NBC Accuses Federal Judge of Bringing Politics Into Courtroom By Questioning Obama
On Wednesday's NBC Nightly News, anchor Brian Williams accused a
federal judge of bringing politics into the judicial process simply by
ordering the Justice Department to explain controversial comments
P
resident Obama made against the Supreme Court: "Politics are
ideally supposed to stay out of the nation's courtrooms, but that's not
what happened this week in a federal courtroom in Texas."
In report that followed, correspondent Pete Williams proclaimed: "The
political controversy spilled into a Texas federal court, where the
rules are designed to filter out politics, interrupting arguments about a
challenge to part of the Obama health care law." Williams noted how
Judge Jerry Smith "put a Justice Department lawyer on the spot" to
explain the President's attack on the court system and made sure to
point out that Smith was "a Reagan appointee."
Williams
explained: "On Monday, asked about predictions that the Supreme Court
might strike down the health care law, the President used terms normally
invoked by conservatives to attack decisions they don't like." After
playing a clip of the comments in question, Williams did mention: "The
President did dial back his remarks yesterday, saying simply the courts
have shown restraint in overruling acts of Congress..."
With the President's comments stirring controversy, Williams tried to
bring the story to an end: "...some say everyone should now cool it." A
sound bite followed of American University Washington Law School
professor Stephen Wermiel, who concluded: "President Obama really
stepped into a controversy by criticizing the judicial activism of the
court, but I can't imagine the circumstances under which a federal judge
would then order the Justice Department to explain the President's
views."
Professor Wermiel is also the author of "Justice Brennan, Liberal Champion."
NBC largely ignored the fact that President Obama injected politics
into the Supreme Court proceedings with his Monday comments. The only
coverage of the misstep on the network prior to Wednesday night was a
single news brief by Savannah Guthrie on Tuesday's Today: "President
Obama predicted Monday that the Supreme Court will uphold his health
care reform law when that ruling is announced in June. The President
seemed to challenge the justices directly when he warned that
overturning the law would hurt millions of Americans and amount to an
overreach by the court."
Here is a full transcript of the April 4 Nightly News report:
7:09AM ET
BRIAN WILLIAMS: Politics are ideally supposed to stay out of the
nation's courtrooms, but that's not what happened this week in a federal
courtroom in Texas. One of the judges took issue with some of what
President Obama said this week at the White House about the big health
care case that's now in the hands of the Supreme Court. Our justice
correspondent Pete Williams has more.
PETE WILLIAMS: The political controversy spilled into a Texas federal
court, where the rules are designed to filter out politics, interrupting
arguments about a challenge to part of the Obama health care law. Jerry
smith, an appeals court judge, put a Justice Department lawyer on the
spot yesterday about a comment earlier this week from President Obama.
JERRY SMITH: I'm referring to statements by the President in the past
few days to the effect, and I'm sure you've heard about them, that it is
somehow inappropriate for what he termed unelected judges to strike
acts of Congress.
WILLIAMS: On Monday, asked about predictions that the Supreme Court
might strike down the health care law, the President used terms normally
invoked by conservatives to attack decisions they don't like.
BARACK OBAMA: For years, what we've heard is the biggest problem on the
bench was judicial activism or a lack of judicial restraint. That an
unelected group of people would somehow overturn a duly constituted and
passed law. Well, it's a good example.
WILLIAMS: He said it would be unprecedented to overturn a law passed by
a majority in Congress. Judge Smith, a Reagan appointee, demanded a
letter from the government by noon tomorrow stating its position on the
power of the courts to strike down laws. Republicans in Congress pounced
too. The Senate's Minority Leader Mitch McConnell circulated a list of
169 times the Supreme Court has struck down federal laws in part or
completely. The President did dial back his remarks yesterday, saying
simply the courts have shown restraint in overruling acts of Congress,
but some say everyone should now cool it.
STEPHEN WERMIEL [PROFESSOR, AMERICAN UNIVERSITY WASHINGTON COLLEGE OF
LAW]: President Obama really stepped into a controversy by criticizing
the judicial activism of the court, but I can't imagine the
circumstances under which a federal judge would then order the Justice
Department to explain the President's views.
WILLIAMS: Unknown in all of this is whether the justices were
listening. Most legal experts say even if they were, it won't make a
difference in what they do. Pete Williams, NBC News, at the Supreme
Court.
-- Kyle Drennen is a news analyst at the Media Research Center. Click here to follow Kyle Drennen on Twitter.
