Transcript: Judge’s Harsh Smackdown of Trump Shows Resistance Can Work
Bonta: Yeah. And if they are turning their unlawful threats, or their threats in the memo, into unlawful action, then that unlawful action is something that we can go to court to prevent, on a go-forward basis, from happening again and also to get a potential recovery for any implementation of those unlawful actions against the individuals or entities that they targeted. Constitutional rights, when violated, can be vindicated in a court of law. And we would go to court to ensure that our constitutional rights are upheld, are vindicated; that there’s accountability for and orders from the court to prevent the violations thereto by the federal government from ever happening again, and also remedies for any harm caused by those unconstitutional actions.
Sargent: Can you talk a little more about that? You say you’d seek court orders to cease and desist these types of prosecutions on the part of the Trump administration, as well as recovering damages. What does that look like?
Bonta: We could go to court and make our presentation saying, Here’s what the Trump administration is doing. They are prosecuting officials for exercising their constitutional rights. It is wrong to do so. There’s no basis for a prosecution, certainly no basis for any criminal activity. And we want a court order saying that they can no longer take those actions and provide the standard that is required for them to meet if there’s going to be any prosecution, and declare that the actions that they’ve taken, and should there be more in the same vein, are unconstitutional, unlawful, and prohibited by a court. If they continue to do it, they are in contempt of court, and they would be violating a standing active court order. If they have brought someone to arrest somebody, prosecuted someone, put them in jail, cause harm whether it be economically or pain and suffering or whatever it might be, that person might also have a claim of their own. They’d probably have an individual private attorney who would bring that case.
