I’ve read the Wall Street Journal for many years. I’ve even had a piece published in the Journal. The opinion page is excellent (even when I disagree with the opinions expressed there) and the news page is reliable (though it has drifted leftward over the years).
I was therefore surprised and disappointed to see the Journal’s coverage of a recent interview that President Trump gave to NBC News.
Trump was asked about the due process protections he should afford illegal aliens being deported. Here’s the transcript of the relevant part, as presented by NBC News itself:
“But even given those numbers [of illegals] that you’re talking about, don’t you need to uphold the Constitution of the United States as president?” Welker asked.
“I don’t know,” Trump replied. “I have to respond by saying, again, I have brilliant lawyers that work for me, and they are going to obviously follow what the Supreme Court said.”
A fair reading of that exchange is: (1) the interviewer asked Trump whether he would uphold the Constitution in connection with his deportation of illegals, (2) he replied that he’s not a lawyer, so he doesn’t know what the legal requirements are, (3) he has many brilliant lawyers who will tell him, and (4) they’ll “obviously follow what the Supreme Court” says.
The Journal presented the clip, but accompanied it with a very misleading headline. The headline read,
“Asked if He Has to Uphold the Constitution, Trump Says ‘I Don’t Know’”
That headline was misleading in at least three ways. First, it leaves out the context, thereby implying a context much broader.
The question asked of Trump was not the general question of whether he “has to uphold the Constitution.” Rather, it was a very specific question: It was whether Trump has to afford due process protections to illegals being deported.
Second, the headline omits the rest of Trump’s answer. He immediately went on to note in connection with this Constitutional issue that he is not a lawyer.
That’s not just a quibble. Even most lawyers would struggle to define the necessary due process protections for illegals. Do they get a full-blown jury trial? Do they get summary adjudication by an administrative judge? Do they get something in-between? Even the Supreme Court has not been crystal clear on this point.
Third, Trump wound up his answer by explicitly stating that he would defer to whatever the Supreme Court says.
In context, it’s hard to see what Trump said wrong. He did indeed start his answer with “I don’t know” but immediately explained why he didn’t know, and gave assurance that he would do as told by people who do know — namely, the Supreme Court.
The Journal’s headline parrots a similar headline from the outlet that did the interview, NBC News. I was not surprised to see NBC sink this low to rake up muck, but I was indeed surprised to see the Journal follow them down there.
Glenn Beaton practiced law in the federal courts, including the Supreme Court.