Judge won't halt trial over Trump's tweets

A judge refused to dismiss an illegal immigration case because of President Donald Trump's tweets.

“Under these circumstances, the Court finds Defendant has not stated grounds sufficient to warrant any presumed prejudice,” U.S. District Judge Scott Palk ruled Thursday. “Defendant will be given an opportunity at trial to address any concerns of juror bias. Dismissal of the indictment on the grounds asserted by Defendant is not warranted.”

Pedro Hernandez-De Loera, a native of Mexico, complained he couldn't get a fair trial anywhere in the United States. His court-appointed attorney, Joe Wells, told Palk — a Trump appointee — the president's “inflammatory, racist” comments have irreparably tainted the jury pool.

In one of the complained about comments, Trump in March tweeted about “illegals” being apprehended at the nation's southern border. “With another President, millions would be pouring in. I am stopping an invasion as the Wall gets built. #MAGA,” Trump tweeted.

Hernandez-De Loera, 46, faces up to 20 years in prison in federal prison if convicted of illegally reentering the country. His trial is set for Sept. 17 in Oklahoma City federal court.

Prosecutors had asked the judge to let the case proceed to trial. They called the defendant's assertion about t he impact of Trump's comments doubtful at best .“Indeed, courts around the country conduct trials involving similarly situated defendants without mob justice taking over,” prosecutors wrote in a response.

Wells said he plans to raise the same concerns in other illegal immigration cases.

“Mr. Trump needs to keep his mouth shut. He's poisoning the well,” Wells said Friday. “If a prosecutor can't talk about a case, the president shouldn't be able to.”