Bill Bennett appeared on "Fox & Friends" Friday to weigh in on President Trump's war of words with Supreme Court Chief Justice John Roberts, saying this is a fight Roberts should not have picked.

It started last week when Roberts offered a rebuke to Trump's description of a judge who ruled against Trump's new migrant asylum policy as an "Obama judge."

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said in a statement provided to Fox News. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them."

Roberts added: “That independent judiciary is something we should all be thankful for.”

Trump fired back in a series of tweets, continuing his criticism of "Obama judges," and calling the Ninth Circuit Court of Appeals a “total disaster” with a “horrible reputation.”


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Bennett said Trump is "certainly right" that many federal judges engage in judicial activism, particularly those on the Ninth Circuit.

"If you have eyes, you can see that. If you read their opinions, you can see that," Bennett said.

He noted that this is not the first time a president clashed with a chief justice, pointing to Abraham Lincoln's "fierce debate" with Roger B. Taney over Dred Scott and habeas corpus.

"So this is a fight that John Roberts, I think, didn't want to pick," Bennett said. "By the way, when he talks about the independence of the judiciary, I wonder if he tapped Ruth Bader Ginsburg on the wrist when she was criticizing candidate Trump and saying he was a fake and a phony, because that's not really above the fray, is it?"

Watch the "Fox & Friends" segment above.


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