Later on this evening Secretary Clinton will make a victory speech, as she now has more than enough delegates for the nomination.

She still has the FBI investigation to deal with, but other than that she simply has to defeat Donald Trump to become the next president.

However, that might not be so simple because the populist campaign Trump is running has energized millions of voters. 

The Clinton Campaign is counting on Mr. Trump to continue creating controversy that will dilute his message.

Last night on this program Mr. Trump reiterated that he believes the judge presiding over the class-action suit against Trump University has treated him unfairly.

Mr. Trump says it's all about politics because the judge is of Mexican descent and may not applaud Trump's strong stance against illegal immigration.

Today Mr. Trump issued a statement saying he is finished talking about the situation.

But the story will remain and it is worth analyzing in a fair way.

If you read the New York Times today, there's an article stating that Mr. Trump has attacked judges in the past who have ruled against him.

Some of those judges were white.

The truth is if Mr. Trump feels aggrieved, he will criticize you or me or anyone.

That's just the way he is. 

So those who are calling Mr. Trump a racist apparently do not know his history.  He is an equal-opportunity basher.

But it was unwise for the presidential candidate to spotlight the judge's ethnicity.

That mistake gave the Trump-haters a free pass to vilify.

MELISSA MARK-VIVERITO (D), NEW YORK CITY COUNCIL SPEAKER: “This is really about the most serious position in this country and he is defaming and detracting attention away from the essence of this case. This is an individual, Donald Trump, who is a charlatan and who is racist.”

Ms. Viverito has despised Trump for years and her charge of racism went unchallenged.

That is wrong.

Whether it's Trump or Hillary Clinton or President Obama, no ad-hominem attacks carry any credibility.

They should be condemned by all.

This racism business is totally out of control and journalists have a responsibility to rein it in, providing perspective rather than silently allowing cheap-talk.

If you watched my interview with Donald Trump last night, the last portion of it was instructive.

O'REILLY: “I think the judge is an honest man.  I don't think he is hosing you, I really don't.  I have checked him.”

TRUMP: “Well, I hope so.  Look, I want him to be.”

O'REILLY: “I think he is an honest guy.”

TRUMP: “I don't care if is he Mexican or not Mexican.  I want him to be -- all I want him to do is give me a fair shake.  When we have thousands of people says it's great, why does this thing continue to go forward?”

Finally I suggested the judge may want to recuse himself from the case, not because he's done anything wrong.  He hasn't.

But this situation is far more than civil litigation.

The law firm representing the plaintiffs is a major supporter of the Democratic Party, paying Bill and Hillary Clinton hundreds of thousands of dollars to speak.

It is not a stretch to see the class-action suit as a political cudgel.

It is certainly true that Judge Curiel might be seen as giving in to intimidation if he would hand the case over to another federal judge.

That is a bad thing -- judges have to be strong in the face of criticism.

But with this case having an impact on the presidential election, it would be better if there was not a whiff of any political agenda.

Would it not?

And that's the memo.