Blanche in Hot Water as DOJ Seems to Violates Judge’s Order Blocking Trump Ads 900+ Times
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00:26 Discover coffee plus on nispresso.com. Todd Blanche was serious when he said he would not comply with certain orders and the Department of Justice wouldn't if they didn't agree with them. Prime example, the over, I don't know, 100 times, thousand times that they violated since 6.46 p.m. last night. Judge Rochon of the Southern District of New York's order, temporary restraining order in favor of common cause and a couple of labor unions to stop those Trump ads, the Love Me ads, the Maduro ads. all the ads that have been barting the airwaves to shore up Donald Trump's failed administration and sway voters 21 or so days until the midterms. She said stop. She said block.
01:11 She said, I block the funding. I block the ads. Get them off the air. Let the advertising agency know who you've hired about this order and report back to me by 6.46 p.m. the next day. That is all from Sunday night over to Monday night. but the common cause wanted the judge to know that she'd been had. See, when the Department of Justice came in, they tried to first argue to the judge before the injunction was entered.
01:43 Judge, you have no jurisdiction. See, these ads are coming down. They were only going to be running on October 11th. It's over. You can and join something in the future that's not going to happen in the future. This is past acts. We can't do an injunction. With nothing to see here.
01:57 And of course, based on the information supplied by Democracy Forward and the public integrity project, which are two public interest groups that have brought these cases, the judge says, yeah, I think these are going to continue. I'm going to keep my TRO in place. There is irreparable harm, likelihood of success on the merits, inadequate remedy at law, and the public interest tips in your favor. You're going to win this case is what she's basically saying at the temporary restraining order phase. Just before the deadline, when the Department of Justice had to tell the judge and maybe mislead the judge about how they're complying, here comes the plaintiffs to tell the judge they're not complying.
02:35 Here we go. Dear Judge, we respectfully submit this letter to bring to the court's attention, information relevant to the defendant's compliance with the court's temporary restraining order. Plaintiffs nevertheless believe that the court should be aware of development suggesting that the conduct addressed by the order may be continuing. Judge said, stop it, cut it out by 6.46 p.m. Sunday night Eastern Time. Here's what they say, specifically. You'll find this on legal AF substact so you can review it on your own. On October 12th at 131 Eastern Time, that's the day after the judge entered the injunction. The Washington Post reported that two ads continued to air after the court issued the order and into the early hours of Monday, October 12 on 16 minutes, ABC World News Tonight,
03:24 at America's funniest home videos. I assure you, the judge in this case, Judge Rochon, will not find this to be one of America's funniest home videos. By the way, I'm back in my home studio. I'm Michael Popok. Take a minute. Hit the free subscribe button as we continue to grow our pro-democracy channel, will you? Number two, according to add impact data, retrieved at 2.45 p.m. Eastern on
03:48 Monday, defendant's ads ran in nearly 400 spots on programs that began airing at 7 p.m. Eastern time last night. That is after this court's order was in effect. Specifically, final battle ran in 193 spots during 60 minutes, which aired on CBS at 7 p.m. Eastern Time. Here's a clip. This is the final battle. With you at my side, we will demolish the deep state. We will expel the war mongers. from our government. We will drive out the globalists. We will cast out the communists, Marxist and fascists. We will throw off the sick political class that hates our country. We will route the fake news media and we will liberate America from these villains once and for all. And Maduro ran in 198 spots during the America's funniest home videos. Nothing says America's
04:48 funniest home videos like the overthrow of Venezuela and it's dictator. Here's a clip of Maduro. Last night on the order of the President of the United States, and in support of a request from the Department of Justice, United States military conducted an apprehension mission in Caracas, Venezuela, to bring to justice two indicted persons, Nicholas and Sassia Maduro. Nicholas Maduro had his chance until he didn't.
05:20 He yft around and he found out. This was one of the most stunning, effective and powerful displays of American military might and competence in American history. Like, I don't understand yet how they haven't figured this out. And now if you don't know, now you know. Because this is the way it's going to play out. And I think people need to understand that this is not a president that just talks and does letters and press conferences. And, you know, if he says he's serious about something, he means it. But don't play games.
05:49 Don't play games with this president's in office Because it's not going to turn out According to the same data The government's ads have continued to air today That would be Monday At 2.45 in the afternoon They're still running Maduro Final battle, the country he loves.
06:07 You know that one? The one where he says, Love me, love me, lovely And he's being effectively sued by the person who composed that song Because they didn't give permission. Play that clip. Together we will defeat communism,
06:18 socialism and Marxism in America once and for all. America will never be a communist country. Plaintiffs do not presently seek contempt sanctions, but given that the ads have continued to run on October 12th, the day after defendants insisted the ad buy was no longer effective, plaintiffs request the status conference to determine defendant's compliance. Now, the government is going to have to come in and explain why they have violated the order. Now, while the judge had originally
06:53 postponed the status conference she was going to hold on the 13th of October, I am sure that sometime today, she's going to be holding a status conference and the feet to the fire for the Department of Justice. In particular, she's going to want to know why her order was violated. I'd like to know the answer to that too. See, when they brought their notice and they filed their memorandum of law, here I noted that Jamie McDonald, the new U.S. attorney for the Department of Justice said to the judge, hey, plaintiffs cannot demonstrate they have Article 3 standing because they don't have any injury because we're not running the ads any longer. Well, Jamie, it looks like you are running the ads currently. And that is something that I think the judge is not going to be
07:42 happy about. Here's what I think is going to happen. The judge, who, and I gave you a little bit of a background on this yesterday, who used to be the general counsel for the Girl Scouts of America. She worked for a major law from a New York called Kramer Levin Naftalus, which I've litigated against. She used to be Donald Trump's sister, who was a federal judge, Marion Trump Barry, her law clerk back in the early 2000s in New Jersey. She was a Biden appointee. She's not going to be happy. I think she's going to, and I'll report on it as it happened. She's going to find out who failed to comply with her order.
08:20 how did it happen? Who knew? What did they know? When did they know it? Why didn't they comply with the order? And she's going to be looking closely at what they submit as their compliance email. And I'll bring that back to you as well. I think from there, she starts issuing sanctions. If she doesn't issue sanctions, it certainly is not going to help the Department of Justice out when the main case is going to be litigated in front of her. See, preliminary injunctions and temporary restraining orders are only at the very beginning of the cases. Temporary restraining orders last maybe a week or two. Preliminary injunctions, which are similar to temporary restraining orders in terms of the elements that you have to prove, that you're likely to prevail on the merits, inadequate remedy at law, irreparable harm, public interest, tips in your favor. But it lasts from that moment until the end of the case. A permanent injunction, if it's entered, that is from the end of the case, the final.
09:20 judgment forever or from some date certain that the judge establishes. So preliminary injunctions and TROs are in the first month or two of a case, lots of activity. And if you win a preliminary injunction, it probably looks good for you in the case. I have won preliminary injunctions and settled the cases because I won effectively. Or I've won preliminary injunctions and sometimes when you get to trial, things change. So the underlying case about Donald Trump's violation of all these laws and of his powers. That's still going to be litigated in front of now what I think is going to be a pissed off Judge Rochon who does not trust at all the Department of Justice. How can you trust them? Who can forget when you had Todd Blanche say, we may not, we may not comply with all
10:05 orders. Play the clip. You've said it's a war man and you've asked young lawyers to join in that war and what you find at fault with what the judges are saying in broad terms about the administration. Can you just explain the difference you see between your comments and the judge's comments? Well, there could not be a bigger difference. It turns out I'm not a judge. It turns out I'm not bound by the judicial canons. Okay, I'm allowed to fight from my prosecutors. I'm allowed to get really fired up when, for example, judges in Minnesota complained about us violating court orders.
10:38 But the reason why that we are, quote, violating court orders is because these judges are violating Supreme Court law, okay, in allowing these cases to be. be filed. So I'm going to continue to cover it all right here. Thanks for being here to kick off our Tuesday. You know how to help us. Hit that free subscribe button. And you come over to Legal AF substack where you can grab a copy of the letter that just went to the judge and follow this case as closely as I do. Until my next report, I'm Michael Popock. Can't get your fill of Legal AF. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, morning A.F. What else?
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