Legal AF by MeidasTouch - Judge Makes Major Ruling on Trump Criminal Contempt

Episode Date: April 16, 2025

In breaking and startling news, the Chief Judge of the DC Court has found the Trump Administration for the first time in CRIMINAL CONTEMPT of Court, and will make a “referral for prosecution” for willfully disobeying his order to ground the planes with prisoners bound for the super max prison in El Salvador. Michael Popok explains that when, not if, the Trump Administration refuses to return the 2 plane loads of prisoners back to the US, the Judge has the power to appoint his own special prosecutor if the DOJ/Pam Bondi refuses to prosecute. Smalls: Head to https://Smalls.com/LEGALAF and use promo code: LEGALAF at checkout for 50% off your first order PLUS free shipping! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

We got some breaking and startling news. Not only do we have the first ruling by a judge finding the Trump administration in criminal contempt, in criminal contempt of court, by Chief Judge Boesberg, a district court judge in D.C. about the Trump administration violating his temporary restraining order by continuing to fly planes over his injunction to ground those planes to El Salvador under the exercise the Alien Enemies Act. We have the criminal contempt order and even a threat by the judge that if the Trump administration does not immediately intend to return those prisoners on those two planes that were sent to El Salvador and bring them back to the United States to purge their contempt, then the judge

wants to know from the Trump administration the names of all the people that violated his order, because he's gonna send them, he's gonna make a referral for criminal prosecution. Now some might be thinking, well, there's a limit there, because the criminal prosecution parts in the executive branch, not so fast. I think there's a way for the judge

to appoint his own prosecutor to go after the Trump administration if they don't do it themselves I'm Michael Popak. You're on the Midas Touch Network. We're breathless for a reason on this one There's been a lot of threats There's been a lot of people in the Midas Mighty and Legal. A efforts that have been demanding a Contempt finding by a judge for the willful defiant a disobey disobedience of the Trump administration This is now probably the fourth or fifth version the willful, defiant, disobeyed disobedience of the Trump administration. This is now probably the fourth or fifth version.

We're watching it play out where they're not obeying the Obrego Garcia, the Obrego Garcia ruling by the United States Supreme Court. But this has to do with two plain loads of people who were deported and removed to El Salvador in that same prison, but over the injunction of the federal judge. And the federal judge says, I'm going to read to you from his orders today, he says, you might be thinking, how can I continue to exercise jurisdiction since the United States Supreme Court vacated my order on a technicality or found that it had an error in it? In other words, the Supreme Court said, well, we get your point, and they do need due process,

but they really need due process in the form of a habeas corpus petition that should be done before they're loaded onto the planes in due process wherever they are in the United States. The Supreme Court basically letting 250 other people rot in an El Salvador prison, but saying, well, going forward in the future, if you're, you know, as long as you're still here,

you get due process, you get it by way of rid of habeas corpus, not in a class action with Judge Boesberg, not in the District of Columbia, but in Texas. But the judge says, yeah, that may be true. But until my order was reversed, it was effective. And you violated it. And no man, no matter how high or exalted his station, can make his own judgment about

whether he's going to obey a judge's order or not and say, well, I think it's going to be overturned one day, so I'm not going to do it. You can't crap over the Constitution. I'm translating it for you. Let's get to the order. Now, the judge had a choice. Most judges in kind of a progressive discipline for somebody that's in contempt will find them in civil contempt. But the facts here are so bad and egregious against the Trump administration.

This judge skipped the civil contempt, went right to criminal contempt and the threat of putting people in jail. If by next week these people don't come from it back from El Salvador. And you know, the Trump administration is not going to bring people back from El Salvador because they're laughing and mocking federal courts and the Supreme Court right now over Abrego Garcia. So we know where this goes. And so the judge does too, because if they don't bring people back by next Wednesday, then the judge wants the names.

He's taking names and he's kicking butt. Who are the people that violated my order? I want the names on my desk by five o'clock next Wednesday. And then from there, he's gonna make that referral for prosecution and I'll dive into that as well. Speaking of diving, let's get into the judge's order. And it really starts at the very beginning. I'm gonna read you a little from the beginning,

a little from the middle and a lot from the end. Here's what the judge says. On the evening of Saturday, March 15, 2025, this court issued a written temporary restraining order barring the government from transferring certain individuals into foreign custody pursuant to the Alien Enemies Act. At the time, the order issued, those individuals were on planes being flown overseas, having been spirited out of the United States by the government before they can vindicate their due process rights by contesting their removability in federal court. Rather than comply with the court's order, the government continued the hurried removal

operation. Early on Sunday morning, hours after the order issued, it transferred two plane loads of passengers protected by the TRO, temporary restraining order, into a Salvadoran mega prison. The court ultimately determines that the government's actions onining order into a Salvadoran mega prison. The court ultimately determines that the government's actions on that day demonstrate a willful disregard for its order, sufficient for the court to conclude that probable cause exists to find the government in criminal contempt. That's extraordinary. Extraordinary. I don't think any other presidency

or the administration has ever been found in criminal contempt of violating a court or maybe during the civil rights era. The court does not reach such conclusion lightly or hastily. Indeed, it has given defendants ample opportunity to rectify or explain their actions. None of their responses have been satisfactory. Then the judge addresses, well, my order was vacated. Does that take away my jurisdiction to find people in contempt for violating the order before it was vacated?

He answers the answer. He answers the question, no. When the world inevitably goes downhill, which let's be honest, it's not looking great right now. You know what's the first thing I'm gonna make sure I have with me? Nope, it's not my friends or my family. It's my cat and their favorite cat food, Smalls.

This podcast is sponsored by Smalls. And if you're a listener of this show, you know that my cat Chanel can't live without Smalls. To get 35% off plus an additional 50% off your first order, head to Smalls.com and use our promo code LegalAF for a limited time only. Smalls cat food is protein packed recipes made with preservative free ingredients

you'd find in your fridge and it's delivered right to your door. That's why cats.com named Smalls their best overall cat food. My cat prefers Smalls way more than their previous cat food. I legitimately did a taste test, put two bowls side by side and Chanel immediately went to Smalls.

Since making the switch to Smalls, my cat Chanel has had fewer hairballs, more balanced energy, a healthier weight, a softer and shinier fur coat, and a less stinky litter box. Still not a believer in Smalls, Forbes ranked Smalls the best. Overall cat food, while Buzzfeed said, my cats went completely ballistic for this stuff. I use Smalls as a topper to transition Chanel to Smalls and the transition went perfectly. And I can tell you that my cat's breath is much better and her fur is much softer ever since I switched to Smalls.

Smalls also has a bunch of amazing treats and snacks you can add to your order. After switching to Smalls, 88% of cat owners reported overall health improvements. That's a big deal. Have a particularly picky cat? Smalls has a sampler so your cat can try everything Smalls has to offer.

And the team at Smalls is so confident your cat will love their product that you can try it risk free. That means they will refund you if your cat won't eat their food. What are you waiting for? Give your cat the food they deserve for a limited time only because you are an Legal AF listener. You can get 35% off Smalls plus an additional 50% off your first order by using my code LegalAF. That's an

additional 50% off when you head to Smalls.com and use promo code LegalAF. Again, that's promo code LegalAF for an additional 50% off your first order plus free shipping at Smalls.com. This, that court's later determination. The Supreme Court's later determination, the judge says on page two, that the temporary restraining order

suffered from a legal defect does not excuse the government's violation. Instead, it is a foundational legal precept that every judicial order must be obeyed no matter how erroneous it may be until a court reverses it. If a party chooses to disobey an order rather than wait for it to be reversed

through the judicial process, such disobedience is punishable as contempt, notwithstanding any later revealed deficiencies in the order. That rule of law answers not just how this compliance inquiry can proceed, but why it must. The rule, the judge continues, reflects a belief that in the fair administration of justice, no man can be the judge in his own case, no matter how exalted his station or righteous his motives. The Constitution does not tolerate willful disobedience of judicial orders, especially by officials of a coordinate

branch, co-equal branch, who have a sworn and oath to uphold it. Otherwise, it would be a solemn mockery of the Constitution itself, citing United States versus Peters from the first Chief Justice, Chief Justice Marshall in 1809. He then goes off on page 14 and says the following, defendants provide no convincing reason to avoid the conclusion that appears obvious from the above factual recitation. They deliberately flouted this court's written order and separately its oral command, because he did it at a hearing as well, that explicitly delineated what compliance entailed. They do not dispute that it was hours after the written order issued that they disembarked

the class members aboard two planes and transferred them out of U.S. custody. Rather than offer a mea culpa, the judge continues on page 15, an attempt to explain this grave error and detailed plans to rectify it, defendants offer various imaginative arguments for why they technically complied. None of their positions withstand scrutiny. So here's his order.

Let me unpack it for you here. This is on the last page, on page 46. The court finds probable cause that defendant's actions constitute contempt. We know that's criminal contempt. It has the opportunity to purge that contempt. If they opt to do so, if they opt not to do so, the court will proceed to identify the contemnors, the people who actually did the contempt, and refer the matter for prosecution. Now here's what the minute order along with this says. Given the finding of probable cause for contempt,

the court orders that defendants, if they opt to purge, they do so by April 23rd with a declaration explaining the steps they have taken and will take to do so, to bring those people back. If defendants opt not to purge, then they need to identify those people with knowledge of the court's class-wide temporary restraining order who made the decision not to halt the transfer of the class members out of U.S. custody on March 15th and 16th. Now, what can the judge do after a referral to the prosecutors? Because you know, Pam Bondi's not going to continue this case.

They're not going to take this case, not going to prosecute people in her own executive branch. Then the judge has a choice. He does have the power, based on my analysis of case law, to appoint his own special prosecutor if the government found in contempt will not follow through with it. He can appoint a special prosecutor from the state side or from somebody who'll take the case. I could think of a few attorneys general, maybe like Letitia James, make them a deputized special prosecutor to prosecute those people in contempt.

And that's what I would encourage the judge to do. This judge has people in high places. I know that Donald Trump's going to run off to the Supreme Court. Kavanaugh was his roommate in law school. Justice Roberts likes him a lot. He's considered to be one of the most esteemed federal judges on the bench, despite what Donald Trump is saying today about him being a liberal, wacko, activist, criminal, corrupt, and all the rest of it. He's none of those things, and the Supreme Court knows it. And now they're going to have to decide whether they're going to back a federal judge enforcing his powers, having found on the record probable

cause that criminal contempt was committed by this administration. And that's going to be for a follow up here on the Midas Touch Network and on Legal AF. I'm Michael Popak. Follow me on all things Legal AF, the Legal AF YouTube channel. Hit the subscribe button there here on the Midas Touch Network. Hit the subscribe button here and join us for our podcast, Top 10 in the World Legal AF, Wednesdays and Saturdays at 8 p.m. Eastern time, right here on the Midas Touch Network. Until my next reporting, I'm Michael Popock. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and

free subscribe at Legal AF MTN. That's at Legal AF MTN.