Legal AF by MeidasTouch - Legal AF Full Episode 3/19/2025

Episode Date: March 20, 2025

Michael Popok and Karen Friedman Agnifilo join forces again on the Legal AF podcast, and debate: why Trump is sending a mafia-like message to Chief Justice Roberts and why they are doubling down on th...eir fight with the Supreme Court; whether the Supreme Court will uphold a new order blocking Trump's efforts to drum Transgender soldiers out of the military; whether a federal judge will (or can) find the Trump Administration in contempt for refusing to follow court orders; whether a federal judge will be successful in putting USAID back together again, and so much more at the intersection of law and politics. Support our Sponsors: Zbiotics: Go to https://zbiotics.com/LEGALAF to get 15% OFF any Zbiotics Probiotic when you use promo code: LEGALAF at checkout! One Skin: Get started today at https://OneSkin.co and receive 15% Off using code: LEGALAF Armra: Head to https://tryarmra.com/legalaf or enter promo code: LEGALAF to receive 15% off your first order! Viia: Try VIIA Hemp! https://viia.co/legalaf and use code LEGALAF! 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 Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson 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

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Starting point is 00:00:38 19 plus to wager, Ontario only. Please gamble responsibly. If you have questions or concerns about your gambling or someone close to you, please contact Connex Ontario the Is it only the midweek for legal AF? We had five different court decisions yesterday, all of course against the Trump administration. We have out and out warfare between Donald Trump, like a mobster sending messaging back to John Roberts, the Chief Justice through his press secretary,
Starting point is 00:01:21 all about what used to be a little known judge named Chief Judge Boesberg, Jeb Boesberg of all things, in the D.C. court who was Brett Kavanaugh's roommate and one of John Robert's buddies. And it's all burst out because Donald Trump declared a phony war using phony war powers and got shut down and shot down by a federal judge. Wow. Constitutional crisis anybody? We're in it. And as Donald Trump and his administration have doubled down on
Starting point is 00:01:52 doxxing and attacking federal judges by name, including the press secretary getting confused about which judge was appointed by which president. Then we have other cases that we got to talk about, besides the attempted or the actual deportation of Venezuelans without due process to put them in some sort of dark hole of a supermax prison in El Salvador to fill beds because the head of El Salvador needs the money from the US.
Starting point is 00:02:24 This sounds disgusting, and it is. So we've got the decision making and orders to prove it. A judge in San Francisco has looked the Trump administration in the eye and has said, I don't think you're following my injunction. I told you to rehire 25,000 people, not to put them on paid administrative leave. And the judge is trying to, as Judge Boasberg did, he's trying to get to the bottom
Starting point is 00:02:52 as to whether there's been open defiance of federal judge orders by the Trump administration, something that Donald Trump, in an interview that he just did with Laura Ingraham on Fox, denied that he's going to do, oh, we won't, we won't defy orders, but we have these lunatic, crazy, corrupt judges. And, you know, we might have to push back a bit. And then at the same time, is Judge Alsop questioning whether the Trump administration
Starting point is 00:03:21 openly defied his orders. We've got Judge Reyes, who just issued today a scathing rebuke of the Trump administration concerning the attempt to drum out of our armed services transgender Americans who have been serving with pride and giving and offering their ultimate sacrifice to protect us, our liberties, our freedoms.
Starting point is 00:03:47 And Judge Reyes said, isn't it a cruel twist of fate that those who are willing to protect our freedoms are having theirs denied by the Trump administration in an order issued by Pete Hegseth, which this judge declared was seeped and dripping in animus and bias against this disadvantaged group of people called transgender Americans. And we'll look at that as well. And then Judge Chung in Maryland, who we've been talking about at Nauseum, he also issued a ruling yesterday in which he wants to put back together, it's like Humpty Dumpty, USAID, this organization that was responsible
Starting point is 00:04:33 for humanitarian and commercial aid around the world, and he doesn't like what Donald Trump has done either. And so he's ordered that the payment systems be turned back on and ordered that workers be brought back on and ordered that workers be brought back to work. And this is driving MAGA mad, including Caroline LeVette or Levitt, the press secretary and the rest of MAGA world, because they've got this new thematic, which Karen, this is their new talking points, which they use their paid, their paid influencers, the rapid response team
Starting point is 00:05:08 that's been built inside the White House, the MAGA in the House and the Senate, to all at the same time create this ecosystem, this reverberation chamber of one single judge in one single district can't shut down a president who won a mandate in all seven battleground states. What are you effing or legal AF in talking about? Every major constitutional decision that's ever been
Starting point is 00:05:34 in the last 200 years plus comes from a single judge in a single federal district. That's how checks and balance works. Let's bring in Karen. Midweek is here, Karen. I'm already exhausted. I know, it's crazy so much stuff. We say this every week,
Starting point is 00:05:50 but this week really so much is going on. It's unbelievable to me. I can't even believe it. And we are heading towards a constitutional crisis, in my opinion, with the things that are going on right now. Again, sounds very alarming and people say that all the time. This time I think this is where we're headed
Starting point is 00:06:08 if we continue down this road, especially with the Boasberg stuff. Well, let's jump in there by choice. Well, let me ask the academic philosophical question since you went there so quickly, which I appreciate. Why is Donald Trump causing so soon and over this particular issue of deportation? Why is he causing this constitutional crisis?
Starting point is 00:06:30 And how do you think it ends for him? I mean, I think it's a couple of reasons. He ran on this issue of immigration. Congress for decades has just been paralyzed in terms of passing a law on immigration. And so the issue has basically gotten out of control. And Trump has just had enough. And then you add to that the United States versus Trump
Starting point is 00:06:54 and the case that the United States Supreme Court essentially anointed King Trump and essentially gave him far more powers than anyone ever thought the president or the executive had. And he's kind of like, look, you tried to bring me down, you prosecuted me four times, and I got reelected anyway as a convicted felon. He's giving everyone the middle finger.
Starting point is 00:07:17 He's got US v. Trump, and he's saying, I'm going to do whatever the F I want, and he's doing it. And he's basically saying, I am not going to follow court orders. He has his press secretary saying this. He's got these talking points. How can a single judge in a single district order the president of the United States, the executive branch, to do anything, that stay in your lane?
Starting point is 00:07:40 And they're saying that over and over and over again, so much so, that it prompted the highly, highly unusual comment from the Chief Justice of the United States of America, of the Supreme Court saying basically, you know, not so fast. It still matters. You can't defy a court order. We'll get to the exact details and what he says, but that's why I think he is.
Starting point is 00:08:00 He is pushing it and pushing it and pushing it to see how far he can go. And so far, he's getting away with all of it. Congress is not stopping him. They have ceded all of their legislative and oversight authority. And the courts don't have any inherent authority to enforce what they order people to do.
Starting point is 00:08:18 At least they don't have a, it's unclear what kind of authority they do have and what they can do if Trump basically says, no, I'm not doing it. So he's pushing this issue to the limit, and he's really pushing it here. We'll see where we end up. Well, listen, I think federal courts have to do their job.
Starting point is 00:08:35 I think federal courts have to declare things unconstitutional and illegal, and I think they have to find administration officials in contempt when and if they get that far after fact-finding. I think that has to go up to the district, to the courts of appeal and up to the United States Supreme Court. And if at the end, at the end, if the Supreme Court upholds the single federal judge and a single federal district line of thinking, then we are in a constitutional crisis if Donald Trump refuses to abide by it,
Starting point is 00:09:05 because the executive branch holds all the power of enforcement. It's its Department of Justice, but I'll leave that for a minute. It's its martial service, which would mean, in order for John Roberts not just to issue a statement, which we're going to cover next, in which he rebuked and chastised Donald Trump, if not by name,
Starting point is 00:09:23 at least we knew who he was talking about, when he said, stop trying to threaten to impeach federal judges, which are my employees and they report to me. You got a problem with a decision of a federal judge? Then you appeal. You don't impeach. We'll talk about that rationale.
Starting point is 00:09:42 But John Roberts is coming off the sidelines and wasting his own political capital to take on Donald Trump in public. Then he's got to be willing to somehow have his orders enforced. They can't just be on a piece of paper. There's a couple ways to do it, talk about inherent authority.
Starting point is 00:09:59 One of them is that if the Department of Justice isn't going to take up prosecution of a matter, because it's all under the thumb of the Chief Law Enforcement Officer of America, which is Donald Trump, according to Donald Trump, then they're going to have to deputize their own prosecutors. It's happened before. The Supreme Court has recognized it. So people come out of private practice, or they come out of this, where you came out
Starting point is 00:10:22 of state prosecutors, and they get deputized to be federal prosecutors and they go after administrative officials administration officials that's one two if you need a law enforcement if you need security personnel and the federal marshals are told to stand down by Pam Bondi who runs it from the Department of Justice perch then you deputize law enforcement. There's plenty of democratically controlled police departments in and around DC and all the other states we're talking about. And national guardsmen, imagine this, this looks like the Civil War movie that I watched recently on a flight, who can go and arrest people.
Starting point is 00:11:02 And now we got a battle royale. That is the constitutional crisis that even Donald Trump suggests that he wants to avoid. When he was interviewed by, I don't know if you caught Laura Ingraham last night, but he felt he had to go on this softball interview in order to try to fix the problem that he created with picking a fight with Chief Justice Roberts,
Starting point is 00:11:24 which is not gonna help him. He can't win that fight, and he needs every one of those votes on the Supreme Court, from Kavanaugh to Roberts to everybody else, in order to ultimately affirm his policies and his decision-making. If he's lost the Supreme Court, I'm not suggesting we're there yet,
Starting point is 00:11:42 but if he's lost the Supreme Court, he's a big deep doodoo. Now, if Roberts and the court, they'll try to rein in Donald Trump with these orders, but it's going to be up to federal judges. I'm telling you, they're going to deputize prosecutors to go after Trump if the Department of Justice says no. It's just, it's just, there's no other way. We might as well give up as a society if the judges aren't going to be empowered to do that.
Starting point is 00:12:13 What do you think, Karen? Yeah, I think it's a great point. And I think it's something that everybody has to think about and has to really understand how important it is. And the case we're about to talk about, the deportation of the Venezuelan, this gang, it's called Tren, or Tren de Aragua, Tren de Aragua. And they are purposely picking this violent Venezuelan gang
Starting point is 00:12:41 to push this issue, because when you see what some, not all of the individuals are accused of doing, it's hard to say that you're in favor of keeping them here. And he knows it's one of these, you know, it's one of these things like as a lawyer you say, you know, bad facts make bad law kind of thing. You know, you have to pick when you're appealing an issue, you want to pick something not just with good legal issues,
Starting point is 00:13:07 but you want good facts because judges, appellate judges sometimes are loathe to give the benefit of the doubt to really bad, violent, terrible people. And so that's why you try to find the more sympathetic or positive case to do it. And he picked this case. He picked kind of the worst of the worst people
Starting point is 00:13:30 to push this legal issue, this, I call it a legal issue, but they're truly behaving lawlessly so that they can just basically try to win in the court of public opinion. And I think that's what they're doing here. Yeah, to be clear, nobody on Legal AF, Karen, me, anybody else, if these bad narco terrorist gang bangers,
Starting point is 00:13:54 as the Republicans like to call it, have committed the crimes and are as heinous as they have been portrayed, I'm all for a due process system to send them packing. What I'm not all for is 14-year-old Venezuelans being swept up in this with, in shackles, being sent to El Salvador, to the dictator of El Salvador, to fill his supermax, Arkham prison, Batman jail.
Starting point is 00:14:19 I mean, I'm waiting for Bane to come out of the mist, you know, from these places. In the middle of the night, as the White House on its official website, or its official social media post plays a closing time, like, cut out the memes, so thank you very much. We did not vote for this, okay, Caroline Levitt. We'd voted for a constitutional republic to be maintained
Starting point is 00:14:48 and due process to be used for everybody that happens to be on American soil. And that's what Jeb Boesberg. So let me frame the Boesberg part, then you take over the Roberts part and the reaction and Donald Trump trying to cauterize that wound while still sending a mafioso-like message back to Roberts through his press secretary. So this went fast over the weekend. We were covering Friday hearings, Saturday hearings, Sunday filings, Monday filings,
Starting point is 00:15:17 all arising out of the same thing. The ACLU knew because of Project 2025 and the campaign, that Donald Trump was just itching to invoke the Alien Enemies Act of 1798 in order to turbocharge his deportation plan to declare a phony war, a phony incursion. And incursion, that TDA has been here for over 10 years. And if it was so important in such an urgent matter, why didn't they issue it on the first day on January 20th when he took office, not 60 days later? But I digress. So phony war, phony, phony war powers,
Starting point is 00:15:52 phony trying to access the commander in chief ultimate absolute immunity issues and absolute authority. And he got called out, ACLU filed, knowing that Donald Trump was going to exercise that right or that exercise that power with a new proclamation against not just TDA, the Narco terrorist group, but against everybody who are Venezuelans here, here undocumented, regardless of their association with the gangs, including as low as 14 years old. They filed first. They got assigned randomly Chief Judge Boesberg, DC District Court.
Starting point is 00:16:29 Boesberg issues a temporary restraining order, the first one, which applies to the six Venezuelans represented by the American Civil Liberties Union. He then gets word on Saturday, that was Friday, Saturday that the proclamation using, or trying to use the Alien Enemies Act was signed by Trump on Friday published on Saturday so he he expands his temporary restraining order he certifies the class as everybody who could be impacted by the proclamation and then issues a temporary restraining order on top of
Starting point is 00:17:05 that to block deportation based on that and calls for a hearing. They have the hearing on Saturday, it goes from about 5 to about 6 30. During the course of the hearing, the judge issues orally his injunction. The oral part is important here. And he says, if there's planes in the air, turn them around. You are to stop deporting pursuant to this while I, because, you know, he's already found it's a likelihood of success on the merits that the ACLU is going to prove a violation of the Constitution by Donald Trump. And so we have this battle between Donald Trump attempting to exercise phony commander in chief powers and the federal court's ability to restrain it and call it out.
Starting point is 00:17:48 So he issues his order, an hour later he puts on the docket like a two line temporary restraining order for the reasons in the hearing. You and I have been in hearings before, so has Ben, so has others on Legal AF. You take copious notes during a hearing and you ask for the transcript at the end if there's an injunction involved,
Starting point is 00:18:07 so you know the contours and the parameters of that injunction. It's not just gonna be in whatever the judge puts up on the two lines. It's always for the reasons expressed in the hearing. So what happened is, at least one if not two planes took off and were not turned around after the judge had already issued the injunction.
Starting point is 00:18:24 So you have a number of things going on parallel track. You've got the substantive and the merits of the temporary restraining order already issued with the judge setting a very fast track this week, briefing schedule, uh, Monday. If you want to file an opposition to the temporary restraining order, Trump, you do it Wednesday today, the ACLU, you respond. Friday, we'll have a hearing. In the meantime, the judge figured out
Starting point is 00:18:50 that they might have violated his injunction. That's code word for perhaps there's been contempt of court and open disobedience. So the judge set up a separate track to get to the bottom of the disobedience, setting another hearing and requiring more filings, some of which Trump responded to and some of which he's asking for more time to do it. And their fundamental argument, Karen, is that, oh, we didn't violate because the planes
Starting point is 00:19:15 went out after the written order hit the docket. And the judge says, what about my oral order at 635? And they said, well, oral orders, Judge, they're not really worth the paper they're not written on. And the judge says, are you telling me that as a federal judge, the chief judge of my district, that if I tell you something orally and I enjoin you that you're not gonna do it until I put it in writing?
Starting point is 00:19:40 That seems like a stretch, don't you think? And they cited some totally inapplicable law about oral injunctions. So there's this battle between it. When they figured out they couldn't get out from under Boesberg, they tried multiple attacks on him, starting on Saturday. First, they went to the district, the circuit court,
Starting point is 00:20:00 the appellate court, and they asked for him to be reassigned, because they didn't like the orders they were getting out of him. And the district court, the Appellate Court, and they asked for him to be reassigned, because they didn't like the judge, the orders they were getting out of him. And the District Court, the Circuit Court said, well, they didn't say anything, which effectively is saying, we're not granting you your request for reassignment. Then they asked for a stay,
Starting point is 00:20:16 and the Appellate Court said nothing, meaning they didn't grant the stay. Then they went to the judge and said, you don't have jurisdiction. And the judge says, I'll see you at five o'clock in my chambers. So they tried all these, and when all of those failed, now we'll turn to you, Karen.
Starting point is 00:20:31 Then they went into attack mode against the judge, starting with Trump, Stephen Miller, and ending with Carolyn Levet, and John Roberts got into the mix. So bring everybody up to speed there. Yeah. You know what? I got a great opportunity for you to do all that,
Starting point is 00:20:46 but let's take, all these guys say, when are you gonna take a breath and a break, Popok? Let's do this. Everybody tune back in for Karen to take over this part of the podcast. But first we got a great opportunity to slide in our sponsors who are so important.
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Starting point is 00:24:15 So it keeps your skin looking and acting younger for a longer period of time. And so for a limited time, you can try it with 15% off using code legal AF at one skin dot co co. There's no M at the end. That's 15% off one skin dot co with code legal AF. And after your purchase, they'll ask you where you heard about them. Please support our show and tell them that we sent you. Welcome back. As promised, Karen, take over. Tell us what they're doing next against Judge Boesberg. When this was heating up over the weekend
Starting point is 00:24:49 and I was watching this happen in real time, I was beyond shocked. I mean, to have a Saturday hearing, which is already an emergency, right? Courts don't usually sit on Saturdays. And you have a judge that literally says to the parties in court, if the planes haven't left,
Starting point is 00:25:08 I'm ordering them not to leave. If they have left, I'm ordering that they be turned around. That's clear, okay? That's absolutely clear. And of course, an oral order from a judge has the identical exact same effect as a written order of a judge. In fact, I can't imagine, I mean, most orders that I've seen
Starting point is 00:25:29 in criminal cases happen to be oral that judges give to judges or to defendants. And this isn't even criminal. So I find that a shocking statement and completely not in accordance with what the law actually is. So that's number one. Number two, the Plains, the New York Times, and other news sources have put together the timeline.
Starting point is 00:25:53 It does seem to suggest that there was an actual violation of the court order. But what was really galling is the president of El Salvador, who was, who is receiving these prisoners, right, that he's getting paid, I think something like $6 million to house these individuals. He tweeted Saturday night, quote, oopsie, too late. I mean, if that's not giving the middle finger to Judge Boesberg, I don't know what is.
Starting point is 00:26:28 I can't even believe that's where we are. Can I ask you something? Before you move on, did you also see the Bukele, the guy you're talking about, also encouraged Donald Trump in social media posts to impeach judges just like he did? So now we've got the dictator of El Salvador counseling Donald Trump about how
Starting point is 00:26:47 to run our American democracy. And making a mockery of our judiciary. Oopsie. I mean, oopsie too late. It's just outrageous. And of course Trump then starts calling Boasberg a radical left lunatic. And you've got people calling
Starting point is 00:27:05 for his impeachment. You've got Carolyn Leavitt saying things that are antithetical to what the law actually is, like, oh, it's an oral order. It's not written. You have people, I think, even lying about when the plane left and when it didn't. And then you've got Chief Justice Roberts, who had to come out and actually make a statement.
Starting point is 00:27:24 Again, doesn't happen very often, but he, and it's clearly, even though he didn't name Trump in response to this, said, quote, for more than two centuries, in this statement, he says, for more than two centuries, it's been established that impeachment is not an appropriate response to a disagreement concerning a judicial decision.
Starting point is 00:27:40 The normal appellate review process exists for that purpose. And it's just unbelievable. But then you've also got Trump's borders are, Tom Homan saying, well, we're not stopping. I don't care what judges think. I don't care what the left thinks, we're coming. And so it's just set up this thing where they're goading the courts
Starting point is 00:27:58 and they're pushing this to the limits. And Adam Kinzinger said today about this on the big picture, recognize that this is not a battle of beliefs. This is not a battle of you want this tax rate, I want this tax rate, even the differences on gun policy, abortion, anything like that.
Starting point is 00:28:13 This is simply of a battle of do you believe in democracy or don't you? And I think that sums it up perfectly, because that's what's going on here, is really a fight for the rule of law. As you said, Popak, earlier, this isn't about, do you care about these individuals? And even if they are the worst of the worst,
Starting point is 00:28:30 and even if they are what Trump says they are, this is about due process. This is about rights. This is about democracy and the rule of law. And maybe we don't want to live in a democracy anymore. Maybe we want to live in a dictatorship or an autocracy, because that's essentially what they are setting up here and what's happening. And the fact that Chief Justice Roberts had to come out and essentially get, it was like a warning shot
Starting point is 00:28:53 to the Trump administration. And I think they are chastened by the fact that they gave him all of this power. Have you ever seen, you and I are peers, have you ever seen or have studied in the past when we were constitutional scholars in law school, have you ever seen a United States Chief Justice of the Supreme Court outside the context of a case, an oral argument or an opinion or, you know, one of those speeches they do on their summer vacations. Have you ever seen them in real time take on the head
Starting point is 00:29:23 of the other branch of government, the President of the United States? Never. I mean, other than that, look, Chief Justice Roberts gives an end of year report. And this year in particular, it seemed quite poignant to events that are happening in real time and was a little bit of a warning to people. Look, democracy is fragile and threats to judges. You shouldn't do that.
Starting point is 00:29:47 And the judiciary depends on people essentially following their orders because they don't have inherent authority, things like that. Clearly they are responding to what they see and what we see. And given that this is not a left leaning Supreme Court, this is a heavily weightedleaning Supreme Court, this is a heavily weighted right-leaning Supreme Court, the fact that they feel the need to come out and essentially rein in their dogs
Starting point is 00:30:13 really says something about where we are. Bowsburg is the... I agree with you. Bowsburg is the worst person for Donald Trump to have picked the fight with. And then send a mafioso-style message to Leavitt, in which she then doubles down. I mean, this is all coordinated. Nothing is done by accident, especially with the Trump administration. They've got their rapid response team. It's a real thing inside the White House. I mean, other presidents do too, but they're there. They got their paid influencers. they got their MAGA legislators, they got Caroline LeVette,
Starting point is 00:30:45 they got Elon Musk, they got Stephen Miller, and they all immediately launch an attack. And then Donald Trump can go on Fox News and say, it's not just me calling for impeachment of Boasberg. Look at all these other voices, all the other voices that are paid for by the White House a payroll. So, you know, he creates his own ecosystem, and then he comments on its existence. And we're left as media, you know, as independent media, to call bullshit. And so, when Donald Trump, instead of apologizing,
Starting point is 00:31:20 he goes on, he goes on Ingraham on Fox and says, well, you know, ask me the question about Roberts. So Justice, Chief Justice Roberts issued a statement in which he said in 200 years of precedent, though you shouldn't be calling for impeachment, you should be appealing. Well, he didn't mention me. Was my name in there?
Starting point is 00:31:42 I don't think it was in there. It was really quick. I didn't really see it. So that's his tap dancing, which is ridiculous, stammering, humna humna humna. And then rather than try to kind of dial it down and not have this fight in public with the Chief Justice, who he needs, and it's been a bad two weeks with him and the Chief Justice, they should go to family counseling. Between the thing at the joint speech, the joint session speech, the little stomach pat, love you, you know, never forget you. And he's like, what?
Starting point is 00:32:14 And this, they're not doing well. So rather than dial it back, he fires back through his press secretary to attack the guy that Roberts just said don't attack effectively, along with the rest of the federal judiciary. So it's like the, I'm coming for you. It's like the fish wrapped in newspaper, you know, in Godfather, you know, like Carolyn Leavitt.
Starting point is 00:32:39 And so I don't understand the strategy here, and strategy's doing a heavy lift in that sentence. You need Kavanaugh, and Boasberg was Kavanaugh's roommate in law school. You need Roberts. And Roberts loves Boasberg and has appointed him to a number of different things. Nobody but Carolyn Leavitt and the Trump administration thinks that he's a radical lefty lunatic and corrupt,
Starting point is 00:33:03 or that would have the balls to call him that out loud. He is a moderate Democrat who, by bipartisan selection, by two presidents, one Republican and one Democrat, ended up advancing his judicial career. Okay, he is the most center of... You think Joe Biden was center? This guy is right down the middle. You may not like the fact that he's a Democrat at all,
Starting point is 00:33:26 or that he made some sort of donation, but he is a moderate. You want that. He hasn't always sided against Donald Trump. They just don't like him because they don't trust him, because he was involved with the grand juries that indicted Donald Trump. He made some rulings about Vice President Pence
Starting point is 00:33:41 testifying against Donald Trump the first time around. And so they use this bird whistle, this dog whistle to activate the MAGA base. And now I'm sure Boasberg is gonna have to redouble his Marshall protective service. I'm sure his family is getting attacked online. I don't even wanna give it any oxygen. But I don't understand the end game.
Starting point is 00:34:03 You need Amy Coney Barrett who as you can see is physically moving away from the president let alone from a jurisprudential standpoint. You need Roberts. I think he just created Donald Trump more opportunities for Roberts and Amy Coney Barrett to join the Democratic wing of the Supreme Court and pin back and pin down Donald Trump more than even before. I think this will backfire spectacularly. You and I will follow it, we'll follow it on all things Supreme Court as well.
Starting point is 00:34:33 But again, I'm gonna end this segment with what I started with with a question to you, Karen. If he needs the votes, why is he picking the fight with Roberts and why is he doubling down on it? You know, it's a it's a great question. And I think because he really does think he is above the law. I think at the end of the day, he thinks he will win. I really do believe that. I mean, do you have a different? No, no, I, no, I, it's just, it's just the definition of insanity.
Starting point is 00:35:05 He can't win. This is a fight he cannot win. And all he'll do is push votes away from him on the United States Supreme Court. You know, they can't be happy with what they're watching. And, and I think it will galvanize the court. This is my, my prediction. I think it will get, it will send Alito Thomas
Starting point is 00:35:24 and Gorsuch more alt-right to try to protect this guy. And my prediction, I think it will send Alito Thomas and Gorsuch more alt-right to try to protect this guy. But I think it's gonna peel away Amy Coney Barrett and Roberts where it matters. He got, I think he might've got the one big gift from Roberts he's ever gonna get, which is the immunity decision, which is huge. But he's been so overplaying it
Starting point is 00:35:46 and so hitting it so hard that he's leaving Roberts with no choice but to publicly rebuke him and not side with him on some of these major issues. That's my theory. Yeah. I'm sure you're right. So let's, let's move on to, since I think we've exhausted that topic. Let's talk about things like San Francisco judge, senior judge Alsop. He, there are two judges, Karen, if you remember, one Brett Bredar in Maryland and the other Alsop in San Francisco, who almost simultaneously issued overlapping injunctions
Starting point is 00:36:21 to restore probationary employees in the government, tens of thousands of them, restore them back to their positions, finding that it was unconstitutional in the case of Al-Sop or a violation of statutory law about how you reduce your forces. They got to the same place, which was rehire the 24,000 employees or more. So Alsop did something quite unusual. I've never seen it. And I've been doing federal practice for 35 years. He started to issue a series of requests for information,
Starting point is 00:36:56 RIFs, RIFs, no, RFIs, to the Trump administration after seeing media reports about how his injunction was or was not being complied with. They needed to rehire those people by Monday. And the reporting was that the rehiring was on, was just putting them on paid administrative leave, but not putting them back into the government. So have you ever seen a judge state or federal issue
Starting point is 00:37:23 requests for information to the other side as a pre as a as a fact-finding method? I mean, I didn't know that was a thing. I was actually going to ask you about it. So it's sort of interesting. Yeah. So so take it from there. Yeah. Yeah. I'll stop talking about Al Sop's concern. And where do you think it goes from there on this probationary rehiring? And I don't know, hopefully you've seen the Trump response to him to these requests for information and what I think is gonna happen next,
Starting point is 00:37:54 at least about the Department of Defense. Yeah, I mean, look, this was a San Francisco judge who essentially is calling the Department of Justice and the Trump administration liars, right? Because they said they fired these probationary employees because of, quote, performance issues. is calling the Department of Justice and the Trump administration liars, right? Because they said they fired these probationary employees because of quote, performance issues. And this judge isn't buying it.
Starting point is 00:38:12 And he said he is ordering and issuing the immediate reinstatement. And that's, you know, what's going on here. This is again, another example of judges ordering people to do something in the administration. He said, and they said, well, no, we don't have to do that because these are probationary employers and employees, sorry, and they're just on paid administrative leave. They're getting paid.
Starting point is 00:38:37 He said, that doesn't matter. This isn't just about the money. This is making sure that services are being delivered to the American people. And so he issued and ordered this immediate reinstatement of, I think it was six or seven agencies that these were probationary employees. They called it a sham that they were trying to say that this was for cause. Because, you know, look, anyone who has a performance issue can be fired at any time. But so just calling it a performance issue when it was a form letter, which is essentially what they did here, he called them out on it.
Starting point is 00:39:10 He said, no, this is not a, this was not substantive. This was not a performance issue. So this involved the Veterans Administration, Agriculture, the Department of Defense, Energy, Interior, and Treasury. And he basically said said the American people get to have the services of these employees who have been trained. We spent lots of money on training them to provide services. Yeah, they're probationary because they've only been there one
Starting point is 00:39:34 or two years, but they're still essential employees. Some of these agencies, by the way, were woefully understaffed, and they're just starting to get staffed up. And they did this in the middle of all of that. So he left open the possibility that this could apply to other agencies. And he essentially called them out for lying. And some of my favorite quotes were, you know, the court finds that the Office of Professional Management did direct all agencies to terminate probationary employees
Starting point is 00:40:05 with the exception of mission critical employees, he said, rejecting the argument and said guidance to, he said that they merely issued guidance. That's what they tried to say and he rejected that. And he basically was very highly critical of them and said, you're just doing this to try to get around the law and fire these people illegally essentially. And you know, like the White House, you know,
Starting point is 00:40:33 of course freaked out and got upset and called the ruling absurd and unconstitutional. And once again, now remember, this is what they do. They have talking points that they all use over and over and over and over again. It's like a way of getting it into people's vocabulary and just average normal people who hear it so many times, they just start repeating it.
Starting point is 00:40:54 So again, a single judge attempting to unconstitutionally seize the power of hiring and firing from the executive branch. The president has the authority to exercise the power of the entire executive branch. A singular district judge cannot abuse the power of the entire judiciary to thwart the president's agenda. This is what Caroline Levitt said.
Starting point is 00:41:14 You know, again, if a federal district judge would like to have executive powers, they can try to run for president themselves. That was her statement. I mean, you know, it's just unbelievable because prior to this, right, they were singing a different song when Biden was president. Remember when we were upset that judges like the Judge Cosmeric in Texas, who was a single judge who did a nationwide ban on mythoprestone, right,
Starting point is 00:41:39 like the abortion pill, we were upset about that. But yes, that is what can be done. And the MAGA loved it. They picked that judge on purpose and essentially spoon fed him the ability to do this by giving him the tools and the law to do this because he's a zealot who believes in pro life. And they use this to their advantage when they want
Starting point is 00:42:04 and then they are outraged and call outrage when it's not what they want. So it's just the typical playbook of MAGA. There were some other good quotes that I liked from this decision, like things like, "'I tend to doubt that you were telling me the truth.'" And, you know, and he said things like,
Starting point is 00:42:22 and really this came down to an order, he ordered the acting director of the Office of Personnel Management, Charles Azell, to testify at a hearing tomorrow, actually. But the Department of Justice refused to make him available and instead withdrew the declaration that they put in on, that he wrote a declaration and they filed it and he said, okay Come I want you to come to court and talk to me and tell me you know in his declaration He said that he did not quote direct the agencies to terminate the employees and they said okay fine
Starting point is 00:42:56 Then then come testify and they withdrew the declaration so that he wouldn't have to testify and the judge said you're afraid You're afraid to testify because you know on cross-examination to testify and the judge said, you're afraid. You're afraid to testify because you know on cross-examination that will reveal the truth. And I tend to doubt that you're telling me the truth and you're not helping me get to the truth. I mean, I read things like that and I'm like, if a judge ever said that to me, I would go home and start
Starting point is 00:43:17 to think about a new career. I mean, you have to tell the truth in court. You have to be honest. You have to have, you have to have, your credibility matters Obviously, so I don't know that's where we are. That's where we are with that Yeah, now we had those requests for information in which they the judge said now It looks like you're violating my injunction because you're hiring them back and you're not putting them back to work for the American people
Starting point is 00:43:41 You just give it them salaries and And they fired back with their own response, which actually was undermining, I think, of their whole position, which is, Judge, we're under another injunction, just like this one in Maryland, and we've rehired 25,000 people. But as you can see from some of these declarations, from some, but not all of the agencies that you've joined,
Starting point is 00:44:01 that, you know, it takes a minute to get new badges issued and emails reestablished. And I'm like, are you effing kidding me? And the judge saw through that. And he did a supplemental request for information and said, I don't see anything about the Department of Defense, which is the largest agency that I've enjoyed. And they're not part of the Maryland case. So why don't you supplement and tell me what you've done with the Department of Defense instead of giving me this song. This is my version. This song and dance about it's just temporary. They're just dragging their feet because they're hoping some sort of appellate court is going to
Starting point is 00:44:35 reverse them and they're not going to have to put these people back really back into the government. And the judge said that's the point. It's not about their paychecks. Yes, it's about their paychecks, but it's about providing government services to the American people. And that's the point. It's not about their paychecks. Yes, it's about their paychecks, but it's about providing government services to the American people. And that's why you're supposed to put them back behind their desks. So we got this rolling out. This is the beginning baby steps of potential contempt,
Starting point is 00:44:56 contempt decision by, by Alsop, if he finds that they violated his federal orders. And we're waiting for the, we're waiting for the response and'll do some follow-ups and hot takes and all of that. I think the next move is going to be, Trump's going to put his own acting people in as head of each of these agencies, who are then just going to fire the people instead of OPM, and just say, no, it was my decision.
Starting point is 00:45:18 Doesn't that get around all of this? I mean, you know... No, it still can't be arbitrary and capricious, and it still has to be based on something. And if you believe Bredar, the know. No, it still can't be arbitrary and capricious and it still has to be based on something. And if you believe Bredar, the judge in Maryland, and I do, even if you're gonna do that, you gotta follow reduction and force statutory rules because you're gonna dump tens of thousands of people
Starting point is 00:45:36 onto the unemployment lines of states and they're not ready for you. So there's different ways to sort of get around this issue. But I mean, ultimately these people are, plus let's think about the human dimension for a minute. Who wants to go back to the Trump administration at this point? I mean, to rehire suggests that people want their jobs back. But if you're unemployed and you're not,
Starting point is 00:45:57 this was your life career, you've been working for the government for a year, it may be hard for you to find new jobs. You mean Donald Trump's economy is not making new jobs the way the Biden economy did. So up to the private workforce, which they never talk about in the Trump administration, it's we're firing all of these who? Americans, voters, paycheck holders, consumers, people that help drive the economy.
Starting point is 00:46:20 Great. What's your plan? Is it, this is the same lack of thought or lack of consequence analysis that is endemic of all of their decision making. More babies, wait, wait, more babies, less abortions. Great. What are your social services in place for people on unwanted pregnancies, for adoption, for healthcare, for insurance, for food and care and education for these unwanted babies. What is your plan? They never have a plan. Yeah. And just punctuating your point about Trump's economy, they're tanking the stock
Starting point is 00:46:57 market and driving us into a recession. 1000%. The Federal Reserve came out today and said, what we've all been seeing seeing which is they expect inflation to go up a Number of ticks they expect the job market to contract and that's what everybody and Donald Trump wondered and he celebrates You know, this is talk about fiddling. Well, well While Rome burns he he celebrates his 40% approval rating because it's the highest lowest approval rating he's ever had, whoa! The highest lowest approval rating. I mean, 60% of America wants to run them out on a rail,
Starting point is 00:47:33 right, and he celebrates that it's his highest 40%, I'm like, even Biden got 47% at this time in his administration, and I mean, it's just mind-boggling. We're gonna cover what I think, I didn't wanna bury the lead, but I think is one of the most important cases and decisions that's come out, which is Judge Reyes' scathing attack
Starting point is 00:47:56 and rebuke of Pete Hegseth and Donald Trump about just average Americans who wanna serve their country at the highest level and willing to make about just average Americans who want to serve their country at the highest level and willing to make the ultimate sacrifice in our military who happen to also be transgender. And they're getting drummed out of the service except Judge Reyes is not going to allow it. And just to watch, as she said,
Starting point is 00:48:21 to watch this cruel irony of those that want to protect our freedoms, our rights, our constitution, having their own constitutional rights and freedoms taken away from them, when all they want to do is serve our country. They were fine to serve our country under Obama. They were fine to serve our country under Biden. Every person in the military operational standpoint says there is no difference between transgender soldiers and other soldiers from the binary sexes. And yet it took Judge Reyes and her critique and her rebuke to finally put a stop to it with a caveat.
Starting point is 00:48:58 We'll talk about that and Judge Cheng in Maryland and what he's done about US aid as the federal judges fight back here on Legal AF. But first, another word from our sponsors. I'm always on the lookout for ways to strengthen immunity and gut health, improve my fitness and metabolism, and enhance my skin and hair radiance. Well, I recently discovered Armra colostrum.
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Starting point is 00:53:07 Enhance your everyday with Viya. OK, welcome back. Carol, why don't you kick off Judge Reyes and what you took away from her decision, which blocks the ban on transgender soldiers with a stay in there to give Donald Trump time to go run off to take his inevitable appeal. But what was your takeaway from her writing,
Starting point is 00:53:30 which was powerful, very powerful? Yeah, it was very powerful. And what was really incredible about this is essentially, the Trump administration is leaning into what they are doing, and they're not trying to hide it. They're not trying to dress it up in any way. They're coming out and saying, calling transgender individuals
Starting point is 00:53:56 as essentially mentally ill and unfit for the military. Period. Full stop. They aren't hiding behind it. They aren't trying to say anything about differences in gender, nothing like that. And the judge basically called out the Trump administration and said that their military ban is, quote, soaked in animus. And it was so powerfully written, this decision
Starting point is 00:54:24 with a preliminary injunction that she issued that attempts to ban trans people from the military. And some of her, I'm just going to quote from it because what she said is so much more powerful than anything I could paraphrase. So, quote, defendants must show that the discriminatory military ban is in some way substantially related to the achievement of the government's stated objectives,
Starting point is 00:54:48 and they must do so without relying on overbroad generalizations about the different talents, capacities, or preferences of males and females. Unconstitutionally, well, she then says the military ban is soaked in animus and dripping with pretext. Its language is unabashedly demeaning. Its policy stigmatizes trans people as inherently unfit, and its conclusions bear no relation to fact. And, you know, the executive order that is in question here
Starting point is 00:55:21 and that they were litigating about, and this is through an executive order, one of one of Trump's favorite new ways of issuing his theatrical edicts. This one was called Prioritizing Military Readiness and Excellence. And it says consistent with the military mission and longstanding Department of Defense policy, expressing a false quote, gender identity divergent from an individual's sex cannot satisfy the rigorous standards necessary for military service.
Starting point is 00:55:48 Beyond the hormonal and surgical medical interventions involved, adoption of gender identity inconsistent with an individual's sex conflicts with a soldier's commitment to an honorable, truthful, and disciplined lifestyle even in one's personal life. A man's assertion that he's a woman and his requirement that others honor that falsehood is not consistent with the humility and selflessness required of a service member.
Starting point is 00:56:12 So it's just kind of awful, and the policy continues. There's a policy section that declares, individuals with gender dysphoria have too many medical, surgical, and mental health constraints to meet the high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity. So, I mean, you know, it's just kind of outrageous
Starting point is 00:56:33 and I can't even believe that this is something that our government is putting in place. But, you know, I think her words are very powerful and poignant and this will go into effect at the end of the week if they don't appeal. She did a, they're going to appeal, but the question is, are they going to get a stay from the DC Circuit Court, which I don't think they're going to get.
Starting point is 00:56:57 But look, at the end of the day, she did an amazing job, as she did in the hearing, dismantling all of their justification and showing that it was just a pretext for hatred against transgender people. She let off with a quote from a very well-known treatise looking at how the military over time has always found a way to be prejudiced against a certain group of people claiming that it would undermine military readiness. That's the stock excuse for prejudice. And she literally said, it's just fill in the blank.
Starting point is 00:57:38 Fill in the blank will undermine our readiness, our lethality, our ability of cohesion. Used to be women in the military, then it was gays in the military, now it's transgender in the military, transgender people in the military. And at the end of the day, the question is, well, how is it okay under the Obama administration, she then goes through a whole thing, transgender people are allowed
Starting point is 00:57:58 to serve, Obama. Transgender people are not allowed to serve, Trump won. Transgender people are allowed to serve, Biden. Transgender are not allowed to serve. Trump won. Transgender people are allowed to serve. Bye. Transgender are not allowed to serve. Trump too. What changed? Besides the fact that it's Trump. And then the plaintiff's lawyers did a great job of putting together evidence as opposed to this six days into office Donald Trump signing another order and 30 days into his position, Hank Seth joining in it. They submitted real evidence. See, judges are like real evidence, like other retired
Starting point is 00:58:30 or members of the military responsible for military readiness saying that these people, these transgender Americans are just as capable as anybody else and do nothing to undermine readiness, to which Donald Trump responded, I don't like them. I mean, that's basically what the judge said. You know, and you not liking them is the very reason that no, none of your policy can be justified.
Starting point is 00:58:55 And it is a violation of the Fifth Amendment, their due process rights, and it's a violation of their equal protection rights. And then she went through the fact that the government hasn't even tried to properly defend their position at all. And reminded, you know, she's not immune to all of this echo chamber of the Trump rapid response team about one single judge in one single district. And she says, you know what, one single judge, one single district, that's what James Madison said
Starting point is 00:59:27 in his, in the Federalist Papers, when he said, effectively, judges are here in order to keep presidents in line and vice versa. That's the checks and balance. Whenever you hear Carolyn Labbitt talk about separation of powers, you know what you never hear the Trump side of the equation talk about?
Starting point is 00:59:47 Checks and balance, and how you check an out-of-control president, because they don't want that. They think because he's making a commander-in-chief decision that the judges should just get out of the way and give him a wide berth, and that's not how deference works, especially when it's unsupported by anything. She said during her hearing with the DOJ, I felt slightly bad for the DOJ lawyer, but not really,
Starting point is 01:00:11 who was not prepared at all, intentionally not prepared to debate with the judge. And the judge was saying, do you know how much money is spent by the military on gender dysphoria? No, okay, I'll tell you. It's $5 million over the last 10 years. He said, okay. She says, do you know how much money is spent every year on Viagra? Every year on Viagra?
Starting point is 01:00:37 He said, no, she had $41 million per year. Doesn't seem like this gender dysphoria thing is a problem, does it? I mean, given it's a rounding error, as she referred to it in her order in the national budget. And you have no facts to support it. Then she went through all of the hateful things that Pete Hegseth has said, both in the order that you mentioned, Karen,
Starting point is 01:01:00 and just in general in his books, in his state, that they are dishonest people, that they are liars, that they can't be trusted. She said, she read off all these things. She said to the lawyer for the Department of Justice, would you agree with me that those things are hurtful and demeaning? I really don't have an opinion about that, Your Honor. And if I read to you with these other things
Starting point is 01:01:19 that have been said in conjunction with the policy, you would have the same position? That's true. And is there any study that you can point to that you brought into this courtroom or in the record of this case that supports Hegseth saying that they are dishonest, disloyal,
Starting point is 01:01:34 can't be trusted, have increased suicide risk or anything else? Is there any study that you can point to? Not that I know of, Your Honor. So she said to him in the opinion, they basically have conceded that there is no evidential support for anything they have done to try to remove these transgender people who are represented by six different people, representing 130 years of faithful service to America, who have commendations up and down
Starting point is 01:02:08 a faithful service to America, who have commendations up and down their service record, who one of them is currently serving in a war zone as a transgender American. And she said this is, as you said before, this is dripping in animus as pretext. And it is obviously, and the reason she's saying that is there's a series of Supreme Court decisions that say, even if you had some sort of legitimate justification for it, the fact that the fundamental basis for your going after this group is because of your prejudice and for political purposes, we are not going to uphold that and we're going to rip down that policy by its very nature. It does not deserve to be justified or to be supported. It's going to go now in the next few days up to the DC Circuit Court, the court of the appellate court, and it will get a random three judge panel.
Starting point is 01:02:57 You and I will know more once we see who the three judges are, but they're going to back Reyes. And then it's going to go up to the United States Supreme Court who has an odd relationship with transgender Americans and not always favorable. But in terms of this policy and drumming them out of the core, what do you think the Supreme Court does? Let's leave it on that, Karen.
Starting point is 01:03:21 It's a good question because, you know, there's a case that was cited in this, called Bostock v. Clayton, which was a six to three decision by Justice Gorsuch that basically says that sex discrimination ban in Title VII of the Civil Rights Act of 1964 includes bans on discrimination on the basis of sexual orientation and gender identity. And so it'll be interesting to see, that was a military ban essentially.
Starting point is 01:03:51 And so it'll be very interesting. It'll be interesting to see if this military ban excludes from service transgender women and men, or if they're going to narrow it and say, no Gorsuch meant that only applies to Title VII of the Civil Rights Act, not to the military. Well, let me open up that for a minute. Yeah.
Starting point is 01:04:11 Roberts, in the decisions about diversity, equity, and inclusion, and affirmative action in higher education, when they tried to try to apply that to the military, about when the Trumpers and Stephen Miller and the rest and Bannon were trying to argue that the the military about when the Trumpers and Stephen Miller and the rest and Bannon were trying to argue that the military shouldn't be using DEI for some of its hires, it shouldn't be promoting people, you know, in a way to balance, you know, historic discrimination against black and brown people in the military, which we've seen forever since there were separated, segregated troops going back to World War I and World War II. It really hasn't changed much,
Starting point is 01:04:48 unfortunately, despite the fact that we just had a chairman of the Joint Chiefs who was black, who was fired by Donald Trump there. Because it was the troops and it was our military, Roberts wrote in his opinion that that type of thing, a Spreed of Core and having a balanced military, that's different. And he put a ring fence around it and said, they could basically use affirmative action there. The question is, how is that gonna play out, that kind of ruling with Hegseth,
Starting point is 01:05:20 30 days on the job going, I don't like transgender people. Whereas every other, every, literally every other administration has said it does nothing to undermine readiness and lethality, as they like to say. So now it's going to be landing right in the lap of Roberts, coming off of a couple of bruising interactions with Donald Trump, you know. This is bad timing for Donald Trump.
Starting point is 01:05:43 I think, I think there's going to be enough enough votes and maybe led by Amy Coney Barrett to Continue to block the ban all the way through the Supreme Court gonna be a busy spring and summer at the Supreme Court Don't you think Karen? Yeah, these are yes, of course, but these are individuals who are truly heroes These are people who have we don't have a draft in this country, thank God. These are people who have signed up to put themselves in the line of fire to save our democracy. These are the people we should salute. These are the people who, thank God for them, because they protect us.
Starting point is 01:06:16 And the fact that we're having this discussion, you know, this is kind of the opposite of what we were talking about earlier with the Venezuelan gang members, you know, bad facts make bad law. These are heroes. So, you know, there's no way I think when you look at who these individuals are, how amazing they are,
Starting point is 01:06:33 how decorated they are, and what a great job they do. And thank God for them that there are people that are willing to sign up and give their life to protect my rights and our rights and everybody's rights. I think we celebrate them and not treat them like somehow, you know, whatever. So I think the Supreme Court, I think this one has a shot. And also think of the pressure they are under.
Starting point is 01:06:57 They join a military that doesn't want them, that every other administration tries to get rid of them. And yet they want to be career soldiers and serve this country and are willing to put up their life, the ultimate sacrifice to do it and Pete Hex's response is, well, where's address? Can't be trusted. I'm like, sorry. So we're going to continue to follow that. Let's round it out with Judge Chung. I like what he's been doing in Maryland, where a number of these cases against the Trump administration have been filed. And we've got a new order coming out in which he wants to restore funding for USAID, which
Starting point is 01:07:38 had used to be a very good bipartisan way for America to spread diplomacy and democracy around the world, which was to help disadvantaged people, black and brown primarily, and in war zones to stop them from going into the arms and the willing embrace of the Chinese and the Russians. But to Donald Trump, it's just a number on a ledger, not a person. And so Judge Chung has had enough too, and he's made his ruling.
Starting point is 01:08:07 What'd you make of the Chung ruling about turning on the payment systems and trying to get the band back together again if dismissed USAID personnel? I mean, again, this was one that was sort of, I think it's one of these like it's good for now, but what's it going to be ultimately, right? Because this goes back to again, what's going to happen
Starting point is 01:08:30 when the acting head of USAID dismantles it, you know? And I think this is going to be one of those orders that we will see, but for now it's a good one, right? This is essentially this judge said that it's a good one, right? This is essentially, essentially this judge said that it's clear that Doge is trying to dismantle USAID and erase the agency and that violated the Constitution in multiple ways, right? That essentially the appointments clause that we've talked about before that you have to, you have to be appointed
Starting point is 01:09:02 by the President and then confirmed by the Senate. And clearly he ruled that Elon Musk is the head of Doge, which we all know, which they say out loud and lie to courts about, but it's clear. Every court keeps saying it's clear that he is the head of Doge and you can't just shut it down. And he ordered them to turn the lights back on, turn the systems back on, even for the employees that are on administrative leave,
Starting point is 01:09:25 turn their access back on to computers and access. And that Doge can't have any other involvement in further staff reductions or contract cancellations. So he issued an injunction and a long opinion that basically says that this was unconstitutional for, because of the, like I said, the appointments clause and, you know, go back and turn it back on. But you know, again, I wonder what's going to happen when they figure out how to make
Starting point is 01:09:56 it so that Elon Musk and Doge is one step away and the acting head of USAID instead says, oh no, this is all my idea. And we're closing it down because we don't need this anymore. I mean, you know, that'll be a different fight. So these are temporary wins, I think, and good wins to have, but let's see how long lasting they are and what damage the Trump administration will ultimately do because they are willing to lie and mislead courts
Starting point is 01:10:27 and the American people. So- You see the press secretary today. She says these outlandish numbers that sound, I guess they're great sound bites. 67% of all injunctions of this century have been against the Trump administration. Okay, that's because 67% of the crazy
Starting point is 01:10:42 is coming out of the Trump administration as he continues to try to violate all separations of power all respect for co-equal branches of government and tries to And grand eyes power for himself in the imperial president And he and what and what is a nation to do but to challenge these? Attempts at usurpation of the people's power? He works for us, remember?
Starting point is 01:11:09 And bring it into a federal judge for evaluation up against the United States Constitution and the rules issued by Congress. That's what federal judges are supposed to do. That is the friction between the moving plates of the three co-equal branches of government that Louis Brandeis wrote about in the 1920s. That's the good thing. That's called checks and balance. You don't want a free spinning plate of just power mad president. So that's not a reflection of
Starting point is 01:11:37 anything other than Donald Trump, as we've said over and over again, trying to push the envelope. Forget the envelope. throw away the envelope. He's outside the box, there is no box. That's the problem. So the injunction statistics don't mean shit to me. Don't, you know, don't, don't, you don't want the injunctions that don't violate the Constitution by way of executive order or defiance of federal judge orders. Plain and simple. It's so true. It's like, oh, there's been so many, like he was saying about this before,
Starting point is 01:12:11 there's so many court cases when he was prosecuted. Yeah, it's because you commit so many crimes. Don't commit crimes. I'm committing crimes. Yeah. Right, to paraphrase the great philosopher, Beretta. Yeah. See, I'm not really dating myself.
Starting point is 01:12:22 Robert Blake, don't do the time if you can't,'t commit the crime if you don't want to do the time That's it Beretta and it wasn't either one who had that cockatoo. Yes. Thank you We're gonna end on the Robert Blake cockatoo moment Yeah, and and salty our producer is thinking what are these boomers talking about? He wrote in a chain no. I'll send you a video. He was a detective who lived by himself with a bird. Yeah, you know, it was like, it was like Telly Savalas and Kojak. Without with hair and he had a bird. All right, in any event,
Starting point is 01:13:03 we've reached the end of another episode of legal AF And I'll just just state the obvious everything that you and I just talked about happened in the last 48 hours That's what's so crazy. Yeah Isn't it? I just can't believe all these things that are happening and it's just unbelievable I don't know. Is that a strategy of theirs to just yes push as hard as you can Yes, knowing that they're not to get for 60% of it, but they'll get 40%. And so that's a win. What's the only good the 40% they wouldn't get it.
Starting point is 01:13:32 I call it the shots on goal approach to to government, they're just going to fire the ball or the puck hundreds at them at a time, something's going to get through. You know, if they, if they shoot a hundred pucks at the goal, you know, and 20 get through, it was 20 more than they had before. Right. So they're pressuring and firehosing our federal judiciary, which he did in a, in a, in a smaller version. But the tryout for this, the game plan for this was when he was a criminal
Starting point is 01:14:03 defendant, and this is exactly what happens when he was a criminal defendant. Yeah. And this is exactly what happens when you send a felon to the White House. This is what you're gonna get. And he's surrounded by his former criminal defense lawyers who now run the Department of Justice. What did people think? And for those out there that are going,
Starting point is 01:14:20 who out there, you can put it in comments tonight, who out there is thinking, this is exactly what I wanted? This is going great. The economy, the social services cuts, the end of jobs and paychecks as we know them, the impact on the economy, the shrinking of jobs, this, you know, the constitutional crisis after constitutional crisis, this is what I voted for.
Starting point is 01:14:46 Who is actually saying that? That's what I'd like to know. They might think it's entertaining. Oh, it's fun. Look what he's doing with these guys, these 200 Venezuelans and their shackles. Is that what our, is that what the, is that the country you wanted to wake up in? Is that our democracy? Is that who you, when you think of yourself as a patriot, and as an American citizen? Is this the America that you that you think of that you dream about? It's rhetorical. But I wanted to say it that way. We got a great show here tonight. We got a great show on Saturday, I'm sure because there'll be a lot more
Starting point is 01:15:20 updates to do with Ben, myself, and me on the Saturday version of Legal AF. Catch all of us doing hot takes right here on Legal AF on Midas Touch Network, of course. And we got that channel. It's not new anymore. Six months old and growing over 500,000 subscribers. Legal AF, the YouTube channel.
Starting point is 01:15:39 I curate the channel. We got some amazing contributors over there. And adding more almost by the day. We're doing now seven to eight videos a day at the intersection of law and politics because we have to. So join us, hit the subscribe button, continue to grow that pro democracy channel. And remember our sponsors are important. They're part of the lifeblood here. You know, the audience is the gas. But in the engine of this of this independent organization, the sponsors are the oil and you got to put them together in the right combination. And I think we do. And hats off to Jordy from the
Starting point is 01:16:11 Brothers who helps curate our sponsors that we have here today. So until our next Legal AF with Karen and me next Wednesday and Saturday with Ben Misalas and me signing off to the LegalAEffers and shout out to the Midas Mighty.

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