Legal AF by MeidasTouch - SCOTUS Sends Secret Message to Stop Trump Order
Episode Date: June 27, 2025Did Justice Sotomayor just outfox the Trump DOJ by sending out an “invitation” to a Massachusetts federal judge to find a way to circumvent a recent Supreme Court ruling to make sure that deportee...s obtain due process before being sent to countries like South Sudan or Libya? Michael Popok takes a close look at Sotomayor’s dissent, the next steps taken by Judge Murphy to tell the Trump Administration that the Court’s ruling doesn’t stop his other “remedial” orders, and Trump’s DOJ rushing to the Court and asking for a “clarification” because the Judge is being mean and “defiant.” For their buy 1 get 1 50% off deal, head to https://3DayBlinds.com/LEGALAF Subscribe: @LegalAFMTN Visit https://meidasplus.com for more! 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
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Did Justice Sotomayor of the Supreme Court just out maneuver and outfox the Department
of Justice and Donald Trump?
I think she did.
There is a new fight that's brewing between the Department of Justice and Judge Murphy in Massachusetts
because a Supreme Court decision that just came down two or three days ago,
in which the Supreme Court said in the DVD case that they were going to block Judge Murphy's injunction,
that he entered back in April, April the 18th, to stop the Trump administration from deporting people
without due process, without proper notice, to third countries like South
Sudan and Libya until he had an opportunity to determine whether their
due process rights have been violated or not. That was the injunction. The Trump
administration takes an emergency appeal. The Supreme Court's 6-3 majority blocks that injunction,
but not on another order, a remedial order
that was issued on the 21st of May,
which now Judge Murphy says is still binding,
despite the Supreme Court's ruling.
And that was an invitation from Justice Sotomayor
in her dissent.
I'm gonna explain it all right here
on the Midas Touch Network and on Legal AF
on Michael Popak.
Okay, a couple of days ago,
we reported that the Supreme Court,
six to three MAGA majority turned due process upside down
and had blocked the injunction for Judge Murphy.
He had issued an injunction and there were about eight people that were being held at the
Djibouti in South Sudan or a Djibouti Air Force base for the United States subject to his jurisdiction.
The judge found that his orders had been violated, his
injunction had been violated because people were sent to third-party
countries, third countries, without proper notice despite his injunction. He then
issued a remedial order on the 21st of May in which he raised the specter of
contempt. He said the Trump administration may also be in contempt.
Then the Trump administration appeals just the injunction on the 18th, but doesn't address
the May 21 remedial order about the court's power. Supreme Court rules, and in her dissent, which we covered, Justice Sotomayor says point blank,
the remedial orders of Judge Murphy or the lower court
have not been appealed and are not before this court.
Okay, nobody said anything about it.
She circulated her dissent before the one paragraph
came out on the emergency application, six to three majority.
That was obviously an invitation to Judge Murphy
because on Monday, a couple of days after that ruling,
he pulled everybody together and said,
you know what's still binding?
My May 21 remedial order,
meaning you are not to deport any more people
over due process because it's subject to my order
while I get a handle on whether this administration
is in contempt.
The Trump administration hates that.
And so basically in the same 24 hour period
that they first sue every judge in Maryland,
every federal judge in Maryland
is now on the receiving end of a Trump lawsuit
because they don't like the automatic injunction
that the Maryland courts, the federal
courts are giving to people with writs of habeas corpus petitions to give them 48 hours
to get before a federal judge before they're deported and a wave deported away from federal
jurisdiction.
At the same time, they file through John Sauer, the Solicitor General under Donald Trump,
his former appellate criminal lawyer, they file a motion for clarification with the United States Supreme Court in the
DVD case.
And what they say to the court is, we have an unprecedented defiance by Judge Murphy.
He got your order and now he's not abiding by it.
He's saying that the remedial order is still in effect because it is. And kudos to Judge Murphy and kudos
to Justice Sotomayor for going carefully through all of this and realizing that there is inherent
power and authority of a judge, independent from what the Supreme Court says, that they
are the master of their domain, their domain being their courtroom, their caseload,
their administration of justice.
And if they're not blocked, if every order that is at risk
or is in dispute is not appealed
at the United States Supreme Court,
it's still fair game for the judge
to use his inherent authority to find contempt,
to find, because even if his injunction was later blocked,
it doesn't mean that the Trump administration
hadn't violated it and wouldn't have been found in contempt.
We just saw a similar thing play out
in Judge Boesberg's courtroom,
who's the chief judge of the DC court,
when his injunction in the JGG case
up to the United States Supreme Court
about those 200 poor souls who were loaded into a plane
without due process and dumped off into El Salvador
over his injunction, over his block,
his order to ground the planes,
that act, even if it's later,
the injunction underlying it
is later overturned by the Supreme Court,
the act of defiance by the Trump administration
is in violation of the court's orders and powers
and he must find contempt and he found probable cause
for criminal contempt in the Boasberg case.
Same thing here with Murphy.
Murphy is just Boasberg North
and Sotomayor is backing him up, basically saying,
take a look at the remedial order you issued
because that's not up at the Supreme Court.
Boom, he takes a look at the remedial order.
I'm sure he thought of it on his own.
And pulled everybody together and said,
it still stands, nothing has changed
by the Supreme Court decision.
So John Sauer wants to run back, you know,
go to the well again, here we go.
Let's see if we get the Supreme Court to clarify.
Now here's what happens.
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There was no author for the decision. It was a one paragraph decision that the
April 18th order of the lower court is state, the injunction, blocking the injunction.
And then Sotomayor, Kagan, and Katanji Brown Jackson enter into their dissent, written by Sotomayor.
Now they don't have to accept, they run their own dootomayor. Now, they don't have to accept,
they run their own docket at the Supreme Court.
They don't have to accept the motion for clarification.
There's nothing to clarify.
What's to clarify?
The clarification is the injunction is blocked.
It doesn't mean everything else that happens below
at the trial court level,
including on issues that haven't been litigated,
that haven't been briefed,
are somehow gonna also be blocked and stayed by the Supreme Court.
The injunction is blocked, but this is a different order, about a different issue,
about contempt and breaching and Donald Trump's administration violating federal court orders.
We know that's happening. It's going on right now. It's being exposed
during the confirmation hearing for Emil Beauvais, the number three lawyer in the
Department of Justice, with a whistleblower who testifies that he was instructed to defy
federal court orders, to lie to them, to not tell them the truth, to tell them to go eff themselves.
That is verbatim. So of course, Judge Murphy is going to say, nobody's going to tell them to go F themselves. That is verbatim. So of course, Judge Murphy's
gonna say, nobody's gonna tell me to F myself in my courtroom while I'm still wearing a black robe
with a lifetime appointment. And no, I looked carefully, my order on the 21st was not blocked.
So you must abide by it. I think they're gonna lose on the clarification, I really do. I think they're gonna allow the lower court
to administer justice,
and when there's another order appropriate for appeal,
or has been appealed, with a proper record,
they'll take it up then,
but not on a motion for clarification.
A very peculiar way to conduct business
by the Department of Justice and Donald Trump.
But the other reason they wanna do it
is because they wanna to set a precedent.
Yeah, because they've already got in the California,
moving over to California and the National Guard case,
they've already got briefing in with Judge Breyer
in San Francisco in which they argue
that the entire case has been stayed
by the Ninth Circuit's 3-0 decision
about the takeover of the National Guard.
Whereas Judge Breyer thinks he still has jurisdiction,
which he does, to continue to develop record evidence
about things other than the temporary restraining order,
including about a preliminary injunction,
including about whether the Posse Comitatus Act
has been violated by Donald Trump.
So you see how these two things go together?
Because the Trump administration is arguing to
Breyer, the case is stayed by the Ninth Circuit of Appeals,
and Breyer is basically pushing back and saying, I don't see
where all of my work, and I've been divested of jurisdiction.
Same thing for Murphy. He hasn't been divested of
jurisdiction about third third country removal of people
without notice, just because they got a stay of one of his orders?
That's on Donald Trump.
See, this is the weakness.
There's a strength to the strategy that Trump is using,
obviously, in bringing emergency applications
to the Supreme Court without a proper record,
without full briefing, without oral argument,
where a lot of these issues would be resolved
without full deliberation by the Supreme Court.
But you know, you live by the sword, you die by the sword.
You wanna have a crappy, skeletal, short-fuse appeal
based on one narrow order?
Well then you don't get a full-blown, full-bang appeal,
full merits appeal. And then you don't get a full boat blown full bang appeal full merits appeal and
So you and then you can't supplement it or you shouldn't be allowed to supplement it with a motion for clarification
I'm gonna cover this as fast-moving story and it has a lot of domino
Cascading impacts on other positions taken by the Trump administration
Which I'll cover here on the Midas Touch Network, do about 14-15
videos a week, and over on Legal AF, the YouTube channel.
Come over there, hit the free subscribe button there as well, and I'll post these filings
on Legal AF, the substack.
So until my next report, I'm Michael Popak.
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