Legal AF by MeidasTouch - Trump SMACKED DOWN by GOP Judge in LATE-NIGHT Order…AGAIN!

Episode Date: February 8, 2025

A Republican DC Federal Judge has declared in a late-night order, that Trump’s Executive Order to force transgender women to be housed in male Prisons and be denied gender-affirming medical care, is Cruel and Unusual under the 8th Amendment of the Constitution, and he has entered the FOURTH TRO against the Trump Administration in its first 15 days. Michael Popok dives into the TRO and places it in the context of the other TROs as the Trump DOJ “phones it in” knowing that most of these Executive Orders are illegal. Get an additional 15% off their 90-day subscription Starter Kit by going to https://fatty15.com/LEGALAF and using code LEGALAF at checkout. 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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Register by March 15th. Additional terms apply. Learn more at wealthsimple.com slash match. A federal judge in the District of Columbia has just ruled that Donald Trump's attempt to take transgender women and put them in male populations in prisons is cruel and unusual punishment as that term is used

under the Eighth Amendment of the Constitution entering a temporary restraining order against the Trump administration. And if you're counting at home, that is now the fourth temporary restraining order against the Trump administration in just the first two weeks. I'm Michael Popak. I'm doing a deep dive into Royce Lamperth, who is a Republican District of Columbia federal judge and how he is fired back and entered this temporary restraining order just entered late last night.

Let's dive into it. And I'll read to you from the order, it's Jane Doe versus James R. McHenry. Who are those people? Well, Jane Doe is the way that you file a lawsuit when you don't want the identity, in this case, of three male to female transgender women to be disclosed for obvious reasons in the MAGA world.

We're gonna be seeing a lot of Jane and John Doe filings in the, that I'll be covering. Don't be fooled by it. It doesn't mean there's anything wrong with it. It's just the way, and I've done it before, that you anonymize, make anonymous the people that have been filed here only under the disclosure requirements of the judge. The judge, of course, ultimately knows who these people are, and will ultimately know

who they are. But for right now, for their own safety and security, they're known as Jane Doe cases. So when you hear me talk about it, that's what I'm talking about. James McHenry, who's he? He was the acting attorney general of the United States, but now with Pam Bondi having been confirmed, she will then be substituted into this case. It will eventually be Doe versus Bondi. There's gonna be a lot of Doe versus Bondi cases, but this is the first one. And this one has to do with the rights of people

who are transgender. What happened as you may know, or I'll tell you now, as this flurry of inhumane, unconstitutional, illegal executive orders that came out on the first day on the job. One of them was an executive order that they referred to as the defending women from gender ideology, extremism, and restoring biological truth

to the federal government. That's a mouthful for civil rights violations. This is the same vein of them declaring that the federal government will only recognize two gender. And then this is their DEI mole hunt to try to get quote, woke ideology out of the government. And by doing so, completely undermining and eviscerating the rights of people who are transgender

in every way, shape and form. From denying gender affirming care to 19 year old or under with their families who are making this transition, to stopping federal funds for gender affirming care or for people that are transgender. And here really, really in a disgusting or as Judge Lamberth put it, Eighth Amendment cruel and unusual punishment way,

forcing transgender women into back to male populations where they will be obviously raped, murdered, assaulted, all three or worse. So the lawsuit was brought and we're up on a temporary restraining order, just a little bit of a breakout session on that, foregrounds that a judge has to find has been satisfied to enter any kind of temporary restraining order.

It is likelihood that the likelihood that this plaintiff, these plaintiffs, these move-ins, we call them, are gonna succeed on the merits when the case is over. So the judge has to look under the hood now and say, yeah, based on the evidence that you've already presented me, the briefing and the law, you're more likely to win than those people. We're in a civil standard, so it's just the probability has to be greater for the party that's brought the motion.

That's one, likelihood of success on the merits. Two, combined, inadequate remedy at law and irreparable harm. It means we've got to preserve the status quo of what existed before the executive order to avoid something that can't be remedied by money. And we can't fix this. One of these people get murdered,

we can't fix that with money. So irreparable harm and adequate remedy at law and the fourth prong of a TRO in every case generally in federal court is that the balance of equities tips in favor of the public or this party. Okay, judge goes through those standards, also determines whether he's got jurisdiction, whether they're standing, there's injury in fact

that's going on and then once they do that, you get this kind of order from Royce Lampert. Let me read to you from it. He credited the evidence that was presented by the three transgender women. He says in bottom of page eight, to prove an eighth amendment violation based on theories such as failure to protect or deliberate indifference.

That's the argument that the Bureau of Prisons through Donald Trump is deliberately indifferent to the civil rights of the prisoners by housing transgender women with men. A plaintiff must show that both an objective and subjective element are met. The plaintiff must be confronted with an objectively intolerable risk of harm and prison officials must knowingly or recklessly subject the plaintiff to such a known risk. With respect to the transfer provision, the plaintiff cited to various government reports and regulations recognizing that transgender persons, this is taking government evidence and using it against them, that transgender persons are at a significantly elevated risk

of physical and sexual violence relative to other inmates when housed in a facility corresponding to their biological sex, which the defendants do not dispute. So they're already lost, because if that means that the Trump administration, even the acting attorney general, didn't dispute that transgender people housed in the wrong facility are subject to heightened risk

of sexual and violent crime. Game over. I mean, it's just, it is mind boggling they even come into court and make any argument at all. The judge also recognized that all of these people are suffering from or have as a condition what's called gender dysphoria. As the judge said on page one, a condition marked by significant distress and a host

of psychological and physiological symptoms when a person lives in a manner conforming to their biological sex for several years, including while they've been in custody, the plaintiffs have been prescribed and have generally received hormone therapy to treat their gender dysphoria. That's who we're talking about here. I'm so excited to share with you guys an incredible scientific breakthrough to support our long-term health and wellness. C15 is the first essential fatty acid to be discovered in 90 years. And get this, studies have confirmed that it's three times better, broader, and safer

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a myriad of exciting benefits now and as we get older, namely improved metabolic liver and heart health, smoother functioning joints, deeper sleep, and healthier hair and skin and nails. Now that's essential. It comes in a gorgeous reusable glass bamboo jar and refill capsules are shipped to your door quarterly in pouches made from recycled materials. Fatty15 is on a mission to replenish our C15 levels and restore your long-term health. You can get an additional 15% off their 90-day subscription starter kit by going to fatty15.com slash LegalAF and use code LegalAF at checkout. What the judge goes on to say after saying that the Trump administration has conceded that these people are at high risk to be harmed, injured or killed, the plaintiffs further claim on page

nine of his order, the plaintiffs claim that placement in a male penitentiary by itself will exacerbate the symptoms of their gender dysphoria even if they are not subject to physical or sexual violence. In other words, even if they're not attacked, just being treated like a man with their gender dysphoria is going to exacerbate this psychological or other condition. Because they will be subject to searches by male correctional officers made to shower in the company of men, referred to as men, forced to dress as men, or simply because the mere homogeneous presence of men will cause uncomfortable

dissonance. And with respect to the medical medication provision, because Donald Trump, of course, in a mean-spirited way, inhumane way, also cruel and unusually punishment way, cut off or wants to cut off their medical treatment, the plaintiffs have also provided an affidavit from a physician explaining the numerous and severe symptoms that may arise from failure to treat gender dysmorphia effects which the defendants likewise do not contest. Again, the Trump administration's like,

yeah, we think that's true too, Judge. Yeah, we think they're gonna get harmed or injured or killed or raped. Oh yeah, we think it's gonna exacerbate the dysphoria, but we don't care. The judge is like, okay, well, let's stop right there. You've already conceded the main points I need for my temporary restraining order.

Nor did the, listen to this, more disconcession by the Trump administration, that's how balls they are in a federal court. Nor did the defendants dispute the plaintiff's allegations that the Bureau of Prisons is subjectively aware that transferring the plaintiffs to a male penitentiary would substantially increase the likelihood of them experiencing the parade of arms

and either government resources and regulations to which the plaintiffs gesture in their complaints strongly suggest the requisite awareness on the part of the BOP. This just shows you the callous disregard by the Trump administration. And what I've said before, they don't really think that a lot of these executive orders are gonna actually pass muster in front of a federal judge. And they come

into court like, well, you know, well, that sounds right, Judge. We agree. We agree with the plaintiff on that. Yep, we agree with the plaintiff on that. But still, you shouldn't enter the temporary restraining order. Are you effing kidding me? So the judge finally got around to issuing the order as follows, which applies as of 7 p.m. last night, February 4th. Ordered that the plaintiff's motion for a temporary restraining order is granted, and it is ordered that the defendants are temporarily enjoined and restrained from implementing sections 4a and 4c of the executive order 14168. That's the one I've been describing here on the hot take.

Order that pending further order of this court, defendants shall remain and continue the plaintiff's housing status and medical care as it existed prior to January 20th. That means, we call that in the law, the status quo. The status quo is the condition that was going on before the bad act or bad conduct, bad regulation happened. So judge takes the time machine, the way back machine,

back to January 20th and says, you don't do a darn thing. Don't change any of your providing of medical care as of Jan 20th before he signed the executive order effectively or the housing of these people. And we'll get back to you on future decisions. Now, temporary restraining order stays in place until further order of the court, which means he'll now set a briefing schedule

over the next month or weeks for both sides to argue what's called a preliminary injunction. Preliminary injunction is one step further than a temporary restraining order. It means that the judge will keep this injunction coming up on full briefing and a more full record for appellate purposes until the end of the trial. I will tell you that in my 35 years,

I've never not obtained the preliminary injunction after I've won the temporary restraining order. Maybe you can count on, you know, maybe it's one out of 100 that they judge, oh, well, no, I was wrong. I'm not gonna enter the temporary restraining order or the preliminary injunction even though I entered the temporary restraining order.

I mean, he looks at the record anew, he could, but I'm telling you, it's very, very high likelihood, over 90%, that the preliminary injunction will be entered. Then Donald Trump and his Trump administration and Pam Bondi can go take an appeal to the D.C. Court of Appeals and maybe try to get to the United States Supreme Court if they're even interested.

They don't have to take that case. So that's the steps that we're going to watch here, but it starts with the courage of Royce Lampert. Now, I did another hot take here on the Midas Touch Network and Legal AF about the revenge of the Jan 6th, not insurrectionists, the Jan 6th judges who watched in horror all of the evidence against the Gen 6 insurrectionist handled their sentencing, including up to 22 years for violent crimes, and then watched Donald Trump pardon them all. Now they're ready and more than half the cases, there's already been 32 filed, more than half these cases against the executive orders and the constitutionally inhumane ruling

decisions by Donald Trump are going to appear before these same DC judges. Royce Lampert, he's a Republican nominee. He wasn't put in place by Biden, by Clinton, by Obama, because they're all united in the rule of law, and now they've got their chance, right? And they've got an ax to grind, if you will. I'm not saying they're not going to look at things objectively and independently as a judiciary, but you do the math. I'm going to continue to do it for you here with this analysis on MidasTouch and

Legal AF. Got a brand new channel. Come on over to Legal AF MTN for MidasTouch Network. I'm curating that channel. We're bringing you six to 10 case videos a day. Two to three cases are being filed against Donald Trump a day, four temporary restraining orders. Find out all about it in real time as it happens over on Legal AF MTN and help us hit our goal of half a million at our half birthday. We're almost there. We're at 450 already in just four months. So until my next reporting here or on Legal AF the podcast or Legal AF the

YouTube channel, 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. Bet MGM is an official sports betting partner of the National Hockey League and has your back all season long. From puck drop to the final shot,

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