Fed up federal judge smacks down Trump in court - Brian Tyler Cohen

[TexasTowelie]

Legal Breakdown episode 503: ‪@GlennKirschner2‬ discusses a federal judge rejecting a last-minute appeal from the DOJ.

Transcript:

you're watching the legal breakdown
glenn all eyes are on this feud that has
erupted between the Trump administration
and a federal judge the judge ordered
that a wrongly deported migrant be
returned to the US by April 7th at 11:59
p.m the DOJ Trump's Department of
Justice requested a stay meaning to
block this order from being carried out
the judge now responded to this request
by the DOJ can you explain what just
happened yeah Brian the judge reaffirmed
that there is absolutely no lawful basis
for this man Mr garcia to be in El
Salvador because he had a court order
prohibiting the United States from
deporting him to El Salvador he has no
reason to be in a prison in El Salvador
and there is absolutely no reason why
the Trump administration cannot bring
him back pronto so she reaffirmed her
order she said "No no no there will be
no stay there will be no pause there
will be no reconsideration of my ruling
you will return Mr garcia to the United
States by 11:59 p.m on Monday April 7th
and she said something else she
emphasized in her 22page order that Mr
garcia's detention in El Salvador is
quote wholly lawless when I read that
Brian I thought you know that would
probably make an appropriate hashtag to
describe the Trump administration more
broadly
#holy lawless so that is where things
stands but there were a couple of other
interesting developments in this 22page
opinion that actually have relatively
little to do with what's going on in
court but a whole lot to do with what's
going on between the walls at the
Department of Justice glenn I want to
dig into what happens now what the Trump
administration's recourse is here so
obviously one step that they could take
is just comply with the judge's order
another step they can take is to ignore
the judge's order and a third step is to
seek some type of remedy at an appeals
court uh can you explain what their
options are yeah I think you're exactly
right and I can tell you the most likely
option is they're probably preparing
their appeal right now to the Federal
Circuit Court of Appeals that sits at
top the Maryland Federal District Court
so I have a feeling probably either late
Sunday night early Monday morning you're
going to see an emergency appeal filed
asking the appeals court to stay or
pause Judge Janness's order that they he
must be returned by Monday just shy of
midnight um they could also defy the
order but I don't think they'll do that
i think they'll file the appeal or of
course they could comply with the order
which would involve nothing more than
sending a plane down there um asking the
El Salvadoran authorities to give Mr
garcia back and Brian they are detaining
him for us at our request and at our
expense so the judge you know pretty
much laughed at a court the notion that
the federal government doesn't have the
ability it's quote impossible for them
to get him back it's clearly not but I
think you're right i think an appeal an
emergency appeal is most likely what
we're going to see next if we see an
emergency appeal does that mean that the
appeals court has to respond before
11:59 p.m because if they don't do
anything if they opt not to comply but
they have the appeal pending we're we're
kind of in this weird limbo where
there's where the the prevailing order
is still the one that was set forth by
the district court yeah they don't have
to but I will tell you in the
overwhelming majority of emergency
appeals the appeals court sort of as a
matter of respect to the lower court and
to the parties they will offer some kind
of a reply the reply may very well be
we're not taking this matter up
expeditiously and the lower court ruling
will remain in effect sometimes they
will say you know what we will issue
what's called an administrative stay
which is a nice way to say listen we
don't believe the party uh seeking this
appeal is necessarily right but we're
going to just freeze things albeit
fleetingly maybe for a couple of days or
a week while we resolve the legal issue
usually they will respond because they
don't like to just be radio silent and
let the parties in the lower court kind
of struggle to figure out what to do
next and then Glenn we've spoken about
this in previous episodes but I think
it's worth re-uping here what happens in
the event that the Trump administration
simply opts not to comply even if the
appeals court says "Nope we're not going
to touch this thing the lower court uh
the ruling is is valid there's no reason
for us to to change this ruling or step
in here we're not going to um we're not
going to approve your request for a stay
and you have to return Mr garcia by
11:59 p.m on on April 7th." Yeah what
happens is Judge Sheinus almost
certainly moves toward contempt
proceedings to try to force the
administration to comply and if they
continue to refuse she can consider
confining jailing holding in contempt
after the officials receive their due
process their notice and opportunity to
uh be heard on the issue which is their
you know fifth amendment due process
constitutional right the very right
they're depriving these these immigrants
by summarily shipping them down to an El
Salvador prison um she will almost
certainly move in the direction of
contempt with the um with the hope that
maybe it will coers the the
administration to come into compliance
with her order glenn what kind of
enforcement mechanism is there in the
courts to try and get the executive
branch to do its bidding to do whatever
its rulings are i mean who is the muscle
behind the judicial branch because if
the courts are telling the executive
branch to do something presumably you'd
need some type of law enforcement
authority to be able to do that and
aren't the law enforcement authorities
themselves under the purview of the
executive branch yeah we've been talking
about this quite a bit first of all the
muscle is the constitution the muscle is
that we have co-equal branches of
government and one is constitutionally
obligated to respect the lawful
authority of the others that's the
actual muscle
i mean that that that muscle has been
atrophying lately though yeah that that
muscle has not been to the gym in a very
long time with Trump in power i'll give
I'll give you that much Brian but but so
if you want to talk about boots on the
ground law enforcement muscle and power
and might it is the United States
Marshall Service and they are the ones
who are lawfully obligated for anybody
scoring at home they can look at the
federal code title 28 section 566 C
Charlie and they will see that the
federal law provides that the US
Marshalss shall that's mandatory enforce
federal court orders and shall you know
acquire any resources they need to do so
people will say "Yeah but the marshals
are part of the Department of Justice
and the Department of Justice is part of
the executive branch under the control
of a criminal president Donald Trump."
All of which is true but that does not
negate the lawful duty of the marshals
to execute to enforce those court orders
and it's anybody's guess as to how this
constitutional conflict and frankly true
constitutional crisis if the executive
branch is hellbent on defying judicial
branch orders how it plays out right i
mean I mean I I would push back and say
yes the Constitution requires that the
marshalss um enforce whatever the court
rulings are but the Constitution is also
the heart of of all of these matters
which is that what Trump is doing is
defying the Constitution he's defying
the law and so if he's that willing to
defy the Constitution and federal law
and uh federal judge rulings then why
would he suddenly opt to respect the
jurisdiction or the powers of of the
marshals well Brian it will come down to
if the good men and women of the
Marshall Service of the Department of
Justice of the FBI and ultimately of the
military are willing to abide by their
oath to support and defend the
Constitution against all enemies foreign
and most importantly in our present
circumstances
domestic then our government holds but
if everybody lays down and you know
abides by whatever a lawless president
or a lawless commanderin-chief in the
case of the military services if they
all lay down then there is no hope then
our republic is at an end our
constitution you know loses we might as
well tear it up and throw it out um I
just don't think that is necessarily
where we will end up i know Donald Trump
thinks and now Pam Bondi his attorney
general thinks that they can fire their
way through all of the ethical people in
the Marshall Service and the FBI and the
Department of Justice and we just saw an
instance of that because the very
attorney the DOJ attorney Brian who went
into court in the Garcia case and he
made representations statements
arguments to the judge that were honest
ethical accurate and truthful including
telling the judge "Judge I don't have
information or evidence for you about
why the Mr garcia is being detained at
this terrorist prison in El Salvador i
haven't been provided that information
and I'm sorry but I can't answer your
question you know what happened to that
DOJ lawyer Brian well just today he was
put on immediate administrative leave
and according to uh Attorney General Pam
Bondi he is quote no longer working with
the department i don't know if that
means he's been fired from the
Department of Justice and not only did
Mr ravini the attorney who was in court
arguing this matter get put on
administrative leave his supervisor got
put on immediate administrative leave as
well they think they can fire their way
through all of the honest ethical public
servants brian they can't take it from
somebody who was inside the federal
government for 30 years they can't this
is not sustainable this will end up
imploding in the long run and you know I
think the republic will hold and I think
the good men and women of the federal
government will stand up will refuse to
do the unlawful bidding of Donald Trump
Pam Bondi and the rest of Trump's you
know lap dogs flunkies and sickopants in
the executive branch and I think at the
end of the day it is Trump who will
implode not our constitution do you have
any worry that by virtue of Pam Bondi
and the DOJ leadership firing these
these prosecutors or attorneys who dare
make ethical honest representations in
court that they're just going to get
replaced by people who are more in the
mold of Bondi Bove and Trump you know
they can bring in a pack of liars to go
into court and just say whatever Donald
Trump wants them to say that's going to
degrade the quality of attorney that
they have that they have representing
the DOJ then right exactly and frankly
it's not even representing the DOJ it's
representing the American people it was
my job as a federal prosecutor to
represent the interests of the American
people not any of the presidents under
whom I served then here's what Pam Bondi
just wrote to all of the employees at
the Department of Justice after she
directed that these two DOJ lawyers be
put on immediate administrative leave
for you know having the gall to
basically make truthful accurate
representations in connection with the
Garcia case uh Ag Bondi sent out this
missive at my direction every Department
of Justice attorney is required to
zealously advocate on behalf of the
United States any attorney who fails to
abide by this direction will face
consequences brian you know I may not
know everything about leadership or
supervision but what I do know having
supervised lots of attorneys both as an
Army Jag supervising other Army
attorneys and at the Department of
Justice you know supervising dozens and
dozens and dozens of federal homicide
prosecutors the one thing I know about
leadership is that there are three
important rules for good leaders and
they are support your people support
your people and support your people pam
Bondi is doing the exact opposite she's
punishing her people she's turning on
her people she's stabbing her people in
the back for going into court and making
the best honest ethical accurate
representations to a judge they can make
do you think they're going to find a lot
of folks after this who are ready to
rush into court and do Donald Trump's
bidding are you flipping kidding me so
this is not sustainable and our viewers
should hold fast to the notion that this
is not going to bring our democracy down
the idiots the imbeciles and the
incompetence like Pam Bondi and the
other folks that Donald Trump has
populated his executive branch with all
right well this case is obviously moving
very quickly so if uh for anybody
watching you want to continue to follow
along especially as we very quickly
approach the April 7th deadline please
make sure to subscribe i'll put the
links to both of our channels right here
on this screen glenn is fast approaching
a million subscribers so especially if
you're not yet subscribed to his channel
yet please hit the subscribe button i'm
Brian Taylor Cohen and I'm Glenn Kersckner
you're watching the Legal Breakdown

[Uncle Joe]

1. Kicked and recommended

Thanks for the thread TexasTowelie