C (4:52)
We're not talking. We're not talking about some, you know, some mall exhibit in middle America. We're talking about Philadelphia and the fact that she has to issue after having raked Trump and the Department of Justice over the coals two days ago in her scathing order comparing Donald Trump to a low level chief magistrate and comparing his administration to George Orwell's Ministry of Truth. You'd think they'd know better that this judge wasn't going to back off. Sure, Donald Trump went for an appeal, but it hasn't been blocked. The order has not been stayed by the Third Circuit Court of Appeals, at least at the time of this recording. She hasn't stated either. Let's catch up with this case and another one filed in Massachusetts by conservationists, by those who enjoy and love a national parks and don't want to see them defaced by this president. It's now pending in Massachusetts District Court in order to stop Donald Trump from making good on the on his threats in March of 2025 with his executive order that he was going to rewrite history. No says America. No says we the people. You're on Midas touch and legal AF on Michael Popak. Let's get to the heart of this particular matter. Has to do with something near and dear to my heart. I've been going to Independence hall and that particular area in Philadelphia since I was in short pants. I lived on the Jersey Shore. We went there regularly on class trips, you know, all through my elementary school days and beyond. We bought my wife's wedding dress in Philadelphia. You know, we love Philadelphia. And not just the cheesesteaks. The history. How many times have I toured Betsy Ross's house or Constitution hall or Independence hall or the things around at the first meeting places and Carpenter's hall and all this other amazing stuff. I never thought for a minute that Donald Trump would try to take a big giant Magic marker Sharpie and rewrite history. Remember we reported a year ago, it's been a year, A little bit. About a month, less than a year when Lindsey Halligan, yes, the disgraced short term, short time prosecutor, no longer the Department of Justice, but her first job at the Trump administration was to work inside of the White House to rewrite history at the Smithsonian and all of their dozen of museums in Washington. Donald Trump wasn't impeached twice. You know how I know that? Because it's not in the exhibit in the Smithsonian any longer. Rewrote history. Anything Donald Trump didn't like. Why do we have to talk about slavery so much? Wait till they get to the history, to the Museum of the African American Experience. What are they going to do there. I can only imagine. No, I don't want to imagine. That's why these lawsuits have been filed. So Judge Roof, as I reported citing to George Orwell two days ago, told Donald Trump, get your mitts, your greasy little hands off of our national pride and our memorials and restore it to the way it was immediately. And then she woke up today and realized on the 18th that they hadn't done it. So she had to issue a second order. Let me read to you from both orders and then tell you where we're at with the stay and the appeal. And a very interesting twist with a Trumper sitting in the Third Circuit Court of Appeals and whether he's going to recuse himself or not in the form of Emil Bovey, who would get this case by random assignment. Potentially busy days, big goals, but no time to Cook I've been using Factor fully prepared meals designed by dietitians and crafted by chefs so you can eat well without the planning or cooking. One of my favorites lately is the Garlic herb salmon. 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The new order, just out hot off the presses, no pun intended, is signed by Judge Cynthia Roof. It says now and now this 18th day of February, upon consideration of the defendant's failure to comply with the court's order on the 16th order to forthwith black bold caps follow terms and conditions of the order. It is hereby ordered black bold caps that defendants shall comply with the terms of the order by restoring the President's House site to its physical status before they tore everything down. Now, in her earlier order, and I mean just two days ago, she repeatedly referenced George Orwell and said no. Just because you're in power doesn't mean you get to rewrite the facts and take down the plaque memorializing and paying tribute to the nine people who were enslaved, enslaved by our founding father. You can't do it under the written agreement starting in 1950 between Philadelphia, Pennsylvania and the federal government. And you can't do it in general. It's not your power, despite your executive order on March 27th of 2025, executive order 14253 in which he said, quote, it is the policy of my administration to restore federal sites dedicated to history to solemn and uplifting public monuments and remind Americans of our extraordinary her consistent progress towards becoming a more perfect union and advancing liberty and prosperity and human flourishing. I guess we leave out the human suffering part of enslaving and other people. And so she also pointed out a interesting back and forth colloquy she had with a lawyer for the Department of Justice who actually suggested that you can both sides slavery. I don't. I guess you get both sides the Holocaust under that theory. He actually said or she actually said in court at the hearing that it's not for the city or for even implying for the federal judge to decide what the facts are that there are people with different opinions about this particular issue. I'm like different opinions about slavery. What pro slavery group is Donald Trump trying to attract at time for the midterms? I just don't understand the target audience for this. And so she found it to be arbitrary and capricious. Violating the law under the Administrative Procedures act about the way it was done violates the documents and the contracts between the city, the state and the federal government. This is what the plaque said she says on page 31. It is not disputed that President Washington owned slaves. These are objective historical truths. The people who Washington held in slavery include and then they list all the people by name and what they did forced to do under under slavery. And yet in this argument, the government claims the power to erase, alter, remove and hide. This is page 32 of her order that the largest section of the of the government's records department are people trying to track down copies of books and newspapers which have been superseded and due for destruction and rewrite them over and over again. At oral argument, she said the defendants insisted as follows. Although many people feel strongly about this one way, other people may disagree or feel strongly another way about slavery, ultimately it is in this context that the government gets to choose the message it wants to convey. The message that the government chooses to convey is the government to choose. I don't get to choose the message, the lawyer said. And that's our position. The city doesn't either. No. As the judge wrote, the government here likewise asserts truth is no longer self evident, but rather the property of the elected chief magistrate. That's a, that's a slap at Trump and his appointees and delegates at his whim to be scraped clean, hidden or otherwise overwritten. And why? Solely. Solely because he has the power. So that brings us to the battle that's brewing. They didn't ask the judge to stay her order because she wasn't going to. She's now told them get it done by Friday. They run to the Third Circuit Court of Appeals in Philadelphia and ask them to stay or just block the order. And they haven't, at least as of yet. We'll have to see what judges are assigned. I would hope that Emil Bovey, Donald Trump's prior chief criminal defense lawyer, one of the people who, in just the several months that he was in the Department of Justice, one of the biggest violators of our civil liberties and our civil rights, I would hope that he would recuse himself and not be on the panel. Now, this is a gift to the Democrats, once again showing the perversity, the immorality, the lack of patriotism of the Trump administration as they try to graffiti their way through national monuments, slapping Donald Trump's name on everything or taking off immutable facts. We have a clip from the mayor of Philadelphia who welcomes the fight over the facts of slavery with this administration. And I agree with her. And here's a clip.