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Advertiser 1
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Lisa Schneider
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Advertiser 2
I'd go to law school.
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Advertiser 1
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Advertiser 2
Did Justice Sotomayor of the Supreme Court just outmaneuver and out fox, 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 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 Trump, their due process rights have been violated or not. That was the injunction. The Trump administration takes an emergency appeal. The Supreme Court, 6 to 3 majority, blocks that injunction, but not a on another order, a remedial order that was issued on 21 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 going to explain it all right here on the Midas Touch Network and on Legal AF on Michael Popak. Okay. A couple days ago we reported that the Supreme Court, 6 to 3 Maga majority turned due process upside down and had blocked the injunction for Judge Murphy. He had issued an injunction. He and there were about eight people that were being held at the Djibouti in South Sudan or Djibouti Air Force Base for the United States, subject to his jurisdiction. The judge found that his orders had been violated. His, 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 21 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, it'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 on this 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 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 and if they're not blocked, if every order that is at risk or is 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 Boasberg's courtroom, who's the chief judge of the D.C. court, when his 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 Boasburg north and Sotomayor is backing him up, basically saying take a look at the remedial order you issued, cuz 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 can get the Supreme Court to clarify. Now here's what happens. I may be very open with you on this podcast, but off the air I really do value my Privacy. And it's 2025. Are your blind still from 2005? There is a better way to buy blind shade shutters and drapery and it's called three Day Blinds. They are the leading manufacturer of high quality custom window treatments in the U.S. and right now, if you use my URL, three day blinds.com legal af they're running a buy one, get one 50% off deal. We can shop for almost anything at home. Why not shop for blinds at home too? Three Day Blinds has local, professionally trained design consultants who have an average of over 10 years of experience that provide expert guidance on the right blinds for you in the comfort of your home. 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Head to three day blinds.com legalaf for their buy one get one 50% off deal on custom blinds, shade shutters and drapery for a free no charge, no obligation consultation. Just head to three day blinds.comlegal af one last time. That's buy one get one 50% off when you head to the number 3D a Y blinds.comlegal a F there was no author for the decision. It was a one paragraph decision that the that the April 18th order of the lower court is state the injunction blocking the injunction. And then Sotomayor Kagan and Ketanji Brown Jackson enter into their dissent written by Sotomayor. 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 going to also be blocked and stayed by the Supreme Court. The 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 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 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 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 9th Circuit's 30 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, about whether the Posse Combatas 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's 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 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 want to 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 can't supplement it or you shouldn't be allowed to supplement it with a motion for clarification. I'm going to 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 1415 videos a week. And over on Legal A after 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. Can't get your fill of Legal af? Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. Find the court filing in the oral argument there, including a daily roundup that I do called Wait for it Morning af. What else? All the other contributors from Legal A are there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal AF on Substack. Come over now to free subscribe Today.
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Advertiser 3
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