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Michael Popak
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We're on a collision course.
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Federal Judge Paula Zinnis on one hand.
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The Trump administration on the other, in the shadow of a Supreme Court decision from late last night which reinforces and supports the jurisdiction and power of Judge Zinnis to order that the Trump administration.
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Facilitate the return immediately of Abrego Garcia.
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Armando Abrego Garcia from El Salvador. And now the Trump administration has asked Judge Zinnis off of last night's Supreme Court decision for more time to give.
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Her the information that she's demanded by.
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Today and she's refusing. What if they refuse? What if they don't comply with the Supreme Court's order which was against them.
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And supportive of Judge Zenis?
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I'm going to break it down for you in this fast moving story right here on the Midas Dutch Network. How do we get here? The United States Supreme Court, we've reported on this now ruled 90 effectively that Judge Zinnis was right and the Trump administration was wrong, that they violated Armando Abrego Garcia, a green card holder, his rights, his due process rights. They committed an illegal act by overriding by deportation a protective order issued by an immigration judge that that was illegal, was illegal at the time it was done, is illegal now and that he should be brought back from the jails of El Salvador. The judge, the unsigned opinion off of the emergency docket says that all things about what Judge Zinnis had ruled that due process demands that this injunction be issued in order to require the Trump administration to, to facilitate the return of Mr. Abrego Garcia. All of it was affirmed by the Supreme Court. Their only issue was whether the one word in the order, effectuate, effectuate, she said, you also need to effectuate his return. And they said, well, you could order facilitate, but you can't necessarily order effectuate because that might bleed into the powers of the president in matters of foreign affairs, but that's it. Based on that ruling, the judge already had an order about getting a status report about what diplomatic measures, what ways they are facilitating his return, facilitation can take many, many forms, and she wants to know what they are.
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And the Supreme Court ruled, and I'll.
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Show you where the Supreme Court ruled last night that the judge is entitled to no. And the Trump administration is required to tell what steps they've taken and what future steps they're going to take. Phone calls, diplomatic entreaties, memorandum revoking the contract placing him there under a with a $6 million payment for prisoner housing. All sorts of diplomatic, extra diplomatic.
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State Department, Department of Justice, Christine Noem.
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Homeland Security, Donald Trump. What are they doing? So the Trump administration got ahold of that and, and filed their motion for a modified schedule, which the judge has effectively denied, giving them only until late after late morning this morning to file their response, which we're still waiting on. It says, defendants request that the court, Judge Zinnis in Maryland, modify its amended preliminary injunction to allow defendants a reasonable period of time to evaluate the Supreme Court's order.
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The Supreme Court entered its order partially.
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Granting and partially denying defendant stay application after business hours last night. See, I guess the Department of Justice does sleep. Um.
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The court's order followed several hours later.
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The court said, okay, I just got.
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A remand, an instruction back to me.
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From my bosses at the Supreme Court to conduct a hearing to get to the bottom of the facts with the government prepared to give me those facts. Let's have that hearing today at 9:00 in the morning. They said, no, it's too early. We. This is not even a full business day, your honor. We're not counting pto. Here is the guy's been sitting and rotting in jail for 27 days. Time to bring him home, as his lawyers said. They go on in their filing, which was rejected resoundedly, resoundingly by the judge.
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The initial deadline contained in the amended.
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Preliminary injunction requires defendant to provide the court with a plan for diplomatic engagement 30 minutes into the business day following the decision. And that is in violation, they believe.
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Of one line in the order, which.
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I'm going to read to you again, that says that the court needs to clarify its directive with due regard for the deference owed to the executive branch.
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Of the conduct of foreign affairs.
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That only has to do with whether she's allowed to force him, the Trump administration, to effectuate his return rather than facilitate.
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Not when she holds her hearing or how quickly they need to respond.
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The deference requires that the executive be given a meaningful opportunity to review the Supreme Court's decision, which was effectively one paragraph long, in order to provide the steps that they will be taking to comply and therefore they've asked until 15 April and a hearing on 16 April. No, says says the judge, here's what, here's what the judge had to say in rejecting this filing by the Trump administration. And she's incredulous and she's pissed. Let's read it. The defendant asked this court to extend the deadline, arguing that they require several days to meaningfully review the Supreme Court's decision issued last night at 7pm and that it is impracticable for defendants to comply with the court's 9:30am deadline only a few hours after the Supreme Court issued its order. The court largely rejects the defendant's request. First, the defendant's act of sending Abrego Garcia to El Salvador was wholly illegal from the moment it happened and defendants have been on notice of the same.
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Indeed, as the Supreme Court credits In.
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Other words, Supreme Court supported the trial judge in this area. They didn't find her to be a Marxist. They didn't find her to be a crazy lunatic left wing judge who's rogue. They supported her. Here's what, here's what the judge reminds the Trump administration that the Supreme Court said that the United States acknowledges that.
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Abrego Garcia was subject to a withholding.
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Order from forbidding his removal to El Salvador and that the removal to El Salvador was therefore illegal.
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So we've got an illegal act by the United States which is imperiling the life of Abrego Garcia, a father of one married to a US Citizen who's.
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Been there rotting in a jail he shouldn't be in without due process for 27 days. The Constitution demands his immediate return at.
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An immediate hearing, not something on the Trump schedule.
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The judge continues. Second, on page one, the defendant suggestion they need more time to meaningfully review.
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A four page order that reaffirms the basic principle blinks at reality.
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It's not even a four page order, it's a page and a half order.
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And the rest is a statement by Sotomayor almost in dissent about the majority decision. Third, the judge says the defendants the Trump administration misconstrue the Supreme Court misconstrue the Supreme Court's ruling somehow suggesting that.
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The court's amended order requiring prompt attention in this matter is inconsistent with the Supreme Court's directive. Nothing could be further from the truth. As the Supreme Court plainly stated last.
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Night, quote, the government should be prepared to share what it can concerning the steps it has taken, past tense, and the prospect of further steps, all against.
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The backdrop of this court needing to.
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Ensure, quote, that the government lives up to its obligations to follow the law.
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That was a quote from Sotomayor.
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Sotomayor at the end of her statement in which she said, trial judge, make sure the government lives up to this order. Accordingly, she granted additional time to 11:30. They're going to miss.
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They've missed their deadline already.
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We'll see what they file. It's going to be some crazy almost flouting of the court's order. They may even, they may even file a petition with the United States Supreme Court asking for reconsideration and for further.
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Remand directions to this judge.
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I don't think they're going to win that, but they may try that. Here's what happened last night. Just to remind everybody, the judge back on the 4th of April issued her order in which she required that the defendants Trump administration are ordered to facilitate and effectuate the return of the plaintiff by Monday night, April 7th. This preliminary relief, the court said Judge Zinnis is to restore the status quo and to preserve Abrego Garcia's access to due process in accordance with the Constitution and in governing immigration law.
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And that's where the Supreme Court launched together 9 0.
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Now they didn't order order Abrego Garcia's expatriation and being brought back to the United States. But everything else they said, they said she was right.
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The judge was right.
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She had jurisdiction. She made the right ruling. She references appropriately the constitution and due process rights of her Prego Garcia. She, she appropriately notes a major factor is the fact that Abrego Garcia's rights have been violated by an illegal act by the government. That's why we're on a fast track here, folks. It's not, we don't, we don't get to go for a stroll in the woods and take lunch at the Department of Justice because they don't want to deal with a guy who's illegally sitting in a prison.
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Move.
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In other words, bring him home. The court went on to say that on Friday, April 4, this is the Supreme Court now, the United States District Court.
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Judge Zinnis entered an order directing the.
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Government to facilitate and effectuate the return.
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On the morning of April 7, the.
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United States filed this application and the court stayed the order. The court went on to say that to the extent the government. That's on page two. Sorry, this is the majority or the 90 decision.
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The rest of the district court's order remains in effect but requires clarification. We're fine with her citation to due.
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Process rights of Abrego Garcia to the.
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Constitution, to immigration law, to ordering the.
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That the facilitation of his return happen right now. They're only hung up about the word effectuate. Effectuate seems to imply to them maybe if that's what the judge intended, that they, if they can't get it through diplomatic facilitating means, that they go in there and break into the jail and bring them out. And they're not going that far, but that's it. And they reference the power of the executive branch in foreign affairs about, well, you know, you're not going to send a drone strike into the prison, even though you put them there to break them out. Short of that, they sided with zinnis 100%. Sotomayor, writing for Jackson and Kagan, in a statement, not quite a dissent, but pretty close, said that they would agree with everything that the judge did, including the word effectuate. And here's how she ends her statement. I agree with the court's order that.
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The proper remedy is to provide Abrego.
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Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador.
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That means the government must comply with.
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Its obligation to, to provide Obrego Garcia with a due process of law, including notice and an opportunity to be heard. And in any future proceeding, it must also comply, she said, with, with immigration law and with the Convention Against Torture.
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She then instructed the judge at the.
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Very end of her ruling, you are to make sure that the government lives up to its end of the bargain of this order. And that's exactly what she's doing. You know why the Trump administration is choosing this for the latest assault on our Constitution, that is we'll leave for another day. If I were them, tail between legs, I would have already done all the things necessary to get him popped from that prison in El Salvador and not fight over it in an inhumane, depraved way. But they're continuing to fight, you know, like a dog with a bone on anything that Donald Trump finds interesting. If I were them, discretion being the better part of valor, I would have.
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Already conceded this case and gotten the.
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Guy out, you know, and let the Supreme Court continue to rule in their favor on other things that are not obscenely, obscenely illogical and against our Constitution.
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Right? Pick your battles.
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But Trump doesn't pick his battles. Everything's a battle because everything to everybody's.
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A nail to a hammer.
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And that's all he's got in his bag. Well, continue to follow it right here on the Midas Touch Network. Hit the subscribe button from Midas Touch and come on over to Legal AF, the YouTube channel Legal AFMTN, and do the same thing I'll see you on my next report here on the Midas Touch Network on Legal af, the podcast. I'm Michael Popak.
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In collaboration with the Midas Touch Network.
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We just launched the Legal AF YouTube channel. Help us build this pro democracy channel where I'll be curating the top stories at the intersection of law and Politics. Go to YouTube now and find subscribe at Legal AFMTN. That's @legal AFMTN.
Episode Title: Trump Feels the Wrath of Federal Judge After SCOTUS Loss
Release Date: April 12, 2025
Host/Authors: Ben Meiselas, Michael Popok, Karen Friedman Agnifilo
Produced By: Meidas Media Network
In this riveting episode of Legal AF by MeidasTouch, hosts Ben Meiselas, Michael Popok, and Karen Friedman Agnifilo delve into a high-stakes legal battle between former President Donald Trump’s administration and Federal Judge Paula Zinnis. This confrontation arises in the wake of a significant Supreme Court decision that bolsters Judge Zinnis's authority to enforce the return of Armando Abrego Garcia, a green card holder from El Salvador wrongfully detained by the Trump administration.
Armando Abrego Garcia, a lawful permanent resident (green card holder) from El Salvador, found himself at the center of a legal maelstrom when the Trump administration deported him, violating his due process rights. Judge Paula Zinnis had previously issued a protective order preventing his removal, citing constitutional protections. However, the administration overrode this order, leading to Garcia's unlawful detention in El Salvador.
Key Points:
The United States Supreme Court reviewed the case and delivered a landmark ruling supporting Judge Zinnis’s decision. The nine-0 decision affirmed that the Trump administration violated Garcia's rights by unlawfully deporting him, thereby reinforcing the jurisdiction and authority of Judge Zinnis.
Notable Quote:
"The United States acknowledges that Abrego Garcia was subject to a withholding order from forbidding his removal to El Salvador and that the removal was therefore illegal."
— Supreme Court Opinion, 02:56
Key Points:
In response to the Supreme Court's decision, the Trump administration sought additional time to comply with Judge Zinnis's orders. They filed a motion requesting a modified schedule, arguing the need for more time to review the directive comprehensively.
Notable Quote:
"The defendant's request for an extension is impracticable, as Mr. Garcia has been unlawfully detained for 27 days."
— Judge Paula Zinnis, 05:14
Key Points:
Judge Zinnis remained unwavering in enforcing the court's decision, admonishing the Trump administration for their non-compliance and illegal actions.
Notable Quote:
"The removal to El Salvador was wholly illegal, and the government must live up to its obligations to follow the law."
— Judge Paula Zinnis, 06:37
Key Points:
As of the episode's release, the Trump administration has yet to comply with Judge Zinnis's orders. The administration's attempts to delay and potentially challenge the Supreme Court's affirmation of the lower court's ruling indicate a protracted legal struggle ahead.
Notable Quote:
"If I were them, discretion being the better part of valor, I would have conceded this case and gotten the guy out."
— Host Michael Popok, 15:21
Key Points:
The hosts critically analyze the Trump administration's persistent resistance against judicial and Supreme Court decisions, portraying it as an affront to constitutional principles and the rule of law.
Notable Quote:
"The Constitution demands his immediate return."
— Host Michael Popok, 09:25
Key Points:
The episode concludes with a sense of urgency regarding the administration's obligations to comply with judicial rulings and the potential ramifications of continued defiance. The hosts underscore the critical nature of this case as a litmus test for the balance of power between the judiciary and the executive branch.
Notable Quote:
"Everything's a battle because everything to everybody's a nail to a hammer."
— Host Michael Popok, 15:37
Final Thoughts: The legal community and the public are closely watching this case, recognizing its broader implications for justice and executive accountability. The episode reinforces the importance of judicial independence and the safeguarding of individual rights against governmental overreach.
Stay Informed:
For more in-depth legal analysis and updates on this and other compelling legal battles, subscribe to the Legal AF by MeidasTouch podcast. Join the conversation on the Legal AF YouTube channel at LegalAFMTN and follow the MeidasTouch Network for the latest in law and politics.