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- [00:01]
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- [00:30]
Michael Popak
We got breaking news. On day 15 of the Trump administration, the first nationwide preliminary injunction has been entered by a federal judge against Donald Trump's administration for their depraved, unconstitutional birthright citizenship executive order denying babies born on US Soil US Citizenship guaranteed them by the US Constitution. That's a big no and a big unconstitutional. For Judge Deborah Boardman out of the District of Maryland, I want to break it down for you. I want to compare it to the other four temporary restraining orders against different executive orders for Donald Trump. So let's just do the math. 32 cases have been filed against the Trump administration that he's obtained against him. Four separate temporary restraining orders and one preliminary injunction by federal judges. And a lot of them are the Biden federal judges. So isn't that, isn't that poetic justice? Isn't that cosmic justice? I'll break it down right now. I'm Michael Popak. You're here on Midas Touch, an unlegal Afghan. Preliminary injunctions, in my world as a lawyer, are big deals and they are bigger, badder, bolder than temporary restraining orders. When you're looking at the level of types of orders that a federal judge can issue, there's like an administrative stay, which is for hours, sometimes days, while the judge gets their mind around the briefing and the evidence for a matter that's been put before them. That's on the bottom of it. Right. The next level up is a full temporary restraining order, which is the judge taking a peek at the underlying facts and evidence as presented in a very short amount of time and saying, well, it looks like it's more likely than not. The other party's got a very good argument here. There is a constitutional violation, a statutory violation, a violation of something. So I'm going to put a pin in this. I'm going to hold the status quo now to allow for full briefing and full evidence and an evidentiary hearing and a record presentation at some later time in the Very, very near future. That's the temporary restraining orders that we've been talking about a lot on Legal AF on the Midas Touch Network. The temporary restraining order about birthright citizenship's executive order, stopping it in its place. That was issued by Judge Kofanor in Seattle, Washington. The temporary restraining order that was obtained against by two judges, issued against the Trump administration by two judges, McConnell in Rhode island and Ali Khan in the District of Columbia against his attempts to cut off federal funding to all not for profits and states. Those have been temporarily restrained, subject to a future hearing on preliminary injunction. That brings us to Judge Boardman who issued from the bench. It's going to be in writing soon. We'll get our hands on it. But she read out loud her temporary, her sorry, her preliminary injunction against the Trump administration for trying to continue to enforce the birthright citizenship executive order denying children babies born on US Soil their citizenship. And let me tell you what she basically said. And I'm gonna read to you from her ruling, her oral ruling, subject to we're gonna get it in writing. She said the argument by the Trump administration has been rejected by every judge that's ever looked at it, that it runs counter to our nation's 250 years of history of citizenship by birth. It runs counter to 125 years of Supreme Court precedent. Everything about the 14th Amendment. And no court has ever found that that kind of executive order is going to be constitutional or has adopted the interpretation of the 14th Amendment by the Trump administration. And she wasn't going to be the first. Let me tell you a little bit about Boardman before I read you from the language of her order that she read out loud what it means as a nationwide injunction. And then, and then also some comments made by some of the plaintiffs, including pregnant women from Trinidad and other places that will just will make you weep about the real life impact irl, as they say, of what these depraved positions taken by the Department of Justice for Donald Trump, what it means in the real world. First, let me tell you a little bit about Judge Boardman. Judge Boardman is one of the Biden appointees got confirmed by the Senate, who started out as a federal public defender. It's very rare. She's one of very few all put on by Biden who weren't prosecutors, who weren't, you know, elite lawyers at some big law firms or corporations or right wing public interest firms. She was a federal public defender. And I know federal public defenders. First day on the job, you get 100 files. Those are your clients who are indigenous, who can't afford private representation, and they're looking at drug charges and immigration charges and other and other and other types of charges. And she was a federal public defender doing, doing God's work there. She then became a magistrate judge, which is not an Article 3 confirmed by Senate judge, but a judge just below that who handles a lot of the day to day in federal practice. So she served in that role for a few years and then Biden elevated her to full blown confirmed Article 3 judge. And boy, she couldn't have come along quick enough for me. Let me read to you from her actual words so you know where this is coming from in a nationwide injunction. This is what she had to say. And then I want to talk to you about the back and forth she had with the Trump lawyers who lost all credibility in her courtroom. I mean, they've lost all credibility in all courtrooms at this point with their ridiculous, ludicrous, intellectually dishonest position taking with no case law and no nothing, just Donald Trump's talking points. She said. She said that it was very likely that the plaintiffs here would succeed on the merits. She said no court in the country has ever endorsed the President Trump's interpretation and this court will not be the first. Particularly, she said that she looked at the 14th Amendment, which was ratified in 1868, which provides automatic citizenship to those born on U.S. soil who are subject to the jurisdiction of the federal government and which has traditionally applied to nearly everyone other than children of foreign diplomats. The lawyer for the Department of Justice for Trump said, oh, we don't think the framers of the 14th Amendment meant to create a loophole to give people with, with uncertain status or undocumented status citizenship. Really? Where does it say that everybody that came here was undocumented originally? You know, the people that came over on the Mayflower, you know, were they documented? No.
- [07:03]
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- [08:47]
Michael Popak
Long day of legal AF video recording.
- [08:49]
Co-host
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- [09:19]
Michael Popak
The Justice Sorry Boardman had to say this about it. Boardman said. I am not going to be the first judge to take away somebody's constitutional rights. There is no she turned to the lawyer for the Department of Justice.
- [09:31]
Co-host
She said, CITE for me one case.
- [09:34]
Michael Popak
One case that is sided with your interpretation of the 14th Amendment. Of course there aren't any. She then turned to Judge Kofanor, who is her colleague but in the Seattle branch of the federal court system, and said Judge Coffinor was right. This is blatantly unconstitutional. Now, his was a temporary restraining order that held the ring until we got here. He's going to issue his preliminary injunction, too. As I've said before, I've done federal practice for 35 years. I think one time in my entire career I ever had a temporary restraining order that didn't convert into a preliminary injunction at some point. So that preliminary injunction now on full briefing and with the order that will be coming out, will give the Trump administration the right to take an appeal. That appeal, because she sits in Maryland, I think it's going to go to the third or fourth. I think it's the fourth, the fourth Circuit Court of Appeals and then based on the rulings there, and I'm expecting a loss for the Trump administration, it'll go to the United States Supreme Court. That's the pathway here. That's why it was filed in Maryland, to get a favorable appellate court and a fast track over the United States Supreme Court. But in the meantime, this is a preliminary injunction. This is a big deal. Let me, let me take a moment and show you the, the personal impact of these types of depraved positions by the Trump administration. This is a pregnant plaintiff in the case identified only by her pseudonym. And the judge allowed Jane does and John does because of fear of retribution in the listing on the case, said, and she's from Trinidad, she said, quote, all I have wanted is to focus on my baby being born healthy and safe. But instead, even though my baby will be born in the U.S. because she's here residing in the U.S. i have been worried that they will be denied a right that has guaranteed them under the Constitution, the right to be a US Citizen. This ruling will give mothers like me a bit of temporary relief as we navigate pregnancy and the uncertain future of our babies. I agree with her. Agree with her wholeheartedly. So what does it mean? It means that the blueprint for how the Democrats and progressives and public interest groups and attorneys general are handling these cases is working, is winning. We are winning in the right courts filed by, in front of the right judges on the right arguments. The arguments are constitutional violations, 14th amendment violations, due process violations, first amendment violations, depending upon the case, Administrative Procedures act violations. I mean, Donald Trump can't issue an executive order that doesn't violate one aspect of congressional law or the Constitution. And that's where we got them. And that's where we got them. So watching somebody try to rule by fiat and by executive order and floundering and doing so is actually an advantage to the Democrats and progressives and those in favor of the rule of law. Because I know we lost a lot of confidence in our federal court system, not in individual judges, but in the court system overall, but at least particularly at the Supreme Court level about the criminal matters of Donald Trump. But forget that. We're not in the criminal matters of Donald Trump anymore. This is the revenge of the Biden judges. This is the revenge of the DC Judges who are handling most of these cases. I mean, out of 32 cases filed against the Trump administration, 15 are filed in the District of Columbia for a reason. And these judges are ready. Right? They were shocked. They were shocked and horrified by what they heard. During the trials of the Jan.6 insurrection is shocked and horrified by what they saw with the United States Supreme Court in letting Donald Trump off the hook. Shocked and horrified during the sentencing process for these people and shocked and horrified when Donald Trump let them all out of jail. And now it's their turn. And that's what we're watching here on Legal AF and on the Midas Touch Network. So big headline here, 15 days in first preliminary injunction. Trust the process. The process is working. You don't get to day 15 with four temporary restraining orders and four different judges on three different matters and a preliminary injunction if you don't know what you're doing. Trust the process, trust the public interest groups, trust the naacp, the aclu, Democracy Forward, Democracy Now, Court Accountability Action, the attorneys general in 22 states. They know what they're doing. They know where to file. They know how to file. This is not their first rodeo. They beat Donald Trump 80% of the time in a thousand cases in the first administration. So if Donald Trump, we're going to have triple now. We're going to have 3,000 cases.
- [14:01]
Co-host
I've said it before, we're already up.
- [14:03]
Michael Popak
To two plus cases a day and.
- [14:06]
Co-host
That will only continue.
- [14:08]
Michael Popak
That's why you got to keep track with the headlines here and our banners here about which case I'm talking about. I'm going to talk about so many Jane Doe and John Doe cases against some aspect of Donald Trump you'll think didn't pop back already. Give us that analysis.
- [14:20]
Co-host
No, these are different cases.
- [14:22]
Michael Popak
We're keeping them straight for you here at the intersection of law and politics. Now is the time to join us over on Legal AF, the YouTube channel, as we continue our march as a pro democracy channel in collaboration with Midas touch to 500,000.
- [14:36]
Co-host
We're almost there. We're at 450,000 right now.
- [14:38]
Michael Popak
In four months, help us get to 500,000 before our five month anniversary, five month birthday right around the corner. So until my next contribution, whether it's on Legal AF, the YouTube channel, I'm sorry, Legal AF the podcast, the YouTube channel, our show on Wednesdays and Saturdays.
- [14:55]
Co-host
At 8pm Eastern Time on this YouTube.
- [14:57]
Michael Popak
Channel, here's a little viewing guide. Pop Live now, a new podcast on.
- [15:01]
Co-host
Tuesday nights at 8pm, other Midas Touch.
- [15:03]
Michael Popak
Network or any of my other contributions. I'm humbled by your, by your acceptance of the work that we're, that we're doing here and your support for it because we are people powered, we are independent. We don't have outside investors okay, you see this? I paid for all this. I don't. I don't have a. I don't have a patron in that way. You are our support team, so I really appreciate everything that you do. I'm Michael Popak. Until my next video.
- [15:29]
Co-host
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 a FMTN. That's at legal a FMTN.
- [15:54]
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