Transcript
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Michael Popak (1:35)
We got breaking news. With the Trump administration lurching towards a constitutional crisis arising out of their deportation plan, ignoring a federal judge's order. Not only ignoring it, calling it out and saying the federal judge has no power over a president who has unlawfully and unconstitutionally exercised war powers to deport people as young as 14 years old from American soil despite a temporary restraining order, a court hearing, an order from the bench requiring them to do exactly that, to stop deporting people pursuant to the Alien Enemies act until the briefing schedule and hearing was set and is completed this week by the judge. Donald Trump's position, which has been expressed by his press secretary and others, is that until an appellate court tells him otherwise, he's going to completely ignore a federal judge's orders. They have this new phraseology that you hear over and over again. A single judge in a single district can't make a ruling against the President of the United States. That is a lie. I'll break it down for you here on the Midas Touch Network and Legal af. We've got two competing filings. One late yesterday One this morning, one from the Trump administration explaining why they basically why they violated the court's order not to deport people with 200 or more Venezuelan and other undocumented and people who are alleged to be part of a gang delivered to the quote, unquote, philosopher king, dictator of El Salvador, President Bukele. And so all of that was going on during the hearing and after the court had already ruled. Right before the court had already ruled that these people should not be deported, especially to El Salvador. They were already on their way to El Salvador, including a number of planes, according to reporting, that went out after the judge had already made his order. Meaning when the judge said turn the planes around, the planes hadn't even launched yet. They launched after. This is a constitutional crisis of epic proportion. Let me tell you first what the notice to the court was that was filed late yesterday by the Trump administration. And then I'm going to read to you from the American Civil Liberties Union and the plaintiffs in the case and what they have told the judge. There are so many holes in this notice, so many confessions and admissions of violations of the court order that that the response by the ACLU was relatively straightforward. Here's the Trump administration notice signed by Pam Bondi, Pam Bondi, the attorney General, and Emil or Emil Beauvais and Todd Blanche and all the other former criminal defense lawyers for Donald Trump now in the Department of Justice. For the reasons this is from the Trump filing, for the reasons explained on the record, federal defendants object to this court's assertion of jurisdiction, including over the president's exercise of powers vested in him by Article 2. I mean, that's what federal courts do for a living in the checks and balance system. They often check the power unconstitutional exercise of power by a president pursuant to Article 2. So that is a nonsense start to this notice, but it continues. The Trump administration says, subject to that objection, President. The federal defendants were promptly notified of the court's temporary restraining order issued in the morning and the 7:26pm minute order that temporarily enjoined any removals pursuant to the Presidential Proclamation. Let me unpack that Friday we got word that Donald Trump was going to make a presidential Proclamation to invoke the Alien enemies Act of 1798 from the Adams administration, which has never been invoked in peacetime, requires that there be an invocation of war powers after a declaration of war by Congress. That has not happened. And that got signed and issued on Saturday. The judge had already, in a prior temporary restraining order, stopped the deportation of at least five or six Venezuelans Then when they ran into court on Saturday, they had a hearing on Saturday at 5:00 Eastern Time in Washington. Yes, the courts are open on Saturday. By then, the ACLU representing the plaintiffs had new information because we now have the actual proclamation of attempting to exercise that particular war power. So the judge expanded his injunction considerably to include no one. He certified a class, everyone subject to that particular war power exercise or attempted war power exercise, and enjoined or blocked it and ordered during a hearing that the flights, if they're in air, if the birds are in the air, turn them back around. He also acknowledged during the hearing, the judge, Judge Boasberg, that if planes had already landed, he may have lost his jurisdiction. So he's trying hard to make sure that the Trump administration isn't purposely trying to deny, deny a federal judge jurisdiction by taking these people surreptitiously to a foreign country like El Salvador and dropping them off in their notoriously, notoriously abusive jail system, you know, and detention center. So when they say, well, we didn't get word until 7:26 of the minute order, that's a lie that the lawyers were in court. The judge issued from the bench his order as in the 6 o'clock range. And it looks like planes went out after the order. That's the point. And they sort of fudged that wallpaper over that in their filing. The Trump administration continues in its notice going forward and in the absence of appellate relief, federal defendants will continue to protect the United States using authorities other than the proclamation. That's interesting. So they're saying that until we're just going to continue to act lawlessness in a lawless fashion, in an unconstitutional fashion, unless we're stopped by an appellate court and we're going to ignore a federal judge. See the constitutional crisis that we are heading for. And we are already in federal defendants. Further report based on information from the Department of Homeland Security, that's Christy Noem, that some gang members subject to removal under the proclamation had already been removed from the United States territory before the issuance of the court's second order. That's a lie, apparently, based on media reports. First of all, it's over 200 people, including as young as 14 years old, was turned over to the El Salvadorian regime. And it's. And it's black ops detention center. And that was not after the second order. It was, they were sent in violation of the second order. It was great seeing my mother in.