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- [00:01]
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- [00:30]
Michael Popak
A federal judge in the District of Columbia has just ruled that Donald Trump's attempt to take transgender women and put them in male populations in prisons is cruel and unusual punishment, as that term is used under the Eighth Amendment of the Constitution. Entering a temporary restraining order against the Trump administration. And if you're counting at home, that is now the fourth temporary restraining order against the Trump administration in just the first two weeks. I'm Michael Popak. I'm doing a deep dive into Royce Lambert, who is a Republican District of Columbia federal judge, and how he is fired back and entered this temporary restraining order just entered late last night. Let's dive into it as. As and I'll read to you from the order. It's Jane Doe versus James R. McHenry. Who are those people? Well, Jane Doe is the way that you file a lawsuit when you don't want the identity in this case of three male to female transgender women to be disclosed for obvious reasons. In the MAGA world, we're going to be seeing a lot of Jane and John Doe filings in the that I'll be covering. Don't be fooled by it. It doesn't mean there's anything wrong with it. It's just a way, and I've done it before, that you anonymize, make anonymous the people that have been filed here only under the disclosure requirements of the judge. The judge, of course, ultimately knows who these people are and will ultimately know who they are. But for right now, for their own safety and security, they're known as Jane Doe cases. So when you hear me talk about it, that's what I'm talking about. James McHenry, who's he? He was the acting Attorney General of the United States. But now with Pam Bondi having been confirmed, she will then be substituted into this case. It will eventually be Doe versus Bondi. There's going to be a lot of Doe versus Bondi cases, but this is the first one and this one has to do with the rights of people who are transgender. What happened, as you may know, or I'll tell you now, as this flurry of inhumane, unconstitutional, illegal executive orders that came out on the first day on the job, one of them was an executive order that they refer to as the defending women from gender ideology, extremism and restoring biological truth to the federal government. That's a mouthful for civil rights violations. This is, this is the same vein of them declaring that the federal government will only recognize two gender and then this is their DEI mole hunt to try to get quote woke ideology out of the government. And by doing so, completely undermining and eviscerating the rights of people who are transgender in every way, shape and form from denying gender affirming care to 19 year old or under with their families who are making this transition to stopping federal funds for gender affirming care or for people that are transgender. And here really, really in a disgusting or as Judge lamperth put it, 8th amendment cruel and unusual punishment way for forcing transgender women into back to male populations where they will be obviously raped, murdered, assaulted, all three or worse. So the lawsuit was brought and we're up on a temporary restraining order. Just a little bit of a breakout session on that four grounds that a judge has to find has been satisfied to enter any kind of temporary restraining order. It is likelihood that the likelihood that this plaintiff, these plaintiffs, these movements we call them are, are going to succeed on the merits when the case is over. So the judge has to look under the hood now and say, yeah, based on the evidence that you've already presented me, the briefing and the law, you're more likely to win than those people. We're in a civil standard. So it's just the probability has to be greater for the party that's brought the motion. That's one likelihood of success on the merits. 2. I'll combine inadequate remedy at law and irreparable harm. It means we've got to preserve the status quo of what existed before the executive order to avoid something that can't be remedied by money. And we can't fix this. One of these people get murdered. We can't fix that with money. So irreparable harm, inadequate remedy at law, and the fourth prong of a TRO in every case generally in federal court is that the balance of equities tips in favor of the public or this party. Okay? Judge goes through those standards, also determines whether, you know, he's got jurisdiction, whether they're standing, there's Injury, in fact, that's going on. And then once they do that, you get this kind of order from Royce Lampert. Let me read to you from it. He credited, he credited the evidence that was presented by the three transgender women, he says in bottom of page eight, to prove an 8th amendment violation based on theories such as failure to protect or deliberate indifference. That's the argument that the Bureau of Prisons, through Donald Trump, is deliberately indifferent to the civil rights of the prisoners by housing transgender women with men. A plaintiff must show that both an objective and subjective element are met. The plaintiff must be confronted with an objectively intolerable, intolerable risk of harm. And prison officials must knowingly or recklessly subject the plaintiff to such a known risk. With respect to the transfer provision, the plaintiff cited to various government reports and regulations recognizing that transgender persons. This is taking government evidence and using it against them. That transgender persons are at a significantly elevated risk of physical and sexual violence relative to other inmates when housed in a facility corresponding to their biological sex, which the defendants do not dispute. So they're already lost. Because if that means that the Trump administration, even the acting Attorney General, didn't dispute that transgender people housed in the wrong facility are subject to heightened risk of sexual and violent crime, game over. I mean, it's just, it is mind boggling. They even come into court and make any argument at all. The judge also recognized that all of these people are suffering from or have as a condition, what's called gender dysphoria, as the judge said on page one, a condition marked by significant distress and a host of psychological and physiological symptoms when a person lives in a manner conforming to their biological sex. For several years, including while they've been in custody, the plaintiffs have been prescribed and have generally received hormone therapy to treat their gender dysphoria. That's who we're talking about here.
- [07:13]
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- [09:40]
Michael Popak
Judge goes on to say after saying that the Trump administration has conceded that these people are at high risk to be to be harmed, injured or killed, the plaintiffs further claim on page nine of his order, the plaintiffs claim that placement in a male penitentiary by itself will exacerbate the symptoms of their gender dysphoria even if they are not subject to physical or sexual violence. In other words, even if they're not attacked, just being just being treated like a man with their gender dysphoria is going to exacerbate this psychological or other condition. And because they will be subject to searches by male correctional officers made to shower in the company of men referred to as men, forced to dress as men, or simply because the mere homogeneous presence of men will cause uncomfortable dissonance and with respect to the medical medication provision, because Donald Trump of course in a mean spirited way, inhumane way, also cruel and unusually punishment way, cut off or wants to cut off their medical treatment. The plaintiffs have also provided an affidavit from a physician explaining the numerous and severe symptoms that may arise from failure to treat gender dysmorphia effects, which the defendants likewise do not contest Again, the Trump administration's like, yeah, we think that's true too, Judge. Yeah, we think they're going to get harmed or injured or killed or raped. Oh, yeah, we think it's going to exacerbate their dysphoria, but we don't care. The judge is like, okay, well, let's stop right there. You've already conceded the main points I need for my temporary restraining order. Nor did the Just listen to this more just concession by the Trump administration. That's how balls they are in a federal court. Nor do the. Nor do the defendants dispute the plaintiff's allegations that the Bureau of Prisons is subjectively aware that transferring the plaintiff' to a male penitentiary would substantially increase the likelihood of them experiencing the parade of harms. Indeed, the government resources and regulations to which the plaintiff's gesture in their complaint strongly suggests the requisite awareness on the part of the BoP. This just shows you the callous disregard by the Trump administration. And what I've said before, they don't really think that a lot of these executive orders are going to actually pass muster in front of a federal judge. And they come into court like, well, you know, that sounds right, Judge. We agree. We agree with the plaintiff on that. Yep, we agree with the plaintiff on that. But still, you shouldn't enter the temporary restraining order. Are you effing kidding me? So the judge finally got around to issuing the order as follows, which applies as of 7pm last night, February 4th. Ordered that the plaintiff's motion for a temporary restraining order is granted. And it is ordered that the defendants are temporarily enjoined and restrained from implementing sections 4A and 4C of the Executive Order 141 68. That's the one I've been describing here on the hot take. Ordered that pending further order of this court, defendants shall remain and continue the plaintiff's housing status and medical care as it existed prior to January 20th. That means we call that in the law the status quo. The status quo is the condition that was going on before the bad act or bad conduct, bad regulation happened. So judge takes the time machine, the wayback machine, back to January 20th and says, you don't do a darn thing. Don't change any of your providing of medical care as of January 20th before he signed the executive order effectively, or the housing of these people. And we'll get back to you on future decisions. Now, temporary restraining order stays in place until further order of the court, which means he'll now set a briefing schedule over the next month or weeks for both sides to Argue what's called a preliminary injunction. Preliminary injunction is one step further than a temporary restraining order. It means that the judge will keep this injunction coming up on full briefing and a more full record for appellate purposes until the end of the trial. I will tell you that in my 35 years, I've never not obtained the preliminary injunction after I've won the temporary restraining order. Maybe you can count on, you know, maybe it's 1 out of 100 that they judge oh, well, no, I was wrong. I'm not going to enter the temporary restraining order, the preliminary injunction, even though I entered the temporary restraining order. I mean, he looks at the record a new it could, but I'm telling you, it's very, very high likelihood, over 90% that the preliminary injunction will be entered. Then Donald Trump and his Trump administration and Pam Bondi can go take an appeal to the D.C. court of Appeals and maybe try to get to the United States Supreme Court if they're even interested. They don't have to take that case. So that's the steps that we're going to watch here. But it starts with the courage of Royce Lampert. Now, I did another hot take here on the Midas Dutch network and legal af about the revenge of the Jan6, not insurrectionist, the Gen6 judges who watched in horror the all of the evidence against the Jan6 insurrectionist handled their sentencing, including up to 22 years for violent crimes and then watch Donald Trump pardon them all. And now they're ready. And more than half the cases, there's already been 32 filed. More than half these cases against the executive orders and the constitutionally inhumane ruling decisions by Donald Trump are going to appear before these same D.C. judges. Royce Lampert, he's a Republican nominee. He wasn't, he wasn't put in place by, by, by Biden, by Clinton, by Obama because they're all united in the rule of law. And now they've got their chance. Right. And they've got an ax to grind, if you will. I'm not saying they're not going to, you know, look at things objectively and independently as a judiciary, but you do the math. I'm going to continue to do it for you here with this analysis on Midas Touch and Legal af Got a brand new channel. Come on over to Legal AFMTN from Midas Touch Network. I'm curating that channel. We're bringing you six to 10 case videos a day. Two to three cases are being filed against Donald Trump a day, four temporary restraining orders. Find out all about it in real time as it happens over on Legal afmtn and help us hit our goal of half a million at our half birthday. We're almost there. We're at 450 already in just four months. So until my next reporting here or on Legalif the podcast or on Legalif the YouTube channel. I'm Michael Popak.
- [15:48]
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- [16:13]
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