Trump Targets His Own Judge After She Ends His Plan

Summary

Legal AF by MeidasTouch — Episode Summary

Episode: Trump Targets His Own Judge After She Ends His Plan
Date: October 10, 2025
Hosts: Michael Popok (trial lawyer strategist), Ben Meiselas (host, not heard in transcript), Karen Friedman Agnifilo (not heard in transcript)
Theme: A deep legal and political analysis of Donald Trump's attempt to federalize the National Guard in Oregon, his administration’s defiance of a Trump-appointed judge’s restraining order, and the backlash from Trump and MAGA allies when that judge ruled against him.

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Episode Overview

This episode analyzes a rapidly developing legal fight over former President Donald Trump’s federalization of the National Guard and deployment across state lines — specifically in Oregon. The hosts break down Judge Karen Immergut's decisive legal intervention, Trump's public attacks on his own appointee, the legal misrepresentations in MAGA rhetoric, and what this means for the federal-state balance in times of protest and unrest.

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Key Discussion Points & Insights

1. Context of the Oregon National Guard Controversy

• Judge Karen Immergut, appointed by Trump, issued a late-night Temporary Restraining Order (TRO) blocking the federal deployment of National Guard troops into Oregon.
• Trump attempted to override state authority, claiming Portland was “war ravaged,” which contradicted reports on the ground.
• Judge Immergut found the statutory requirements unmet: no active rebellion, no foreign incursion, and no inability of local law enforcement to uphold the law.
  [01:00–03:57 | Michael Popok]

2. Trump’s Public Response and Blame-Shifting

• Trump publicly vented frustration, attacking Judge Immergut (his own pick), blaming others for her appointment, and denouncing the decision.
• He argued, “Portland is burning to the ground. You have agitators, insurrectionists. … The governor, the mayor, the politicians are petrified for their lives. And you have a judge like that.”
  — Donald Trump [03:57–04:27]

3. Legal Analysis: Powers, Precedents, and Overreach

• The Ninth Circuit Court of Appeals previously permitted the limited federalization of the California National Guard under specific circumstances — not as a precedent for multi-state deployment.
• California AG Rob Bonta highlighted in a clip that Trump’s actions in Oregon actually undermine Trump’s own position in ongoing litigation over LA National Guard deployment.
  [05:31–06:53 | Legal Analysts & Attorney]
• The courts are reinforcing that the President’s authority to use the National Guard is not limitless and is intimately linked to state sovereignty under the 10th Amendment.

4. The Escalation: Judge Immergut’s Second TRO

• After Trump sent in other state Guards in defiance of the initial order, Judge Immergut convened an emergency hearing and issued a second TRO, halting all federalized National Guard deployments into Oregon, regardless of their original state.
  [07:21–07:54 | Michael Popok]

5. MAGA Rhetoric and Misinformation

• Stephen Miller and right-wing media labeled Judge Immergut an “insurrectionist,” claiming “the President is the commander in chief, not an Oregon judge.”
• Popok counters: “You’re trying to commandeer the National Guard, which violates the 10th Amendment…”
  [09:35–13:28 | Michael Popok]
• Miller’s claims of “relentless terrorist assault” on ICE facilities were debunked as false; Judge Immergut’s opinion found minimal protest activity, no injuries, and no substantial property damage.

6. Constitutional Principles at Stake

• Judge Immergut’s order quotes founding era warnings against military overreach and asserts:

  “This is a nation of constitutional law, not martial law. Defendants have made a range of arguments that have accepted risk, blurring the line between civil and military federal power to the detriment of this nation.”
  — Judge Karen Immergut, reading from her order [around 12:40–13:15, paraphrased by Popok]

• Popok notes: “She’s not an insurrectionist. You just don’t like her rulings because you’ve done things that are wrong and unconstitutional…”
  [13:28 | Michael Popok]

7. Next Steps and Hearing Schedule

• The new TRO halts deployment for 14 days from October 19, with an October 17 hearing for possible extension.
• Motions for a preliminary injunction are due October 17, with briefing to follow by October 27.
• Trial on the merits is set for October 29, 2025.
  [13:28–15:16 | Michael Popok]

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Notable Quotes & Memorable Moments

• Donald Trump on Judge Immergut:

  “Portland is burning to the ground. You have agitators, insurrectionists. … You have a judge like that.”
  (Donald Trump, 03:57–04:27)

• Stephen Miller’s Reaction:

  “The President is the commander in chief of the armed forces, not an Oregon judge”
  (Paraphrased by Popok, 09:35–13:28)

• Judge Immergut’s Order (highlighted by Popok):

  “Are we a country of constitutional law or martial law? … This is a nation of constitutional law, not martial law.”
  (Judge Karen Immergut/Taken from her order, paraphrased at 12:40–13:15)

• Michael Popok on MAGA Backlash:

  “She’s not an insurrectionist. You just don’t like her rulings because you’ve done things that are wrong and unconstitutional once again and got caught doing it.”
  (Michael Popok, 13:28)

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Timestamps for Important Segments

• [01:00] Opening: Overview of Judge Immergut’s first TRO
• [03:57] Trump’s public comments on Judge Immergut (audio clip)
• [04:27] Legal analysis of Trump’s continued efforts and Ninth Circuit context
• [05:31] Clip/Comments: California AG (Rob Bonta) on the impact for LA case
• [07:21] Description of the emergency hearing and second TRO
• [09:35] Popok’s breakdown of Stephen Miller’s rhetoric and right-wing responses
• [12:40] Judge Immergut’s constitutional rationale, as highlighted by Popok
• [13:28] Popok’s commentary on MAGA backlash and upcoming legal timelines
• [15:16] Sign-off, previewing further Legal AF coverage

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Conclusion

This episode gives an in-depth legal and political analysis of Trump’s attempts to use military force inside the US, the swift judicial response from a Trump-appointed federal judge, and the unhinged backlash from the far-right. The hosts illustrate how the courts are reasserting constitutional limits and protecting civil liberties against executive overreach — all while exposing disinformation and political blame games at the top levels.

Stay tuned for ongoing coverage as the courtroom battle continues, with Legal AF promising real-time updates as the legal process unfolds.

Transcript

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[Michael Popak]

We got two startling developments in that Oregon National Guard takeover case with Judge Imbergut having issued a late night new written order, temporary restraining order to stop all National Guards troops from wherever they may be coming from, whatever state from flooding into Oregon. Donald Trump doesn't like it. Maga. World's gone nuts. Stephen Miller's called her an insurrectionist. And Donald Trump has also conveniently blamed other people for having picked Judge Karen Immergut. Supremely qualified a Trump pick back in the first term. It's always somebody else. Oh, Federalist Society. Oh, Leonard Leo. Oh, you misled me. She didn't rule for me. She didn't rule for you because you are violating the statutes that allow you to send in and federalize the National Guard into places like Oregon, Oregon. And then in Defiance when she ordered you to stand down and to not take command of the Oregon National Guard because the elements that are necessary in order for a president to do that are not present. It's not limitless. Then you sent in the California Guard and you sent in the Texas Guard and you got slammed again. Donald Trump doesn't like any of it. I got a great clip of Donald Trump losing his mind. Another one in reference to Stephen Miller's comments and those right on cue of right wing conservative media who's all lost their mind over Judge Karen Immergut will do an examination of her life and career as well right here on the Midas Touch Network and on Legal af. How do we get here? Donald Trump said that Portland is war ravaged. Except the problem is nobody in Oregon really believes that. And there's only been one or two incidents of interactions between protesters around ICE facilities and federal officers and nobody's gotten hurt. Peaceful protest is called First Amendment freedom of freedom of expression and right to peaceably assemble and petition your government for redress of your grievances. It's all right there in the Constitution and the Bill of Rights. So the case got assigned to Judge immergut and about 4:30 on Saturday she issued temporary restraining order number one. Temporary restraining order number one said no. Under the statute, we call it section 124 06. There's no rebellion present, there's no foreign incursion, no foreign war present. And you're not having difficulty as the executive, you know, the president in executing federal law because local law enforcement can handle all of it. Well, Donald Trump didn't like any of that. And so when asked by reporters about his own Trump pick, of course embarrassed, here's what he had to say. Let's roll a clip point at the.

[Donald Trump (clip)]

Judge and he goes like that. So I wasn't served. Well, obviously I don't know the judge, but if he made that kind of a decision. Portland is burning to the ground. You have agitators, insurrectionists. All you have to do is look at the, look at the television, turn on your television, read your newspapers, it's.

[Podcast Host/Co-host]

Burning to the ground.

[Donald Trump (clip)]

The governor, the mayor, the politicians are petrified for their lives. And you have a judge like that. He ought to be, that judge ought to be a.

[Michael Popak]

All right, so Donald Trump decides to exercise his non existent war powers in this scenario and send in the California Guard. Remember, the California Guard was a specific allowance, if you will, by the Ninth Circuit Court of Appeals to allow under those limited circumstances of some real clashes between federal officers and local and local people in California to allow the National Guard to be commandeered by Donald Trump for a period of time, not to be able to export them, the National Guard to other states under different factual scenarios. That's not what the Ninth Circuit had to say for itself. In fact, I asked Rob Bonta, the attorney general late last night after they got the second order about how these actions impact their case in California, which is still pending in front of the Ninth Circuit. He thinks it's a big help, it's a gift that they're going to take. Let's play the clip.

[Legal Analyst]

But everything reports up in these cases to the same Ninth Circuit Court of Appeals and I would think they're not. It strengthens your hand certainly in the California Ninth Circuit case to see how Donald Trump has interpreted unique set of facts that he was able to at one time convince the ninth Circuit about. Now trying to take them on the road to go to any state that.

[Michael Popak]

He says, well, I'm having trouble enforcing.

[Legal Analyst]

The law, let me just take it. I don't think that's what the 9th Circuit three judge panel had in mind, do you?

[Attorney/Legal Expert]

I don't. And look this. On August 8th, Trump deployed 300 National Guard for 90 days longer in Los Angeles arguing that they are necessary and essential to enforce the federal laws and to keep people safe. And then today he's like, nah, maybe I'll send all of them to Portland. They don't need to be in la. So it completely undercuts his position in our case in la. And we're going to make that known to the court that these federalized National Guard are so essential and so necessary to keep the peace and keep public safety that they were all sent away a thousand miles away to another.

[Legal Analyst]

You were given a gift Ag I.

[Attorney/Legal Expert]

Mean it is deplorable what happened. And we are going to let the court know how it impacts, you know, the case that we have.

[Legal Analyst]

I like the fact that Immergut, Judge Immergut in her Saturday order actually tipped her hat to your judge in California, Judge Breyer, and said I like what the district court judge did about how you spot a rebellion. I think those, I think so. So once I saw that. All right.

[Michael Popak]

Now once, once Trump tried to do that in open defiance of the federal judge, Judge Immer got called an emergency hearing last night at 7pm Pacific Time Sunday night about the new second temporary restraining order that the California Oregon filed along with California about this defiant act asking for a second TRO. And the judge after a hearing granted the second tro.

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[Michael Popak]

Now here's what here's what Stephen Miller, who always leads the gang here, the Rogues Gallery, here's what he had to say. Stephen Miller said after the first ruling. He called it legal insurrection, effectively calling her an insurrectionist and a traitor. The President is the commander in chief of the armed forces, not an Oregon judge, right? You're not commanding the armed forces here, Stephen. You're trying to commandeer the National Guard, which violates the 10th Amendment and the power given to the states and our federalist system. He goes on though Portland and Oregon law enforcement, at the direction of local leaders, have refused to aid ICE officers facing relentless terrorist assault and threats to life. Let me just make this clear, there is zero evidence of any of that happening. In fact, if you read, and I have it up on substack, if you read the 31 page opinion by Judge Immergut, she says there's about, I don't know, 20 or 30 people that are still protesting that even at its height there were no injuries to or damage to ICE buildings or injuries to ICE officials. So that's a lie. This is an organized terrorist attack on the federal government and its officers and the deployment of troops is an absolute necessity to defend our personnel, our laws, our government, public order, and the Republic itself. Has he been to Oregon? I'm sure the judge, while sipping her latte on the very safe streets of Portland, found this description of war ravaged Oregon to be quite peculiar. In fact, she said in her own order that Donald Trump's view of Oregon was not tethered to reality or to the facts. You know, a little, a little minor problem right on cue. Other right wing MAGA people started calling the ruling unacceptable intrusion on core executive branch function. I don't think they understand. I know they don't understand because they bury their head in the sand how our federalist system works and the power to the state. This is what Judge Imbergut had to say in her in her order. Give me one second here, she said on page 30 of her original order. And these words resonate. Are we a country of a constitutional law or martial law? She said this country has a long standing and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs. That tradition has deep roots in our history and found early expression, for example, in the constitutional provisions for civilian control of the military. That's why we have to see Pete Hegseth parade around as the as the Secretary of War. She then quotes from James Madison the address to the constitutional convention in 1787. A standing military force with an overgrown executive. Isn't that what we have right now? An overgrown executive will not be safe, will not long be safe. Companions to liberty, the means of defense against foreign danger have been always the instruments of tyranny at home. This historical tradition boils down to a simple proposition. Judge Immergut said. This is a nation of constitutional law, not martial law. Defendants have made a range of arguments that have accepted risk, blurring the line between civil and military federal power to the detriment of this nation. Stick that in your pipe and smoke it.

[Legal Analyst]

Right?

[Michael Popak]

Right wing maga. She's not an insurrectionist. You just don't like her rulings because you've done things that are wrong and unconstitutional once again and got caught doing it. So we're going to continue to follow what happens next. New temporary restraining order is out. I'm posting it on I'm posting on legal AF substack. Here's what it says. Defendants, which is the Trump Donald Trump and his administration are temporarily enjoined from deploying federalized members of the National Guard in Oregon regardless of where they come from. So stand down Texas, stand down Georgia, stand down all them. The ruby red MAGA states, you're not sending your National Guard because Donald Trump asked you to. Oregon. This, this one will expire 14 days from October 19th. She's then going to hold a another hearing on October 17th to address whether it should be extended for another 14 days. She's going to she's asked that a motion for preliminary injunction, the next level up in injunctions, be filed by October 17th and full briefing by the 27th. Of October. And then she wants a hearing on the preliminary injunction and a trial on the merits. New trial set now October 29, 2025 at 9am we'll cover it on Legal AF, the YouTube channel. We'll put it up as a live report as soon as we're able to get in on the on the phone. It won't be televised, but on the phone audio. We'll put it up on Legal AF YouTube. So in the meantime, I'm Michael Popak. Fast moving story. Look for my updates on Legal AF Substack Live. So until my next report, this is Michael.

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