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TACOs And Gumbo (feat. Adam Klasfeld)
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Thursday, May 29th, 2025 Today, a federal judge STRIKES DOWN Trump's entire executive order targeting the Wilmer Hale law firm for political retribution; Judge Chutkan allows a lawsuit seeking to enjoin Elon Musk and DOGE's operations to proceed; another federal judge has ordered the release of the Russian scientist that brought inert frog embryos into the US; yet another judge blocks Trump’s attempt to stop congestion pricing in New York; immigration courts are dismissing cases of those sent to El Salvador potentially cutting off their return; the Government Accountability Office rebuffs Trump’s power grab; another SpaceX Starship launch fails while Musk cries about people not liking him; U-Haul bans Patriot Front nazis after they rented their trucks for a march in Kansas City; the Tate brothers have been charged with rape and sex trafficking in the UK; Nancy Mace’s former staff claim she had them create burner accounts to promote her online; Trump gets mad about the Wall Street ...
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- [00:00]
Alison Gill
MSW Media hello and welcome to the Daily beans for Thursday, May 29, 2025. Today, a federal judge strikes down Trump's ENT executive order targeting the Wilmerhale law firm for political retribution. Judge Chutkan is allowing a lawsuit seeking to enjoin Elon Musk and Doge's operations to proceed. Another federal judge has ordered the release of the Russian scientists that brought inert frog embryos into the United States. And yet another judge is blocking Trump's attempt to stop congestion pricing in New York. Immigration courts are dismissing cases of those sent to El Salvador, potentially cutting off their return. The Government Accountability Office has rebuffed Trump's power grab. Another SpaceX Starship launch has failed. While Musk cries about people not liking him. U Haul has banned Patriot Front Nazis from renting their trucks after they did just that for a march in Kansas City. The Tate brothers have been charged with rape and sex trafficking in the uk Nancy Mace's former staff is claiming she had them create burner accounts to promote her online. Trump got mad about the Wall street acronym TACO during a press conference. And tons more news happening today. I'm your host, Alison Gill. All right, I think we're close to a record on the number of headlines today and more are coming in like as we're talking right now. First of all, I want to apologize for yesterday, Tim Apple, as we know, Tim Cook did us dirty for some reason when they posted Apple our podcast, the Daily Beans, on the Apple app. They put it behind a paywall. We have since fixed that problem. So you can now listen to yesterday's podcast for free. And we're sorry about that. We don't understand why Apple did that to us. Also, join us June 14th for the new Kings rally. I'll be doing some speaking at the one downtown San Diego. Hope you can make it out. Hope to see you in your Beans shirts. Maybe put some beans on your sign so we can find you, but that's going to be a really fun march. Also, Dana's going to be back in a few days, I promise. Thank you again for hanging in with me solo. And thanks to Andy McCabe for filling in for Harry Dunn on this week's cleanup on aisle 45, which came out yesterday. Really appreciate Andy doing that. Also, send us your good news. We need all the good news we can get. We're trying to microdose Hope over here because everything is a shit show. So send it to us@dailybean spot.com and click on contact. And like I said, there's so much breaking news happening right now, Wednesday evening as I record this show, that we're going to have to move some of it to tomorrow. For, for example, Trump has nominated Emil Bovey to the Third Circuit Court of Appeals. I believe this is one of the vacancies that Chuck Schumer traded away in order to get more district court judges appointed. Before Biden left office, there were two vacancies in the Third Circuit and he's going to get one of them. So I'm not sure if this is one that we traded away or a different one, but that's happening. I imagine there'll be a party line vote. I hope all the Democrats in the Senate vote against this and maybe we can convince a few, dare I say, sane Republicans to vote against ML Bovey as well to sit on the bench of the Third Circuit. So call, you know, call those people, call Murkowski, call Collins and see if you can talk them out of voting for this guy. And remember those four small businesses that sued Donald Trump over his stupid tariffs? Well, a judge just ruled in their favor. So I'm going to go over that tomorrow as well in more detail so I can get the stories ready. I'd like to just getting the information now as I sit here. Also, later today in the show, we're going to be joined by Adam Klasveld from All Rise News to talk about a couple of other court findings that were pretty surprising. And the Trump administration going to the Supreme Court, skipping over the First Circuit Court of Appeals, totally leapfrogging them without saying really why they can do that and complaining about something that they asked for and how Judge Katanji Brown Jackson has decided how long that's going to take for the Supreme Court to consider. So we talk about that with Adam Klassfeld later in the show. But again, we have so much news to get to. So let's do it. Let's hit the hot notes. Hot notes. All right, everybody. First up from NBC News. Before he was sent to an infamous supermax prison in El Salvador under the Alien Enemies Act, Andre Hernandez Romero was waiting for an immigration judge to decide whether he would be granted asylum in the United States. And even after his deportation, Hernandez's lawyers fought to keep his asylum claim open as a way of ensuring he did not disappear from the American legal system. But an immigration judge in San Diego dismissed Hernandez's asylum claim on Tuesday, one of at least 14 such dismissals to take place in recent weeks. This has immigration attorneys concerned that the dismissals are the Trump administration's latest tactic in evading due process to ensure that those sent away disappeared have no means to return. Quote it seems the government's intention in dismissing these cases across the country is to complete the disappearance of people to El Salvador, to end their legal proceedings, and to act as though they weren't here seeking asylum in the first place. That's Lindy Toslowski, executive director of the Immigrant Defenders Law center, which is a nonprofit representing Andre Hernandez and seven other Venezuelans deported to El Salvador. Andy McCabe and I are going to cover this in depth on this weekend's Unjustified podcast. Next up From Reuters A U.S. judge on Tuesday allowed a group of 14 states to move ahead with a lawsuit challenging Elon Musk's efforts to slash federal spending as the head of Trump's new government efficiency agency, rejecting the Trump administration's effort to dismiss the case, U.S. district Judge Tanya Chutkan, however, dismissed the state's claims against Trump himself, saying that her court would not try to interfere with the performance of his official duties as president. Thanks to the Supreme Court, the state's lawsuit could proceed against Musk and Doge because it made plausible claims that Musk's cost cutting activities were unauthorized by any law. That's according to chutkin's ruling in D.C. in federal court, the attorneys general of New Mexico, Oregon and 12 other states filed their lawsuit in February alleging that Trump has given Musk unchecked legal authority without authorization from Congress. The lawsuit seeks to halt Doge's efforts to slash federal spending and shut down U.S. agencies disfavored by Donald Trump. Quote, the court is right. The Constitution says Musk can't run the federal government unless the Senate confirms him. That's what Oregon's Attorney General Doe Dan Rayfield said on Tuesday. So that lawsuit will proceed. And from the Guardian, A federal judge in Vermont on Wednesday released a Russian born scientist at Harvard University. A researcher released her from immigration custody as she deals with a criminal charge of smuggling frog embryos into the United States. Colleagues and academics also testified on Petrova's behalf, saying she's doing valuable research to advance cures for cancer. Quote, it's excellent science. That's what Michael West, a scientist and entrepreneur in the biotech industry, testified to on Petrova's research papers. He said he does not know Petrova personally, but has become acquainted with her published work, citing one in which she explains that quote by mapping embryonic development. Novel ways of intervening in the biology of regeneration and aging. Petrova, who's 30 is currently in the custody of the U.S. marshal Service in Louisiana. She's expected to be brought to Massachusetts as early as Friday in preparation for a bail hearing next week on the smuggling charge. Quote, we're gratified that today's hearing gave us the opportunity to present clear and convincing evidence that Petrova was not carrying anything dangerous or unlawful and that customs officers at Logan International Airport had no legal authority to revoke her visa or detain her. That's what Petrova's lawyer, Gregory Romanovsky, said in a statement. He went on to say, at today's hearing, we demonstrated that Petrova is neither a danger to the community nor a flight risk and does not belong in immigration detention. And from ABC News, a federal judge has temporarily blocked the Trump administration's efforts to enforce New York City to end its congestion pricing program. This is Judge Lewis Lyman, a Trump appointee. He granted a temporary restraining order on Tuesday barring the administration from withholding federal funds, approvals or authorizations from New York State or local agencies to enforce compliance with its demands to terminate the toll program. The order is in effect until June 9th. In his order, Lyman said the Department of Transportation and Federal Highway Administration are, quote, temporarily restrained from taking any action to implement or enforce compliance after rescinding federal approval of the toll program. And from the Associated Press. Oh, this brings me joy. Andrew and Tristan Tate have been charged in Britain with rape and other crimes. That's according to prosecutors who said this on Wednesday. The charges were authorized in January of last year but not publicized, though news media at the time reported on a UK arrest warrant issued against the Tates, who are dual US and British citizens that moved to Romania in 2016. The Crown prosecution Service said this was the first time it confirmed the two had been criminally charged in Britain. Andrew Tate, who's 38, faces 10 charges related to three women that include rape, actual bodily harm, human trafficking and controlling prostitution for gain. Tristan Tate, 36, faces 11 charges related to one woman that include rape, human trafficking and actual bodily harm. The Tates were arrested in Romania in late 2022 and formally indicted last year on charges that they participated in a criminal ring that lured women there where they were allegedly sexually exploited. Andrew Tate was also charged with rape. Now, of course, they've denied all the allegations in Romania, and Romanian courts have issued an order to extradite the two to the United Kingdom once their court case is concluded there. Fuck those dudes, seriously. And from the Associated Press, after back to back explosions, SpaceX launched its mega rocket starship again on Tuesday evening, but fell short of the main objectives when the spacecraft tumbled out of control and broke apart. The 403 foot rocket blasted off in its ninth demo from Starbase, SpaceX's launch site at the southern tip of Texas. Now CEO Elon Musk's SpaceX hoped to release a series of mock satellites following liftoff, but that got nixed because the door failed to open all the way. Then the spacecraft began spinning as it skimmed space toward an uncontrolled landing in the Indian Ocean. Uncontrolled landing, also known as crashed. SpaceX later confirmed the spacecraft experienced a rapid unscheduled disassembly, or it exploded. Teams will continue to review data and work toward our next flight test. That's what the company said in an online statement. Musk noted in a post on Twitter that it was a big improvement from the two previous demos. Oh my God, what the fuck? Because both of them ended in flaming debris over the Atlantic Ocean. Big improvement. We just spun out and crashed. This time we didn't catch fire. At least that's how Musk is spinning this. All right, next up from Wired, they're doing some amazing reporting and this is pathetic, by the way, Nancy Mace, the South Carolina Republican congresswoman often tells her staff she's a self taught coder. There's one aspect of how Mace presents her tech expertise as befits her role in shaping the Republicans policies on technology and work as chair of the House Subcommittee on Cybersecurity, Information Technology and Government Innovation. I'm a coder. I belong here. Self taught, quote. I would say it was at least a weekly comment, if not daily, says one of several former Mace staffers who spoke with Wired. Another found her high regard for her skills somewhat at odds with her demonstrated ability, a principle. An unusual use to which Mace put her skills, according to former staffers, was setting up burner accounts on multiple social media platforms to monitor what people were saying about her and bolster her image. They also claim she requested that staffers make their own burner accounts to defend her online quote, we had to make multiple accounts, burner accounts, and then go and reply to comments saying that they weren't true, even on Reddit forums. That's what a former staffer said, quote we were congressional staff and there were actual things we could have been doing to help the constituents. You can read this account over@wired.com check it out. Next up from Politico, Wall street has a new shorthand about President Donald Trump and he's not happy about it. Traders have reportedly come up with the acronym taco, which stands for Trump always chickens out to take advantage of the trade environment created by the president's habit of threatening to impose tariffs on countries and then backing off at the last minute. Trump bristled about this when asked about it Wednesday in an Oval Office press conference. Standing right kind of near him, behind him was Jeanine Pirro, probably trying to figure out what wine pairs best with tacos. And Trump said, don't ever say what you said. That's a nasty question. That's what Trump told a journalist who asked for his response to taco. To me, that's the nastiest question. That's what he said. Trump rejected the idea that he, he has these reversals on tariffs and that they amount to him backing down, saying that usually he receives a different critique. They say, oh, he was chicken, he was chicken. That's so unbelievable. That's what Trump said about the EU tariff extension, adding, I usually have the opposite problem. They say I'm too tough. The taco trades, first coined by the Financial Times, are one of the ways Wall street has managed to profit from the chaos of the Trump administration. Next up from democracy docket, Elon Musk's DOGE attempted to install its own officials at the gao, the Government Accountability Office, a key legislative branch watchdog, Friday, but was denied by GAO staff. I love this. By trying to assign DOGE officials to the gao, President Trump may be attempting to assert that the congressional agency is part of the executive branch. The president has taken similar steps against the Library of Congress, which is also part of the legislative branch, by firing the Librarian of Congress and appointing Deputy Attorney General Todd Blanche in her place. Now, doge's attempts to install officials at gao, which was first reported by notice, was stymied by GAO staff who asserted that the office is beyond Trump's control. A GAO spokesperson said that to Democracy docket, quote, I can confirm that GAO has been contacted by DOGE staffers seeking to assign a team to GAO, citing the President's January 20 executive order entitled Establishing and Implementing the President's Department of Government Efficiency as a legislative Branch Agency. GAO is not subject to executive orders and has therefore declined any request to have DOGE assigned to gao. Unquote. Now, this next story is great. This is from the Kansas City Star. U Haul International took swift action against members of the white nationalist group Patriot Front who rented its trucks to transport those participating in a march Saturday in downtown Kansas City. Those who signed the rental contracts are now prohibited from any future business with U haul. That's according to spokesman Jeff Lockridge. Great. But how are you going to prevent other people from signing up for the trucks anyway? Quote, action was taken immediately by our teams on Saturday, May 24. Once we received license plate numbers and confirmation that our equipment had been misused, the customers on the contracts were banned from doing business with us. They breached the terms of the rental contract by transporting people in the cargo area. They no longer have rental privileges. Of course, we do not support this group and what they represent. We have no desire to be affiliated with them in any way. Talk continued throughout Memorial Day weekend and into Tuesday after scores of masked Nazis from Patriot Front descended on Kansas City on Saturday, holding a rally at the National World War I Museum and marching downtown, carrying flags and chanting. Many questioned why Kansas City police didn't make any arrests or cite the group for transporting members in a U Haul. Patriot Front is a white nationalist and, quote, avowedly fascist nationwide organization, unquote, that was formed in the aftermath of the deadly Unite the Right rally in Charlottesville, Virginia in 2017. That's according to the Institute for Research and Education on Human Rights. So at least the guys who rented the trucks for Kansas City are banned for life. And I'm assuming if this happens again and you see it and you get those plate numbers, tell U Haul and hopefully they'll ban the people who signed up for those trucks as well. Because when people sign up to rent these trucks, they don't tell them they're with the Patriot Front. They just sign their names to it. So keep reporting these trucks and these plates to U Haul and hopefully they'll keep banning the people who signed those contracts. All right, everybody, it's time for some good trouble. What are you guys doing? Your mission, should you choose to accept it, is that some more guidance has gone out from the Department of Health and Human Services about gender affirming care for minors. And they have another snitch line, a form you can fill out online. So if you created one of those ProtonMail accounts to protect yourself, you can use it again for this. Because they're looking for us to go in and talk about, maybe, maybe be a protected whistleblower about gender affirming care that you see happening in the community. But instead, perhaps we can use this link to talk about all of the dangerous things RFK Jr is doing to kids, like taking recommended Covid vaccines away from healthy children, for example, not doing anything about the measles outbreaks, especially in Texas. Anything to protect kids, actual protecting of kids. And that snitch line form to fill out, we will have in the show notes. It's also in case you want to go check it out yourself. You can do so by going to here. I'm gonna. I'm gonna actually go to this. It's HHS.gov protect kids. That's where you go for whistleblower tips and complaints regarding chemical and surgical mutilation of children. We've put. Put this snitch line out on Good trouble before, but now perhaps we can use it again to inundate them with the actual harm they could be doing to children by removing vaccines from recommended vaccination schedules. And I mean, really, anything that. That you want to talk about that is, that's going to potentially harm children, removing fluoride, things like that. So Again, that website, HHS.gov protect hyphen kids, and that is your good trouble today. Everybody. Stick around. We'll be right back with Adam Classfeld after these messages. We'll be right back. Hey, everybody. I've always been pretty picky and also kind of boring about what I wear. It's usually just black stuff. It's usually just like black leggings and black tank tops. And I wanted to shake it up, you know, but for so long, I just. I like what I like. And I never really got into style boxes because they feel like guessing games and no personality. Maybe they're chosen by computers or whatever. And I didn't think a subscription service could actually get my vibe right. But then I found Daily Look. Oh, my gosh. Thanks to Daily look, the number one personal styling service for women for sponsoring us today. So make sure you use our promo code, Daily Beans, so that they know I sent you. And just go to dailylook.com for 50% off. Daily look doesn't use algorithms or random stylists. Each month that change, right, you get matched with a real consistent personal stylist who takes time to understand your shape, your preferences, and your lifestyle. It starts with a very detailed profile, and then the magic happens. This is so awesome. Your stylist sends you a box of up to 12 curated pieces to try on at home, and you keep what you love and you send back the rest. And I have to tell you, when I unboxed this thing, first of all, it was packed so beautifully. There was this lovely blue silk ribbon around the clothes. There was some tissue paper. I love the box. And I opened it, and every single piece that they sent me fit perfectly like a glove, Was comfortable, was just like, exactly my style, but more colorful. It was truly amazing. So you know, they sent me this really cool long sleeve dress with a sort of like a mock turtleneck that you know is just super professional. I also got a really cool denim jacket. I got some high waisted jeans and I don't usually wear jeans but these are so flattering. So it's just truly a wonderful service. Daily look works with brands like Kate Spade, Good American and Spiritual Gangster. They carry sizes from extra small to 3x and 0 to 24 and everything is curated with care. So if you want fashion that actually fits your life and your body, this is the way to do it. So it's time to get your own personal stylist with Daily Look. Give it a try. Head to DailyLook.com to take your style quiz and use code Daily Beans all one word for 50% off your first order. Once again, that's DailyLook.com for 50% off. And make sure you use our promo code Daily Beans. So they know that we sent you one last time dailylook.com promo code dailybeans. You'll be glad you did. Hey everybody. Welcome back. So, as you know from yesterday's episode, if you heard it, Apple kind of screwed us over by making it for subscribers only. We're still trying to work through that. Thanks, Tim Apple. But anyway, if you did hear yesterday's episode, there was a lot going on in the docket and there was so much other news, we really couldn't get into it. So joining us today to talk about specifically, but also other things, Judge Leon's interesting submission to the docket is the founder of All Rise News, co founder. Co founder or founder.
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Adam Klassfeld
Right, right. Co founder.
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Alison Gill
Co founder of All Rise News and my good friend Adam Klassfeld. Hi, Adam. Welcome.
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Adam Klassfeld
Thank you, Alison. Always great to be here.
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Alison Gill
All right, so what kind of Douglas Adams stuff do you have for me today? I'm just kidding. But though, seriously, because there were, I think I was looking at social media and I had read this opinion from Judge Leon, talk about who appointed him. His use of 24 exclamation points, only one of them belonging to Donald Trump and his gumbo analogy. I mean, it was just the most fascinating thing I've read on a court docket in a long time.
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Adam Klassfeld
It really was. And I'm just checking one thing right now. So he is a George W. Bush appointee. But just to do a small correction here, 26 exclamation points. There is a 27th, but I'm going to be a stickler here because the 27th quoted one of Donald Trump's exclamation points. And as listeners know, it is not uncommon for Trump to be prone to rhetorical excess and exclamation points and all the like. It is very uncommon for a federal judge to be so exasperated by a litigant that the opinion that they author is absolutely littered with exclamation points like they are a 1920s dramatist. You know, that he's doing his best pantomime of Clifford Odets here. And if you look at the first paragraph of this ruling, there are two of those exclamation points appear in the first paragraph. And those sentences are the founding Fathers knew this exclamation point. Then he said, for the reasons set forth below, I have concluded that this order must be struck down in its entirety as unconstitutional. Indeed, to rule otherwise would be unfaithful to the judgment and vision of the Founding fathers. Exclamation point. And the ruling goes on in that way. There are two times when he alludes to an argument by the attorneys for the law firm Wilmer Hale, and they're one of the firms that Trump targeted. This is the unconstitutional and illegal ruling that this judge is striking down and addressing their arguments. WilmerHale's arguments, he says twice, I agree. Exclamation point. One time he hears the arguments of the administration and says, please. Exclamation point. And another instance, here's another argument by the administration and says, please, that dog won't hunt. So this is a judge that is totally exasperated and incredulous of what he is having to deal with. I've joked with people that they broke Judge Leon. I have never seen such an even tempered jurists from the George W. Bush era move to exasperated exclamation point to exasperated exclamation point, talking about the unconstitutionality and illegality of what he has been forced to contend with, which he, as we've spoken about, Alison, memorably described in a footnote as a gumbo. Where the first section the of the order, the executive order targeting this law firm is the roux of this gumbo. And the rest of the sections with all of these severe sanctions against the firm for his personal vendetta are all put together. A concoction that, as he says, gives him heartburn.
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Alison Gill
That's what he says. He says, it's in a footnote. The order is akin to a gumbo. Sections two through five are the meaty ingredients, for example, the andouille and the okra, the tomatoes, the crab, the oysters. But it's the roux Here, section one, which holds everything together. A gumbo served and eaten with all the ingredients together. And so too must the sections of the order be addressed together, as explained in this memorandum opinion. This gumbo gives the court heartburn. Now talk a little bit about what he's ruling on, because you mentioned Wilmer Hale, you mentioned the executive hoarder, which is the gumbo section one, the roux that holds it all together and everything else, the meaty parts that give the court heartburn. And basically was trying to explain this is why we have, I'm striking this down, the entire executive order down is because it has to be done all at once.
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Adam Klassfeld
Right.
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Alison Gill
We can't separate out these ingredients, so to speak. And so this is about the law firm Wilmer Hale, which is one of the, one of the law firms that is fighting back against the Trump administration's executive order to bar certain law firms, attorneys from federal buildings and to strip them of their security clearances. And to, you know, that, I mean, the, the whole thing is just really targeting a very important part of the judiciary. And that's kind of what he's getting at here with. Please. And the founding Fathers knew this and, and you know, his multiple exclamation pointed ruling.
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Adam Klassfeld
Right. Well, let's pick apart the judge's gumbo for a second. The part that he identifies as the root, that Trump has issued a number of these executive orders. And there's a formula to it where in the first section, he talks about all the things he doesn't like about the firm, and it's nakedly retaliatory. He says, I don't like your firm because you employed Bob Mueller. And that was the case with Wilmer Hale, with Jenner and Block. He says, I don't like the firm because they worked with Andrew Weissman. And it goes down the list where firms that were involved in 2020 election litigation, it's all in section one, where he essentially says, in all of these cases, I'm retaliating against this law firm because they associated with these lawyers against whom I have personal vendettas. He phrases it differently, but that's the crux of it. And that's why every judge who has looked at these has struck them down because they're just so nakedly unconstitutional against the First Amendment of the Constitution, against the Fifth Amendment for due process, against the Sixth Amendment right to counsel for all of the people who want to retain those firms for their own actions, whether to challenge the government's behavior or unconstitutional actions or for any other reason. So These are the grounds on which the judges have been striking these orders down. And the roux, as the judge analogizes it, is this first section where Trump articulates exactly why he has a vendetta against the firm. And then sections two through five are what he's going to do about it. He's not going to let their lawyers into federal buildings. He's not going to let their lawyers get security clearances. He's going to make lives miserable for the firms and not only their lawyers. As the judges have noted in these rulings, they penalize anyone who works with these multibillion dollar entities. If you work in the mail room, you might find yourself unable to enter a federal building. It's unclear from the text of the order just how expansive it is. So what you have here is every time a law firm challenges this vendetta from the White House, they win. And that has. That's just been the case down the line. There has not been a single defeat on the merits. There's one case left, left, and it's Sussman and Godfrey. We'll hear from that case soon. But it's not looking good for the administration there either, because all of this is just so palpably and nakedly unconstitutional that it just keeps getting struck down. Because it says right in the beginning of all of these orders that Trump is punishing the law firms because they associated with people that they don't like. And that's what the judges are saying is just a transparent First Amendment violation.
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Alison Gill
Yeah. And I think the courts are losing a lot of the faith that the Department of Justice has built up over years and years in their candor. Losing faith in their candor. We had. This is pretty unbelievable. So there's a case on the docket right now of about seven people who were sent to South Sudan. They were on their way to South Sudan, stopped in Djibouti. There was a hearing. The judge said, you know, the plaintiffs wanted them to be brought home, to be given due process. And the judge was like, the DOJ was like, well, we'd rather not bring them home. We'd rather, you know, if we have to give them due process, we'd rather do it on the ground in Djibouti. And the judge is like, all right, what would that look like? Are you going to fly people out there? Are there going to be translators and interpreters? Where are you going to put them? You got to give them 15 days. Are you going to put them, House them at the military base, blah, blah, blah. And they Hashed all this out with the, you know, with the. The judge saying, you sure you don't want to bring him back? You'd rather do this here? And they're like, yeah, we'd rather do it in Djibouti. And then they immediately went to the district judge and then skipped the First Circuit altogether and went straight to the Supreme Court saying, it's not fair that we have to do this on the ground in Djibouti. Please put a stay on this, make this stop. You know, I don't know why they thought they could do this. And in fact, in their filing to the Supreme Court, they actually lied and said that the district court judge forced them to do this on the ground in Djibouti. The judge was like, you can bring them home if you want. You can do it there. You can take them to a third country and do it. You tell me what you want to do. And the government was like, if we have to give people due process, we would rather do it on the ground in Djibouti. And then that a couple hours later, that empty plane in Djibouti flew back to the United States without these people on it. They could have just come back to the United States, but they didn't, because that would be losing, I guess. And now they're telling the Supreme Court in what I think is possibly a sanctionable filing because they misrepresented the fact that the district court, district court forced us to do this on the ground here. That was their idea. And now we've got Judge Ketanji Brown Jackson saying, you know what? This is this. We're going to give the plaintiffs a week to respond to this, which is, you know, seems like there's not a huge, big urgency to help the government out with the position they've put themselves in. What are your thoughts on this?
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Adam Klassfeld
Well, I mean, you put your finger on it with Justice Jackson. She just. By saying, okay, deadline, June 4, that spoke loudly because the application asked for an immediate stay. And so whenever there is an application before the Supreme Court, it goes to the Circuit justice. And Justice Jackson is the justice for the First Circuit that the Trump administration is trying to leapfrog over. And Justice Jackson said, okay, your application for an immediate stay will hold until at least June 4th, where we're going to hear from the other side. It seems that the administration's really overplaying their hand here. As you noticed, Alison, this was what the government wanted. You could not have Judge Murphy bend over backwards more at that hearing. I was listening to that hearing when it took place at the time, and we spoke about it at the time too, and that was an accommodation. He said, okay, whatever you do, you need to give people notice and due process for a reasonable fear interview. And let's unpack that from the legalese. Do these people have a reasonable fear that if they're taken to an active war zone in South Sudan where a fragile peace accord just collapsed and notoriously human rights abusing nation takes these men, that they would fear some sort of human rights abuse from a notorious human rights abuser in the grip of war? That's what this is about. And the judge gave them the option to do this part of due process that the Supreme Court signed onto nine zero. Now it was a nine zero decision. Even Alito and Thomas said that there was some notice and process due. So the crux of Judge Murphy's ruling was that, okay, some notice and process needs to be given according to the Constitution, the Supreme Court. And as he put it, I think in his ruling, common sense and common decency. So he said, if you think you can do that on the ground in Djibouti, I will defer to DHS and you're going to have to comply with my order any way you see fit. But I'm not going to defy Supreme Court's precedent and let you run roughshod over the Constitution.
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Alison Gill
And what's interesting too, Adam, is that the plaintiffs were like, look, we really would prefer that you just bring these folks home. And they started to talk about. The plaintiffs started to talk about some of the obstacles you might run into trying to give people due process in Djibouti. They're like, are you doing it on the back of a plane? Are you going to house them at the military installation? Do we have to fly our lawyers out there or can we do it virtually? Are there going to be interpreters? This seems like a really, really difficult way to do this. That's why we prefer they be sent back to the United States.
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Adam Klassfeld
Right?
- [37:23]
Alison Gill
So he didn't, as in other courts, like with Abrego Garcia, order that they be facilitate the return of these people to the United States. He actually said, oh, I'm willing to work with you. You tell me what you want to do, Mr. Government. And the government's like, well, if we have to do due process, then we'd rather do it on the ground in Djibouti. And now they're saying, we can't possibly do this on the ground in Djibouti. So Supreme Court, you have to stop this, you have to put a stay on this. It's just the most. And, and Judge Murphy's subsequent ruling to that sort of illustrated that, like, I can't believe you're, you know, you did this to yourselves.
- [38:03]
Adam Klassfeld
Right, right. And I think that what Judge Murphy was trying to do is make it absolutely bulletproof on appeal because he sees what happens in every other court across the country, and he thinks that maybe if I do it this way, it neutralizes any sort of delay. Of course, because it's the Trump administration. Delay is the game, and there's the inevitable appeal, even if what they're appealing is their own compromise. But right here, this particular maneuver went to Justice Jackson. She put it on a slowboat. And so it's not going to have the effect that they wanted. And in the meantime, they have to comply with the judge's order.
- [38:50]
Alison Gill
Yeah. And finally, speaking of the Abrego Garcia case, Judge Sinis, not a lot of exclamation points, but she was clearly not happy with the day that the Trump administration's response to the amended complaint was due. Basically, they asked for a 30 day extension and she came back and said, what? No, it's due today. Shut up. Like, it was like a couple of paragraphs. Like you have the gall to come to me and ask for 30 more days on the day that your stuff is due. And I think she's just about had enough of this administration's shenanigans as well.
- [39:31]
Adam Klassfeld
You're right. I mean, we've been talking a lot about exclamation points, and part of the reason it's so rare to see exclamation points in judicial rulings is federal judges don't need them. Every time they speak, it's an exclamation point. There's an implicit threat of sanction, there's an implicit threat of professional reprimand. So there might not have been a bunch of exclamation points in this Judge Zini's ruling, but the entire thing was a giant exclamation point. It was saying the deadline is today.
- [40:08]
Alison Gill
And they it didn't really respond to the complaint other than to file a motion to dismiss on jurisdictional grounds. So back to the same old delay, delay, delay that we have come to know and hate from the Trump administration. But bigger picture, Adam, and I know you talk about this on All Rise News quite a bit, is the lack of candor, the diminishment of the deference the court usually gives. The government is slipping away in a lot of cases. In some cases, it's non existent. Even the Supreme Court outside of Alito and Thomas, are no longer taking the government's word for it. When we talk about the order they put in place about the detainees at Bluebonnet in the Northern District of Texas, they're just no longer, there's no longer faith in what the Department of Justice tells the courts. And I think that that is a problem that's going to be, you know, if we would wrestle our government back from where it is now, something that could take a really long time to fix.
- [41:17]
Adam Klassfeld
Right. I mean, what you just said, Allison, brings me back to one of the early hearings in Judge Bosebert's case. And he told the Justice Department attorney that he tells his law clerks, your credibility is everything that you have, and when you squander that, it's very hard to get it returned. So it's exactly what you were saying, that this is something. For all of the Trump administration's bluster, for all of Donald Trump's bluster, they need the federal courts for any number of things that have to do with their agenda. And it could be something as simple as criminal trials that they want to pursue. It's part of the system of government. They just can't thumb their nose at it. No matter if the House GOP slips a little poison pill into the budget bill that restrains federal judges ability to carry out contempt procedures, yes, that's an alarming thing. But let no one think that the judicial branch of government becomes irrelevant because of a House GOP majority. The Trump administration is still going to need to work with these co equal branches to carry out its agenda. And right now, One of those CO equal branches is saying more than 170 times, you keep doing things that are likely illegal and unconstitutional. It's a daily drumbeat. And the more that it goes in that direction, the more it's going to really hold the administration back, no matter how much they claim that nothing stands in the way. He's a king. He's above the law. Right now, I'm speaking from New York City, and pretty close to where I live is the FDR drive that now has congestion pricing because a federal judge appointed by Trump stopped. The Trump administration told the Trump administration, no, Donald Trump, not in these words, no, Donald Trump is not the king of New York City traffic. And so he cannot dictate that congestion pricing will not be allowed in New York. And it's still in play. It's still reducing traffic in New York and helping has environmental benefits. And a federal judge appointed by Trump listed those benefits to the people of New York in a just released 109 page ruling. I'll read a passage for it now. Just because an illustration to listeners that these daily rulings really do matter on the ground. It matters to the people of New York, he said. In sum, the reduction in congestion caused by the tolling program offers not only superior environmental outcomes, but also increased productivity, improvements to health and safety, more instruction time versus school children, and beneficial economic outcomes. Defendants do not seriously contest that the operation of the tolling programs confers these benefits or that such benefits support a preliminary injunction. That was Judge Lewis Lyman, appointed by Trump in his first term. So this is the judicial branch in action that's actually changing things and stopping the Trump administration from doing things that are part of its agenda.
- [45:13]
Alison Gill
Yeah. By the way, congrats on that congestion pricing ruling.
- [45:21]
Adam Klassfeld
Well, as a New Yorker, I have to say I live fairly close to the FDR drive. I think, like I used to as a lifelong New Yorker or grew up in New Jersey, very close to New York. I've lived most of my life without a car because you don't need it in New York. Then I spent some time in Texas, and so now I'm a motorist. And now that I'm living back in New York and I, like other New Yorkers, might have been skeptical in the early days but wanted. It seemed like a worthwhile thing and see what, what happens with it. But I think most New Yorkers have seen that the environmental benefits are apparent, that traffic time is reduced, and the President of the United States has no say on how the people of New York manage their traffic.
- [46:21]
Alison Gill
That's the more important part. And I think we'll continue to see rulings like that, especially where he's reaching into state stuff and trying to, you know, particularly I'm interested to see how the motion to dismiss the case against Judge Hannah Dugan comes out, because her very astute lawyers are like, get your federal hands out of our Wisconsin state court. You're violating the Constitution, you're violating the 10th amendment, and you're violating judicial immunity. But I appreciate you coming on today. You know, it's interesting when you talk about Trump having to work with the other two branches of government to put forth his agenda or to advance his agenda. Sometimes I worry his agenda is to take power away from those other two branches.
- [46:59]
Adam Klassfeld
Oh, absolutely.
- [47:01]
Alison Gill
So it's good to see these judges pushing back, especially with so many exclamation points and gumbo analogies. I thought of you instantly. I was like, we Need a Douglas Adams analogy in here. And I was scouring the footnotes for one, but we only got the gumbo.
- [47:15]
Adam Klassfeld
Well, you know, you know, to keep it on the gumbo analogy, I think the judge would say, so long and thanks for all the fish.
- [47:23]
Alison Gill
Thanks for all the fish. It's all right. Good gumbo, I guarantee, right? Justin Wilson, Cajun chef. Thank you so much for your time, everybody. You have to subscribe to All Rise News. Please check it out and follow Adam Klassfeld on social media. I appreciate your time today, my friend.
- [47:40]
Adam Klassfeld
Thank you. Alison, always a pleasure.
- [47:42]
Alison Gill
All right, everybody, stick around. We'll be right back with the good news. Hey, everybody. Have you ever walked into a grocery store, stared at the giant wall of wines, and just, like, panicked? And then you just picked the coolest label and just run out of the store after you pay for it? Of course. I. I go with the label, right? Or something French sounding. So anyway, I've been. I've been there, but now I skip all the guesswork and I order from Naked Wines. You will love Naked Wines. Naked Wines is a service that directly connects you to the world's finest independent winemakers. So you can get award winning wine delivered straight to your door. Just go to nakedwines.com DailyBeans. Use our code DailyBeans for the code and the password and you'll get their incredible deal of six bottles of wine for just 39.99. Naked Wines connects independent winemakers with everyday folks like you and me. No fancy jargon, no gatekeeping, just excellent wine delivered straight to your door at up to 60% off retail prices because they cut out the middleman and they ship directly from the vineyard. Recently, I cracked open a bottle of their Sharon Weeks Caddo California Pinot Noir. It was amazing. Full of bright flavors, nice and light. A touch of sweet oak. Fancy enough that my wine snob friends raised an eyebrow and said, where'd you get this? It was really awesome. And here's what I love. No membership fees, no obligations, no contracts. You only order what you want. And if you're going on a trip, you can pause not drinking so much this month. Skip it. The flexibility is amazing. Plus, Naked Wines lets you rate every bottle, so your next box is even better. So you're not just drinking wine. You're developing a taste. You're building your own little wine library without ever leaving your home. It's like skipping the store and jumping right to the best part. Drinking really good wine with really good people. So now's the time to join the Naked Wines community. Head to nakedwines.com dailybeans click enter voucher and put in my code dailybeans and use that for the code and the password and you'll get six bottles of wine for just 39.99 with shipping included. That is like $100 off your first six bottles. Again, that's nakedwines.com dailybeans and click enter voucher put in my code Daily Beans for the code and the password and you will be set up six bottles of wine for three $39.99. It's an incredible deal. I love being part of the Naked Wines community and you will too. Everybody, welcome back. It's time for the good news, everyone. Then good news in your near good news Good news. And if you have any good news confessions, corrections, a shout out to a loved one or yourself or a small business in your area or your small business. Let us know what you're making and creating. Let us know what your hobbies are. What are you keeping yourself busy with during this fascist ridiculousness? Tell me how you're keeping yourself sane. Any shout outs to government programs? Pretty much any government program they're about to cut in the billionaire bill that they're trying to pass through the Senate jam through. We using budget reconciliat any government program that's helped you or a loved one. Medicare, Medicaid, Social Security, Affordable care Act, section 8 free school lunches, great VA health care you've received student debt relief. Send all of that to us@dailybeanspod.com and click on Contact Plus. Let me know about your Siamese cats. I have a Siamese cat now. So tell me about your measures. What they're like, what I should expect. Anything. Anything I should know. Like hot tips and tricks for taking care of a Siamese cat. He's doing really well. He's using his litter box. He's eating, he's drinking. He's fantastic even though he's got that big old bulky cast and his and his cone of shame. But he likes his soft cone better than the hard plastic one he came home with. So he's a happy boy. So thanks for checking in on him. To get your stuff right on the air, just attach a photo of your pet. Pay your pod pet tariff if you don't have a pet. You can send an adoptable pet in your area. If you don't have that, really any animal photo will do. We love bird watching photos, which can be an actual bird or you and your family and friends flipping the bird to Trump and Musk properties and of course, baby photos. We always accept those. Again, the way to get your good news in is to go to DailyBeansPod.com and click on contact. All right, first up, from Diane. Pronouns she and her. Correction. Corvallis, Oregon. Rhymes with or Dallas. Okay, I know because my daughter attends Oregon State University, which is in Corvallis. Thank you. Our PODBET tariff is our beloved Sophie, who passed away at home Christmas 2022. Cancer, which took her leg in the spring of 2022. Look at this beautiful tripod. Sweet baby. I'm so sorry you lost your friend, Diane, but what a sweet sweetheart. And where is that? That's beautiful. That area must be in Oregon somewhere. All right, next up, from Laura. Pronouns she and her hey, AJ and dg. I've been a listener since December. Welcome, Laura. And I'm one of the many who found you on Blue Sky. I've hesitated thus far in reaching out, but I think more folks like me need to make our circumstances heard if we're to save government assistance. I'm a single mother of four and I'm blessed beyond measure. Admittedly, I made a poor choice or two when considering the men I hitched my wagon to years ago. Girl, same. That said, I would hate for my kids to have to bear that burden. Losing the various types of government assistance we receive would rapidly render us without medical insurance, utility support, food support, housing, and more. I'm not asking for sympathy. We are well beyond time for that. Everyone in the country needs to have their voices heard with this. I would like to appeal to all of your listeners to continue or to start calling and emailing their representatives. Hold them accountable in elections, and make sure they know you mean business. We are in this together, whether we want to be or not. Plead with those officials to consider the needs of those most in danger of harm without a safety net. Thank you for all you do. My pod pet tariff is Ms. Janice Hoplin. She's our Flemish Giant rabbit, and I know you'll love her big old feeties as much as I do. Oh, man. Thanks, Laura, for that. And you're so right. If you haven't signed up yet for the 5 calls app, it's so easy. Like, it's just one of the little things that you can do to help out these bunny. You're right. Those petes are huge. Flemish giant rabbit, Ms. Janice Hoplin. I love it so much. Thank you so much for that submission. Next up, from Karen Pronoun. She and her hi beans Queens. Longtime listener here writing in with some good news. I live on Long Island, New York. Specifically, I live in the district of Congressman Andrew Gabriano, who conveniently fell asleep and missed the vote on the billionaire bailout bill. At least he pissed off both Republicans and Democrats in his district. Don't worry, we're working hard to make sure his time in D.C. ends next year. My good news is that last week we also had our school budget and Board of Ed votes. The two counties that make up Long island have gotten disturbingly red over the last decade or so. And like a lot of areas, we had our version of Moms for Liberty get loud and push their ideologies into our schools, especially during and right after Covid. But I'm happy to report that in last week's elections, the vast majority of districts did not elect any of the far right candidates. In fact, in a few very red districts, the Moms for Liberty incumbents were voted out. Our BOE elections are nonpartisan. However, you can usually tell by a campaign or how they answer community questions where they lie on the political spectrum. It's difficult to get a definitive number that won or lost due to the nonpartisan nature. But just based on what I've gathered, what we've gathered, I would venture to guess that about about 80% of the board of Education members who won were non maga. Baby steps. But this was good news all around. For my podpet tariff, I'm sending a pic of my best little buddy, Norton. That's great name. He's 10, a rescue and is literally my shadow. I did have his DNA done, so do your best in guessing his breeds. He's made up of about 17 different breeds, but I'll give you the top three. Number two is probably the easiest to guess based on his body shape. Thanks for all you do. Oh, body shape. That could be a corgi or a basset hound, but there's like Chihuahua in there. Maybe Chow Chow Beagle. This little guy is so adorable. Plus he's got bulldog feet, so. All right, let's see. Let's see what we got. Pitbull, Dachshund, Japanese chin. Okay, so I was totally wrong on everything. I got zero percent. I'm awarding myself zero points. And may God have mercy on my soul. After that, he's mostly various terriers. Well, God loves a terrier. God loves a terrier. Thank you Karen. And thank you for sharing your pod pet. Adorable. Next up, anonymous pronoun she and her I love this community. Each day I wake up and think, what can I do today? To protect the people I love and all of America. I really appreciate the ideas to protect democracy. Here's an idea for good trouble Republicans have been gutting protections to the environment, eliminating funding for clean energy, rolling back methane polluters fees, and eliminating clean energy incentives to cut taxes for billionaires and polluters. We seem to have nearly weekly extremes of weather. My representative is Brad Finstad in red Southern Minnesota. He has a very poor record on the environment, so I'm confronting him on handmade postcards cut out of used cardboard. Think cereal boxes. The recycled cardboard reminds the Congressman and Congressional staff that our earth has finite resources. I sent the cards to all three of his offices to call out his votes and remind him that his job is to protect the environment. Basically, I tried to use my mom voice to shame him. Thank you for the excellent work that you do. Here's one of the cards Hello Rep. Finstead, how could you vote to eliminate clean energy incentives and cut taxes for billionaires and polluters? We are being hit by record storms. It is your job to protect the environment. Thank you. Thank you so much for sharing that with us. Anonymous Next up, another Anonymous submission from Pronouns she and her hello Queens of the beans. I've been listening for a few months now and quite honestly, yours is the only new show I can now tolerate. It must be the swears. Yeah. Anyway, I have two pieces of most excellent news. The first is that I've officially retired after 34 years in public education. Oh, you are a saint. Anonymous I've taught high school science the entire time, but exclusively through physics for the past 20 years. The beginning of COVID almost broke me as the dumpster fire of Trump 1.0 and the rush back to school and hybrid teaching with no protections after the shitty mess of online teaching really drove home how expendable I was to the people in charge of education in my area. I almost quit in 2022, but the universe intervened with surgery that required a medical leave of absence. Between that and therapy and my determination to remain healthy in my windowless box by masking and adding my own air filtration and far UVC light sources, I was able to make it to 55 and my pension. So huzzah. I win. The second piece of good news involves defeating some actual government waste of our tax dollars. I saw on social media that the Feds were disposing of perfectly good rapid Covid tests and but that anyone could request them as long as it was large quantities. I found this enraging, so I thought what the hell I know people around here that can use them. I requested 5,000 tests, but I never really expected them to show up. One month later and two days before the end of school, I got a call from a logistics company that they were delivering two skids of tests to my home the next day. Holy shit. The boxes took up an entire wall of my basement, floor to ceiling. I'm proud to say I'm down to the last 10 boxes or so in the course of a week. I delivered the tests to homeless shelters, the Salvation army, my neighbors, some schools, and to teachers and students directly. Everyone's been so grateful to receive them, and it's been so rewarding in so many ways to deliver them, not the least of which is to give a middle finger to this administration that's dismantling healthcare at every level. What a fucking cool thing that you did. Anonymous. All right, keep fighting the good fight and giving us the good trouble. Tasks for my pet Tax, please accept a picture of our two rescues, Blue and Whiskey, as they are listening to a special story from their mama. Blue is the big guy, a pity golden retriever Akita mix. He was abandoned in a forest preserve and we adopted him just a few days after saying goodbye to our first rescue. Pity. He is my heart. A big mama's boy who brings me a toy and wiggles his butt every morning in a happy hello. The smaller is Whiskey, a husky pit mix that never stops moving, jumping, digging, or licking. She's exhausting. But she and Blue are best buds and she's a happy girl. Yeah, I can tell who your favorite is here. Anonymous. Oh, look at. This is so beautiful. Hi, puppers. Oh, and there's one of the pallets of the COVID test. Oh, my God, that's so cool. Well, you can get them for free, but they have to be in large quantities. You're like, fine, it 5,000. Send them my way. And now you're out. They're giving in homeless shelters and teachers and oh my God, salvation. I love this so much. What a good bit of good trouble you got yourself into. Anonymous. And thanks for all your hard work. Thanks to everybody and all your hard work for sending your good news to us. Send us more. More M o a r dailybeanspod.com click on Contact. Thanks for hanging in with me solo. I'll be back in your ears tomorrow. Please check out yesterday's episode of cleanup on aisle 45 if you want a good laugh. Andy and I had a couple. I think you'll appreciate it. And I'm gonna do my best to see about getting Harry. He's traveling. We might be able to coordinate a bonus episode. If not, I will get you something. I will get you a bonus episode this week. I promise cleanup patrons. I will not let you down. And boy, I'm just really excited about this no Kings rally. I have to tell you, I set up the the meetup, our after March after party and I can't give away too many details because it's a private event. But there's going to be drag queens and there's going to be food and there's going to be drinks and it's going to be amazing. And we're calling it no Kings, Just Queens. And so I'm very excited to see everyone who RSVP'd. I believe we're out of spots, but thanks to everybody who signed up and we'll see you there. If you want to become a patron and be part of these great events, you can do that. And you'll be supporting independent media and you'll get these episodes ad free and early and you don't have to worry about Apple us up. You can do that for as little as three bucks a month at patreon.com Muller she wrote and we also have a Patrons Helping Patrons program. We've given away thousands of donated one year premium subscriptions. It's 36 bucks to buy one. And the way you do that is not on Patreon. You go to DailyBeansPod.com and right on the front page you can scroll down, there's a big button that says Patrons helping Patrons and there you can either donate a one year subscription to someone who can't swing it for themselves or you can sign up to be on the wait list to receive one. And then you'll be able to take advantage of all this stuff too. So check that out. And thanks to everyone who's donated subscriptions. You guys are amazing. This is such a cool community. I've never been part of anything so wonderful. So thank you from the bottom of my heart. I'll be back in your ears tomorrow. Till then, please take care of yourself, take care of each other, take care of the planet, take care of your mental health, and take care of your family. I've been AG and them's the Beans. The Daily Beans is written and executive produced by Alison Gill with additional research and reporting by Dana Goldberg. Sound design and editing is by Desiree McFarlane with art and web design by Joelle Reader with Moxie Design Studios. Music for the Daily Beans is written and performed by they Might Be Giants and the show is a proud member of the MSW Media Network, a collection of creator owned podcasts dedicated to news, politics and justice. For more information please visit mswmedia.com msw media.