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Alex
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Welcome back to Unbiased, your favorite source.
Alex
Of unbiased news and legal analysis.
Bailey
Welcome back to Unbiased Politics. Today is Thursday, March 20th.
Alex
Let's talk about some news, starting with.
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An update to Monday's episode. As we know, there's a bit of.
Alex
A court battle brewing between the Trump.
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Administration and U.S. district Court Judge James Boasberg.
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Judge Boasberg is the one that issued.
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That order last Saturday night that said.
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Any deportation flights carrying anyone being deported.
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Under the Alien Enemies act must either be turned around or grounded.
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Keep in mind, there were two orders.
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Issued that day by the same judge.
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The first order specifically prohibited the Trump.
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Administration from deporting the five individuals that sued the administration.
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The second order extended that first order.
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And said the Trump administration could not deport any non citizens under the Alien Enemies act and and that any plane carrying Deportees has to either be grounded or turned around. So that second order was given around.
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6:45Pm the first deportation flight left the.
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United States at 5:26pm it was likely out of US airspace by 5:40pm the.
Alex
Second flight left the US at 5:45pm.
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Was likely out of US airspace by.
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6:00Pm the third flight left the US.
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At 7:37pm was likely out of U.S.
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Airspace by 8:00pm so obviously, those first two flights had already taken off and.
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Were out of US airspace by the.
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Time the judge issued his oral order.
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At 6:45pm but that third flight departed the US about an hour after the oral court order.
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Naturally, the judge wanted to know why.
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So the judge schedules a fact finding.
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Hearing for Monday tells the Trump administration.
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To come prepared to explain itself.
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The judge's intent here was to determine whether the administration knowingly violated the court's.
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Order, because if it did, the judge.
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Could hold the administration in contempt. So at the hearing, the administration argued that the judge's Saturday order didn't actually take effect until it was put into.
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Writing later that evening. And the judge responded to this by.
Alex
Saying, quote, when I said directly to turn those planes around, the idea that my written order was pithier that this could be disregarded, that's a heck of a stretch. End quote. The administration further argued that once the.
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Planes are in international waters, the President.
Alex
Has authority outside of the Alien Enemies.
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Act, which wouldn't have been subject to.
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Either of the judge's orders over the weekend.
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Because the judge's orders only applied specifically to this Alien Enemies act, the Associate Deputy Attorney General for the United States didn't give much information about the planes.
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Besides stating that the only information she was authorized to provide is that no plane took off after the written order came through. When the judge asked the Associate Deputy Attorney General why she couldn't provide further.
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Information, she cited national security concerns with.
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Flight patterns and, quote, things of that sort, end quote. So because not much information was given at Monday's hearing, the judge gave the.
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Administration until Tuesday at noon to provide.
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Additional information, which was to include a.
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Sworn statement declaring that no one on.
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Any flight departing the US after 7:25pm on March 15 was removed solely on.
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The basis of the Alien Enemies Act.
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A sworn declaration setting forth when the Presidential Proclamation regarding the Alien Enemies act was signed, when it was made public.
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And when it went, when, when it went into effect. The government's best estimate of the number of individuals subject to the proclamation currently remaining in the United States and how many are currently in US Custody and.
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The government's position on whether and in what form it will provide answers to the court's questions regarding the particulars of the flights.
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Tuesday comes around the administration files a notice with the court that essentially says.
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Attached is our declaration in response to three of your four requests. However, as to the fourth request regarding.
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The government's position on whether and in.
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What form it will provide answers regarding particulars of the flights, the government maintains that there is no justification to order.
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This additional information from the administration and.
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Doing so is inappropriate given that there was no violation of the court's order in the first place in the attached declaration.
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We did get some clarity as to.
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The government's position on that third flight that left after the oral court order. So in Acting Field Director of Enforcement and removal operations for ICE wrote that.
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The third third plane departed after 7:25pm.
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When the judge's written order was was officially entered into the court docket. But all individuals on that third plane had Title 8 final removal orders and thus were not removed solely on the.
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Basis of the Alien Enemies act proclamation at issue.
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Nonetheless, the judge still wants the administration to answer the question of whether and in what form the administration would provide.
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Answers regarding the particulars of the flights.
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So the judge again directed the government.
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To to answer his question, this time.
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In a sealed court filing by noon.
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The following day on Wednesday.
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Wednesday rolls around Judge Boasberg gave the.
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Administration another extension and said that the administration could choose to invoke what's called.
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The State Secrets Doctrine, which protects sensitive.
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National security information from being disclosed in civil litigation. But the administration would have to explain why it was choosing to do that over providing the requested details on the deportation flights.
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So that's where we're at with this case.
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But there's actually a related storyline here.
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That we have to talk about as well. On Tuesday, in the midst of everything.
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That was going on in this case.
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President Trump called for the impeachment of Judge Boasberg. He wrote on Truth Social in part, quote, this radical left lunatic of a judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected president.
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He didn't win anything.
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I won for many reasons in an overwhelming mandate, but fighting illegal immigration may have been the number one reason for this historic victory. I'm just doing what the voters wanted me to do. This judge, like many of the crooked judges I am forced to appear before, should be impeached. End quote. So let's talk briefly about impeachment, specifically.
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Impeachment of a federal Judge.
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The impeachment clause of the Constitution tells us that one can be impeached for.
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Treason, bribery, or other high crimes and misdemeanors. Notably, though, there's a different section of.
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The Constitution which specifically pertains to judges that says judges shall hold their offices during good behavior. And what that implies is that the.
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Bar for impeaching and removing a federal.
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Judge might be lower than the bar.
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For impeaching and removing, say, a president.
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Or a vice president. But of course, the Constitution doesn't define.
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Good behavior, so it's left to interpretation.
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Historically, seven judges have been impeached for acts that violated professional ethics but were not explicitly illegal.
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As examples, Judge Judge John Pickering and.
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Judge Mark Delahaye were both impeached in the 1800s for intoxication on the bench.
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However, of the impeached judges in the past 100 years, there's been eight. Seven of those were impeached for actually committing a crime, corruption, sexual assault, tax evasion, etc. Now, the process for impeaching a federal.
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Judge is the same as impeaching the.
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President, only Congress can do it.
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The House initiates the proceeding by bringing.
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Articles of impeachment against the judge and.
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Approving those articles with a civil majority vote. From there, a trial is held in the senate where a 2/3 majority is required for conviction. If convicted, that is, when a federal officer is removed from office, it's possible.
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For someone to be impeached and not convicted.
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And in fact, that's typical. But all this to say that the president has no legal say in impeaching.
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A federal judge outside of swaying Congress.
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To start the process, which is ultimately what Trump did.
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But we'll get there in a minute.
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Now, because a call for impeachment by.
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The president is unusual, we actually saw.
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Chief Justice Roberts enter the ring here. Chief Justice Roberts is the Chief justice on the Supreme Court bench. And following Trump's Truth Social post, Chief Justice Roberts issued a rare but short two sentence formal statement. It says, quote, for more than two centuries, it has been established that impeachment is not an appropriate response to disagreement.
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Concerning a judicial decision.
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The normal appellate review process exists for that purpose, end quote. And of course, what he means by.
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That is something we talk about a lot on this podcast, which is that.
Alex
If you don't like court's decision or you lose a case, you appeal it to the next level of the federal court system.
Bailey
So let's go back to Trump swaying Congress.
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How did he do that?
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Well, within hours of his post on.
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Truth Social, House Republicans introduced A four page impeachment resolution against Judge Boasberg.
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The resolution for Boasberg impeachment is based on high crimes and misdemeanors, specifically abuse of power.
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The resolution reads, quote, chief Judge Boasberg, in violation of his oath of office, did knowingly and willfully use his judicial position to advance political gain while interfering with the President's constitutional prerogatives and enforcement of the rule of law. In doing so, Chief Judge Boasberg used the powers of his position to engage in actions that overstep his judicial authority. By making a political decision outside the scope of his judicial duties, he compromised the impartiality of our judicial system and created a constitutional crisis, end quote. So that's where we're at with that. If Congress takes the resolution seriously, the.
Bailey
House will have to adopt articles of.
Alex
Impeachment and then hold a vote. So stay tuned for more developments down the road.
Bailey
Moving on to the next story, which.
Alex
Is a court ruling about U.S. aid. On Tuesday, a district court judge ruled that Doge's actions to temporarily shut down USAID operations likely violated the Constitution. Specifically, the judge cites to actions like permanently closing USAID headquarters, taking down its website, and engaging in mass terminations of.
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Contracts, grants and personnel.
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So this lawsuit was brought by 26 plaintiffs who are either still employed or.
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Contracted by USAID or were recently terminated. And it was filed against Elon Musk, the US Doge Service, and Doge.
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And what the plaintiffs asked for here was a preliminary injunction to stop Musk.
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Doge and the US Doge Service from.
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Doing various things related to usaid. Now, whenever a court is considering a.
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Preliminary injunction, it takes into account a few factors.
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One, are the plaintiffs likely to succeed.
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On the merits of their claim once the court hears arguments?
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Two, if the injunction is not granted, will the plaintiffs suffer irreparable harm? Three, do the balance of equities tip.
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In in the plaintiff's favor?
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And four, is the injunction in the public's interest?
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If those questions are answered in the affirmative, the injunction will be granted.
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So when we say that the court found that doge's actions to temporarily shut.
Bailey
Down USAID operations likely violated the Constitution.
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We'Re going back to that first question. Are the plaintiffs likely to succeed on the merits of their claim?
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Because the plaintiffs claim that Elon Musk, Doge and the US Doge Service violated the Appointments Clause and the separation of.
Alex
Powers principle of the Constitution. So in finding that the plaintiffs are.
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Likely to succeed on their claims, the court is basically saying it's likely that the defendants violated The Constitution. Now to touch on those claims quickly. The Appointments Clause essentially says that officers of the United States have to be appointed in the manner in. In the manner set forth in the Constitution.
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So some officers have to be appointed.
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By the President and confirmed by the Senate.
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Other officers are simply appointed by the President alone, but with congressional approval.
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And what I mean by that is.
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Congress says, hey, it's okay if the President alone appoints a person for this position.
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We're just giving that okay. So in this case, the plaintiffs argue that Musk has exercised significant authority in his position as a Sen. Senior White House Advisor, and therefore he should have been appointed.
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And the court agreed that this claim.
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Will likely succeed upon further arguments and further consideration. The separation of powers principle basically says that each branch of government has its own function and authority and that one.
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Branch is not to encroach on another. But the plaintiffs argue that the defendant's.
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Actions related to USAID exceed the authorities of the executive branch and encroach on.
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The authorities of the legislative branch. The focus of their argument is that the defendants have acted to eliminate usaid, which is a federal agency created by.
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Statute, and in doing that, have usurped Congress's authority to create and abolish offices.
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And again, the court agreed that this.
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Claim is likely to succeed upon further arguments and further consideration.
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So the court ultimately granted parts of.
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The plaintiff's preliminary injunction request and denied other parts. As examples, DOGE team members who have.
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Total control over USAID computer systems have.
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To reinstate access to email payments, security notifications and other electronic systems, including restoring deleted emails for current USAID employees and contractors.
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But the defendants are still allowed to.
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Take action in connection with usaid despite Musk not being appointed.
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The judge said that he'll handle that.
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Request down the road because that's a more broad request. He didn't feel comfortable granting it at this point. So that's what's going on with this USAID case.
Alex
Let's take our first break here and.
Bailey
I'll be right back.
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Alex
Welcome back.
Bailey
Staying on the topic of law, a.
Alex
Judge has blocked President Trump's attempt to ban transgender people from serving in the military. The judge found that the president's executive order likely violates the due process clause.
Bailey
Of the Constitution, finding that it was motivated by animus and not by legitimate concern for military efficacy.
Alex
So basically, this lawsuit was brought by.
Bailey
Eight service members who are transgender, have been placed on administrative leave, and do face potential involuntary separation from the service. The service members allege that the ban.
Alex
Violates the due process clause of the.
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Fifth Amendment because it treats them differently than similarly situated people. And by the way, I just want.
Alex
To clarify that when we typically think.
Bailey
Of equal protection, we think of the.
Alex
Equal protection clause of the 14th Amendment.
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Which prohibits states from treating people unequally under the law. The Fifth Amendment due process clause doesn't.
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Explicitly use the phrase equal protection, but it does require the federal government to.
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Ensure equal protection under the law.
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So that's why this is a 5th amendment due process claim, not a 14th amendment equal protection claim.
Bailey
The Trump administration defended its ban, arguing that the ban is essential for maintaining high standards of military readiness and cohesion, and that transgender individuals compromise readiness, unit cohesion, and overall discipline. The administration further argues that being transgender is incompatible with the high standards expected of service members, which includes readiness, lethality, honesty, humility, and integrity that gender ideology activists disregard the fundamental demands of military service, such as physical and mental fitness, selflessness, and teamwork that transgender individuals cannot uphold an honorable and disciplined lifestyle as their expression of gender identity conflicts with values like humility and selflessness and that.
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The associated medical costs are too high. Ultimately, as I said, the judge granted the plaintiff's preliminary injunction, which prohibits the.
Bailey
Administration from enforcing this ban. In granting that request, the judge found that one the plaintiffs are likely to succeed on the merits of their Fifth Amendment due process claim, 2 not issuing the injunction and allowing the ban to.
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Be enforced would cause immediate and irreparable harm to transgender service members and three.
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The harm to transgender service members outweighs.
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Any potential harm to the government. Notably, the judge did put a two day hold on the injunction to allow.
Bailey
The administration time to fight the injunction. So starting tomorrow, the administration will be.
Alex
Blocked from enforcing its ban on transgender.
Bailey
Service members, assuming it doesn't, you know, assuming the administration doesn't get the injunction overturned or stayed.
Alex
Lastly, before we jump off to the.
Bailey
Next story, I do have this particular ruling linked in the Sources section. I mean, I always have everything linked. But the reason that I wanted to.
Alex
Make a note of this ruling is.
Bailey
Because the judge really dove into the history of transgender bans in the military.
Alex
So it's a good resource if you.
Bailey
Want to learn about the history of these kinds of bans. Specifically, until 2014, the US prohibited transgender people from serving in the military. That changed during President Obama's second term. Then in President Trump's first term, he called for a ban on members of the military serving in a sex that was different from their birth sex. And that ban ultimately got modified by the then Secretary of Defense Mattis.
Alex
Then President Biden came in and reversed course.
Bailey
And of course, now here we are with President Trump. So it's just a pretty interesting and informative backstory and she writes about it almost in a storybook kind of way.
Alex
So it's pretty easy to follow.
Bailey
So again, that's linked in the sources section of this episode, which you can find a link to in this episode.
Alex
Description now for the Kennedy Files release. On Tuesday, the Trump administration released roughly 60,000 pages related to the assassination of.
Bailey
Former President John F. Kennedy.
Alex
Not all of these pages are new. In fact, most of them had been released in the past, but in the past they were redacted. Now they're not. According to the National Archives, prior to Tuesday's release, authorities had already published more.
Bailey
Than 99% of the approximately 320,000 documents that were reviewed under the 1992 JFK Records Act.
Alex
Of the 63,000 pages that were released this week, about 2,200 are actual documents.
Bailey
The rest are official memos, handwritten notes, pictures, blurry pictures, but pictures.
Alex
So unfortunately, because there are so many pages, I can't come on here today.
Bailey
And tell you everything we've learned from the new release.
Alex
Because the reality is no one knows the full picture yet. It'll take months at least for people to get through all of them.
Bailey
And AI obviously isn't yet capable of synthesizing all of it.
Alex
So we just don't have the full picture. But there are a few things we can talk about. So let's first start with a brief.
Bailey
Recap of what happened to Kennedy, some.
Alex
Of the theories surrounding his death and why this release was important. And then we'll talk about a few standout details in the newly released pages. So In November of 1963, President Kennedy.
Bailey
Went on a two day, five city fundraising trip to Texas.
Alex
While in Dallas, traveling in a convertible, Kennedy was fatally shot in the head and neck. Lee Harvey Oswald was found to be the shooter. He was a former US Marine who.
Bailey
Later moved to the Soviet Union where he unsuccessfully tried to become a citizen.
Alex
Two days after the shooting, Oswald was.
Bailey
Shot and killed during a jail transfer by a Dallas nightclub owner named Jack Ruby.
Alex
Now, since Kennedy's death, there have been.
Bailey
Theories as to who exactly killed Kennedy.
Alex
And whether Oswald acted alone. A 2023 Gallup poll showed that 65% of American adults rejected the official assassination conclusion or think the assassination involved a conspiracy. That same poll found that 20% of those surveyed believed Oswald conspired with the US government and 16% suspected he worked with the CIA. So let's talk about it. One week after JFK was shot, President Lyndon B. Johnson appointed the Warren Commission.
Bailey
Via an executive order to investigate the assassination.
Alex
Fun fact here, by the way.
Bailey
The Warren Commission was named after the.
Alex
Then Supreme Court Chief Justice Earl Warren.
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But when the commission ultimately released its.
Alex
Findings, which were that Oswald acted alone.
Bailey
In killing Kennedy with two bullets, many.
Alex
Experts critiqued it and pointed out flaws and failures in the reports, such as neglecting witnesses, not following up on leads and not investigating thoroughly enough.
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Importantly, while many of these experts found.
Alex
The report to be flawed, they didn't.
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Necessarily assert that these flaws meant that his assassination was a conspiracy.
Alex
But second, the nature of the shots led some to believe that Oswald didn't act alone. The Warren Commission Report concluded that most.
Bailey
Likely three shots were fired in a time period ranging from approximately 4.8 to 7 seconds.
Alex
Three cartridges were found in the location Oswald shot from, which supported this conclusion. The commission further concluded it's most likely one of the bullets struck both Kennedy and the Governor who was sitting in.
Bailey
Front of him, saying that it likely.
Alex
Went through Kennedy's neck and then struck the governor.
Bailey
A subsequent bullet then entered the back of Kennedy's head and exited through the upper right portion of his skull.
Alex
And a third shot completely missed Kennedy and the car that he was in. Now, the idea that one bullet was.
Bailey
Able to go through both Kennedy and the governor, taking into account the car's layout, seems improbable to some, which leads.
Alex
To the theory that there was a second shooter and Oswald didn't act alone.
Bailey
In January 1979, the House of Representatives Assassinations Committee reported a high probability that two gunmen fired at President John F. Kennedy and that, quote, kennedy was probably assassinated as a result of a conspiracy, end quote.
Alex
However, this report and its evidence is debatable. Nonetheless, the most popular theory stemming from.
Bailey
Kennedy's assassination is that Oswald did not.
Alex
Act alone and that the government or.
Bailey
CIA was involved in some way. Now that we have that background, let's talk a little bit about the history of releasing documents and why this new release is important. In 1992, the President John F. Kennedy Assassination Records Collection act of 1992 required.
Alex
All records related to the assassination to.
Bailey
Be publicly disclosed in full by October 26, 2017.
Alex
President Trump, who was in office by the time that date rolled around, further delayed the disclosure, ordering the continued reevaluation of the redacted documents, though he did.
Bailey
Release about 2,800 documents during his presidency.
Alex
When President Biden took office, he also.
Bailey
Delayed the release, giving agencies additional time to review in 2021, 2022 and 2023, though he released about 17,000 documents during his presidency. But most recently, on January 23rd of this year, President Trump signed an executive order titled Providing Americans the Truth After.
Alex
Six Decades of Secrecy. And in it, he wrote that the continued withholding of information related to the.
Bailey
Assassination of JFK is not consistent with.
Alex
Public interest and that the release of.
Bailey
The records is long overdue.
Alex
So here we are.
Bailey
Like I said, it's going to take.
Alex
Months for people to sift through these pages and these documents.
Bailey
So far, there's been no solid evidence.
Alex
Uncovered that would suggest that the initial.
Bailey
Explanation surrounding JFK's death is inaccurate.
Alex
Instead, we're seeing lots of information about how the US Gathered intelligence during the.
Bailey
Cold War and their methodology, including a.
Alex
Top secret operation called Operation Mongoose, internal deliberations, and intelligence reports about Harvey Lee Oswald. For example, the documents confirm that Oswald.
Bailey
Visited both the Soviet and Cuban embassies in Mexico City before the shooting, and included some details about Oswald's time in the Soviet Union between 1959 and 1962.
Alex
There's also some detail about a Russian spy who allegedly defected to the United States in 1964, as well as details about CIA agent interactions with that individual. The documents also include details about the involvement of US Intelligence agencies in attempting.
Bailey
To overthrow foreign governments or assassinate foreign leaders, though a lot of these details.
Alex
Simply expand on efforts we're already aware of. As an example, the documents detail communication.
Bailey
In 1963 between the CIA Director's office and operatives in Cuba who were plotting to overthrow the Castro regime.
Alex
Similarly, another document, a CIA memo, reveals details about COVID activities aimed at removing the president of the Dominican Republic. So as you can tell, the documents don't really tell us much about the.
Bailey
Actual JFK assassination, at least not yet.
Alex
The documents more so relate to general CIA matters.
Bailey
So that is what we know as of now. But you know, if we find out.
Alex
Anything of substance, I will be sure.
Bailey
To let you know.
Alex
Now for some quick hitters.
Bailey
The two astronauts who had been stuck.
Alex
In space for nine months are now back home. The SpaceX Dragon capsule carrying Williams and.
Bailey
Wilmore splashed down in the water South.
Alex
Florida shortly before 6pm Eastern Time on.
Bailey
Tuesday after undocking from the ISS around 1am on Monday. If you haven't yet seen the video footage of the capsule landing in the water, it's actually pretty cool because dolphins come up to it and you know, they're like, kind of curious as to what's going on. So I'd recommend watching it if you haven't yet. In other news, the Trump administration has suspended roughly $175 million in federal funds for the University of Pennsylvania due to.
Alex
The university's policies supporting transgender athletes. UPENN does not currently have any transgender.
Bailey
Athletes competing on women's teams, though in 2022, Leah Thomas, who was a competitive swimmer on UPenn's women's swim team, was.
Alex
The first known transgender swimmer to win.
Bailey
A Division 1 NCAA title. And just as a note, in the past I've received questions about how the President is allowed to withhold funds appropriated by Congress.
Alex
So just as a reminder, the take care clause of the Constitution is what allows the President to delay or withhold.
Bailey
Authorized spending from Congress. When a President does delay or withhold authorized funds, it's called impoundment, and the President has to notify Congress of his.
Alex
Intention to do so. Ben and Jerry's parent company, Unilever, made the decision to remove Ben and Jerry's CEO. This decision follows a November 2024 lawsuit in which Ben and Jerry's accuses Unilever of silencing its public statements in support of Palestinian refugees. Upon announcing the removal of the CEO, the independent Board of Directors filed a complaint against Unilever, arguing that Unilever's decision violates their merger agreement, which was signed in 2000.
Bailey
A spokesperson for Unilever said the decision.
Alex
To remove the CEO was made after.
Bailey
Good faith consultation and discussion and that they made repeated attempts to communicate with.
Alex
The board properly and that they're disappointed the issue has been made public. The FDA announced Operation Stork Speed on Tuesday, which will expand options for safe, reliable and nutritious baby formulas. The FDA said it will begin the nutrient review process, increasing testing for heavy.
Bailey
Metals and other contaminants, ensure clear labeling on formula, collaborate with scientific bodies to.
Alex
Address research gaps related to formula feeding's.
Bailey
Long term health outcomes and more.
Alex
This will mark the first comprehensive update and review of infant formula nutrients by the FDA since 1998. And the federal Reserve decided to keep.
Bailey
Interest rates steady between 4.25 and 4.5%.
Alex
Where the rate has been since December.
Bailey
The Fed also downgraded its collective outlook.
Alex
For economic growth and now see the.
Bailey
Economy accelerating at a 1.7% pace this year, which is down 0.4 percentage points.
Alex
From the last projection in December.
Bailey
And finally, a judge in New York has denied the Trump administration's request to.
Alex
Dismiss Mahmoud Khalil's petition for habeas court corpus, which is a request for a court to review the legality of one's detention. The New York judge further determined that Khalil's case should be transferred to New Jersey instead of Louisiana.
Bailey
And if you need to get caught.
Alex
Up, I covered Khalil's case in more detail last Thursday.
Bailey
But at that point when I spoke about it, there was a question of.
Alex
Where Khalil would be detained and where his case would proceed.
Bailey
Remember, Khalil is the former Columbia student.
Alex
Who was arrested and almost deported for.
Bailey
His involvement in the protests on Columbia's campus last year.
Alex
Khalil was originally arrested in New York.
Bailey
But he was then transferred to New.
Alex
Jersey, which is where he filed his.
Bailey
Petition, and then he was subsequently transferred to Louisiana.
Alex
However, the judge's new ruling states that because Khalil filed his petition in New.
Bailey
Jersey, neither New York nor Louisiana have jurisdiction over the matter and therefore Khalil must be transferred back to New Jersey. The judge also kept in place an.
Alex
Order barring the government from deporting Khalil and said it will now be up to the New Jersey court to consider. Let's take our second and final break here. When we come back, we'll do Rumor.
Bailey
Has it and Critical Thinking. And I do have a lengthy Rumor has its segment for you today.
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Bailey
Welcome back. Let's move on to Rumor has It, my weekly segment where I gather recent rumors submitted by all of you on Instagram and do my best to either confirm, dispel or add context to them.
Alex
Rumor has it that federal agencies have identified hundreds of words that it hopes to eliminate or decrease in its documents.
Bailey
Words like activism, advocacy, equity, disabilities, dei, climate science, allyship, transgender, and more. Let's add some context.
Alex
According to the New York Times, who.
Bailey
Originally published the list of words, their.
Alex
Version of the list only contains what.
Bailey
They were able to uncover from investigating certain federal documents. The outlet says the actual list in.
Alex
Full is likely much longer. A Trump administration official said in response.
Bailey
To this New York Times article that no such official list exists and that.
Alex
Any decision to remove or change language.
Bailey
To comply with President Trump's executive orders.
Alex
Are left to the discretion of the agency officials.
Bailey
Notably, an administration directive issued last month.
Alex
Asked agencies to terminate any programs and withdraw any media promoting gender ideology, which led to the deletion of certain words.
Bailey
Phrases and media across agency web pages.
Alex
As far as specific instances that I.
Bailey
Personally can confirm, we do know of at least a dozen federal agency websites.
Alex
That either deleted or replaced words that.
Bailey
Are on this New York Times list. For example, the FAA job page removed.
Alex
The word diverse from the phrase you'll be part of a diverse workforce.
Bailey
The State Department's Office of Global Change deleted a sentence on climate change, and.
Alex
The webpage for the Stonewall National Monument delay deleted the phrase transgender or queer and replaced it with lg.
Bailey
So the short answer is yes, certain words have been replaced and deleted from certain government web pages. And at the same time, the White House has denied the existence of a quote unquote short list of words that it's asked agencies to delete.
Alex
Rumor has it that the Department of Defense removed web pages relating to women, people of color, and an image containing the word gay. This is true.
Bailey
In response to President Trump's executive order ending DEI programs across the federal government.
Alex
Secretary of Defense Pete Hegseth ordered the department to remove content that highlighted diversity efforts in the military.
Bailey
An anonymous Pentagon official said that as.
Alex
Many as 100,000 images might be removed from Pentagon databases. For example, a picture of Enola Gay, the plane that dropped dropped an atomic bomb on Hiroshima, was temporarily removed. A few of the articles that were temporarily removed but have since been restored include a webpage about Jackie Robinson's military.
Bailey
Service, the Navajo Code Talkers, the Iwo Jima flag raiser, and a Black Medal of Honor recipient.
Alex
The Pentagon said these pages were scrubbed during an auto removal process, but did.
Bailey
Not elaborate on what that process was.
Alex
Some of the articles related to the Navajo Code Talkers have been decommissioned, meaning.
Bailey
They can now be found in the archive.
Alex
Yesterday, Snopes reached out to the Department.
Bailey
Of Defense asking it to provide some.
Alex
Clarity into the deleted web pages, and.
Bailey
The Pentagon's press secretary responded with the following he said, quote, as Secretary Hegseth has said, Dei is dead. @ the Defense Department, discriminatory equity ideology.
Alex
Is a form of woke cultural Marxism that has no place in our military. It divides the force, erodes unit cohesion, and interferes with the service's core war fighting mission.
Bailey
We are pleased by the rapid compliance.
Alex
Across the department with the directive removing.
Bailey
DEI content from all platforms.
Alex
In the rare case that content is removed either deliberately or by mistake, that is out of the clearly outlined scope of the directive. We instruct the components and they correct the content accordingly. End quote. Now the next rumor is related to the one that we just did, so.
Bailey
We'Ll touch on it quickly.
Alex
Rumor has it that the Arlington National Cemetery website removed links to web pages.
Bailey
About black, Hispanic and female veterans buried at the site.
Alex
This is true.
Bailey
The removed links include an African American history page, a Hispanic American history page, and a women's history page, all from the notable Graves section of the website. A cemetery spokesperson, when asked for comment.
Alex
Said, quote, we are proud of our.
Bailey
Educational content and programming and working diligently to return removed content to ensure alignment with the Department of Defense Instruction 5400.17 and Executive Orders issued by the President. We remain committed to sharing the stories of military service and sacrifice to the nation with transparency and professionalism, while continuing to engage with our community in a manner that reflects and our core values.
Alex
We are hoping to begin republishing updated education modules next week.
Bailey
End quote.
Alex
Rumor has it that President Trump signed.
Bailey
An executive order getting rid of a.
Alex
Requirement that prohibited segregated facilities. Let's add some context.
Bailey
In January, President Trump signed an executive order titled Ending Illegal Discrimination and Restoring Merit Based Opportunity, which nullifies an executive.
Alex
Order signed by former President Lyndon B. Johnson in 1965. We talked about this order before when.
Bailey
People were falsely stating that President Trump did away with the Equal Employment Opportunity Act.
Alex
What the executive order did is it overturned a prior executive order, but an.
Bailey
Executive order cannot revoke a law.
Alex
Nonetheless, Johnson's order prohibited federal contractors from.
Bailey
Discriminatory employment practices based on race, color, religion and sex.
Alex
Consequently, a clause in the federal acquisition.
Bailey
Regulation, which is the primary regulation for use by all executive agencies and acquiring supplies and services with appropriated funds, said.
Alex
That government contractors cannot maintain or provide for its employees any segregated facility.
Bailey
Well, last month, in compliance with the President's recent executive order, the General Services Administration issued this memo to all federal agencies announcing changes that should be made.
Alex
Within the agencies to comply with the President's order.
Bailey
And in that memo, the GSA wrote.
Alex
Quote, when issuing new solicitations or contracts, do not include any of the following provisions and clauses.
Bailey
And it goes on to list nine different provisions and clauses.
Alex
Included in that list is an equal.
Bailey
Opportunity clause, an affirmative action compliance requirement, and yes, the prohibition of segregated facilities. Now, the GSA is an independent agency.
Alex
That manages the basic functioning of various federal agencies.
Bailey
So when the GSA says don't include.
Alex
These clauses in future contracts, the various.
Bailey
Federal agencies won't include those clauses in future contracts. For example, the Department of Homeland Security and the NIH have already issued their.
Alex
Own notices not to consider the segregation.
Bailey
Clause in the future.
Alex
Importantly though, and I want to highlight.
Bailey
This, the GSA memo also says, quote.
Alex
Contractors are still covered by existing United States laws on civil rights and non discrimination. These laws apply whether or not the company is a government contractor, end quote. And a GSA spokesperson has also reiterated that the Civil Rights act of 1964 must be followed. Finally, rumor has it that California needs.
Bailey
A $3 billion loan because of the cost of illegal immigrants.
Alex
Let's add some context. California's Department of Finance told state lawmakers.
Bailey
Last week that they need a $3.4 billion loan because the state is facing a shortfall on its Medical Health program, which is a state Medicaid health care program supported by taxpayers. California's Department of Finance says there are.
Alex
Many reasons for this shortfall, which, yes, includes undocumented immigrants.
Bailey
First, increased pharmacy costs. The department says high cost drugs have.
Alex
Taken a toll on the Medi Cal.
Bailey
Budget, which already included an additional 1.3 billion for pharmacy costs for the 20242025 budget and 1.2 billion for the 20252026 budget.
Alex
Second, senior enrollment. There are about 225,000 more seniors enrolled.
Bailey
In Medi California than before the pandemic.
Alex
Which is roughly a 40% increase. Seniors average around $15,000 per year per person, compared to roughly 8,000 for others. Third, undocumented immigrant coverage. The state originally estimated 5.8 billion would be sufficient to cover the undocumented immigrant.
Bailey
Population for the 20242025 budget.
Alex
But the updated budget proposal estimates closer to 8.4 billion for the 20242025 budget and and 7.4 billion for the 20252026 budget. Under medical, undocumented children have been covered since 2016.
Bailey
Young adults were added in 2020, older adults added in 2022, and all ages.
Alex
Are now covered as of 2024. The $3.44 billion budget would come from California's general fund, which is a specific account meant for economic uncertainties paid for by taxpayers. 3.44 billion is the maximum amount California can borrow and would only cover Medi.
Bailey
Cal's bills through the end of March.
Alex
Let's end this episode with some critical.
Bailey
Thinking, and for today's segment, I want to revisit a story from Monday's episode. If you haven't listened to Monday's episode, don't worry, you can still participate in this.
Alex
On Monday, we talked about the controversy that surrounds universal injunctions. So let's say you sue the Trump.
Bailey
Administration because you don't like X policy.
Alex
Well, rather than the judge saying, okay.
Bailey
We'Re going to prohibit the administration from enforcing this policy against you, the plaintiff.
Alex
We'Re going to prohibit the administration from enforcing this policy against the entire country. Now, some argue that district courts, which are the lowest courts on the federal court system totem pole, should not have this power to control the entire country.
Bailey
Via one sweeping executive order.
Alex
Others argue the court's job is remedial in nature, and if a universal injunction.
Bailey
Is, you know, the proper remedy for.
Alex
A given situation, then so be it. Notably, this is a bipartisan issue. President Biden asked the Supreme Court to.
Bailey
Weigh in on the issue of universal injunctions during his administration, and now President.
Alex
Trump is doing the same thing.
Bailey
And that's because these universal injunctions often get in the way of presidents enforcing their policies, the policies that ultimately got them elected, Right? So here's what I want you to think about. I want you to think of a.
Alex
Situation where you would find a universal injunction to be warranted, and then think of a second situation where you would.
Bailey
Find a universal injunction to be overreaching and unwarranted. Then once you've done that, and you kind of have an idea of where you're comfortable with them, where you're not.
Alex
Try to identify a standard that the courts can use when issuing a universal.
Bailey
Injunction as a remedy.
Alex
For instance, maybe the Supreme Court says.
Bailey
Listen, we're not going to completely bar the district courts from being able to issue universal injunctions, but we realize universal.
Alex
Injunctions may be being issued too frequently.
Bailey
And we need to do something about it. So here's what we'll do.
Alex
We're issuing this new standard that says if blank courts can issue universal injunctions, otherwise a court cannot. I want you to fill in that blank.
Bailey
What standard makes sense sense to you? That's what I have for you today. Have a fantastic weekend and I will talk to you on Monday.
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Hosts: Alex and Bailey
Title: JFK Assassination Documents Released. PLUS Did President Trump Remove the Prohibition on Segregated Facilities? And More.
Alex and Bailey delve into the escalating legal conflict between the Trump Administration and U.S. District Court Judge James Boasberg concerning deportation flights under the Alien Enemies Act.
Judge Boasberg's Orders:
Judge Boasberg issued two critical orders last Saturday night:
Administration's Response and Hearing Proceedings:
Despite the orders, the first two deportation flights had already departed and exited U.S. airspace before the judge's oral order took effect. The third flight departed approximately an hour after the oral order, prompting Judge Boasberg to question the administration’s compliance ([03:06] Alex).
During the hearing on Monday, the administration argued that the oral order hadn't been formally documented yet, a stance Judge Boasberg dismissed:
"When I said directly to turn those planes around, the idea that my written order was pithier than this could be disregarded, that's a heck of a stretch." ([03:37] Alex)
The judge has now requested additional information from the administration, including a sworn statement on specific aspects of the deportation flights, which the administration partially provided but remains incomplete ([05:21] Bailey).
In a surprising move, President Trump took to Truth Social to call for the impeachment of Judge Boasberg, labeling him a "radical left lunatic" and accusing him of overstepping judicial authority ([07:11] Alex).
Impeachment Process Explained:
Bailey provides an overview of the constitutional impeachment process, emphasizing that only Congress holds the power to impeach federal judges.
"The House initiates the proceeding by bringing Articles of Impeachment against the judge and approving those articles with a simple majority vote." ([08:17] Alex)
Historically, impeachments of judges have been rare and require substantial evidence of misconduct.
Chief Justice Roberts' Statement:
Responding to Trump's impeachment call, Chief Justice Roberts stated:
"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose." ([09:00] Alex)
Congressional Action:
Following Trump's call, House Republicans swiftly introduced a four-page impeachment resolution targeting Judge Boasberg for alleged abuse of power and compromising judicial impartiality ([10:33] Bailey).
The hosts discuss a recent court ruling where a district court judge found that actions taken to temporarily shut down USAID operations by entities associated with Doge (Elon Musk) likely violated the Constitution.
Legal Grounds:
The plaintiffs argued violations of the Appointments Clause and the Separation of Powers principle. The court agreed, stating the plaintiffs are "likely to succeed on their claims" ([12:26] Alexander).
Preliminary Injunction Granted:
Parts of the plaintiffs' request were granted, such as restoring access to USAID's electronic systems, while broader requests remain pending ([14:21] Bailey).
A federal judge has blocked President Trump's executive order aimed at banning transgender individuals from military service, citing violations of the Fifth Amendment's Due Process Clause ([16:07] Alex).
Legal Arguments:
The plaintiffs, including eight transgender service members, argue that the ban discriminates against them unfairly. The administration contends the ban is necessary for military readiness and cohesion.
Preliminary Injunction Details:
The judge ruled that enforcing the ban would cause "immediate and irreparable harm" to transgender service members, thereby justifying the injunction ([18:03] Bailey).
Historical Context:
The ruling is supplemented with a brief history of transgender military service, noting previous policies under Presidents Obama, Trump, and Biden ([19:02] Bailey).
The Trump administration released approximately 60,000 pages related to the assassination of President John F. Kennedy, fulfilling part of the 1992 JFK Records Act ([19:45] Alex).
Content of the Release:
Most documents had been previously released but were redacted. The new release includes unredacted memos, notes, and photographs, though the majority are non-documentary materials ([20:17] Alex).
Public Reaction and Theories:
Despite the extensive release, no definitive evidence contradicting the official conclusion that Lee Harvey Oswald acted alone has emerged. However, information about CIA operations and intelligence on Oswald adds to the historical context ([22:00] Bailey).
Future Implications:
The hosts anticipate months of analysis before the full implications of the documents are understood, emphasizing the need for thorough examination ([25:05] Bailey).
SpaceX Dragon Returns:
The SpaceX Dragon capsule successfully splashed down in Florida, marking the return of astronauts Williams and Wilmore after a nine-month mission ([26:45] Bailey).
Suspension of Funds to University of Pennsylvania:
The Trump administration suspended $175 million in federal funds to UPenn due to the university’s policies supporting transgender athletes. UPenn currently has no transgender athletes, but the action follows historic achievements by Leah Thomas, a transgender swimmer who won a Division 1 NCAA title ([27:18] Alex).
Ben & Jerry's CEO Removal:
Unilever, Ben & Jerry's parent company, removed the CEO following a lawsuit accusing Unilever of silencing pro-Palestinian statements. The Board of Directors has filed a complaint alleging a violation of the merger agreement ([27:42] Alex).
FDA's Operation Stork Speed:
The FDA announced an initiative to improve baby formula safety, including enhanced nutrient reviews and contaminant testing, marking the first comprehensive update since 1998 ([28:24] Alex).
Federal Reserve Decision:
The Federal Reserve maintained interest rates between 4.25% and 4.5%, downgraded its economic growth outlook, and now expects the economy to grow at a 1.7% pace this year ([28:58] Bailey).
Mahmoud Khalil's Habeas Corpus Petition:
A New York judge denied the Trump administration's request to dismiss Mahmoud Khalil's petition, transferring his case to New Jersey. Khalil, a former Columbia student, faces deportation due to alleged involvement in campus protests ([29:46] Alex).
In this week’s "Rumor Has It" segment, Alex and Bailey address concerns about federal agencies identifying and eliminating certain words from official documents.
Initial Rumors and Clarifications:
Rumors suggested that agencies are targeting words like "activism," "equity," "climate science," and "transgender."
"The actual list is likely much longer," clarified Alex, referencing a New York Times investigation ([31:59] Bailey).
Department of Defense Actions:
In compliance with President Trump's executive order ending DEI (Diversity, Equity, and Inclusion) programs, the Department of Defense removed content highlighting diversity efforts.
"DEI is a form of woke cultural Marxism that has no place in our military," a DoD spokesperson stated ([35:01] Alex).
Approximately 100,000 images were potentially removed, including sensitive historical photos.
Arlington National Cemetery Website Changes:
Links to pages about Black, Hispanic, and female veterans were removed. The cemetery spokesperson announced efforts to restore content to align with Department of Defense directives ([35:55] Alex).
Executive Order on Segregated Facilities:
President Trump signed an executive order nullifying a 1965 order by President Johnson that prohibited segregated facilities for federal contractors.
"Contractors are still covered by existing United States laws on civil rights and non-discrimination," the GSA memo clarified ([37:05] Bailey).
California's Department of Finance has requested a $3.4 billion loan to address a shortfall in its Medi-Cal program, attributing significant costs to undocumented immigrants.
Budget Shortfalls Explained:
Increased pharmacy costs, a surge in senior enrollment, and higher-than-expected costs for undocumented immigrant coverage are primary factors. The updated budget estimates a need for $8.4 billion for the 2024-2025 fiscal year ([38:47] Bailey).
Impact on Medi-Cal:
Undocumented children, young adults, and older adults are now covered, expanding the financial burden on the state’s general fund ([39:07] Alex).
Returning to a topic from a previous episode, Alex and Bailey discuss the controversy surrounding universal injunctions—the practice of courts prohibiting the enforcement of policies not just against the individual plaintiff but against the entire country.
Debate Over Judicial Authority:
The hosts explore arguments on both sides, highlighting bipartisan concerns that such injunctions interfere with presidential policies that secure electoral mandates ([41:08] Bailey).
Call to Action:
Listeners are encouraged to reflect on scenarios where universal injunctions are appropriate versus when they might be overreaching, and to consider potential standards the Supreme Court could establish to regulate their use ([41:57] Alex).
Alex and Bailey provide a comprehensive, fact-based overview of the latest political and legal developments, maintaining an unbiased perspective throughout. From high-stakes court battles and impeachment calls to significant policy changes and historical document releases, the episode offers listeners clear insights into pressing national issues without personal bias.
For those seeking to stay informed on the daily news that matters, UNBIASED Politics continues to deliver clear and impartial analysis.
Notable Quotes:
"When I said directly to turn those planes around, the idea that my written order was pithier than this could be disregarded, that's a heck of a stretch." – Alex ([03:37])
"DEI is a form of woke cultural Marxism that has no place in our military." – DoD Spokesperson ([35:01])
"As Secretary Hegseth has said, DEI is dead." – DoD Press Secretary ([35:01])
"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision." – Chief Justice Roberts ([09:00])
This summary is based on the transcript provided for the episode released on March 20, 2025. For full details and ongoing updates, listen to the full episode of UNBIASED Politics.