GOP Judge Compares Trump to Slave-Catcher in Ruling

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2:15Michael Popok:An unconstitutional conspiracy at the highest levels of the Trump administration, led by his Secretary of State Marco Rubio and Department of Homeland Security Secretary Kristi Noem has been called out and uncovered by a senior status federal judge, a Republican appointee at that in Massachusetts coming off of bombshell hearing in which the Trump administration and its cabinet were scolded in public for one of the most audacious attempts to crush First Amendment expression in an 85-year-old senior status judge's history. In fact, at one point, irony not lost on me, during the lead-in to Martin Luther King Jr.

3:00Michael Popok:weekend, Judge Young in Massachusetts said that the actions of the Trump administration are akin to when people were paid bounties to chase after newly freed slaves to re-enslave them and return them to their masters. I'm Michael Popak. We've got your attention. You're on Midas Touch. And on Legal AF, let's talk about Judge Young. Judge Young is a part of a team of senior status judges who are in their late 70s and 80s who are defending democracy every day, like Judge Breyer in San Francisco, who issued his ruling about Donald Trump's violation of the Posse Comitatus Act and the National Guard in California stopping Donald Trump in his tracks.

3:49Michael Popok:Or Judge Kofador up in Seattle, who issued the first birthright citizenship decision that kicked off the whole protection of our 14th Amendment rights to be born in this country and recognized as an American. And now Judge Young, who has been chastised by the United States Supreme Court, who said he was defiant because he didn't follow a prior order of theirs as precedent. He shrugged his shoulders and said, defiant? He basically said, I'm an 85-year-old senior status judge. It was not my intention to be defiant. I just didn't understand your ruling about Donald Trump cutting off funding to be such a precedent based on the emergency docket.

4:30Michael Popok:And now he has in front of him students and professors who are here on student visas and or on green cards who are protesting Donald Trump's foreign policy and policy related to Israel and the Palestinian people. And so he was effectively jailing Palestinian protesters on college campuses, not committing crimes, just committing First Amendment freedom of expression, which you enjoy even if you are not an American citizen. Anyone on U.S. soil enjoys First Amendment and constitutional protections. They're not terrorist sympathizers that need to be expelled. If you can believe it, and I know you can, the Trump administration spokespeople, even went so far as to call for the expulsion or deportation of Judge Young for having ruled against the democratically appointed president.

5:25Michael Popok:Yeah, it's gotten that bad. Have a seat. Let me read to you from the, this is just a hearing now, about what should the remedy be this judge already found that the Trump administration committed serious conspiratorial acts of First Amendment abuse against the rights of these people to speak out freely. Instead, they were taken off the streets, they were disappeared into ICE detention facilities, sound familiar, without due process, and held for months until they were bailed out at some point. And the Trump administration even had the balls in court, that's a legal term, even had the balls in court to look Judge Young in the eye in the middle of this barrage of criticism, of the conspiracy being unmasked, and say, Judge, you don't have any jurisdiction over us anyway.

6:10Michael Popok:The judge said, I have no jurisdiction to issue a remedy for a constitutional violation. They said, no, you have to go through immigration court. That's an immigration judge's policy. That's what he gets to do under the Immigration and Naturalization Act. You don't have the power here. Now, there is some support for that argument. We just had a ruling that came out of the Third Circuit Court of Appeals sitting in Philadelphia about Mahmoud Khalil, a Columbia University professor, adjunct professor and protester. And they basically said something like federal judges under most circumstances don't have power to remedy constitutional violations.

6:47Michael Popok:But I think the record developed by Judge Young certainly gave him the power to fashion the remedy. And that's what this hearing was about. Listen to the quotes from those that were in the courtroom about what the judge observed. Here's what the judge said. I find it breathtaking. This is Judge Young now on Thursday that I have been compelled on the evidence to find the conduct of such high level officers of our government, cabinet secretaries, conspired to infringe the First Amendment rights of people with such rights here in the United States. Their cabinet, these cabinet secretaries have failed in their sworn duty to uphold the Constitution.

7:25Michael Popok:Think of the language that this senior status 85-year-old Reagan appointee used against the Trump administration. Conspiracy. Infringe. He, in fact, at one point said this is at the highest level, that there hasn't been anybody higher than Marco Rubio and Kristi Noem to ever have gone after the First Amendment the way he's ruled that they have. I want to eat better, but I realized pretty quickly that after long days of recording, cooking healthy meals just wasn't going to happen for me. Factor doesn't ask you to meal prep or follow recipes. It just removes the entire problem. Two minutes, real food, done.

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8:43Michael Popok:Always fresh, never frozen. No prep, no cleanup, no mental load. It's not motivation to eat better. It's elimination of the reason you don't. I use this and you should too. Head to factormeals.com slash legal AF50 off and use code legal AF50 off to get 50 % off your first Factor box plus free breakfast for a year. Offer only valid for new Factor customers with code and qualifying auto renewing subscription purchase. Make healthier eating easy with Factor. But he continued. He said at the hearing, talking straight here, Judge Young again, the big problem in this case is that the cabinet secretaries and ostensibly the president are not honoring the First Amendment.

9:27Michael Popok:He goes on to call the Trump administration authoritarian, that will abuse anyone who does not toe the line absolutely. And that top officials have a fearful approach to freedom of speech that would seek to, according to him, exclude from participation everyone who doesn't agree with him. It looks like he's going to fashion a remedy to give Palestinian protesters on college campuses a special protection for First Amendment non-criminal expression. Look, I don't agree with everything a lot of protesters say, okay? But I will defend with my last dying breath their right to say it as long as it's not inciting violence, as long as it's not inciting murderous or violent attacks, as long as it doesn't violate what we say is outside First Amendment protection.

10:18Michael Popok:I mean, as uncomfortable as certain First Amendment expression may be, and I may not be comfortable with a conversation with some of these protesters, but by God, I will defend their right to make me uncomfortable. That's what the First Amendment is all about. And that is exactly the type of speech in the marketplace of ideas that has to be protected. And that's what you're seeing from a judge like Judge Young. Now, the senior status judges, and we haven't gotten the ruling yet, and I will report back on it on Midas Touch Network, but I just think the irony of the fact that on Martin Luther King Jr.

10:50Michael Popok:weekend, that's going to be completely ignored and disrespected by the Trump administration. A Trump administration that continues to use the trappings of our patriotism, wrapping themselves in a flag they don't deserve, wrapping themselves in the Constitution they don't deserve. I mean, It's still up on the website for the Department of Justice, once proud, now put out of its misery, our misery, Civil Rights Division that had investigated the murder and the assassination of Martin Luther King Jr., of Medgar Evers, of the three voting rights advocates down in Mississippi during the 1960s. They still have that proud history up on their website as if they're protecting it.

11:34Michael Popok:and we know that they're not because they've destroyed the civil rights division. They won't acknowledge what Martin Luther King Jr. and the civil rights movement and I Have a Dream meant. I have a dream. It's to put us out of our misery and get rid of this administration and its Department of Justice. And I think I've got support for people like Judge Young. Now, of course, we've got two reactions from the Trump administration, one terrible and one horrible. We've got Tricia McLaughlin, the spokesperson for the Homeland Security, who said, you know, effectively, you know, the United States has no place for terrorist sympathizers.

12:12Michael Popok:I don't think she was talking about the student activists. I think she was talking about a federal judge. And then you had another spokesperson for the White House say out loud a version of, we've seen this before, a version of, well, we got on one side, the democratically elected president of the United States. And on the other side, a left-wing activist judge sympathizer. I mean, everybody's a sympathizer because they don't understand how our three-level system of government, co-equal branches of government work because they work in the executive branch. They don't care about the other two, but we do.

12:44Michael Popok:And I'm glad you're here on Midas Touch and on Legal AF. I'll continue to follow this story. Help us continue to grow Legal AF, the YouTube channel, and come over and become a paid member. And our Legal AF sub stack is growing as well with a special 25 % discount all the way through the end of MLK Jr. weekend, Monday at midnight. So until my next report, I'm Michael Popak. Can't get your fill of Legal AF? Me neither. That's why we formed the Legal AF sub stack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the sub stack. You'll find the court filing and the oral argument there, including a daily roundup that I do call.

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