Panicking Trump Lashes Out in Court over Blocked Invasion

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2:00Michael Popok:A federal judge has to tell the Trump administration and its federal forces not to hit Americans with a car who are First Amendment protesting, has to issue an order to stop them from tackling them and using unnecessary, unreasonable force against them as First Amendment protesters, has to enter an order for them to comply with the United States Constitution. I mean, the Trump administration appears not to be just content with starving Americans and cutting off their food payments, but they want to beat them as well with court permission. We got a new ruling coming out of Judge Ellis in Chicago, but with the Trump administration running another couple of days ago into a Seventh Circuit court asking to have Judge Ellis's order, a simple order not to abuse journalists, clergymen, veterans, and other First Amendment protesters on the streets of Chicago.

2:56Michael Popok:They ran into court to say, no, we want effectively to abuse Americans, to use unnecessary and unreasonable force. They hit them with our cars. I'm Michael Popak. I'm going to catch you up right here on Legal AF and on the Midas Touch Network about what is happening with an order that was issued by Judge Ellis, an appeal that was taken by the Trump administration, and a Seventh Circuit, which I'm going to have to try to evaluate because they once blocked this judge back on Halloween about something that was related into the case. but I'm not sure that will make them rule for the Trump administration this time around.

3:33Michael Popok:And I'll catch you up because it's a fast-moving story. We're going to get a new development by Thursday, and I want you to know what's happening right now. Thanks for being here. Hit the free subscribe button. Come over to Legal AF, the YouTube channel. Do the exact same thing. Let's start with Judge Ellis, Sarah Ellis. Two different cases in Chicago. One involving a judge, April Perry, who issued an order to stop the National Guard. This is not a National Guard update. The National Guard, that issue went to the Seventh Circuit. They agreed with Judge Perry, went over to the Supreme Court, and it's being brief there right now.

4:09Michael Popok:This is Judge Ellis, who was dealing with the attack by federal forces of Donald Trump's on domestic soil who are just doing First Amendment protests. And the fact that a federal judge has to write in an order, don't use non-lethal weapons, don't use rubber bullets, tear gas, pepper balls, gang tackle, hit people with your cars. That's just not a natural compliance with the Constitution. It's just mind boggling. So everything I'm going to read to you, I'm going to show you some video as well. Everything I'm going to read to you about the preliminary order, this is what the Trump administration wants permission to do.

4:51Michael Popok:There's no other way to interpret their emergency stay application to the Seventh Circuit. Let's start with the preliminary injunction. I posted it on Legal AF Substack for you. It is hereby ordered that defendants, who she refers to as the federal agents, are enjoined in this district from. And as I talk about each thing, we'll roll a clip from the streets of Chicago so that you can see what I'm talking about, to illustrate what I'm talking about. Interactions with journalists. They are barred from, they are enjoined from dispersing, arresting, threatening to arrest, threatening or using physical force against any person whom they know or reasonably should know as a journalist, unless the federal agents have probable cause to believe that the individual has committed a crime other than failing to disperse.

5:44Michael Popok:They may order the journalist to change location, but they can't abuse them. Let's show a clip here of a producer being thrown to the ground and identifying herself as a producer for a local television station. Let's roll that clip. What's your name? What's your name? Debbie Browning. I work for WGN. Let them know. I got you. Debbie Browning? Brockman. Sir, what's your name? In the back, what's your name? Say that one more time. What's your name?

6:19Michael Popok:They also can't issue crowd dispersal orders, meaning a lawful command given by a federal agent to leave an area that requires any class member, that means the people that are protesting, to leave a public place that they lawfully have a right to be, unless there's exigent emergency circumstances. Now, here's the list that is really appalling that she had to tell the government not to do, and for which they are now seeking permission. Using riot control weapons, kinetic impact projectiles. It's about as bad as it sounds. Compressed air launchers. We'll show some video. Less lethal specialty impact chemical munitions against the person who's protesting.

7:01Michael Popok:Using riot control weapons. Deploying gas canisters of various types. Firing compressed air launchers. How about this one? Striking any class member with a vehicle. She has to tell them not to hit people with their cars. Using hands-on physical force, such as pulling or shoving to the ground, tackling or botting, slamming any class member. We've got video of that. using choke holds, carotid restraints, neck restraints, or any other restraint technique that applies prolonged pressure to the neck, seizing or arresting a member, class member, who is not resisting a lawful crowd dispersal order. She also orders that they wear identification numbers on their uniforms, even if they are undercover, that they use body-worn cameras, that they wear cameras so that she can monitor.

7:58Michael Popok:Now, that was entered on the 6th of November in an eight-page order I posted on Legal AF Substack. That led to the Trump administration going to the Seventh Circuit to try to convince them to allow them to do all those things. An emergency motion for stay pending appeal. Now, the primary argument here is that is twofold. One, they're arguing that the journalists and the clergymen and the veterans that brought their case don't have standing. They can't bring the case. They don't have the right injury to even be in court, so the injunction is invalid. Then they say that the judge has unilaterally exceeded her authority as an adjudicator, as a judge, and she's infringing on the powers of the executive branch.

8:46Michael Popok:now where they're getting that from is about a week or so ago she ordered that greg bovino who ended up being found to have lied to her in court as the chief patrol agent for the u.s customs and border protection that he report on the use of force each day the seventh circuit didn't like that i'm gonna leave i'm gonna give you a clip about bovino in a minute didn't like that and said that she had exceeded her authority because, according to the Seventh Circuit from October 31st, it put the court in the position of an inquisitor rather than that of a neutral adjudicator of the party's adversarial presentations.

9:29Michael Popok:It sets the courts up as a supervisor of Bovino's activities and intruding into decisions of the executive branch. So they issued the mandamus then. Does that mean they're going to side with the Trump administration now? I'm not so sure about that. Let's talk about Bovino for a minute. Bovino lied in her courtroom. He said he was hit with a rock and that's why he fired tear gas. And yet she found that to be untrue. Here's a clip of his video deposition testimony that she found to be perjurious, a lie. Let's play the clip. No, all uses of force have been more than exemplary. I see. So they have been actually, what would be the word?

10:13More than exemplary. Is the use of force that is shown in the video and in these photographs in terms of the striking of the pepper balls, is that exemplary? I won't make a decision on a hypothetical situation, a situation that either I'm not involved in, nor do I have any direct knowledge of. I don't know. How about better than exemplary? Is that a better than exemplary use of force? I'm going to comment on what that use of force is or anything else. I was not there. Next question. As the commander of the agents on the ground in Operation Midway Blitz, can you look me in the eye and acknowledge that the use of force applied against Reverend Black that is depicted in the video and in these photographs is unacceptable and inappropriate and should not have happened?

11:15Can you tell me that? Objective form. I can tell you that I don't know what the use of force was here. And I can't make a judgment either way because I don't know.

11:29Michael Popok:And here's the video of him throwing the canister. Let's play that clip.

11:38We're standing there! Terrorizers! Traffickers! Get the f*** out! You can even open it! Where is my people?

12:07Michael Popok:So I think she had every right to supervise Pavino, don't you? uh seventh circuit got the motion and said not so fast trump administration we want full not going to block the preliminary injunction just yet which means it's still applicable which means the trump administration could violate it and it's probably violating it as we record before the ink is dry on this video they want full briefing by thursday this thursday and at which time they will either hold an oral argument and or issue their decision likely a decision sometime over the weekend. So to stay in touch so you know what's happening, come over to Legal AF, the YouTube channel.

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13:26Michael Popok:That's what keeps it rolling along. It's about$7 a month. and I promise you, we'll give you the content. You'll get the return on your investment. 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 Substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the Substack. You'll find the court filing and the oral argument there, including a daily roundup that I do called, wait for it, Morning AF. What else? All the other contributors from Legal AF are there as well. We got some new reporting.

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