Trump Scolded in Open Court after SCOTUS Ruling

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3:08Michael Popok:Well, the time is finally upon us where a federal judge has to use Donald Trump's term shithole countries and a federal opinion blocking Donald Trump from not allowing certain people in this country to apply for work permits or green cards because they are from those countries in Donald Trump's mind. We have Judge Algern Marbley in Ohio, federal judge appointed by Clinton, who's called out Donald Trump and J.D. Vance's racism and has said effectively this administration, like the campaign before it has been based on going after black and brown people while trying to benefit Scandinavian immigration and those from white South Africa.

3:52Michael Popok:Yes, Donald Trump's own racist words, clip by clip by clip, recited by the judge, and also referenced to a dissenting opinion written by Ketanji Brown Jackson, in which the shithole country comment was also reflected there as well. People ask me, why does it matter when Ketanji Brown-Jackson or Sotomayor or Kagan write dissents? They're on the losing end because those dissents can be used by federal judges to support their own position. They speak to a broader audience. They speak to history. They speak to law students and people that want to get into this business and future judges, and they are important.

4:34Michael Popok:You're important. I'm Michael Popok. You're on the Midas Touch Network and on Legal AF. Let's get to the new decision that just came out in the case called John Doe versus Joseph Edlow. John Doe, because they don't want to identify themselves. They're worried that they're going to be outed or somehow retaliated against by the federal government. And I love Judge Marbley for a number of reasons. One, he has one of the greatest judge names of all times. Secondly, he just calls it like he sees it, including having clip after clip after clip referenced in footnotes about Donald Trump's animus towards black and brown people.

5:15Michael Popok:He's effectively calling Donald Trump a racist and that that infects and animates his policies. Here's what he says on page seven. This order I posted in Legal AF Substack for you to review. In sum, the judge says, both the president and vice president have publicly and repeatedly expressed outright hostility toward immigrants, both before and after the 2024 presidential election. Their ire appears focused on immigrants from countries in the Caribbean, South America, Africa, and Asia. As the Supreme Court just observed, in a case called Mullen, actually this one, a Mullen case at the Supreme Court, written by Justice Kagan, President Trump's comments have broadly denigrated countries and maligned certain groups of immigrants, including Haitians, claiming that they are poisoning the blood of the United States.

6:11Michael Popok:The judge continues, this general hostility to immigration contrasts with an apparent interest in and preference for the migration of white people. Aside from a stated desire for more Scandinavian immigration, President Trump has sought to welcome white South Africans, And he has an executive order to that effect. And the judge is saying, I'm not going to ignore that and statements about shithole countries. In fact, here's Donald Trump attacking those other countries in his, you know, while he was on the campaign trail. Let's play the clip. If Kamala gets four more years, the entire country will be turned into a migrant camp.

6:54And that's what's happening. millions and millions of people. When I win on November 5th, the migrant invasion ends and the restoration of our country begins.

7:06Michael Popok:And then you have the whole cats and dogs are being eaten by Haitians thing, which Donald Trump repeated at a debate with Kamala Harris, even though J.D. Vance basically admitted he made it up in order to get media attention. Here's J.D. Vance admitting that he made it up to get media attention. He didn't really believe cats and dogs were being eaten. Play it. The American media totally ignored this stuff until Donald Trump and I started talking about cat memes. If I have to create stories so that the American media actually pays attention to the suffering of the American people, then that's what I'm going to do, Dana, because you guys are completely letting Kamala Harris coast.

7:49You just said that this is a story that you created. So the eating dogs we have thing is not accurate.

7:56Michael Popok:We are creating, we are, Dana, it comes from firsthand accounts from my constituents. I say that we're creating a story, meaning we're creating the American media focusing on it. I didn't create 20 ,000 illegal migrants coming into Springfield thanks to Kamala Harris's policies. Her policies did that. But yes, we created the actual focus that allowed the American media to talk about this story and the suffering caused by Kamala Harris's policies. And yet that didn't stop Donald Trump, as the judge in this opinion noted, from saying it during the debate with Kamala Harris. Play the clip. We're a failing nation and it happened three and a half years ago.

8:36And what's going on here, you're going to end up in World War Three, just to go into another subject. what they have done to our country by allowing these millions and millions of people to come into our country and look at what's happening to the towns all over the United States. And a lot of towns don't want to talk. It's not going to be Aurora or Springfield. A lot of towns don't want to talk about it because they're so embarrassed by it. In Springfield, they're eating the dogs, the people that came in. They're eating the cats. They're eating. They're eating the pets of the people that live there and this is what's happening in our country and it's a shame as far as rallies are concerned as far as the reason they go is they like what i say they want to bring our country back they want to make america great again it's very simple phrase make america great again she's destroying this country and if she becomes president this country doesn't have a chance of success, not only success, will end up being Venezuela on steroids.

9:38I just want to clarify here, you bring up Springfield, Ohio, and ABC News did reach out to the city manager there. He told us there had been no credible reports of specific claims of pets being harmed, injured, or abused by individuals within the immigrant community. Well, I've seen people on television. Let me just say here, this is the... People on television say my dog was taken and used for food. So maybe he said that, And maybe that's a good thing to say for a city manager. I'm not taking this from television. I'm taking it from the city manager. But the people are on television saying their dog was eaten by the people that went there.

10:09Again, the Springfield city manager says there's no evidence of that.

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10:49Michael Popok:Money is on the line. Always say hello with Quo. Try Quo for free plus 20 % off your first six months when you go to Quo.com slash Legal AF. That's Q-U-O dot com slash Legal AF. Now let's get to the shithole countries. I'm sorry I have to curse. It's in a Supreme Court decision. It's written in this particular opinion as well. Let's go to page 43 over to page 44, shall we? Generally, impropriety need not be found for showing a reasonable delay. The judge is trying to analyze whether there is a delay in the process in order to harm or retaliate against these people. Normally, you don't look to see if there's any kind of bad action or bad intent.

11:35Michael Popok:But here, the judge says, the evidence of the impropriety lurking behind the immigration department's inaction is on display for all to see. Indeed, the public record, this is on page 44, is replete with direct evidence of the administration's hostility towards immigrants, with the possible exception of Scandinavians and Afrikaners. Consider the extraordinary contents, tone, and nature of public statements made by the executive branch. These statements indicate an outright hostility to foreign nationals and immigrants from certain countries, predominantly countries in Africa, the Middle East, and the Caribbean, that the administration deems to be undesirable, or in the words of President Trump, shithole countries.

12:23Michael Popok:In fact, just to remind you that he actually said it, the judge gave us a footnote for it as well. Here's a clip. I've also announced a permanent pause on third world migration, including from hell holes like Afghanistan, Haiti, Somalia, and many other countries.

12:47I didn't say shithole, you did.

12:55Remember I said that to the senators they came in? The Democrats. They wanted to be bipartisan. So they came in and they said, this is totally off the record. Nothing mentioned here. We want to be honest because our country was going to hell. And we had a meeting. And I said, why is it we only take people from shithole countries? Right? Why can't we have some people from Norway, Sweden, just a few. Let us have a few. From Denmark. Do you mind sending us a few people? Send us some nice people. Do you mind? But we always take people from Somalia, places that are a disaster, right? Filthy, dirty, disgusting, ridden with crime.

13:40Michael Popok:It's so bad in terms of the language that Donald Trump has used that the court observed that the Supreme Court has said the language is so out of bounds that even the lawyers at the United States Supreme Court for the Department of Justice would not. And the majority that voted for Donald Trump on the Supreme Court would not use those terms. Here's what it says on page 45. Or as the Supreme Court observed in Mullen, President Trump has made statements that broadly denigrate countries or malign certain groups of immigrants, such as Haitians who have come to the United States. That puts it mildly.

14:19Michael Popok:The judge says, as the Mullen dissent by Kagan explains, the evidence of racial animus is there plain to see in the president's statements, which the majority and the government's lawyers cannot even bear to repeat. These statements include, this is from a Supreme Court decision, repellent and racially inflected statements about certain shithole countries whose nationals are poisoning the blood of the United States. I mean, this is literally blood libel against a group of people. Meanwhile, then-Secretary Noem made statements that expressed antipathy toward travelers from countries covered by a renewed travel ban or made derogatory comments about immigration and its effects.

15:07Michael Popok:while Mullen ultimately concluded those statements were likely to show that race was a motivating factor in the termination of the temporary protective status and thus found that Haitian foreign nationals would not be entitled to interim relief. These statements have a different valence in this case where the issue is one of possible impropriety in agency in action. In other words, he's saying when they were analyzing whether temporary protective status could be terminated by the Trump administration. All right, then maybe, maybe in particular, that set of facts was not relevant. It's relevant to the judge here, to Judge Marbley here.

15:47Michael Popok:He's issued a preliminary injunction. He's found the Administrative Procedures Act has been violated, that they're likely to succeed on the merits, and has ordered a list for this group in front of him that those benefits, green card processing and work authorization processing, start flowing. I just can't believe in 2026, I've got to talk about shithole countries coming out of the mouth of Donald Trump. But of course, as I said, it would eventually make its way into court cases. Yet another example, and we have thousands of them, of Donald Trump and his own words being used in cases against him in a losing cause.

16:25Michael Popok:I'm going to continue to follow it all right here on Legal AF. hit the free subscribe button at Legal AF YouTube channel as well. Come over to our Legal AF sub stack where you can read this 69 page opinion on your own. Until my next report, this is Michael.

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