Untethered to the Facts

The latest Main Justice podcast episode

As outrageous as the Trump Administration’s action have been this week, there was also resounding pushback from federal judges across the nation: in Portland, Tennessee, and Massachusetts.

This week we cover Judge Karen Immergut’s two orders restraining the Trump Administration’s use of federalized National Guard in Portland. She says — in pointed but polite terms - that she is not buying what the Administration is selling as it is simply “untethered to the facts.” And she use Trump’s own words against him over and over again, comparing it to the actual facts on the ground. Note: she was appointed by Trump in his first term, which did not stop Steven Miller as describing her decision as part of a “legal insurrection” by Democrats and other domestic terrorists (yes, words and labels that are portentous and over-the-top).

We next discuss the Administration’s continued blowing up of boats in the Caribbean seas, without disclosing the legal basis for doing so. We delve into the latest that is happening and why this is so troubling: if they are killing suspected (but not proven) drug dealers overseas, why not here domestically? Why isn’t this just murder?

Finally, we turn to two more judges ruling against the government: Judge Young (a Reagan appointee) in a lengthy, heartfelt First Amendment decision, and a remarkable decision from Judge Crenshaw in Tennessee finding that Mr. Abrego Garcia had established enough of a showing that the Department of Justice had vindictively prosecuted him to warrant discovery. That rarely ever happens, but you may see it more and more with this Administration (James Comey may be the next up to make and win such a motion). Stay tuned on this one.

Stay engaged. Thanks for listening.

Andrew