Federal judge outsmarts Trump in brilliant move - Brian Tyler Cohen

[TexasTowelie]

let's start if we might from the
decision by judge bosberg tomorrow is
your deadline to answer questions those
questions include the following what
time did the plane take off from us soil
where did it leave from what time did it
leave us airspace and what time did it
land in a foreign country you have I
don't know four five six questions the
judge wants answers to regarding the
details of those flights over the
weekend how will you respond at the
Department of
Justice well well our our our lawyers
are working on this um we will answer
appropriately but what I will tell you
is this judge has no right to ask those
questions you have one unelected federal
judge trying to control foreign policies
trying to control the alien enemies act
which they have no business presiding
over and there are
261 reasons why Americans are safer now
that's because those people are out of
this country the judge had no business
no power to do what he did you're
watching the legal breakdown Glenn that
was Pam Bondi on Fox News railing
against judge bosberg who committed the
cardinal sin of trying to prevent the
Trump Administration from deporting
folks who hadn't had due process yet she
says that the judge had no business no
power to do what he did he has no right
to ask those questions can I have you
reaction to that yeah attorney general
Bondi is wrong and she knows she's wrong
Brian every day I mourn the death of the
Department of Justice the death of the r
rule of law I hope we can revive it
shock it back in to life someday we
won't be able to do it under the
leadership air quotes of somebody like
Pam Bondi and here's the thing I
actually want to start out Brian with a
supreme court quote about why it is that
people must comply with court orders so
here's what the Supreme Court said back
in
1975 persons who make determinations of
the law and refuse to obey an order
generally risk criminal contempt even if
the order is ultimately ruled incorrect
you know that is a Bedrock principle of
law when a judge issues an order you can
contest it but you must ultimately
comply with it and I'll tell you these
doj attorneys I don't know where they
found them I don't know what rock they
crawled out from underneath but Brian
the kinds of things they are putting in
written pleadings and the kinds of
things they're saying in these now daily
hearings before judge bosberg and we'll
talk in a minute about why judge bosberg
is playing a game of chess and the doj
lawyers are not really very good chess
players but let me just quote one more
thing this is something that doj lawyers
actually put in writing they said the
two branches of government meaning the
Judiciary and the executive branch are
co-equal and the the Court's continued
intrusions into the prerogatives of the
executive branch especially on a
non-legal and factually irrelevant
matter should end yeah that's right
that's what they said to a federal judge
Brian in 30 years in courtrooms I've
never heard anybody talk to a federal
court judge or any judge that way first
of all it is not for these doj attorneys
to decide what is relevant to a judge's
determination and what is not and the
last thing you tell a judge while that
judge is conducting a hearing is hey
judge your inquiry must end this is
impertinent this is disrespectful and it
is borderline contemptuous but let me
tell you what judge bosberg is doing
bosberg is pressing these doj lawyers
these are Donald Trump's lawyers make no
doubt about it I don't know who they are
but they're not you know courtroom
practitioners based on what I am seeing
them right and hearing them say and he's
and they're saying things like well you
know judge we have this state Secrets
doctrine that says we don't necessarily
have to tell a judge everything about a
particular issue now Brian mind you all
we're talking about here and you don't
have to be you know a constitutional
scholar to understand this is when did
the planes take take off when did you
learn of my order telling them to turn
around and what did you do did you turn
around no you landed in El Salvador
these are not exactly closely guarded
State secrets so bosberg is walking them
down the Garden Path oh fine you want to
invoke the state Secrets Doctrine I am
ordering you to return tomorrow with
actual evidence about why these things I
am requiring you to disclose to me so I
can decide whether you're in contempt or
not satisfy the state Secrets Doctrine I
mean people might get frustrated because
this seems to be bumping along day by
day but it is because you know Jeb
bosberg judge bosberg is buttoning this
thing up so when he first begins to
discuss the matter of contempt of court
he is going to have a a very complete
detailed evidentiary record and he will
hold them in contempt if that is what
the evidence dictates so he's basically
letting them dig their own grave and
doing it quietly and patiently and at
the end of this when they have to
substantiate all of the lies that
they've gotten themselves into
presumably they're not going to be able
to do it they're not going to be able to
do it and here's the thing Brian people
probably don't know this because now
Donald Trump has been yelling and
screaming about how judge Bose ber is a
radical lunatic left Fringe type you
know we've talked about this before he
was first appointed as a judge by George
W bush yes he that radical communist
George W that radical left-wing nut job
and thereafter admittedly he was
appointed to the federal bench by um
Barack Obama however thereafter Brian he
was elevated to be the chief judge of
the fisa Court the foreign intelligence
surveillance Court by Chief Justice John
Roberts and get this people probably
don't know this you know he is also the
chief judge over something called the
United States alien terrorist removal
court that was a court created in
1966 to litigate issues regarding
whether a particular alien meaning a
noncitizen actually qualifies as a
terrorist such that that person should
be removed from the United States so
here's the thing judge bosberg is
actually a subject matter expert on
alien removal not necessarily under
under this act that they're proceeding
under but generally I'm telling you
Brian I'm not going to say he's setting
up the doj lawyers for a fall but as you
say he's giving them enough rope and
he's going to tie it into a nice little
contempt knot I suspect this is like
when someone's like oh I sorry I don't I
don't really speak English I speak uh I
speak Italian and they're like perfect I
am Italian let's talk in Italian and
they and they're like I don't speak
any Italian Glenn you had mentioned that
this is borderline contemptuous now I
understand that everybody has free
speech rights everybody is able to go on
to cable TV cable news and basically
spout off about any judge they want to
does it change things if the person
spouting off about the judge is the
attorney
general so everybody has free speech
rights including government employees
government off officers cabinet
secretaries even the president of the
United States but you also are what's
called an officer of the court and your
representations must be honest truthful
factual you know Pam Bondi saying the
kind of things that you played in the
lead and you know those are the kind of
things that will damn near get her
referred to her own bar counsil I don't
know if she's a member of the Florida
State Bar I would assume she is she was
attorney general down in Florida um but
you know you do have a duty of cander to
the court that is an ethical cannon that
we all must obey as practicing lawyers
and if you violate these ethical rules
and cannons um you could very well find
yourself being investigated by your
State Bar being sanctioned by your State
Bar and if you're unethical misstep
misstep was significant enough you could
find yourself disbarred like guys like
Rudy Giuliani who is disbarred twice
over both in New York and in Washington
DC so Glenn what are next step steps now
in terms of what we can expect with this
with this bosberg trial as it continues
on and again just a reminder for folks
who are watching this is all regarding
uh Donald Trump sending off these
accused gang members these accused
Venezuelan gang members to El Salvador
despite the fact that none of them had
due process here in the United States
and so when we talk about this this
isn't to blindly defend gang members
this is this is making sure that
everybody in this country is uh is
afforded the right of due process so
that somebody who's not a gang member
for example doesn't get swept up among
people that they shouldn't be swept up
with yeah dangerous criminals whether
they are nonresidents aliens permanent
residents or citizens of the United
States ought to get due process and if
convicted or if found that they should
be deported then they can be convicted
and imprisoned or they can be deported
but the whole key is due process not
leaving it up to the whim of a corrupt
in this in
president and his corrupt you know
flunkies that he sends out to do his
dirty bidding and and I should add and
I'll let you get to the actual question
that I asked in in just a moment but I
should add that if we just blindly
accept this this pretense that everybody
there was was gang members and to just
trust the Trump Administration that's
basically setting up the precedent that
so long as the Trump White House says
that somebody is what they say they are
so long as the Trump White House says
that this person is a a gang member or a
murderer or a rapist whatever it may be
then and we and we allow it without
questioning it we allow it without due
process then that gives them the ability
to sweep up other people um that that
may be completely innocent under this
pretext that oh we're just doing this
because they're gang members but look
Trump's priority is making sure to get
people out of this country and we've
seen from these ice raids that people
who are American citizens and green
green card holders and permanent
residents all of the above are getting
swept up in these raids and being and
being held um in in many instances for
days without any due process and so this
is an Administration that's already
proven that it's not willing to act in
good faith and so allowing them this
this broad latitude to just be able to
deport people without asking any
questions will inevitably set us on this
path where the Trump Administration is
saying one thing as a pretext to be able
to just get as many people out of this
country uh who actually have the right
to be here as possible yeah the fear the
intimidation and the deterrent effect it
will have not only on people who may be
in the United States without status even
if they've done nothing wrong Beyond
coming here you know illegally and
people who might be contemplating trying
to come to America whether legally or
illegally Donald Trump is hoping they
will be deterred stay out we are not a
welcoming country and so to answer your
question about next steps before I get
to that let me just say Donald Trump has
been spouting off recent Rec about how
this judge bosberg character just wants
to let murderers run around in the
United States with impunity you know
judge bosberg Jeb bosberg was one of the
most accomplished homicide prosecutors
we ever had at the DC us attorney's
office putting lots of killers away but
honoring their due process rights in the
process come on Donald you need a better
rap than that so what are the so not
only Glenn not not only is this guy
known for putting these dangerous people
away but was Trump who actually released
1600 charged and convicted
insurrectionists and yet he's the one
pret beating his chest and cosplaying as
some as some Defender and and some some
person who's going to keep the streets
safe when the only person who's actually
released these criminals onto the
streets is Trump himself the death the
death of irony Brian um so so next steps
as I said a few minutes ago you know
judge bosberg is playing chess with
these sort of second rate doj lawyers
and he's going to have them come back
tomorrow and oh you want to invoke the
state Secrets Doctrine to decline to
provide me the information I need so I
can determine whether you are in
contempt of my order that's fine come on
back tomorrow and give me all of the
evidence and information that will
satisfy the state Secrets Doctrine so
we'll be back in court tomorrow we'll be
keeping up on this story and judge
bosberg will keep moving the uh you know
the chest pieces and at some point
figuratively speaking you'll probably
see the doj attorneys just upend the
chess board because they know they can't
win on the merits well look this is an
especially important case if for no
other reason then this is the first case
that we're seeing in broad daylight the
Trump Administration refused to comply
with and so we've been speaking about uh
the prospect of a constitutional crisis
at least legally speaking for quite a
long time now this is the first instance
where we did have a judge hand down an
order the Trump Administration outright
refused to comply and so that's what's
being litigated right now obviously
major implications as this process begin
uh continues to play itself out with
that said we will of course stay on top
of it for those who are watching if you
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Independent Media more broadly I'm Brian
Tyler Cohen and I'm Glenn kersner you're
watching the legal breakdown