WarRoom Battleground EP 728： Judge Continued Assault On President Trump's Agenda
Episode Stats
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Summary
In this episode, we talk about the far-left judicial strategy to block President Trump from deporting illegal immigrants, and how the courts are playing a key role in the effort to block it. We also hear from Julie Kelly, Laura Loomer, and George Fishman.
Transcript
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Since you brought up the judges, I would like to point out that the judges in this country
00:00:20.060
We have judges who are acting as partisan activists from the bench.
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They are trying to dictate policy from the President of the United States.
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They are trying to clearly slow walk this administration's agenda, and it's unacceptable.
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As the President said last night, we will continue to comply with these court orders.
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We will continue to fight these battles in courts, but it's incredibly apparent that
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there is a concerted effort by the far left to judge shop, to pick judges who are clearly
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acting as partisan activists from the bench in an attempt to derail this President's agenda.
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And not only are they usurping the will of the President and the chief executive of
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our country, but they are undermining the will of the American public, tens of millions of
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Americans who duly elected this President to implement the policies that are coming out
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Sixty-seven percent of all of the injunctions in this century have come against which President?
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Sixty percent of the injunctions by partisan activists in the judicial branch have come
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against President Donald Trump, and ninety-two percent of those have been from Democrat-appointed
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This is a clear concerted effort by leftists who don't like this President and are trying
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And I would just like to point out that the judge in this case is essentially trying to
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say that the President doesn't have the executive authority to deport foreign terrorists from
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It is the opinion of this White House and of this administration, and that's why we're
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And it's very, very clear that this is an activist judge who is trying to usurp the President's
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Under the Alien Enemies Act, the President has this power, and that's why this deportation
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And this judge, Judge Boesberg, is a Democrat activist.
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His wife has donated more than $10,000 to Democrats, and he has consistently shown his
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disdain for this President and his policies, and it's unacceptable.
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Okay, the first hour we talked about the color revolution, the escalation of violence you're
00:02:41.960
seeing around the country, whether it's a Tesla dealership or right now, outside and
00:02:47.020
often inside Trump Tower in Fifth Avenue in Manhattan.
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Now we're going to talk about the main line of battle of these radicals, and that is
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We've got Julie Kelly's going to join us momentarily.
00:03:02.760
Also, George Fishman from Center for Immigration Studies.
00:03:06.440
A brilliant piece this morning in Axios about President Trump's legal team and what they're
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Your favorite, Beryl Howell, is basically unwinding or trying to unwind.
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I know you're shocked, Julie, but they're trying to unwind the Doge effort and the effort of
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the State Department over at the Institute for Peace to essentially shut it down.
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So I'm just trying to catch up on this lawsuit.
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As you can imagine, it's like every 30 minutes, there's a new update or a new lawsuit.
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But it looks like former chief judge, this is James Bosberg's predecessor, another Obama
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So it looks like she denied a motion lawsuit for a temporary restraining order to reinstall
00:04:06.580
I think this is just the board members who were dismissed by President Trump and replaced.
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So, and there's also other breaking news you've got about other in this process.
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What do you have for us at the appellate level?
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So, the court appears to the appellate court has been expediting the appeal of Jeb Bosberg's
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temporary restraining order, class-wide temporary restraining order against the President's
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Alien Enemies Act proclamation that was published on Saturday.
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So, just breaking news right now, oral arguments in that case is scheduled now for Monday at
00:04:47.460
And so, this will determine the appellate court, and there's a three-judge panel.
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And actually, Steve, this is the same three-judge panel that heard the lawsuit by now former
00:05:02.460
And this is the appellate panel who actually dismissed Hampton Dellinger, overturning Amy
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Berman Jackson's reinstatement of Hampton Dellinger.
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This is the same panel, Karen Henderson, who is a George H.W. Bush appointee, Patricia Millett,
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who is an Obama appointee, and then Justin Walker, a Trump appointee.
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Tell us where we stand on this Wednesday afternoon.
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People were talking about we're getting the Warren Posse is very focused on getting into
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You've done the best job of everybody in this quite complicated battlefield because there's
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Just where do we stand here on Wednesday afternoon, ma'am?
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Now, there's a separate hearing in this Venezuelan terrorism case on Friday.
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So, the battle right now, and this unfolded today.
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Jeb Bosberg asking, demanding from the Trump administration these details about the deportation
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And they are resisting, the Trump DOJ is resisting giving Jeb Bosberg that information.
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He came back and said, well, I want it in an ex parte or sealed form.
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And the DOJ filed this real, this was a fiery response saying that they were considering invoking
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state secrets privilege to keep this information away from Jeb Bosberg, like we talked about
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this morning, but also, and so now later, after we talked this morning about this, Jeb Bosberg
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So, he is going to demand this information by tomorrow.
00:07:03.780
But here are some of what the DOJ said in their filing this morning.
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The court, Jeb Bosberg, has now spent more time trying to ferret out information about
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the government's flight schedules and relations with foreign countries than it did in investigating
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the facts before certifying the class action in this case.
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That observation reflects how upside down this case has become as digressive, micromanaged
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has, micromanagement has outweighed consideration of the case's legal issues.
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Now, of course, that's true because we still haven't heard from Jeb Bosberg why he was justified
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And as the DOJ has noted, Steve, that there is precedent in this D.C. appellate court, and
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this will be raised during oral arguments on Monday, that the Alien Enemies Act is not up
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And so, this is one thing that they have argued in their briefs, and I'm sure will come
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So, look, but, and I have a piece on my substack, what Bosberg appears to be doing is establishing,
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setting up a contempt of court trap for the Trump administration.
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He wants these granular details about the flights, not so he can determine how these terrorists
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He wants it to see, look at the timeline and see if at any step they defied his order on
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Saturday night that prevented the DHS and DOJ from authorizing these flights.
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I'm sure that the DOJ is well aware of this, and again, why they want to keep these details
00:09:05.760
He has no justification for pursuing the granularity of how these flights are conducted, where they
00:09:14.080
But this is, I think, I believe, his goal here.
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Because on the unitary theory of the executive, they're coming after President Trump of whether
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he's chief executive and he can make decisions on personnel or on money.
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You've seen this now today on the Institute for Peace.
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They're trying to come after him, Commander-in-Chief, the example you just brought.
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They're also trying to come after his chief magistrate and chief law enforcement officer.
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Because they're also, now it's quite evident, and correct me if I'm wrong, any major
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action he takes, they are ready to springboard with a lawsuit, with top lawyers funded by
00:09:54.740
So folks got to understand, to delay is to deny.
00:10:00.080
And they, in their mind, it's the most successful thing they have so far against President Trump,
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So there was also appellate oral arguments yesterday morning on the firing of a member
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This is the three-member board above the special counsel's office that handles all these federal
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employee complaints, whistleblower complaints, Hatch Act violations, et cetera.
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The president fired the chairwoman, Kathy Harris, from that board.
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Also, in that same oral argument preceding the firing of a member of the National Labor
00:10:51.100
Relations Board, who was reinstated by Beryl Howell.
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So we should be getting a decision shortly about the reinstatement of those two fired board
00:11:04.440
All of a sudden, all of these boards under the purview of the executive branch are independent.
00:11:12.660
So this will actually be a landmark decision, what the D.C.
00:11:20.000
But, Steve, a case that we have been talking about now for weeks, what happened last night,
00:11:25.100
as I predicted, and you and I have talked about Judge Tanya Chutkin, of course, who presided
00:11:29.940
over Jack Smith's J6 indictment against the president, Tanya Chutkin overturning EPA Administrator
00:11:39.640
Lee Zeldin's freeze on the billions of dollars that were sheltered hidden at Citibank a few
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days before the election last year that were doled out to politically tied, politically connected
00:11:56.880
And so not only did Lee Zeldin freeze those funds, he ordered Citibank to return those funds
00:12:03.460
and not give any of the billions of dollars to these specially selected climate non-profits.
00:12:10.980
Judge Chutkin last night entering another temporary restraining order, denying Lee Zeldin's demand
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to get those funds back, unfreezing the funds, ordering the EPA and Citibank to put out those
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disbursements to respond to any requests because these non-profits are going to be harmed if
00:12:34.060
the funds are frozen and not given to them as they demand with, of course, no congressional
00:12:44.880
We've talked about that happening, but here you've got up to $20 billion that are sheltered
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The terms of these grant agreements were changed twice, including a week before the inauguration
00:13:00.760
to make it harder for the EPA to cancel those grants, which is exactly what Lee Zeldin did last
00:13:08.900
And so they did everything that they can to make sure that this $20 billion, no one can
00:13:15.560
touch it, Citibank has it, and these climate non-profits, including one tied to Stacey
00:13:21.160
Abrams, can just put their hand out and Citibank will give them whatever they want.
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That's what Tanya Chutkin endorsed in her ruling last night.
00:13:36.240
I want to bring in George Fishman from Center for Immigration Studies.
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I know you've been swamped and everything else.
00:13:44.500
Mark Caputo, who's recently gone to Axios, has written, quite frankly, a breathtakingly brilliant
00:13:51.560
Inside Trump's Supreme Plot on Immigration, where he goes through, and this is how it
00:13:56.880
starts, President Trump has accelerated a multi-pronged, methodically planned strategy
00:14:02.060
to push the Supreme Court to bless his power to deport vastly more people with vastly fewer
00:14:13.900
So this was given by the White House to Caputo, who's one of the people that covers the MAGA
00:14:20.740
movement and covers the Trump movement and the Trump White House, I think, as good as
00:14:26.600
George Fishman, you've had a chance to go through this.
00:14:30.040
Walk me through the case that President Trump's White House is making about the kind of multi-pronged
00:14:35.880
attack and strategy they have to basically get around the problem we've had so far, which
00:14:41.840
is these federal courts to try to chop block us at the first step.
00:14:47.160
Well, I think it's a fantastic move by the administration.
00:14:51.480
We need Supreme Court decisions on these cases, and I think in the article, the administration
00:14:57.500
said we don't want to put all our eggs in one basket.
00:15:00.560
We're going to pursue a multitude of strategies to deal with illegal immigration, and we need
00:15:08.880
approval from the Supreme Court on as many of these strategies as we can get.
00:15:14.000
I was in the general counsel's office at DHS during President Trump's first term, and pretty
00:15:19.880
much everything we worked on got enjoined by a federal court.
00:15:22.720
So, yeah, we need Supreme Court decisions on these cases.
00:15:35.700
We've also done this for a number of different agencies now.
00:15:38.740
You see how they're using these radical judges to enjoin everything we want to do.
00:15:46.040
Why do they think they're going to game the system to get to the Supreme Court and have
00:15:53.400
Well, I think their best odds are with the Supreme Court rather than the appellate courts.
00:15:59.260
And so instead of just appealing to appellate courts and going through a multi-year process,
00:16:04.620
if they can get the Supreme Court to take up a case directly from a district court's decision,
00:16:10.880
you know, they'll be able to resolve this much sooner than they had in the past.
00:16:16.440
And, you know, by going through the entire appellate process, if the Supreme Court plays ball,
00:16:21.300
one thing they need to be careful about, Justice Roberts and Justice Kavanaugh have turned down
00:16:31.900
In his first term, the termination of DACA, that was stopped by Justice Roberts.
00:16:38.160
A few years ago, the state of Texas' attempt to force DHS Secretary Mayorkas under President Biden
00:16:47.700
to enforce immigration laws, that was turned down, Texas was turned down by Justice Kavanaugh.
00:16:54.320
So, you know, in terms of not all eggs in one basket, they have to remember that these are not
00:17:08.120
And I want to know from the article, because this is obviously Miller's thinking,
00:17:11.080
why does he think he's got odds of them even picking it up?
00:17:14.920
I mean, we've seen, to date, a real hesitancy of the Supreme Court to get involved in this.
00:17:20.540
I think the only time, they've gotten involved two times.
00:17:23.240
One is to reaffirm this procedural aspect, which Mike Davis and Julie Kelly tell us ridiculous.
00:17:30.160
The other is Roberts coming out yesterday, and I think putting out this proclamation
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that only empowers these radical judges when he talked about impeachment.
00:17:40.820
So, from the article, which is clearly Stephen Miller's and others' thinking,
00:17:44.860
why do they think they have a higher probability of even the Supreme Court wanting to get involved
00:17:53.240
The Supreme Court, on a number of occasions, has been able to come up with decisions
00:17:58.580
that don't really answer the base question, you know, on DACA.
00:18:05.000
They didn't determine whether DACA was legal or illegal.
00:18:11.860
I would presume that the administration's goal is to, in essence, put the Supreme Court in a box
00:18:18.020
where the Supreme Court has to make a ruling on the merits of the case,
00:18:27.700
George, before I let you go, we know that in the supplemental or in the reconciliation,
00:18:37.740
And Todd Benzman comes on here and breaks this down for it because the logistics chain's been broken,
00:18:42.360
and this is what they need to set up the logistics, the actual logistical mechanism
00:18:46.520
to deport up to 10 million illegal alien invaders.
00:18:49.760
We've seen now this firestorm, Julie, and she's going to come back with us right after you bounce.
00:18:55.520
You've seen the firestorm off of even deporting the worst of the worst.
00:19:01.200
The criminal gangs, the Venezuelan criminal gangs have been designated terrorists,
00:19:08.520
What in here leads you to believe that this will give us a pathway,
00:19:15.340
to actually deport up to 10, do mass deportations of up to 10 million people, sir?
00:19:23.420
The Alien Enemies Act has essentially been used three times.
00:19:36.180
The goal of the Trump administration is to use it in the context of these mafia states,
00:19:41.920
governments such as Venezuela, where there's such a close connection between the government
00:19:50.980
that when the organized crime group or the terrorist group acts,
00:19:55.080
it's really the acts of the national government.
00:19:59.000
And you need to do that for the Alien Enemies Act,
00:20:02.100
because it only applies in instances where there's an act by a foreign government.
00:20:07.140
So if they can get the Supreme Court to buy off on the theory that the Alien Enemies Act
00:20:12.960
can be used against these mafia states, then, for instance, just theoretically,
00:20:22.660
and actions of the Mexican drug cartels or actions of the Mexican government,
00:20:27.400
that would theoretically give the president the ability to use the Alien Enemies Act
00:20:32.940
against any Mexican national in the United States who is not a U.S. citizen.
00:20:44.300
But, you know, we need to get to the Supreme Court to issue a ruin.
00:20:54.700
You're considered an expert in this field and very close to the Trump administration.
00:21:04.520
Everything I publish is on the website of the Center for Immigration Studies.
00:21:09.560
And, you know, as is Todd Benzman and Andrew Arthur and other people,
00:21:24.700
You're seeing the fight up close and personal on deporting as commander-in-chief
00:21:31.620
in a national security crisis the worst of the worst that have been designated a terrorist group.
00:21:37.800
As you read this closely and think that Miller and these guys have worked on this now for years,
00:21:43.760
it's going to be a tough—we're going to have to punch hard on the deportation of 10 million people.
00:21:49.900
Are we not, given what the left's going to do and create a firestorm about this,
00:21:53.740
not just in the media, but also in the courts, when you see how radical these judges have been to date?
00:21:59.380
Well, I mean, I think reading through this quickly,
00:22:02.320
the strategy was really smart to start with these disgusting lowlifes.
00:22:07.620
As the biggest example of something that's easy, use this rarely applied statute, the Alien Enemies Act,
00:22:17.540
to deport all of these Venezuelan terrorists tied to the Maduro regime and the TDA gang.
00:22:25.540
And it does, though, give the American people a glimpse of how the courts are going to handle this.
00:22:32.720
And even with what should be considered a layup case, the lowest hanging fruit,
00:22:39.200
to get these scumbags out of our country who are here illegally anyway.
00:22:44.700
And I posted the little snippets of the five, the first five unidentified Venezuelans.
00:23:02.000
Well, okay, I am assuming that we're going to learn a lot more about who these individuals are.
00:23:08.240
But talking about them, having the ACLU defend them, Mark Elias defend them,
00:23:15.900
this is a really illuminating glimpse into these judges and how they are going to handle this
00:23:22.640
and defend these illegals being here and the American people having an opportunity to say,
00:23:28.340
wait a second, how can a judge who's thrown J-6ers, American citizens, in federal prison for doing nothing,
00:23:39.300
So, I mean, to start with this, basically, aside from a few others, the Hamas protesters, etc.,
00:23:46.040
is a really interesting and, I think, convincing and smart strategy if this is accurate, how they're going to proceed.
00:23:58.160
No, I think it's very accurate and I think it's very smart.
00:24:02.740
You have the Democratic left and the progressive left arguing about, as you said, all these guys tatted up all over.
00:24:10.100
Well, actually, he's an innocent victim of this group.
00:24:13.100
This group is a terrorist group, a terrorist criminal group from one of the worst regimes in the world.
00:24:17.580
And look at the fight we're going through on this.
00:24:19.920
That's why I think the WA has been very smart to line everything up because then when you get to the mass deportations,
00:24:24.900
I tell you, not just the media, but the left-wing legal apparatus is going to come.
00:24:29.140
What they want to do is destroy the sovereignty of this republic and they will pull at any stop to do it.
00:24:37.560
I know you're writing nonstop, trying to catch up with all this on your substack.
00:24:40.600
Where do people go to get the latest update so we can keep our head above water on this?
00:24:45.740
And also, I think I just want to say putting Democrats in the position of defending these terrorists as well.
00:24:52.020
This will probably be, I assume, aside from what's happening in Doge, Doge and immigration,
00:24:58.780
the two defining issues in the 2026 congressional midterm elections.
00:25:04.760
And so putting Democrats in the position of the only two groups of people Democrats will defend
00:25:10.700
are federal government workers and illegal aliens, some of whom are suspected terrorists.
00:25:16.660
So these will be two good wedge issues next year.
00:25:22.180
Of course, I'm on Substack Declassified with Julie Kelly.
00:25:28.600
And there's new appellate briefs that were just filed.
00:25:31.240
I'll be posting that later tonight on ex-Julie underscore Kelly, too.
00:25:42.460
So, the main line of battle through the federal courts, it's going to intensify big league.
00:25:51.220
Laura Loomer is going to join us right after a short commercial break.
00:26:04.140
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00:35:14.080
Okay, we've got a cold open for, now, this is about the daughter of this radical judge
00:35:20.660
that is, everybody is now up on the ramparts to try to impeach at the House Judiciary Committee.
00:35:26.720
A loophole that lets prosecutors use different rules of evidence in court
00:35:35.420
when they are prosecuting specific, usually black or brown people.
00:35:41.360
Most places around the country have some kind of gang law at this point.
00:35:45.160
And a lot of these gang laws are really loosey-goosey.
00:35:47.360
They basically define a gang as like any two or more or three or more people
00:35:51.680
who have any kind of unifying symbol who commit a kind of crime together.
00:35:56.720
Now, when you think of how teenagers are and how often kids have unified,
00:36:00.660
how often did we all draw that weird S in our notebooks?
00:36:04.080
And I don't know, like shoplift candy, whatever.
00:36:08.060
The point is, these laws can be very broadly applied because they are very, very vague.
00:36:15.120
When we look at databases, for example, New York's gang database,
00:36:18.360
it becomes apparent that these laws are almost exclusively applied to people of color.
00:36:22.440
So, for example, in New York, 99% of people in the gang database are not white.
00:36:27.200
This is really significant because what gang law is really intended to do
00:36:30.920
is prosecute groups of people for doing crimes together, right?
00:36:37.440
The law of conspiracy, for example, is intended to prosecute groups of people who do a crime together.
00:36:43.020
But conspiracy actually requires prosecutors to do the work of proving that the people had a common scheme
00:36:48.420
and that they actually took material steps towards completion of their scheme.
00:36:52.740
They can just claim that people are all in the same gang,
00:36:54.860
so whatever crime one of them does, the other ones must have wanted to do too
00:37:00.000
This opens the door to prosecutors using evidence in court that they would never be allowed to use
00:37:07.000
So, for example, if I'm accused of a crime and I am saying,
00:37:13.640
Most of the time, prosecutors are not allowed to introduce evidence that my friend committed a whole bunch of crimes
00:37:18.640
and kind of imply to the jury that if my friend did a whole bunch of crimes,
00:37:24.060
But in gang cases, that's exactly what they're allowed to do,
00:37:27.220
which is essentially a totally huge departure from the normal rules of evidence
00:37:37.760
because it's much easier to bias juries when you can say,
00:37:42.140
And then they are subjected to harsher penalties
00:37:44.380
because gang crimes also confirm more alternatives.
00:37:48.860
Okay, there's whole tons of issues in criminal justice reform
00:37:53.860
about these RICO charges and nonviolent drug dealers, etc.
00:38:03.300
but that woman employs the daughter of the judge
00:38:06.540
that's basically making decisions about when President Trump,
00:38:10.860
has designated certain gangs to be terrorist organizations,
00:38:28.620
is a woman by the name of Emily Galvin Almanza.
00:38:31.620
And she's actually the founder of Partners for Justice.
00:38:43.700
And they are the employer of Catherine Boesberg,
00:38:50.480
the federal judge who just struck down the deportation
00:38:54.140
of all of these dangerous Train de Agua gang members.
00:39:04.300
And you can see in the video that her employer,
00:39:11.520
And they think that gang laws are discriminatory.
00:39:14.540
And this entire organization focuses on helping people
00:39:24.160
the Train de Agua gang members are not white people.
00:39:37.240
who are committing heinous crimes in our country.
00:40:06.460
and he's getting involved in the details of this case,
00:40:26.740
Because I investigate all of the family connections,
00:40:33.820
during the trial of President Trump in New York City.
00:40:36.900
All of these judges have massive financial conflicts
00:40:39.480
of interest or massive family conflicts of interest.
00:41:07.800
and the focus today during the White House press briefing
00:41:18.820
And I don't understand why the mainstream media
00:41:25.700
So they don't want to report on stories that I break
00:41:30.260
But regardless of whether they like me or not, Steve,
00:41:35.120
that this is enough to get the judge to recuse himself.
00:41:38.200
So we're pontificating and we're wasting all this time
00:41:41.700
listening to all these ridiculous pundits on TV
00:41:49.340
that a federal judge is blocking the deportation orders.
00:41:52.140
Oh, my God, how can the judge try to create policy
00:41:56.100
Well, then why don't you actually use information
00:41:58.580
that has been uncovered by an independent journalist
00:42:03.940
I just don't understand this dance that people engage in.
00:42:15.720
to immediately get this judge to recuse himself.
00:42:19.800
Well, listen, somebody's paying attention to you,
00:42:26.360
Are they giving you a notice they're going to file?
00:43:00.680
radical leftist funds that are funded by George Soros
00:43:07.520
And I put out an exclusive report on X last week,
00:43:30.240
And then yesterday, my lawyer and I received a letter
00:43:33.180
from the lawyers representing the Hopewell Fund
00:44:08.480
Alex is talking about the rising levels of violence
00:44:19.100
so they couldn't get into the atrium this time.