As President Trump is settling into his new administration, one of the top Democrats in Congress aiming to undermine the Trump agenda is Dick Durbin of Illinois. And, a photo appears to show President Trump with swollen ankles, prompting speculation about his health.
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00:10:13.300A defining thread of the first few months of the second Trump administration, universal injunctions.
00:10:18.940Rogue judges issuing sweeping rulings, grinding many parts of the Trump agenda to a halt.
00:10:24.100This as the president moved to carry out a key campaign promise, the largest mass deportation
00:10:28.820effort in history. At the center of some of the most controversial injunctions, chief judge of the
00:10:34.400D.C. District Court, James Bosberg, issuing orders blocking deportation flights to El Salvador
00:10:40.340under the Alien Enemies Act, then attempting to hold contempt proceedings for failing to halt
00:10:46.260deportation operations already underway. The Federalist obtaining a memo exposing what appears to be deep
00:10:52.960anti-Trump bias from Judge Bosberg and within the federal judiciary. We spoke with investigative
00:10:58.920journalist at the Federalist, Margo Cleveland, about her scoop.
00:11:02.400The Federalist has obtained a memo exclusively that involves a summary of the Judicial Conference,
00:11:12.200which is a group that helps oversee the federal court system. It is led by Chief Justice Roberts,
00:11:21.700and during the March meeting, they had a breakfast working meeting with Justice Roberts at which Judge
00:11:29.600Bosberg expressed the concern, as he put it, of his colleagues that the Trump administration would
00:11:40.360ignore the orders of the judges, the district court judges, and that would lead to a constitutional crisis.
00:11:50.360Cleveland says the memo offers a rare window into the internal mindset of the very people tasked with
00:11:56.860presiding over active cases against the Trump administration.
00:12:00.500What is striking about that comment, which he made to Chief Justice Roberts, as well as the other
00:12:08.420federal judges who were at this conference, there are about 30 of them, it's the lead judges of the
00:12:15.320different circuits, is that it exposed that Chief Judge Bosberg and his colleagues had a predisposition
00:12:24.380against the Trump administration. We have to remember that Donald Trump is not merely the president, that the
00:12:32.620Trump administration is actually a defendant in scores of cases. And what was revealing is Judge Bosberg and his
00:12:42.860colleagues had obviously discussed not just the president, but a party in litigation. And they expressed a bias about that party. The normal presumption is that parties will follow your ruling. And in fact, there is a presumption in law that public officials will follow the rulings.
00:13:05.880But it's actually the contrary here. By voicing that in front of Justice Roberts, it laid it out plain that there was a bias by these judges. And frankly, I have a hard time understanding how these judges will be able to put that bias aside when the Trump administration is litigating and when they have to decide whether the Trump administration has obeyed an order or not.
00:13:32.680According to the memo, Chief Justice Roberts expressing hope that those concerns would not materialize with the chief justice conveying, quote, his interactions with the president have been civil and respectful, such as the president thanking him at the State of the Union address for administering the oath. Cleveland finding irony in Judge Bosberg's concerns about the Trump administration's regard for the law.
00:13:54.000What is extremely ironic about this situation is that while Judge Bosberg is saying that he and his colleagues don't trust the Trump administration to follow the rulings of the court.
00:14:09.000Judge Bosberg, Judge Bosberg, mere days later, entered an unlawful ruling against the Trump administration in ordering not just the planes to turn around, but in ordering the Trump administration to stop these removals.
00:14:26.280The Supreme Court would later make clear that that case was not properly before Judge Bosberg.
00:14:34.380So it wasn't Trump who was violating the law.
00:14:40.700Separately, the question of ignoring court orders came up Thursday at the confirmation hearing of Deputy Attorney General Emile Bovey, who was nominated for a judgeship on the Third Circuit Court of Appeals.
00:14:51.860Bovey accused by a now-fired DOJ attorney of telling government lawyers considering deportations under the Alien Enemies Act that they might have to, quote, consider telling the courts, F.U., and ignore certain court orders.
00:15:07.280The media calling this employee, Erez Ruveni, a whistleblower, suggesting the DOJ did then go on to ignore court orders under the AEA by Judge Bosberg.
00:15:18.380Attorney General Pam Bondi writing on X, quote,
00:15:20.940This disgruntled employee is not a whistleblower.
00:15:24.220He's a leaker, asserting false claims seeking five minutes of fame, conveniently timed just before a confirmation hearing and a committee vote.
00:15:32.460Chairman of the Senate Judiciary Committee, Senator Chuck Grassley, rebutting attacks on Bovey, noting, quote,
00:15:38.340Most of the emails reflect internal legal debate about how to interpret and apply court orders, something that would not occur if officials intended to ignore them, end quote.
00:15:49.020Grasley noting at the time of Mr. Bovey's alleged comment, there was not even a case filed regarding Alien Enemy Act removals, let alone any court orders to defy.
00:16:00.060Bovey denying under oath that he ever advised any DOJ attorney to violate a court order.
00:16:05.220Margo Cleveland got her hands on a different internal DOJ email, this one from Ruveni's supervisor, who summarized Bovey's actual instruction as,
00:16:15.340He advised our team that we must avoid a court order halting an upcoming operation to implement the Alien Enemies Act at all costs.
00:16:24.440If he was seeking to disregard court orders, there would have been no reason for that directive to be given.
00:16:35.800But to the contrary, the Department of Justice was instructed to try to prevent an order from being entered.
00:16:44.140I think that what is really telling here is that it really is another sign that the Trump administration has gone to great lengths to do everything within its authority to obey what the courts are saying.
00:17:00.420It's the courts that are the ones who are going rogue and entering lawless orders.
00:17:06.440Cleveland says she does not believe Judge Boasberg is likely to recuse himself from any Trump-related cases.
00:17:12.720It's difficult to say whether there is any sort of remedy.
00:17:17.560It isn't Judge Boasberg admitting that he's ruling against Trump.
00:17:22.160It's not the other judges saying they're ruling against Trump.
00:17:28.840And the judges have an obligation to recuse in a case where they have a lack of partiality and there is an appearance of bias.
00:17:39.160I do not think that that is likely to happen.
00:17:41.680I think that if confronted with these comments, the judge or the judges would frame it as we were merely presenting concerns to the court that the judges have, and that is the purpose of the judicial conference.
00:17:55.920Yes, it is the purpose of the judicial conference to raise concerns to the court.
00:18:00.940But one of those concerns should not be that a party is going to disregard your orders.
00:18:07.940That shows a fundamental lack of impartiality.