0:00

time for Justice Matters with

0:02

former federal prosecutor and legal

0:04

analyst Glenn Kirschner. A

0:16

federal appeals court has called out Donald

0:18

Trump for his abuse of power. Glenn

0:20

gives details next on

0:23

Justice Matters. These

0:25

These are difficult times, and if you

0:28

believe in justice, progress, and democracy, the

0:30

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0:32

be pretty depressing. And that's why

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there's a new podcast called Good News

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America. Listen on this platform

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at Good News for lefties.com or

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wherever podcasts are heard. Hey

1:01

all, Glenn Kirschner here. So

1:03

friends, I'm gonna take

1:05

a chance here and say

1:07

you've probably never seen a federal

1:09

appeals court opinion like the one

1:12

that was just handed down

1:14

by the Fourth Circuit Court of Appeals

1:16

in the Abrego Garcia case. I

1:18

know I have never seen anything

1:20

like it. Now, you

1:23

undoubtedly know that

1:25

Abrego Garcia was basically

1:27

kidnapped. by the Trump

1:29

administration, stuffed onto a

1:31

plane, sent down to El

1:33

Salvador, where the United

1:35

States told the president of

1:38

El Salvador to imprison

1:40

Garcia and others that

1:42

had been wrongfully deported.

1:44

The U .S. is paying

1:46

taxpayer dollars to detain,

1:48

confine, jail Mr. Garcia

1:50

and others down there.

1:53

And this prompted a lawsuit And

1:55

the judge presiding over that

1:58

lawsuit, a Maryland federal court judge,

2:00

Judge Cines, directed

2:02

the Trump administration

2:04

to facilitate Mr. Garcia's

2:06

release and return. The

2:09

Trump administration ran up to

2:11

the Supreme Court and the

2:13

Supreme Court affirmed that order,

2:15

directing the Trump administration to

2:17

facilitate Garcia's release and treat

2:19

his case the way it

2:21

should have been treated. And

2:24

then Judge Cines started to

2:26

look into whether the Trump

2:28

administration should be held in

2:30

contempt for violating her court

2:32

order and, in substance, the

2:35

Supreme Court's order, affirming her

2:37

order. But you know, the

2:39

Trump administration doesn't like the

2:41

fact that Judge Cines is

2:43

litigating this potential contempt issue.

2:45

So they ran up to

2:47

the Fourth Circuit Court of

2:49

Appeals and they said, please

2:51

tell her to stop. Put

2:53

a stay on what she's

2:55

doing. She shouldn't be doing

2:57

this to us. Well,

3:00

not only did the appeals

3:03

court not tell Judge

3:05

Cinez to stop, they

3:07

communicated loud and clear

3:09

in substance. They

3:11

see what the Trump administration is doing,

3:13

and you know what? The

3:15

emperor has no clothes. Let's

3:19

start with just a little bit

3:21

of the new reporting, and then we're

3:23

going to have a look at

3:25

this short order, this ruling from the

3:27

Fourth Circuit Court of Appeals. But

3:30

first, this from CBS News.

3:32

Appeals Court says Trump administration's

3:34

claims, in the case of

3:36

Kilmar, Arbrego Garcia, should

3:38

be shocking to Americans.

3:42

And that article begins, a

3:44

federal appeals court said Thursday that

3:46

the Trump administration's assertions In

3:48

the case of a Maryland man

3:50

who had admitted was mistakenly

3:52

deported to El Salvador should be

3:54

shocking to all Americans and

3:56

made an appeal to the executive

3:58

branch to vindicate the importance

4:01

of the rule of law. The

4:03

brief unanimous opinion authored by

4:05

Judge Harvey Wilkinson of the

4:07

U .S. Court of Appeals

4:09

for the Fourth Circuit rejected

4:11

a request from the Trump

4:14

administration to pause a district

4:16

judge's order. that required it

4:18

to facilitate the release of

4:20

Garcia, a 29 -year -old who

4:22

lives in Maryland from Salvador

4:24

and custody, and explain the

4:26

steps it has taken to

4:28

return him to the U .S. And

4:31

friends, wait until you

4:33

hear some of the things

4:35

that this Ronald Reagan -appointed

4:38

judge writing for a

4:40

unanimous three -judge panel had

4:42

to say about what the

4:44

Trump administration is trying

4:47

to pull here. After

4:50

the break, Glenn reads a portion

4:52

of the judge's order. That's

4:54

next here on Justice

4:56

Matters. Hi,

5:08

I'm John Fugelsang. And I'm Professor Corey

5:10

Brettschneider. And we are here to tell

5:12

you about the oath in the office,

5:14

an essential new podcast about the extremely

5:16

strange times we find ourselves in. In

5:18

the first few seconds in office, the

5:20

President of the United States is required

5:22

to take an oath to preserve, protect,

5:24

and defend the Constitution. And we're going

5:26

to hold him to that pledge. despite

5:28

the fact that he has threatened democracy

5:30

and even the law itself. It's all

5:32

about hope for what democracy should look

5:34

like and getting real about what our

5:36

democracy does look like from an esteemed

5:38

constitutional scholar and a deeply unqualified comedian.

5:40

Subscribe to the Oath in the Office

5:42

wherever you get your podcasts. calling

5:54

out the Trump administration in

5:56

the Kilmar -Abrego -Garcia case. Here's

5:58

Glenn with the Court ruling. Order.

6:03

Upon review of the government's motion,

6:05

the court denies the motion for

6:07

an emergency stay. The relief

6:09

the government is requesting

6:11

is both extraordinary and premature.

6:13

While we fully respect

6:15

the executive's robust assertion of

6:18

its Article II powers, We

6:20

shall not micromanage the

6:22

efforts of a fine district

6:25

judge attempting to implement

6:27

the Supreme Court's recent decision.

6:30

It's difficult in some cases to get

6:32

to the very heart of the

6:34

matter, but in this case, it's

6:36

not hard at all. The

6:39

government, the Trump administration, is

6:41

asserting a right to

6:43

stash away residents of this

6:45

country in foreign prisons

6:47

without the semblance of due

6:50

process that is the

6:52

foundation of our constitutional order.

6:55

Further, it, the Trump

6:57

administration, claims in essence

6:59

that because it has rid

7:01

itself of custody, that there

7:03

is nothing that can be

7:05

done. This should be shocking,

7:08

not only to judges, but

7:10

to the intuitive sense

7:12

of liberty that Americans

7:14

far removed from courthouses

7:16

still hold dear. And

7:19

friends, you might recall

7:21

that Donald Trump's DOJ lawyers

7:23

have been taking the

7:25

position in court that when

7:27

they've been ordered to facilitate

7:29

a Brego Garcia's release and

7:32

return, it requires them to

7:34

do nothing, nothing. In

7:37

fact, they said, well, all we

7:39

have to do is if Mr.

7:41

Garcia presents himself at a port

7:43

of entry into the United States,

7:46

we have to let him

7:48

come in. That's all we

7:50

have to do to facilitate

7:52

his release and return. Well,

7:56

the appellate court judges had

7:58

a little something to say

8:00

about those asinine claims. The

8:04

Supreme Court's decision does not

8:06

allow the government to do essentially

8:08

nothing. It requires the

8:10

government, the Trump administration, to

8:12

facilitate Abrego Garcia's release from

8:14

custody in El Salvador and

8:17

to ensure that his case

8:19

is handled as it would

8:21

have been had he not

8:23

been improperly sent to El

8:25

Salvador. Facilitate is an active

8:27

verb. It requires

8:29

that steps be taken as

8:32

the Supreme Court has made

8:34

perfectly clear. And

8:36

friends, the appeals court then

8:38

goes on to say

8:40

that If they were to

8:42

accept the Trump administration's

8:44

definition of facilitate, it

8:46

would reduce the rule

8:48

of law to lawlessness

8:50

and tarnish the very

8:52

values for which Americans

8:55

of diverse views and

8:57

persuasions have always stood.

9:00

And then friends, there's this

9:02

passage in which the

9:04

appeals court judges basically

9:06

say, You know

9:08

we're not stupid. We

9:10

see what you're doing. If

9:13

today, the executive,

9:15

the president, claims the

9:17

right to deport without due

9:19

process and in disregard of court

9:21

orders, what assurance will

9:23

there be tomorrow that

9:25

it will not deport American

9:28

citizens and then disclaim

9:30

responsibility to bring them home?

9:32

And what assurances shall

9:34

there be that the executive,

9:37

the president, will not

9:39

train his broad discretionary powers

9:41

upon his political enemies? The

9:44

threat, even if not

9:47

the actuality, would always be

9:49

present. And the executive's

9:51

obligation to take care that

9:53

the laws be faithfully

9:55

executed would lose its meaning.

9:59

Friends, Friends, this.

10:01

This opinion is the

10:03

rule of law at

10:05

its finest. This

10:08

is allegiance to the

10:10

Constitution. This

10:13

This is America

10:15

as it's supposed to

10:17

be Because

10:20

justice matters. Friends

10:24

as always, please stay safe, please

10:26

stay tuned, and I look forward to

10:28

talking with you 'all again tomorrow. Watch

10:31

Glenn on his Justice Matters

10:33

YouTube channel. Also find him on

10:35

Substack, Blue Sky, Instagram, and

10:37

Patreon. This is Justice Matters.