Trump BLINDSIDED by HIS OWN JUDGE at 12:30 AM…
A Trumpapp appointed judge issued an. order at 12:30 a.m. absolutely crushing. Donald Trump's election scheme with the. United States Postal Service. A federal. judge by the name of Judge Carl Nichols, who Trump appointed during his first. term, made a ruling at 12:30. a.m. Monday morning, this morning. and. he blocked the Trump regime's mailin.
ballot plan, saying that the US Postal. Service lacked the authority to issue. it. I want to explain to you why this. was such a big deal and why I believe. Judge Carl Nichols, a Trump appointed. judge, made this order so late at night. or early in the morning hours. It was to. send a message because here's the status. of Donald Trump's attempt to have the US.
Postal Service create a rule that would. put a new barcode on all ballots in the. various states that would match with. Donald Trump's perception of who are. eligible voters. And if you didn't match. the Trump list of eligible voters, your. mail-in ballot can get destroyed by the. US Postal Service and they could. basically destroy entire batches of. 5,000 or 10,000 ballots at Donald. Trump's discretion. How horrible is.
that? Now, you may recall that there was. lots of litigation trying to block this. The Supreme Court previously held that. some of that litigation was premature. because the US Postal Service hadn't. officially passed the rule. But the. Supreme Court said, "Well, when the rule. actually becomes official, that's when. the injury occurs. Then you can file. lawsuits to the various state attorney. generals." That's what happened. Then in.
a federal court in Massachusetts, a federal judge appointed by former. President Barack Obama, a judge named. Judge Talwani, she ruled against the. Trump regime and blocked the rule. But. the Trump regime was saying, "She's an. Obama appointee. She's a left-wing. activist, Antifa, she's the worst." And. the Trump regime was in their typical. whiny Trump fashion attacking the judge.
And then they sought an emergency appeal. to the Supreme Court to try to block. what Judge Talwani did by blocking the. US Postal Service rule to try to allow. the rule to still be in place. And the. Trump regime's like, "She's an Obama. appointee." So, the Supreme Court is. sitting on a ruling right now as it. relates to Judge Talwani blocking the US. Postal Service rule. But then, and this.
is why I think this is a big deal. because you have this federal judge. appointed by Trump during his first. term. Judge Nicholls issued the order. that's basically an identical order to. the Obama appointed federal judge. And. the reason that I believe Judge Nichols. issued it right now is because what. happened at the end of week, something. else important regarding elections, right? You had Justice Kavanaaugh at the. end of last week for the second time.
agreeing with the Missouri state supreme. court that ruled that the MAGA Trump. gerrymandered maps in Missouri were. unlawful and that you could only change. the maps by a referendum. And the Trump. MAGA crew tried to basically say, "Well, we already had the primaries. We got to. use the unlawful map." and you had. Justice Kavanaaugh in the Supreme Court. twice. He only had a one-s sentence.
ruling. So, he didn't get to actually. see his reasoning, but he seemed to. basically be saying, even a. Trumpappointed Supreme Court justice, Justice Kavanaaugh seemed to be saying. elections are states rights issues. You. can't trump it, pun intended, or no pun. intended, um with your own, you know, perception of elections. It's what the. states run the time, place, and manner. of elections. And so, Justice Kavanaaugh. rejected the MAGA attempt to do the. unlawful map. So, I believe this Trump.
appointed district judge saw, okay, this. Trump appointed Supreme Court justice. made a states rights related decision as. relates to this Missouri gerrymandering. So, now on the United States postal. issue, it's a states rights issue. and. before the Supreme Court rule, then the. Supreme Court may rule as early as this. morning on the and I think they'll. probably rule today or tomorrow. So stay. tuned for that as the Trump regime is.
doing this emergency appeal to the. Supreme Court to try to overturn Judge. Talwani, the Obama appointed judge who. blocked the uh US Postal Service rule. this Trumpapp appointed judge, Justice. Carl Nichols, is like, I'm basically. agreeing with that same reasoning. So, you can't blame it on an Obama judge. I'm a Trump appointed judge and I think. that this US Postal Service rule is. unlawful or improper. So, I'm going to. grant the injunction and block the.
postal service from doing this rule on. the same grounds as Judge Talwani did. So, let me read for you what it was um. that uh Judge Carl Nichols ultimately. ruled. And I think this is a big ruling. right over here. Let me read it for you. He says, "Less than 3 weeks ago, the. United States Postal Service adopted a. final rule requiring that all absentee. and mail-in ballots in federal. elections, including for the elections.
occurring in less than 60 days, be. transmitted only in envelopes satisfying. new design requirements. and be transmitted only to voters who. are verified by the postal service to. have been enrolled in a newly created. quote federal ballot mail portal. As the. government concedes, the postal service. could issue and enforce the rule only if. Congress gave it the authority to do so. But here, no statute grants the postal.
service the power to issue key parts of. the rule. Plaintiffs have therefore. demonstrated that they are likely to. succeed on their claims that the. issuance of the rule was ultravirus, meaning out of bounds. and the record otherwise weighs in favor. of preliminary injunctive relief. Accordingly, and for the reasons. discussed in more detail below, plaintiff's renewed motion for. preliminary injunction against the rule.
is granted. And just to remind you, Justice Carl Nichols is a federal judge. in Washington DC's federal court. So you. have judge Telwani in the Massachusetts. federal court and you have justice you. have judge Nicholls in the DC federal. court. So Judge Nichols DC, Judge. Telwani in Massachusetts. Uh the order. goes on to talk about the background of. the rule and what was being done here. and what the postal service was.
providing. First, the rule establishes a. new envelope design requirements for. federal ballot mail. Outbound federal. ballot mail is mail enclosing a federal. ballot that is transmitted by an. authorized ballot mailer. Second, the. rule creates a new federal ballot mail. portal through which state and local. election officials must ensure that the. individual voters who wish to receive. federal ballots via mail have been. enrolled with the postal service. So, in.
other words, Donald Trump would. basically use the postal service to have. a Trump voter list. And if you do not. meet the Trump voter list, you aren't on. the portal. So, you get removed from the. state list. Remember when Donald Trump. was demanding that the states give him. their lists? It was part of this plan. Do you see why he was doing it now? Cuz. he wanted to look at the lists and then. take out people from the lists, but have. some of the lists preserved. So then the.
postal service can deny the people that. Trump wanted to kick off the list. That's what Trump was trying to do. Third, the rule requires the postal. service to verify that each piece of. outbound federal ballot mail both. satisfies the rule's envelope design. requirements and is being sent to a. voter enrolled on the mail-in or. absentee participant list. The rule. contemplates that this verification will. be achieved in part by scanning the IMB. on the outside of an outbound envelope.
and confirming that it corresponds to an. IMB in the portal. So what Trump wants. to also do, he's going to have his own. list with his own barcode. And if you. don't make his list, you get rejected. Even if you make his list, if he says. you don't package it the right way when. you gave it to the postal service, even. if you're on the list, he can kick you. out and it'll just be at his discretion. So remember the whole thing with like. hanging chads, right? With George W. Bush, it was like, was it a hanging chad.
or was it not? Trump basically is going. to say, "I'm going to now evaluate the. way you literally mail your ballots and. I'm going to decide if it's a valid. ballot if you you had to follow all my, you know, bizarre rules." So anyway, that's the procedure. Um, then Judge. Nichols goes on to say, "Are there is. there standing?" Right? There has to be. standing. And Judge Nichols says, "Plaintiffs are likely to succeed on the. merits. at least some plaintiffs likely.
have article 3 standing to sue. And it. goes on to say, to establish article 3. standing, a plaintiff must show that he. suffered an injury, that the injury was. likely caused by the defendant, that the. injury would be redressed by judicial. relief. Then it goes on to talk about. the different types of plaintiffs. Plaintiffs assert they have standing. under at least five independent. doctrines, political candidates. Then it. goes on intervenor, state defendants,
state attorney generals, um other st. voters, um and it goes on to list the. election officials, different categories. of people, and the court says they have. standing. Then the court says, this is. Judge Nichols, the Trump appointed. judge. Turning to the merits, plaintiffs. raise various claims against the final. rule, but the court need only reach one. of them. The issuance of the final rule. was ultravirus. Plaintiffs are likely to. succeed on the claim. And it goes on to.
say, "The key portions of the rule. exceed any conception of the outer. bounds of these authorities. Take. sections 705.24.4. and 705.24.5. for example. Together, those provisions. establish a federal enrollment and. recordkeeping system. The federal ballot. mail portal mandate that state election. officials input voter and ballot. identification information into the.
system. Require the creation and. dissemination of state specific mailin. and absentee participant list. And make. the distribution of outbound federal. ballot mail contingent on compliance. with this entire regulatory regime. Nothing in the Postal Reorganization Act. authorizes the postal service to impose. new election procedures on state. election officials to create a data. collection system for mailin and.
absentee voters or to refuse the. transmission of lawful mail because it. fails to meet these data collection. requirements. To be sure, the act gives. the postal service all other powers. incidental, necessary, or appropriate to. the carrying out of its functions. But. the defendants have not shown how the. creation of state specific mailin and. absentee participant lists or the. refusal to mail envelopes not registered. on those list are necessary or.
incidental to the specific powers. deliated in the act. All of which relate. to the processing and delivery of mail. So just to break it down in a very basic. term, Congress gave the postal service. certain powers and if it was within. those powers from a prior law that. Congress passed that existed for some. time, then the postal service can do. that. Ultravirus outside the authority.
The postal service has never been given. the authority by Congress to do these. things. And ultimately, Donald Trump, if. you want to do these things, have. Congress pass a law. But clearly, Congress doesn't want to pass this law. You you control all branches of. government. Unless and until Congress. passes a law, you using the postal. service to put barcodes and to have all. these different procedures which you. claim, hey, it's just a way we're going.
to try to organize things. The court. saying BS. You're not doing this in. order to organize the mail. You're doing. this to try to supersede to try to. preempt state election procedures. And. that's not allowed. Now a broader. question could even be does Congress. ever have authority under the. Constitution to even enact this? You. would have a separation of powers fight.
at that point. If Congress passed the. law because let's say Congress passed. the law that enabled all of this to. happen. The states would still make the. argument. You're still infringing on. states rights. time, place, manner of. elections is still a states rights. function. So you can't usurp, you can't. take that authority, Congress, even if. you pass the law. But you see what Judge. Nichols is saying, we don't even have to. get there. We don't have to even get. into those issues. All we have to look. at is what law is the US Postal Service.
claiming this authority? Let's look at. that law. That law doesn't say you get. to do all of this and interfere with. state elections, right? In the future, if there was a law that says you. interfere with state elections, that. could still be challenged on the basis. of se co, you know, separation of. powers. But we're not even there yet. We. just know that there is no law that. enables this ultravirus outside the. bounds. So where does this basically. take us at this point? It takes us to.
the point where this US postal service. rule is blocked in a DC federal court. It's blocked in a Massachusetts federal. court. A Trumpapp appointed judge and. Obama appointed judge both agree the. postal service rule to try to tamper. with and manipulate the postal service. and the election ballots is invalid. Now. I think this gives cover to the Supreme. Court to basically say look a liberal.
and a right-wing judge both agreed with. this. And what I suspect that what we'll. see happen now and I think we'll see it. today or we'll see it tomorrow and. that's why justice that's why Judge. Nichols wanted this order and I think. we'll see from the Supreme Court. justices a one sentence maybe a. paragraph just denying um Trump's. emergency appeal to enact the uh postal. service rule. So big deal and a big deal.
that it was done at 12:30 a.m. Let me. know what you think about all of this. Appreciate you for getting in the weeds. with me on the law. Thanks for watching. Hit subscribe. Let's get to 7 million. subscribers. Hey, if you want the full. story, how democracy got here and how we. take it back, pre-order our new book, WTF America, today. Just scan the QR. code or click the link in the. description. Let's do this.
