🚨Trump’s Firing INSTANTLY BACKFIRES…
a federal judge laying the smackdown on. the Trump regime after the Trump regime. has continued to try to appoint. unlawfully their own US attorneys who. have been rejected by the federal. district courts and we're seeing this. take place across the country because. they're not confirmed by the United. States Senate and they are staying in. their positions longer than they're. allowed. There's a process. We'll get. into the weeds of it where the federal. judges in a district can basically then.
confirm or pick a replacement for the. unlawful Trump pick who is the top. attorney in a district, the top federal. prosecutor in a district. And so what. the Trump regime then tries to do, and. we're seeing this play out actually. across the country, they then try to. fire the United States attorneys. selected by the district court judges. And then the district court judges are. then fighting back and they're like, "You can't do that. You don't have that. right." Let me tell you what the. Constitution says, Donald Trump.
This is how every other president, Democrat, Republican, from Clinton to. Reagan to George HW Bush to Obama to. Biden to Carter, you name it. It's a. basic process. you appoint and then the. Senate confirms and then the person. becomes the United States Attorney for a. district. If they don't get confirmed, they can be there for a certain period. of time and then if for whatever reason. they're rejected by the Senate, I'll.
tell you what you do. You pick a new. person who then gets confirmed. That's. the process. That's how it plays out. I. know it's difficult, Mr. Dealmaker, to. make compromises, but that's kind of. your role. And yes, there may be certain. states that have two Democratic. senators. So, you know what you do? You. know what it happened where there were. Republican senators and a Democratic. president. You figure it out. You go, "How's this person? How's that person? Man, I can't get my ideal pick, but this. person seems like they'll enforce the. law." And that's what this position is.
about. And so, would you accept this. person? You reach a compromise. You make. a deal. That's the way the system is. supposed to work. Good faith. But what. happens when you have a regime and not. an administration that doesn't exercise. good faith? They try to contort every. piece of language and everything that. requires good faith and implied. covenants of good faith and fair dealing. and then they just throw it out the. window. I'll bring our attention right.
now to the Western District of. Washington, but frankly this is taking. place across the country. I mean, Alina. Haba, for example, who just married a. Turkish billionaire and Cash Patel was. at the wedding with people who were. believed to be Russian double agents who. the FBI previously declared were double. agents and didn't want to work with them. as informants while Cash Patel was. partying with them. I mean, whatever the. shenanigans going on there, but she was. one of these examples of these. unlawfully appointed United States.
attorneys. Lindseay Halligan. Uh, you. know, I could give you so many examples. across the country. This was the Trump. regime's playbook. You don't go through. the confirmation process. You put your. person in. The time limit expires of. when they're allowed to be the top. prosecutor in a district. Then you. either reappoint them and say, "Oh, good. to do it again." Or you just change. their title and say, "Well, actually, they're the first deputy." But then they. do the same thing. And then you're like,
I got around it because they're. technically not the United States. attorney. And then it gets challenged. often by criminal defendants in cases. who have standing and saying, "Guess. what? The whole prosecution against me. is invalid because we have an unlawful. United States attorney's office." So. this then trickles down and hurts the. entire case where Trump is engaged in. this unlawful pick of these United. States attorneys who are not being. confirmed by the Senate and whose term.
expires without confirmation. So I. digress, but a federal judge is granting. a preliminary injunction in the lawsuit. brought by Roger Rogoff, the former. United States attorney for the Western. District of Washington against the Trump. administration. Rogoff was fired by. Trump immediately after he was appointed. by district judges. Let's bring in Harry. Litman from the Talking Feds Substack. podcast and YouTube channel. Subscribe. to Talking Feds on YouTube. Harry, this. is an area that you know better than. just about everyone. You were a United.
States attorney in the Western District. of Pennsylvania. You held the top. position at Maine justice in Washington. DC. You clerked for two Supreme Court. justices. Quite the resume there, Harry. Um but you know look here what we had. here in the western district of. Washington a career prosecutor type was. appointed by the district court judges. after the Trump lackey term expired. without confirmation and then the Trump. regime took somebody who was probably I.
don't say this in a disparaging way I. say this in an ideological way in a. positive sense milktoast someone who's. not a political person a headown cubicle. tough tough worker, you know, has the. respect of people in the office, not a. political pick. And so the judges said, "This is our pick. This is our person.". And then the Trump regime looked at this. person, again, a career person who who. has a family, who has a life, who went.
to law school, who rose to this. position, and then he said, "You're. fired. See you later. Your career is. done." simply because the federal judges. said this is the right person for the. job based on their career because Trump. unlawfully picked somebody else and it's. our obligation now to pick somebody. I. wanted to say it that way so you see. that these are humans lives too that. they're screwing with and it hurts law. and order generally. Harry.
100%. Thanks for mentioning my. background and and this totally applied. to me. there was uh I had been nominated. more than 120 days uh had uh passed when. someone else was there. So they. appointed the court, the district court. in the western of Pennsylvania appointed. someone, a classic choice, a Republican. in whom they had confidence she'd served. there for a long time. The trains would. run on time and that would be the. court's lookout. But it's part and.
parcel. Um, you know, I think um mighty. and fed heads will remember that it's. all very labyrinthine, but it's all for. what you said. It's in order to protect. the uh advice and consent powers of the. Senate. And the Constitution. specifically says Congress has authority. for appointment of inferior officers, which US attorneys are. But here's the. deal. Administration, choose someone, anyone you want for 120 days, but then.
it's over. Court makes an appointment. You can have your person once you go. through the political process of. submitting them to the Senate. What the. reason there have been holdups here is. they wanted to have people where this. has come up largely you've you've had it. was not uh you know really some of the. least experienced and most hackish sorry. uh US attorneys. So in New Jersey uh and.
we had Lindseay Hagan, Alina Haba and. the uh administration, no one's ever. questioned this. This is how it works. Now you go through the political. process. Oh, the senator doesn't like. him. Okay, the senator has some real. power and you negotiate it out. But not. these guys. And when it happened way. back when, Lindseay Hagan and Alina Haba. were the first. There's been three or. four or five of these now. uh they uh. actually were, you know, Pam Bondi.
outraged. Nobody can tell the president. what to do. Well, actually the. Constitution can when it says Congress. has the ability and Congress can when it. exercises it, but you're totally right. about their savage and malicious. reaction. So, this is they did to this. guy in Western Washington. I'll be uh. there in just a moment. But just what. they did with Alina Haba, the judges. appointed someone when she when the 120. days had run out. Deser Grace, I I want.
to say, and within a couple um hours, here comes the little um Valentine from. um Todd Blanch or whoever was acting. saying, "You are fired pursuant to to. article two." Not we're taking you out. of the US attorney position. said fire, you are fired. Your federal uh. employment is done. And that woman, you. know, was had to hit the road. She's. working at a private uh law firm uh now.
and didn't, you know, question that and. the and the judges didn't fight for the. way they have now. Now, it's here. So, let me cut to the the chase for Roger. Rogoff. He's appointed that way. They. fire him. Boom. and he brings a a prompt. lawsuit and the claim in the lawsuit. that the judge accepted was basically he. was the US attorney always has been the. US attorney by authority of the court. and on the one hand the decision here.
strongly goes with the side that other. courts have done namely you may not buck. the appointment scheme that way and. decide who you want it's not up to you. and if you do we found this out with. Lindsay Hallan. Um, you don't you're not. you're it's as if Mickey Mouse is your. US attorney. It's a it's a it's a non US. attorney. That means it's. non-indictments of non-defendants who. then run free in the streets. It's.
really the public who gets hurt by their. sort of political bullying here. the. district court judge basically said. you've still been US attorney and when. it goes up and the administration said. they'd appeal it right away. There's. going to be two two um different issues. and and the uh administration is going. to be especially vehement about the. second. the it's the first issue is like. as all the other courts have said is. Rogoff you know validly appointed in the.
scheme and is are there attempts to do. end runs around it and and as you've. mentioned they've done several different. little tries here we'll call you this. we'll call you that we'll call someone. else the third but you do the real work. etc and I I think um that that is. definitely prevailing as the uh position. in the courts. Then they will scream to the heavens. Unitary executive I even if uh we. shouldn't have done that. You may not.
instruct the president that they can't. fire someone that's some courts are. going to be pretty sympathetic to that. position which could make for a. basically a stalemate as has happened in. other districts. But ultimately, if the. department wants to follow through and. do cases and protect the public and do. public safety, it can't uh completely. insist on having its own uh person.
contrary to the whole scheme. So, uh a a. a very strong vindication of of how it's. supposed to work and Rogoff is now in. there. There will be the um extra issue. of can you keep somebody from being. fired by the president. It looks like. that goes against what the Supreme Court. has said. But notice that's their tool. here. Oh, you want to actually follow. the law? Okay, you're fired. You're. fired. You're fired. And we're back to a.
kind of a stalemate. So it is really. justified if you want to vindicate this. scheme that they are trying and. administrations before them have not to. get around to say um courts made an. appointment that's a valid appointment. go away but I I just want to flag what's. going to be this extra don't you dare. tell the president whom he or she can't. fire. >> look the sexual predator behaving like a.
predator if found civily liable for. sexual assault. The guy who said you're. fired and took pleasure in firing people. in arbitrary and sometimes humiliating. fashions has ripped apart the government. and has not come up with a competent. replacement mechanism and the ripping a. shred should not have happened in the. first place. Look, the person who was. involved in book records felonies, over. a dozen felony counts, is behaving like. a criminal. I mean, look, the guy who.
bankrupted casinos is screwing up the. bond market and ruining the US trade. relationships abroad. I mean, you know, this is all it's why we talk about. character. You know, it's it's why we. say these things. And, you know, I try. to bring and you try to bring a human. dimension to this. When we talk about. Rogoff, we're talking about a human. being. We're talking about someone who. went to law school, who has a family, who dedicated their lives to working at. the Department of Justice, who because.
Donald Trump got into power and pulled. off these schemes. Rogoff was someone. respected by a judiciary enough to say, "You know what? This is the way it's. going to be. We need you. Okay, this is. what service is about. I will serve. I. will put my head down. It will be a. difficult circumstance." Trump regime. swoops in Rogue Off. your whole career. is over. See you later. I'm ruining your. career right now. You know, and again, Rogoff's not this political person or. probably, you know, and so now look, you.
could say, well, is Rogoff going to find. a job in the private sector this that. maybe who knows? But you're destroying, you're taking away someone's life and. livelihood, you know, and and you know, it it shows a callousness and just think. about this. >> a malice and indifference, right? and. and and then think about the morale in. this office now showing up and having to. work at this place and all the other. people who have families, husbands, wives, whatever, kids, you know, you you.
wake up, you put your tie on, you show. up in the office and you see that. behavior and you go home at night and. you're like, why am I freaking do what. are we doing here? And there's and the. way this impacts so many other people in. the office's life, which then impacts. you and law and order and trafficking. cases being prosecuted and drug cases. being prosecuted and violent crime cases. being prosecuted. They're playing with. your lives, too, as they play with the. lives of these career prosecutors. >> 100%. And it's even worse, Ben, because.
who are the court all gets together, all. the judges, they don't make partisan. decisions. They can't make partisan. decisions. There are at any given time. in a US office one maybe two possibly. three people who everyone respects do. the right thing which of course is. anathema to the Trump administration but. they are precisely the people who have. put justice uh first and worked.
unselfishly and are there the most. respected within the office. So, it's. not just they've harmed a human being. and her his family. They've precisely. cut the legs out from under the person. everyone in the office respects. Everyone knows there's politics, but. when politics aren't driving, when the. court's appointing, it's the best. person, the person everyone goes to. The. judgment in some ways the heart and soul.
of the office. That's what uh Trump is. just slicing out from these offices. >> Subscribe to Harry Litman's YouTube. channel, Talking Feds. Thanks everybody. Appreciate it. And tell Harry in the. comments I say hello. Hit subscribe. here. >> Thank [clears throat] you, Ben. >> Before you go, our book, WTF America, is. available for pre-order now. It's the. story of how we got here and how we. fight our way back. To pre-order, scan. the QR code or click the link in the. description. Let's do this.
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