🚨Trump’s OWN JUDGES JUST CAUGHT ON…

Donald Trump's legal arguments across. the country at all various levels of. federal courts at this point where he. invokes national security for this, national security for that, it is now. starting to just backfire and blow up in. Donald Trump's face as we're hearing. federal judges say, and this is. unprecedented for them to have to say, "We don't believe you. We don't believe. when you invoke national security that. it's really national security. We think. it is pretextual and you're just.

invoking national security in order to. try to rush through things that would. otherwise be illegal." We saw this most. prominently very recently with the. Trump-appointed judge, Judge Kelly, Timothy Kelly in Washington D.C. federal. court, who ruled against Donald Trump's. media ban of Politico, MS Now, and CNN. The Trump regime argued, "We are banning. these media entities for national.

security grounds among other reasons. because they're publishing information. about this war on Iran and it's harming. our troops and it's making us less safe. here at home." And a Trump-appointed. judge addressed that issue head-on and. directly and basically said, "We don't. believe you. We are not buying it. I. don't believe you." Federal judges don't. don't buy don't believe it anymore. We've talked about the presumption of. regularity that the DOJ was once.

afforded, that federal judges would. generally believe that the DOJ was not. like a lying entity. This is something. of a corollary, it's a little bit. different, but there were these. presumptions that federal courts once. held like sacrosanct. One was that the. DOJ is generally, you know, there with a. regular process following a DOJ manual. That's been thrown it the window. The. very idea that the commander-in-chief.

would and let's just call it what it is, fraudulently invoke national security. In prior times, that would be just an. unheard of concept. And a. Trump-appointed judge is saying that in. the order that ultimately restored the. hard pass to Politico, CNN, and MSNBC is. one of the grounds for rejecting Donald. Trump's protectual reason for blocking. them. We also saw in Trump's ballroom. case before the DC circuit, although.

ultimately the Supreme Court allowed the. construction to continue basically on. the grounds that it's already happened. and there's nothing we can really do and. it's late and you know, but the DC. Circuit Court of Appeal in their ruling. also said, "Look, if you want to say. national security, maybe underneath like. the bunker is national security that you. claim you're building, but the ballroom, we're just we don't buy it. We don't. think that you that's actually a. national security thing when you claim.

drone port and that it's going to be. this massive shield from ballistic. missiles or whatever the hell, you know, you're claiming." And then this is very. notable too because as Donald Trump's. trying to push forward this triumphal. arch as he's calling it by the Arlington. Cemetery. The thing that Donald Trump's. saying there is, "Look, we want to turn. the arch into a another drone port and. we want it to also be a sniper vessel, like a drone port sniper vessel and.

there's going to be all these drones. just flying all around DC and snipers on. arches and. um and this is what he's going to try to. push forward when ultimately the. litigation comes to a head because right. now as it relates to the triumphal arch, there's a quasi injunction on it. If. there's major construction, there has to. be I think it's like a 30-day notice. period to the federal judge when major. construction takes place. And so we'll.

see that argument being advanced. Politico, Kyle Cheney and his team there. did a great article about this as well. where they talked about how federal. judges now across the country are. rejecting the national security pretext. by the Trump regime in all of these. various cases. And then like you also. saw like when Trump like what Trump did. in the case that was filed by MS now. Politico and CNN is Trump will do like a. social media post. So embarrassing to. even have to report this as a former.

litigator, as a law professor. So Trump. will make a social media post and then. say this is hereby national security and. I'm by this truth I declare the national. defense is on the line and our national. security is at the line. Then the DOJ. takes the social media post and then. sites to it as look, the president of. the United States and national security. Look at his truth. And then they put it. in a declaration. It's It's really. unfathomable stuff. I want to bring in.

Harry Litman from the Talking Fed's. YouTube channel, podcast and Substack. And Harry, this is where he's going to. go as well I think when the regime is. over and we're dealing with these issues. of absolute immunity. He's going to try. to say yeah, the those war crimes that I. committed here, here, here, they're war. crimes. So it was national security. This was within my Article 2 powers and. this is you know, he's almost he's found. that this argument because it's so.

serious. National security is a big. freaking deal. You know, that's why. there were these this deference to the. commander-in-chief, but it was never. viewed that the commander-in-chief would. use it as a get out of jail pass to. commit all of these crimes and to engage. in this conduct. So Harry, how big of a. deal of it that we have big of a deal is. it that we have federal judges saying, "We don't We just We don't think it's a. national security. You're a liar. Like, you're a big liar about this.". >> Huge. Um and let me I This is what we've been.

focused on really from the beginning of. Trump even Trump 1.0. The concern always. has been for me, my prime concern is you. have this very well-established doctrine. of deferring to uh executive uh. determinations of emergencies, and then you just potentially defer on. the facts, courts always have, and then. he's off and running and applying it. from the start, as we've always known,

to bogus situations, including, for. example, the Alien Enemies Act. Remember, we're going back now Judge. Emmerglick. uh basically uh had the uh really uh. fine opinion saying, you know, deferring. is one thing, but something totally. untethered to the facts, no, there's. nothing to defer to there. And that's. basically what Judge Kelly said here. And I agree with you. If you read it.

carefully, he's basically calling them liars. So, remember what happened. I mean, it's a. really pristine. uh case to that shows that they're full. of it. Trump does this precipitous. arbitrary social media tweet on a Friday. saying, "I'm I don't I'm kicking them. out cuz I don't like what they write.". You can't have a cleaner case of. viewpoint discrimination, and that is. the actual decision. And then they come. in and try to dress it all up somehow as.

a national security issue saying, and. this was at the oral argument, too, "National security, you know, can be. very subtle. You never know. Sometimes. the decision-maker doesn't say national. security cuz doesn't want to give away. our secrets. And it was all a Looney. Tunes argument with untethered to the. facts and reality. And Judge Kelly said. two things and they were, you know, really, I thought, important,

impressive, especially coming from a. Trump judge. He said, first, I see no evidence that the actual. decision was based on national security. So, that's where he's calling it out. That's the same thing as in the. ballroom. They they jump on national. security thinking it gives them some. leverage. That's not how they started. with the ballroom, but now add the in. order to serve national security, they. have to go all the way up 9,000 ft or. whatever. It's totally the, you know,

um, argument of choice of a scoundrel. and authoritarian. And Kelly said, I see. no evidence that this was part of the. actual determination. So, that's. basically calling out the, um, the. Department of Justice and the US saying, you're trying to basically pretend or. put one over on me that this is what. Trump had in mind last Friday. Total. crock, zero evidence. And then also, I. see no evidence that there that there is.

any this the stuff that you're. proffering it's it's bogus. And he. makes, Trump-appointed judge, he makes. the reference to the principle, the one. that, uh, you know, in Project 2025, they thought they could ride all the way. home, that you have to defer. But he. says, as Immigrant had said, um, before, you can't defer to nothing. You know, you've got you can't defer to wind. If. you if there's a determination, you.

know, we I can try to be deferential. about it, but it it's not what any what. the administration says goes. And and. you know, it's so important cuz we've. had these circumstances and up at the. Supreme Court, you've had Alito, Thomas. basically authoring opinions that you. know, if if the Trump if the president. and the Trump administration says it's. raining even though it's sunny, we've. got to defer to that.

basically and leaving almost no way out. and that was always to my mind the. biggest general danger. for how Trump would try to basically run. roughshod over the law. Emergency, emergency, what? Well, you have to. listen to me, defer to me. What I say is. an emergency is an emergency, for. example. Emergency, immigrants in the. country, remember that? Emergency, lots. of homicides in Chicago. They don't.

count as emergencies not to mention that. that the administration has come forward. and. misrepresented what the facts on the. ground are. So, man oh man, the the the. district courts are now willing to say, well, we used to have this principle, but you know, I'm not you're not going. to make a sucker of me. It's you're trying to proffer it, but. it's got no application. Sorry, I this. wasn't about national security nor could. it have been and to to push back on.

things for that reason, I think is just. um. I you know, deeply. welcome development because it's the. same play they want to make in every. area. They'll try to steal an election. Emergency, emergency, they what's the. what's the emergency? And they'll and. I'll be some crap about fraud etc. that. the that if you have courts who just. don't look at the facts because they. say, oh, we just have to defer to what. the president says, that's the single.

greatest sort of analytic danger of how. they let Trump get away with. constitutional murder. >> Everybody subscribe to Harry Litman's. YouTube channel. It's called Talking. Feds. After this video ends, search. Talking Feds. Tell Harry in the comments. I say hello. We're going to keep on following these. developments. It's just yet another. presumption that's shattered. Presumption of regularity, presumption. of national security invocation by a. commander in chief. Presumption that our.

markets are stable. We we could. deal with issues outside of just the. legal field. That our Treasury bond. market would be stable and without. market manipulation and interference. from Trump and a Treasury secretary. Our. alliances being stable and. you know, NATO Article 4, Article 5. There's so many things that the Trump. regime has shattered because believe it. at the end, he hates this country. He. hates our laws. He hates what we're. about. I just think the evidence is.

clear. I'll leave you with that. Subscribe to the Talking Feds YouTube. channel. Thanks everybody. >> Thank 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.