Trump’s Half-Baked Border Plan Collides With Legal Reality (w/ Andrew Weissmann) | Illegal News
Quick Read
Summary
Takeaways
- ❖A DC district court judge quashed grand jury subpoenas against Jerome Powell, citing Trump's public statements as evidence of harassment.
- ❖The standard for a grand jury subpoena is low, but harassment is an explicit exception, which the judge applied.
- ❖Trump's strategy to charge border crossers with federal trespassing is failing because prosecutors cannot prove intent to trespass.
- ❖The administration's 'tough on crime' immigration strategy is creating an unnecessary burden on judges and courts.
- ❖The Supreme Court granted cert in two cases challenging the revocation of Temporary Protected Status (TPS) for immigrants from Haiti and Syria.
- ❖TPS revocation cases highlight the administration's attempt to arbitrarily end a program that benefits hundreds of thousands of non-criminal, tax-paying individuals.
- ❖The Maduro drug trafficking case could be leveraged by Trump to fabricate claims of Venezuelan interference in the 2020 election.
- ❖The Fulton County ballots from the 2020 election remain in federal custody, raising concerns about potential future manipulation for election fraud narratives.
Insights
1Judge Quashes Subpoenas Against Jerome Powell, Citing Harassment
A DC district court judge, Judge Boseberg, quashed two grand jury subpoenas issued to the Federal Reserve concerning Jerome Powell. The judge found the investigation to be a pretextual harassment campaign, directly referencing numerous public statements by the President criticizing Powell and seeking his removal. The legal standard for a grand jury subpoena is very low (good faith and legitimate purpose), but harassment is a recognized exception.
Judge Boseberg cited the President's statements, including 'he is too late and actually too angry, too stupid, and too political to have the job of Fed chair,' and analogized the situation to Henry II's 'will no one rid me of this troublesome priest.'
2Trump's Border Trespassing Strategy Fails in Courts
The Trump administration's strategy to federalize land near the southern border and charge immigrants with misdemeanor trespassing is largely failing. Judges are consistently throwing out these cases because prosecutors cannot prove the essential element of the crime: that individuals knew they were trespassing on federal land with intent to do so. This creates an unnecessary burden on the legal system without achieving its stated goals.
Judges are asking federal prosecutors for proof of intent, which is often absent due to sporadic and unclear signage. Prosecutors admit they are 'not allowed not to' bring these cases, despite the lack of evidence.
3Supreme Court to Review Revocation of Temporary Protected Status (TPS)
The Supreme Court has granted 'cert' in two cases challenging the Trump administration's revocation of Temporary Protected Status (TPS) for immigrants from countries like Haiti and Syria. TPS allows individuals from disaster-stricken nations to live and work legally in the U.S. The lawsuits argue that the administration's arbitrary revocation, without proper administrative procedures or due process, is illegal. Lower courts have issued stays, preventing immediate deportations.
Judge Reyes's opening statement in one case contrasted George Washington's welcoming vision with Secretary Gnome's 'full travel ban on every damn country that's been flooding our nation with killers, leeches, and entitlement junkies,' highlighting the administration's discriminatory intent. TPS holders contribute billions in taxes and are vetted to exclude felons or those with multiple misdemeanors.
4Maduro Case and Fulton County Ballots: Potential for Election Manipulation
The ongoing drug trafficking case against Venezuelan President Nicholas Maduro and the federal government's continued possession of Fulton County's 2020 election ballots present potential avenues for the Trump administration to 'gin up' false claims of 2020 election fraud. Maduro, facing severe charges, might be pressured to 'confess' to election interference in exchange for a deal. Similarly, control over the Fulton County ballots could be used to support fabricated fraud narratives for future elections.
Trump's consistent claims of a 'stolen' 2020 election and his past attempts to pressure officials (like Zelensky) to 'investigate' political opponents. The government has 'huge leverage' in the Maduro case. The Fulton County ballots are the 'only copy' and remain in federal hands despite a failed mediation attempt to return them.
Bottom Line
The Maduro drug trafficking case could be weaponized by the Trump administration to secure a 'confession' from the former Venezuelan president about 2020 election interference, regardless of its veracity, to bolster false claims of a stolen election.
This creates a direct pathway for the administration to manufacture 'evidence' for its election fraud narrative, potentially influencing public perception and future election integrity debates without any factual basis.
Vigilance is required to scrutinize any 'confessions' or 'evidence' emerging from this case, ensuring that legal processes are not exploited for political gain and that the public is informed of the context.
The federal government's continued sole possession of Fulton County's 2020 election ballots, despite legal challenges, poses a risk for future election manipulation, especially if the DOJ is inclined to support narratives of election fraud.
This control over critical election materials could be used to 'seize ballots' or 'jin up' claims of foreign activity in future elections, potentially undermining the integrity of the electoral process in 2026.
Advocates for election integrity need to monitor the status of these ballots and the legal proceedings surrounding them, pushing for transparency and accountability to prevent their misuse.
Key Concepts
Forest for the Trees
This model emphasizes the importance of looking at the entire context and accumulated evidence rather than focusing on isolated pieces of information. It's applied to judicial decisions that consider the President's public statements and overall pattern of behavior when evaluating the legitimacy of legal actions, rather than accepting each action in a vacuum.
Lessons
- Consider submitting a public comment on Pam Bondi's proposed rule in the Federal Register, which aims to exempt DOJ attorneys from state ethical rules, before the April 6th deadline.
- Support independent legal analysis and journalism by purchasing Andrew Weissmann's book, 'Liars Kingdom,' and Sarah Longwell's book, 'How to Eat an Elephant One Voter at a Time,' to deepen understanding of current legal and political dynamics.
- Stay informed about the ongoing legal cases concerning immigration policy and election integrity, as these have significant implications for the rule of law and democratic processes.
Notable Moments
Judge Boseberg's 'Will no one rid me of this troublesome federal chair' quote, referencing Henry II and Thomas Becket.
This literary reference by a judge highlights the perceived executive overreach and political motivation behind the legal actions against Jerome Powell, framing it as an abuse of power akin to monarchical decree, and demonstrates courts' willingness to acknowledge real-world political context.
Quotes
"In some, the president of the United States has said, 'Will no one rid me of this troublesome federal chair?'"
"He is too late and actually too angry, too stupid, and too political to have the job of Fed chair. He is costing our country trillions of dollars. He's a total loser, and the country is paying the price."
"I do not have to display the sort of naive and pretend that I and ignore what's happening in the real world."
"I just met with the president. I am recommending a full travel ban on every damn country that's been flooding our nation with killers, leeches, and entitlement junkies. Our forefathers built this nation on blood, sweat, and the unyielding love of freedom. Not for foreign invaders to slaughter our heroes, suck dry our hard-earned tax dollars, or snatch the benefits owed to Americans. We don't want them. Not one."
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