Fed up Trump-appointed judge drops bad news for Trump in court - Brian Tyler Cohen

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Transcript:

you're watching the legal breakdown
glenn Donald Trump just got rebuked in
court but it was from another judge who
he himself appointed seems to be a
recurring theme here can you explain
what just happened in court yeah Brian
so there's another federal court judge
in Maryland named Stephanie Gallagher
again as you say appointed by Donald
Trump who pushed back hard on the Trump
administration trying to convince her
that she should allow somebody to remain
in that prison in El Salvador another
Venezuelan immigrant uh who was
wrongfully deported kind of had has
shades of kind of is reminiscent of the
Abrego Garcia case right this this one
has a little bit of a twist so this
young man's name is Daniel Lozano
Kamargo he came to the United States
seeking asylum as a 17-year-old
unaccompanied minor and here's the thing
there is a courtapproved settlement
agreement in 2024 whereby the federal
government said it will not deport
people who came here as unaccompanied
minors who are seeking asylum and their
asylum case is sort of underway and
progressing they will not deport them
until their asylum case has been decided
has been resolved and guess what daniel
Lozano Kamargo's case was ongoing it was
pending it was not resolved he was
protected against deportation under that
courtapproved settlement agreement and
order but Donald Trump's immigration
officials grabbed him up stuffed him on
a plane and put him in that same prison
down in El Salvador and the judge is
none pleased here is the procedural
posture of it right now because we just
had this development so the Trump
administration came into court with
something called an indicative ruling it
sounds suspect it looked suspect when I
looked at it it's basically a form with
some blanks that some immigration
officer filled in and here's what they
tried to pull on Judge Gallagher they
said "Judge look maybe we shouldn't have
deported him maybe he didn't enjoy his
due process rights maybe we did violate
this 2024 court approved settlement
agreement where the federal government
said it wouldn't do this kind of thing
but look somebody's filled out this form
and this form says "Well well if he did
go through his asylum process he would
not be approved for asylum anyway." Can
you can you feel how fishy this kind of
of an ask is from the Trump
administration and Brian this is
priceless let me read for our viewers
what Judge Gallagher said in the
response of that laughable ask from the
Trump administration she said "The
indicative ruling produced by the US
citizenship and immigration services
essentially prejudges the outcome of
Lozano Kamargo's asylum proceedings
before they take place." And the judge
compared it to a court deciding not to
hold a jury trial because the suspect
was caught red-handed or confessed the
judge said quote "It's not a substitute
for the process that was due." Process
is important we don't skip to the end
and say "We all know how this is going
to end up." My order says the judge
requires that he be returned to this
country to get the process she didn't
mince words she didn't flinch she didn't
back down and she is telling the Trump
administration to facilitate the return
of Daniel Lozano Kamargo glenn what do
you make of the fact that this is now
the second Trump appointed judge in just
the last couple of days who've handed
down rulings that run completely counter
to either Trump or or GOP orthodoxy we
just uh had Allison Riggs uh the North
Carolina state supreme court justice go
in front of a Trump appointed judge in
in a federal district court and he ruled
against um all the the Republican
candidate in that race Jefferson
Griffin's efforts to discard 60 some odd
thousand votes that was duly shut down
by a Trump appointed judge now just
today we have this Trump appointed judge
pushing back against the administration
of the guy who appointed him it tells me
Brian that the black robe can be very
liberating because everyone who becomes
a federal judge is appointed by either a
president or a Democrat president so
they all likely have some sort of you
know political ideology that drives them
has driven them through life but let me
tell you Brian after 30 years of
appearing before countless judges once
they dawn the robe and they have
complete independence and they can never
be removed from their position as a
judge unless they engage in serious
misconduct it's very liberating and even
the Trump appointed judges the vast
majority of them seem to be setting
aside whatever political you know
ideology they might have and deciding
the cases based on the facts and the law
without fear or favor and certainly
without favor to the president who
appointed them to the federal bench and
these are fairly easy calls I would say
as a career prosecutor when you look at
the evidence and the law and the
constitution which provides due process
for every person it doesn't say for
every citizen for every person and the
Supreme Court has ruled over and over
and over again that that includes people
who are in the United States of America
illegally and none of these Trump judges
seem to be willing to depart from the
law or that constitutional principle so
this also suggests to me Brian that
Donald Trump isn't being straight with
the American people when he says that
the judges who are ruling against him
are lunatic radical left-wing judges
well to that exact point I want to read
an excerpt from the ruling that Judge
Gallagher handed down again a Trump
appointee i don't think that this is a
case about whether or not Christian is
going to eventually get asylum whether
he ultimately receives asylum is not the
issue the issue is and always has been
one of process and so again this is
going back to this issue of due process
and I find it especially interesting
because the issue of immigration more
broadly is one where of course Donald
Trump generally polls better than
Democrats but because he's decided to go
so far as to lose the plot here um and
really engage in this whole thing where
he's usurping all of the power from the
courts and deciding to eliminate this
whole concept of due process he is now
pulling net negative on immigration and
net negative 21 points as it relates to
the illegal deportation of Kilimar or
Garcia so I find it so interesting that
Donald Trump basically took his best
issue and squandered it because he's
decided to make it a referendum not on
on legal deportations but precisely on
the opposite on taking away due process
and engaging in these illegal
deportations to the point where even
Trump appointees are saying this has
nothing to do with asylum this is about
the president just trying to eliminate
by fiat the very concept of due process
yeah he's completely squandered the
support he had on this issue because I
think we can all agree that the
immigration system ought to be reformed
of course that's something that Congress
has never seemed to have an appetite to
take up but what seems to be more
important to the American people as
reflected in those polls is the rule of
law and you know a a presidential
administration that will abide by the
constitution so you know he has
completely lost the opportunity to to
become more popular from the way he
handled the immigration uh issue and he
has made himself far less popular glenn
we are seeing more and more instances
where the Trump administration seems to
be taking a deport first ask questions
later approach we've seen that they did
it with Kilmer Brea Garcia we're seeing
it in this particular case right here is
there any preemptive action that these
judges could take or that anybody could
take so that we don't lose these people
who've been illegally deported because
Trump then pretends that he can't get
them back once they're no longer in the
US's jurisdiction or do we constantly
just have to be you know chasing after
the rabbit so to speak where we all know
Trump is going to continue employing
this tack uh and and that we have to
then try to engage in this big you know
recovery mission after the fact where we
are relying on foreign dictators to be
willing to abide by court rulings here
in the US yeah Brian it's a great
question and there actually has been a
significant development in recent days
where uh another judge who happens to be
a Trump appointee a federal court judge
out in Texas Fernando Rodriguez said um
guess what Trump administration you
can't deport anybody under the Alien
Enemies Act why because it requires that
we be at war with Venezuela or that we
be subject to an invasion or an
incursion from the Venezuelan military
or the Venezuelan government and we are
not so there actually is at least one
federal court order in place that has
sort of prospectively told the Trump
administration stop it you can't do it
anymore now it's an open question as to
whether the Trump administration uh will
dain to abide by that um I believe
they're already appealing it to the
Federal Circuit Court of Appeals but the
federal courts are trying and you're
right because there is one judge who
actually wrote I believe in another case
involving the Trump administration that
the administration is acting like the
Queen of Hearts in Alice in Wonderland
right guilty verdict first and trial
later and that is exactly what they
tried to do in the case we are
discussing by presenting this indicative
ruling well if we did give him his
constitutional rights he would lose and
the judge said "That's not the point
give him his constitutional rights."
Right Glenn what happens next in this
particular instance as it relates to
this case uh and this ruling handed down
by a Trump appointed judge well it was
on April 23rd that Judge Gallagher
ordered the Trump administration to
facilitate the return of Lozano Kamargo
and instead they presented this you know
Mickey Mouse piece of paper that said
"Well he would lose anyway if we did
honor his constitutional rights." But
her order remains in effect and I don't
think we have an update on what the next
steps are or when we can expect to see
this case back in court but I have a
feeling now that Judge Gallagher has
rejected this latest attempt to
basically circumvent her order we're
probably going to hear more about this
case in in the next couple of days okay
well we will of course stay on top of
this case as well as any other cases
that relate to this issue of Donald
Trump trying to uh subvert the judicial
process and eliminate due process for
those who are entitled to it uh for
those who are watching right now if you
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more broadly i'm Brian Taylor Cohen and
I'm Glenn Kersner you're watching the
Legal Breakdown