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Once Again Trump Administration Attempt to Ban New Transgender Recruits Gets Slapped Down, This Time by a US Appeals Court

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Will Trump Administration Take It to the Supreme Court?

The Trump administration’s attempts to ban new transgender recruits from the U.S. military have once again hit a roadblock, this time in the form of a three-judge panel on the 4th Circuit U.S. Court of Appeals. The court Thursday afternoon denied the Trump administration’s request to block a lower court’s order mandating transgender recruits be allowed to join next year.

The Dept. of Justice, under the direction of Attorney General Jeff Sessions, and in the wake of the president’s July 26 tweets announcing he would ban all transgender service members from the military, has been trying to not allow any more transgender people into the armed services. The administration has been denied at every turn.

The order from the US Court of Appeals for the 4th Circuit brings the question closer to the Supreme Court, where the Justice Department could now turn in a last-ditch effort to stop transgender people from being allowed to join the military if they meet certain conditions starting in the new year,” Buzzfeed Legal Editor Chris Geidner reports.

A federal judge last month ordered the Pentagon to revert to plans made prior to Donald Trump becoming president. Those included allowing openly transgender people who wish to serve their country to be allowed to join the military beginning January 1, 2018.

Today’s ruling is consistent with a separate ruling from U.S. District Judge Colleen Kollar-Kotelly.

Prior to Thursday’s ruling, three federal court judges separately have already ordered the U.S. military to accept new transgender recruits as of January 1, and the Pentagon has said it will comply.

The Trump administration has yet to announce how it will respond to this latest ruling.

“We disagree with the Court’s ruling and are currently evaluating the next steps,” Justice Department spokesperson Lauren Ehrsam told Buzzfeed.

It’s hard to imagine Jeff Sessions’ DOJ not asking the Supreme Court for a stay, which likely would be granted.

There are other similar cases pending.

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.

To comment on this article and other NCRM content, visit our Facebook page.

Image: DOD photo by U.S. Navy Petty Officer 2nd Class Dominique A. Pineiro via Flickr

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Chief Justice Smacks Down Trump

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U.S. Supreme Court Chief Justice John Roberts has issued a rare, and terse, 31-word statement, seemingly in response to President Donald Trump’s rant calling call for the impeachment of Senior U.S. District Judge James Boasberg, who on Saturday ordered two deportation flights to be turned around under a contested law.

The Trump administration, declaring the planes were over international waters, decided the judge’s order was not lawful, and did not order the planes to return home.

Trump lashed out Tuesday, at 9:05 AM, in an unhinged rant, calling Judge Boasberg a “Radical Left Lunatic,” “a troublemaker and agitator,” who “was not elected President” — before calling for his impeachment.

Chief Justice Roberts, who was appointed by President George W. Bush almost 20 years ago, issued a stern rebuke.

READ MORE: Trump Border Czar ‘Doesn’t Care’ About Judges — One Might Make Administration Think Twice

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose,” Roberts said in his statement, as first reported by Politico’s Kyle Cheney.

Politico is calling it “the most intense public conflict between Trump and Roberts since 2018, when the chief justice came to the defense of federal judges who’d ruled against Trump policies.”

Earlier on Tuesday, Cheney had reported that the “invective from Trump against Boasberg also is set against the message from Chief Justice Roberts, who warned against efforts by public officials to intimidate judges — including by the threat of impeachment — which could provoke ‘dangerous reactions.'”

Those remarks came from Roberts’ year-end report, during which he lamented, “Public officials certainly have a right to criticize the work of the judiciary, but they should be mindful that intemperance in their statements when it comes to judges may prompt dangerous reactions by others,” as USA Today reported at the time.

“Unfortunately,” the Chief Justice had also said, “not all actors engage in `informed criticism’ or anything remotely resembling it.”

READ MORE: ‘Welcome to Autocracy’: Trump Declaring Biden’s Pardons ‘Void’ Debunked and Denounced

At Trump’s State of the Union earlier this month, political observers were stunned by Trump’s remarks, caught on a hot mic, when he thanked Roberts.

Watch below or at this link:

Image via Reuters 

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Trump Pushes to Impeach ‘Radical Left Lunatic’ Judge in Unhinged Morning Rant

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In a further escalation of his administration’s targeting of the federal judiciary, President Donald Trump posted an unhinged rant Tuesday morning, calling for the impeachment of a U.S. District Court judge—likely James Boasberg—whose orders his legal team had allegedly defied.

Trump did not name him, but Senior U.S. District Court Judge James Boasberg had ordered the President’s legal team on Saturday to turn around two planes carrying hundreds of immigrants in the process of being deported under an obscure 1798 wartime-only law.

Politico‘s Kyle Cheney reports that “Trump’s call to impeach Chief Judge Boasberg for a ruling he disagrees with is an escalation of his administration’s increasingly ominous battle with the judiciary.”

The administration’s decision not to follow Judge Boasberg’s order — which Trump officials claim was not valid and therefore, they say, did not constitute defiance — may be leading the country toward a constitutional crisis, according to legal experts.

At 9:05 AM Tuesday, President Trump unleashed his unhinged rant, further stoking the flames of a constitutional crisis.

READ MORE: Trump Border Czar ‘Doesn’t Care’ About Judges — One Might Make Administration Think Twice

“This Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President – He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he did WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING!” Trump wrote on Truth Social, the social media platform he owns, appearing to include a typo.

“I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY,” the President insisted.

Trump continues to claim a “mandate,” but his popular vote win margin ranks about 50th out of 60 presidential elections, and, according to The New York Times, “Trump’s Electoral College Victory Ranks 46th in 58 Elections.”

Trump went on to claim, “I’m just doing what the VOTERS wanted me to do.”

“This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!”

The New York Times reported on Sunday that legal experts had been trying to determine “how close the Trump administration is to open defiance of the Constitution’s system of checks and balances.”

“Trump administration moved one large step closer to a constitutional showdown with the judicial branch of government when airplane-loads of Venezuelan detainees deplaned in El Salvador even though a federal judge had ordered that the planes reverse course and return the detainees to the United States,” the Times reported.

Two days later, cable news networks like MSNBC are currently describing this as a “legal showdown.”

READ MORE: ‘Welcome to Autocracy’: Trump Declaring Biden’s Pardons ‘Void’ Debunked and Denounced

On Monday night, U.S. Rep. Jim Himes (D-CT) told CNN’s Anderson Cooper (video below) that he believes America is on the brink of a constitutional crisis.

“You know, we’ve been, as you pointed out, throwing that term around pretty sloppily in the last two months or so,” Congressman Himes said, “but the definition of a constitutional crisis, of course, is when you have no way to resolve two branches of government warring with each other. And you know what you see exactly what’s happening here. It’s a very interesting moment because, this is what Donald Trump does in life, right?”

“And you see him exploring the threshold of ignoring a court order, knowing because he said so before and because his people know this, that that is very serious business, that that is a constitutional crisis.”

“So they’re throwing every mad legal theory up against the wall, they’re dissembling, they’re taking their time and everything and I’ll tell you, we’ve seen this movie a hundred times before.”

After the President posted his Truth Social rant, The New York Times’ Peter Baker wrote: “Trump declares that it constitutes a high crime and misdemeanor worthy of impeachment for a federal judge to rule against him.”

Watch the video below or at this link:

READ MORE: ‘Sounds Like Putin’: Trump Blasted for Declaring Top News Organizations ‘Illegal’

 

Image via Reuters

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Trump Border Czar ‘Doesn’t Care’ About Judges — One Might Make Administration Think Twice

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President Donald Trump’s “border czar,” Tom Homan, on Monday dismissed concerns about federal judges and defended the administration’s mass deportations despite a court order to halt them—but one judge appears ready to force the administration to reconsider.

The New York Times reports that Homan’s “defiant remarks” indicated “that the administration planned to continue such deportations despite the court’s order — an action that could thrust the country into a constitutional crisis, pitting one of the coequal branches of the government against another.”

Chief Judge James E. Boasberg of the U.S. District Court for the District of Columbia on Saturday blocked the Trump administration’s mass deportations to El Salvador and Honduras of hundreds of alleged gang members, under the 1798 Alien Enemies Act, which was to be used only during times of “declared” war.

After Judge Boasberg issued a verbal order “temporarily blocking the deportations,” the Associated Press reported, “lawyers told him there were already two planes with immigrants in the air — one headed for El Salvador, the other for Honduras. Boasberg verbally ordered the planes be turned around, but they apparently were not.”

READ MORE: ‘Welcome to Autocracy’: Trump Declaring Biden’s Pardons ‘Void’ Debunked and Denounced

Axios, citing two senior officials, reported that the “Trump administration says it ignored a Saturday court order to turn around two planeloads of alleged Venezuelan gang members because the flights were over international waters and therefore the ruling didn’t apply.”

On Monday, White House Press Secretary Karoline Leavitt told reporters the judge’s order had “no lawful basis” because the plane was not in U.S. airspace.

The administration claimed the verbal order to turn the planes around was not included in Judge Boasberg’s written order that followed. Some are accusing the administration of intentionally ignoring a legal order from a federal judge.

Monday morning on “Fox and Friends,” border czar Homan defended the deportations, and declared: “We made a promise to American people the President Trump has made a promise to American people, we’re gonna make this country safe again.”

“I wake up every morning loving my job because I work for the greatest president in the history of my life and we’re gonna make this country safe again,” Homan told co-host Lawrence Jones.

READ MORE: ‘Sounds Like Putin’: Trump Blasted for Declaring Top News Organizations ‘Illegal’

“I’m proud to be a part of this administration. We’re not stopping,” he declared.

“I don’t care what the judges think, I don’t care what the left thinks. We’re coming,” Homan warned.

Jones declared his support for Homan’s actions, telling the former Trump acting director of U.S. Immigration and Customs Enforcement (ICE), “I just love seeing you going through these protesters, just crunching on the apple as their liberal tears just flood the hallway.”

Meanwhile, Judge Boasberg ordered attorneys for the Trump administration back into court, for a Monday afternoon hearing, and gave them questions they must answer, according to MSNBC legal contributor Adam Klasfeld.

“1) whether any flight with individuals subject to the Proclamation took off after either the
Court’s written or oral Orders were issued;
2) whether any flight with individuals subject to the Proclamation landed after either the
Court’s written or oral Orders were issued;
3) whether any flight with individuals subject to the Proclamation was still in the air after
either the Court’s written or oral Orders were issued; and
4) whether custody of any individuals subject to the Proclamation was transferred to a
foreign country after either the Court’s written or oral Orders were issued.”

U.S. Senator Elizabeth Warren (D-MA) pointing to a report stating that Trump is using “the Alien Enemies Act for the first time since World War II, granting himself sweeping powers,” wrote: “Trump is defying court orders and abusing wartime powers to deport people with no due process. He’s using the law that put Italian, German, and Japanese immigrants in detention camps during World War II. We are not at war. Donald Trump is not a king. He is not above the law.”

CNN’s Elie Honig and Dana Bash discussed the issue Monday afternoon. Honig said in theory the Trump administration’s decision to not order the planes to return could lead to impeachment, but “we live in reality, that’s not going to happen.”

Watch the videos above or at this link.

READ MORE: White House Caught Admitting Real Reason for Mass Firings: Experts

 

Image via Reuters

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