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Judge Smacks Down Trump in Scathing Memo: Show Up for Trial or Don’t, but Don’t Try to Blame Anything on the Court

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Senior U.S. District Court Judge Lewis Kaplan appears to be losing patience with Donald Trump and the attorney defending the ex-president in a defamation rape case brought by journalist E. Jean Carroll.

Trump, through his lawyer Joe Tacopina, was supposed to inform the judge by Thursday whether or not he would be showing up at trial, which begins next week. Trump is not being called as a witness by Carroll’s attorneys, nor is he legally required to appear or attend.

But Judge Kaplan needs to know if Trump will show, for reasons including security arrangements for the ex-president.

Tacopina appears to have tried to essentially get an excused absence note from Judge Kaplan, so he could blame his anticipated non-appearance on the Court rather than on the ex-president, but Kaplan wasn’t having it.

READ MORE: ‘Crisis of Public Confidence’: Chief Justice Invited to Testify Over ‘Decade-Long Failure’ to Fix Ethics – GOP Warns Against It

“Mr. Trump’s lead counsel expresses Mr. Trump’s alleged desire to testify at trial but seeks an order from the Court excusing his presence unless either party calls him as a witness and, in the event he does not testify, instructing the jury that his ‘absence . .. by design, avoids the logistical burdens that his presence, as the former president, would cause the courthouse and New York City,'” Judge Kaplan writes in a scathing memorandum (below).

“First, the Court neither excuses nor declines to excuse Mr. Trump from attending the trial or from testifying in this case,” Kaplan makes clear.

“Mr. Trump is under no legal obligation to be present or to testify. The plaintiff [Carroll] has made clear that she does not intend to call him as a witness. The decision whether to attend or to testify is his alone to make. There is nothing for the Court to excuse.”

“Second, the Court notes but does not accept Mr. Trump’s counsel’s claims concerning alleged burdens on the courthouse or the City were Mr. Trump to attend or testify,” Kaplan adds, making clear Trump cannot get away with claiming he did not attend or testify as a courtesy to the Court.

And Kaplan reiterates his confidence in all the entities that exist to ensure the ex-president’s safety and security.

READ MORE: ‘Chumbawumba of New York Lawyers’: Trump’s Attorney Allegedly Again Trying to Bypass Judge’s Anonymous Juror Ruling

“Mr. Trump is entitled by law to the protection of the United States Secret Service, which he now has enjoyed as a former president for more than two years. He has a right to testify in this case. As it would do for any person with business before the Court, the Court will do everything within its power to enable Mr. Trump to exercise that right. Moreover, it is entirely confident that the United States Marshals Service and the City of New York will do their parts in securing that right to Mr. Trump, just as they repeatedly have done in other cases involving security concerns.”

Judge Kaplan then makes clear he’s very aware of Trump’s schedule, writing, “the Court notes from Mr. Trump’s campaign web site and media reports that he announced earlier this week that he will speak at a campaign event in New Hampshire on April 27, 2023, the third day of the scheduled trial in this case.”

“If the Secret Service can protect him at that event, certainly the Secret Service, the Marshals Service, and the City of New
York can see to his security in this very secure federal courthouse.”

Kaplan also points out that  Trump has had months to decide – and points out his recent federal indictment.

“Mr. Trump has been on notice of the April 25 trial date in this case since on or about February 7, 2023,” he writes. “There has been quite ample time within which to make whatever logistical arrangements should be made for his attendance, and certainly quite a bit more time than the five or six days between his recent indictment on state criminal charges and his arraignment on that indictment approximately one block from the location of the trial of this case.”

“The question of the requested jury instruction is premature. Mr. Trump is free to attend, to testify, or both. He is free also to do none of those things. Should he elect not to appear or testify, his counsel may renew the request.”

Kaplan also issues a warning: “there shall be no reference by counsel for Mr. Trump in the presence of the jury panel or the trial jury to Mr. Trump’s alleged desire to testify or to the burdens that any absence on his part allegedly might spare, or might have spared, the Court or the City of New York.”

MSNBC legal analyst Lisa Rubin points to Tacopina’s Thursday afternoon response to Judge Kaplan.

“While Trump was ordered to tell Judge Kaplan today whether he intends to attend part or all of the Carroll trial,” she writes, “he won’t give the judge a straight answer. (And if you’re not a lawyer, let me translate: That’s not going to go over well. At all.)”

Read Judge Kaplan’s memo below or at this link.

Image via Shutterstock

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Stephen Miller’s Latest Rant Prompts Priest to Cite Goebbels Propaganda

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Stephen Miller’s latest anti-immigrant rant is drawing attention, including from a well-known Catholic Jesuit priest, who appeared to liken the White House Deputy Chief of Staff’s remarks to those made by Hitler’s notorious Reich Minister of Propaganda, Joseph Goebbels, in 1941.

Miller, one of the most powerful members of the Trump administration, is seen as the principal architect of the President’s anti-immigration and deportation policies.

“U.S. Marines on the streets of Los Angeles. Masked immigration officers at courthouses and popular restaurants. Bans on travelers from more than a dozen countries,” Reuters reported on Friday. “For senior White House aide Stephen Miller, the architect of President Donald Trump’s immigration crackdown, things were going according to plan.”

READ MORE: ‘Dumb-Dumb’: Fox News Host Declares Rising Democrat a ‘Mental Deficient’ Amid Senate Buzz

Denouncing the city government of Los Angeles as “waging a campaign of insurrection against the federal government,” Miller on Friday painted a scenario without undocumented immigrants in remarks made to Fox News.

“Let’s be very clear,” he said. “What would Los Angeles look like without illegal aliens?”

“Here’s what it would look like: You would be able to see a doctor in the emergency room right away, no wait time, no problem. Your kids would go to a public school that had more money than they know what to do with. Classrooms would be half the size. Students who had special needs would get all the attention that they needed.”

“There would be no violent transnational gangs. There would be no cartels. There would be no Mexican Mafia. There would be no Sureños. There would be no MS-13 There would be no TdA.”

“You would be living in a city that would be safe, that would be clean, there would be no fentanyl, there would be no drug dens,” he alleged. “That could be the future Los Angeles could have, but the leaders in Los Angeles have formed an alliance with the cartels and their criminal aliens.”

READ MORE: Record Majority of Americans Support Immigration in Massive Blow to Trump Agenda

Some of Miller’s claims are incorrect. For example, public schools often receive state funding in part based on the number of students and their attendance rate. Fewer students in classrooms means fewer dollars. And federal funding is tied to the number of low-income students and students with disabilities.

Miller’s claims about fentanyl and “drug dens” also don’t hold up. Most fentanyl comes into the U.S. via U.S. citizens, according to the Cato Institute.

Father James Martin, editor-at-large for America Magazine, which is published by the Jesuits, responded to Miller’s remarks by posting a quote from Goebbels:

“The enemy is in our midst. What makes more sense than to at least make this plainly visible to our citizens?”

It’s not the first time Father Martin has responded to Miller’s anti-immigrant rants with a quote.

In April, he quoted the Bible:

“‘I was a stranger and you did not welcome me’ (Matthew 25).”

See Martin’s post and video of Miller’s remarks below or at this link.

READ MORE: ‘Racial Profiling’: Border Czar Blasted for Claim ICE Can Detain for ‘Personal Appearance’

 

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Record Majority of Americans Support Immigration in Massive Blow to Trump Agenda

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A record-high majority—nearly eight in ten Americans—now view immigration positively, with similarly strong support for a path to citizenship for undocumented immigrants—particularly those brought to the U.S. as children. The Gallup poll also found that most Americans favor maintaining or increasing current immigration levels.

Meanwhile, large segments of the public oppose expanding the number of immigration enforcement agents—a cornerstone of President Donald Trump’s immigration agenda. Overall, just 35% of Americans approve of Trump’s immigration policies, while 65% disapprove.

Gallup’s report deals a major blow to the very core of President Donald Trump’s agenda, and his “One Big, Beautiful Bill” that dramatically increases spending on immigration enforcement, including detention camps, deportations, and removal, even to third-party countries.

RELATED: ‘Racial Profiling’: Border Czar Blasted for Claim ICE Can Detain for ‘Personal Appearance’

“Americans have grown markedly more positive toward immigration over the past year, with the share wanting immigration reduced dropping from 55% in 2024 to 30% today,” Gallup reported on Friday. “At the same time, a record-high 79% of U.S. adults say immigration is a good thing for the country.”

“These shifts reverse a four-year trend of rising concern about immigration that began in 2021 and reflect changes among all major party groups,” the top-rated pollster also reported.

Now, just 38% of Americans support deporting all undocumented immigrants, in vast contrast to the stated Trump agenda. That’s down from 47% last year.

In what could be seen as a warning to the GOP, Gallup notes that “the desire for less immigration has fallen among all party groups, but it is most pronounced among Republicans, down 40 percentage points over the past year to 48%.”

Just this week, several top Trump administration officials have continued to promote his anti-immigrant policies.

READ MORE: ‘Dumb-Dumb’: Fox News Host Declares Rising Democrat a ‘Mental Deficient’ Amid Senate Buzz

U.S. Secretary of Agriculture Brooke Rollins this week told reporters there will be “no amnesty” for undocumented farm workers while insisting adults on Medicaid could replace them.

“There will be no amnesty, the mass deportations continue, but in a strategic way, and we move the workforce towards automation and 100% American participation,” Secretary Rollins said.

Republican Senators have been promoting the Trump anti-immigrant agenda as well. On Thursday, U.S. Senator Ashley Moody (R-FL) called Democrats who oppose the often warrantless raids and tactics used by the DHS’s frequently masked ICE agents, “ignorant pawns of a subversive anarchist agenda.”

President Donald Trump’s and the Republican Party’s budget, which Trump signed into law last weekend, is tremendously unpopular, including his exponential expansion of immigration enforcement budgets, as well as aspects that gut vital social safety net programs like Medicaid and Medicare.

Critics praised Gallup’s findings.

“Nativism had its 6 months and now it’s clear that it’s not the answer,” wrote Cato Institute Director of Immigration Studies David J. Bier.

NBC News senior national political reporter Sahil Kapur, pointing to the Gallup statistics, called it “backlash politics.”

“Turns out, mass kidnappings and deportations are deeply unpopular when put into practice,” observed New York State Democratic Assemblywoman Emily Gallagher.

See the social media post above or at this link.

READ MORE: Luxury Air Force One, Rose Garden Reno? ‘Priorities’ Says Trump Budget Chief

 

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‘Racial Profiling’: Border Czar Blasted for Claim ICE Can Detain for ‘Personal Appearance’

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President Donald Trump’s hand-picked border czar, Tom Homan, is facing backlash from legal and political experts after asserting that Immigration and Customs Enforcement agents do not need “probable cause” to detain individuals—and can do so based on factors like “personal appearance.”

“Look, people need to understand,” Homan told Fox News on Friday. ICE officers “don’t need probable cause to walk up to somebody, briefly detain and question them.”

“They just need to tally the circumstances, right?” he claimed. “They just go through their observation, you know, get out typical facts based on the location, the occupation, their physical appearance, their actions.”

“A uniformed border police officer walks up to them, for instance, at a Home Depot. And they got all these … facts, plus the person walks away or runs away,” Homan said, offering one scenario. “Agents are trained. What they need to detain somebody temporarily and question them.”

READ MORE: ‘Dumb-Dumb’: Fox News Host Declares Rising Democrat a ‘Mental Deficient’ Amid Senate Buzz

“It’s not probable cause,” he insisted. “It’s reasonable suspicion.”

“We’re trained on that. Every agent, every six months, gets Fourth Amendment training over and over again,” Homan said.

Legal experts blasted Homan’s remarks.

Professor of Law, former U.S. Attorney and MSNBC/NBC News legal analyst Joyce Vance summed up Homan’s remarks: “Racial profiling.”

“This is patently false,” declared U.S. Rep. Daniel Goldman (D-NY), also an attorney, “DHS has authority to question and search people coming into the country at points of entry. But ICE may not detain and question anyone without reasonable suspicion — and certainly not based on their physical appearance alone. This lawlessness must stop.”

Attorney and California Democratic state Senator Scott Wiener charged, “This is literally the definition of a white nationalist police state.”

U.S. Rep. Yvette Clark (D-NY) warned, “Trump’s thugs will racially profile you, then go on national television to brag about getting away with it.”

READ MORE: Luxury Air Force One, Rose Garden Reno? ‘Priorities’ Says Trump Budget Chief

Attorney and CNN legal analyst Jeffrey Evan Gold explained, “Walking up to people (without threatening) is legal. But ‘detaining’ people without ‘reasonable suspicion’ of criminal or quasi-criminal activity is illegal. Racial profiling is not cause for the required reasonable suspicion. ‘Let me see your papers’ is un-American.”

U.S. Senator Alex Padilla (D-CA), who, in a highly-publicized incident was forcibly removed and handcuffed by federal agents at a DHS press conference, wrote: “And there you have it. Under the Trump Administration, ICE and Border Patrol are being empowered to stop and question you based solely on how you look. No probable cause. No real reason. Just your ‘physical appearance.’ That’s not justice—it’s profiling.”

“They’re saying the quiet part out loud now,” wrote New York Democratic State Senator Gustavo Rivera. “Don’t get it twisted: if we let them keep doing this, they’ll find a reason to come for ANY ONE OF US soon enough.”

“THEY ARE ADMITTING IT,” wrote David J. Bier, Cato Institute Director of Immigration Studies and an expert on legal immigration, border security, and interior enforcement. “Homan is admitting to participating in a criminal conspiracy against the Constitution of the United States,” he alleged.

Max Flugrath, communications director for Fair Fight Action, wrote: “Trump’s Border Czar and Project 2025 contributor says ICE can detain anyone based on ‘suspicion’ and physical ‘appearance.’ That’s not immigration policy, it’s fascism.”

Watch the video below or at this link:

READ MORE: Trump Dodges, Denies and Deflects Questions as Ukraine Weapons Scandal Grows

Image via Reuters

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