The 9th Circuit Court of Appeals has cleared the way for the Trump administration to send National Guard troops to Portland, Oregon. The 9th CCA lifted a lower court’s temporary restraining order that previously blocked the deployment. [Ruling Here]

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A three-judge panel for the 9th U.S. Circuit Court of Appeals voted 2-1 to stay a district court order that had prevented the deployment of National Guard troops to the city. The majority opinion found it was likely that the president had lawfully exercised his statutory authority.

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There are trillions at stake. The current 7-4 decision from the U.S. Court of Appeals for the Federal Circuit surrounds a May decision by the U.S. Court of International Trade. The original case concluded that President Trump exceeded his authority under the 1977 law he invoked to impose both the fentanyl trafficking tariffs and his worldwide tariffs, the International Emergency Economic Powers Act (IEEPA). [SEE RULING HERE]

“We are not addressing whether the President’s actions should have been taken as a matter of policy. Nor are we deciding whether IEEPA authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the Trafficking Tariffs and Reciprocal Tariffs imposed by the Challenged Executive Orders are authorized by IEEPA. We conclude they are not.”

It is obvious the Democrat appointed majority are tenuous in their position.  No one doubts the presidential power to declare a national emergency.  To wit, the ruling highlights a very nervous court with much of the language straddling the fence trying not give the impression they are interfering in Article II presidential powers to make foreign policy decisions.

Unelected judges restricting the power of the Executive Branch, and by extension restricting a President elected by the majority of the nations’ citizens to address a national emergency, is not a construct supported by the Supreme Court.  The six activist judges on the federal appeals court panel seemingly know this; however, the power of the political -and I would guess financial- pressure compels them.

The court deferred their ruling which will not take effect until Oct. 14, giving the Trump administration time to appeal the decision to the Supreme Court.  President Trump responded via Truth Social.

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President Trump Via Truth Social – “TOTAL VICTORY in the FAKE New York State Attorney General Letitia James Case! I greatly respect the fact that the Court had the Courage to throw out this unlawful and disgraceful Decision that was hurting Business all throughout New York State.

Others were afraid to do business there. The amount, including Interest and Penalties, was over $550 Million Dollars. It was a Political Witch Hunt, in a business sense, the likes of which no one has ever seen before. This was a Case of Election Interference by the City and State trying to show, illegally, that I did things that were wrong when, in fact, everything I did was absolutely CORRECT and, even, PERFECT. Every single Dollar was thrown out, even the penalties imposed on us by the Corrupt Judge, one of the most overturned in History, Arthur Engoron.

I wasn’t given a Jury and, during the course of the Trial, which lasted a long time, was not given one Ruling in my favor by this Political Hack, but worse than him, if that’s possible, was Letitia James, a Corrupt and Incompetent Attorney General who only brought this Case in order to hurt me politically. She is a Trump Deranged Lunatic! They made me bond the outrageous sum, which never happened before, and which cost me Millions of Dollars a month.

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The New York Appellate Division in Manhattan had previously been skeptical of the case brought by New York AG Letitia James and the ruling by Manhattan Supreme Court Justice Arthur Engoron.  There were no victims in the case.

Engoron levied a $464 million judgment against President Trump and his companies.  With interest accruing, the end result was a ridiculous fine in excess of $500 million and the removal of Eric Trump and Donald Trump Jr from the company.

The appeals court in Manhattan has thrown out the $500 million punitive award, and suspended Engoron’s ruling that blocked Eric and Don Jr from the company.

NEW YORK (Reuters) – A New York state appeals court threw out on Thursday an approximately half-billion dollar penalty that Donald Trump had been ordered to pay after a judge found that the U.S. president fraudulently overstated the value of his properties and other assets to bolster his family business.

The decision by a five-judge panel of the Appellate Division in Manhattan represented a defeat for New York Attorney General Letitia James, whose office brought the civil fraud lawsuit against Trump in 2022.

Judges on the appellate court had signaled skepticism toward the case during oral arguments last September. (more)

As we noted in October of 2023. There are no elements to this farce of a judicial proceeding which will survive appellate court review.  The entire motive and process is easily identified by any intellectually honest person as a complete sham and legal clown show, intended to advance extreme ideological Lawfare.

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Judge James Boasberg has been knocked down twice today. [RULING HERE]

(VIA CNN) – A divided federal appeals court ruled on Friday that US District Court Judge James Boasberg cannot move ahead with criminal contempt proceedings against Trump administration officials involved in a high-stakes immigration case.

The 2-1 ruling from the US DC Circuit Court of Appeals wipes away a ruling from Boasberg, an appointee of former President Barack Obama issued in April that said “probable cause exists” to hold administration officials in criminal contempt for violating his orders in mid-March halting the use of the Alien Enemies Act to deport alleged Venezuelan gang members.

The appeals court had temporarily put Boasberg’s plans on ice while it weighed the government’s appeal of the ruling, and Friday’s ruling represents a significant setback for the judge, who had vowed to hold officials involved in the matter accountable.

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Boy howdy, this judicial activism is reaching new heights. Federal judges in New Jersey invoked a rarely used judiciary power to remove interim U.S. Attorney Alina Habba, installing her top assistant as the state’s top prosecutor. However, hours later the Trump administration responded by removing Habba’s deputy.

[SOURCE]

This is where Majority Leader John Thune can come into play and push for a faster track confirmation of Habba through the senate.

POLITICO – Federal judges declined to keep President Donald Trump’s former personal attorney as New Jersey’s top federal prosecutor, exercising an arcane statute to rebuff the Trump administration’s wishes.

New Jersey district court judges voted to not let interim U.S. Attorney Alina Habba stay on the job after her 120-day interim term expires, instead picking prosecutor Desiree Leigh Grace, according to a court order posted to the judiciary’s website.

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Activist U.S. District Judge Brian Murphy previously blocked President Trump from deporting criminal illegal aliens to non-originating countries, as many countries refused to take back their criminal aliens.  The administration appealed the injunction to the Supreme Court and the high court ruled in favor of the Trump administration and DHS [SCOTUS RULING HERE]

However, after the high court lifted the block, Judge Murphy doubled down on his injunction, saying the Supreme Court decision does not pertain to his order.

WASHINGTON DC – The Supreme Court on Monday cleared the way for the Trump administration to swiftly deport foreigners to countries where they have no previous ties.

The justices lifted an order from a federal judge in Boston who had placed restrictions on the deportations to those countries. U.S. District Judge Brian Murphy had issued a nationwide injunction that required the administration to give immigrants “meaningful” advance notice and a chance to raise objections before they are sent to so-called third countries — nations not specified in their original deportation orders. But the Supreme Court granted the Trump administration’s emergency request to put Murphy’s injunction on hold.(more)

In response to the Supreme Court overruling his decision, U.S. District Judge Brian Murphy said late Monday that his injunction blocking the deportation of certain non-citizens to South Sudan and other third-party countries “remains in full force and effect.”

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Last night U.S. District Judge Charles Breyer issued a ridiculous temporary restraining order (TRO) removing President Trump’s control of the California National Guard [SEE RULING HERE]. Charles Breyer is the 83-year-old younger brother of former Supreme Court Justice Stephen Breyer.

What made the TRO ruling transparently ridiculous was: (A) the state of California never requested a TRO; and (B) the citations Breyer used to underpin his decision were all left-wing media reports about the events.  The facts, his facts, underpinning his judicial opinion, were wrong.

Those who follow judicial writing will note that using media reports as citations inside judicial decisions is a common attribute of Lawfare operations. Factually, it seemed unlikely District Judge Breyer even wrote his own ruling; it reads like something from Norm Eisen or Mary McCord.

This morning, a three-judge panel of the 9th Circuit Court of Appeals blocked Breyer’s order just hours after he issued it [SEE RULING HERE].

The appellate intervention retains the power of President Trump as commander in chief over the California national guard. The appeals court set a Tuesday hearing on the full context of the matter, thereby ensuring Trump’s deployment will remain in place at least into next week.

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U.S. District Judge Charles Breyer rejected California Governor Gavin Newsom’s emergency ruling request for a temporary restraining order to stop the Trump administration from deploying military personnel to support the enforcement of immigration law in California.

Judge Charles Breyer granted the Trump administration’s request for more time to respond to the governor’s filing. The federal government has until 2 p.m. ET Wednesday to file its response. Breyer noted the state will have an opportunity to file its opposition ahead of a scheduled Thursday hearing.

While the initial ruling was against the political interests of Governor Newsom, do not look for this ruling to predict further action by the judge. District Judge Charles Breyer is former Supreme Court Justice Stephen Breyer’s brother.

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Pushed far enough, decisions are reached.

[VIA TRUTH SOCIAL] “The U.S. Court of International Trade incredibly ruled against the United States of America on desperately needed Tariffs but, fortunately, the full 11 Judge Panel on the U.S. Court of Appeals for the Federal Circuit Court has just stayed the order by the Manhattan-based Court of International Trade. Where do these initial three Judges come from? How is it possible for them to have potentially done such damage to the United States of America? Is it purely a hatred of “TRUMP?” What other reason could it be?

I was new to Washington, and it was suggested that I use The Federalist Society as a recommending source on Judges. I did so, openly and freely, but then realized that they were under the thumb of a real “sleazebag” named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions. He openly brags how he controls Judges, and even Justices of the United States Supreme Court — I hope that is not so, and don’t believe it is! In any event, Leo left The Federalist Society to do his own “thing.” I am so disappointed in The Federalist Society because of the bad advice they gave me on numerous Judicial Nominations. This is something that cannot be forgotten!

With all of that being said, I am very proud of many of our picks, but very disappointed in others. They always must do what’s right for the Country! In this case, it is only because of my successful use of Tariffs that many Trillions of Dollars have already begun pouring into the U.S.A. from other Countries, money that, without these Tariffs, we would not be able to get. It is the difference between having a rich, prosperous, and successful United States of America, and quite the opposite.

The ruling by the U.S. Court of International Trade is so wrong, and so political! Hopefully, the Supreme Court will reverse this horrible, Country threatening decision, QUICKLY and DECISIVELY. Backroom “hustlers” must not be allowed to destroy our Nation!

The horrific decision stated that I would have to get the approval of Congress for these Tariffs. In other words, hundreds of politicians would sit around D.C. for weeks, and even months, trying to come to a conclusion as to what to charge other Countries that are treating us unfairly. If allowed to stand, this would completely destroy Presidential Power — The Presidency would never be the same!

This decision is being hailed all over the World by every Country, other than the United States of America. Radical Left Judges, together with some very bad people, are destroying America. Under this decision, Trillions of Dollars would be lost by our Country, money that will, MAKE AMERICA GREAT AGAIN. It would be the harshest financial ruling ever leveled on us as a Sovereign Nation. The President of the United States must be allowed to protect America against those that are doing it Economic and Financial harm.

Thank you for your attention to this matter!” (source)

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