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U.S. Court of Appeals for the Federal Circuit Grants Pause Over Trade Court Ruling – Tariffs Remain in Force

Like I said last night, the Trump team followed their legal due diligence in several aspects of the tariff/trade deficit reset strategy, and it did not appear the New York trade court looked at any of the supportive material from the USTR and the Dept of Commerce.

Today, a full panel of U.S. Court of Appeals for the Federal Circuit granted a “stay” and paused the lower court ruling pending full appeal outcome and possible Supreme Court intervention.  [Ruling pdf Here]  The President Trump trade tariffs remain in place, and the ridiculous court-ordered refunding of previously collected tariffs is set aside.

[Source pdf]

The court is suspending the lower court decision until the appeals motions are filed and reviewed.  The multinational corporations have until June 5th to file their responses to the appeal, and the Trump administration has until June 9th to file their full appeal brief.

VIA CNBC – A federal appeals court on Thursday granted the Trump administration’s request to temporarily pause a lower court ruling that struck down most of President Donald Trump’s tariffs.

The Trump administration had earlier told the U.S. Court of Appeals for the Federal Circuit that it would seek “emergency relief” from the Supreme Court as soon as Friday if the tariff ruling was not quickly put on pause.

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Released Video Shows Milwaukee Judge Hannah Dugan Helping Criminal Alien Evade Arrest

New CCTV video released by Wisconsin media shows Milwaukee County Judge Hannah Dugan outside her courtroom speaking with federal ICE agents who were there to arrest a criminal illegal alien appearing in Judge Dugan’s courtroom.

Milwaukee County Circuit Judge Hannah Dugan was previously indicted by a grand jury on charges of obstruction and concealing an individual from arrest.  The charges outlined in the criminal complaint. (1) obstructing a criminal illegal alien capture; and (2) concealing the illegal alien to avoid apprehension and arrest.  WATCH:

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Supreme Court Rules Allowing Executive Branch to Fire Executive Appointees (NLRB and MSPB)

At issue was President Trump’s plenary authority to remove Gwynne Wilcox, a former member of the National Labor Relations Board (NLRB), and Cathy A. Harris, the removed chair of the federal Merit Systems Protection Board (MSPB). The NLRB oversees laws protecting workers’ rights and union elections nationwide, while the MSPB defends federal government workers against political discrimination.

The court’s order [READ ORDER HERE] is unsigned; however, it provides dissent from the three DEI appointed justices (lesbian, latina, black), and did not decide the underlying merits of the case, which will continue to play out in the lower courts. Presumably the court alignment was 6-3.

The overall decision is an endorsement of presidential authority to appoint leadership within the executive branch without review. The power of the president is plenary to the Executive Branch. As noted in the opinion, “Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents.”

(VIA ABC) – The Supreme Court’s conservative majority on Thursday bolstered President Donald Trump’s bid to assume full control of executive branch agencies, giving a green light — for now — to his removal of the heads of the National Labor Relations Board and Merit Systems Protection Board, whom he fired without cause.

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Supreme Court Keeps, Mostly Punts, Temporary Block on Deportation of Terrorist Aliens Using ‘Alien Enemies Act’

The Supreme Court attempted to split the baby between executive “national security” power and the dynamic use of the “Alien Enemies Act” today with a ruling that temporarily blocks the Trump administration from deporting criminal alien gang members under the UEA until the criminals are afforded some undefined amount of time to appeal their repatriation status.  Essentially, this is a stall and punt routine. [READ RULING HERE]

From the Ruling, “To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18, and we grant temporary injunctive relief to preserve our jurisdiction while the question of what notice is due is adjudicated. [See post, at 13 (ALITO, J., dissenting).] We did not on April 19 —and do not now— address the underlying merits of the parties’ claims regarding the legality of removals under the AEA. We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution. In light of the foregoing, lower courts should address AEA cases expeditiously.”

The 7-2 ruling was unsigned. Justices Alito and Thomas dissented. The main opinion issued by the court was labeled “per curiam” — a term meaning that it was issued by the court as a body, rather than any individual justice. However, Justice Brett Kavanaugh wrote a separate opinion concurring in the decision. But Kavanaugh wrote that he’d prefer to have the Supreme Court dig into the legality of Trump’s Alien Enemies Act invocation right away, without waiting for the issue to be hashed out by lower courts.

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Wisconsin Judge Indicted for Assisting Illegal Alien Avoid ICE Agents in Court

Milwaukee County Circuit Judge Hannah Dugan was indicted today by a grand jury on charges of obstruction and concealing an individual from arrest.

These are the same charges originally outlined in the criminal complaint. (1) obstructing a criminal illegal alien capture; and (2) concealing the illegal alien to avoid apprehension and arrest.

The criminal complaint against Judge Hannah Dugan reveals the judge purposefully demanded the ICE agents and FBI officials go to another part of the building to speak with the chief justice, while she guided the criminal illegal alien through the jury room to an outside exit facilitating his release.

VIA CNN – A Milwaukee County Circuit judge was indicted in federal court Wednesday following accusations that she helped an undocumented immigrant evade federal agents last month.

Judge Hannah Dugan was indicted on charges of obstruction and concealing an individual from arrest, the same charges she was originally arrested and charged with.  CNN has reached out to her attorney for comment.

Dugan is accused of helping a defendant in her courtroom evade immigration officials stationed to arrest him in the hallway outside. (read more) 

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Wisconsin Supreme Court Suspends Arrested Judge Who Assisted Criminal Illegal Alien

Following her arrest for assisting a criminal illegal alien attempting to avoid capture, the Wisconsin Supreme Court has suspended Judge Hannah Dugan from all judicial proceedings.

MADISON, Wis. (AP) — The Wisconsin Supreme Court suspended a judge accused of helping a man evade immigration authorities, saying Tuesday that it is in the public interest to relieve her of her duties as she faces two federal charges.

[…] In its two-page order, the state Supreme Court said it was acting on its own initiative and not responding to a request from anyone. Liberal justices control the court 4-3.

[…] She is set to appear in court for arraignment May 15.

In addition to Mastantuono, her attorneys include Paul Clement, a prominent conservative lawyer, and Steve Biskupic, a former U.S. attorney for the Eastern District of Wisconsin who was appointed by President George W. Bush. (read more)

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Read Criminal Complaint Against Judge Hannah C Dugan – Obstruction of ICE Arrest for Criminal Illegal Alien

Judge Hannah C Dugan of Milwaukee, Wisconsin was arrested earlier today for (1) obstructing a criminal illegal alien capture; and (2) concealing the illegal alien to avoid apprehension and arrest. [Criminal Complaint Here]

[SourceCriminal Complaint, 13 pages]

The criminal complaint against Judge Hannah Dugan reveals the judge purposefully demanded the ICE agents and FBI officials go to another part of the building to speak with the chief justice, while she guided the criminal illegal alien through the jury room to an outside exit facilitating his release.

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#78 – Attorney General Pam Bondi Outlines FBI Arrest of Wisconsin Judge for Interfering in Immigration Arrest

Attorney General Pam Bondi makes her 78th appearance on Fox News to outline the reasoning why Milwaukee County Circuit Court Judge Hannah Dugan was arrested by FBI agents earlier today for interfering with the arrest of a criminal illegal alien.

This is the second judge arrested for harboring and assisting a criminal illegal alien.  WATCH:

WISCONSIN (AP) – The FBI on Friday arrested a Milwaukee judge accused of helping a man evade immigration authorities, escalating a clash between the Trump administration and the judiciary over the Republican president’s sweeping immigration crackdown.

FBI Director Kash Patel announced on social media the arrest of Milwaukee County Circuit Court Judge Hannah Dugan, who he said “intentionally misdirected” federal agents away from a man they were trying to take into custody at her courthouse last week.

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Lawfare on Steroids – SCOTUS Orders Trump to Stop Deporting Illegal Alien Gang Members, Judge Alito Eviscerates High Court for Judicial Despotism

At 1:00am on Saturday, the Supreme Court of the USA issued an injunction [SEE HERE] blocking President Trump from deporting illegal aliens identified under the Alien Enemies Act.  It was/is a bizarre order considering the lower court had not even ruled on the matter; worse yet, the Supreme Court created an imaginary “class” of aliens.

Any illegal alien who happens to also be a gang member, or illegal alien who would ‘smartly’ now claim to be a gang member, is ultimately the beneficiary of a Supreme Court order blocking their removal or deportation.  That’s how judicially insane this injunction is.

As outlined in the original injunction order, Justice Alito issued a blistering dissent, calling out seven of the justices who affirmed the order. [SEE HERE]

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Judge Boasberg Threatens “Criminal Contempt” Charges Against Trump DOJ, Threatens to Appoint Independent Judicial Branch Criminal Prosecutor Against Trump Administration

It’s not the first part of the 46-page ruling [SEE HERE] by Judge James Boasberg, threatening to hold President Trump and Main Justice in criminal contempt of court, that presents the biggest problem; it’s the second part where Boasberg is threatening to appoint an independent Judicial Branch prosecutor against the DOJ and Trump that makes a constitutional crisis tilt toward a near civil war between the branches.

Outlining his determination that President Trump defied a court order, U.S. District Judge James Boasberg states, “the Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt.”

As noted by Politico, within the ruling Boasberg goes on to say:

…”if the administration doesn’t rectify the issue, the judge said he may require administration officials to testify under oath so that he can identify the specific individuals responsible for violating his order. He would then request that those individuals be prosecuted.

The judge signaled he could appoint an outside lawyer to prosecute the contempt case if the Justice Department declines to do so.” (link)

I think we all know the very select group of “beach friend” people whom Boasberg would lean toward in appointing someone to prosecute Pam Bondi and DOJ officials representing President Trump.

High on the list of possible judicial branch appointments, who would be subject to review by the authority of Boasberg himself, would be his prior friendship with a previous appointee, Mary McCord.  Or possibly Andrew Weissmann, Barry Berke, Norm Eisen, David Laufman or any other credentialed member of the Lawfare alliance.

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