Opening Arguments BREAKING: Federal Courts Correctly Notice Color of Sky, Pope’s Religious Affiliation
10 snips
Sep 5, 2025 The discussion centers on recent federal court rulings pushing back against executive overreach. Insights into the legal implications of the Alien Enemies Act and the National Guard's role in domestic law enforcement provide a thought-provoking backdrop. Humorous takes on legal absurdities, like the famous sandwich incident, highlight serious concerns about justice. The contrasting approaches to prosecuting insurrectionists in Brazil versus the U.S. prompt chilling reflections on accountability and governance.
AI Snips
Chapters
Transcript
Episode notes
Grand Juries Reject Overbroad Protest Cases
- D.C. grand juries declined to indict several protest-related DOJ referrals, including a man who threw a sandwich at ICE.
- Grand juries are unusually rejecting DOJ felony referrals, showing local juror pushback on overbroad protest prosecutions.
AEA Not A Gang-Removal Tool
- The Alien Enemies Act was written for wartime invasions by foreign militaries, not for policing alleged gang members.
- The Fifth Circuit found no invasion or predatory incursion and required meaningful notice and habeas rights before removals.
IEEPA Doesn’t Authorize Tariff Power
- The Federal Circuit found the International Emergency Economic Powers Act doesn't authorize unilateral presidential tariffs.
- The court limited emergency powers by saying tariffs are a congressional domain, not an automatic executive tool.