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Democrat Judge **JUST** Shut Down DOGE & Trump Layoffs [Restraining Order!]

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FULL TRANSCRIPT

0:00

Donald Trump and Doge's massive

0:02

government layoffs were just put on a

0:05

14-day pause by this following Bill

0:09

Clinton appointed judge Susan Ilson who

0:13

was appointed by Bill Clinton in 1995

0:16

based out of San Francisco, California

0:19

who initially had a career focusing on

0:22

intellectual property matters and a lot

0:24

of commercial litigation has just shut

0:27

down Donald Trump suggesting that Donald

0:29

Trump, the Office of Personnel

0:31

Management, and Doge have all exceeded

0:34

their constitutional authority. Now, all

0:38

of this has to do with the following

0:40

executive order

0:42

14210. This is Donald Trump's Department

0:45

of Governmental Efficiency Workforce

0:48

Optimization Initiative, and it's

0:50

basically designed to fire a bunch of

0:53

people in the government. That's just

0:55

the simplest way to put this. If you

0:57

scroll down a little bit, you can get

0:59

some more details of the actual

1:01

executive order. In section three, it

1:04

requires various different agencies to

1:06

submit plans to reduce size of the

1:09

federal government workforce. By the

1:11

way, these would be plans drafted up by

1:13

the Office of Personnel Management and

1:15

Budget. This actually ends up being an

1:17

important part of the case, so keep this

1:20

in the back of your mind. And the plan

1:22

requires that each agency hire no more

1:25

than one employee for every four that

1:27

leave. And there's a federal hiring

1:30

freeze. So in other words, you can't

1:32

expand. And if you fire four people,

1:35

maybe we'll let you hire one to replace

1:37

the four you fired. Each agency head

1:40

shall also develop a plan that is a

1:42

data-driven plan in consultation with

1:46

their Doge team lead. and they should

1:48

focus hiring only on areas that are

1:52

missionritical, basically essential

1:54

government services. So this executive

1:57

order is the crux of what's being frozen

2:01

and ordered in a 42-ish page briefing

2:05

from the judge or order from the

2:06

briefing demanding a 14day injunction

2:11

that no plans for firings or agency

2:14

layoffs should be conducted. that there

2:17

is essentially going to be a temporary

2:19

restraining order eliminating the

2:21

opportunity for this to continue. Now,

2:23

what I want to do is go through some of

2:25

the juice in the actual order. And I'll

2:28

tell you, there's a lot of it. It's

2:29

going to give you a lot of perspective

2:31

into what's going on. Now, keep in mind,

2:34

I don't really have a horse at all in

2:36

this race. I think the government

2:38

definitely has some efficiency driving

2:41

it needs to do, but it is interesting

2:43

nonetheless to see the president push

2:46

the limits of what a president can do

2:49

and the judicial system try at least to

2:52

reign him in. I expect tomorrow we'll

2:54

get a lot of truth social posts about

2:57

how judges and activist judges are

2:59

trying to limit the govern, you know,

3:01

the president's ability to do what he

3:03

wants to do and do what he was, you

3:04

know, essentially voted into power to

3:08

do. At least that's what the uh

3:10

president's team argues. And so we'll

3:12

see how it evolves. Maybe it'll end up

3:14

at the Supreme Court. But for now, here

3:17

are some of the things that we'll find.

3:18

any president must enlist the help of

3:21

their co-equal branch and partner, the

3:24

Congress. I find this is actually an

3:26

interesting phrase. The judge is

3:28

basically saying Congress is your equal

3:30

and you need to use them and it is not

3:32

the responsibility of courts to

3:33

micromanage the federal workforce. But

3:36

sometimes courts need to act to preserve

3:39

the proper checks and balances between

3:41

the three branches of government. And

3:43

that unchecked presidential power is not

3:45

what the framers had in mind. the

3:47

framers of the constitution. And so

3:49

there is a twoe pause being started now

3:51

unless of course they can get the

3:53

legislative branch involved. And that's

3:56

what the judge is trying to do, protect

3:57

the power of the legislative branch.

4:00

They give some examples of problems

4:01

here. They say that uh agencies like

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OSHA wanted to fire 221 mine safety

4:08

workers. So basically people who verify

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that mines in America are safe. And

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there are only 222 workers in total. So

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we would basically fire all of them

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except one. They give other examples uh

4:21

over social security uh or housing and

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urban development or child care staffing

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offices that have essentially been

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shuttered because of a lack of federal

4:32

funds available to keep operating

4:35

leading to uh potentially farmers

4:37

missing their planting windows for

4:40

emergency relief claims or the Social

4:43

Security Administration having reduced

4:45

its workforce or trying to reduce its

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workforce by 7,000 people leading to

4:50

long waits and people very frustrated or

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unable to make appointments with social

4:55

security. Those are just some of the

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examples that they give in terms of why

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they think a temporary restraining order

5:02

would be necessary to preserve the

5:04

function of government. Of course, there

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are many other I mean they mention at

5:08

least that the court received over a

5:10

thousand different submissions of

5:12

complaints about how the government

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basically wasn't able to function

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anymore because of the lack of staffing.

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Now, the judge outlines that the

5:23

executive order from the president

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commences a critical transformation of

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the federal bureaucracy uh and quotes

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the president in saying that tax dollars

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are being siphoned off to fund

5:33

unproductive, unnecessary programs that

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benefit radical interest groups while

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hurting hardworking Americans. And

5:40

that's why these layoffs need to happen.

5:43

But the judge finds that Doge, known uh

5:46

as the Department of Governmental

5:48

Efficiency, derives no authority from

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law at all. So this is actually a really

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big dig at Doge from a judge here

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saying, "You have no legal authority to

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do anything." Now, what's also

6:00

interesting is the judge references how

6:03

many workers are supposed to be fired

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from some various different departments

6:07

and gives some examples. The Department

6:09

of Health and Human Services uh issu is

6:12

issuing reduction in force notices of 8

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to 10,000 employees. 8,500 positions

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might be cut from the Department of

6:21

Energy, which is nearly half of the

6:23

workforce. Noah, the no National Oceanic

6:26

and Atmospheric Administration, which

6:27

deals obviously with weather, hurricane

6:29

forecasting, and otherwise, is

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reportedly preparing a reduction in work

6:32

to reduce its workforce by more than

6:34

half. Reports also suggest that Housing

6:37

and Urban Development is prepared to cut

6:39

half of its staff and close many field

6:41

offices. The Department of Labor

6:43

Management said internally that they

6:44

have intended to cut the AY's

6:46

headquarter staff by 70% and the IRS

6:49

plans to cut 40% keeping in mind that

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about 31% of auditors have already been

6:54

cut for tax auditing purposes and the VA

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is planning to cut

6:59

83,000 positions. All of these just

7:03

being referenced here by the judge. And

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when we get into sort of this history of

7:07

precedent, the judge says that what

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Donald Trump's executive order 14210 is

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doing is usurping the power of

7:15

congressional authority in violation of

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the constitution separation of powers

7:20

clause and that the office of personnel

7:23

management, doge and other agencies are

7:26

operating beyond their

7:29

authority and are violating

7:32

administrative procedure procedures acts

7:35

in the process of doing what they're

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doing. In other words, they're violating

7:38

the law and they don't have any leg to

7:40

stand on anyway. And that those are some

7:42

of the reasons why at least the judge is

7:44

providing this temporary restraining

7:46

order. We then get into standing, but we

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also get into some historical precedent

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where we actually find not only that the

7:53

judge suggests the court finds that at

7:55

least some of the plaintiff's arguments

7:58

will be substantial enough to

8:00

potentially succeed and therefore

8:01

they're providing this preliminary

8:03

injunction. But it's also worth noting

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that the judge looks at history and

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says, "Hey, in the past, other

8:10

presidents, Herbert Hoover or other

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presidents have asked Congress for the

8:15

right to go back and reduce the expanded

8:20

administrative state. So basically, you

8:23

ask Congress for permission and you

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explicitly get permission to broadly

8:29

restructure federal agencies." And this

8:32

was done by Herbert Hoover who first

8:34

requested and received such authority.

8:36

Congress granted his authority 16 times

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under both Republican and Democratic

8:41

administrations or granted this

8:43

authority not just to Herbert Hoover but

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to others uh to include nine different

8:48

presidents. So in other words, nine

8:51

different presidents have had the right

8:53

by Congress to provide for an ex, you

8:56

know, some form of administrative

8:58

reorganization.

8:59

However, George Bush and Obama, I

9:02

believe it was off the top of my head,

9:04

asked and were denied of their

9:07

opportunity. Yeah. Here, Presidents

9:08

George W. Bush and Barack Obama and

9:10

Donald Trump in his first term all

9:13

sought but did not end up getting

9:15

congressional approval to reorganize the

9:18

executive branch and those

9:19

administrative uh facilities. And so,

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the judge is essentially saying, "Hey,

9:24

like you guys tried and failed. It used

9:27

to work in the past, but now you're all

9:29

failing and your legislation to try to

9:32

get Congress to help you failed. And so

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this is very simple. You can't do this

9:38

alone. In fact, they say the following.

9:41

The simple proposition that the

9:43

president may not without Congress

9:44

fundamentally reorganize federal

9:46

agencies is not controversial.

9:49

constitutional commenters and

9:51

politicians across party lines agree

9:53

that sweeping reorganization of the

9:55

federal bureaucracy requires the active

9:57

participation of Congress. So the judge

10:00

here is not mincing words. This is

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actually a pretty scathing report and or

10:05

order rather and it it goes all the way

10:08

back to when Bill Clinton lost his line

10:11

item veto powers which basically say hey

10:15

Congress has the power to spend and the

10:17

president does not without the power of

10:20

Congress and so if you want to

10:22

reorganize the federal government that's

10:24

fine but you need to do it with the work

10:26

of Congress. This is obviously going to

10:29

be very difficult for Donald Trump given

10:31

that they have just enough of a majority

10:33

to via budget reconciliation squeeze a

10:36

tax bill through Congress, which they

10:39

likely will do this year. But that'll be

10:41

done along party lines. It'll have a lot

10:44

of negotiating components to it. But

10:47

something like this or really any kind

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of other legislation that would require

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a normal 60 votes to get through his

10:54

filibuster probably not going to happen

10:57

without significant Democratic support.

11:00

In other words, some form of

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bipartisanship. And I think that's why

11:04

Donald Trump, since he failed in term

11:05

one, is trying in term two to just do it

11:08

via Doge and executive order. But this

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judge is shutting down some of these

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layoffs, at least temporarily. Now, in

11:16

the near term, this is probably not

11:18

going to help much with reducing

11:20

uncertainty, but what you actually might

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get is fewer government layoffs, which

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would lead to fewer potential

11:28

unemployment concerns uh for the broader

11:30

economy, which I think is actually

11:32

important for a soft landing to make

11:34

sure we don't go into some kind of hard

11:36

landing, you know, uh layoff induced

11:38

recession. Not saying we don't want

11:40

governmental efficiency, but I am simply

11:43

arguing that there could actually be an

11:44

upside to this from an economic point of

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view. Obviously, the downside would be

11:49

fiscal. Right now, we're spending more

11:51

money and not necessarily getting as

11:53

much efficiency as we were hoping. Doge

11:56

therefore could not have been acting

11:57

pursuant to statutory authority in

11:59

ordering large-scale workforce

12:02

reductions. Why? Because they have no

12:05

legal authority at all. This is pretty

12:08

scathing. I mean this this San Francisco

12:10

Jud judge is tearing apart Donald

12:14

Trump's executive order and Doge. So

12:18

this is borderline destruction by this

12:21

judge for the initiatives that Donald

12:24

Trump is trying to pull in terms of

12:25

reorganizing these agencies and firing

12:28

people. Now the judge also separates

12:31

what the power of Congress is and what

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the power of the executive is. The judge

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goes on to say that these individuals

12:39

are likely to succeed on their claims,

12:41

the claiming parties, the nonprofits,

12:44

the uh you know, state agencies and

12:46

other agencies and unions that are suing

12:49

uh on the behalf of these workers.

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Additionally, the judge writes, "Holding

12:53

that the president doge, the office of

12:56

personal management and budget have

12:58

exceeded their authority naturally

13:00

raises the question of precisely where

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the line should be drawn between

13:03

executive and legislative authority."

13:05

Okay, so basically where's the line? And

13:08

the interesting response is we don't

13:10

even need to tell you where the line is.

13:12

It is enough today to say that this

13:15

action is surely beyond the line. And

13:18

she basically invokes Chief Justice John

13:22

Roberts in her order to say, hey, the

13:25

tr, you know, Trump and Doge are going

13:27

way too far. We're shutting this down.

13:30

Therefore, it is hereby ordered

13:32

temporary injunction. Now obviously the

13:35

Supreme Court might eventually end up

13:37

getting uh looped into this and we might

13:39

end up finding changes to these sort of

13:42

orders. Again, this is just a temporary

13:44

injunction at the moment here. But at

13:46

least in this particular court, this and

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this is a US district judge. This judge

13:52

is mincing absolutely zero words in this

13:55

northern district of California. This is

13:57

a federal court. uh and at least until

14:00

there is another court that steps in on

14:03

this. This is going to be the rule for

14:05

the next two weeks. Those layoffs are on

14:09

hold. It's going to be really

14:11

interesting to see how this plays out.

14:12

If you want to learn more, make sure to

14:14

subscribe to the channel. If you want to

14:15

make sure you don't miss a notification,

14:17

download the Meet Kevin app in the App

14:19

Store on Android and Apple. Thank you so

14:23

much for watching and we'll see you in

14:23

the next one. Goodbye and good luck. Why

14:25

not advertise these things that you told

14:27

us here? I feel like nobody else knows

14:28

about this. We'll we'll try a little

14:30

advertising and see how it goes.

14:31

Congratulations, man. You have done so

14:33

much. People love you. People look up to

14:34

you. Kevin Praath there, financial

14:36

analyst and YouTuber. Meet Kevin. Always

14:38

great to get your take.

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