Glenn Kirschner
speaker
282 appearances
2 recordings
1 series
first heard Jun 2025
last heard Sep 2025
Glenn Kirschner’s voice in public audio — every appearance, attributed to the second.
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Appearances
Glenn.
Glenn?
So first of all, what's going on is Judge Breyer, the federal judge in California who presided over this case and yesterday's court hearing, found that the Trump administration's actions, specifically Donald Trump's actions, were both
lawless in violation of a federal statute and unconstitutional in violation of the 10th Amendment.
And just indulge me reading two sentences, Don, because he frames it beautifully at the beginning of his order.
He says, at this early stage of the proceedings, the court must determine whether the president followed the congressionally mandated procedure for his actions.
He did not.
His actions were illegal, both exceeding the scope of his statutory authority, that would be the lawless part, and violating the 10th Amendment to the United States Constitution, that would be the unconstitutional part.
He must therefore return control of the California National Guard to the governor of the state of California, forthwith, if I can translate that last word from legalese to English,
it means write the F now.
Now, as you just noted, Don, there has been a stay put in place by the Court of Appeals to no one's surprise, given the sort of consequential legal opinion that was just handed down by Judge Breyer.
But the hearing is going to be on Tuesday, or maybe the filing deadline is on Tuesday.
So I have a feeling we're going to get resolution at least from the Court of Appeals
Pretty quickly.
And Don, I urge everybody to read this 36 page ruling by Judge Breyer because it is bulletproof.
As I've said in recent days, there are four things under the law that Donald Trump tried to use to seize control of the California National Guard.
He violated all four things.
This is a lay down winner for any judge or justice who is an honest broker of the law, the facts and the Constitution.
Yeah, it's such a great point because I feel like I've been right on paper ever since I retired from the Department of Justice in 2018.
And yet look at how many times I've been wrong because the Supreme Court departs from the plain text of the Constitution, like in the presidential immunity case.
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