The Communists Democrats attempted another coup this past Friday. 17 Democratic Attorneys General went to New York to get a judge to freeze Trump appointees out of access to information within their own agencies. The judge issued a Temporary Restraining Order (TRO) to do just that. This order is “impermissible” and is a blatant attempt to engage in judicial activism and violate the Article II separation of powers in our Constitution.
Let’s take a careful look at the facts surrounding this blatant attempt to rewrite the Constitution.
First, the request for a TRO was submitted as an “emergency” situation after the close of business for the court. This avoided the “at random” assignment of a judge as is the normal course of business. Instead, it was handled by an “on-call” judge. This duty rotates but the rotation would be known by anyone who has observed the court’s workings.
So, the people who filed this insanity knew which judge would wind up handling the “emergency” request and what his ideological predilections would be. In the vernacular, this is called judge shopping. The motion was held “ex parte.” This means that the government was not present and had no opportunity to refute the allegations made.
TROs are issued when there is the possibility of “irreparable harm” if the TRO is not issued. In this case those filing the motion for the TRO were saying in effect that any political appointee was a danger to creating such “irreparable harm” including those within the Treasury Department itself. This would include the Secretary of the Treasury.
This is just a pile of horse pucky and is a grave violation of the separation of powers detailed in the Constitution. Despite this, the judge, who should be impeached, granted the motion.
Why wasn’t this motion for TRO filed with the court as part of normal business? The filing was some 60 pages in length and required the collaboration and signing off by many AGs. This obviously required considerable time to prepare.
The reason, of course, is that they needed a specific judge to review this knowing that most judges would have laughed this attempt out of their courtrooms. Such are the depredations that the Democrats are stooping to.
It turns out that this time around the Trump administration is prepared for such actions. A filing was made to dissolve the TRO. At this point a Judge Vargas has restricted the extent of the TRO to a few people outside the Treasury Department. It should be noted that no one outside of the Treasury Department had had such access as described.
Arguments on the substantive portions of the motion are now scheduled for Friday.
VP Vance weighed in on this matter.
If a judge tried to tell a general how to conduct a military operation, that would be illegal.
If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal.
Judges aren’t allowed to control the executive’s legitimate power.
— JD Vance (@JDVance) February 9, 2025
While I am normally slow to predict the outcome of legal cases because of my limited legal background, I will say that this will fail miserably (and, in fact, the limiting by Judge Vargas shows just how bad this decision by an activist judge was).