President Donald Trump received some “bad” news in three political and legal developments over the past few days, attorney and legal analyst Glenn Kirschner said in an October 29 video.
Kirschner announced it’s “been a really bad 24 hours” for the Trump administration, pointing to three recent developments regarding the federal militarization efforts in Portland, Oregon, the Senate block on Trump’s tariff in Brazil, and a judge ruling that the Trump-appointed Acting U.S. Attorney for the Central District of California Bilal “Bill” Essayli has been “unlawfully serving.”
Why It Matters
The 9th U.S. Circuit Court of Appeals’ decision to reconsider an appeal over the Trump administration’s deployment highlights the ongoing constitutional debate regarding the boundaries of presidential authority in deploying military forces domestically, especially in the face of local government objections.
The outcome could influence how executive power is exercised in situations that the White House deems as civil unrest and has implications for similar disputes in cities like Chicago.
Five Senate Republicans broke ranks Tuesday, joining Democrats in a symbolic vote to block Trump’s emergency tariffs on Brazil in a rare public rebuke of his trade policies.
What To Know
In his video, Kirschner, a frequent Trump critic, first addressed the 9th U.S. Circuit Court of Appeals decision, stating that “the full bench…are maybe about to put a more permanent stop to Trump’s determination to militarize the streets of Portland.”
The 9th Circuit Court of Appeals voted to hold an en banc rehearing—an extended review with 11 judges—of the earlier decision that allowed Trump to deploy 200 Oregon National Guard troops to support federal officers in Portland.
This move vacated the three-judge panel’s 2-1 ruling in favor of the Trump administration. The case stems from Trump’s late-September authorization to mobilize the National Guard in response to ongoing demonstrations at Portland’s U.S. Immigration and Customs Enforcement (ICE) facility.
He next addressed the handful of Republicans who broke with their party to join Democrats on a vote to end Trump’s 50 percent tariffs on Brazil. Kirschner repeated that it was a “bipartisan rebuke of Trump.” Senators Susan Collins of Maine, Lisa Murkowski of Alaska, Rand Paul of Kentucky, Thom Tillis of North Carolina and Mitch McConnell of Kentucky all backed the measure.
The administration says the tariffs are a necessary tool to secure better trade deals and punish Brazil for its treatment of former President Jair Bolsonaro. Vice President JD Vance met privately with Republican senators earlier Tuesday to warn that opposing Trump’s tariffs would weaken the president’s leverage in negotiations.
“To vote against that is to strip that incredible leverage from the president of the United States,” Vance told reporters afterward.
Kirschner then turned to Essayli’s appointment, in which U.S. District Judge Michael Seabright wrote in a 64-page order that “Essayli may not perform the functions and duties of the U.S. Attorney as Acting U.S. Attorney. He is disqualified from serving in that role.”
Seabright said Essayli can remain as First Assistant United States Attorney.
Kirschner noted that this development has the potential to “blow up,” as it relates to the interim United States attorney for the Eastern District of Virginia, Lindsey Halligan. Federal district judges have noted that several Trump-appointed attorneys have been serving in their roles unlawfully, without Senate confirmation.
Halligan, who is pushing forward with Trump’s legal request against former FBI director James Comey, is a former insurance lawyer and White House aide. In September, she quickly secured an indictment against Comey despite internal concerns about the case’s strength, a move that has raised concerns among many in the legal community.
Kirschner noted that Seabright says he won’t dismiss Essayli’s indictments because other prosecutors have signed onto them. However, he argues this is not the case with Halligan, who he says “was also unlawfully appointed” by Trump, noting that her indictments against Comey and New York Attorney General Leticia James were only signed by her. Given that other prosecutors didn’t sign on the original indictments, Kirschner argues she is “very likely going to be disqualified.”
The cases are still in the early stages of the litigation process.
What People Are Saying
Oregon Attorney General Dan Rayfield wrote on X on Tuesday: “LAWSUIT UPDATE RE: NATIONAL GUARD IN PORTLAND: The Ninth Circuit just announced they will take our case en banc. Both TROs [temporary restraining orders] remain in effect and the National Guard still cannot be deployed in Oregon.”
Homeland Security Secretary Kristi Noem, on X earlier this month: “DHS, under President Trump, will NOT ALLOW domestic terrorists to overrun our cities. We will bust their networks and bring every one of them to justice.”
Senator Rand Paul told reporters on Wednesday: “Emergencies are like war, famine, tornadoes. Not liking someone’s tariffs is not an emergency.”
Former Watergate attorney Nick Akerman told Newsweek earlier in October that Halligan is: “essentially being told to indict somebody as retribution because Donald Trump perceives Comey as an enemy.”
Bill Essayli wrote on X post on Tuesday: “For those who didn’t read the entire order, nothing is changing. I continue serving as the top federal prosecutor in the Central District of California. It‘s an honor and privilege to serve President Trump and Attorney General Bondi, and I look forward to advancing their agenda for the American People.”
What Happens Next
The tariff measure is unlikely to pass the GOP-majority House. The legal case around Trump’s National Guard deployment is ongoing.
Comey has pleaded not guilty. The outcome of the dismissal motions could determine whether the case proceeds to what would be one of the most politically charged trials of Trump’s post-presidency era.
