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What happened:
After a hearing Tuesday morning, Judge Christopher Cooper blocked the Kennedy Center’s Board of Trustees from returning Trump’s name to the building. “Simply put, Defendants cannot install memorials for President Trump or anyone or anything else at the Kennedy Center without Congress’s blessing.” That includes proposals to add “renovated and restored by Donald J. Trump” on the main building or renaming the campus the “President Donald J. Trump Plaza.”
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You can read Judge Cooper’s full opinion here.
Why it matters:
The administration has acted in bad faith on this one, stretching the court’s patience thin. In today’s order, the Judge noted that “the drama at the Kennedy Center continues.” The administration flirted with defying a court order when it delayed the removal of Trump’s name after the first court order. It then draped the front of the building in an apparent childish move akin to Trump announcing that if his name couldn’t be there, no one else’s would be visible. But there was absolutely no justification for Trump’s more recent efforts to get the Board to return his name to the front of the Center after the Judge had already entered an injunction. Had the administration moved forward, it would have been flagrant defiance of a court order.
It matters when a court tells this particular litigant that it meant what it said and that compliance isn’t optional. “To obtain relief enforcing a prior order, a plaintiff must demonstrate that ‘a defendant has not complied with a judgment entered against it,’” Judge Cooper wrote. Then he ordered the relief the plaintiff requested—enforcing the injunction that the President refuses to comply with and sending a message that he had no intention of letting Trump get away with the semantic gymnastics when he’d attempted to put his name back up with President Kennedy’s.
What comes next:
Of course there will be an appeal. But the oxygen has been sucked out of the room. Trump cannot put his name back on President Kennedy’s memorial. The distraction value of this case is over.
This decision, like so many others, was a no-brainer legally. The case has so little merit that one wouldn’t even expect a neutral Supreme Court to touch it on certiorari; they’d just let the Court of Appeals decision stand. Unless the Supreme Court wants to wake up one morning to discover they have been rebranded as the “Donald J. Trump-Improved Supreme Court” they would do well to follow Judge Cooper’s lead.
But there’s still a cautionary tale: the destruction of the East Wing. We know how Trump operates. The lawyers may need to go back to court to seek an injunction to prevent him from tearing the Kennedy Center down. Today he told the press, “For me to go and fix it and subsidize it, I think the Trump administration should have recognition. If we don’t do that, it’s going to close and get ripped down.” It doesn’t get much more clear than that.
Tuesday, after the Court’s decision, Trump posted on Truth Social, making it sound like the Kennedy Center is falling apart. It is an older building, and it always needs some work. Just because Trump happens to be in the White House when repairs are done doesn’t mean his name belongs on it. Adam Klasfeld nailed it when he wrote: “Congress appropriated $250M+ in taxpayer money last year for Trump’s wish-list renovations for the Kennedy Center, inserting no language about holding the whole thing hostage if it’s not a shrine to Trump.”
But you get the tenor of how irrational Trump is about this whole affair in a lengthy Tuesday Truth Social post:
Shockingly, a Judge appointed by Barack Hussein Obama, Christopher Cooper, ruled that The Kennedy Center, which was going to close in early July for largescale renovations and construction due to years of neglect, decay, and poor maintenance, and which was to be transformed by the Trump Administration into the Finest Facility of its kind, anywhere in the World, is not allowed to close for these renovations, which would not be possible to properly do without such a closure. Additionally, Judge Cooper ruled that the 36 Member Board of Trustees, which unanimously voted to add the name “TRUMP” onto the former Kennedy Center, making it The Trump Kennedy Center, did not have the right to do such an addition, and the name, “TRUMP,” must be removed.
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Judge Cooper and the Radical Left would rather see it DIE than have President Trump transform it into something that everyone could be proud of, much as I have done, in many cases, throughout my life, and recently, with all of the construction, renovations, and ‘fix ups’ that we have completed.” He concludes in vintage Trump fashion: “There has never been a President of the United States who has been treated so unfairly by the Courts as I but, that’s OK, I will continue to do, what is considered to be, a great job for the wonderful people of our Country.
You may not have had a constitutional crisis over the naming of the Kennedy Center on your bingo card for this year, but here we are. Any of the actions Trump seems to be contemplating here would run afoul of the court’s order.
Also Worth Noting Today:
Oral argument took place yesterday in the U.S. Court of Appeals for the Fourth Circuit in a case involving whether Lindsey Halligan, a Trump attorney with no experience as a prosecutor, was properly put in place as his US Attorney in the Eastern District of Virginia. (Halligan was appointed after the incumbent in that position was forced out in the debacle over the first—and now dismissed—indictment of Jim Comey.) The lower court’s ruling that Halligan was appointed illegally also led to the dismissal of federal charges against New York AG Letitia James. At least two of the judges on the panel seemed inclined to believe that the administration had broken the rules and the lower court’s decision should stand.
In other news, Laura Weiss at Punchbowl reported on Kash Patel’s Tuesday outing before the Senate Judiciary Committee, noting that it became “incredibly tense - not just between Patel and Dems.” Senators Grassley and Booker tussled after Patel insulted Vermont Senator Peter Welch, calling him “a complete and total fraud” during questioning. Patel accused Democrats of “attacking him for campaign ads.” But it got worse for Patel, who all but begged Grassley to end the hearing during questioning from Senator Adam Schiff. That line of questioning recalled Schiff’s time as a federal prosecutor—he knows how to handle a difficult witness. Schiff grilled Patel about firing every agent who worked on the Mar-a-Lago investigation (reminder: agents don’t get a choice which matters they work on; they’re assigned).
Schiff to Patel: “I will remind you, director, because you probably need reminding, that while this Congress is not going to investigate the wrongful termination of potentially hundreds of agents, the next Congress will. And you have an obligation as FBI director to ensure that none of the [documents] are destroyed.” Patel, who reportedly tried to pack up his things and leave, appealed to Grassley for help: “I would appreciate it if you concluded this hearing.”
Although Patel’s exchange with Louisiana Senator John Kennedy over bestiality and FBI hiring garnered the most media attention, the more important exchange was the one with Welch, who accused Patel of being “more than willing” to use the FBI to advance Trump’s personal grievances over election losses, saying, “My concern is that this means what you are willing to do for the president in this year’s midterm elections that the president is already saying are going to be rigged if he loses.” He asked Patel about sending agents to the polls and whether he would promise to "not in any way interfere in the will of the American people when they go to the polls in November." Patel responded, "I have pledged unequivocally that I will not participate in your charade of lies.” That’s not exactly a no.
Meanwhile, Donald Trump seems to have found more crazy. Frantic for a new distraction, he is accusing the Biden administration of mishandling the investigation into one of the assassination attempts on him in Pennsylvania. You’ve just got to read this one to believe it.
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