President Donald Trump's losses both in Washington and in court are stacking up, and a former federal prosecutor says one of those setbacks is particularly devastating for the president.
In a video, Glenn Kirschner — a former assistant U.S. attorney for the District of Columbia — pointed out that Trump has gotten a wave of bad news just in 24 hours at the beginning of this week. He took note of the 9th Circuit Court of Appeals granting a full review of his attempt to send the National Guard to Portland, Oregon; five Republican senators joining all Democrats to revoke Trump's tariffs on Brazil, and acting U.S. attorney Bill Essayli being disqualified from holding his post by judges in the Southern District of California.
Kirschner argued that the 9th Circuit's decision is likely to overrule a previous 2-1 ruling by a 9th Circuit panel allowing Trump to send the military to Portland. That ruling — in which two Trump-appointed judges were in the majority — overturned a previous decision by U.S. District Judge Karen Immergut (also a Trump appointee) blocking Trump from sending the National Guard.
Should the full 9th Circuit uphold Immergut's initial ruling, Trump would have no choice but to appeal to the Supreme Court, which is already weighing Trump's attempt to deploy the National Guard to Chicago, Illinois.
The former prosecutor also said the "bipartisan rebuke of Trump" following the Senate's vote to reject tariffs on Brazil was a significant blow to the administration, given how central tariffs are to the president's economic agenda. Sens. Susan Collins (R-ME), Mitch McConnell (R-KY), Lisa Murkowski (R-AK), Rand Paul (R-KY) and Thom Tillis (R-NC) joined all 47 Democrats to prevent Trump from using the International Emergency Economic Powers Act (IEEPA) in regard to Brazilian imports.
The vote came as the Supreme Court is considering an appeal from the administration to reverse a prior decision from the U.S. Court of Appeals for the Federal Circuit that Trump had no legal authority to use the IEEPA to impose tariffs.
"I don't care how Trump's flunkies try to spin this one," Kirschner said. "This makes Trump weaker."
Kirschner concluded the video by outlining the implications of Trump's hand-picked U.S. attorney in the Southern District of California being removed from his position on Tuesday. U.S. District Judge J. Michael Seabright ruled that Bill Essayli was "unlawfully serving" as U.S. attorney after his 120-day period as interim U.S. attorney expired. Kirschner argued that Essayli's dismissal will likely help make the case that interim U.S. attorney Lindsey Halligan should be disqualified from serving as interim U.S, attorney for the Eastern District of Virginia (which conservative attorney George Conway has also argued).
"[Essayli's disqualification] has the potential to blow up the vindictive prosecutions of New York Attorney General Letitia James and former FBI Director James Comey," Kirschner said.
