# Trump CRUSHES Rogue Judge in National Guard Showdown!

Source: https://www.youtube.com/watch?v=ChOFKVXHESo
Recap page: https://rapidrecap.app/video/ChOFKVXHESo
Generated: 2025-11-25T14:04:52.59+00:00

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## Quick Overview

The Ninth Circuit Court of Appeals granted the government's emergency motion for a partial administrative stay in the Oregon National Guard case, temporarily enjoining the federalization of the Guard pending further court order, which the speaker argues is illogical because the lower court judge, Karen Ellegard, previously ruled that President Trump lacked the authority to federalize the Guard under 10 U.S.C. § 12406, creating a contradictory situation where the stay relies on an injunction that the judge herself had issued.

**Key Points:**
- The Ninth Circuit granted the government's emergency motion for a partial administrative stay, temporarily enjoining the federalization of the Oregon National Guard (0:00:05, 0:17:00).
- The stay is granted pending further order of the court, specifically referencing the underlying permanent injunction issued by District Court Judge Karen Ellegard on November 7, 2025 (0:17:10).
- The speaker argues this is contradictory because the injunction Judge Ellegard issued was based on the finding that President Trump lacked the authority under 10 U.S.C. § 12406 to federalize or deploy the National Guard (1:51:00, 3:34:00).
- The court's decision to grant a stay on an injunction that prevents federalization effectively allows the federalization to proceed temporarily, which the speaker claims makes no sense (5:39:00).
- The government is directed to file weekly status reports regarding the current status of any federalized Oregon National Guard troops, including updates on defederalization (7:09:00).
- The Ninth Circuit ruling is staying the injunction pending the US Supreme Court's ruling on the government's application for a stay in *Trump v. Illinois* (7:26:00).
- The speaker criticizes the Ninth Circuit Chief Judge for acting 'solo' and granting the administrative stay, suggesting the move is politically motivated (4:44:00, 5:34:00).

![Screenshot at 0:17: 00:The Ninth Circuit Court of Appeals document highlights the granting of the government's emergency motion for a partial administrative stay, temporarily blocking the federalization of the Oregon National Guard pending further order.](https://ss.rapidrecap.app/screens/ChOFKVXHESo/00-00-17.png)

**Context:** The video discusses a ruling by the Ninth Circuit Court of Appeals regarding the authority of the President of the United States to federalize state National Guard units, specifically the Oregon National Guard, under 10 U.S.C. § 12406. The core conflict revolves around whether the President has the unilateral power to withdraw federal recognition and control from National Guard units that were previously federalized, an action that the lower court judge, Karen Ellegard, had enjoined. The Ninth Circuit's decision to grant a temporary administrative stay on that injunction is the subject of the speaker's intense legal critique.

## Detailed Analysis

The speaker vehemently criticizes the Ninth Circuit Court of Appeals for granting the government's emergency motion for a partial administrative stay in the case involving the federalization of the Oregon National Guard (0:17:00). This stay temporarily enjoins the federalization, effectively pausing the effect of a previous permanent injunction issued by District Court Judge Karen Ellegard on November 7, 2025 (0:03:00). The speaker finds this contradictory because Judge Ellegard's original ruling stated that President Trump lacked the authority under 10 U.S.C. § 12406 to federalize the National Guard units in the first place (1:51:00). By granting a stay on the injunction preventing federalization, the court is allowing the action the injunction was meant to stop, pending a further ruling, which the speaker labels as illogical and based on 'feckless arguments' from 'fascist feckless judges' (0:11:00, 5:41:00). The order further directs the government to file weekly status reports on the defederalization of any troops (7:09:00). The basis of the stay is that it is pending the Supreme Court's ruling on the similar issue in *Trump v. Illinois* (7:26:00). The speaker emphasizes that the President can activate or deploy the National Guard under Article II powers if there is a rebellion or danger of rebellion, but the ability to federalize (under 10 U.S.C. § 12406) is distinct and requires meeting specific statutory conditions which the Ninth Circuit seems to be ignoring by issuing this stay.

### Ninth Circuit Ruling

- Grant of partial administrative stay on injunction against federalization of Oregon National Guard
- Stay pending further order of the court
- Stay hinges on the injunction Ellegard issued (0:00:05, 0:17:00)

### Legal Contradiction

- Judge Ellegard's initial ruling found Trump lacked authority under 10 U.S.C. § 12406 to federalize the guard
- Stay grants temporary relief from an injunction based on a finding of lack of authority (1:51:00, 3:34:00)

### Government Directives

- Government must file weekly status reports on federalized Oregon National Guard, including defederalization updates (7:09:00)

### Supreme Court Precedent

- The stay is pending the US Supreme Court ruling on the government's application for a stay in *Trump v. Illinois* (7:26:00)

### Speaker's Critique

- The court order is illogical because it allows federalization while the underlying decision questioned the President's authority to do so (5:39:00, 6:17:00)

![Screenshot at 0:00: 00:The speaker, a legal commentator, begins discussing a court order while a 'COMING UP NEXT...' banner is displayed.](https://ss.rapidrecap.app/screens/ChOFKVXHESo/00-00-00.png)
![Screenshot at 0:17: 00:A snippet of the Ninth Circuit Court of Appeals document is displayed, highlighting key phrases regarding the emergency motion for stay and the granting of a partial administrative stay \(Case Nos. 25-6268 and 25-7194 consolidated\).](https://ss.rapidrecap.app/screens/ChOFKVXHESo/00-00-17.png)
![Screenshot at 0:46: 00:A tweet from Josh Gerstein detailing the Ninth Circuit's ruling: Chief judge grants administrative stay of ruling that would defederalize National Guard troops sought by Trump \(0:46:00\).](https://ss.rapidrecap.app/screens/ChOFKVXHESo/00-00-46.png)
![Screenshot at 1:25: 00:The speaker displays the text of 10 U.S.C. § 12406, which outlines the conditions under which the President may call out National Guard members, specifically citing the clause where the President is 'unable with the regular forces to execute the laws of the United States' \(1:34:00\).](https://ss.rapidrecap.app/screens/ChOFKVXHESo/00-01-25.png)
![Screenshot at 7:50: 00:The document text shows the stay is pending the Supreme Court's ruling on the government's application for a stay in \*Trump v. Illinois\*, No. 25A443.](https://ss.rapidrecap.app/screens/ChOFKVXHESo/00-07-50.png)
