Don't freak if Chutkan doesn't grant a temporary restraining order on Musk [View all]

...to get to a TRO which immediately restrains Musk from further actions, Judge Chutkan would need to find that harm from his actions is imminent and irreversible.

With another more consequential 'preliminary' hearing scheduled in about 14 days - in which it's very likely she'll have enough evidence in front of her to rule against the administration - the plaintiffs (state Ags) will have the opportunity to go back and collect the evidence she signaled in her responses in court would show specific harm.

She'll also be making judgments, presumably, about Musk's official classification in the Trump regime, like whether his unofficial role has the authority normally only given to officials who have been through some sort of confirmation process in Congress.

To the point, there's much more judgment coming for Musk after the TRO ruling, no matter how it goes.


Michael Popok reports on the Judge finding the Trump DOJ’s comments that they “don’t know if people have been fired” and that “Musk doesn’t have actual or formal authority” to do so, lacking credibility during a rare Holiday hearing.

(excerpt)

...for right now the issue the sort of
the academic issue is whether there is
irreparable harm if she stops, if she
doesn't stop it now... she's going to hold
a preliminary injunction hearing which
is the next level up of from a trro
which is what the the hearing on Monday
was about.

In the next 14 days the question
is for her does she have to stop
Elon Musk from doing stuff right
now, or can we just get to the
preliminary injunction hearing?

Not every preliminary injunction which will last
until the end of the case is preceded by
a temporary restraining order. Many are,
now I would say in 80% of my cases where
I've gotten a tro, where I've sought a
preliminary injunction, I've gotten a
tro in advance a temporary restraining
order. But not every case, and the judge
is basically saying, not that I don't
believe that I'm going to give you the
injunction, the question is whether I'm
going to give you a preliminary
injunction in two weeks or I'm going to
give you an early injunction we call a
temporary restraining order.

So the things that were held up, that's
holding up the process now, is this academic
discussion and debate between the judge
and the lawyers about irreparable harm
sort of Falls by the wayside in about
two weeks.

She can still find irreparable harm
moving forward on a full
briefing on a full record... is not finding
it now, and it doesn't mean because she
didn't grant the tro that she's also
unlikely to grant the preliminary
injunction.

In fact quite the opposite I
think she's going to grant the
preliminary injunction in two weeks.
She's just going to let them do whatever
they're going to do in the meantime
which also strengthens the hand of the
14 or so attorney generals because
they'll be able to document the damage
over the next 14 days. And I think that's
what she's trying to do if I were a
betting man or guessing I think Judge
Chutkan is trying to help the movements
here the Attorneys General by giving
them the ability to develop a better
record by watching closely what happens
the next 14 days and bringing that
evidence to her attention.

watch: