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Legal Af
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Trump Admin BACKS DOWN After Lawsuit TRAPS THEM

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April 25, 2026

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Attorneys Brian Kabateck and Shant Karnikian cover the Trump administration's latest courtroom retreat. In February, the National Park Service removed the Pride flag from the Stonewall National Monument in Greenwich Village — the birthplace of the modern LGBTQ rights movement, designated as the nation's first LGBTQ national monument by President Obama in 2016. The administration claimed it was following a policy limiting which flags can fly at national park sites. But as Brian points out, they didn't seem to have a problem with Confederate flags still flying at places like Gettysburg. Eight days after the removal, Lambda Legal and Washington Litigation Group sued on behalf of the Gilbert Baker Foundation, Village Preservation, and Equality New York, arguing the government's own policy contains a historical context exception — and there is no more historically appropriate flag at Stonewall than the Pride flag. The plaintiffs also cited violations of the Administrative Procedures Act and the National Historic Preservation Act. The Trump administration saw the writing on the wall and completely caved, agreeing to a consent judgment that permanently restores the flag. Meanwhile, New Yorkers had already jumped the fence and put it back up themselves. Brian and Shant discuss why the administration picked this fight in the first place — a dog whistle to the base that was always destined to fail in court — and what happens politically when Trump keeps losing: he plays the victim.

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Guests & Subjects Covered

Attorneys Brian KabateckShant KarnikianIn FebruaryNational Park ServiceStonewall National MonumentGreenwich VillagePresident ObamaGettysburg Eight

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