Legal AF by MeidasTouch - Legal AF Full Episode - 10/15/2025
Episode Date: October 16, 2025Do we have a new shadow Attorney General named “Eagle” Ed Martin who reports only to Trump? Why did former Special Counsel Jack Smith pick right now to speak to America? Will the Comey Indictment... ultimately lead to the disqualification of Lindsey Halligan and the implosion of the DOJ? Will Arizona’s AG sue MAGA Mike to make sure Rep. Grijalva is sworn in and the Epstein Files are released? How quickly will the MAGA 6 on the Supreme Court rule that there do not have to be ANY black congressional districts in America? Michael Popok is joined by Karen Friedman Agnifilo on the top ranked Legal AF podcast to make it make sense. Support Our Sponsors: Armra: Head to https://tryarmra.com/legalaf or enter promo code: LEGALAF to receive 15% off your first order! Miracle Made: Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGLAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. Delete Me: Get 20% off your DeleteMe plan when you go to join https://deleteme.com/LEGALAF and use promo code LEGALAF at checkout. Everyday Dose: Get this EXCLUSIVE OFFER by going to https://EverydayDose.com/LEGALAF or entering LEGALAF at checkout. Subscribe to Legal AF Substack: https://substack.com/@legalaf Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices
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It is the midweek edition of LegalAF and with Karen Freeman, Ignifalo.
We've got a lot to talk about Karen.
We're watching the implosion of the Department of Justice.
This is what happens when a president in Trump takes seriously his threat to be the chief
legal officer of America.
He's just bypassing all of his leadership and assigning cases to his own handpick prosecutors.
And now there's a war that's broken out.
within the Department of Justice. I'm not even talking about career prosecutors versus the enablers for
Donald Trump. I'm talking about within the MAGA enablers of Donald Trump, there's a war that's broken
out. It's Pam Bondi and Todd Blanche on one side, Cash Patel and Ed Martin, who's the shadow
attorney general apparently on the other. And Lindsay Halligan, she took a side. And we're going to
talk about how Comey, the former FBI director, has been framed on some perjury charges, how he
He's already informed the court, come out swinging to expect not one, but two major motions
by October 20th deadline.
One of them is he's going after Halligan and going after, and he's coming heavy.
He's going to move to disqualify her for being illegally appointed, and he wants the motion
heard by a different court than the court in the Eastern District of Virginia.
We'll tell you, now that you're on the edge of your seat, we'll tell you why.
And in that implosion of the Department of Justice, we've got things like Alex Jones
and what the Supreme Court did about his $1.5 billion set of judgments brought and obtained
by the Sandy Hook families after Alex Jones made a mint depravely declaring that the Sandy Hook
massacre of children and teachers was an acting job, that there's no dead children.
They were actors and the parents are actors, and that's not what juries had to say about that.
And then he ran Karen to the United States Supreme Court and tried to argue First Amendment
and you shouldn't take money away from me because I've got 30 million followers.
That's, by the way, if he has 30 million people that somehow watch what he does, he's totally
crazy.
But that led to another fight between the shadow prosecutor, shadow attorney general, Ed Martin
and Todd Blanche.
We'll talk about how all that gets wrapped together.
We've got, as we came on the air, we've got another ruling coming out of Oregon from
from Judge Imbergut, blocking once again,
extending the block once again on Donald Trump's deploying
of federalized state militia, National Guard
on the streets of Portland.
But there's a twist in there has to do with the appeal
up the Ninth Circuit.
We've got a, on a, it's a threat that's gonna be made good,
I think, by Chris Mays, the Attorney General of Arizona,
also today, in which she sent a strong letter
to Maga Mike Johnson saying that if he does
and swear in, Representative Grahalva, who represents 800,000 people in the 7th Congressional
District in Arizona, like now. She's going to file a writ of mandamus, a petition for
rid of mandamus to force him to swear her in. Oh, I can't swear her in, you know, Congress is
closed, it's Democrats, it's shut down. No, there's pro forma sessions with going on within Congress
and she can be sworn in. I wonder if it has anything to do, Karen, with the Epstein files,
and we'll bring up the Epstein files.
We talk about Representative Grijalva and getting her sworn in.
Jack Smeat, Jack Smith's, let's try that again.
Jack Smith speaks, stays in the pod.
That's harder to say that it looks.
Remember him?
Remember him?
Worked at the Hague for a number of years.
Came out of retirement from American jurisprudence,
decided to become special counsel for Merrick Garland to investigate Donald Trump's
interference along with dozens of others in the outcome of the 2020 election. Remember that guy?
If it's not ringing a bell, Mar-a-Lago, espionage, obstruction of justice case in front of Judge
Cannon, or maybe you'll remember Judge Chetkin's case for election interference and the indictment
of a president, probably a conviction of a president, had that guy not been re-elected or elected
again. Well, even though, I mean, I get this guy a lot of credit, Karen. You'd think this is the time
not to pop your head up, you know, like a gopher and look around.
I mean, this is a time of tremendous attacks on any political enemy of Donald Trump.
People are getting indicted, left and right.
They're being threatened with jail.
They're being pepperballed in the face.
Stephen Miller has run amok.
He thinks he's some sort of Mussolini using the power and the might of the presidency to crush dissent.
but maybe that is the time for a person like jack smith to put on his cape again and come back and talk to us and so
there is an interview about jack smith and then um there was an oral argument today that's the best i could probably put it at the
united states supreme court and i don't think it looks good for the voting rights act section two which was
congress's way starting in the 1960s during the great society and linden johnson to protect the right of black and brown voters and make sure they're
15th Amendment rights. Look at that map. Those 15th Amendment rights were protected. And ever
since, John Roberts, not just Clarence Thomas, John Roberts has wanted to get rid of the Voting
Rights Act. And I think he's got the case to do it with this Alabama case that was argued today
before the United States Supreme Court. We had it up live on Legal AF YouTube as well.
Ooh, that's a lot to talk about. Karen, come on in. Let's get to it. Let's get cracking.
Hey, Pope. How's it going? Good to see you. Good to see you. And your new, your new office
there, your new digs.
Yeah.
Before we get to the meat of the order,
talking about prosecutor things,
the Department of Justice things,
let's start off with Judge Imbergut,
Trump appointee, first time around
former prosecutor, like you,
state and federal,
and has been issuing very stern orders
two from two weeks ago,
back to back,
that said that Donald Trump could not nationalize
the Oregon Guard,
because the factors that need to be present
in order to commandeer a state militia
under a statute we call 12406,
we're not present. We weren't under attack
for a foreign country. There wasn't a rebellion
and there wasn't a domestic disturbance
or domestic violence that made it impossible
for him to execute on law.
I mean, Oregon had some, you know,
had some issues in June. There was some arson.
There were some cars set on fire.
I mean, frankly, if you've seen
if you've seen video of some cities after they win the Super Bowl or the World Series,
you'd be hard-pressed to tell the difference.
I'll just leave it at that.
And then months later, after the really got reduced about 20 people in chicken suits and frog suits,
protesting in front of ice, that's what he sends the troops in.
So she issued her order that said, no, you can't nationalize the Oregon Guard.
Then Donald Trump said, fine, I'll send California National Guard in.
And she pulled together an emergency hearing two Sundays ago and said, no, you're not doing that either.
So she stayed the, what's called the mobilization or the commandeering of the guard.
And at the same time, she stopped the deployment, stay in your barracks.
Ninth Circuit took a look at that, had an oral argument about a week ago, and said,
well, for now, stay in your barracks, we'll come back to you about whether
Donald Trump could nationalize the guard.
So there was a hearing today with Judge Imbergut
where she had to make a decision about that part of her injunction
that was still standing after the Ninth Circuit.
So what happened from there, Karen?
Didn't she extend it for two weeks,
the time period for which that they have to not be mobilized?
Like, isn't it just kicking the can down the road
for another two weeks?
It could even be less.
It is, I mean, the headline is,
federal judge blocks
mobilization or deployment
of federal troops again
in Oregon. But she also said
on the phone during the hearing
she said today, I know
the Ninth Circuit's about to rule. And if they rule
against me, I'll lift the stay.
But she's trying to line
up her order with the
administrative stay order
of the Ninth Circuit.
It's all important because it's not only what's going on in
Oregon, right? It bleeds over into
Illinois. Because
you got Judge May that issued her order, very similar to Judge Imbergut's order,
blocking the Illinois deployment of National Guard and mobilization.
And the circuit court there, the appellate court there,
did the exact same thing as the ninth, right?
Yeah, I also read that I think Oregon National Guard is being sent to Texas
to go guard the border there.
I mean, Trump is just dying to utilize the military or military-like forces
on national on our citizens it's unbelievable to me yeah and you know it's going to rapidly get
eventually to the united states supreme court i expect that ninth circuit decision to come out
the next week or two certainly i don't think it'll go be much beyond that and based on my
review of the oral argument that we had up on legal a half youtube it's not looking good for
oregon and judge imbergut's decision i think they're going to give the president kind of like
the night circuit did a pretty broad
birth here to exercise whatever he sees fit in terms of a rebellion or oh if the president says
you can't execute the laws we'll just have to defer to him you know sort of this deference to facts
thing which drives me up the wall and but it is consistent now the night circuit case is still going
on with Gavin Newsom versus Donald Trump and I'm going to have the honor and the pleasure
of interviewing live in-person Rob Bonta, the Attorney General, on Saturday, this Saturday,
we already have it up on LegalAF YouTube.
He's going to be up on the stage with me at an event in San Diego, and we're going to be
talking about how what just happened in Oregon and Illinois help him ultimately in the
California argument, because one of the arguments Trump made is, I've got to mobilize these
forces, I got to deploy them in California because the state's on fire.
It's a shithole.
I mean, this is my paraphrase.
It's a war-ravaged area, and yet he took 200 of them and sent them to Oregon.
So how bad could it have been in California?
So that's a gift, right?
Yeah, and I hope the Oregonians continue to show how absurd and unnecessary this is with their costumes that they're wearing, their chicken suits, their, you know, their unicorn suits, their frog suits, their emergency.
naked bike rides that they're calling. I mean, it just shows the absurdity of and the unnecessary
nature of this deployment. And I think it really highlights how absurd and ridiculous this is.
You pick the wrong hippie progressive town to go after. I mean, just watch Portlandia.
It's almost a documentary from the people that I know that live there. And I felt sorry for the
frog guy because they shot a pepper ball up his butt inside his suit. I mean, there's video of that.
Maybe our producer can find it while I'm talking about it.
But all kidding aside, it's going to end up with the United States Supreme Court.
We're going to get another terrible ruling that's going to be on the books for generations
about what the next president not named Donald Trump can do related to these things.
So the National Guard cases stand for a certain proposition.
Now, let me just rip the mask off here because I've seen the numbers.
Donald Trump has blown hundreds of millions of dollars of tax.
payer dollars to do these cost play stunts and show of force.
$200 million alone in DC and multiply that by Illinois and California.
You're talking about three-quarters of a billion dollars.
Thank you very much.
I mean, not thank you very much, like I wanted that to happen, but thank you, that you showed
that poor frog guy who got a pepper sprayed in the...
He shot them from behind.
He wasn't a threat.
He did it from behind.
By the way, once again, you show why you were such an amazing prosecutor.
The guy in the frog suit was shot from behind.
True.
I mean, he was not threatening these ICE agents.
I couldn't even see them.
Exactly.
It was an unnecessary use of force, as all of this is.
Well, we could spend an entire legal AF with salty running clips of people being tackled from behind, running away and being shot.
This is a cowardly, out-of-control ice and National Guard force.
I don't completely blame them.
But, you know, when you give these Yahoo's $50,000 and a badge and a gun and you send them out
in the streets, you tell them, have at it, you know, it becomes the purge.
Isn't that? Didn't Trump say, use our citizens as practice for the military training?
To which the military generals and admirals in the room were like,
I mean, there was such stone cold, no response to that.
But this is going to end up at the United States Supreme Court.
So we're going to have to continue to follow it.
If you're not okay with a half a billion dollars of your money being spent to primarily pick up litter and stand guard in front of a building, then, you know, let the Republicans know at the midterms, if not before like no Kings Day marches and that type's of thing.
And if you're looking, if you're scoring the party, you've got to look at what they're doing with Representative Adelita Grahalva.
she runs for her late father's seat.
She wins 70% of the vote.
Okay?
This is back in September.
She represents 813,000 Arizonians who have no representation right now because Mike Johnson won't seat her and swear her in
because she's also said she'll be the 218 vote or the 218 signature on the discharge petition.
that it will lead to the Epstein file vote happening on the House floor.
And he keeps finding ridiculous and nonsensical ways to avoid swearing her in.
And so Chris Mays, the Attorney General of Arizona, is going to do something about it, right, Karen?
What's you going to do?
Yeah, I mean, look, she'll obviously bring some sort of lawsuit,
whether it's a writ of mandamus or something, to force this.
Because I think Representative Johnson's excuse that Congress is not in session,
I can't possibly swear her in, is belied by the facts.
And he swore in two federal Republican representatives
who won their seats in special elections
while the House was in recess earlier this year.
So this is a ministerial act that he can do.
He's just not doing it because he desperately doesn't want the Epstein files released
because his boss, President Trump, doesn't want them released.
Yeah, and while we're watching is I kind of has distilled Donald Trump
and after nine months down to the following.
If you can't figure out why a policy is being passed
or a law or an executive order
and it looks warped to you, what's warping it,
there's three things.
It's either Donald Trump's retribution,
Donald Trump trying to make money,
or Donald Trump trying to benefit and or trying to benefit his friends,
or he's trying to cover up a scandal like the Epstein scandal.
So when you're like, wow, that's weird, why did he just do that?
It's one of those three things, or all of those three things in some cases.
So it's money, vengeance, Epstein.
And here, it's a combination of it.
And we've said to our audience, Karen, that in our corner of the world,
when a person hides documents and won't produce them like the Epstein files,
we are allowed, and the judge orders us as a jury,
and we're a jury for Donald Trump,
to infer adversely that those documents are bad for him.
So I'm allowed to assume, and so are the American people,
that what's missed, the things that aren't being produced
are pictures of Donald Trump with young women,
proof that he had, he participated in the child sex trafficking,
that there's money connections between Jeffrey Epstein and him.
I'm allowed to assume all of that as an inference
and adverse inference
because he won't produce the files
and that's what we've asked the American people to do.
Think why.
Because it's such an easy solution.
Just dump it onto a site
and put it all out there.
He cannot do it
because it is lousy with references
that Donald Trump and his relationship with Epstein
that put a lie to everything
he set on the campaign trail and to the American people.
So that's why we don't let up on it.
And that's why we don't let up like on any of the scandals.
Let's just talk about the Tom Holman scandal that they desperately want to go away.
Tom Holman takes a bag of cash.
I mean, I don't know how else to put this.
This was not a complicated.
I know people are like, was there a, was the Grand Cayman Islands and Swiss Bank account?
involved? Was there money laundering through cryptocurrency? No. It was a bag of cash. Like you're
watching a 1950s black and white movie and they just took a bag of cash and handed it to the guy
and said, will you accept this in return for doing something for us? And he said, yes. And it's on
camera and it's on audio because the people that he was meeting with before he became the
border czar were federal agents who had been referred to.
him because somebody else they were targeting said, that guy's dirty. They said, really? Let's find
out. And so he took the money and he kept the money. Did he report it on his tax returns? I don't
know. Did he structure the deposits in the bank so that nobody, they didn't have to fill out a
suspicious transaction report? I don't know. What did he do with the money? And now you got the
administration, whether it's Pam Bondi or J.D. Vance got something to it. You can see Karen,
this evolving to get your view on this evolving first it was get your facts straight senator that was
pam bondy to white out get your fact straight senator is there a video i don't know if there's a video
you'll have to ask that guy you know they're all wearing t-shirts i'm with stupid go ask cash
betel okay then they decided well maybe that's not working since since holman didn't deny taking
the money so they put jd vans on he's like he always has this unctious smart
Army. I'm sure he's taken a lot of $50,000 payments. I'm sorry, he's lost track of how many
paper bags of money he's taken. Is that what you're trying to say? He's a very successful man.
I'm sure there's a lot of $50,000 payments said, but he didn't take it for anything and he didn't
do anything wrong by taking it. And I don't know what video you're talking about George Stephanopoulos.
And that's why I'm on this show because nobody watches it. I'm like, what the F is happening?
He literally said to George Stephanopoulos, that's why nobody.
Nobody watches your show, George, because you ask me questions like that instead of the ones I want you to ask me.
Why are the F are you on the show if nobody watches the show?
What do you make of this Holman?
Do you believe, did you ever run an undercover operation or help run one?
Many, many, many, many, many things.
Talk about it.
Where's the audio? Where's the video?
Well, let's start with planning and preparation and what goes into an operation like this.
to do a sting operation, a public corruption sting operation, of somebody who you believe is going to be appointed into a government position is not something that is done every day. It is not something that the FBI does across the board. You have to get permission up the wazoo. You have to have some articulable reason for why you think this is necessary, because that's a pretty big deal, right, to do a sting operation.
essentially against somebody who you think is about to be nominated to a high-level cabinet-level
position.
And so they made a decision that there is something fishy about this guy that we're going to do
something, we're going to do this thing operation.
They had multiple meetings and tack plans.
They picked the location.
They had to have an undercover officer to get him to even meet there and to do this exchange.
They had to have this whole, they had to have several different.
communications with him to set up this meeting, to get him there.
They had to pre, if there's some kind of video, perhaps they pre-wired the location.
Maybe they were wearing some kind of tiny little buttonhole camera.
I have no idea how they did that.
But that's another factor that they put into it is how are we going to record it?
Video and audio.
Okay, are we going to have the video on this person, make sure that they can, you know, have
it in your hat and they can, you know, record what he's saying.
They go over exactly what words they're going to use because bribery has very specific words that have to be used in order to make out a crime.
There are so many factors that go into it.
Another big deal is how much money, how much taxpayer dollars, essentially, are they going to utilize to do this thing?
$50,000, I never used that kind of money in any kind of sting operation.
That's a lot of money for law enforcement to use in this kind of operation because you might not ever see it again, right?
That money, you know, when you buy drugs or, you know, whatever it is that you do in these
operations, you might not catch the perpetrator ultimately or you might not build a case
ultimately and you know you're going to have to lose, you might lose that money.
The fact that they chose that amount of money also to me signals that this was, they thought
that this was a big deal, right?
And that this guy potentially could, that he was dirty in some way or vulnerable.
That's a very good observation.
nobody's made. I've watched a lot of analysis about this. Yeah, they didn't come at him with
5,000 or 10,000. That's a big number, $50,000. Picture it in a paper bag, right? So you think they
had, they knew what the going rate was maybe for him, that they had to give him in order to get
a lot of money. That's just a lot of money in an undercover sting. And so, and so then they
take the bills out and they log the serial numbers because if they're going to recover the cash,
They have to prove that that was the cash they gave them, right?
And so they photograph it.
I mean, hours and hours and hours and hours of work.
This is a meticulously planned operation that was conducted by the FBI.
And they went in.
And sure enough, no one's disputing that he took $50,000 of taxpayer dollars from the FBI.
And why this administration refuses to answer that question,
And what happened to that money?
Does he still have that money?
What did he do with it?
Did he deposit it, et cetera?
Did he give it back?
I mean, I would assume if he gave it back that they would have told everyone that.
But the fact that they're, you know, the deflecting and ask him, I don't know.
I don't know where it is.
You know, I infer that he kept the money.
Now, they keep saying, oh, they found no evidence of criminality.
I mean, let's just remember two things.
Number one, under this FBI and this Justice Department found no criminal.
Right. So, you know, and so that's one thing. But the other thing, and in fairness, is bribery is, you know, it's a very narrow statute that you have to prove that the person took money in exchange for something that they, you know, for a tangible thing.
The reporting is they weren't, they decided not to arrest them at the time because they wanted him to get into office and then make good on the quid pro quo.
Right? Get a contract their way. And bam, they got it. Now, of course, that was the Biden administration, DOJ, and FBI. And then, you know what happened during the election. But if you didn't have Pam Bondi, not only demonstrating a complete lack of independence, completely compromised, completely captured by the president. At one point, when she was fighting with a senator, she tried to make it about her to divert attention. Are you, don't call me a liar.
I said, I haven't seen the video.
And then she defends Tom Homan.
She shouldn't be defending Tom Homan.
What she should be doing is appointing a special counsel to investigate this, get it away from her, let the special, you know, if we're going to have, I could think of about five special counsels in the first 10 months of this administration.
But I can't think of a better one than Tom Homan in the bribery scandal, appoint an effing, a former U.S. attorney, Jack Smith,
it's not doing anything these days, and let him go proctologist style and go crawl over this issue.
But don't defend him.
I mean, you're the attorney general of the United States.
How do you know?
Yeah.
No, instead, they're trumping up charges against Jim Comey, Letitia James.
You know, she checked the wrong box on her mortgage and, you know, like instead they're coming
up with these ridiculous charges.
I mean, Letitia James, the entire allegation there is $18,000, right, that she's.
she somehow benefited for $18,000, even if she checked the wrong box.
Over 30 years.
Yeah, over 30 years, exactly.
This is $50,000 of, you know, I think the American people should demand to know,
where's our money?
Well, the good news is Democracy Forward, who's with us over on LegalAF YouTube and Sky Parraven,
have filed their lawsuit.
They started as a FOIA, you know, was kind of, you want to do this the easy way or the hard way.
Here's a freedom.
The freedom of information actually.
Yeah.
Didn't get the video, didn't get the audio.
So they filed a lawsuit.
It's going to be up to a federal judge.
So all this Nambi, Pambi backpedaling that we're watching humna, humna, humna, on television and in Senate hearings, you know, that doesn't work, as you and I both know well, in the wood paneling and leather-chared environment of a courthouse and a courtroom.
But also, you know, look, if Pam Bondi is correct and he didn't commit a crime, then they should say that.
Say why he didn't commit a crime.
why was this okay? Why show us the video? Tell us it 54. Yeah, exactly. Like, explain yourself,
but by, but by deflecting and not answering the questions, it's almost in some ways making us assume
the worst, right? So back to adverse inference. Right, exactly. Like, maybe he didn't, you know,
so tell us. And then you go about defending the border and everything else that she wants us to do.
Because he took the money. It's in his bank account. He has some bullshit story that Blanche and A.
Mel Bovy, before he got on the third, and cash podcaster Patel, okay, because the boss told him
Clearholman, so they went in with, okay, Tom, what happened? Well, I took the $50,000. It's supposed to be
for, I don't know what, and I never made any promises, and I took myself out of the running of
handling federal contracts. We all know that's bullshit. He may not have been in the direct line
of sight to make decisions about federal contracts. Neither is Steve Whitkoff. That doesn't mean they
can't influence, poke their head in the room and say, hey, who's getting the next ice detention
center construction project? What about ABC contractors? Okay, off to coffee now. That's what happened.
That's what was going to happen. But you and I shouldn't have to guess. Neither should the American people.
Special counsel should be. And she has the more, she's so blinded by her own ambition. It's blind
ambition all over again, the title, I think, John Dean's book about having followed Nixon
effectively into jail as his White House counsel, you're watching blind ambition with her.
She's so focused biopically with blinders on and blinded by her allegiance to Donald Trump
that she doesn't even, she can't even hear herself.
And everything that she said that she thought was in a way to defend Donald Trump and
Tom Homan is actually the very reasons.
should be stepping back and appointing a special prosecutor, right? So that's where we are.
What I want to talk about is this implosion of the Department of Justice leadership and how
Donald Trump is making people take sides. I think he does it for sport. But what he's doing is he's
collapsing his own Department of Justice and destroying it. Of course, we already know its credibility
is destroyed in the courtrooms around America. There's an Alex Jones component to it. I want to talk
about when we come back from a break. Then Jack Smith is back, and this is the time that
it's a courageous time for him to speak. He's not getting enough credit for it. Many, many people
would put their heads down and stay out of the line of fire led by people like Stephen Miller
and Donald Trump post-Charlie Kirk. But not Jack Smith. I mean, it's consistent with what we knew
about him in terms of his values. So he gave an interview. And so we'll talk about that. And then
the Supreme Court had oral argument about Voting Rights Act Section 2, Voting Rights Act Section 1,
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Karen, Donald Trump has made good on his threat to be the chief legal officer of America,
nothing like having a criminal be your chief legal officer.
And if Pam Bondi thought she was going to be some sort of attorney general or Todd Blanche
was going to be the number two, they've been in for a rude awakening.
And what we're watching now is apparently we've got a shadow attorney general named
Ed Martin of all things, who's been leading on all of these political.
political partisan hack prosecutions of Donald Trump's enemies list, and he's got an acolyte
in tow named Lindsey Halligan. And the New York Times, for instance, did a whole great report
about a battle that's broken out between Todd Blanche, who increasingly can't control Ed Martin,
who was a Jan 6 criminal defense lawyer, former federal prosecutor, an election denier, a Jan 6 denier,
and all the rest. Couldn't get confirmed by the Senate to be a U.S. attorney, but is doing a lot of mischief
in his role as pardoned attorney and head of the weaponization of the Department of Justice Committee.
I think that name says at all. Why don't you talk about the Department of Justice? You had a lot of
interaction with Department of Justice when you were the number two in the Manhattan District Attorney's
Office. Talk about what you're seeing and what impact is on the Department of Justice.
the rule of law and justice in America as a result?
Look, the Department of Justice has always been known to be above the fray.
It has always been independent of the White House.
It has always been the most respected law enforcement entity, I would argue, probably in the world.
The top people from the top law firms covet these jobs at the DOJ, from the top law schools and law firms.
And it's a very, very respected entity.
There are tons of Department of Justice policies and procedures.
There's a whole manual to make sure that the entire country,
because it's obviously a big country with people in all the judicial districts around the country,
are handling cases in ways that are uniform, that are above the fray,
like I said, that you handle cases without fear or fear.
favor and that you don't bring cases because of someone's political party. You don't target people
who are your enemies. You try to enforce the law in a neutral way. And it's just something that's
been respected and in tradition that's been respected, certainly for my entire lifetime. And when I
was a prosecutor at the state level, anytime we had to work with the Department of Justice,
granted, we had a few times that we would bump into each other
because we were investigating a case, they were investigating a case,
we wanted the case, they wanted the case.
But it was always, there was never any issue like what we're seeing now.
And it's really, it's hard to watch.
It's hard to watch all of the civil servants who, I think more than
5,000 employees of the Department of Justice have been fired
since Donald Trump took office,
thousands of civil servants,
including career prosecutors
who have institutional knowledge,
who know what they're doing,
and who uphold the law.
And it's just hard to watch.
It's hard to watch it happen across the board.
And on top of that,
that they're bringing cases
that they would have never brought
under any administration,
cases like the Letitia James case,
the Jim Comey case,
cases that career prosecutors
told the,
U.S. attorneys who were sitting, Eric Siebert, who was the Eastern District of Virginia,
Trump appointed U.S. United States attorney awaiting confirmation. He was told by his career
prosecutors, there's no case here. And he himself reviewed the cases and said there's no case here.
And to watch somebody like Ed Martin, who's not the attorney general, but who is this individual
who has been given tremendous authority by Donald Trump
to call the shots, it appears,
to have him be able to install someone like Lindsay Halligan
who may not be a valid appointment of the United States attorney
because of the way it was done,
to be able to bring a case the day before the statute of limitations ran
in a case, again, that I don't think would pass muster
and will pass muster ultimately, it's just it's hard to watch as a career prosecutor as someone
who has that kind of respect for the rule of law and for the Department of Justice generally
and to watch it all shake out. And the news reporting is that the Department of Justice is not
necessarily in control of some of these cases, that it appears that Ed Martin is having an outsized
role with Donald Trump in directing some of these prosecutions. So, you know, I don't know how the
Department recovers from this because, again, you don't walk in on day one and suddenly you know
how to try a case or you know how to prosecute a case or you know you don't have the judgment
how to do it. It takes years of training and learning from people who are more senior than you
and FBI agents who've been doing it for decades to learn how to do these cases. You try smaller
cases when you get in to learn how to try a case, right? And to have all that institutional
knowledge and all that training, frankly, and that judgment, walk out the door, be fired
for things. I mean, Marine Comey was, by all accounts, one of the most respected prosecutors at the
Southern District of New York. And she was fired by all accounts because of who her father is.
I mean, certainly you can't, you wouldn't fire her based on her ability. She's very well
respected. She's an excellent lawyer. I know that from personal knowledge as well as her reputation.
And to lose her and people like her is just such a shame. And it's certainly not making us any
safer. I can tell you that. And to think that by firing these people and by having them not
protect our country and by bringing national security cases, corruption cases, white collar cases,
civil rights cases, it's not making us any safer.
It is actually having quite the opposite effect.
And so this Department of Justice to me is unrecognizable
in terms of what I've known it to be and what it looks like now.
Certainly unrecognizable to James Comey, former FBI director.
His lawyer, Pat Fitzgerald, also a U.S. attorney from Illinois,
Northern District in Chicago, they've signaled or filed a notice
to judge Namakov, who's the judge in the Eastern District of Virginia,
that not only are they going to be filing a motion to have Lindsay Halligan
declared to be illegally appointed,
but they are already getting the judge advance notice before the 20th.
It's due in five days of the motion to give him time,
because if they're right under their theory, and I think they are,
then the only group of people that can appoint a U.S. attorney acting U.S.
attorney in the Eastern District of Virginia are the judges of the Eastern District of Virginia,
all of them.
So they're telling Judge Nabkoff, you can do everything in the case.
But this motion, you're all going to be disqualified because, you know, you need to vote on
the future replacement.
So we're going to take you out of that problem.
We think you should assign this or have it assigned to another court outside the Eastern
District of Virginia.
And the procedure for that is relatively straightforward.
Eastern District of Virginia sits in the Fourth Circuit Court of Appeals.
The trial judge sends it to the chief judge of the Fourth Circuit, who I believe is Judge Diaz.
Judge Diaz assigns it to a judge that's not in the Eastern District of Virginia.
Could be another district in Virginia.
I think they have a Northern District of Virginia.
It could be there.
It could be North Carolina.
You just can't be in the Eastern District.
And they're giving the trial judge time to send that motion off.
The other motion they're filing, which is obvious, and they've declared it in court
during the arraignment, which is the motion to have the indictment dismissed for prosecutorial
abuse, selective prosecution or vindictive prosecution.
That'll stay with the trial judge.
There's no conflict there, the way there is with the other motion.
But they're coming out swinging.
I think they've got an amazing trial team here.
And James, people forget, James Comey isn't just the six-foot-eight strapping former FBI agent.
He was the U.S. attorney for Manhattan before he became FBI director.
And his lawyer, Pat Fitzgerald, was the United States Attorney for Chicago.
Right.
So this is, and they're against Lindsay, I've been a federal prosecutor for two weeks.
How am I doing Halligan?
Now, it's obvious to me now that the reporting has come out that Ed,
Martin is guiding Halligan and gave her a script that apparently she didn't deviate from to obtain two
indictments. I mean, that's pretty heavy stuff. I mean, she's got zero experience. She walked in,
it's like being shown, okay, Lindsay, you're going to fly this 777 jet today. Just follow this cookbook.
You'll be fine. Put it on autopilot after you do the takeoff. That was what, now I know it's Ed Martin, because I
thought it was Blanche. Originally, I thought, well, Blanche and Bondi must be given her the script
on how to do it, even though they're not going down to sit with her. That's odd. They gave her
Meg Cleary, which was Pam Bondi's original choice to be the Eastern District of Virginia.
At least she was young, but at least she had a prosecutor experience. And that's where
Donald Trump sent that now infamous DM, not DM. Pam!
We're running out of time, indict all my enemies.
And Lindsay Allegan really likes you.
I felt like I was in the fourth grade.
Lindsay Allegan likes you.
She thinks you're pretty.
You should make her, I'm barely, I'm barely parodying this.
She should be the one.
And then she said, no, I'll do Meg Cleary.
And now McLeary just got fired.
And I think that's all Ed Martin.
So it wasn't, because now we know from reporting, it's leaked out that Bondi and Blanche
were against the firing of Eric Seabert and was against the
indictment against Letitia James and Comey.
And so who is the new Shadow Attorney General?
His name, ladies and gentlemen, is Eagle Ed Martin.
And when he's not busy doing whatever he's doing, he's putting on a trench coat in August or July and marching around, Brooklyn, checking out Letitia James' brownstone.
I mean, just ridiculous, ridiculous things.
But this is where we are.
You know, I have a question for you.
So there are these procedural or technical questions that are going to be asked, right?
There's the whether or not Lindsay Halligan was validly appointed.
You know, there's a hundred, the statute says 120 days.
And once it expires, the district court has, you know, can appoint the U.S. attorney.
There's this other law, though, that that looks like they're going to, the vacancy reform act.
But that doesn't apply either because you have to have worked there for 90 days at the DOJ,
And been the number two.
And yeah, exactly.
So, so it seems he, so he could be, so if Lindsay Halligan is not validly appointed,
that any case she brings is, has to be dismissed.
She's the only one that signed the indictment.
There wasn't even another person.
Exactly.
So, you know, the problem with winning in that regard, because that seems pretty clear,
is that's a, that's still a technical violation and they're going to,
Trump's going to say, Comey's corrupt, you know, that's just a technicality.
Same thing with the vindictive prosecution.
You know, it's a risk to go to trial in January, but in some ways, that's the only way he's
going to be able to really exonerate himself to have a jury say, this is BS, because he's not
guilty.
But, you know, so that's the only, I get your point.
I still wanted to win the motion to dismiss the indictment.
Which I think they're going to win.
I think they're going to win on one of these technicalities because it's not a technicality.
I mean, this is so far beyond the pale of what's lawful.
and legal. But in some ways, I still want him to win substantively, too, just to kind of show that
Trump is... For me, it's like, I often devolve into sports analogies or metaphors. It's like the,
it's like the way-in press conference for a boxing match and the two guys are about to go into the
ring like the next day, like, you know, Canello and whoever, you know, they're there and then
they start posing for photos, but then something happens and somebody in one honor or something.
or somebody in the other honorage, suddenly they're about to throw down right there.
Now, part of me is like, yeah, kick his ass right there at the press conference.
But the other part of me is like, no, let's wait for the actual event, right, and have them
do the fight in the ring.
So for me, I'm not sure.
I mean, you're right.
Maybe I want them to win on the technicality, or maybe I want them to get into the ring
and kick their ass at trial.
Yeah.
I kind of want all of it because it's all so bad that you want to point out each one.
one of them. Like, I don't want to, you know what I mean? Like, I hope, I hope that they rule
on, on at least both the ballot appointment and the vindictive prosecution. Well, comment on this
before we go to our next break. I know you did the state side, but there's infirmities with the
indictment and the way the grand jury, is it a true bill? Isn't it a true bill? Which counts
her? Why are there two indictments? Don't they have an argument? She's got, there's been a rumor
that she's going to try to supersede that indictment. Yeah. I mean, she had, I mean,
I think they will, because the indictment is just not, it doesn't, it also doesn't give you any
indication, yeah, because you know it, for me, it gives, it doesn't, the, the defendant has no
notice as to what he's being charged with.
Yeah.
And so I think it's infirm in that regard to, aside from the just typos, right, at one point,
or no, maybe I'm thinking of Letitia, James.
Oh, no, there, well, no, there was a, they're, they're, close, there were two count twos.
Oh, yeah, she filed two indictments.
Two indictments and two count twos.
Yeah.
that she signed both. That was a problem. In the press release, she spelled the word principle
wrong. She said a bedrock principle of democracy. She had the wrong principle. And then you're
also thinking, I'm sure, Letitia James living in one of my favorite places on Earth, Brooklyn, New Jersey.
Exactly. Brooklyn's in New York. Those people who are watching us from Australia, Brooklyn is in New York.
No, they know. Even they know, too. I know. So when we're going to talk.
about what happened at the United States Supreme Court, Jack Smith, coming back. And I think the
timing of it is, it was on purpose. I don't think, the more I think about it, I don't think, this was a
critical moment, just why we're hearing more from the Obamas of the world and the, and the Jack
Smiths of the world. This is the time, you know, we're flashing the bat signal. This is the time for these
kind of heroes to come back and talk to us and give us hope. And so we have that in the Supreme
Court then again takes away, it crushes our hope.
in a oral argument today
that I don't think it's going to go well
for the 22
Democratic seats
in a sea of red out there.
We might lose 20 seats
and more importantly,
black representation may be a thing of the past
here in America,
and that's a sad commentary.
We're going to cover all that,
but got to pay the bills.
Is that what they used to say
in the old time he times on television?
Got to pay the bills now.
Most of what we're talking about
doesn't pay the bills.
It just keeps us on the air.
It's part of our, a part of our relationship with Midas Touch and all that good stuff.
We've got the legal AF ecosystem.
You're here.
Listen to us on the podcast platforms like Google and, sorry, Spotify and Apple.
Google used to have a thing.
Leave five-star reviews.
Come over here, watch us.
Send the clips to your friends and families, go back and forth.
That all helps.
Keeps us high up in the ratings.
I think we're like the number one law and politics.
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actually, Salty, tell me if I'm wrong, I think we're two days away from really having turned
on the lights for Legal AF YouTube. And we're already at about 850,000 subscribers, well on our way
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And then we've got the substack.
Yes, we do.
We need it now more than ever.
That's a place where I can jump on with others to lives,
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We've got some written product up there, some commentary,
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It's really a fascinating audience to be a part of.
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We're in the home stretch, Karen.
Jack Smith speaks, and the Supreme Court, unfortunately, does too.
So why do we release the MAGA-6?
Let's kick it off.
Don't you take the prosecutor lead and talk about what just happened,
what just went down, and what Jack Smith said.
We've got some clips, too, that we can play for our audience.
Okay.
Yeah, so, look, Jack Smith, the special prosecutor, has been silent.
He was essentially silent throughout the entire prosecutions.
of Donald Trump, right, he did exactly what you're supposed to do as a prosecutor,
is not make public comments or statements, not try to influence the case.
And he did that because that's how he was trained and that's how he is.
But he's been noticeably absent from the public discourse in the last,
since he, I guess it's been 10 months now since the cases have been dismissed.
And, but he came out and he was in London.
He was interviewed by former prosecutor Andrew Weissman.
And it was a long interview.
It was a long substantive interview.
It was, I think, more than almost two hours.
And there was a lot of questions that were asked.
And Jack was exactly who I know Jack Smith to be.
I worked with Jack Smith in his early days at the Manhattan DA's office,
which he talked about during his interview, which I loved,
about how he and I started around the same time a couple of years apart.
We were in the same small groups, small unit.
We were trained by the same supervisor.
and we learned how to be prosecutors the same way.
And he said that was the foundation of his prosecutorial experience.
He went on to be a very highly respected federal prosecutor.
He also worked at Maine Justice.
He also became an international prosecutor.
So he has experience that runs the gamutist on public corruption cases,
violent crime cases.
I mean, you name it.
He has all of the experience and all of the incredible judgment.
And I think it's worth watching.
It was really interesting what his perspective is
and what he said about prosecution.
I think we're going to play a clip here that I think he'll say it better than I could.
Salty, do you want to play the clip of Jack Smith that we have?
The idea that politics would play a role in big cases like this,
it's absolutely ludicrous and it's totally contrary to my experience as a prosecutor.
If there's rules in the department about how to bring a case, follow those rules.
You can't say, I want this outcome.
Let me throw the rules out.
out. That's why frankly you see all these conflicts between the career apolitical prosecutors
I worked with because they're being asked to do things that they think are wrong and because
they're not political people, they're not going to do them. And I think that explains why
you've seen the resignations, you've seen people leave the department. It's not because
they're enemies of one administration or the next. They worked through decades for different
administrations. It's just they've been doing things apolitically forever and when they're
told, no, you got to get this outcome no matter what. That is so contrary to how we're all
raised as prosecutors. Yeah, so it's so true. And I think back to my years as a prosecutor,
I had no idea what political party, anyone I worked with was part of. It never factored into
any decision you make as a prosecutor. You follow the facts wherever they lead without fear or favor.
It doesn't matter whether the person is friends with the DA or donated to his campaign. You know,
those lines are kept separately.
We never knew if somebody donated money to a particular person or not.
I mean, those things were so kept separate from line prosecutors,
and that's who Jack Smith is.
And I thought it was interesting, the timing of this coming out,
and I'd love to hear your thoughts on this.
Why is he coming out now?
Why is he speaking now?
And because he's also not someone,
Jack Smith is not someone who's ever coveted the spotlight,
never seen him to be that way.
He's a very humble guy, and he's not someone who, I think, goes out and promotes himself in any way.
And so for him to come out and speak and to speak about what he talked about, about the rule of law, about the importance of it, about justice being blind, about justice being, about process being important as opposed to outcome and that this administration cares more about, seems to care more about outcome than they do about the process.
And the process should apply to no matter who you are if you are being looked at it with the full force in might of the Department of Justice.
And, you know, I'd love to hear your thoughts on why you think he's speaking out now.
I wondered, I have no idea, and I'd be totally guessing as to why.
But I will say that while I was watching it, what I was thinking to myself and what I was wondering was, does he think he's going to be targeted next?
Does he think he is, or does he know, has he been issued a subpoena or has he been, I know that he, that, that they want him to come speak to Congress behind closed doors, but does he think he's going, is this an indication to him that he's getting ready that he is going to be targeted next? And so he's speaking out in his voice now because otherwise there are rules about trying to influence a criminal case. And so, and speaking publicly during a criminal case.
criminal case and you could have gag orders, et cetera, if he talks too much. So I wonder if he's speaking now as sort of a get his story out now. I don't know. What are your thoughts on that?
I think it's an interesting observation. I think there's a couple of things. First, let's just say something out loud. That's the first time I've ever heard Jack Smith speak in like two and a half years. He took to the podium like twice about his cases, right, when he issued his reports. And the fact that I even can hear.
here, Jack Smith again, is comforting.
I think the timing of it is interesting.
I think, one, he understands that we're at a pivotal moment,
sort of a hinge moment in our American experiment.
It's gotten more critical for opponents of this administration,
especially ones that were high up in the Department of Justice to speak out.
Many of them are unwilling to do it.
There is an organization of former department,
of Justice alum that have come out swinging and issued, you know, like three letters already.
But, you know, you don't see them on mainstream media talking a lot.
You don't see them even here on LegalAF, although I've invited them.
They're a cautious bunch, as most prosecutors are.
They're in a political bunch, as Jack Smith just laid out.
So I think he sees there's a vacuum, there's a void that needs to be filled.
and his voice joining in the chorus along with people like Barack Obama and elected official governors
and state the state attorneys general.
I mean, he has a unique vantage point, having been the prosecutor and investigator for Donald Trump
and helping to shape the narrative in his own voice.
That's one.
Two, I mean, they've threatened him with the Hatch Act violation.
I haven't seen reporting, nor has it leaked out, that he's being seriously considered as a target.
as a prosecutor, I think that would be almost a debt-on-arrival indictment if they could even
obtain that kind of indictment. Certainly, no career prosecutor would ever violate the
Department of Justice Manual or the principles of federal prosecution to prosecute Jack Smith
and violate all of their ethical obligations to do that. But we've seen Donald Trump. He'll find
somebody, you know, a first-year lawyer, an eighth-year lawyer, a lawyer with no scruples. He'll
find a lawyer.
An insurance lawyer, you know, was doing fender bender before this.
And could he be speaking out because there's a fear?
Yeah, and the problem that you would note it is he'll abide by the law and the rules
and he'll be silent while the White House pummels him.
Dirty cop, dirty prosecutor, wife was a this supporter, you know, all the things to tear
him from limb to limb, although they did all of that already during the criminal prosecution.
Something stops, I don't know what it is. Something stops Donald Trump from even going after
Jack Smith and murdering him. Something stops Donald Trump at the present moment from going after
Alvin Bragg. Yeah. Interesting. You know, I don't know what it is, but something, there's some
force field that's apparently still in place. Has he been tipped off and he wanted to get his word out
first? Maybe. I just think it's a timing issue. I think he is stepping forward when others are
stepping back. And we need him to speak. I wonder if it's just because Congress, he knows he's going
to be subpoenaed to go before Congress and they're going to do it closed doors. And so he's trying
to get his voice out publicly just so that people can hear what he has to say. I think it's all
going into it. But you're right to point out that there was a decision that's been made.
You know, he didn't just, you know, he said, now is the time.
And somebody asked him to speak or he got placed on that, on that podcast,
or seeing an interview, whatever it is.
And, but he decided, with his kitchen cabinet of advisors and family,
I'm going to speak against a, and it's politically and personally courageous thing to do in this time,
don't you think?
Yeah, totally.
But I loved about it, too, though, is he didn't go after anybody in this dramatic, corrupt,
you know, it wasn't like calling names and using.
big adjectives. He was just really methodically explaining exactly what it's supposed to be in
why. And I think, you know, he's he's exactly who you want to be a prosecutor and a public
servant. I mean, yeah, I think you can contrast. I mean, we used to see Fawney Willis and even
Letitia James. When they speak, I mean, they're pretty direct about the attacks on them and who
they blame. And Fonnie did it, you know, from church and a pulpit. And then we see a lot of videos
with Letitia James, who, of course, we support. But that's not Jack Smith. And, right, the person that
we knew that you knew that you worked with for those that are kind of joining late into the legal
AF game, you know, you work with him as a young prosecutor. And, and who you see now in his 50s,
no different than what you saw in his 20s, right? Yeah, he's exactly. He's exactly the same.
He's just a good guy.
Yeah, he's a really good guy, and he's just doesn't get better than Jack Smith.
I'm sure people say that about you and about me.
Like, if people say, like, if they knew you and you were fresh out of, fresh new into the prosecutor's office, they know you now.
It's the same, it's the same person, same values, right?
And me too, you know.
Hopefully I learned a few skills, and I'm a little bit better than I was when I first started.
Well, no, skill-wise, you're better.
I'm kidding.
Who you are as a person, right?
Oh, totally. Yeah, exactly. Same. So let's turn to the final segment here on LegalAF YouTube podcast. I don't know where I am sometimes. LegalAF podcast. It'll go up on the YouTube eventually. And talk about the, I mean, I said before, and I have a video up on YouTube for LegalAF, I say, listen, I don't deal in hyperbolic imagery. But this case is an existential.
threat to the Democratic Party, to black and brown representation in Congress for a
generation, and it doesn't look good. I said that before the oral argument, even though Roberts
and Kavanaugh, in a prior case in 2022, 2023 involving Alabama sided, we were like shocked
at the time, sided with the moderates and the liberals to make a five, four block to approve a
voting map that used race to create a new district. I wasn't confident that they were going
to join with the moderate wing again when it related to Louisiana. What was up for grabs of
Louisiana was a map that was drawn by the legislature of Louisiana, Maga Mike Johnson's home
state, in which they went back to the drawing board, literally, redrew a map after their first time
around they only came up with one district out of seven that's like 14% or something where that would
be a black minority majority district in a state where one third of the state is black and it's like
no i know you you keep saying it's politics but the law says even if you're saying it's partisan
not race look at the results now the problem is that in there used to be
you know,
blue dog Democrats
and Democrats that could get elected
in red states, that's like over.
We are so polarized
that I'm even amazed there are 22
Democratic seats
in the sea of red.
And most of them
are black and brown.
In states where it matches or comes
close to, their
their
their racial composition
in the state. And then the second map came out. First, Louisiana said, all right, we're okay
with this map. We defend this map. And then the Supreme Court made a ruling about affirmative
action at Harvard, and it reverberated throughout. It's the reasons the Stephen Miller's of the
world and others went after every DEI program, every woke program is because of the Harvard
the Harvard ruling, which was, the way to stop race discrimination is to stop discriminating
based on race.
Thanks for that tautology, Magus Cotus, that's it.
That's what you're giving me.
And so from there, they were like, well, any time even an ounce of race comes into the decision
that it's invalid under the Constitution, except when it came to the Voting Rights Act.
The Voting Rights Act passed in the 1960s as part of the Great Society, sponsored, if you
will by Martin Luther King, Jr., signed by Lyndon Johnson, it was a way to put into practice
and action the 14th and 15th Amendments about there should be no law abridging the right to vote.
And ever since Roberts became the Chief Justice, over the last 20, 30 years, he's been trying
to get rid of the Voting Rights Act. Now, he found a way to side with the Alabama map, but
I didn't think that was going to happen again. And then Kavanaugh, who sided with Alabama a couple
years ago, even then, he said, shouldn't there be a time limit on the Voting Rights Act?
Shouldn't it sundown after a certain period? Where does it say that in the statute? Congress spoke.
There was a major question. They answered it and they answered it as there's no, there's no
expiration date on it on civil rights.
on black voting rights, but they keep talking about it,
like there's a timer, like, you know,
you went to the refrigerator and your yogurt expired.
I'm like, what are you even talking about?
But that became a driver for the conversation today,
as did, can race be used at all?
It can race be used, but if partisan decision-making
can partisan decision-making always overcome race,
what was your takeaway from the,
two-hour, was scheduled for an hour, two-hour oral argument today about the Voting Rights Act
Section 2 and lawsuits like it.
So, first of all, I think the lawyer who represented Louisiana was excellent. I thought she
was great and just was so sharp and made all the right arguments. I found the oral argument
very frustrating. It was the biggest gaslighting oral argument. Like watching and listening to the
Supreme Court justices who are, who lean far right, ask questions.
It's like they, they totally gaslit her and threw softballs to the gentleman who was representing
Louisiana. And like, isn't there a case called such and such? Tell us about that case.
And he's like, oh yeah, well, in that case, you said this is not, you can do this and you can't do that.
Right. And what made that happen in that case? Well, there was this map that was wrong.
Like, just throwing them softball after softball to make the points that they clearly want to make.
And it was just really, it was depressing, honestly, because they basically, look, Louisiana is apparently 57, 58% white.
Yet, and in the census, that's what came out, right?
When the census came out and they said, oh, but we only have one black.
district in all of Louisiana. And so 85% of the districts are white, essentially, but only 57% of the
people are. And so they redrew the map to give a voice to the black voters. And look, one of the
things that that came out of the oral argument is, is black and white voters both aren't monolithic
voters, right? That's not like you only vote Republican if you're white and you only vote
Democrat if you're black. But what the studies have shown is typically is if you're white,
you will most likely vote for a white candidate, Republican or Democrat, and same with black.
And that was some of the things that came out of this argument. And what they basically were saying,
what Louisiana, sorry, what the, what the appellee was saying, was essentially, the voting rights
Act was supposed to be a remedial statute. It's supposed to be to remedy. It's not like it says
if everything is going swimmingly in your state and you have representation for
minority communities, the Voting Rights Act doesn't come into play. It only comes into play when you
have things like a census and it shows that there is not representation. Then there's this remedial
measure that you can come in and redraw and take race into consideration. It's not the only
factor, but you take it into consideration. And what was, what was really depressing to me is,
is this, the fact that the law allows you to make a partisan districting map. So you could,
they could do anything they want to make it more Republican or more Democrat depending. You're
not allowed to take race into consideration. And, and, you know, when you look back to the history
of the Voting Rights Act and why this was passed in the 60s and you see where we are today and that
they are purposely, they're not even, they're just adding one more district, right?
They're not like, this is just literally one more district and that they're going to say
you're not allowed to even take it into consideration ever, that race can never play a factor.
I think it just really sets us back a long time and it was really depressing.
And the questioning, like I said, was very gaslighty.
I just thought, you know, it was just ridiculous.
And Katanji Brown Jackson was very frustrated with how the conversation went, which was
all about trying to give cover to the MAGA 6 to sleep at night well we're not taking away
right race it's just it just it just needs to be overcome bipartisan so it's it's not that there's
seven out of seven districts and that'll result in Louisiana all being white is that okay
i mean let's just take it back is that okay well what if i would have been an advocate there i
would have said to whoever was asked me the question if you take away the voting rights act
and you find that it's either unconstitutional section two,
or you find that race can never play a part in drawing the map.
Are you okay as a United States Supreme Court?
And can you live with yourself if the result is there are zero, zero districts in Louisiana,
despite one-third of the state being black, being black minority-majority district?
Are you okay with that?
If you're okay with that, because that's where you're going with this line of question,
No, see, that's one of my problems with the, the stuffy error and protocol of Supreme Court advocacy is that, is that while I agree with you, she did a beautiful job, as did the NAACP council who also argued, but they never, like you and I are more like fugilistic trial lawyers. I would stop a trial judge in their tracks on something like that. I see you're going down a certain road, Your Honor. Are you okay then?
with there being zero representation for black and brown people in the red southern
pardon me southern states and if you are then i guess you'll rule that way but i'm not and i think that
violates the 15th amendment and the voting rights act but you never see an advocate do that
why is that well there's a certain decorum i guess in the supreme court and there's a certain
i remember i went to go watch the super watch a friend argue in the supreme court
And the friend, and then they said,
oh, do you want to become a member of the bar of the Supreme Court?
It's like an honorary thing, obviously.
I don't have the experience, the appellate experience.
That's a very particular type of experience
to argue in the Supreme Court.
I said, sure, I'd love to do that.
And they said to me, OK, well, you have to wear a skirt suit.
I was like, what do you mean?
I have to wear a skirt suit.
Because they know I only wear pants suits, you know.
And for no reason, I didn't even realize it.
I just was more, I'm more comfortable in court wearing pantsuits.
I always have been.
It's just a personal preference.
I don't know why I have it.
It just is.
And I was like, you know, I'm not trying to make a statement or anything.
It's just a personal preference.
And I said, I don't even own a skirt suit.
So I'm going to wear a pantsuit because that's what I wear every day when I go to court.
I just like, you can't.
You have to wear a skirt.
And then suddenly now I'm offended.
I'm like, excuse me, I have to wear a skirt suit.
Anyway, I found one, I borrowed one, but I was really, I was irked by this.
But I say this because there's this whole, there are all these like old-timey traditions
when you go to the Supreme Court, you know, hear ye, hear ye, and whatever.
They say that.
Oye, Oye, Oye, whatever it is.
Yeah, they like all these weird stuff that just.
They were wearing powdered wigs like.
I know.
Like not too long ago.
Not too long ago.
Anyway, so I guess there are ways you're supposed to argue in front of the Supreme Court that
Well, that's the ramifications.
And the answer to my question is that the MAGA 6 and Clarence Thomas are willing to have 22 seats primarily held by black and brown people eliminated from the map.
And now the Democrats are going to have to fight hard to if this ruling comes out.
The other question is, I'll leave it on this.
The other question is timing.
We'll know if they're really trying to help Donald Trump more than usual.
based on when they release this decision.
A major decision like this generally comes out in June or July
so they can get out of town and go on vacation
when they drop like a bomb on us.
The only reason the Dobbs decision came out earlier
is because it leaked.
And then in March of that year, we were like, oh, crap,
so we had several months and then it finally came out a few months later.
But if they released it in June or July,
it's really too close to the November midterm election.
It's only like three months.
months, and that's borderline on terms of what they call the Purcell Doctrine, where they
wouldn't make the map change for this coming election.
They would do it for 2028.
But if they issue it early, that's the big telltale sign.
When you said, gas lighting, we see this thing come flying out in like March, right?
And you and I report on it.
That means they wanted to help Donald Trump at the midterms.
Because March is plenty of time before November, for the new maps, for every year.
everything to be redistrict, because that's what they're going to try to do. Donald Trump has
been pushing the states to use the census and use whatever comes out of the Supreme Court to redo
all the maps to eliminate Democratic seats. That was the fight that broke out between Texas and
California, over five seats down in Texas, five seats up in California, depending upon a
referendum in November. But I don't know how we, I don't know how we as a party find 20 new seats.
Well, maybe what happens is Sotomayor, Kagan, and Katanji Brown Jackson,
maybe what they do is they take a really long time to write their dissents.
And so it's not going to get out in March, that it's going to...
Closer to, yeah.
At least that's a short-term solution, which I appreciate.
So I'm going to talk, I think, just a little bit of a promo here.
I'm going to have Rob Bonta, the Attorney General, one of the leaders of the battalion,
the brigade, to protect our democracy in the courtroom since the Department of Justice is.
abdicated all its responsibility to help people from his perch of being the California Attorney General.
I'm going to have him live in person for an interview up on a stage at an event I'm going to be
at in San Diego on Saturday.
It'll be live streamed on the legal AF YouTube channel.
Yet another reason to come over and subscribe and set the reminder for that.
And I'll talk to him about the maps because he's got a referendum that's up on his, his, goes to the voters in California.
about whether they want to change the maps and i will talk to them a little bit more about that
campaign but these are important issues i didn't mean to leave it for like the last segment as it
doesn't indicate anything if you had if you had to rank though the number one thing that
you and i were going to talk about today it would be this particular case and its impact on our
american experiment saving the best for last saving the best for last and speaking of saving the
best for last what he got what he got for our audience say how to my dad who called me
right before to say he's so excited to watch tonight, and so I just want to say hi, Dad.
Yeah, that's great.
You and I are so close to our families, and we appreciate it.
And we got our Legal AF and Midas Touch family.
Take a minute, hit the subscribe button here on Midas Touch.
Come over to Legal AF YouTube channel, do the exact same thing.
Come over to Legal AF substack, hit the subscribe button there, see if you can swing a paid
subscription, really help us keep the lights on and pay our editors and do all that to help
us do the content that we do and of course continue your fervent support as only you can of our
podcast legal a f the podcast wednesdays and saturdays at 8 p.m. Eastern time up on all audio podcast
platforms of your choice we still need help there and audio downloads and listens and here of course
on the Midas Touch network so until Saturday I'll be in the same state as as Ben I don't think
we'll be in the same room maybe uh and I'm going to
to be getting uh for those that are want to get autograph signed i'm kidding uh salty's going to
come to san diego allen my assistant's coming to san diego who's friends with salty and we're
kind of working together on that event that we just talked about so i get to have a nice dinner
and a drink with those two enjoy san diego's lovely great weather yeah yeah can't wait so uh
shout out to the might as mighty and the legal a efforts
Thank you.
