Legal AF by MeidasTouch - Legal AF Full Episode 2/22/2025

Episode Date: February 23, 2025

Ben Meiselas and Michael Popok are back on the top rated Legal AF podcast and discuss the importance of Federal Judges to stop Trump's abuse of power in his tracks; Judge Ho opening up a court investi...gation of the Trump DOJ's possible corruption; the Supreme Court dealing Trump a set back in the first case to reach them on whether Trump can fire independent watchdogs; a federal judge coming close to finding the Trump Admin. in contempt; and more at the intersection of law and politics. Support Our Sponsors: Mack Weldon: Go to http://mackweldon.com/?utm_source=streaming&utm_medium=podcast&utm_campaign=podcastlaunch&utm_content=LEGALAFutm_term=LEGALAF and get 20% off your first order with promo code LEGALAF VIIA: Try VIIA Hemp! https://viia.co/legalaf and use code LEGALAF! Prolon: Head to https://ProlonLife.com/LEGALAF to get 15% off their 5-day nutrition program. Zbiotics: Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. Trust and Will: Get 10% off plus free shipping of your estate plan documents by visiting https://trustandwill.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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Starting point is 00:02:27 Federal courts, attorney generals. We, the people are standing up to Donald Trump. A lot of momentum this week. Let me tell you what went down. Donald Trump and his department of justice made that corrupt bargain with corrupt New York city mayor Eric Adams to try to have his case dismissed. A federal judge by the name of federal judge, Oh said, no, I am not going to dismiss this right away. We need to explore the circumstances surrounding this dismissal.
Starting point is 00:02:54 And he appointed an independent amicus curi. We'll talk about who that was to submit a report to the court. Lots of rhyming in that intro also a temporary restraining order tsunamis We'll talk about what's going on there with all the TROs and a federal judge named judge Ali again Keeping that rhyme theme right there Is saying you are awfully close to being held in contempt Trump administration for violating The temporary restraining order saying that you can't stop funding USAID. We'll talk about some of the other TROs as well,
Starting point is 00:03:31 including one that found its way to the United States Supreme Court. Yep. We got the Supreme Court's first major ruling during this Trump administration. We'll tell you what went down. Also, as I said before, the media starting to stand up. You had Ann Selzer, the Iowa pollster. She struck back after Donald Trump filed some frivolous, bogus lawsuit against her saying that her polling caused him damages, even though he ended up winning the election and that
Starting point is 00:04:00 she had every right to submit her poll. She issued a very powerful motion trying to get Donald Trump's case dismissed. We'll talk about that. Also, the Associated Press, as urged by Mr. Acosta, when he joined me in an interview here on the Midas Touch Network, they kind of took his advice and they filed a lawsuit against Donald Trump for Trump banning them from the press room because they refused to call the Gulf of Mexico the Gulf of America.
Starting point is 00:04:32 That's how petty and weak and silly and ridiculous and dangerous. Frankly, Donald Trump is and even CBS seems to be fighting back. We weren't sure if CBS was going to literally sell out and try to settle this bogus case that Donald Trump filed against 60 minutes, because Donald Trump didn't like the way they edited their interview with former vice president Kamala Harris. Even though Donald Trump was too afraid himself to do the interview with 60 minutes. And even though the editing was not even of any substance at all, and they have
Starting point is 00:05:02 every right to edit however they want to. But Donald Trump said he, and get this, MAGA Republican Congress member Ronnie Jackson were consumers and that having to watch that injured them to the tune of $20 billion. Why Ronnie Jackson? Because Ronnie Jackson's the Congress member from Amarillo, Texas. And Donald Trump wanted to get the case filed in
Starting point is 00:05:28 Amarillo, Texas before a federal judge named Matthew Kizamerek Who's previously ruled in favor of MAGA on just about everything so they were forum shopping the case there But CBS is like bet you're saying 20 billion dollars of damages. Okay, show me your crypto wallet, Donald. Let's do discovery. Let's take your deposition. Let's get all of your financials because you're saying $20 billion. Let's go. Now, who knows if they're eventually gonna settle or not,
Starting point is 00:05:54 but at least that was a good indication right there. Also, you had Donald Trump calling himself a king this week and he posted photos of himself with a crown on his head that said, long live the king From his account in the official White House account This I guess was related to Donald Trump trying to block congestion pricing in New York a plan that was already Successful in New York City and that New York had every prerogative to pursue on its own but Donald Trump's now calling himself a king and
Starting point is 00:06:24 And what he's having Ed Martin, his United States attorney threatened members of Congress, um, for calling for protests and saying that, uh, he's going to go after them and he's criminally investigating them that and more on the legal. A of podcasts. Popak. How are you busy week? Huh? Wow. Busy week indeed. Um, you and I are drinking from a fire hose just to keep up with it all at the intersection of law and politics.
Starting point is 00:06:51 And, um, you know, listen, let's just take the, take a long view here. Things are working about the way that you and I and Karen have predicted they would, um, when the election didn't go our way, didn't end up with democracy being reinforced, but instead a tremendous challenge to our democracy and our rule of law with the election of our first felon president. We said the federal courts were going to serve a historic role in a way maybe certainly already in a way they've never had to before. Even during the Civil Rights Movement, there were, of course, dozens and even hundreds
Starting point is 00:07:28 of cases that were filed that made their way to the United States Supreme Court. But we're only four weeks and a couple of days into this administration. We already have 83 cases that have been filed in federal courts against Donald Trump's administration and his acts. We already have almost three dozen injunctions, whether you call it a temporary restraining order, you call it administrative stay, you call it a promenade, any of those things have already been issued against the more than 50 executive orders because Donald Trump, of course, is ruling by fiat
Starting point is 00:08:06 in the form of an executive order, which is the weakest way for a president to operate. It's the reason why the recent Gallup Ipsopoel came out and put Donald Trump at the bottom of his, forget first 100 days, first four weeks, he's 10 points under Joe Biden to start his administration. Two thirds of Americans think he's on the wrong track with the policies that he's implementing
Starting point is 00:08:34 and that he's not doing enough to help them in their daily lives. And they feel that way because he's not doing enough to help them in their daily lives at all. He's on his, as you've referred to it, he's on his retribution tour. He's on his, as you've referred to it, he's on his retribution tour. He's on his handout money to his oligarch and tech bro buddies tour.
Starting point is 00:08:52 And he hasn't gotten around to helping the American people. Federal judges are so far holding, the line is holding. The firewall that we envisioned with the right federal judges in the right locations and the right appellate courts are holding. We already have out of this cauldron of all of these lawsuits and all of these TROs bubbled up already is the first appeal, emergency appeal by the Trump administration on an issue to the United States Supreme Court, which you and I are going to talk about. It was a rejection for now, although I want to talk about that.
Starting point is 00:09:28 We also woke up at the end of this week with, maybe, I don't know yet. I'm cautiously optimistic. The return of a robust mainstream media that has found its balls, its voice, and its First Amendment and freedom of press instincts. I only half joked that it's the same week that America, outside of the Midas Mighty and the Legal AFers, woke up to find that Midas Touch is the number one podcast and network in the country. That led mainstream media to have actual clips where they said, yeah, we've been,
Starting point is 00:10:06 I love the jumping on the bandwagon. Yeah, we follow those guys. We love those guys. They're great. And everyone's like, who? Those that aren't in our world, the Joe Rogan people were all upset with it. But right on cue, right on cue,
Starting point is 00:10:21 CBS is trying to cut a deal to allow its parent company Paramount to merge with Skydance, filed a very aggressive request for all of Donald Trump's finances and financials, including his meme coin in Texas. We'll talk about that Texas case and why it's in front of Judge Casmeric. Then you've got Associated Press a little bit late on the draw, although I'm not sure that's going to hurt them when we get to that segment. I'll talk about that on irreparable harm. But finally waking up and saying, yeah, no, it's not okay that one of the major foundational
Starting point is 00:10:58 news organizations, that thousands of news entities, news media rely on for their reporting in order to do their work. And billions of viewers, it's not okay to say you can't come into the Oval Office for press conferences, you can't come onto Air Force One, because Donald Trump, as I joked on one of my hot takes, is like an incontinent puppy. He drops shit bombs all over the place. And you got to be there. That moment when he's really tired after 36 holes of golf on Air Force One, you got to be on that plane for him to say some of the crazy crap that he says. And you got to be in there in the Oval Office when he's got his co-president, Elon Musk, fielding questions.
Starting point is 00:11:35 And you can't hear about it later. And so AP finally, after a week, finally got around to filing their motion. And we'll talk about what we think will be the results in that particular case. That's why our coverage here on the Midas Touch Network has to be ruthless, relentless, and also very smart. And what's so important that we do here on Legal AF is to make this legal knowledge accessible. So when Stephen Miller holds a press conference and says, the role of the government is you elect a president, the president gets to tell you whatever he wants to do. He's democratically elected and he says, you do this, you do this.
Starting point is 00:12:16 And then you go, actually, let's be clear, we have multiple branches of government, three co-equal branches of government. We have the executive, we have Congress, the House of Representatives and the Senate, and we have the judiciary. They're supposed to be co-equal. Congress passes the law and the president is supposed to faithfully execute the laws. The president is not allowed to say, I am the law. Once the law is signed, he can execute it.
Starting point is 00:12:43 An executive order is not a law. An executive order, I've described as like, if you're the captain of the ship and Congress tells you, hey, this is a cruise from New York to the Bahamas. You have to go to New York to the Bahamas because Congress tells you to go to the New York Bahamas. You can't go from New York to Greenland. That's not what the law said.
Starting point is 00:13:06 And executive order sometimes says, am I gonna use this type of fuel to get there or that type of fuel? Am I gonna have this amount of life rafts or that amount of life rafts to enforce the underlying law to the extent there's ambiguity? But executive orders don't come in and fundamentally change the law.
Starting point is 00:13:24 When Congress appropriates money and says it's going to places, you don't get to say, no, I'm not putting it there. That's what dictators do. That's not the system that we have here. Sorry, you get to do means and methods to execute the law set by Congress. Exactly. As the captain, you can execute the laws, but you can't fundamentally change them. So let, let, let's go through all of the legal news, for example, and let's, let's show you what's going on here. There are three clips, I think that summarize it best. And then I want to get to judge hose ruling.
Starting point is 00:14:00 Then I want to talk about some of these TROs and then I want to talk about, uh, the media standing up. So right here, this was from Friday. Donald Trump was hosting because this happens every year, the governor's conference at the White House. Awkward thing when Donald Trump's attacking all of these Democratic governors every day in general. But this event's supposed to be collegial, cordial. The governors show up to the White House, there's a lunch.
Starting point is 00:14:28 Before that, there's, you know, one that Donald Trump held with the Republican governors, but this session's the bipartisan one. It's not supposed to be controversial, but of course, Donald Trump uses it to literally call out the Democratic governor from Maine to try to bully her in public. I want you to watch what went down.
Starting point is 00:14:46 Let's play the clip. Is the main here, the governor of Maine? Are you not going to comply with it? Well, we are the federal law. Well, you better do it. You better do it because you're not going to get any federal funding at all. If you don't. And by the way, your population, even though it's somewhat liberal, although I did very well there, your population doesn't want men playing in women's sports.
Starting point is 00:15:11 So you better come, you better comply because otherwise you're not getting any, any federal funding. Every state, good, I'll see you in court. I look forward to that. That should be a real easy one and enjoy your life after governor because I don't think you'll be in elected politics. Every state. Enjoy your life after being an elected governor. I don't think you'll enjoy it. Um, I will not give your state federal funding. I mean that right there, that's no longer a democracy.
Starting point is 00:15:41 What you just witnessed was a dictatorship. Good for governor Mills and standing up to Donald Trump. I do want to say one thing too, lost in all of these executive orders that Donald Trump's given. So Donald Trump gave an interpretation of Title IX, which says that men and female sports are supposed to get equal resources.
Starting point is 00:15:59 There's a major ruling that has occurred that basically says that college athletes and athletes of all forms are allowed to get paid endorsement money now for their name, image and likeness. Former President Biden said that under Title IX, which says that men and female sports get equal access to facilities and get equal access to resources, former President Biden said men and female sports in college and other entities that get funding from federal government should be equal.
Starting point is 00:16:30 Just to be clear, Donald Trump's executive order, no one's really talking about this, says that that's not the case. So now all of the male sports are gonna get all of the name, image and likeness revenue, which based on the settlement that's taking place is in the $20 million range. So women are per team.
Starting point is 00:16:47 So women are literally going to lose out on hundreds of millions, if not billions of dollars in funding for female sports because of what Donald Trump did while attacking nine transgender athletes in the NCAA. He literally gutted female sports. It was the most anti-female sports move you could possibly do while distracting that by saying he was going after transgender people. There was nine NCAA athletes. I just wanted to make that point.
Starting point is 00:17:13 Then Cash Patel sworn in as FBI director. And in his speech again, Cash Patel, wholly unqualified, dangerous. He's now the FBI director, thanks to the spineless Republicans. Let's show you what he said when he was sworn in. Let's play it. Thank you for entrusting me. Thank you. Man, this is effing crazy. This is effing crazy.
Starting point is 00:17:48 This is effing crazy. That's how we, that's where we are. This is effing crazy. What is effing crazy is that you have people like Cash Patel running the FBI, and you have Elon Musk and his brigade of 19 and 25 year olds who now have access to your brigade of 19 and 25 year olds who now have access to your social security information, your private information, your medical records, your tax information, access to the payment systems and the treasury access to do anything that they want with your private information while they are firing hardworking federal employees, gutting them, also a lot of disabled veterans,
Starting point is 00:18:27 destroying their lives and then mocking the individuals when they fire them. And they have like 19 year old kids who call themselves Mr. Big Balls going around. Let me just show you this right here. Here's Jamie Raskin calling himself, talking about who's running Doge even, because now they're trying to say that Elon Musk
Starting point is 00:18:47 isn't running Doge, like what's going on here, your playlist clip. The administration took the position in court this week that Elon Musk is not the head of Doge and is not leading Doge. So who is leading Doge? Is it the young man who calls himself big balls? Is it the racist on the night crew
Starting point is 00:19:08 who's proud of the fact that he was a racist before all of his friends were racist and says that we should legitimize Indian hate? Who is Doge? And the reason they're saying Elon Musk now is not running Doge is because they don't want Elon Musk to get subpoenaed. They don't want him to have to go through discovery. They want to say he's a special advisor to Donald Trump so they can claim executive privilege, presidential presidential records act immunity, and
Starting point is 00:19:35 avoid freedom of information act requests and not have to be transparent while they go on social media platforms and lie about it. But yes, you have cash but tells it crazy man It's ever crazy. I'm the FBI director man. I guess I'm the FBI director You've got Pete Hagseth a former Fox News host firing four-star generals the chairman of the Joint Chiefs of Staff CQ Brown getting fired by social media posts by Donald Trump and bringing in Someone who was not qualified who had to get an exemption because they're not qualified. Having people like Mr. Big Balls getting your private information.
Starting point is 00:20:11 And Popak, people are pissed in this moment, huh? People are angry right now. We're seeing it in the town halls. There's an awakening where I think every American now has been negatively impacted, whether it's the markets crashing, whether it's surging prices, whether it's getting directly fired, whether it's all of our privacy being invaded. And the key here, though, Popak, is the intersection of law and politics, because this is trampling over our legal rights.
Starting point is 00:20:59 Yeah, I mean, look, we had hoped in a perverse way, silver lining way that Donald Trump would really be delusional and believe his own get high on his own supply, so to speak, of his barely a bear win. Over Kamala Harris i've said it before you cannot interpret if you're. If you're reasonable and logical you cannot interpret what happened in november as any type of landslide or mandate or the magnification of america not if you look at the polling, the exit polling and the electoral data closely. We know what happened. I mean, you and I can spend shows talking about what happened. Donald Trump interpreted the fact that he was able to overcome felony convictions and indictments to win an election, meaning he'd have a free hand to destroy all of the parts of the government that we actually thought were working pretty well and has failed to
Starting point is 00:21:54 improve those that aren't working very well. Like, 75% of the people think the post office is just fine. It's actually the one thing that all political stripes can agree on. That's the thing that Donald Trump has decided to completely destroy, including the $3 trillion worth of commerce and try to take it under his thumb in violation of federal law and turn it over to the Commerce Department. For those that were worried about their Treasury Department, For those that were worried about their Treasury Department refunds, IRS, food stamps, Social Security, and other things, maybe some people still receiving them by mail, and you're worried about Elon Musk interfering with it on the back end, you should worry about the failure
Starting point is 00:22:36 of the Postal Service under Donald Trump, who's sucking in all of the administrative agencies and all of the cabinet level positions and putting them under his greasy thumb. And he's doing it for two reasons. One, he wants to completely immobilize and undermine and hollow out these agencies. And these are the very agencies that people, And these are the very agencies that people, blue and red state people, rely on if you're not like a business owner and you don't have a high net worth. Your interaction with the government is much greater than the Republicans give it credit for. People that rely on Social Security, disability, Medicare, Medicaid, food stamps, student loans, veterans benefits,
Starting point is 00:23:26 children healthcare benefits, Obamacare. Those tentacles touch everyone and Donald Trump wants to bring it all in. One, to slow it down and stop the funding thinking if he gives us a $2,500 Doge dividend, that will replace everything that he's destroyed. And then he had this thing, I don't know if we talked, I don't think we talked about it last Saturday, where he came up with an executive order where only Donald Trump and Pam Bondi of all people
Starting point is 00:23:56 who can barely put a sentence together, let alone clear thought, they're gonna be the only people in America that can interpret for the executive branch and administrative agencies the law. Like, the only they can give the opinion. Well, how is an administrator in a department or cabinet level who has to make a decision about an interpretation of a regulation, they're going to go back to Donald Trump and Pam Bondi? We're talking hundreds And Pam Bondi, we're talking hundreds of agencies, thousands of decisions every day get made
Starting point is 00:24:33 because he wants to bottleneck it all in his office because he doesn't want those agencies and departments to fulfill their missions. And if he can't cut them down to size by firing all of their staff or turning off all their funding, He's going to make them have analysis paralysis where they can't make a decision without Donald Trump's approval. You know, so you got that going on. And then on top of that, the impact on the American people as, as, as you've laid out, he has the silver lining is he has swung so far to the right and tried to implement this wet dream of the Heritage Foundation and Project 2025. People on the Supreme Court like Gorsuch and Alito and Thomas, which is the unitary president,
Starting point is 00:25:16 all powerful, infallible, omniscient president that floats above the other branches of government because you don't have co-equal branches of government any longer under that theory. He's taken it literally. He thinks his claim to fame, his legacy that he's trying to establish in front of the American people is that when he gets shot down in the midterms in two years, when he loses, and I believe he'll lose badly, and we'll get the House and the Senate back, that he will have at least implemented his view of the presidency.
Starting point is 00:25:51 Here's the problem with it, and this is why I'm surprised even the senators are going along with it. Today, it's Donald Trump. Tomorrow, and in three years plus, it could likely be a Democratic president. They're're gonna want all of these powers and all of the destruction of the independent regulatory agencies and the destruction of the independent FBI and the Department of Justice. They want that if it's a President Gavin Newsom
Starting point is 00:26:19 or Gretchen Whitmer or JB Pritzker or Pete Buttigieg or whoever, people we haven't even thought about yet, that would be president on the Democratic side. They're okay with that. See, that's the reason you generally don't destroy the institutions or the traditions that have kept our economy, government, civics, national security, domestic policy humming. You don't do that because you have to worry about when you lose. He is the shortest, I know it seems interminable, but he is the shortest of short-term, short-track
Starting point is 00:26:52 presidents going because not only because of his age, but because of the amount of time he's got left in office with only one term doing maximum destruction as best he can. And that's why we have to tie him up and tie him down in the federal courts with injunction after injunction after injunction, and just shoot that to the Supreme Court and try to win as many of those as we can to make him as lame duck as possible. The good news, as you said earlier, the good news is that he's ruling by executive order, which even the Supreme Court believes is the weakest way for a president to operate,
Starting point is 00:27:29 because he can't get anything passed with the bag of Congress, Senate here. So that's good for us, because executive orders sometimes aren't worth the paper they're written on, because they almost always violate, at least in the hands of Donald Trump, the Administrative Procedures Act, the First Amendment, the 15th Amendment, you know, you name the amendment and it violates it.
Starting point is 00:27:49 Look, the problem though is, and this is why people are letting their voices be heard as well, is because Pete Buttigieg is not going to be a dictator. Gavin Newsom is not going to be a dictator. Democrats won't rule like a dictator. Democrats will preserve an order that relied upon rules and respect. And where people are really getting pissed though right now is, hey, one side is breaking all of the freaking rules and the other side is playing by the rules. And when you don't play by the rules, it's easier. If you just go and threaten and extort and kill and maim and torture, that's that's easier, but creates crisis and problems and a powder keg that we're
Starting point is 00:28:34 seeing right now in the country. And it often doesn't end well for authoritarians historically, which is why America created the system that was a beacon on the hill for lots of other countries, and now we're reverting back. It's why people are getting pissed because it's like, you knew that all these other people are not going to be abusive and you know, when a democratic administration goes back into power, they'll be like, Hey, let's bring people together, let's unify after dealing with all of this crap.
Starting point is 00:29:04 And that's the anger, not just amongst Democrats though, but we're seeing it in red districts as well with all of these town halls where people like y'all are just, what are you doing? Well, why are you giving a kid named Big Balls my private data? What the hell are you doing? This is crazy. Why are you firing disabled veterans? Why are you firing these workers?
Starting point is 00:29:22 When we come back, let's get into some of these cases. I want to remind everybody about Michael Popak's new law firm. I'm so proud of him for starting the law firm. They're handling big catastrophic injury cases, almost exclusively those types of cases. So really big car accident cases, big trucking cases, sexual assault cases. Michael Popak is representing a family who tragically lost loved
Starting point is 00:29:49 ones on the crash above Washington DC. And he's filing a lawsuit against the Trump administration there with his new firm already. So if you have big cases like those, I'm sure Popak wants to handle all of the cases. But the reality is, is that it's cases just like those. So we want toak wants to handle all of the cases, but the reality is that it's cases just like those. So we want to prioritize those for his firm. So Popak, just quickly, what's the number? Yeah, it's a, go to the website first, Popak. It's thepopakfirm.com, thepopakfirm.com. There's a
Starting point is 00:30:21 form there for the free consultation and the case analysis. It's a contingency fee firm, so we don't get paid unless you do. And then finally, you can also call a number. It's 1-877-PO-POK-AF. I tried to keep it simple. Very simple. Let's take our first quick break of the show. We'll be right back.
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Starting point is 00:35:30 of $125 and more with promo code LegalAF. That's M-A-C-K-W-E-L-D-O-N.com, promo code LegalAF. Welcome back to LegalAF. Thank you to our pro-democracy sponsors, Michael Popock. Let's get right into it. Let's talk about what the federal judge, Dale Ho, did in New York with respect to the attempt by the Trump administration and their very, very corrupt Department of Justice to dismiss without prejudice the criminal bribery charges against the corrupt New York city mayor, Eric Adams.
Starting point is 00:36:07 Everybody will recall that mayor Adams was charged with engaging in various forms of bribery with foreign governments like Turkey. There was a treasure trove of evidence. Uh, but, uh, Adams started sucking up to Donald Trump. He went to Mar-a-Lago. He did the walk of shame Mar-a-Lago thing that we saw so many do at the beginning of the Trump administration. They seem to have had some quid pro quo that they talked about on Fox News
Starting point is 00:36:34 thereafter about how you had a Tom Homan, the borders are sitting next to Adams right there and basically say to, if you don't do what I, we told you to do, things are going to get a little, you know, we, we, we can come back and we could bring those charges again. You know, he made words to those effect. It was so concerning that all of these people at the justice department quit, including lots of right wing lawyers as well, prosecutors at the SDNY all the way to their top acting United States attorney, their, a lot of
Starting point is 00:37:04 their United States assist the United States attorney there, a lot of their United States assistant United States attorneys, people in Washington DC and the main justice department, they resigned. They finally got somebody to file this dismissal. But Michael Popak, tell us what did Judge Ho ultimately do? Yeah, Judge Ho and any federal judge has what we call inherent authority and there's also federal rules that allow him not to accept the government, which is the prosecutor. We all, again, the tutorial on how our co-equal branches of government works.
Starting point is 00:37:35 The executive branch is the prosecutor, the FBI executive branch, president system executive branch. Judiciary is the keeper of the flame of the rules and the law and the interpretation. And when the prosecutor wants to generally dismiss a case, it gets dismissed and the judge has very little ability to do anything about it, except in certain circumstances, unique circumstances. And that's all we talk about with Donald Trump.
Starting point is 00:37:59 It's always unique, aberrational circumstances because that's his MO. We saw him test the limits and go beyond it of the firewalls and guard rails around him in the criminal justice system when he was a defendant in the criminal justice system. Of course, his presidency in the Department of Justice, led by the people that were his lawyers in the criminal justice system, is of, they're going to follow that playbook. And they ran into a Judge Ho. And let me just talk about Dale Ho for a minute. That'll get to his inherent authority.
Starting point is 00:38:32 And then we'll talk about what he did and why I'm not entirely thrilled with what he did, but we'll talk about it. Dale Ho barely squeaked by a very staunch opposition by the Republicans to be confirmed. Great for the Democrats and moderates. He's just the person you'd want to pick. Constitutional scholar, voting rights expert and lawyer for the American Civil Liberties Union and the NAACP, clerked in that particular courthouse. If you weren't playing politics, Dale Ho, 30 years ago, he would have gotten confirmed without really a problem with a president that picked him and Joe Biden.
Starting point is 00:39:10 But here, he's squeaked by with one vote. But it doesn't matter how many votes you get. It's like the old joke about, what do you call the person that graduates last in his medical school class? Doctor. He's a federal judge for life. And I had a lot of hope. I was like, oh, this is a terrible pick for Donald Trump. Let's see what happens next. And what happened as you outlined or started to
Starting point is 00:39:32 outline is that we got a nine page letter from Danielle Sassoon, who the New Yorkers among us know, shining star among the Federalist Society, a 38-year-old Orthodox Jewish woman attorney in that office was a rock star. In fact, I was surprised she wasn't picked to be the US attorney by Donald Trump, but she issued a scathing nine-page resignation letter off of the quid pro quo of the exchange of the Trump administration telling out loud, Eric Adams, an elected official, you play ball on policy related to immigration status with us.
Starting point is 00:40:14 And you know that indictment that happened under the Biden administration, we'll sort of make it go away, but we'll hang it over your head as a sword. And if you don't play ball with us, we'll drop the guillotine and drop your head off. I mean, that's basically the deal.
Starting point is 00:40:29 He sat on the lap of Tom Homan almost literally during Fox and Friends. The borders are chuckling it up. I've met Mayor Adams. I was a moron and I donated to Mayor Adams campaign after a fundraiser when he was running. I had high hopes for Mayor Adams, as most people did. But that is the unholy corrupt deal at the center. We know it because an outgoing interim acting U.S. attorney for Manhattan said it out loud, and she also declared that not only did none of the career prosecutors support the dismissal of the indictment,
Starting point is 00:41:05 but they actually asked Department of Justice Pam Bondi slash Emil Bové, who I call him the grim reaper for the Department of Justice until Todd Blanch gets into the chair as the number two in the Department of Justice. He'll drop down to number three. She went to them in Maine Justice in Washington, Danielle says soon, and said, we want a re-indict. We want a superseding indictment because we think he lied to the FBI and he tried to destroy evidence. That's pretty damning stuff. So they said, no, don't do that because we're going to be doing this deal with him.
Starting point is 00:41:41 So nobody in the office wanted to sign it until Ed Sullivan, a senior member, said, I'll sign the motion to dismiss what we call no process, the indictment. But even he didn't show up in court. So all that Dale Ho had in court was Emil Bové and Alex Spiro, the lawyer for Eric Adams, who's also the lawyer for Elon Musk, just to show you the incestuousness here of the Trump administration, knows no boundaries. And what we would hope is what happened is that Dale Ho looked around the courtroom
Starting point is 00:42:12 and said, I got a problem. I got nobody in opposition here because of the nature of the deal that you've struck. And I need somebody to argue the other side and get to the bottom of the facts that are set forth in Danielle Sassoon's letter. He also knows, if he didn't acknowledge it in his hearing, he knows that five or six other major prosecutors, the heads of the Public Integrity Unit in Washington resigned
Starting point is 00:42:35 over this very thing because of this corrupt, potentially corrupt deal. I pushed for something else in my odd take. I thought under my interpretation of a law Supreme Court ruling that he actually has the inherent authority to go one step further. And he may still do this, which is to assign a special prosecutor to continue to prosecute the case,
Starting point is 00:42:54 finding that the Department of Justice is ethically conflicted. But he's not there yet. So what he said is, I need a fact finder. I need somebody to evaluate the facts for me because Emil Boves is not going to do it. And I was like, okay, here we go. Great.
Starting point is 00:43:07 You're going to use your powers to do the special counsel. Great. Who is it? And then he announced Paul Clement. And I said, are you – this is back to what you said at the top of the podcast – are you f-ing kidding me? Paul Clement, the rightest of right-wing former solicitor generals who was on the hump or wrong side of every
Starting point is 00:43:25 major issue that matters to Democrats and fair-thinking people. The guy that was on the wrong side of same-sex marriage, the wrong side of gun control, the wrong side of the Second Amendment, the wrong side of Obamacare, that's the only guy who had to leave his major law firm because they told him, you can't keep taking these Second Amendment cases while school shootings are going on. That's the guy. This is like when Merrick Garland appointed Robert Herr, a right-wing Republican, to go investigate Joe Biden because they all want to bend over backwards to act impartial. There are plenty of former Democratic solicitor generals, if that's the road you wanted to
Starting point is 00:44:05 go down, Judge Hobe, that you could have selected. And I would have been fine with it. I had a perfect one that I actually played up, I think, right before he did it. Judge Ludig, who's been on our show, who is a Federalist society, the founder of the rule of law society, a former appellate court judge, he saved our democracy, let him look into it, right? Not Paul Clement. So this is my fear, and I want to get it from you, Ben, is that Paul Clement, this right wing, not MAGA,
Starting point is 00:44:36 but real right wing conservative, is not going to make himself persona non gratis in the Republican party. He is not going to make himself radioactive against getting other cases. Hello. He is not going to make himself radioactive against getting other cases. Hello. He's not going to make himself radioactive against other cases and take a position that is anathema or opposed to the to Donald Trump and Emil Boves. It's almost like the fix is in. I'd be shocked. I'll be finished. I'd be shocked if Clement finds maybe maybe he does, maybe he does.
Starting point is 00:45:06 I mean, I'm just saying, why does it have to be Paul Clement exactly? I took a class by Paul Clement in Georgetown University Law Center. When I say I took a class, I dropped it after three classes because he was too right wing for me. Okay. That's what, if you've heard me tell the story before, how they try to recruit me into the Federalist society. And then I said, this is not for me.
Starting point is 00:45:30 That's my Paul Clement story. It was a course being taught at Georgetown law center by Paul Clement and via din, via din had written the Patriot act at that time and via din went on to become the general counsel of Fox during all of the election lies. And so he was all over that. With, with, with, with Rupert money, I probably got a nice payout, but, um, but I dropped that course and I said, I can't do that. And then I pursued a path in civil rights. Now, let me give you this perspective though, which is Harry Lippman,
Starting point is 00:46:01 former top federal prosecutor, um, literally one of the top three positions in all of the DOJ when he was in Washington, DC. He was also the top federal prosecutor in the Western District of Pennsylvania. He thought that the appointment of Paul Clement was a good thing in the hot take because he thought that, look, Paul Clements,
Starting point is 00:46:22 and this could just be prosecutor to prosecutor, but he thought that Paul Clement was a, was a serious guy. He thought Paul Clement would come out with a report that would likely be scathing of the decision to dismiss the case against Eric Adams. But ultimately the issue and the problem is, is that who will prosecute the case against Eric Adams if the Department of Justice refuses to because it is now a mafia organization and we have this constitutional crisis taking place. So I think the point was he doesn't expect
Starting point is 00:46:56 Paul Clement to look favorably. What the outcome of all of this, you know, is that this is a corrupt deal and maybe that one of the things I suggested is maybe what the judge can try to do is force some sort of tolling agreement amongst the parties to extend the statute of limitations later on. But ultimately, this is a very corrupt DOJ doing corrupt mafia style things. And I'll just give you an example. And I just want to pivot to this other instance, this other instance as well,
Starting point is 00:47:32 because we'll keep track of what's going on there, but you have Ed Martin, for example, the United States attorney in Washington, DC, he's sending members of Congress letters right now saying that he's criminally investigating them. You had a Congress member, Garcia got a letter, a Democrat here from California long be former Long Beach mayor who's on the show a lot. I think he does. He's a great Congress member. Chuck Schumer got a letter, democratic Senator from New York.
Starting point is 00:47:59 And, uh, what they say they're criminally investigating them for is their speech. And they say you're encouraging violent investigating them for is their speech and they say you're encouraging violent protests against Donald Trump by telling people to take to the streets in a way that indicates violence and you're being criminally investigated. So you have that taking place as well. And this is just who they are. I mean, the DOJ right now, it's not that it's not independent. It's that it's 100% lawless. And I want to put a lot of this blame, if not all of it also on DICTA, a line that was even said in the absolute immunity ruling by chief justice, John
Starting point is 00:48:40 Roberts, who now is, woe is me, cry me a river in his annual report about we have to protect against people not following judicial orders and and overreach by by executive branch and blah blah blah blah blah. He literally said one of the categories for absolute immunity is what the president says to their attorney general which it's like hey Chief Justice Roberts, do you have no indication of the law as well that the DOJ and the main executive, even though the DOJ is part of the executive branch, but the White House and the DOJ always had a history of being independent. And now you want to immunize if the president gives directives to the attorney general. That was never the way it's supposed to be. So, Popak, I just wanted to flag that. I want to turn though to the TROs, the one that went up to the Supreme Court. You see how I transitioned there talking about the Supreme Court to the Supreme Court ruling on a TRO involving a special counsel. We'll talk about that. I also want to talk about the
Starting point is 00:49:41 media finally standing up. I want to take our last quick break of the show. I want to remind everybody about Michael Popak's new law firm, the Popak firm that he started. I'm so proud of you, Popak. I know this was something you've always wanted to do in your life to have your own firm. You started it and you took a lot of risks to start your own firm. And you've already picked up some pretty big cases.
Starting point is 00:50:04 And I just want to remind everybody just so you don't feel that Popak's ignoring your calls or whatever, the types of cases that he's handling and the firm's handling are like the most catastrophic of cases. I'm sure everything's, it's hard to value a crisis versus another crisis, so I don't want to diminish anything. But what I mean is, Popak's handling a trucking accident involving someone getting killed by the truck. Popak's handling the case involving people on the airplane who lost their lives, and he's representing the family over D.C. in the case against the Trump administration.
Starting point is 00:50:44 There are other vehicles for other types of cases, but those are just not the types of cases that PO-POK is going to be on the PO-POK. What's the phone number for the firm? Yeah, it's 1-877-PO-POK-A-F. ThePOPOCFirm.com is where you would go for that. And just one last thing on that, we're honored to represent on that, we're honored to represent the family of a victim on the flight over DC a couple days after the Trump administration took over. It came in the way it should work and the way I envisioned it. I got a phone call directly from a member of the Midas Mighty and the Legal AFers who was a close relative of the deceased. We jumped on it and I jumped on it and now
Starting point is 00:51:26 representing them and not our, people might have heard there was a $250 million filing for somebody, a husband that lost their life. We're not representing that particular person, but I am representing others, another person that was in that particular flight. So, it has been humbling that it is, that I'm able to work so closely with the Midas Mighty and the Legal AF for some things that matter. So reach out to PO-POK on that, if you have any cases that are like that.
Starting point is 00:51:52 Let's take our last quick break of the show. Reminder, at the Legal AF YouTube channel, crushing it, subscribe to the Legal AF YouTube channel as well. Let's get them to a million subscribers. I wanna see them hit a million subscribers by the time we hit channel as well. Let's get them to a million subscribers. I want to see them hit a million subscribers by the time we hit five million subscribers. Let's get there together. Let's take our last quick break of the show everyone.
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Starting point is 00:57:15 slash LegalAF and get 10% off plus free shipping. That's 10% off and free shipping at trustandwill.com slash LegalAF. Welcome back to Legal AF. Thank you to all of those pro-democracy sponsors. I'm feeling energized. I'm feeling pumped up on this episode of Legal AF. Popak, let's talk about some of the various TROs. You have Judge Ali in Washington, DC saying that Elon Musk, Donald Trump could be held in contempt in the future for USAID.
Starting point is 00:57:48 And hey, I issued a temporary restraining order saying that you can't stop funding these organizations. They need to stay funded based on what Congress appropriated fund them and There's evidence to suggest that you're not complying with the order the judge didn't hold them in contempt on this hearing but indicated that The judge would be looking into that as well So I think we're gonna be seeing a wave of those types of cases as well You also had some of the states, state AGs, by the way, I did an interview earlier today
Starting point is 00:58:29 with the Arizona attorney general, Chris Mays. She didn't mince words. Go back and watch that interview that dropped earlier today where she called what Musk and Trump was doing. She called it a coup. And I want you to know, and I like that you have attorney generals out there so strong with their language and actually calling what it is
Starting point is 00:58:46 Because that is what it is in my opinion. So then she and other bunch of other attorney generals Also again Reinforcing that Elon Musk can't have access to this Treasury data that he was trying to get who knows if he's already gotten it is the reality Is that he and big balls and all of his people probably already have that information anyway, that will come out during discovery and we're hearing all these people saying, can we subpoena Elon Musk already? And that's one of the things I asked Chris Mays, which was like, let's, let's get, why don't you just suppose Elon get Elon under oath so he can answer these questions. That's
Starting point is 00:59:22 the way our system should work. But Pope, tell us about the one that went down in the Supreme Court. Yeah, that one is interesting because of what it means for the future and the lineup here. On its face, it was really just the first of, you know, we've outlined, there's 20 or 30 preliminary injunctions. Generally, appellate courts stay away
Starting point is 00:59:44 from the first level of injunctions, generally appellate courts stay away from the first level of injunctions, which we call temporary restraining orders or administrative stays because it's not ripe yet and they don't really have their jurisdiction until there's at least the next level up, which is a preliminary injunction. They sound the same. They're based on the same factors. It's just the way the record is prepared, and whether it's a final order or a certain type of what we call a writ.
Starting point is 01:00:14 And so appellate courts don't generally deal with temporary restraining orders. However, there is one involving the Office of Special Counsel, which sounds like what Jack Smith was, but it's not the prosecutors. It's another sort of misnamed department within our US government that deals with federal workers and laws that apply to them. It's an important position. Biden appointed somebody that I know, Hampton Dellinger, to be the special counsel in the Office of Special Counsel with a five-year term.
Starting point is 01:00:49 And he can only be removed under the way that office was created by law. He can only be removed for some wrongdoing, for some cause, not because he's the wrong party. That's why we've always had like postmaster generals that end up being the postmaster general for the next incoming president or the FBI director on a 10-year term or the Federal Reserve chairman on a 10-year term overlapping administrations on purpose because Congress didn't want to make these positions to play things of politics and make them political so that Donald Trump can say, oh, I'll take that postal service.
Starting point is 01:01:28 I'll take this. Well, that's why laws were put in place not to do this. So Hampton Dellinger ran to DC trial court level, federal court, and got a temporary restraining order because there's no grounds to remove him. You did a little bit of disclosure. I'll do the same thing. Hampton is the son of my constitutional law professor, the late Walter Dellinger, who was a Solicitor General of the United States, was the White House Counsel. His mother, Ann Dellinger, a titan in the world of government, a school of government at the University of North
Starting point is 01:02:02 Carolina. Law and politics at the intersection is how he was created and it's in his blood. You couldn't ask for a finer, more upstanding, more ethical person than Hampton Dellinger for the position. So, all of this is just BS and politics. There was an appeal of the TRO, which is already unusual, to the DC Circuit Court in a two-to-one decision a Trump or Katz's voted against. Two of the judges of the DC Circuit said, we don't have jurisdiction. This is a temporary restraining order and the judge is holding a preliminary hearing on the preliminary injunction in like eight days. Why are you here? Go away.
Starting point is 01:02:38 Well, that wasn't good enough for Donald Trump. I don't know why they thought this was the best first case to bring up and run up the flagpole with the United States Supreme Court, but they did. So they filed an emergency application, emergency writ with the United States Supreme Court, which usually ends up on what we used to disparagingly call the shadow docket, and handled by the first judge that's responsible for that particular circuit, which in Washington is Chief Justice Roberts. Roberts sort of turned it over to the rest of the nine of the panel rather than make the decision himself.
Starting point is 01:03:15 He could have made it himself and just said, we got five, eight days, now five days until the hearing about whether he should be reinstated or not. Why are we here? But he didn't. He just did an administrative stay effectively and held it in abeyance with the support of everybody – well, we don't know if it was everybody. I'll tell you who had dissented – until the hearing on Thursday or Friday. So it's a loss on paper at the Supreme Court.
Starting point is 01:03:44 But let's get down. Let's get to the molecular level. Gorsuch wrote a dissent that was joined by Alito that sends a chill down my spine the way it was written. Because they drank the Kool-Aid when it comes to the unitary president theory, as has Cavanaugh, about the president can do no wrong, can commit no crime. And therefore, if he doesn't want to have the person occupying the office,
Starting point is 01:04:13 he shouldn't be forced, even for five days or five minutes, to have the person that's not of his choice, regardless of what the statute says, regardless of what the five-year appointment says. It shouldn't be allowed at all. And he took great umbrage, Gorsuch, that President Trump or any president would be forced to work with somebody
Starting point is 01:04:32 he doesn't wanna work with for even five days. I was like, are you effing kidding me? Completely ignoring the substance of anything. And so he would have reversed this thing and done it now, as would Alito. What it means for me in the future is that if we're looking to the Supreme Court to be the firewall against Donald Trump and his rogue behavior from a power, an exercise of power or abuse of power standpoint, we got some problems because Alito, Gorsuch, and Thomas who have formed this unholy trinity, this triumvirate, there's no doubt now where Gorsuch is.
Starting point is 01:05:18 He's always on the hump side. He's always on that side. And that leaves in the middle, even though it's center right middle center or center right right middle, Roberts and Amy Cote Barrett, because the Democrats, the democratically appointed wing of the Supreme Court are going to find that Donald Trump is out of his mind and out of control. A time and time again. Question is, how do we get from three votes to five votes to count to five in order to stop Donald Trump. And it's gonna come down, Kavanaugh, I used to call him a free radical.
Starting point is 01:05:51 He's not, he is more likely than not to get pulled over in the tug of war over to Gorsuch's side, which means we gotta fight, fight, fight. When whoever's the Supreme Court advocate, who's ever doing the briefing, the amicus briefs, we got to aim for Amy Coney Barrett and hope that Roberts comes along more often than not to form a five to four on things that matter about reshaping this relationship between
Starting point is 01:06:21 the presidency, Congress, Senate, you know, Congress, including the Senate and the House, and the American people. Because that's what we're watching before our very eyes. Donald Trump's, his intended legacy is to completely disconnect. He says he's making it more accountable. He's not. He's disconnecting the White House and the presidency from the accountability to the American people. Certainly no check or balance is in the works
Starting point is 01:06:48 with his legacy. And the question is, is this, John Roberts already, listen, when they write the books about the worst Supreme Court justices, you and I studied this heavily in law school, I can name two or three that were pretty terrible. I mean, John Roberts, I mean, the things that have happened on his watch between reproductive
Starting point is 01:07:07 rights, abortion rights, voting rights, the immunity decision, insurrectionists empowering this Leviathan, this Frankenstein monster that's ravaging the countryside in the form of Donald Trump's presidency, he's gonna go down in history. The question is, in the remaining time he has left until he resigns or retires, is he going to start fixing what he broke with the immunity decision that you outlined? I don't know. What do you think? No, I think that he's horrible. I think they're all horrible. And I think that a lot of these cases at the most extreme level of kind of Trump abuse, birthright citizenship, I think the Supreme Court will uphold birthright citizenship when it comes to, you know, some of the kind of outright expressly authoritarian, maybe you'll get a five four decision stopping
Starting point is 01:08:04 Donald Trump there. I think on a lot of the other stuff when it comes to taking away people's Medicaid and Social Security and the pain they're inflicting on everyday Americans through a lot of the dismantling of the government. I think ultimately the Supreme Court, I think at some point you have to come to the realization that the right wing measures their wealth,
Starting point is 01:08:35 not in their own monetary gain, because how many yachts and planes do you need, but in the suffering of others. And I think you just have to come to the conclusion sometimes that these are just horrible human beings and they're evil and they're bad people and they want bad outcomes because they like to see people hurt. And I think that the litigation strategies we discuss and the fighting back is essential.
Starting point is 01:09:01 If you seed the legal fights, then they'll bulldoze all of this. But to me, the legal is a major weapon, but it's not the only one. It's a major, it's so needed, but you can't rely on the Supreme Court to ever do anything good. They've demonstrated that when they call themselves conservative, they mean conserving the monarchy and conserving what was before the Declaration of Independence. That's my view of what they've meant this whole time, but I don't want to be like, oh so we know we need this. The same way in a war you need different types of tools. This is an important one. It's important to stop what the unlawful acts. It's important that people see when the Supreme Court doesn't do the right thing over and over again. But again, we are,
Starting point is 01:09:54 you are listening to this. You are the person you've been waiting for. Yes, it would have been great if it was Jack Smith or this prosecutor or that leader, but it's you watching at home. It's you fighting for your rights and defending your freedoms. That's what it's going to come down to in my view. Finally, Pope Buck, I want to talk about though, the media fighting back. You have Ann Selzer's incredible opposition basically saying that this is to Trump's lawsuit, this is the stupidest lawsuit that's ever been filed ever. She basically says,
Starting point is 01:10:28 you're suing me because you didn't like my poll. Is this the dumbest piece of, I mean, she doesn't use these exact words, but is this the dumbest piece of trash lawsuit that ever exists? And what are your damages? What are you even talking about? It's axiomatic that polling of politics is First Amendment protected speech.
Starting point is 01:10:48 Get the hell out of here. Judge, federal judge in Iowa, dismiss this piece of trash right now, or do you want to be the first judge ever that makes a ruling that will go down in history as even maybe one of the stupidest rulings ever? That's basically if you paraphrase what they argued, that's what they argued there. Then you had CBS, as I said at the outset of the show, saying, hey, we haven't reached any settlements yet. We want discovery. It's in their case management order was filed in that case. And they basically said, look, Donald Trump joined Ronnie Jackson, the Congress member from Amarillo, Texas, the hell,
Starting point is 01:11:29 and they're both claiming that their injury, what is their cause of action, consumer damages, they're saying that they were hurt as consumers in Texas for $20 billion, for $20 billion. Even Judge Kazimerek, this is, you know, and I think the For 20 billion dollars for 20 billion dollars even judge has a Merrick This is you know, and and I think the approach by CBS what they won't say it. They'll be like look judge Kazimare We know you're we know you're a MAGA judge But if you go this far You're just going to look like the stupidest and it's gonna hurt your ability to actually be the MAGA judge
Starting point is 01:12:01 Because people will view you as the biggest clown ever. If you're going to say that this is a viable case, like what are we even talking about? But they said, look, let's take some discovery of Donald Trump. As I said in another hot take, I was like, look what Cohen did. Cohen said, I want Trump's deposition. And then Trump had to dismiss the case because Trump was too chicken shit to show up for his own deposition So just take discovery of this idiot this vexatious piece of crap whiny bratty golden spoon
Starting point is 01:12:34 Oligarchical freaking moron just ask for his deposition. Oh, yeah, I'll tell you how I really feel about that pathetic weak idiot Who's running the country right now into the ground? I should say. And then you had the Associated Press file a lawsuit. We talked about it at the outset, so we don't need to go into it in that much detail. But Popak, I do think it's just worthwhile to give a little bit of gloss over it in addition to what I said. What do you think about those lawsuits? I was not, I'm going to tie it together the way you won't. I think that main, I gave up on mainstream media a long time ago. That's why I joined Independent Media and helped you and your brothers with this network and forming Legal AF.
Starting point is 01:13:17 Because I, as a consumer, was disheartened by, and I've been a consumer of mainstream media my entire life. My mother used to joke that I read the New York Times cover to cover when I was eight. You know, we lived close to New York. And so that, you know, I shared people's disappointment and we knew that the legal and political issues were giving, were being given short shrift by mainstream media, that who couldn't figure out a way to make a buck with it, or couldn't figure out that their audience craved it or needed it, especially in the era of Trump or the time of Trump. And so I kind of, you know, and then you then you see, you know, how, how people consume news.
Starting point is 01:13:55 You know, most people before YouTube, before even Midas Touch, were getting their news from like Facebook, depending upon what era you grew up in or what generation you are, Facebook and Instagram and TikTok and everything else, and had been cutting the cord a long time ago, leading to this explosion on YouTube, a real estate piece that's now occupied and conquered by Midas Touch and its audience. Can't do it without the audience. And so we were always humbled by those that support us. So the tech guys, tech bros that were running
Starting point is 01:14:32 the Facebooks and the Amazons and the Bezos who were all worried about shareholder value and the size of their yacht, is lining the Trump pockets with hundreds of millions of dollars, I'm not making that number up. It's not hyperbolic since the election. Like, Melania gets $40 million from Jeff Bezos for what reason? The next highest, he could have just bid $12 million and $1 and beat Disney.
Starting point is 01:14:56 Why did he pay $40 million? We'll put that aside for a minute. So you had all of them bending over and everybody donating for the Trump Library, whatever that. I think they should donate to a JN6 museum like the 9-11 museum. That's what I think America really needs for that era. Now you've got CBS, which is in a weird spot because they're dealing with the dealmaker in chief who thinks everything's transactional and everything's a deal. Cuts the legs out from under Ukraine in order to bring them to the table about rare earth mineral mining
Starting point is 01:15:29 in order to cut the deal with Russia and not get back and not obtain any of the territory that was violently taken away from them. He's got that guy going on. So, CBS is owned by Paramount. Paramount wants to do a merger with Skydance and that has to be approved by the FCC, the Trump FCC. And so I thought, well, they're just going to cave on this $20 billion number because they don't like the way Bill Whitaker's interview with Kamala Harris was clipped and edited for Face the Nation. I'm like, are you f-ing kidding me?
Starting point is 01:16:09 First of all, this is like Ann Selzer. You won the election, okay? So whatever promo clip they were using on 60 Minutes didn't work. And when you see the transcripts, by the way, side by side, of what the full paragraph was of Kamala Harris' response about Israel and the clip, I mean, it's a legitimate edit. They always say in 60 minutes, for the full interview, go to when they give you the website and go look at the full interview if that's what you're interested in. But they get to make editorial decisions as part of editing, as part of the First Amendment
Starting point is 01:16:44 and freedom of the press. The 20 billion is bigger than the amount Paramount is worth. How was possibly Donald Trump injured $20 billion? They filed a joint report where they told Judge Kazmarek, who was handpicked because he's that single venue, Amarillo, Texas guy, right wing, antiwoman, anti-abortion, former lawyer, now judge. They picked him on purpose. They slid Ronnie Jackson, the personal doctor for Donald Trump, election denier, vaccine denier, COVID denier. They slid him in there just to have a Texas nexus, you know? And how was he damaged under a consumer fraud statute? Because they didn't like that one extra line because they wanted to argue that she says
Starting point is 01:17:28 word salad out loud. I don't even understand the problem. This case should be thrown out of federal court quickly. But at least they did it. Maybe it's just a buy time to cut the deal, but at least they did something saying, we want all your financial information about your meme coin and your finances and all that. Then you had AP, Associated Press, finally got around. I don't know what took them so long.
Starting point is 01:17:49 Finally got around after being banned and barred for the Oval Office and Air Force One for Donald Trump, but not having their press credentials taken away because they're trying to thread the needle of Jim Acosta, what happened to him in 2018 with CNN, where he was just, CNN was just barred from the press conferences. Like, sorry, you're not allowed in. Here, they're letting AP in, but not in the
Starting point is 01:18:12 places where they want to be and they need to be. And that impacts billions of viewers of AP associated press related things. So they have finally gotten around to file a temporary restraining order alleging First Amendment and Fifth Amendment, which is the property interest, has been taken away from them, their ability to do their job without due process. That's the exact same foundational attack that CNN successfully used and the Trump administration backed down with Jim Acosta, eventually got his full credentials back. I think the same thing is going to happen here very, very quickly and they're going to have to relent and let AP back in.
Starting point is 01:18:52 The only reason I said it's a little bit late is that I would have filed this within 48 hours. There is this concept that you and I have talked more about than we cared to called a reparable harm. Everybody's becoming an injunction expert on legal AF. And irreparable harm, one aspect of it is the thing is so bad that's happening to you and can't be fixed with money damages at some later time.
Starting point is 01:19:16 You can't unscramble the egg or put the toothpaste back in the tube. And one way you demonstrate that is you're the velocity at which you enter the courtroom. And sometimes, depending upon the type of injury, the judge will say, well, you've undermined your own argument for irreparable harm, which is a threshold issue for TRO, because where have you been? It's eight days later. That's what hung up Judge Chutkin, among other things, with the New Mexico and the Chris Mays lawsuit about the funding and the Elon Musk issue.
Starting point is 01:19:50 She's like, what you wait so long? And what is your irreparable harm? So I think the nature of the harm, it's not gonna matter a few days now that it's been filed because it can't be fixed and it can't be resolved with money damages. It is by its very nature the definition of irreparable harm. I think they're okay. I would have liked to have seen that suit a long time ago. Maybe they were waiting to see if he would relent.
Starting point is 01:20:16 We'll see what they say in their papers once we fully digest them. You have all of that going on, and then you got Ann Seltzer, which I don't even understand. She was the leading Iowa pollster for like five or six different elections. And she got it wrong this time. Most of mainstream media and pollsters got it wrong, although it's still within the margin of error for Donald Trump's win. She had her final poll of polls. She had Kamala Harris winning Iowa. I guess his argument is he had to put more money into Iowa because the pollster
Starting point is 01:20:50 said something about her potentially being able to win. He ended up winning by a lot and I would, he ended up winning the election. So what are, as she said, what are the damages? So I agree. I think, and she, she retired from being a bolster after the after this mess You know, she's like, I'm out. I'm done. That was I'm out. So I again it's just Donald Trump using his personal Vendettas that he developed a taste for During when he wasn't president going after Cohen, going after the Pulitzer Prize
Starting point is 01:21:26 Board, going after New York Times, going after this one, another one, trying to get money here, there, and everywhere. Now that he's president, he figured out, oh, I can line my own pocket with something because this is personal to him. This money, he's effectively prosecuting a case, a civil case, to line his own pocket using the presidency. It is a violation of the emoluments clause. He's not using private lawyers for this.
Starting point is 01:21:57 And wait till the taxpayers, and we'll, you and I will try to figure it out with Freedom of Information Act requests if we can figure it out. Wait till the taxpayers see the amount of tax dollars spent by the Department of Justice and the lawyers they're gonna have to hire to go off these follies. We're at almost three cases a day being filed against the Trump administration,
Starting point is 01:22:22 well on my way, well on their way to the three or four thousand before the end of the term that I predicted. But we're paying for it because they're playing with house money. The Department of Justice is going to hire more lawyers, going to have more budget. He got all hot and bothered about Jack Smith spending 15 million dollars, half of which was for security to keep people from getting murdered in his group for the prosecution. This is going to be hundreds of millions of dollars of taxpayer dollars defending these ridiculous lawsuits filed three a day. Let me give you this perspective too with these lawsuits over Trump doing patently unlawful things and also Donald Trump using the Department of Justice to pursue his
Starting point is 01:23:05 own personal petty grievances and also good, qualified prosecutors leaving, having people like Cash Patel running the FBI. What that's going to lead to is just making us all less safe the same way. We can't really trust the FAA anymore or any of these agencies because the goal of them is to destroy the agencies, whether it's air travel, the quality of food that we're eating medicine as they got the CDC, putting unqualified people like Pete Hegseth in charge of the defense department.
Starting point is 01:23:41 When you bring this to the area of law, when you're prosecuting, when you're losing your top talent and they're focused on doing Trump stuff for Trump and not carrying out law and order, think about the cost that that's going to have people defrauding social security, people defrauding Medicaid and Medicare, the actual fraud that takes place of people who set up Medicaid and Medicare fraud, for example, in these systems that would normally be prosecuted. Enforcement divisions are gonna go away there when you remove the kleptocracy division that would investigate the Russian oligarchs from bribing people. Ultimately this stuff has a devastating effect as well on the economy and on safety.
Starting point is 01:24:26 And are these people even prosecuting crimes or are they going to be focused more on just fudging numbers, lying about things while crime increases as well? I want people to pay attention to that. And that's something that is not getting enough attention is they're focused on all of these issues that are like Trump personal crap and they're not focusing on we the people and doing what their job is in government they have this real horrific oligarchical Putin esque view of government and they're trying to impose that on Americans and there's this tension right now where
Starting point is 01:25:01 finally it feels that Americans who were kind of frozen, hoping the institutions held Americans are like, nah, and it's not just a Democrat thing. It's, it's not just an independent thing. You know, I'm watching Republicans in Oklahoma's first congressional district. I'm watching Republicans in plus 18 congressional districts in purple states. I'm watching people saying, what the hell are you talking about? And then these politicians are speaking like they're on X, like literally, you know, a social media platform,
Starting point is 01:25:32 not the drug, but it is a drug in its own way of like, hey, and then people like, what, what, what? What are you talking? You're a meme? What the hell are you? Just get Mr. Big Balls out of my private documents and stop allowing Elon Musk To do these things and hey you coward you freaking republican coward
Starting point is 01:25:52 Then get the guy to testify in congress and say what he's doing You're gonna knock you're too spineless to allow him to require him to testify You've created a doge subcommittee, but you're not having him testify. Well, that doesn't seem pretty transparent to me. It sounds like a bunch of bullshit and people are angry. You saw people in Nebraska 2500 watching Bernie Sanders and John Fain, the head of the auto workers union, talking about, we got to stand up for the workers. People are realizing the massive rug pull
Starting point is 01:26:25 of this Trump administration and rising up. And I hope that we here at the Midas Touch Network played a part in that. And we hope we're educating you with the arsenal of the law, the full panoply of it. So you understand what's really going on here, what's BS, what's real, and then, and then utilize it and you could form your own opinions. But I want to go down at a very granular level, what's taking place. That's why we have this show. I want to thank everybody for watching. I want to remind you right now also about Michael. I'm so proud of Popak for starting his law firm. I know it was a lot of risk. I know there was a lot of pressure when you start a new law firm and you're starting a whole new thing, it's always very risky. So I'm glad to see that, you know, because we've always had people here who,
Starting point is 01:27:11 you know, whether they were in a car accident, a trucking accident, and a case of like really bad employment discrimination, they were sexually assaulted by, you know, law enforcement or a boss or, you know, received horrific harassing text messages where they have, where they have lots of evidence or just, you know, the plane crashes, you know, things like that. People were always saying, people were a medical malpractice, you know, people were always saying, Hey, Pope, can you do this? And you couldn't. So you're like, all right, Ben, it's just so overwhelming with, with the amount of requests I'm getting,
Starting point is 01:27:44 I'm starting my own thing. And sure enough, already, you've taken on a number of cases from our audience. And these are really, really tragic, really important cases and the people feel so comfortable knowing that, that they've reached out to the Popok firm. So Michael, where can they reach you? Yeah, I made it easy.
Starting point is 01:28:08 So you don't have to guess. It's The Popok Firm, P-O-P-O-K, of course. The Popok Firm is the website and you'll, within seconds, you'll end up in the right place there. And then a 1-800 number that I thought was catchy and people would remember, 1-877-PO-POK-A-F. There you have it everybody. Thank you for watching this episode of Legal AF. Look, the fact that Midas is beating Joe Rogan out,
Starting point is 01:28:34 that's great, but what's more important to me is that we get our message out to the biggest audiences out there. And this is all a testament to you, our audience. So from the bottom of our hearts, thank you for sharing this with other people, telling people to subscribe, being a member of the Midas Mighty, being Legal AFers.
Starting point is 01:28:55 Thank you, thank you. None of this is possible without you. And we're just so grateful for you. So shout out to the Legal AFers and shout out to the MidasMighty.

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