Legal AF by MeidasTouch - Legal AF Full Episode 2/26/2025

Episode Date: February 27, 2025

Michael Popok and Karen Friedman Agnifilo anchor the midweek edition of the top rated Legal AF podcast. What’s on tap tonight? 1) Trump is getting frustrated with losing, and just begged the Suprem...e Court to “do something” in a odd letter; 2) Trump is considering having Congress declare a phony war to allow him to put people in internment camps and deport them; 3) Trump has Musk run his cabinet, as his lawyers tell federal judges that Musk has no real power; 4) the Supreme Court hears oral argument on a white person’s reverse discrimination case, and so much more at the intersection of law and politics. Support our Sponsors: Zbiotics: Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. L-Nutra: Head to https://ProlonLife.com/LEGALAF to get 15% off their 5-day nutrition program. Delete Me: Go to https://joindeleteme.com/LEGALAF and use promo code LEGALAF for 20% off. Laundry Sauce: For 20% off your order head to https://LaundrySauce.com/LEGALAF20 and use code LEGALAF20 Beam: Get up to 40% off for a limited time when you go to https://shopbeam.com/LEGALAF and use code LEGALAF at checkout! 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 00:01:06 stands for Total Fund Savings Adventure, maybe reach out to TD Direct Investing. After five weeks, we've entered the Supreme Court chapter of Donald Trump's losing and lawsuits in court. 92 lawsuits, 34 preliminary injunctions and temporary restraining orders. And we've got two efforts by the Trump administration to take a matter to the United States Supreme Court. One involving US aid, the other involving the Office of Special Counsel, who defends federal
Starting point is 00:01:47 workers. He's the ultimate federal worker, federal worker number one, if you will. And now the Trump administration, without a permanent Solicitor General in place, with an acting Solicitor General in place, is filing letters and petitions and all sorts of things to try to take these cases. That's inevitably where things are going to go. The other inevitability is that Elon Musk is not going away until a federal judge ultimately bars him from the government as an unconfirmed power hungry madman. We're going to be seeing a lot of Elon Musk.
Starting point is 00:02:24 Donald Trump has effectively delegated a lot be seeing a lot of Elon Musk. Donald Trump has effectively delegated a lot of his domestic policy to Elon Musk, trotted him out today in a cabinet. It looked very strange. It looked like a hostage video with the cabinet, the actual cabinet, which are, you know, State, Defense, Department of Justice, sitting around and Donald Trump trotting out his pet or vice versa, pointing to the person and saying, uh, what do you think about Elon Musk and the job that he's doing? Oh my God.
Starting point is 00:02:55 I mean, this is not only the shadow president, this is the actual president. Now it makes more sense where that AI deep fake video came with Donald Trump sucking the toes of Elon Musk. And Musk is just making a mess of all the positions that the Department of Justice is forced to take in front of federal judges. And we're going to talk more about that. Trump is now considering according to new reporting something we talked about, Karen before the election and during the campaign, that he
Starting point is 00:03:25 was going to try to invoke the Alien Enemies Act or the Alien Sedition Act from 1798, which requires a declaration of war, where we have an opposing country on the other side, which we declare to be our enemy, and that country has its agents within our country. We've only done it three times. It's always been a time of war, the War of 1812, World War I, World War II. Donald Trump wants to use it to deport people, claiming that the drug cartels have somehow been sent here
Starting point is 00:03:56 from Mexico and Venezuela. This peacetime use of the Alien Enemies Act is another example of this abuse of power by Donald Trump. We'll talk about what federal courts and the Supreme Court can do about it. And then the Supreme Court hears oral argument on a white person's reverse discrimination case claiming that they were discriminated against. We'll get some feedback on that and so much more at the intersection of law and politics.
Starting point is 00:04:25 Short intro, we got a lot to talk about. Let's bring Karen in. Hi Karen. Hello, Popak. How are you? It's so good to see you midweek. Thank you very much now that I've moved in to my new office podcast studio in an undisclosed location. New microphone, you know, that's a celebrate. And you know, you're busy running around being a lawyer. I'm running around being a lawyer, but our primary focus every week is to bring our best, bring our best analysis and commentary that we can
Starting point is 00:04:57 to these matters, because it matters. We're part of the resistance. We're watching, just to kick it off here, Karen, we're watching, just to kick it off here, Karen, we're watching mainstream corporate media just totally bend over for Donald Trump. MSNBC just fired friends of the show and friend of mine, Katie Fang and Jonathan Capehart and Joy Reid. All diversity anchors are now whites clean, just whitewashed off of MSNBC because they think that's okay,
Starting point is 00:05:27 because they want to curry favor with Donald Trump. CBS is considering now settling a ridiculous, meritless $20 billion case that Donald Trump brought following in the footsteps of ABC News that paid $15 million for no reason, as the social media platforms all do the same. Examples of Donald Trump using his bully pulpit and his public presidential power to benefit his private lawsuits. Another method of lining his pocket. So, you know, I have a belief that he has a goal of collecting
Starting point is 00:06:00 a billion dollars for himself and his family before he leaves office. And he's well on his way there after only five weeks. Carol, what are you observing about? Now, you're you're kind of in it with with both Midas. And are you still doing work on any of the place like CNN? You still doing that work? Yeah, no, I got a little much when I started practicing law full time. So, yeah, I had to I had to let that go. So, yeah, but you didn't let us go.
Starting point is 00:06:29 No, well, I can't. This is my home. This is my family. You know, I could never leave the Midas community ever. Yeah. Yeah. So what, what are, what are, what do you make? What do you, let's kick that off.
Starting point is 00:06:38 What did you make of the MSNBC? I don't want to ignore it. Of, of the heads rolling there and the type of people they decided that they didn't want on their network as we try to all figure out what the shape and contours of the resistance to the Trump's inhumane administration looks like. Look, I mean, it definitely feels and seems like decisions I don't quite understand. I don't understand why mainstream media is settling merit-based cases that I think they could win against Trump.
Starting point is 00:07:13 Is it because they're afraid he will use his bully pulpit to punish them? I mean, he's already banning certain reporters and certain reporting agencies from the White House press room. And that's access, right? That's important. At the end of the day, it's only going to be Fox News and his right-wing reporters who
Starting point is 00:07:36 are going to be allowed into the press briefings if he's allowed to continue on this way. I know AP was banned. And I just think what's happening with mainstream media is sad. It's sad. I don't know if they think they have to do it because of him or it's because of ratings or because of investors or what it is. But one thing I love about Midas is, and the thing that we always celebrate is we don't have editors, investors, we don't have anyone telling us what to do. We've always just been, I mean, you and I don't have editors, investors. We don't have anyone telling us what to do. We've always just been, I mean, you and I don't talk about, other than a list of topics
Starting point is 00:08:09 that we're going to talk about. That's all we do. It's not like to prep for this show. We are given materials by somebody who's telling us all the information. You give me, or I give you a list of the things I want to talk about. And it's half a sentence long. And you and I don't practice ahead of time. We don't talk ahead of time about what we're going to say. Nobody, our sponsors don't say, oh, make sure you do this
Starting point is 00:08:33 or don't do that. There's no outside investor that we have to worry about, that we have to make them happy in some way. We don't do anything for the ratings one way or another. I mean, it's nice to get lots of views, obviously, but we do things because this is what we do and we are beholden to ourselves and to our community and that's it. That I love and I think a lot of people are following suit, right? A lot of people are trying to replicate this successful model. Midas has what? 4.1 or 4.2 million subscribers out see out dethroned Joe Rogan as as the number one podcast I mean it's incredible right it's amazing and it's because we stay true to our
Starting point is 00:09:16 beliefs we're not we're not chasing ratings we're not chasing demographics the way what the way these networks seem to be doing I mean they're firing some of their best people. Why? Who knows? But they're chasing something other than the truth and other than just trying to tell people what's going on just unfiltered. And that's what I love about Midas. That's why I'll never leave Midas.
Starting point is 00:09:38 And that's why I'm just honored to be here with you every week, Popak, and to have the people here who are chatting with us, who are chatting with us live in the comments that I'm trying not to be distracted by while I'm talking and reading them, because as Catherine just said, truth is golden, which it is. So, anyway, I love being here. I love being here live with you and I love the legal AF community. So yeah agreed I reached out to Katie Fang She has a personal friend of mine and gave her my support personally and that of the show
Starting point is 00:10:12 I'd love to get Love to get Katie Fang to come over to the Midas Touch Network at any way shape or form Would have coffee whether soon in Miami and see if I can make something like that happen. And she's not the only one, but you know, you're right. People are, there's two things that we're watching. People are surging to this type of independent platform. Midas Brothers, number one, and you know, legally, I have no slouch either. We're top 10 in the world in all genres, which is crazy This is like the garage band that is now playing sold-out arenas
Starting point is 00:10:49 but it's it's a little bit of us and it's a lot of our audience and They want to fight and the resistance as I said takes many formats I mean some of it is pages out of the civil rights movement during the 1960s. We had a group of 20 protesters lie down today in a die-in in the Capitol Rotunda to protest US aid being put out of business. And they were all summarily arrested and I'm sure will be prosecuted by this Trump administration who sees absolutely no irony in the fact that they opened the jails and let out convicted insurrectionists that tried
Starting point is 00:11:30 to burn down our Capitol on a murderous riot. And they're going to put these poor people who are just doing what Gandhi and Martin Luther King Jr. said to do, which is to quiet. I mean, there's nothing more quieter than a die in. They're supposed to be dead. So a quiet civil protest and they get hauled off by the Capitol police. That's not the America that I want to wake up in every morning. There's a disconnect between the values of America. What makes us American?
Starting point is 00:12:01 When you ask somebody overseas, what is it American? What are the values that you think we exhibit that is our part of our DNA, the fiber of our being? What we think about ourselves as Americans, since we were little kids, and there's just a total disconnect between this administration, I don't recognize American values at all. And it's that depravity and that moral bankruptness that will ultimately be the undoing of the Trump administration. It's already a failed administration by any measure. The more the Carolyn LeVette, the press secretary says, they're winning, the more I know they are not doing that.
Starting point is 00:12:41 They're doing the opposite of winning. They're actually losing. And the federal courts, as we had hoped and we predicted, and now the Supreme Court is going to have to be the firewall to protect our democracy against an out-of-control, there's no other way to put it, out-of-control president who is rogue, who is not respectful of constitutional, institutional norms, and just as he wasn't when he was the criminal defendant, no surprise there. And you know, there's no better example of all of that than
Starting point is 00:13:12 what he's now doing at the trial court level that's now rose up to the United States Supreme Court level. We have two different filings an hour apart before we went on the air, one of them a letter, like a different filings an hour apart before we went on the air, one of them a letter, like a please help me letter from Donald Trump to the Supreme Court about the Office of Special Counsel, and the other one about US aid. First, why don't you give us an overview, Karen, of what you're seeing in terms of the 92 cases
Starting point is 00:13:41 and the 34 or more preliminary junctions, temporary restraining orders, and administrative stays. What's the takeaway that our audience should make from that, just that overall? We can talk about individual ones as the podcast continues, but just the overall body of work so far the first five weeks, what's your takeaway? Look, my takeaway is that in Trump versus the United States, that essentially made the Trump King made president's King because
Starting point is 00:14:10 they are above the law. Yes, that's criminal. He has absolutely nothing to fear. He has nothing to fear, but to go all out, do whatever he wants. There's no question he is doing things without any regard. There's no deterrent effect because nothing can happen to him. Congress won't impeach him because Congress is MAGA. Senate obviously won't, won't convict him because he won't be impeached, but he owns Congress, right? Both houses. So,
Starting point is 00:14:39 and the courts have basically said you can do whatever you want and there's no real consequence because what happens civilly, nothing's gonna happen civilly, right? He controls everything. He controls all of the agencies. And so rather than taking, so he has no fear. He's just gonna go in and do whatever he wants to do. And I thought it was really interesting
Starting point is 00:15:00 that Elon Musk was on stage at that conservative CPAC conference with the visual of the chainsaw. They're taking a chainsaw to government, not a scalpel. They're not taking a scalpel to remove the bits of cancer. They're literally amputating parts of the body off, just hacking away, and then trying to put it back together after the fact. The fact that there are 90-plus lawsuits already from good government organizations, whether it's state democracy defenders or the ACLU or just any people, there are people out there
Starting point is 00:15:37 who are saying, wait, there are real people here. First of all, Congress appropriates funding for certain programs, for certain jobs, for certain agencies, for people, for to give aid to people in the United States who need it. Congress passes these laws signed by the president. It is appropriated. The president can't just, quote, impound that money
Starting point is 00:16:04 and say, we're not going to spend it, or just fire the civil servants. These are civil servants, public servants. I was one for 30 years, you can't just fire them without cause. These are, these are positions that have protections. And frankly, they're really important positions. And they do incredible important work. I was listening to somebody, I can't remember who it was, who was like, Oh, gee, I'm sorry, the guy testing the the feces, I think it was John Stewart said something like, you know, the guy testing the feces in the water, you know, tell him his job is not important. I mean, this just the the what civil servants do is such important work. And you can't just go in and take a chainsaw
Starting point is 00:16:45 and hack it all off. And that's what we're seeing with these 90 plus lawsuits. People are going in and frankly, they're winning almost every one of them. And not only are they, and they're not winning because they haven't finished, they haven't been finalized, but they're winning what they're asking for,
Starting point is 00:16:58 which is stop, stop, press pause. And they're getting these injunctions from the court, these court orders saying, you can't do that, you have to do the status quo, and the court's seeing that they're lying to the court. It's like you have a duty of candor. I want to remind the lawyers that you have a duty of candor to the court. That's code for don't lie, right? I don't believe what you're saying, don't lie.
Starting point is 00:17:21 Or they're saying things like, you have until midnight tonight, I want to see that you did it. And then you've got Carolyn Levitt, the press secretary go up and say, Oh, no, we didn't rescind. We just rescinded the memo. We didn't rescind the money. The money's not going back. And the courts hear that. And they call them back in and say, you're lying to us. You're not doing, you're disobeying these court orders. And so the courts see what's happening, but what we're seeing though is that the Trump administration does not care.
Starting point is 00:17:52 In fact, there were confirmation hearings just today of Harmeet Dhillon had to testify and a couple other people who were before Congress, who essentially, it was also John Sauer, who's gonna be the guy with the gravelly voice, who's gonna be the solicitor general, and one other individual. And not one of them would say, oh, they were trying to get them to say,
Starting point is 00:18:16 do you agree that you can't, the executive branch and Trump can't just violate the law? And none of them would say that. It's like, well, sometimes you can, is essentially what their position is. So they basically, between that and Donald Trump, who says, who basically says, well, if I'm saving the country, then it's OK.
Starting point is 00:18:33 Then it's not illegal. Whatever that quote was, that he says that what they've signaled is we are above the law. And we don't have to listen to what anyone says. But thankfully, the courts so far have been able to Press pause because real people's lives are on the line and people who depend on on All of these all of these programs. Okay, great if you're a billionaire
Starting point is 00:18:56 Like if you're if you're if you're a billionaire in California and you can afford and you can afford a private private Firefighter to save your home, great, good for you. But all the normal people who need actual firefighters to come and try to save their home depend on the government, right? It's like the billionaires and the hundred millionaires and the millionaires of this country, they want to cut because they don't like paying so much in taxes. But what they don't realize is there's real people who, who actually rely on this and who need this and, and it's the farmers and it's regular people and civil servants. It's what it what's what make the world go around.
Starting point is 00:19:34 And it's what I think makes America great. And they don't realize it. And it's really scary. But thankfully, it seems like we're winning in the courts. Yeah, and just a little breakout tutorial. When a judge in federal court or state court makes a determination, whether you call it a temporary restraining order, the only difference between a temporary restraining order
Starting point is 00:19:54 and preliminary injunction is the timing at which it happens. Temporary, let's back it up. Let's give a more complete legal AF law school breakout session. An administrative stay is usually for hours, maybe a day or two. It's for the judge to be able to get the full briefing in, get everybody together, logistically get them into a courtroom either on Zoom or live and hold
Starting point is 00:20:16 a hearing and keep the status quo in place until that time. Next level up, temporary restraining order. Temporary restraining order is almost identical to what you have to prove to get the preliminary injunction. The difference is it is temporal. It's the time. Usually a temporary restraining order will last maybe a few days, a week, maybe a month at the most, depending upon the court's calendar
Starting point is 00:20:41 and the type of harm that's being, that's being, that's being, um, uh, is at the basis of the motion. The four elements of a temporary restraining order are the same as the four elements for preliminary injunction. It's just that a preliminary injunction, if granted, stays in place all the way till the end of the trial of the case. And from that point, from the preliminary injunction, generally,
Starting point is 00:21:03 you could take an appeal. You can't take an appeal, generally, from a temporary restraining order, although the Trump administration has and is trying to do that. Generally, appellate courts find that they don't have jurisdiction until we kind of turn the wheel and get to preliminary injunction.
Starting point is 00:21:19 The four elements are likelihood of success on the merits and irreparable harm are probably the two of the four that the courts focus on the most. Likelihood of success on the merits is what it sounds like. You, the party that's brought the motion, is likely to win at trial. The judge looks under the hood, takes a look at the evidence to date, some affidavits, some sworn statements, the law, the facts, whatever that person, the judge has in front of them and says, yeah, you're more likely than not on the scale to win. You have to have that as a threshold. Second threshold is that in order to get injunctive relief with the court's inherent or equitable power, you have to have a harm that can't be compensated by money.
Starting point is 00:22:05 It's irreparable. It's like literally the toothpaste is out of the tube and the egg is scrambled and it can't be unscrambled and it can't be put back in the tube. It's something that if this doesn't get blocked or stopped right now, people are gonna die. People are gonna lose their homes. People are gonna be in harm's way,
Starting point is 00:22:25 in a way they wouldn't be if the judge issued the injunction. So they have to find irreparable harm. We've talked a lot about on the podcast in an hot takes about judges questioning whether irreparable harm was present for an injunction. This has nothing to do with the merits of the case. Your argument as a plaintiff against Donald Trump as a plaintiff against Donald Trump generally takes the format of constitutional violation of some aspect of the Constitution, separation of powers, the spending clause, the appointment clause,
Starting point is 00:22:56 something like that, usually a First Amendment violation of some sort, an Administrative Procedures Act violation of some sort, because these agencies can't act arbitrarily and capriciously. That's what the law says. So we see all of that in one. Judge takes a look at all that, says, all right, you're going to win, okay, irreparable harm. The third is inadequate remedy at law, which is very similar to irreparable harm, usually means money is not going to help you at this moment in terms of, but we can't wait till the end of the trial. And the last is that the public interest tips in your favor. And so when you hear that a judge has issued an injunction or a temporary restraining order against the Trump administration, it means they have made a decision at this moment
Starting point is 00:23:42 that Trump's on the losing side of the case, that it is more likely than not a preponderance of evidence after a full trial will show that he has violated the Constitution, that he's violated the APA, that he's violated the First Amendment and due process clauses and the rest. And so we give it, not us, but the media gives a short shrift, oh, another preliminary injunction today. Oh, another temporary restraining order. It is extraordinary. It's extraordinarily hard to get one.
Starting point is 00:24:11 I've gotten maybe, I don't know, 35 years. I've maybe gotten less than 10 in my entire, between temporary restraining orders and preliminary injunctions. Maybe it doesn't. They're hard to get. You have to make all those showings out. And showing that you're more likely than not to
Starting point is 00:24:26 win or preponderance of evidence win is really, really hard. It's not just that he's losing provisionally or temporarily. Sure, could on the merits after more facts develop, the judge reverse course and go, I gave you the TRO, but I'm not giving you the preliminary injunction, happens rarely. Or I gave you the preliminary injunction, but I was wrong, and I'm going to undo it and give the other side the win at the trial. Could happen. But these cases aren't going to go all the way to trial. These cases are going to kind of end at the preliminary injunction, get brought up to
Starting point is 00:24:58 appeal in the various appellate courts, and then to the United States Supreme Court. So when we come back from our break, where we talk about how to support the show and all that, Karen and I will talk about the Supreme Court, which already out of these 92 cases, there's two in particular that have sort of burst through and are now up with the highest level of court, at least at this moment in time.
Starting point is 00:25:20 Many ways to support the show that Karen and I love dearly. Subscribe to the Midas Touch Network. Get it. Keep turning the odometer there of support. We have Legal AF, the YouTube channel that I curate, Legal AF MTN. We're dangerously close to 500,000 subscribers, probably two weeks away. Turn that odometer there as well. And then we've got our sponsors. Our sponsors are so important. So they were like, oh, it's the commercials. No. Oh, it is the commercials. Because this is the way that we can stay independent.
Starting point is 00:25:54 They don't tell us what to say. Quite the opposite. They don't tell us what to do. They don't say this person can be on the show or can't be on the show. Don't do that interview. Don't get rid of that anchor. No, first of all, we'd fire them before they fired us. That's the reality. But it's the opposite. They know our content. They know effectively our position on things. And yet they're here to
Starting point is 00:26:18 support us and to support you. So we're going to take a we're going to take a short break for our sponsors. And when we get back, we're going to pick up with where we left off, which is the Supreme Court, talk about Elon Musk and how he's making it very hard for the Department of Justice under Trump to tell the truth in courtrooms and what judges are doing about it. And then we're going to talk about this reverse discrimination where a white straight woman is claiming that she was discriminated against because a gay person was hired for the job that she wanted and the Supreme Court decided that was interesting and we should have oral argument about it. We'll talk about that as well.
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Starting point is 00:31:37 Z biotics is back with a hundred percent money back guarantee So if you're unsatisfied for any reason, they'll refund your money. No questions asked. Remember to head to zbiotics.com slash legal AF and use the code legal AF at checkout for 15% off. See that round of commercials, welcome back, was personally funny for me because it had we had an interesting combination. We had this room with all the boxes in after a move last week looked like a hostage video we had my old house because I had a record before I got with got with the movers but now I'm here and we're back and it's time to talk about the United States
Starting point is 00:32:19 Supreme Court as we entered the show and the recording we got a couple things that happened judge Ali in the District of Columbia, not to be confused with Judge Ali Khan, is a different judge. Judge Ali is pissed off and fed up and her hand is up to her chin with the Trump administration. She ordered them to unfreeze aid, several billion dollars worth of aid through an organization now shuttered called USAID, which helped people, downtrodden people in what we used to refer to as the third world all around the world from famine relief, AIDS, other medical conditions that require medevacs and things like that. I mean, this is just inhumane to have shut off that spigot, or as one judge referred to it, cut off the fuel supply to this, like a plane while it was flying, which is ironic
Starting point is 00:33:12 given what's happening with the FAA and this Trump administration. And Judge Ali Khan said, no, I now have to do a mandatory injunction. See, another legal AF breakout. An injunction is generally prohibitive. It tells somebody to stop doing something in order to return to the status quo. But because she ordered them to stop freezing the money, they didn't thaw out the money quick enough. And now she's ordered them to pay the money. That's a mandatory aspect of an injunction, you pay the money by midnight tonight, one minute before midnight tonight.
Starting point is 00:33:52 I mean it or else. They didn't like that. So the Trumpers with their acting Solicitor General, because they're soon to be Solicitor General, as Karen, you pointed out, is in confirmation process right now. She filed a petition to take it up to the United States Supreme Court about this issue. So now we've got front and center, can Donald Trump as the President of the United States unilaterally cut off funding appropriated by Congress, who alone controls the purse strings and do what's called an illegal impoundment of that money, rather than execute a money already allocated, can he cut it off completely, regardless of its ramifications and impact around the world? Does a president, through an executive order, have the ability to cut the legs out from
Starting point is 00:34:42 under a congressional spend order or allocation. That is at the basis of all of this doge cutting, must cutting, and I assume, I guess they want to use this case as the test case to take it to the Supreme Court. Carol, why don't you jump in with either what Judge Ali said and why she made this mandatory injunction for midnight tonight? Well, we won't be on the air at that moment, but we will report on it quickly. And what do you think the United States Supreme Court, you know the makeup of the Supreme Court, what do you think they do with this fundamental issue about the separation of powers? What I don't understand is they control Congress. I
Starting point is 00:35:20 don't understand, okay, if you no longer want to fund these programs, then just go pass a law. Have Congress do it properly. I mean, there's a way to get this done. If this really is a mandate that they think they have, then just get Congress to pass a law, change their mind. Okay, we're no longer going to appropriate funds to help all the people around the world that we've been helping all this time.
Starting point is 00:35:43 And then what can happen is Congress passes a law and then programs can wind down in an orderly fashion. But unfortunately, instead, they're just trying to just stop it before it goes out while there's food waiting in ports that is going bad and medication waiting in warehouses. I mean, there's like real life things waiting to continue on the journey of what was
Starting point is 00:36:06 already allocated. It's just being done in such a haphazard, crazy way. And the judges are basically saying, look, this is arbitrary and capricious, right? Those are legal words that no lawyer on the losing side ever wants to hear, right hear that you acted arbitrary and capricious. I mean, because it just means it's the opposite of being legal. It's the opposite of being deliberate. It's the opposite of being surgical. It's just you're just doing it without any consideration whatsoever of the law, of the rules, et cetera. So look, it's clear to me that they're going to lose all the way up to the Supreme Court. What will the Supreme Court do? Your guess is as good as mine. I
Starting point is 00:36:50 think the Supreme Court will ultimately not rule in Trump's favor. I don't think they can do this. Look, I'm really glad, Pope Hockey reminded everyone and you explained that you explained that getting an injunction is not, it's not like handing out candy, right? It's not easy. Getting a judge to order an injunction is such a high hurdle. It's such an extraordinary thing. It is a very, very big deal and hard to get. The fact that there's already over 40 injunctions against the Trump administration
Starting point is 00:37:27 really is all these judges, all these court cases are saying, you're going to lose. You don't even have a chance of winning. And by the way, the harm you're causing is irreparable and the damage is terrible. And so I think by the time they get to the Supreme Court, I don't think the Supreme Court is going to allow them to just violate the law and run roughshod around all of the various, all of the various controls and, and, and checks and balances, etc. that exists. So that that's what I think is going to happen. But the district court judges are all signaling and giving the Supreme Court exactly what they need to rule that way. I mean, do you, I mean, I know you follow the Supreme Court much closer in your, on,
Starting point is 00:38:13 on the Legal AF channel and you have the show with Dina Doll. So what are you seeing? I mean, I'd love to hear really your, your take on that, but I think this even is a bridge too far for the Supreme Court. And though they have the conservative majority. I think the reason, to answer a question you asked at the start of your analysis, the reason that they're not going through the court, I mean, through Congress, is because even though they have the quote-unquote majority, you can see it's a do-nothing Congress, they can't get anything done. They have a very slim majority. Hakeem Jeffries is effectively
Starting point is 00:38:43 the Speaker of the House on the Democratic side. And Trump knew that coming in. He knew he was going to have to rule by fiat, have to rule by executive order, and then take his chances where the chips may fall. They figured, you know, listen, the Democrats and the moderate groups and the public interest groups, attorneys general, we're playing the portfolio method also. We're filing multiple cases on the same issue in different courts, not to get a different result,
Starting point is 00:39:12 but just to make sure that we have the right judge, the right facts, the right ruling to take up on an ultimate appeal in the right appellate court to get to the United States Supreme Court ultimately, as we try to line up our best foot forward in all of these cases of the 60 or so executive orders that Donald Trump has issued. The top 10 that deal with issues that matter to you and me and our audience are all up
Starting point is 00:39:40 and like and adjoined, except for, I think, one. I think the success right now is over 98 or 99%. Doesn't mean the Supreme Court can't say, yeah, we don't agree with any of you. We saw that before. You know, we know the immunity decision started out as a very good decision by Judge Chutkin, and it was a very good decision
Starting point is 00:39:59 by the DC Court of Appeals, three, zero. And then when it got to the Supreme Court, they go, you guys are all wrong. That's not how you're supposed to analyze the separation of powers and the powers of the presidency when it comes to criminal conduct. They're like, it isn't. Why isn't it based on all the case law?
Starting point is 00:40:16 So they can just, you know, it's like an etch a sketch for them. It's not supposed to be, you know, and they're like, well, we're just gonna start all over again and make our own ruling. A couple of days ago, I talked about it on Pope Park Live, my show on Tuesday nights. A couple of days ago was the anniversary of the passage of Marbury versus Madison, which for lawyer geeks like you and me, back in 1807, it is the case that set the Supreme Court on its path to be a co-equal branch of government.
Starting point is 00:40:45 It wasn't for John Marshall basically interpreting what the Constitution said and saying, yeah, we're Article III. This is what we're supposed to do versus Article II and Article I president in Congress. It wasn't for Marbury versus Madison, in which I spent three weeks talking about Marbury versus Madison in my law school class. There wouldn't be a Supreme Court the way that we know it. A lot of people will argue, especially on the show, we don't have a Supreme Court the way it was envisioned by John Marshall. And I don't totally disagree with that.
Starting point is 00:41:14 Let me segue, oh, so Congress was there. I think the Supreme Court, I think if they had to take one case up, and there's gonna be many cases up on the same point, I feel pretty good about this particular case being on USAID. I think it is a violation of the separation of powers, the spending clause, the role of Congress.
Starting point is 00:41:40 Even this Supreme Court doesn't like executive orders making law. And it's the weakest way for a president. It's the easiest way for a president. What is it? It's a Sharpie, a blue folder, and a press conference in the Oval Office. Look what I did. Like a two-year-old with a paint set.
Starting point is 00:42:03 That's the easiest thing to do. But it's the weakest in terms of legal justification or bases, and that's why they often are found to be invalid. I think this one is going to be there too. Speaking of supreme, how I learned about Barbary versus Madison, my constitutional law teacher and scholar was the late great Walter Dellinger, Solicitor General under Clinton, Office of White House Counsel, and he had a son. His son is named Hampton Dellinger, who I used to play pickup basketball with at Duke Law School. He was at UNC, but he came over and played pickup basketball with his father's class.
Starting point is 00:42:43 We used to go over, little home week here, used to go over to this place called the Bubble at Duke Law School, which was next to a parking lot. It was like in the woods and we had one basketball court. We all played there. But Hampton Dellinger is a boy scout. He's devoted his life like his father and his mother. And Dellinger was the head of government studies
Starting point is 00:43:03 at University of North Carolina. He's dedicated his life to public service, being a lawyer in the furtherance of public service and was a perfect pick by Joe Biden, met any president, to be the head of the office of special counsel, which is not what it sounds like. The office of special counsel is not Jack Smith's of the world. The office of special counsel is a little bit of a misnomer. It is the office within the executive branch that is responsible, almost like an ombudsperson, to defend the interests and prosecute the interests of federal workers at places like the Merit Protection Service Board to make sure that their rights are upheld, to make sure that their civil servants' rights and labor union rights or whatever are upheld. It's a very important position.
Starting point is 00:43:51 It's usually a five-year term so that it overlaps and isn't politicized, but Donald Trump makes everything political. The only one so far he hasn't gone after that he threatened was Jay Powell, the head of the Federal Reserve, only because the Wall Street people around him told him, don't F with Jay Powell because he's the only thing that'll keep the economy spinning in the right direction and don't F with him and the market won't like it. Short of that, he's decided to fire the FBI director on a 10-year term and Hampton Delliger. Hampton Delliger wasn't going to take it lying down. He was like three weeks in or a month into the five-year term.
Starting point is 00:44:25 So he filed this motion for temporary restraining order, and he got it granted. And the judge said, we're going to do a preliminary injunction in a few days, maybe eight or nine days, but I'm going to give you a temporary restraining order right now. He is not to be fired.
Starting point is 00:44:40 He is reinstated as the head of the Office of Special Counsel. He's appearing in court through his office in places like the Merit Protection Service Board and all that. It's driving Donald Trump baddy because he doesn't want Hampton Dellinger. He wants some lack of his own choosing in that position. And so he's trying to remove him. And they filed all sorts of papers with the court to try to convince her not to put him back into that office. And they then took an appeal that we reported
Starting point is 00:45:12 on last week to the United States Supreme Court for stop John Roberts. And John Roberts and even the others took a look at it and said, this is a little premature. You're on a temporary restraining order. She's going, the judge is going to hold a hearing on the preliminary injunction in about five days. I don't know what your rush is. We're going to not deal with this. We're going to let the judge do her job. The trial court judge will see you all back here in about eight days.
Starting point is 00:45:35 Well, the eight days went by the judge held a hearing today, but she's not ready. She said, I need three more days. It's just three more days. She'd been, or she needs till Monday, March 1st. You know, it's a short month to finish the briefing, finish the reading, finish the writing, doing a 30, 40, 50 page preliminary injunction orders. Not ready. So she extended the temporary restraining order and it drove Donald Trump baddie. He wrote a letter through his acting Solicitor General to the clerk of the
Starting point is 00:46:02 United States Supreme Court asking the letter to be circulated to all the clerk of the United States Supreme Court asking the letter to be circulated to all the rest of the justices saying see we got to wait three more days and now he's appearing at hearings and he's asking for extensions on probationary workers being fired and so he's he's he's a fired a fired special counsel that's exercising executive power. Well, my God, I really, what, what did you make of the letter and the whining? And what do you think the Supreme court's going to do when they get that letter? She's only asking, so that you think they're going to intervene before March 1st?
Starting point is 00:46:40 No, no way. No, not without a doubt. I mean, I look, I don't know that Hampton Dellinger is going to win. But I'm really happy that he's pushing this. And of course, they're not they're going to let him have three more days. I mean, that's just an absurd thing. But you know, what offends me is all the taxpayer dollars that are going to have to that he's using the all of the Solitor general and all of the people, those are people all going to be paid by taxpayer dollars who have to go and defend Donald Trump's illegal
Starting point is 00:47:11 actions in court. It's just such a waste there. That's where the fraud and waste is. Why does he keep doing all these things and firing people illegally? And so, and then utilizing government employees who are paid by tax dollars, I'm gonna say that over and over again, because it's just, that is what the absolute waste is here, not the money that's going to others.
Starting point is 00:47:33 And one more thing I just wanna say about this, which is, you know, the thing, the irony that as you, as I listen to you say this, Pope Hock, and as I listen to you talk about this, all I could think about is how much money does Elon Musk get from the government as a subsidy, right? Or as contracts or as whatever you want to call it. How much taxpayer dollars does Elon Musk continue to get and has gotten since Donald Trump has taken office? Where's the cutting there? Why is he only taking money from poor people? That's exactly what he's doing.
Starting point is 00:48:06 He's taking money from the hardworking men and women around this country who are the civil servants and the people who are working hard, middle-class Americans, and people who need it, people who are either down on their luck or for whatever reason aren't making ends meet. Really, the people who really need the money are the ones who are either down on their luck or for whatever reason aren't making ends meet. Really the people who really need the money are the ones who are getting cut. Not him who is the biggest, he's probably one of the biggest government subsidized people in this country.
Starting point is 00:48:35 Yeah, he is. He's made billions and billions of dollars every year. I think he's got contracts totaling over $4 billion before he even took office. That's why he could stroke a check to Donald Trump for 10 million to pay off because X deplatformed Donald Trump. Taxpayer dollars is a very good point, Karen, because we're watching a president use our taxpayer dollars to prosecute his private lawsuits. our taxpayer dollars to prosecute his private lawsuits. You know, the CBS lawsuit that we opened the podcast with, the ABC lawsuit that he brought against George Stephanopoulos, the case against Ann Selzer, the Iowa pollster. Those are all private, Donald Trump as private individual.
Starting point is 00:49:21 I don't really get why the Supreme Court thought it was okay to let him off the hook of criminal prosecution, but think it's okay for a sitting president to prosecute private matters in a courtroom. If he's not tied up and distracted by these lawsuits and collecting all the money, which they're only paying him because he happens to be the President of the United States, that's how he's lining his pocket. And he's using, as you said, the Department of Justice, and he's using taxpayer dollars for all these crazy lawyers that are gonna have to go in crazy lawsuits that he has to try to defend, which is, you know,
Starting point is 00:49:55 he was the first one to say, oh, Jack Smith spent $15 million of American taxpayer hard earned dollars on a trumped up whatever. Like it's gonna be a hundred100 million of Department of Justice money that he's going to waste. I don't know if you caught this, when he went to Miami, took about wasting taxpayer dollars, when he went to Miami to address an economic summit last week, he took Air Force One from West Palm Beach to Miami. It's 63 miles. And he flew Air Force one or whatever it costs per per hour of taxpayer dollars to go there instead of taking like, you know, driving a car for like an
Starting point is 00:50:36 hour. How much how much did it cost for Trump to go to the Super Bowl? Oh, or any of them? No, seriously, the Trump to go to the Super Bowl, with all the secret service agents, right? Millions. All the, every one of them has to be put up in a hotel. Every one of them has to be paid. You know, it's like the amount of money it cost for Donald Trump to attend the Super Bowl, your millions of dollars. Yeah, at least, at least. And that is all taxpayer dollars. That is, and you know when he settles the CBS case, where's that money gonna go?
Starting point is 00:51:12 Him. Exactly, exactly. It's the biggest scam of waste, fraud and abuse there is. And we are sitting back watching it happen. Yeah, well, we're watching it happen, but we're actively doing our own version of resistance. Right. And I'm glad you're all here. We're many ways to support us. I'm watching the chat.
Starting point is 00:51:35 I always love the chat. Like if I go long winded on an issue or you go long winded on an issue and like somebody watches at that moment, they're like, where's the other person? Like, what happened to Karen? Where's Michael? Like when I'm out with Ben and Ben goes on a rant and I go out and get a sandwich sometimes, but where's Popehawk, free Popehawk? But Salty's like, blame me, I'm the producer. I'm the one that's supposed to keep this on schedule.
Starting point is 00:52:00 Speaking of on schedule, many ways to support us what we do here, we're a little giddy. Hit the subscribe button, it might as touch, come over to Legal AF, the YouTube channel, Legal AF MTN. Hit the subscribe button there, help us turn our odometer over to 500,000. We have a Patreon, patreon.com slash Legal AF for some original content as well.
Starting point is 00:52:20 I don't know about Karen, I got a substack. It's a Michael Popak substack, and we're putting a lot of new content on there and building that audience as well. And then we've got our advertisers, our sponsors, really, really important to everything that we do. Frankly, to be frank, if we did not have our sponsors, we would not have a show. And they're the perfect support system, the perfect jet fuel for our network because they
Starting point is 00:52:49 don't tell us what to say and they don't require us to do anything other than tell the truth in our best analysis. And that's all we can ever ask for. Jordy's helped us curate these sponsors. We've tried all the products. We're not telling you if you don't have the money, but if you have the money and it's something that you find interesting
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Starting point is 00:55:32 The only way to get 20% off is to go to joindeleteeme.com slash LegalAF and enter code LegalAF at checkout. That's joindeleteeme.com slash Legal AF code Legal AF. This episode is sponsored by Laundry Sauce, which is an incredible new product that I am obsessed with. In fact, I gave it to everyone I know for the holidays and I know people who are now ordering it and subscribing. It's really fantastic because everybody hates doing laundry. Let's be real, I don't like doing laundry, but doing laundry is something everybody has to do, but laundry detergent hasn't changed over the years.
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Starting point is 00:57:49 And we're back. I do love laundry sauce, by the way. It's incredible. I love all my sponsors. No, but laundry sauce, it's one of those things. My wife does. But you're like, why didn't someone else think of this sooner?
Starting point is 00:57:59 You just, you're granted that all laundry detergents basically smells the same, is the same. It was so nice. I gave it to everyone for Christmas. It comes in this beautiful box basically smells the same, is the same. It was so nice. I gave it to everyone for Christmas. It comes in this beautiful box. It's like, it's incredible. We were packing to move and my wife was in the laundry room and I turned around and she
Starting point is 00:58:15 had like five of these boxes that you're talking about of laundry sauce. And she looked at me and says, can we take all these? I'm like, yes, babe. Take them all. It's true. It's like this thing. You're like, you don't think about laundry, like you're just like, Oh, let me grab the dirt, whatever. It's all the
Starting point is 00:58:31 same, whatever. But anyway, laundry sauce is like this really incredible. And that makes me look around and be like, what other things do we take for granted that we should like make it, you know, incredible stuff? Well, you know, who's not using laundry sauce or doing really apparently any laundry is Elon Musk, because every time I see him including a cabinet meetings, he's just he just he's just dressed head to toe Like some sort of perverse Johnny Cash or Grim Reaper just the man in black
Starting point is 00:58:55 Wearing black on black black on black t-shirt black on black pants Ill fitting jacket and a baseball cap while he's addressing what appears to be, I know this looks like the island of misfit toys, but this is the cabinet for Donald Trump. This is what they look like when they're all together. Pete Hegseth from Fox and Friends, Marco Rubio, the no-show job senator, Burgum, RFK Jr., how the heck did he get in that room?
Starting point is 00:59:23 Linda McMahon? from World Wrestling Federation and Elon would do we have the video with Elon Musk in the room because we're gonna talk about Elon Musk next so Elon Musk Gets brought in to the cabinet meeting where Donald Trump that now it looks like a hostage video because now One point Donald Trump to try to prove that he's in charge, turns to the cabinet and says, well, how do you, he's doing a great job, right? Is everybody, anybody here dissatisfied with Elon Musk? We already know a rebellion has broken out among the MAGA cabinet. All of them have said ignore Elon Musk, while at the same time, they're doing nothing about Elon Musk undermining their constitutional authority.
Starting point is 01:00:05 I just did a hot take about Marco Rubio ordering that certain funding related to USAID that we talked about earlier, go to things like AIDS prevention in Africa and some other aspects of it, and two tech bros, doge bros that worked for Elon Musk got their hands inside the server and inside the payment portal and countermanded and vetoed Marco Rubio, the Secretary of State's direction. What did he do about it? There's only two things he could have done about it if he had any gravitas. That was my nice way of putting it. one, he would threaten to quit unless it was reversed, right? Or two, he quits. He's not doing any of those things. And that is the problem. And then you've got the split screen of the Department of Justice under Donald Trump looking federal judges
Starting point is 01:00:58 in the eye and saying, I'm sorry, I'm sorry, man, Elon who? Elon Musk. He's just a special advisor. He's like Anita Dunn that used to work for Joe Biden. He doesn't have any outsized powers. He doesn't even run Doge. He's not even in Doge, really? Well, all I would do is if I'm the lawyer for any of these groups is bring back to Judge Chutkin, Judge Amy Berman Jackson, Judge Ali Khan,
Starting point is 01:01:19 and the rest that are handling these matters and show them the video of Elon Musk lording over the cabinet and And the stories that are already out there that are all true about about Elon Musk's team turning off the funding pipeline despite congressional appropriations of it to show the true power that he has. I mean, there's a reason Karen, did you catch the toe sucking AI deep fake?
Starting point is 01:01:43 Yeah, that was really disgusting, actually. But it's a great sign of resistance from within, of government workers who had that running on a screen. This is kind of obscene and disgusting, but it was funny to see Donald Trump sucking the toes of Elon Musk with Long Live the Real King over it as HUD workers returned to work on a loop. Because, as I said at the top, resistance takes many formats. What do you make of many forms? What do you make of the Elon Musk role, true role within the government and how it's being portrayed to federal judges in these hearings?
Starting point is 01:02:18 Yeah, it's just look, the president gets to nominate his cabinet and his people who are at high level positions. And the Senate has a role that is provided for in the constitution that says, yes, the president can nominate someone and they can appoint someone, but with the advice and consent of the Senate, there's a real role there where the Senate plays a role in picking the executive branch.
Starting point is 01:02:46 And that's really important for people who have big jobs, important jobs, high level officers and that's what these hearings are for. What they're trying to do is they're trying to be too cute by half by putting, making essentially Elon Musk the single most powerful person in government, but saying, oh, he's nothing. He's nothing to see here. He doesn't have any position. He doesn't have any power. He doesn't have any real authority.
Starting point is 01:03:11 And they're doing it to try to get around this pesky little requirement in the United States Constitution that does require people to have to answer to the American people and disclose things like conflicts of interest and actually be qualified for the jobs that they hold. That's what the Constitution provides for. Well, like I said, they're trying to get around it and I'm trying to think about how to explain it to people so they really understand the gravity of how serious this is.
Starting point is 01:03:41 This we joke about the first buddy and he brings his kid around and wears a t-shirt as if he's not really in an official position. But looks analogized to flying an airplane, a commercial airplane. And the reason I'm picking this analogy is because what is up with all of the either airplane crashes or near misses that are happening ever since Donald Trump and Doge has is basically essentially done away with A lot of positions at the FAA. I mean, it's just shocking to me what's happening. So let's talk about planes, right? So Pilots have all sorts of training that they have to go through They have a rigorous process that they have to go through to become a pilot right? You know, not anyone Thankfully, no one's gonna let me just go sit down and fly an airplane. Well, you know, the pilot will get
Starting point is 01:04:31 paid for their job. Obviously, they'll have rules that govern everything that they're supposed to do and regulations. They sit down, they do all kinds of checks, right? Before they take off on their airplane, they do all sorts of their own checks of the airplane to make sure that it's safe to take off. They talk to the control tower. There's lots that happen to go and fly this airplane. Well, what they're doing is they don't want Elon Musk to have to go through all of the things that have to be done to keep us safe,
Starting point is 01:04:58 the rules to fly the airplane. So what they're doing is they're just letting them sit in the cockpit and the pilot will get up and let him fly every once in a while and maybe fly the whole time. Who cares? But when push comes to shove, the pilot will be like, No, but I'm the actual pilot, right? That's my job. I'm the one wearing the uniform. I'm the pilot, but it doesn't matter. Elon Musk is flying the plane. And that's what's happening here with the federal government and courts are starting to see through it. They are seeing through it perfectly. And they're basically saying bullshit. They're calling bullshit. And they're seeing that he is, that this is more than just an advisory role
Starting point is 01:05:37 and they're not gonna let him get away with it. I think there's gonna be some consequences to this. And I think the courts are gonna start to rein it in. And like you said, this cabinet meeting is exhibit A of really who he is and what he is. Why is he the one who's speaking to the cabinet? Why is he the one holding press conferences and answering press questions in the Oval Office
Starting point is 01:06:03 while Trump sits there at the resoluteute Desk, you know, basically babysitting Elon Musk's kid. I mean, he's really the one in charge. And I don't know where JD Vance is, other than off-flying around the world, you know, supporting extreme, you know, talking about right-wing governments, et cetera. But it's just crazy to me, you know, that what's going to happen. And I really think that the judges are going to call out the government for frankly lying and trying to pull a wool over the court's eyes because Elon Musk is definitely more than just hanging out.
Starting point is 01:06:38 Yeah, yeah. I think, isn't it Elon Musk kid that wiped something on the Resolute Desk and now the Resolute Desk is out for repair? Did you hear that? Yes. Yes. I mean, the kid put a yes, thank you, Adam. Salty, the kid put a booger on the Resolute Desk.
Starting point is 01:06:56 I think it was Musk's kid and they sent it out for cleaning. Because Trump's a germaphobe. Right. Yeah, he's also disgusting too. And by the way, how much is that going to cost, the taxpayer dollars, to have it officially cleaned? No, but all these things add up. $10,000.
Starting point is 01:07:13 Yeah, of course. Exactly. That's where the waste is. Right. Yeah, of course. Ridiculous. So, I mean, this using the, we didn't get a chance to talk about it, but using the Alien Sedition Act, we'll touch on it here, from 1789 to declare, to have a phony war declared in order to take out, you know, drug lords from America. You know, the 1798 Alien Anomies Act, Alien Sedition Act,
Starting point is 01:07:40 which was passed in advance of, you know, we were about to go to war with France, which was passed in advance of, you know, we were about to go to war with France, and we were worried about French sympathizers within the government and outside the government. And it's been used just three times. It's only when there's a declaration of war, although the president can do some things in advance of the declaration of war, if there's a surge across the border or within the country or an invasion that has to be repelled instantly. That's what we have, the slow walking, undocumented that have been here for years. That's the invasion. It has to be an enemy country where combatant is against us on one side and has sent their agents into the country that need to be expelled.
Starting point is 01:08:24 We don't have that. Mexico is not at war with us. Venezuela is not at war with us. Sure, I don't know where exactly some of these drug gangs come from, but it's not because the state of, they're not state controlled terrorism. But Donald Trump's gonna try to use it.
Starting point is 01:08:41 We've used it in the War of 1812, World War I, and World War II. We put Hungarians, Germans and Japanese in internment camps. Japanese, these are all Americans, including the Japanese Americans, because of, under it. All turned out to be a violation,
Starting point is 01:09:02 even during wartime, let alone peacetime of our Constitution and the Constitutional rights of people. And so Donald Trump apparently is going to do what he threatened to do and what Project 2025 said it was going to do is to use it to turbocharge his deportation policies. And that's going to end up right at the right on the doorstep of the United States Supreme Court. But this is the this is the Pandora's box, as you said at the top of the show, that John Roberts opened by leading and writing the immunity decision because this is the lesson that Donald Trump learned.
Starting point is 01:09:39 I'm unstoppable. I'm unbreakable. I'm unstoppable. And I'm going to this is going to be my legacy over the next four years, which is completely destroying the relationship between the US, the United States and the US economy, the relationship between the US government and the US people. That's his mission. Now that he's, now that he's in office, um, it's going to take an act of, you know, a brave act of a federal judge, maybe like
Starting point is 01:10:06 Chutkin to bar and ban Elon Musk from government. You know, and that's where this is heading, is to determine whether a special advisor can wield the powers that Donald Trump has delegated unconstitutionally to Elon Musk, yes or no. It's a question for federal courts and ultimately for the United States Supreme Court. What did you make of, just to finish off, round off our topic, what did you make of the oral argument on the white straight woman who was suing
Starting point is 01:10:37 for a discrimination violation because she didn't get the job and a gay guy got it? And how the Supreme Court oral argument, A, that they even took that case. You know, anytime they start lifting under the hood and start tinkering in areas like this, gets me very nervous. And then I didn't feel any better after listening
Starting point is 01:10:56 to the reports of the oral argument. Webb, how about you? I mean, look, the question here isn't whether she was discriminated against because this is a woman who, I think she's in Ohio and she is heterosexual and a white woman and she got very good reviews, performance reviews and she at her job and she was up for a promotion and she interviewed the person who was interviewing her is gay and chose someone gay. And she said she was discriminated
Starting point is 01:11:35 against and the lower courts, essentially what they're arguing about is what's the standard she has to show in order to win? Is it the same standard? Is it different because she's in the majority versus if she were in the minority group? Or is it the same standard or is it a different standard? And I think that the court is going to say no, Title VII of the Employment Act
Starting point is 01:12:02 doesn't allow you to have different standards, that it's the same standard. So they're not gonna rule on whether or not she was discriminated against, but they're going to rule on what was the standard. And I think that it seemed like everyone agreed that that's the case. And I think that the Supreme Court's gonna rule
Starting point is 01:12:20 in her favor. That's what I took from it. Is that what you took from it? I agree with you, including the democratic wing of the Supreme Court, even Kagan, you know, who is openly, I think, Kagan's openly gay, right? I'm not sure. Did I just out her? I doubt it. I doubt it. I think she's openly gay. If I'm wrong, I will correct myself on a hot topic.
Starting point is 01:12:41 I don't know. I just, I don't think about the sex lives of the Supreme Court. No, I don't either, but I'm, on a. I don't know. I just, I don't think about the sex lives of the spring. No, I don't either. But I'm just saying, I just don't know. Yeah, yeah, I'm pretty sure. I'm pretty sure she's but but, yeah, so I yeah, I think this, this is not gonna, we're not gonna like the precedent that's being set here, I don't think, ultimately about, about it. It's it just, you know, it may not be exactly another attack on the LGBTQ plus community,
Starting point is 01:13:05 but it sort of is in its own way, in its own shape. We got other reporting that we won't have time to cover tonight that came out. Pam Bondi has announced that there, I guess there's more Jeffrey Epstein files that are coming out and being released. I guess these are the ones that don't have Donald Trump's name on them.
Starting point is 01:13:24 Flight logs and all sorts of things. I mean, I hate to say so. But at this point in time, with the lawsuits that are working on the compensation to the victims of Jeffrey Epstein, Jeffrey Epstein having hanged himself in jail. I mean, the fact that he is, that we are still talking about his files and the Pam Bondi,
Starting point is 01:13:47 again, back to your thematic, Karen, wasting taxpayer dollars, having somebody review the files and release them, because it's important to Donald Trump. Because why? Because Bill Clinton's name is on it. Because people went to the island. There's a lot of people that went to that island, I'm sure, that didn't all participate in sex crimes on it. Who salted just said he's on who's the he Trump Trump's on it. Trump. I was on the flight
Starting point is 01:14:16 logs that were just released by by Donald Trump's own Department of Justice. Yes. Okay. He says he I don't know if they were in the not the current right in the past. Yeah, right. We got copies Yes. Okay. Let's see what he says. I don't know if they were in there. Oh, no. Yeah, not the current, right. In the past. Yes. Right.
Starting point is 01:14:30 We got copies of things. And I'm talking about the BS that Pam Bondi is putting out as a smoke screen is not going to have Donald Trump's name on it. He's going to say, see, see Bill Clinton's name was on it or whoever's name was on it. My name wasn't on it. You know, because he's trying to, again, using our taxpayer dollars, wasting our time with his retribution campaign. You know, I don't know if you caught this, Karen. You know, he took special delight.
Starting point is 01:14:51 I mean, I love the fact that this is what animates him every day. He gets up in the morning and brushes his teeth about how I can abuse or embarrass lawyers and Jack Smith. You know, he took away Covington's major law firm in Washington's security clearance, so they can't represent people who have whistleblowers, who have security issues, because to get them back for helping Jack Smith in his personal matters. He actually said, I'm lingering on this one, on the signing of this executive order. By the way, that was so performative. OK, if you want to, if you want to like the fact that he signs
Starting point is 01:15:27 an executive order that says we're going to take away the security clearance of this law firm, that's not an executive order. That's ridiculous. It's so performative to do that. And then he says, I'm going to give the pen to Jack Smith. Like, yeah, it's just a ridiculous, vindictive, petty. I feel like I'm talking to a seven year old. I know. I know. Although I was just arguing with somebody that was off camera. I was our next time I argue with my producer salty. It's gotta come on.
Starting point is 01:15:53 He was like, I was arguing with the chat, but on camera. Well, we've reached the end. Pope box gas. I've reached the end of another midweek with one of my favorite people in the world. We gotta get Salty on here. Salty is this mystery man behind me. People think we make him up, that he doesn't exist.
Starting point is 01:16:15 I know. There's a guy. Who is he? Salty just wrote, I'm not making this up, he just wrote in the chat, AI. I'm AI. He's like, how from 2001 Space Odyssey? I'm turning off the oxygen now, Popak.
Starting point is 01:16:33 All right, well, I'm giddy, so let's- We're like, punchy. We are a little punchy, but you are one of my favorite people on Planet Earth, so I'm really glad that we get together every week here on the Midweek Condition of Legal AF. You know all the ways to help us. Somebody wrote in the chat, you don't really need some sponsors. I'm sorry, I don't understand that business model. I don't get it. But in any event, we do. We did. We support
Starting point is 01:16:57 you. They support us. It's a great ecosystem here. Hitting the subscribe button, which is free, is really helpful. Going over to Legal AF, helping us continue to grow that pro-democracy channel is I'm going to go ahead and put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen.
Starting point is 01:17:11 I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen.
Starting point is 01:17:19 I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to put it on the screen. I'm going to great all my different haircuts over time all all memorialized on that ad. I love watching the ad and I'm like oh I needed to do my roots you know it's like you see all the little like things you're like I was showing my hairstylist I got my haircut today
Starting point is 01:17:39 I was showing the guy that cuts my hair I was like hey look see this one from two days ago three days ago I really like that one Let's see if we can get back there. But any event, all kidding aside, we really do appreciate everybody. I think we hit legal Midas Touch hit 4.2 million subs tonight odometer term during Legal AF as always. As always. Two million was hit during our show.
Starting point is 01:18:02 And I forget about three million, four million. We're about to hit 500,000. My goal is one million for Legal AF before our one year anniversary. I think we can get there at the rate that we're going, but only because of our tremendous audience. So until our next Saturday edition of Legal AF with Ben, my Salas and me,
Starting point is 01:18:19 all the hot takes that we do over here on the Midas Touch Network and over on Legal AF, shout out to the Midas Mighty and the Legal AFers.

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