Legal AF by MeidasTouch - Legal AF Full Episode - 5/14/2025

Episode Date: May 15, 2025

Michael Popok and Karen Friedman Agnifilo anchor the midweek edition of the Legal AF pod and debate: how Trump is selling the presenting and influencing peddling on his tour of the Arab countries; whe...ther the Supreme Court will pull the plug on birthright citizenship or hand trump another loss tomorrow during its oral argument; how federal judges are resisting Trump’s use of the Alien Enemies Act; Judge Hannah Dugan firing back at Trump using his own case against him in her criminal indictment case; and so much more at the intersection of law and politics. Remi: Go to https://shopremi.com/LEGALAF and use code LEGALAF at checkout for 50% off. Viia: Try VIIA Hemp! https://viia.co/legalaf and use code LEGALAF! Armra: Head to https://tryarmra.com/legalaf or enter promo code: LEGALAF to receive 15% off your first order! Qualia: Head to https://qualialife.com/LEGALAF and use promo code: LEGALAF at checkout for 15% off your purchase! Subscribe to the NEW Legal AF Substack: https://substack.com/@legalaf Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript
Discussion (0)
Starting point is 00:00:00 Nothing hits like playoff hockey. The road to the cup starts on FanDuel, your home for live bets all playoffs long. With new features like live SGPs, build a parlay, any game any period, or stack multiple matchups onto one slip with same game parlay plus. What's better than playoff hockey? Overtime playoff hockey. Get more from the game with live overtime markets. Download FanDuel today and get more playoff action with North America's number one sportsbook. Please play responsibly. 19 plus and physically located in Ontario. If you have questions or concerns about your gambling
Starting point is 00:00:25 or the gambling of someone close to you, please contact Connects Ontario, 1866-531-2600 to speak to an advisor free of charge. Podcasts are great because they help us make the most out of our routine. We learn about the fall of the Ottoman Empire while we drive, keep up with news while we take the dog for a walk,
Starting point is 00:00:40 or turn folding laundry into a comedy show. Make the most out of your time with the PC Insiders World's Elite MasterCard, a credit card that can get you unlimited free grocery delivery and the most PC optimum points on everyday purchases. The PC Insider's World's Elite MasterCard, the card for living unlimited. Conditions apply to all benefits. Visit PCFinancial.ca for details.
Starting point is 00:01:00 What's better than a well-marbled ribeye sizzling on the barbecue? A well-marbled ribeye sizzling on the barbecue that was carefully selected by an Instacart shopper and delivered to your door. A well-marbled ribeye you ordered without even leaving the kiddie pool. Whatever groceries your summer calls for, Instacart has you covered. Download the Instacart app and enjoy $0 delivery fees on your first three orders. Service fees, exclusions, and terms apply. Instacart app and enjoy $0 delivery fees on your first three orders. Service fees, exclusions and terms apply. Instacart, groceries that over-deliver.
Starting point is 00:01:29 Well, as the president of the United States continues his influence peddling scheme, now going abroad to the Arab countries, in Riyadh and other places, announcing deals, some of which were in the works during the Biden administration, bringing along his true, true cabinet. Not the ones that are responsible for, you know, running agencies and things like that and departments. You know, the oligarchs, the tech pros, all those like Elon Musk that want to make money
Starting point is 00:01:58 in Saudi Arabia and in Riyadh, you know, in Riyadh, and in Qatar and all that. You know, I thought the big announcement, Karen, was gonna be some sort of peace deal somewhere. But for Donald Trump, a big announcement has to do with transactional, has to do with a deal, has to do with I'm getting a giant plane, has very little to do with how he helps the American people
Starting point is 00:02:20 or fulfills any of his campaign promises. But we have that as the backdrop, but things are still going on in the United States or fulfills any of his campaign promises. But we have that as the backdrop, but things are still going on in the United States while Donald Trump goes on his influence peddling tour, selling off America one piece at a time. We've got a huge, and we've got New York. Look at me, listen to New York.
Starting point is 00:02:38 It must be Karen's apartment. Is that your apartment? Yeah, you know, sometimes it's really loud outside. What can I say? All right, okay. Sometimes the life intrudes. Okay, we have, I can't put a too fine a point on this. We got a momentous Supreme Court decision
Starting point is 00:02:52 or Supreme Court oral argument tomorrow. Gonna be live on Legal AF. Yeah, of course. It's gonna be live on Legal AF. We're live streaming this 10 a.m. start. Usually they're on the bench by 10.05. We'll be doing commentary before, during, and after. I got Dina Dahl who's doing commentary before.
Starting point is 00:03:11 She's gonna join me after. We're doing it in the chat about, well, it looks like it's about birthright citizenship, but it's really about nationwide injunctions. And even though there's been 13 or so emergency applications by the Supreme Court, this is their first one, Karen, about a Trump policy as an oral argument. All the other oral arguments before it
Starting point is 00:03:32 were about older cases that have been kicking around for the last couple of years through the Biden administration. But this is the first one, and they took up this case, which gives everybody a little bit of concern. But we're gonna do a preview of tomorrow, like a little bit of a watching or listening guide for tomorrow's oral argument.
Starting point is 00:03:50 Then we got some developments in the area of the Alien Enemies Act, including a new ruling that's come out by a Pennsylvania Trump judge. And she's an outlier. We've got four judges have all found Donald Trump improperly invoked the alien enemies act because we're not at war really with Venezuela and a foreign terrorist organization doesn't count. But not this judge. We'll talk about judge Haynes in Pennsylvania and her ruling and what it
Starting point is 00:04:16 means while judge Zinnis in Maryland. There we go. Judge Zinnis in Maryland has more on her hands because at the end of the day, the Trump administration may be lying to the American people about, well, we're never bringing a Brego Garcia back. But in secret filings and sealed filings with the court,
Starting point is 00:04:37 they're saying the opposite. They're saying they're working on a diplomatic solution and the Brego Garcia lawyers have have had enough and the media has had enough with the secret filings and the Supreme Court has said that that Judge Zinnis needs to get to the bottom of what steps are being taken to facilitate Abrego Garcia's release from an El Salvadoran prison and we're on forget about the 120 days or whatever this is of the administration you know we're on like day 70 or more of Abrego Garcia being illegally held as a hostage in a El Salvadoran jail. So we got developments
Starting point is 00:05:12 there as courts around the country start to release from ICE detention graduate students for the crime of speaking out and exercising their First Amendment rights. And then we've got the courageous case of Judge Hannah Dugan, profile and courage. And it's not what you do when you've been floored and you hit the canvas. It's what you do when you dust yourself off and then dust yourself off at the next punch you throw. And so Hannah Dugan was indicted for the BS made up crime of
Starting point is 00:05:50 administering justice in her courtroom as a state court judge in Milwaukee, Wisconsin. But she's also filed a motion to dismiss and I'm gonna leave the audience a little bit in suspense but you can leave guesses in the comments tonight. She cited a case as grounds to have her indictment dismissed and which we're gonna go over in detail here. And guess, I'll give you one guess, which Supreme Court case she cited to give herself immunity. I'll make it, I'll spot you a couple letters.
Starting point is 00:06:23 Starts with a T and it ends with a P. And we're gonna pick it up there with one of my favorite co-anchors. I almost said the favorite, but then we get mad at me. Karen Freeman Agnifilo, we're here on the Midas Touch Network, fresh off a win for another podcast. What's the name of that podcast again?
Starting point is 00:06:40 The Midas something brothers, sisters podcast? Yeah, they won Webby of the year Holy cow will run some b-roll of them accepting the award Down in lower Manhattan the other day I'm so proud of them and proud of you my podcast partner for all the work that you do inside the podcast studio and in Real life. How are you? I'm good. I'm good. I'm really happy to be here a lot going on Trying to keep up with all of the flooding the zone that this president of ours does.
Starting point is 00:07:08 I think the strategy is to throw so many things out there and of course we have to chase them all because they're all criminal. And you kind of forget some of them. You don't notice some of them or some aren't as bad as others. So you're kind of like you're numb to it. You're like, well, how's that so bad? But the the grift continues. I just can't get over the airplane and the cryptocurrency scam that he's involved in and that he's he claims he's going to save people the taxpayers money by accepting a 400 million dollar plane from the Saudis. OK, so I need I want Air Force One. I'm going to say 400 million dollars from the Qataris
Starting point is 00:07:45 Oh, I'm sorry. You're right from the Qataris. I apologize. I can't even keep track of who's trying to get The grift of the bribes exactly the Saudis are the crypto are the crypto memes the meme coins But but so so the Qataris want to give him a 400 million dollar plane And this is the very definition of gaslighting, right? Because he'll say, oh, saving taxpayer dollars. Of course, why wouldn't I accept this? You know, instead of spending hundreds of millions of dollars on a plane that Boeing is creating
Starting point is 00:08:17 for Air Force One or PS, the cheapest way to do this would be to just use the perfectly good Air Force One that already exists But no, that's not good enough for him So he needs a new plane and he wants to get this 400 million dollar one But what he doesn't say is it's going to cost more money to retrofit that first of all to take it apart Piece by piece to make sure there's no hidden bugs or anything, right? You have to from an intelligence perspective figure, figure out that there's no surveillance or
Starting point is 00:08:45 anything in there. Also, you have to bomb proof it, you have to bullet proof it, you have to equip it with all of the various capabilities where he can receive information, transmit information. I mean, it's really a souped up White House in the sky. That's what Air Force One is designed to do. It's designed to be in the air if there's a catastrophic event on the ground. And so that's going to cost more money to retro taxpayer dollars to retrofit that so that it can serve as Air Force One. And it's not going to be around. It's not going to be ready in term for Trump's term. But he that's okay, because once the taxpayer dollars are spent to retrofit it, he plans on keeping it as his private plane. That's just preposterous. That is
Starting point is 00:09:34 outrageous. And it is a scam. It is criminal. The fact that the Qataris are going to have basically own the president, what is he going to if Qataris want to do something that's not in the best interest of the United States, he's going to say no to them because he but now he is their best friend. I mean, it's stuff like that, that is just horrendous. And I don't know which is worse that or the fact that he is making hundreds of millions on this trip, he's peddling his crypto and he's making, he's selling access to the White House if you trade in his cryptocurrency. He's making, he and his family are making hundreds of millions of dollars. And what do they say?
Starting point is 00:10:15 Well, they were business people before, they're business people now, they're just continuing business people. They're just doing deals that they do. But that is the definition of gaslighting. They are enriching themselves off the back of the presidency, off the back of the United States of America. And I want to see what are they doing for the United States? What have they done for Americans, for average Americans? Nothing.
Starting point is 00:10:35 And so that's what's going on. But we will continue to cover all of the various scams and lawlessness that is going on. Yeah, he's made for his family upwards of a billion dollars of the various scams and lawlessness that is going on. Yeah, he's made for his family upwards of a billion dollars since he was elected, primarily through meme currency, through the operation of the World Liberty Financial, which is a liquidity pool marketplace for meme sales. This is his version of, he didn't make enough with
Starting point is 00:11:07 bibles and sneakers and NFTs. Now he's moved on to memes and it's a great way for you to buy a piece of the presidency. You can't donate as a foreign entity into a campaign donation, but you can buy as much cryptocurrency as Donald Trump's willing to sell you. And then Donald Trump knows through the digital wallets, he knows exactly who's buying and who's basically, this is the influence peddling that we talked about. And if you don't want to do it that way, you can do it by buying stock in a couple of public companies that are closely tied to Donald Trump. He's got DJT, which is his his truth social and his sons just created a new American Bitcoin company, a crypto mining company and infrastructure
Starting point is 00:11:51 company that's been around since let me just check my watch since March of this year. That just went public yesterday. Wow, that's fast. With no track record, right? Because they got there because daddy's in the White House. and daddy's going to be the crypto, he's president crypto. He's going to do everything to bet over backwards because his goal as any kleptomaniac, as any fascist dictator before he leaves office is to walk out with everything he can and make
Starting point is 00:12:19 as much money. There was two goals for Donald Trump on full display here in running for the presidency. One was to win to avoid going to jail. Check. The second one was to make as much money, there are three goals, as possible for his family on the way out, using the leverage of being the president
Starting point is 00:12:38 of the United States to create a printing press for him through cryptocurrency and through real estate deals around the country and other things like taking a $400 million, $400 million bribe from the Qataris that frankly should have gone to his investors that are his limited investors in the $5 billion golf course that was just approved by the Qatari government three weeks ago. See, that was really a success fee that should have gone to the investors. But Donald Trump figured out a way to do money laundering and tax evasion all at the same time.
Starting point is 00:13:13 Well, he's doing the success fee because, but for the fact that he's president of the United States, none of this would be happening. None of these deals would go through. Right. 1000%. So he takes the plane, which as you noted, by the time they're done retrofitting it, it will be late into the 2030s. It will be beyond, he'll help barely get to use it for a year, and then it will fly away with him after hundreds of millions of dollars
Starting point is 00:13:40 of taxpayer dollars being spent. By the way, the Air Force is taking possession of the new Air Force One. It's supposed to be in 2024, but it looks like it's going to be in 2027 or 2028. It's still going on. So we spend billions of dollars for the new Air Force One. He doesn't want to wait around for it. His Trump Force One is old and decrepit. This is younger, so he wants this, but he'll never get it unless he just decides he's just gonna fly with it without having any protection in it,
Starting point is 00:14:11 like bomb proofing, being able to operate a nuclear war, those kind of things. Like have at it. I'm thinking, you wanna do that? Go ahead. But so this is the grift. He just wants it, and he wants the title to be transferred to the Trump Foundation,
Starting point is 00:14:28 library foundation bought and paid for by the crypto pros and the tech bros and the Facebooks and the millionaire, the million there and the million there, you know, all these monies that he's getting and these phony settlements all going to the foundation. So he can fly around in his old age, on taxpayer dime, in a giant 787 or 777,
Starting point is 00:14:50 whatever the heck it is. It's obscene. And lawsuits, which is why lawsuits are so important. The last firewall against tyranny and these excesses has to be the court system. Whether the Supreme Court is up for it, that's yet to be determined, but that is our process. Why don't we talk about- Before you move on, I want to just say one thing.
Starting point is 00:15:15 Sure. Say many things. The whole point, the reason people like Doge is because they are purportedly cutting waste, fraud and abuse and saving taxpayer dollars and not wasting taxpayer dollars. Fine. If that's really what we're doing, how much is this trip to the Middle East that is for his own family business, it's for his own plane, it's for sell his own crypto,
Starting point is 00:15:38 it's to launch these new golf courses in the Middle East? How much is it costing taxpayer dollars? Because don't forget, he has to have his whole staff travel with him. He has Secret Service travel with him. I mean, I bet it costs, this is costing hundreds of millions of dollars. And that is what we are paying for as taxpayers.
Starting point is 00:15:58 That is, that to me is absurd. Absolutely, because none of that is true. There was no goal of tax savings or efficiency savings. This was like to get their hands on our data, create a giant treasure trove of data that could ultimately be used by business like Elon Musk. And that's it. The third goal was just to, you know, I said there were three goals for the presidency. Avoid prison, check. Make as much money as humanly possible as the president of the United States, check.
Starting point is 00:16:31 And the third is vindication and retribution against all his enemies. That's all or what? That's why people are like, where in that list is anything that helps me around my kitchen table? None, because that's not why he ran. You know, we used to ask our presidential candidates, remember back in the day, Karen,
Starting point is 00:16:46 when they'd be interviewed on 60 Minutes or something, and they'd ask that question, tell the American people why you want to be president of the United States. Remember when they used to ask that question? And you'd have to have like a burning desire. And if you didn't, there was, I don't know, was Gary Hart or somebody was like,
Starting point is 00:17:00 they couldn't, it was like they weren't expecting the question. Like how are you running for president? How are you not expecting to answer that question? And it like tanked their, remember those days you just tanked your whole political career when you couldn't answer that kind of question. But Trump can't answer that question.
Starting point is 00:17:14 It seems kind of cute, you know? Right, why do you want to be president? Right. So that's where we're at. Do you remember how cute it was, the biggest scandal that, you know, the biggest scandal that Trump did was he didn't release his tax returns Like that was like like horrible, right? How adorable the biggest handle for Obama was he wore a beige suit in the summer?
Starting point is 00:17:33 That's true tan suit. I just I can't I Just so frustrating. It's so frustrating. I mean and the thing is he's not even being He's not even trying to be secret about it. No, just like this is what I'm doing. I'm, you know, do something about it. There's nothing you can do about it. And you know what to him? He's like, that means you're a loser, and I'm a winner. And that's I value that 1000%. This is all the you know, the whole the whole thing about I like people who weren't captured as
Starting point is 00:18:03 prisoners of war. I like people like he really does. He like to him getting rich and finding the loopholes and scamming the American people make him a winner. And he got to him. That's a point of pride. It was a good article in The Times today or yesterday. I forget I got on the digital version that basically said the enemies and the frenemies have figured out how to negotiate with Donald Trump. You don't listen to any of his bullshit. You don't listen to any of his threats. He'll cave on every threat he ever makes, whether it's the
Starting point is 00:18:32 tariffs or anything else. All you have to do is start waving around contracts for investment and wait him out. That's what's going to happen in China. China has got the the United States by the balls, courtesy of Donald Trump. He declares a win after it's a loss that he's that has been made slightly less bad, but it's still terrible. And that's a win for Donald Trump. It's like I said, I'm one of my hot takes. It's like, I had 100% of something. And then Donald Trump did something bad. And I lost 20% of my hot takes. It's like I had a hundred percent of something and then Donald Trump did something bad
Starting point is 00:19:05 And I lost 20% of it So I'm down to 80% and then it went up to 85% Donald Trump said we won. I'll say what do you mean? We won. Where's my other 15% of the thing that I had? That's not a win To give me back less than what I that less than what you took But that's Donald Trump's whole game. And the frenemies and the other's counterparties against our country know this about Donald Trump and China knows it.
Starting point is 00:19:32 And all China's gonna do is China's gonna go, this is where they really eat our lunch, is they're just gonna say, we wanna have more investment of American companies in China. Let's make deals that you can announce and that Donald Trump's salivating and whatever things that we're trying to do
Starting point is 00:19:51 to contain China go completely out the window because Donald Trump just sold us out to the Chinese. And everybody knows it. Every one of our adversaries knows that Donald Trump is for sale and therefore the United States is as well. Until we get him out, until we get him out. So let's talk about, well we did a nice intro there, it went for a while.
Starting point is 00:20:14 But we're gonna talk about birthright citizenship and nationwide injunctions, because the Supreme Court is making us talk about it. Because they took up the case, they're holding the hearing tomorrow, oral argument. You guys, hopefully everybody else come to Legal af mtn and hit the subscribe button and the reminder button because you're going to want to be there for that 10 o'clock it'll go on about an hour hour and a half it'll be fascinating and we'll know right away whether trump's going to be winning
Starting point is 00:20:39 or losing and i'll give you some ideas here on the podcast of my thoughts along with karen we'll talk about the alien enemiesemies Act. That's a new reporting today that Donald Trump really didn't like the fact that his national intelligence director, Tulsi Gabbard, obtained a memo from the intelligence community that completely undermined his arguments about the use of the Alien Enemies Act.
Starting point is 00:20:58 And now it's off with their heads. Everybody's been fired that wrote that memo just as recently as April. As Judge Zinnis comes to terms with how quick, when is she gonna declare the Trump administration in contempt and have we moved closer to that based on some new filings in her courtroom? And then Hannah Dugan, I love her in many, many ways.
Starting point is 00:21:21 We support her here on Midas Touch and on Legal AF. She's the judge out in Wisconsin just doing her job of defending the rule of law and the propriety in her courtroom and courthouse and got indicted for it yesterday. But today, the motion to dismiss has been filed. We're gonna cover all of that. But now it's that moment in time where we talk about
Starting point is 00:21:40 how do we keep this channel, how do we keep this program on the air? It sounded ominous But we're independent as everybody knows we don't have outside investors We are building this network with our bare hands with you our audience And so there are a number of good ways to to support us most of which don't cost any money to you But are important to us as a channel and as a network one is For legal AF is the pockets itself but are important to us as a channel and as a network. One is, for Legal AF, is the podcast itself. Wednesdays and Saturdays we do the show,
Starting point is 00:22:12 live versions, people join us, 10, 15, 20,000 on a pop, and then we have the audio version over on wherever you get your podcast from. Listen, watch, watch, listen, all important. Leave comments, ratings, all that. That's very important. Inviting other people to discover our show so we can continue to grow organically. We don't have a PR department. We don't have a marketing department. We are the marketing department. So you can help us in that area. That would be very much appreciated.
Starting point is 00:22:39 Then we've got the other kind of, you know, you can't get your fill of legal layoff. There's other ways to nerd out on what we do. We've got, I used to call it new, but we're seven months old now, Legal AF MTN, for Midas Touch Network, Legal AF, the YouTube channel, which I curate, forget the 500, we gotta get rid of that banner. We passed 500 a long time ago.
Starting point is 00:22:59 We're well on, salty, we're well on our way to a million. We're on, we're at over, we're gonna hit 700,000 in about a week or two, all because of you. Free subscribe, hit the reminders. You'll know every hour when we post something new at the intersection of law and politics. We've got about a dozen great contributors over there, including Court Accountability Action,
Starting point is 00:23:17 Court of History with Sean Wilentz and Cindy Blumenthal. We've got Melba Pearson, formerly the ACLU, Dave Arenberg, formerly of the State Attorney's Office in Florida, and a lot of other great people. So, and me and Dina Dahl and other things. So, come over to Legal AF there. Then we've got a sub-stack, because we have to. You can't live today without a sub-stack.
Starting point is 00:23:38 And what I'm doing on sub-stack is not only posting some versions of the videos and some amazing articles that are being written by our contributors. I do a morning briefing we call morning AF, but I'm also posting like all the filings in the court that people are scrambling to read. Sure, we analyze it for you,
Starting point is 00:23:56 but you may want to read it for yourself. So we have a posting, we call it, wait for it, filings AF, just to keep it consistent. And we got things like the thing we're gonna talk about with Motion to Dismiss File by Judge Hannah Dugan, it's there. You know, anything, the secret memo that got a bunch of people fired today
Starting point is 00:24:15 in the intelligence community by Tulsi Gabbard, it's there. Along with other audio, video, and written work only on Legal AF, the sub stack. We got a Patreon, Legal AF Patreon, which also has exclusive video content and other things there as well. And then we've got our sponsors.
Starting point is 00:24:32 And people say, what do you need the sponsors for? Yes, yes, they are the gasoline that runs the engine. If it wasn't for our sponsors, frankly, this would, we would, it would just be me and Ben and Karen getting together for coffee occasionally. And so these are pro-democracy sponsors, meaning they know what we say.
Starting point is 00:24:48 They know what we're, they know not what we're going to say, but they know the tenor of our conversation. They know the types of people. They know what they get with POFAC or KFA or Ben. And they're here for it. And they honor our audience for wanting to sponsor on here and be advertisers on here. If you have disposable income
Starting point is 00:25:07 and you think this is an interesting product, I would encourage you to use it. If you don't and you can't, just watch the ad. We try to make them as funny as possible, as entertaining as possible. And now we've got our first word from our sponsors. I never thought much about teeth grinding until my dentist asked me
Starting point is 00:25:22 if I'd been waking up with jaw tension. It turns out I was grinding at night and doing nothing meant risking long-term damage. But spending hundreds of dollars on a custom night guard? Not ideal. That's where Remy comes in. If you're part of the 30% of Americans who grind their teeth, your smile needs protection and there's no better solution than Remy's custom-fit night guard. It's dentist recommended and trusted by teeth grinders because a custom fit night guard is the best way to protect your teeth,
Starting point is 00:25:52 and Remy is 80% less than what you'd pay at the dentist with none of the hassle. Here's how it works. You get an impression kit delivered to your door. Follow simple guided instructions to create your perfect mold. Remy then makes your custom night guard in Las Vegas, USA and ships it directly to you.
Starting point is 00:26:11 It fits great, feels comfortable, and I can finally sleep knowing my teeth are protected. Best of all, Remy offers a 45-night perfect fit guarantee or your money back. No appointments, no sky high bills, just better sleep and peace of mind. Visit shopremy.com slash Legal AF your money back, no appointments, no sky high bills, just better sleep and peace of mind. Visit shopremi.com slash Legal AF
Starting point is 00:26:27 and use code Legal AF to get up to 50% off your night guard. That's shopremi.com slash Legal AF, code Legal AF. Thanks to Remi for sponsoring this episode. Hi love, no, I'm not calling my wife. I'm talking about this amazing product from Vaya. It's strawberry crush and it's pleasure enhancing herbs. I love this product. I take it all the time, especially over long weekends.
Starting point is 00:26:56 It is one of my go-tos and my wife appreciates it too. Look, if feeling your best starts with the right products and for me that means VIA, I am proud to have them sponsoring this episode. If you haven't tried them yet, you're seriously missing out. Whether you need to unwind, refocus, or boost your mood, VIA is here to enhance your every day and night.
Starting point is 00:27:20 It's trusted by over half a million happy customers. VIA is changing the game in natural wellness, blending powerful, high quality hemp derived ingredients to deliver real effect-driven benefits. Whether you're looking to sleep better, have a better libido, improve focus, recover, or simply relax, VIA has a tailored solution just for you.
Starting point is 00:27:41 With products ranging from zero to high cannabinoid levels, VIA lets you fully customize your experience to fit your needs. Whether you're looking to support your daily wellness routine, enhance focus and clarity, or unwind with deep relaxation, VIA has you covered. From their award-winning Effect Forward gummies
Starting point is 00:28:00 to calming drops, every VIA product is thoughtfully crafted, made with organic lab tested hemp source from trusted, independent American owned farms. And the best part, Viya legally ships across the USA. Discreet, direct to your door, no medical card required, and backed by a worry free guarantee. Not sure where to start? Take Viya's product, find your quiz
Starting point is 00:28:23 to get personalized recommendations tailored to your needs. It can take you less than 60 seconds to complete. So if you're 21 years or older, treat yourself to 15% off and get a free gift with your first order using our exclusive code, LegalAF at viahemp.com,
Starting point is 00:28:41 V-I-I-A-H-E-M-P.com. Plus enjoy free shipping on orders over $100. That's V-I-I-A-H-E-M-P.com. And we're back, thank you to our pro-democracy sponsors and thank you to everybody in the audience who supports all the things we do on Legal AF and all the contributors, including Karen and myself. It really, it's heartwarming and we do appreciate it.
Starting point is 00:29:07 Karen, tomorrow, 10 a.m., be there, be square. Supreme Court, oral argument, right? Legal AF, showing it, live stream, live feed. Why don't you, if you can, kind of frame the issue. Why is it important? And why do you think the Supreme Court took this particular case to talk about nationwide adjudctions? You know, one thing I love that you're doing, Popak, is you're providing a one-stop shop for people, which is just there's so much
Starting point is 00:29:34 going on here and there's so many things to follow. It's so much easier for people to have one place to go for all of the content, the information, the filings, if you want to learn about it, hear about it, figure out what's going on. So it's really, really a huge service that you, that you're providing to people. And so I really, I just love the Legal AF Substack. It's really a phenomenal resource.
Starting point is 00:30:02 So it's just fantastic. So birthright citizenship and the Supreme Court and what is happening tomorrow is really momentous. This is a huge deal. There are two big issues that are being decided tomorrow or that the court is deciding tomorrow. The issue that's presented before the court that they're going to brief
Starting point is 00:30:26 and that you're gonna hear a lot about in some ways has nothing to do with birthright citizenship. It has to do with whether one district judge in one place can issue a nationwide injunction. If you remember, back when Judge Kaczmarek in Texas issued a nationwide injunction, it seems like a hundred years ago now, but it was a couple of years ago now on the myth of Prestone and the abortion medication.
Starting point is 00:30:56 A lot of people, including myself was like, how could he do that? How can, how can, how is it possible that one judge in the middle of Texas in a one judge district? And there are districts like that, right? There's big districts like where I live, the Southern District of New York and where I practice. And there's dozens of judges who sit in the federal district court, the trial level court. And those judges are assigned randomly in a wheel, literally. They put their names in a tumbler. And depending on your seniority, if you're new or if you're senior, if you're a new judge, your name is in there more times.
Starting point is 00:31:37 If you're a light docket and you don't have a lot of cases, your name is in there more times so that you have more of a chance of when they literally spin the wheel and take a name out, that you will get that case. Now, there are, but depending on the size of the jurisdiction, there are fewer judges. And it's really luck of the draw, right? We were with the, with the Trump Mar-a-Lago documents case, we were so, we were, we were all so surprised that a Trump appointed judge got that case, right? But that was the luck of the draw. That's what you get. Sometimes you get good judges. Sometimes you get judges that are not the ones you want.
Starting point is 00:32:15 But then you've got these jurisdictions like where Judge Kazmeric sits in Texas, where it's such a small district. He's the only judge there. And you have plaintiffs who go and forum shop and bring cases in places like that where you either have 100% chance or more of a chance of getting the judge that you want. And then if they can issue a nationwide injunction, I mean, that in, there's no other case, I think there's no better case to show the power of that
Starting point is 00:32:45 than that nationwide injunction with the abortion pill and how that was going to affect millions of Americans as this one person. So this case tomorrow is really about that question. And it's happening in the context though of this issue of birthright citizenship and whether or not if you are, it's whether or not the 14th Amendment that basically says
Starting point is 00:33:12 if you were born here, you're a citizen, right? It actually says all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state where they reside. And that's in the 14th Amendment of the Constitution. It's been the law of the land for over 100 years. And there's this fringe theory out there that it doesn't apply to people who are here temporarily, that it was passed,
Starting point is 00:33:43 the 14th Amendment was passed around the time of slavery. This was about giving citizenship to children of slaves, not everybody else. And who is one of the architects of this fringe theory? None other than a lawyer who we've talked about considerably in this podcast for years, John Eastman. Who's John Eastman? He's the several times indicted architect of the, basically,
Starting point is 00:34:10 of the false elector scheme. And so he's been disbarred in California. He's been indicted at least twice. And judges have found that the attorney-client privilege doesn't apply with him because of the crime fraud exception. I mean, this is the guy who has been peddling this and it has caught fire and it has caught fire with MAGA. And this case was decided, by the way,
Starting point is 00:34:37 this issue was decided in 1898 in a case called US V Wong Kim Ark, a man born in San Francisco to Chinese parents. And the judges basically said, he's a citizen. And it made me actually want to Google, I made this issue made me look at when Baron Trump was born and he was born four months before his mother
Starting point is 00:35:03 became a naturalized citizen. And Trump's executive order conveniently makes that, because Trump's a citizen, it doesn't count, right? Because otherwise, even his own child would not be a citizen. But he had to say, oh, no, if one parent, if the father is a citizen, you know, then it's okay. But it's, what is this going to is a citizen, you know, then it's okay. But it's it's what what what is this going to do for the for the, you know, the hundreds of thousands, probably more of people who.
Starting point is 00:35:32 What if you what if you're 18 years old and you were born here and and you've never lived anywhere else? And then what? Suddenly, you're not a citizen of this country and you don't speak the language of another country, a country where you've never been. And then where are you citizens list now? I mean, what's supposed to happen? Or what happens if you are in a state that recognizes this, but not, you know,
Starting point is 00:35:54 but you live close to another state and you happen to give birth when you're in that other state, but you reside in the state that does, you know, it's, it's going to cause so much confusion. But really the issue that's going to be discussed, I think tomorrow is this issue of whether one judge can issue a nationwide injunction. And it'll be interesting to see. I think, I think they have to be able to, or the chaos here would just be insane. I mean, because I think what, 28 states have sued. And so what are those the only states that are
Starting point is 00:36:25 that if they rule, if they rule that the states that sued in this particular case, that those ones if you're born in those states, you're a citizen but in the ones that don't challenge it, you're not a citizen. I mean, this is the kind of issue. First of all, it's completely well established law and it's black letter law. It comes from old-timey times,
Starting point is 00:36:46 which is what the Supreme Court loves, right? They love what was it back in the olden days, and it's written in the Constitution. So I think this is a slam dunk win. I can't imagine that it won't be. And I think in issues like this that are so clear and that affect so many people and where chaos would ensue, I think they're going to say that, yes,
Starting point is 00:37:04 they can issue a nationwide injunction, but that's just because that's what common sense would say, but who knows anymore. What are your thoughts on this, Popov? Yeah, I just interviewed with Alex Aronson, Leah Lippman of Strict Scrutiny, a professor at University of Michigan. She got a new book coming out called Lawless,
Starting point is 00:37:22 and we talked to her about the book, about the Supreme Court. And I asked her that particular question. I said, what do you think? She said, well, it concerns me that they took up nationwide injunctions. They took up the issue on the backs of the birthright citizenship issue, which gave her, you know,
Starting point is 00:37:39 anytime they're like lifting up the hood and start monkeying around under the engine of the Constitution when it comes to birthright citizenship, it gives her pause. She said, you know, they have a couple of fringe dissents by Gorsuch and some others. They generally have allowed and affirmed the use of nationwide injunctions when it's appropriate. I can't think of a more appropriate purpose of having one or as a remedy in the toolbox of having one federal judge issue a nationwide injunction than when you're talking about a constitutional right. Maybe that's why they decided to do it because it's so clear on a nationwide injunction grounds
Starting point is 00:38:20 that you need to have one judge, not 50, not 500, make a decision about something so fundamental as whether the 14th Amendment does or does not provide for birthright citizenship to people other than slaves. Donald Trump's words, not mine. Yes, they came out of the post-Reconstruction period, and they're known as the Reconstruction Amendments Trump, but that doesn't mean it only applies to people
Starting point is 00:38:42 from that time or to former slaves. I know you fell asleep during any aspect of civics or history, but you do have people that work for you, don't you? So maybe the reason, one of her theories is they took it on the backs of that case because it's such a clear cut that nationwide injunction is appropriate for a judge one single federal judge and one single federal district and they have affirmed the use in the past but there are look things that were fringe theories have say have gained new currency on this Supreme Court because they've got the numbers you know another example of that is the unitary theory of the presidency. That was a ridiculous fringe theory that would have gotten you laughed out of academic circles
Starting point is 00:39:32 if you raised it in the 80s and 90s. And as a historical analysis, to claim that our founding fathers intended for us to create, to have a president operate as a king and suck in to one executive branch in one person, all of the powers, king-like powers, regardless of checks and balances, there's just no way that's the history of our republic alone tells you that that's not the case. But to those who believe, well, there's three branches and Congress is over here and judges are over here
Starting point is 00:40:08 and there's just one guy over there. So I guess he gets all the power of being the one guy. I mean, that is a fringe lunatic theory, but look, now that you have four or five votes for that at the United States Supreme Court, we'll know soon when the Supreme Court stops sticking around and granting procedural rulings in Donald Trump's favor and starts granting substantive rulings,
Starting point is 00:40:30 which could start with this oral argument tomorrow. But these fringe theories, all these fringe theories kicking around like, oh, that one line in the 14th Amendment about subject to the laws of the territory, you're not subject to the laws of the territory because you're undocumented and you're really subject to the laws of Venezuela, blah, blah, blah, and so that line alone
Starting point is 00:40:50 eats the rest of it and therefore, it's not that I'm changing the constitution with the 14th Amendment, I'm just giving the, with the executive order, I'm just giving a proper interpretation. I mean, it's eye popping. So I think there's gonna be a lot of nationwide's eye popping. So I think there's gonna be a lot of nationwide injunction discussion tomorrow.
Starting point is 00:41:07 I think there's gonna be a little birthright citizenship discussion on the substance. Although that's ripe for appellate review by the Supreme Court too. Because we've got like four different appellate courts who have all ruled that Donald Trump and his arguments are all wet. So, although if you look at the math,
Starting point is 00:41:24 every time somebody files a motion, it is the movement at the Supreme Court so far, they've sided with the movement without exception. So the movement tomorrow is the Trump administration. But I think that this is the one where I agree with you. I think they, it's just so clear cut. Maybe that's why they use this particular case for that. And we'll see, but let's not get too high or too low.
Starting point is 00:41:49 If they rule the way we think they're gonna rule, you know what the press is gonna run with. Oh, Trump is rebuked. Trump, Trump's been slam dunked by the Supreme Court. See, they're not monolithic, they're Republicans. They ruled against him. Let's not get too high or too low here, okay? They have generally, they side with Donald Trump
Starting point is 00:42:10 on the most important issues, fundamental, and they have for a very, very long time. Is there an outlier here or there on something so clear cut that even they have to rule against Donald Trump? Yes. We have to take this big picture approach. Anything else on birthright and tomorrow? Karen
Starting point is 00:42:28 No, I think you covered it perfectly popok. I just I think You know if you want to know what they're gonna do just look at what they say, right? They've been talking about this for a long time read project 2025, you know, that's like the roadmap to everything they're doing They're just doing it all. Absolutely. One of our contributors, Dave Ehrenberg, was going to do a hot take about trying to ban pornography. I'm like, just go to page 327 of Project 2025 or whatever.
Starting point is 00:42:58 It's right there. Everything that we are watching is coming straight out of verbatim Project 2025, the thing that Donald Trump said, he didn't know what it was and he wasn't familiar with it. Everything, really just about everything. Let's move on and talk about Alien Enemies Act. We got a ruling coming out of Pennsylvania that seems to be an outlier, and then Judge Zinnis. And what's going on in the filings there you want to take Judge
Starting point is 00:43:28 Zinnis? You start I love when you set things up. I got Judge Haynes she's a Trumper, captain in the JAG Corps, Army person and I went through her, her 46 pages or whatever it is, I'm still scratching my head. She's the only federal judge so far. And that includes two Trumpers and a Biden and all that, that has found that Donald Trump's proclamation declaring that the trend to Aragwa, the narco terrorist decentralized gang
Starting point is 00:44:03 that's been in this country for years, is because Donald Trump called them a federal, a foreign terrorist organization, an FTO, that that is enough for him to use the Alien Enemies Act, because that's the equivalent of being a military combatant, an enemy combatant, that's conducting an enemy, a predatory incursion. And she got all excited and all, and all, and all enthusiastic
Starting point is 00:44:31 about her dictionary analysis. Yes, you heard me right. You don't have to adjust your volume. She found dictionaries online from the 1880s and 1900s, the 1780s about what the word predatory means, what the word incursion means. She had this whole dictionary analysis. She did, it 1780s, about what the word predatory means, what the word incursion means, she had this whole dictionary analysis. She did, it was funny though, Karen,
Starting point is 00:44:49 she did a little dig to Donald Trump in the middle of the dictionary analysis. She said, I got this dictionary courtesy of the National Endowment of the Humanities, which Donald Trump is trying to get rid of and defund and destroy, I'm sure she knew that. But that was about the only thing in there that was against Donald Trump.
Starting point is 00:45:07 The rest was, and it's this complete catch 22 chicken and the egg problem that she has in her analysis. He called it a foreign terrorist organization. Therefore he gets to use the proclaim war and he gets to use the alien enemies act. So then was the declaration of a foreign terrorist organization enough? And where is that? That's not in the alien enemies act. We didn't have foreign. We didn't have to work as she noted.
Starting point is 00:45:34 We didn't have the word terrorists back in the time when the alien enemies act was passed. So I don't even get her analysis. All I know is judge, Rodriguez in Texas, Sweeney in Colorado, Hellerstein in New York have all said, as did Judge Henderson on the DC Circuit Court of Appeals, all said the same thing. What we're watching is migration. They came to this country and they committed crimes, but that's not the equivalent of a war, a warlike combatant against the United States to allow you to use the Alien Enemies Act. And then of course, she did make a note of saying that regardless of what I declare here, they still get notice and due process because the Supreme
Starting point is 00:46:20 Court says they do under the J.G.G. case from just a couple of months ago. So they will get a writ of habeas corpus, right? They will get a notice and due process as long as Donald Trump doesn't take away the writ of habeas corpus, right? Which he's threatened to do through his henchman, Stephen Miller. So that's what happened there. You wanna pick up there
Starting point is 00:46:38 and then we'll flip it over to Ibrego Garcia? Yeah, I mean, look, to people who don't practice law every single day, what is the writ of habeas corpus, right? And it essentially means bring the body to the court. And it's it's to when Stephen Miller, who is, I think, who's on my list of the top, the top most evil Trump people and is the architect to a lot of these terrible policies. When he says, we'll just suspend habeas corpus, it's extremely dangerous.
Starting point is 00:47:15 It is extremely it's something that we should all fear. A writ of habeas corpus is the only thing that a lawyer has. And how you go to a court and say, I want you to bring this body to this court so that we can have process, so that there can be due process. Otherwise, what's going to happen? People just get sent away, locked away somewhere, and you'll never hear from them again. There will be no court proceeding to have, to figure out was this lawful? Are you a member of Trenda Aragua?
Starting point is 00:47:49 Or is this somehow an arm of the Venezuelan Maduro government? Is this a foreign incursion? None of those things can happen if there is no court case, if there's no matter, if there's no body in front of the court. And that's why, for example, you know, all of these things that Trump is doing, sending bodies to, he's sending prisoners and deportees to El Salvador, Seacote, infamous, terrible
Starting point is 00:48:23 prison. But he's also looking to do this third party prison thing all over the world. He's looking for places to ship immigrants, and he's looking for places to hold criminals. And that's what he's trying to do. And he wants to set up these agreements, basically, to outsource our prison system as a form of deterrence,
Starting point is 00:48:46 to send them to the worst countries, the worst prisons. But there is precedent for that. Look, we have Guantanamo Bay, and that is what we have. And now those are people who we declare don't get any process here. You can't have a writ of habeas corpus, because these are people who are foreign nationals, who are people who have essentially committed terrorist acts
Starting point is 00:49:07 on our country, and they are in another country. They are in Cuba, and he's trying to set this up for immigrants. He's trying to essentially say that he's trying to turn immigrants into terrorists. And that is what's happening here, and he's, and they're looking at people who come here and migrate as people who are breaking the law by coming here illegally or unlawfully except of course if you're a white South African you know
Starting point is 00:49:34 that that's a whole different thing than than welcome to this country you refugee and let's let's take care of you. Because you're you're politically persecuted but but all these other individuals are not. And so that's what's happening here. And so this is really important that these things get adjudicated and that people get processed and that these individuals who are being skirted away in the dark of night and taken to foreign countries without any process, not turning the planes
Starting point is 00:50:05 around despite court orders. This has to play out and it has to play out in a way that I think the Supreme Court even is gonna say this is a bridge too far. People deserve due process, period, end of story. And this executive order, his sort of waving a magic wand by executive order and these declarations, you know, he, despite controlling Congress and the Senate, he, and presumably, you could do things lawfully
Starting point is 00:50:31 and get laws passed, he's just bypassing all of that because he likes the whole unitary executive theory and Congress is doing nothing. You hear any hearings? No one's holding hearings. No one's complaining. No one's doing anything. It's like Congress doesn't exist right now. I haven't heard a peep from a member of Congress for any reason whatsoever.
Starting point is 00:50:49 They have relegated themselves into the complete irrelevance and they are sitting back and just watching and letting Donald Trump do whatever he wants. And he is just making these declarations, you know, like, like he's a king. And hopefully the courts are going to start holding him and his administration accountable. And, you know, they lie, you know, whether it's, you know, whether they lie to the American people, right, whether it's Abrego Garcia who, you know,
Starting point is 00:51:20 has become kind of the poster child of this whole thing, whether it's him, whether they say, oh, well, we don't have any power, we don't have any control to ask him to have him come back. But then they'll say that publicly, but then they'll refuse to tell the court why. They'll refuse to come forward and give any reasons why, because they'll claim privilege or state secrets
Starting point is 00:51:42 or all these other things, but yet they have no problem going out and talking about it on TV publicly. And they say one thing to the courts and they say another thing publicly, and that's going to come back to bite them. The problem is going to be, how do you enforce it? How are courts going to enforce this? And how are we going to stop Donald Trump from removing people who, I mean, I know one of the things that we're talking about tonight
Starting point is 00:52:04 is what he's doing to students and grad students. I mean, I was reading today that there's a Harvard doctoral student who is being sent back to Russia where she says, I'm going to be arrested and persecuted for criticizing Russia in the war on Ukraine. And, you know, there's people who are, I mean, to say that somebody who's a doctoral student from Russia at Harvard is not someone who's going
Starting point is 00:52:32 to benefit this country, right? She might not be white. I think she is though, but, you know, some of these people might not be white, but they're not these criminals that they're saying, these MS-13, these gang members. These are legitimate, these MS-13, these gang members, these are legitimate, really important people who it's important that our country welcomes them in.
Starting point is 00:52:51 These going to our finest institutions, doing research into things that are really important for science and for the world, frankly, and that they're getting arrested, detained, and sent back to countries where they're getting arrested, detained and sent back to countries where they're gonna be persecuted. I mean not only is it inhumane, the brain drain that is gonna happen to this country and the brain gain that is gonna happen to places people like places like China are like come to mama come here all you smart people who are at Harvard all these things you were doing come here we want you we. We are going to become irrelevant
Starting point is 00:53:26 because of what he's doing. He's going to get richer, his friends are going to get richer, and we are going to become irrelevant. That's what's happening, and it's really terrifying. Brain drain is a real thing. I mean, Russia experienced it when they made outcasts of the Jewish community in the 80s and 90s.
Starting point is 00:53:46 One of the reasons Israel and its Silicon Valley equivalent and tech is so on point and so industry leading is because many of the scientists from the former Soviet Union, including those that were Jewish and other groups that were maligned in Russia and Soviet Union, including those that were Jewish, and other groups that were maligned in Russia and Soviet Union ended up in Israel. And of course, we saw it in Germany, when Germany during World War II, again, a lot of Jewish scientists ended up, including Einstein, ended up in the United States.
Starting point is 00:54:23 Our atomic weapons program, our atomic bomb, was a lot of people that came over from Germany and ended up joining NASA and the Manhattan Project and went to places like Princeton and things like that. So it's a real thing. And if people are insecure about pursuing their academic pursuits and research and all of that in the United States because they're uncomfortable here because of the political environment that Donald Trump has created, there are, as you pointed out, Karen, there
Starting point is 00:54:59 are, I could put on one hand, a number of our enemies and frenemies that are more than willing to take them in and give them unlimited budgets and not threaten them with potentially being sent off to a dark day for a gulag. And, and as you said, we will be the worst for it. We're certainly the worst for it. When you're when you're simultaneously attacking the Harvard's of the the world and cutting their funding on important things like medical breakthroughs and technology and all those other things.
Starting point is 00:55:33 I mean, we don't really have a space program to speak of any longer. One of the dirty little secrets of outsourcing it to Elon Musk and to Bezos is that we don't have the R&D, the research development that we have in our own labs in NASA with a group of scientists. And a lot of those breakthroughs ended up being used for civilian use.
Starting point is 00:55:53 A lot of things come out of the military end up for civilian use, but we're losing that. And Donald Trump's cutting all the budgets and of all the national institutes out there because he sees them as woke or weaponized or whatever it is. And like you said, he's a short-termer who only cares, he's a short time horizon, literally.
Starting point is 00:56:17 He only cares about making the most amount of money for himself and those around him as possible. Cares little, not a whit, about us. And we are going, you know, it's almost like I feel sorry for the next incoming president who will be a Democrat, because they are going to have, they're going to need at least two terms. It's going to be a Herculean effort to clean up behind this elephant of Donald Trump. We'll get there. We're a resilient country, led by the right person. We can do great things. It's just not this person who it doesn't
Starting point is 00:56:50 appeal to people's higher angels. He appeals to their worst instincts and the basest instincts and the devil inside of them. But we will be exercised one day and it may be coming as soon as the midterms. If we can get the House and the Senate back to restore some type of checks and checks and balance and separation of powers that will go a long way and to limit the damage of a full four years of Donald Trump. But the people have to speak. It can't just be us talking to each other. It has to be action, and action in the form of in the streets, emails, correspondence.
Starting point is 00:57:28 One of the things Professor Lippman said today is the Supreme Court is influenced, at least Roberts is, and a couple of others, by what they hear on the streets about people's reaction to the Supreme Court. Others don't care. Alito doesn't care. He says that.
Starting point is 00:57:42 He says it out loud. I don't care. But some do. And Amy Coney Barrett may fall into that camp. So letter writing campaigns and protests in the streets and other things like that matter. And polling matter to some of these people, these political animals.
Starting point is 00:57:57 When we come back, Karen, why don't we talk about and celebrate the courage of Judge Hannah Dugan and some new developments in her case. Something happened yesterday and something that just happened today before we went on the air. And now we're gonna do that part of the show that some people may enjoy and some people might tolerate, be agnostic towards or some people may not like it.
Starting point is 00:58:19 But we gotta do it, because that's how we keep this pro-democracy channel together talking truth to each other is subscribe here, listen to the show on audio podcast Legal AF, watch the show on YouTube, tell your friends about it. We do these Legal AF after dark clips. We send them off in different places. Legal AF, the YouTube channel Legal AF MTN, free subscribe there. You'll see about a dozen contributors there doing a dozen videos or more a day, live feeds of oral arguments like Tomorrow's Supreme Court all over there on Legal AF MTN.
Starting point is 00:58:52 We got Legal AF, the sub stack, which is only about two weeks old. We just went over 30,000 subscribers like today. And it just shows that there is a real need for people to touch and feel the things that we talk about on Legal AF. So the motions that are filed, the oral arguments, the briefs, other things, as Karen, you said earlier
Starting point is 00:59:14 so perfectly, one stop shopping for all things at the intersection of law and politics. That's Legal AF, the Substack. Come on over there and subscribe as well. And then we have our pro-democracy sponsors. And here's our next round of sponsors. Why are elite athletes, business moguls and high performers using Armra colostrum?
Starting point is 00:59:32 Armra colostrum is nature's first whole food with over 400 bioactive nutrients working at the cellular level to build lean muscle, accelerate recovery and fuel performance, all without artificial stimulants or synthetic junk. Whether you're running a business, training hard, or just want an edge, Armbra optimizes your body for peak output.
Starting point is 00:59:54 Optimize your whole body microbiome and strengthen your immune barriers along the mouth. Sinuses, lungs, gut, urinary, and reproductive tract to guard against unwelcome particles for your strongest immune health. Look, I love using Armra colostrum to combat bloating and to feel lighter. Probiotics are touted as a gut health solution,
Starting point is 01:00:15 but they only address one part of the four-part gut wall. And most products on the market are dead before they even reach your gut. Armra colostrum naturally fortifies your entire gut wall system, optimizing your microbiome and strengthening the gut wall architecture, which guards against irritants that can trigger symptoms
Starting point is 01:00:34 like bloating and constipation. Oh, and get this, colostrum bioactives have also been shown to reactivate hair follicle stem cells, optimize the hair microbiome, feed regenerative nutrients to the scalp, and work to combat hair loss by guarding against chemical-induced damage to the follicle. Fueled performance and recovery is possible by harnessing the closely guarded secret of elite athletes long prized for its unrivaled ability to take performance to its apex. Colostrum has been shown in research
Starting point is 01:01:06 to help enhance nutrient absorption, promote lean muscle building and improve endurance while fueling cellular repair regeneration for faster recovery. Specifically, colostrum has been shown to improve fitness endurance by 20%, decrease recovery time by over 50% after intense exercise, improve stamina and specifically build lean muscle mass.
Starting point is 01:01:28 We've worked out a special offer for my audience. Receive 15% off your first order. Go to triarmra.com slash legal AF or enter legal AF to get 15% off your first order. That's t-r-y-a-r-m-r-a.com slash legal a-f. So I went to my 40th high school reunion recently. While many of my classmates were excited about retiring or have retired, well, I brought my infant daughter
Starting point is 01:01:55 to the reunion and I won the youngest child contest hands down. But that means that when most people's working is winding down to match their body's energy levels, I need to ramp up to keep up with my baby daughter. I believe one of the best aging breakthroughs of the last decade is Qualia Centilitic. And here's why. Qualia Centilitic is at the frontier of what is currently possible in the science of human aging.
Starting point is 01:02:20 Centilitics are a science field revolutionizing human aging. A big culprit behind that middle-aged feeling can be senescent cells, aka zombie cells, that linger in your body after their useful function, wasting your energy and resources. Let me break it down. The accumulation of zombie cells can lead to less energy, slower workout recovery, joint discomfort, and basically, well, feeling old.
Starting point is 01:02:46 Qualia Centalytic is a groundbreaking, clinically tested supplement with nine vegan plant-derived compounds that help your body naturally eliminate senescent cells, helping you feel years younger in just months. Here's how it works. You take it just two days a month, helping your body naturally eliminate zombie cells
Starting point is 01:03:05 to age better at the cellular level. And Qualia's breakthrough formulation is vegan, non-GMO and tested by leading scientists. Since taking Qualia's Centilitic, I felt like I've turned back the clock. I got higher energy, less soreness after exercise, and a big boost in productivity. It's made me feel more youthful and energized
Starting point is 01:03:26 as I have the energy level to nurture my baby daughter the right way. Experience the science of feeling younger. Go to qualialife.com slash legal AF for up to 50% off your purchase and use code legal AF for an additional 15%. That's qualialife.com slash legal AF for an extra 15%. That's qualyalife.com slash Legal AF for an extra 15% off your purchase.
Starting point is 01:03:47 Your older self will thank you. And thanks to Qualia for sponsoring this episode. Welcome back to Legal AF. Thank you to our pro-democracy sponsors. Thank you to everyone. It is humbling and heartwarming to see the overwhelming support for all things Legal AF, the Substack, the Legal AF YouTube channel,
Starting point is 01:04:06 contributions to the various contributors, and we do appreciate you from the bottom of our heart. And let's talk about, speaking of heart and soul and courage and conviction, let's talk about Judge Hannah Dugan, currently suspended by the Wisconsin Supreme Court, currently indicted. But there's a bigger picture here, and I want Karen, I want you to lead on it.
Starting point is 01:04:31 Hannah Dugan, indicted today, motion to dismiss file. Tell our audience what it's all about. Yeah, so this is a judge who, she's a local criminal court judge. This is not a federal judge. This is a local elected judge in Wisconsin who was doing what she does, hearing criminal cases. And she gets wind of the fact that one of the people
Starting point is 01:04:56 in her, one of the defendants was going to be arrested by ICE and in order to not disrupt her courtroom, she had him walk out of a different door, a few doors, by the way, a few feet away from the courtroom door. So it's not like some back door to get away. It was just a few feet away. So not to influence or not to interrupt the flow
Starting point is 01:05:21 of people coming in and out of her courtroom, which I think is totally legitimate and totally valid. But regardless, she that's what she did. And and so what is the DOJ doing? The DOJ is they arrested her very publicly, very humiliatingly. I mean, they they showed up and arrested her in court, clearly trying to send a message to everybody. And now they've indicted her and they're going to try to make an example out of her. I think they are going to lose big time. And she's very well represented.
Starting point is 01:05:57 She has a very conservative, well-respected ex-solicitor general attorney representing her, Paul Clement, and that should tell you something, that he's conservative and he's representing her, because this is so outrageous. I mean, this is so not... This is just, this is like crazy. I mean, the fact that the arresting judges who are trying to just manage and control their courtroom
Starting point is 01:06:23 is insane to me. But it's, you know, it's just very interesting to me. The Department of Justice, the FBI and the Department of Justice made an announcement, I think yesterday or the day before, that they're scaling down their work in white-collar crime, and they're focusing on immigration. They are really, that is what this is becoming.
Starting point is 01:06:41 This is becoming one giant immigration Department of Justice, and they want to send a message to a judge, because it's so easy for them that is what this is becoming. This is becoming one giant immigration department of justice. And they wanna send a message to a judge because it's so easy for them to find people if they can just go to court and go to their court appearances. But if people get word of that, then what's gonna happen?
Starting point is 01:06:58 People are gonna stop showing up to court, whether you're a victim or a witness or a defendant, people are gonna stop showing up to court if you know that, gee, there's your name, you know you're gonna be there at a certain time, how easy is it for ICE to find you? And so what's gonna quickly happen? People are gonna start losing control.
Starting point is 01:07:17 Judges and local judges are gonna start losing control of their dockets, of their cases, and cases will get dismissed. And also the other thing that's gonna start happening are people who are victims of crime or witnesses of crime, who are not full United States citizens, are gonna be afraid to go to court and to report crimes or to go to court
Starting point is 01:07:39 and be witnesses to crimes in addition to, again, if you're a defendant. And so what's going to start happening to our judicial system? It is so inherent in a judicial a judge's power to have control of their courtroom. I mean, just federally, every federal judge has what's called local rules, their own set of rules of everything that you have to do in their courtroom and how you have to do things how page limits
Starting point is 01:08:06 font sizes margin sizes I mean you name it how you how you conduct yourself in court how you Want communicate with the court? I mean and they are allowed to do that because how you control your court how things work is such Inherent it's such an inherent part of being a judge. And so if that's what she has determined she needs to do in order to run effectively run her criminal court, then she needs to do that.
Starting point is 01:08:35 And I think she's going to win for two reasons. She filed a motion today, a motion to dismiss one citing judicial immunity, one issue was judicial immunity and the other is federalism. And those are the two issues that were in her motion to dismiss and you alluded to it in the introduction. The very first thing she does is she cites to United States versus Trump, right?
Starting point is 01:08:57 The decision that, or maybe it was Trump v. US at that point, but it was the decision where they gave Trump absolute immunity for anything that he does that's presidential. And so that case was decided because something like immunity is gets to be decided in the beginning of a case, not at the end of a case. There's certain issues that you appeal
Starting point is 01:09:28 after a case is adjudicated, but there's certain foundational and fundamental issues like immunity that get to be decided first before you can go on and prosecute someone. And so she sided to Trump v. US where they found that, yes, this was perfectly legal and lawful to decide this presidential immunity issue at that stage, because this is so foundational. So she cites that as a reason why she gets to appeal this
Starting point is 01:09:56 now, and I think that's very compelling. But she talks here and says, look, first of all, I have judicial immunity because I was being a judge. I was controlling my courtroom. This is absolutely foundational part of what I do as a judge. And I think she's gonna win on that. But she also argued the 10th Amendment federalism and the 10th Amendment to the US Constitution,
Starting point is 01:10:15 which was, I think from the 1700s or early 1800s, it's part of the Bill of Rights. And it essentially deals with the balance of power between the federal government and the states and says that the powers that are not specifically delegated to the federal government by the Constitution nor prohibited to the states are reserved to the states respectively. So it basically means that federal authority, the federal government's authority is very limited to the powers that are in the Constitution, right? And, or powers that Congress, meaning the people, give them.
Starting point is 01:10:50 And so everything else is reserved to the states. And that's why police powers, for example, are almost entirely the state's purview. I learned by reading these filings and preparing for this that 99.4% of all criminal cases filed in the United States are state cases. Not even 1% are federal criminal cases. That's how miniscule the jurisdiction over the federal government has over police powers.
Starting point is 01:11:21 And so this is essentially the crime in criminal courts is essentially a state function. And by coming in and big footing this judge and saying what she can and cannot do and how she can control her courtroom, they're essentially disrupting a state court proceeding and disrupting a state court sovereignty of how sovereignty to handle their cases their way. And that is what I think is so powerful
Starting point is 01:11:47 and why I think she's going to win. And I'm so glad she's so well represented because they're trying to make an example out of her. I hope she makes an example out of them. Yeah, I liked everything about it. My gut is, I don't know, that eight pages of that motion which I read sort of looked to me like a placeholder motion.
Starting point is 01:12:07 Like they wanted to get it out early, but it's not really the written work product of somebody like Paul Clement, who you mentioned. In fact, his name is not on there. I think this is a placeholder because they got indicted today. They wanted, or yesterday, after a series of, and some people know, we talked about the red papus, scurpus process, grand jury is a lonely place for a defendant because
Starting point is 01:12:28 they're not in the room, nor are there lawyers, nor are there witnesses, nor are they permitted to cross-examine. It's the prosecutor, sometimes a federal or judge or magistrate depending upon, if we're in federal court depending upon the process, 20 grand jurors give or take, and just witnesses that are asked leading questions and documents without context or explanation. It's not an adversarial process. And hopefully, if the prosecutor is worth their salt, they're able to get an indictment. And they were. After a full day, they got a majority of the grand jury to agree and indict her. But I think this motion to dismiss, which you've summarized, is really,
Starting point is 01:13:08 they even say, we'll write a bigger brief if you want, Judge, and I think that's where Paul Clement comes in. It was sort of like what the law firm, Quinn Emanuel, did for Mayor Adams when Mayor Adams got indicted, like within hours, their motion to dismiss, but that was like a thing of beauty, to be frank. I was like 50 pages, you know,
Starting point is 01:13:26 they've been working on it for like a whole week straight. And it looked great. And it started the process. I mean, Trump winning also helped Adams, but it started a process to get him into a good leverage position to negotiate something. This one, I mean, I like the fact that they use the Trump case against Trump.
Starting point is 01:13:44 That's great. I like the fact that they use the Trump case against Trump, that's great. I like the fact they do a lesson, a history lesson about the 10th Amendment, which is all power not in the hands of the federal government is reserved for the states to say separation of powers, federal government, you stay out of here, this is the province of a state judge controlling,
Starting point is 01:14:04 as you said, their courtroom and their courthouse, and they have absolute immunity. And figure it out now, not later, like we shouldn't move any part of the case forward until this fundamental issue is resolved, see the Trump case. And I think it's a novel, but it seems to be square with the facts. Very little law cited in here, but I'm sure that'll improve as the court sets a briefing schedule. And we'll see. But I did have to do a double, I sort of did a double take when I looked at the signature block and I saw the lawyers that I know that she had originally hired, including a former federal prosecutor, Steve Bishkopic, if I'm mispronouncing your name, I apologize,
Starting point is 01:14:50 had signed it, but no mention of Paul Clement. Now I did do a little research before we got on the air. It looks like he's still in the case. Maybe he's working on the bigger briefs that they'll file to substitute for this one, and they wanted to catch the news cycle. But in any event, it does show that she is fighting hard. It was appalling, disgusting and depraved to pick her up in the courthouse, handcuff her in the courthouse and take her for a perp walk and then post it through
Starting point is 01:15:17 the FBI, the Department of Justice websites. All things I know are going to be cited by the defense all things I know are going to be cited by the defense, as you would, as I would, as being completely unconstitutional and against her burden, against her presumption of innocence, especially when it comes time to ever pick a jury. But let's see, I think with a well-written replacement motion to dismiss here, they may have a good argument
Starting point is 01:15:42 to get rid of the case before it goes any further. And if not, you know, she's going to be on trial for looking at six years and $350,000. I'm glad she's still getting paid. I'm sure some MAGA Republicans are trying to figure out a way how to take her pension away from her, take away her paycheck. But that's really the province again, we're back to the 10th Amendment,
Starting point is 01:16:00 the Supreme Court of Wisconsin, which is four to three on the Democratic-Liberal side, they've acted and no amount of lawsuits can change what they've decided about Hannah Dugan. So we will, she's gonna be arraigned tomorrow. This was filed before the arraignment. The indictment is out, or it will be unsealed tomorrow.
Starting point is 01:16:26 We already know what it's gonna look like because it's the people that have seen it say it's the exact the same as the criminal complaint that was filed, it's two counts, obstruction and concealment or something like that. All total and complete bullshit. At the end of the day, she did her job, she administered justice in her criminal courtroom.
Starting point is 01:16:53 That guy got his due, Flores Ruiz. He then stepped outside and he got arrested for something else entirely on an administrative warrant. Okay. I mean, this is all sounded a lot like entrapment to me. Sounded like they wanted, they knew Dugan would kind of take the bait. They knew she was liberal, you know, Catholic charities, former life, and they kind of set up to trigger her. And as they remind everybody in the motion to dismiss, it doesn't matter what her subjective intent was. If she was managing her courtroom in her courthouse, and the coming and going and the flow of people in and out, you may not agree with it, you may not like it, but it is immune from being sued. Can you imagine if people could sue the judge
Starting point is 01:17:31 for how they handled witnesses in and out of a courtroom or defendants or for motion practice? I mean, it would be obscene, but we'll continue to follow that there. But as a person, I can't wait till she's exonerated and we can have her on, for instance, legal AF. This is very similar though, just to put it in context. Donald Trump did almost the exact same thing his first term. I think it was a Massachusetts female judge. And he went after her. Eventually when the Biden administration
Starting point is 01:17:57 came in, it got dropped. But this could be hanging over her head for quite some time. And she's out of her gainful employment. I mean, she's getting paid, but she's been put on this earth to be a judge. And the people of Wisconsin have sent her to be that kind of judge, and she doesn't get to do that. She gets to sit around and think about her case for the next year, which is, I know, is an uncomfortable place for her to be, right?
Starting point is 01:18:19 Yeah, I think it's really such a shame. Yeah. So we've reached the end of another episode of Legal AF at the midweek. Been doing it for five years, almost straight, without interruption, Karen Friedman-Iknifilo. Saturdays we do it, I do it with Ben Mycelis. We do hot takes about every hour at the intersection
Starting point is 01:18:39 of law and politics, either on the Midas Touch Network or over on Legal AF, the YouTube channel. So those are the two places you just need to live. If you live there, you're gonna get your fill. You're gonna be happy, because this is the information that we need in order to be active, in order to resist. We have to have the information.
Starting point is 01:18:59 And that's what I hope you're finding in a truthful way, in an honest way, in an honest way, in an informative way, in a entertaining way here on Legal AF to Midweek. Karen, as always, last word. So great to see you, Popok. It's always my favorite time of the week is doing this and being a part of this community and this movement with you.
Starting point is 01:19:21 It's just, I just can't believe what's happening. I don't recognize this country. I don I just can't believe what's happening. I don't recognize this country. I don't recognize this president and what's happening. And so many things that are happening that are just blatantly, blatantly corrupt. It is so important that as many people as possible talk about it, understand it. And I'm so thankful that,
Starting point is 01:19:44 and just so proud of the brothers who created Midas Touch and brought us all together and created this unbelievable community so that we can a know that we're not alone and that we have each other and be just try and defeat this. This is this is a I don't know what you don't want to call it. I thought it was an autocracy, but it's worse. So we all need to defeat this together. And the first part of it is to really understand what's happening. Yeah. Beautifully said. Until next week, Legal AF, Michael Popak, Karen Friedman,

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.