Legal AF by MeidasTouch - Legal AF Full Episode - 5/24/2025
Episode Date: May 25, 2025Ben Meiselas & Michael Popok head the top rated Legal AF podcast and tonight debate: The Supreme Court's schizophrenia on full display, sometimes siding with Trump, sometimes not, as it lurches from ...one presidential crisis to the next at the end of the term; Harvard's fist fight with Trump; Trump's own press secretary opening him up to criminal prosecution in the future for the Meme Coin/influence peddling scam, and so much more at the intersection of law and politics. Support Our Sponsors: TRUST AND WILL: Get 10% off plus free shipping of your estate plan documents by visiting https://trustandwill.com/LEGALAF MOINK: Keep American farming going by signing up at https://MoinkBox.com/LEGALAF RIGHT NOW and listeners of this show get FREE WINGS for LIFE! MIRACLE MADE: Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. FAST GROWING TREES: Head to https://www.fast-growing-trees.com/collections/sale?utm_source=podcast&utm_medium=description&utm_campaign=legalaf right now to get 15% off your entire order with code LegalAF! TUSHY: Over 2 million butts love TUSHY. Get 10% off Tushy with the code LEGALAF at https://hellotushy.com/LEGALAF! #tushypod Check Out The Popok Firm: https://thepopokfirm.com/ 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
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It was a busy week in the courts.
It was a busy week in Congress where the MAGA Republicans in the House of Representatives
tried to push through and did
push through in the House so far that disastrous budget bill where they snuck in a provision
trying to divest federal courts of the right to issue contempt rulings. They didn't say against
who, which is also makes it extra unconstitutional as well, But they seem to have one person in mind, Donald Trump.
Why? Because he keeps on losing and losing and losing.
And in various cases around the country,
the federal courts are getting closer to issuing those criminal contempt rulings.
And I think one of the issues that's going to arise,
Michael Popok and legal efforts, is the extent and degree
of the Supreme Court's immunity decision
back from 2023 saying that Donald Trump was entitled to absolute immunity, a horrific decision
indeed. One of the questions though that's going to arise especially as Donald Trump's been doing
a lot of things this week for his personal businesses to enrich himself, like this meme coin dinner,
is which conduct at issue is going to be viewed
as personal and private,
and which conduct is going to be viewed
as within his official capacity as it relates to him.
But let's be very clear,
the absolute immunity decision
from the United States Supreme Court
does not impact criminal immunity
or criminal implications against people like Kristi Noem, people like Tom Homan,
the borders are, people like Marco Rubio and others. They do not have the same
immunity that Donald Trump was given. You know, so you had Kristi Noem
this week, Michael Popak, you may have seen it. She was making posts like
Suck it. She wrote suck it after different things that were happening in the courts
I mean, it's just so humiliating to see the cabinet level position someone say suck it
But I'm not sure why she's saying that
I mean she suffered a humiliating loss at the end of the week and probably record time as well as a federal district
court struck down the Trump regime's attempt to block foreign students from attending Harvard.
The Trump regime lost their case, their executive order against the law firm Brenner Drock in front of a George W. Bush appointed judge.
Another federal judge blocked the Trump regime
from dismantling the Department of Education.
So we'll talk about all of those cases.
It was a busy week in front of the United States
Supreme Court as well.
A really bad decision that was reached by the Supreme Court
that overturned 90 years
of precedent, a case called Humphrey's Executor, which basically allowed for independent agencies
to have provisions that would allow the commissioners of the agencies to continue on unless they
were fired for cause.
There had to be a justification and not allow a president to fire them.
The Supreme Court on their shadow docket overruled that
basically allowing Donald Trump to dismantle
and fire all of these various heads of commissions.
This case related to the National Labor Relations Board
as well as the Merit Systems Board.
But the Supreme Court created a kind of a made up exemption
knowing that Donald Trump's a total maniac and said,
but you can't touch the Federal Reserve
because that's like the initial Bank of America
that was created, the first national bank.
So you can't touch them, which absolutely makes zero sense.
There's zero logic to it,
but it shows that they create these weird compromises
in their own mind, the far right wing does,
to basically gut the country, but not gut it so much so that we're just hanging in purgatory
basically and we talked about all of that and more Michael Popak but it's
good to have you on we missed you Michael Popak of course you got you heard
from all the the legal a efforts out there on the passing of your mother, a beautiful, incredible
matriarch of your family who will be missed dearly. It's great to have you back, Michael
Popeye.
Really, really appreciate it. I got to tell you, the love and support from the brothers,
from the Midas Touch team, from the Midas Touch and the legal, the Midas Touch and the Midas Mighty and the legal AFers have been very, very, very important and meaningful to my family and me.
And just like you and your brothers have a tremendously amazing and strong mother that helped make you who you are,
I am who I am because of my mother who was a single mother twice just and in a time period in our society where that was not a
fun thing to be during the 60s and then the 70s and
She was there was no other than your mother
Equal there is no mother in America who was more proud of what you and I have been doing a legal AF
And might as touch than my mother in fact you you know, because we choked about it,
that I was able, and it's now a great memory
that I will carry with me forever.
I was able about three years ago when I was,
you and I were just starting the pod, maybe four years ago.
I was visiting my mother,
she lived in an assisted living facility in Georgia,
and I carry my equipment everywhere, as you do.
And I was able to sit in the courtyard of this ALF,
and the audience didn't know it, you knew it,
that I wasn't just speaking to the camera and to the laptop,
my mother, in her wheelchair,
was on the other side of the table,
watching me actually live record it with you.
And that is now, I mean, at the time,
I thought it was meaningful,
but it's such a meaningful moment.
And, you know, my dad passed 10 years ago,
so he never saw that last chapter in my life,
in my career, in marriage to my wife,
and my baby's arrival, and everything related to you,
and Legal AF, it might as touch,
but my mother was there, you know,
right until a week ago, Sunday.
So, yes, I do appreciate it.
Sorry to take up so much time about it,
but I did, it is cathartic for me to be a part of this fellowship in this community that we put
together. And I do appreciate it.
I want to show some clips of Kristi Noem, what she said when it was announced that
basically the Homeland Security Department was going to treat Harvard like a terroristic
organization because Harvard was not allowing the Trump regime to take over all of the academic activities.
That's what the Trump regime asked for in this letter.
Everybody remember where this all started.
The Trump regime sends a letter to Harvard.
We wanna basically run Harvard now.
We want to know the political views
of your professors and your students.
We wanna have hiring and firing power.
We wanna let you know which students you can let in,
which students you can't let in.
You can't have diversity.
It's gotta basically be the students
who we want to go to Harvard.
We want full control.
And then Harvard hired actually
very prominent Republican attorneys.
And they responded with a fierce letter.
And then the Trump regime responded,
well, we never meant to send you that letter to begin with but now you're attacking us
So now we must attack you you should have realized that we sent you the initial letter by mistake
So then the Trump regime has been on a vendetta not just against Harvard, but against universities across the nation
And you know, there's a pattern here, right?
Like on Friday the the Trump regime targeted, though,
the top American corporation,
the most profitable American corporations, Apple,
caused $80 billion loss in Apple.
They attacked the top university in America,
which attracts the top foreign students
who create corporations in the United States.
They attack Harvard.
And the goal of all of this, in my view,
is to dismantle and destroy the United States of America.
So Harvard says, no, you can't touch us.
And then the Trump regime starts saying, okay,
well, we're gonna take away this billion dollar grant,
this billion dollar grant.
The federal government's not gonna provide any support
of that research that Harvard's doing that like save lives.
That's like actually helpful for the American people.
And then the Trump
regime said aha we're gonna use our authority to prevent foreign students
from going to Harvard and if you're a foreign student and you go to
Harvard we're gonna hereby declare you to be undocumented and therefore we're
gonna have immediate deportation rights and we'll send you wherever the hell we
want to send you which we know with the Trump regime that can mean South Sudan
That can mean Libya that can mean concentration camps in El Salvador
And of course earlier this week as well
We found out about Trump sending Burmese nationals to South Sudan in violation of a Massachusetts federal judge judge
Murphy's order
You have to keep track of all of these crazy things
and dangerous things that this Trump regime is doing.
I didn't even mention that in my intro.
So here's what Kristi Noem said, Michael Popock,
I want you to react to it.
Let's play her clip where she says,
27% of their students are foreign students.
So they're gonna have to find somewhere else to go.
Nanny, nanny, pooh, pooh.
Here, play the clip.
As you mentioned, 18% of Harvard's freshman class
this year are foreign.
They're foreigners here on student visas.
What happens?
Where do they go now?
What do they do?
We have given Harvard multiple opportunities
to give us the documentation that we've
requested to conduct oversight.
We've asked them for the backgrounds on students
that attend their university, their criminal activity on campus, off of campus,
any video or audio footage they have of this violent activity.
And they have just simply not complied.
This is something that they need to do in order to comply with this program as it was established.
And so unfortunately all of their foreign students will face the consequences of Harvard's lack
of protecting the individuals that go there.
So 27% of their students are foreign students,
and they will have to find some other university to go to.
And hopefully, they find one that cares about them
and provides a safe environment.
You know, that's what abusers sound like.
That's what abusers sound like. That's what abusers sound like.
So Popak, walk us through what Harvard did, the filing, what the outcome was, and where
we're at right now.
Yeah, let's start with the attack on the First Amendment that we are watching.
No, the federal government doesn't get to, quote unquote, supervise the activities of a university, a private
university that has a major endowment. I may not agree with some of the
things or a lot of the things that are said on college campuses, but unless
there's a direct link to some sort of terrorist activity or terrorist funding,
they have the right to say it. And the fact that it makes me uncomfortable or other people in our audience uncomfortable
is the very reason under the First Amendment
that they have the right to say it.
And whether they're foreign students
or they are U.S. citizens or however they are here,
if they're here on U.S. soil,
then they are allowed to criticize government policy
or the actions of an ally
or anything else.
Again, if they're not directly linked to terrorism
or otherwise, then they have the right to do that.
And that's why the American Civil Liberties Union
sometimes takes positions, and I fund them,
I'm a card carrying member of the ACLU,
and they take positions sometimes
that I kind of scrunch up my nose about.
But it's that very feeling of scrunching up my nose is the reason why I need
to defend the First Amendment.
I may not agree with what you say, but I will defend with my last dying breath
your right to say it.
And what we have is an out of control lawless presidency that's deciding to use
the power of the purse string and weaponizing all of its departments
and weaponizing the Department of Justice and weaponizing voter fraud investigations
and protections and all of that
in order to retaliate against entities
and organizations that he finds to be unsavory
because of his weirdo diversity,
equity and inclusion position.
Dismantling the oldest university in America,
brick by brick
is not what people voted for.
Just like we don't want Republicans in our bedroom,
in our, the females and our women in our lives,
kind of college-ist appointments.
We don't want them, you know, regulating academia
and how things are taught and what's taught.
And they're not the only university that has 20% or more of foreign students.
It is a little cottage industry that universities use by charging top dollar
for foreign students to come here.
It subsidizes their endowment.
It subsidizes the tuition of other people like the other 80% that are there.
And the fact that they're threatening graduate students
and undergraduates who are just coming here
to have an education, it is a very small percentage,
very small of that 27% that decides they want to, you know,
pull out bed sheets and start spray painting them and going
out into the square, Harvard Square and arguing
about apartheid or Hamas
or whatever the scandal of the week is
for the Trump administration.
And the rest are being tarred and feathered
by the Trump administration to get back at Harvard.
There's a very good reason, as you alluded to
leading into the segment, that Harvard has,
they've circled the wagons,
and there are a number of leading Republican lawyers
that have come out in support of not just Harvard,
but all the other institutions.
All the other institutions have signed letters
or have indicated their support from Yale and Columbia
and the other Ivy Leagues, even ones who have like bent over
to try to satisfy this out of control presidency.
And, you know, like University of Pennsylvania and Columbia
and different places, even when they're doing that,
they're still supporting Harvard.
Harvard hired, as we've talked about before, Robert Herr.
We will now all remember him forever
as being the special counsel appointed by Merrick Garland,
who used to be a U.S. attorney under Donald Trump,
who went after Joe Biden or investigated Joe Biden
for the document issue.
And now, apparently, we've gotten or are
about to get the audio transcripts of the interview
between her and Biden, as if we need
that at this moment in time.
But her, who's a Harvard graduate, joined forces
with a leading lawyer at Quinn Emanuel,
who until about a month ago was the ethics and ethicist
for the Trump Organization.
So he's a Trump lawyer, but he's also now jumped off sides.
He's representing Abrego Garcia and his law firm is,
and that kind of thing.
So they joined together.
It started with nasty letter writing,
which you and I as litigators know well.
I've
settled basically, I don't know, two cases my entire life based on nasty letter writing. I may
have other grounds to get a settlement, but that's not usually it. And so they went past nasty letter
writing. It ended up a lawsuit that they filed as more funding. It's almost like you're dealing with
the Trump administration,
kidnappers who just keep chopping off fingers,
trying to get you to pay the ransom.
You know, first it's the ear, then it's the finger,
and then the Lord knows what's happening.
So they keep, oh, $30 million in funding,
we're gonna cut off, $60 million in funding,
we're gonna cut off.
And, you know, are you gonna say uncle yet?
Are you gonna capitulate?
Are you gonna give in electricity, Kristi Noem run your faculty?
And then no, we're not going to.
And this case is ultimately gonna enter
about the Supreme Court.
But why don't you update them on the actual
sort of legal proceedings that happened
in the last week while I was out.
Yeah, the legal proceedings,
you had Harvard immediately file for a emergency injunction.
And then in record time,
you had a federal court in Massachusetts
grant that injunction right away.
I mean, quite literally, Popak,
I don't think we've seen an injunction issued
as quick as we saw here.
So it's yet another loss for the Trump regime here.
And then there were actually some other cases
because the Trump regime tried to attack international students and other federal courts as well. So there were other injunctions
that people may have heard of that related to kind of taking away the status of international
students at schools. It didn't directly relate to the issue with Harvard because in Harvard,
because in Harvard, it was the Homeland Security Department kind of wholesale, basically labeling Harvard a harborer of dangerous individuals such that it was not even able to receive
the certain types of visas.
Now, Pope Donald Trump was asked about why were you targeting Harvard like this?
And he gave one of the most bizarre responses as well.
He's like, maybe because they don't know basic arithmetic.
They don't even know,
they don't know two plus two equals four in Harvard.
That's why they don't know two plus two equals four
in Harvard.
So anyway, the status that we're at right now
is the judge in Massachusetts, Judge Burroughs,
granted Harvard's requested TRO,
and now there's gonna be more briefing on the issue as well.
Should also be noted right around the same time
that that happened, you had Judge John Bates,
a George W. Bush appointee,
as well ruling against the Trump regime,
their attack on the law firm of Jenner and Block.
It says it's by attacking Jenner and Block, the law firm
and trying to prohibit the law firm
from getting security clearances and representing clients
because Donald Trump doesn't like the lawyers.
They said it's blatant, this George W. Bush appointee says
it's blatantly unconstitutional and probably doubly so.
And it's one of the most egregious cases
that he's ever seen.
So that's the status there.
You know, another case to point out as well
was a federal judge's ruling as it relates
to the Department of Education dismantling.
It was a judge, it was a federal district judge
named Judge Joan.
A federal judge has blocked the Trump regime
from dismantling the Department of Education
and ordered the administration to reinstate employees fired
during the mass termination.
And I just got to read this for you
because all of the rulings,
PO-PAC sound like this as well against Donald Trump.
They always begin with, for over 150 years
or for over 200 years or for over,
they all start like that.
And if you're like, didn't you read me a ruling like this,
Ben and Michael Popak before?
Because a lot of these cases are saying
this has never happened in our country before ever.
So this is an example of that when Trump tries to impound
the funding for these departments that he wants to dismantle.
The Trump regime knows that without the authorization of Congress,
they can't dismantle an agency.
They can't completely just destroy the Department of Education or destroy FEMA,
which they want to do, or destroy Veterans Affairs, or destroy any of these agencies.
So what they do is something called impoundment. They impound. They take the funds that they're
supposed to faithfully execute the laws that are passed by Congress, and they don't faithfully execute the laws,
and they give it an interpretation,
even though Congress says the Department of Education
should get the money.
Well, we think that that's woke,
and Congress never addressed woke money,
so we can't give woke.
So that's how they'll do it,
and they say we're not gonna give the money.
But this is what Judge June had to say,
also from Massachusetts.
For over 150 years, the federal government
has played a crucial role in education.
Congress created the Department of Education in 1979
to streamline federal support of education
into a single cabinet-level department.
The department's role in education across the nation
cannot be understated.
It administers the federal student loan portfolio,
provides research and technological assistance
to states and their educational institution,
disperses federal education funds,
and monitors and enforces compliance
with numerous federal laws.
Congress enacted these laws to promote equality
and anti-discrimination in schools,
assist students with special needs and disabilities,
ensure privacy, and much more.
Then it goes on to talk about how since a reduction in force memo
by the Trump regime, basically funding has stopped
to the Department of Education.
And once again here, just like the defunding of FEMA,
Michael Popak, especially as we head into hurricane season,
which starts in just six or seven days officially, and experts expect
it's gonna be a bad hurricane season.
This is hurting red states, it's hurting blue states,
it's hurting purple states.
There are actually a lot more people in red states
who depend on the Department of Education.
So, you know, if you're in the red state
and why I'm combining this in this section, if you're like, yeah, they went after Harvard, yeah,
well, they stole your lunch money too. They stole your free lunch, okay? They
stole, you know, if you have a child with disabilities, that would be funded through
the Department of Education and grants and things like that to your school.
That's going to end as well. So you're being targeted as well,
and the Harbords are being targeted as well.
And that's why we as Americans need to all come together
and recognize that really all this is,
and it's further reflected in the disastrous bill
that we'll talk about in the next segment,
is a dismantling of America and trying
to create a Russian- style government here in the United
States. The biggest redistribution of wealth from that disastrous budget bill where they
slip in provisions which are unconstitutional and we'll explain why when we come back from
the break about preventing divesting federal judges from being able to make contempt rulings.
I mean really Article 1 is going to tell Article 3 you can't issue contempt rulings. I mean really, Article 1 is gonna tell Article 3
you can't issue contempt rulings.
But then you look at the distribution of wealth,
and I'm not even talking about the millions of people
who are gonna lose healthcare.
I'm not even talking about yet the millions of people
who are gonna be kicked off
Supplemental Nutrition Assistance Program.
Not even talking about the cuts to HUD,
which is gonna result in rental assistance programs. I'm not even talking about the cuts to HUD, which is gonna result in rental assistance programs
being gutted, I'm not even talking about yet,
the women's reproductive rights
and access to reproductive care,
that's totally gutted here.
Just if you look at the direct bill,
it literally steals $1,000 from people
who make between $0 and $50,000,
will just lose $1,000. And then if you make over $4 and $50,000, we'll just lose $1,000.
And then if you make over $4.2 million,
you've now gained, based on the direct result on day one,
setting aside all the other kind of tax tricks
you're gonna be able to do,
you've now gained close to $400,000
because your $400,000 has literally come from taking $1,000
from people who have made between zero and 50,000.
And I haven't even got yet to how the wealthy
are also getting all that money funded
by the fact that money from Medicaid, Medicare,
and all those other programs are being taken away.
So let's take our first quick break of the show.
I wanna remind everybody about the Legal AF YouTube channel,
which is absolutely crushing it. Everybody everybody about the Legal AF YouTube channel, which is absolutely crushing.
Everybody go to the Legal AF YouTube channel.
They're well on their way to 1 million subscribers there.
It's doing absolutely great.
Michael Popox also got the Legal AF Substack, and they're doing a really good job on that
substack talking about the cases and what's going on.
The Legal AF Substack, make sure you check that substack out as well, and also Michael Popak's law firm,
the Popak firm is doing really well.
We've got so many of our audience members
who have had cases or family members or friends
who have had cases reaching out to Michael Popak.
Now the firm handles catastrophic injury cases.
So bad trucking accidents, bad car accidents, wrongful death
cases, sexual assault, sexual harassment cases, big medical malpractice cases. If your case
or someone wrongful death cases, if your case or you know someone who fits that criteria,
reach out to PO-POK. If it doesn't fit that criteria, I just, you can still,
it probably doesn't make sense
because like PO-POK has a team looking for those types,
you can't handle every case.
So if it's one of those types of cases,
reach out to PO-POK's firm.
PO-POK, where can they find you?
Yeah, thanks, Ben.
It's easy.
Come to www.thepopokfirm,
and the name is spelled P-O-P-O-K,
thepopokfirm.com.
Or you can call 1-800-1-877-POPAK-A-F.
Let's take our first quick break of the show
when we get back.
Let's talk about what's hidden
in that disastrous budget bill.
Let's talk about whether Caroline Leavitt
may have actually waived immunity for
Donald Trump by saying that the crypto event was in his quote private time. And then let's talk
about these big cases that went before the Supreme Court, including Donald Trump and Elon Musk running
to SCOTUS to try to get them to block any discovery in Doge. We'll be right back after our first quick break.
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Welcome back to Legal AF.
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Popok, I did a video on this early this week and a lot of people want to hear your perspective
on it as well.
We all know that Donald Trump held this meme coin dinner.
The top 220 individuals or entities, most of them from foreign countries, who purchased Trump meme coins,
enriching Donald Trump personally,
got a private invite to Trump Resort or Golf Course
in Virginia.
I did a video on it earlier this morning as well,
where he gave him like, Trump gave him like,
the grossest looking steak also,
and like salad that looked like literally,
someone just like through like leaves
together but you know what else would you expect with the trump thing like that they weren't there
for the steak and the salad let's just say let's just say that so one of the questions was though
as donald trump is violating the law potentially by doing things like that, is that now in his personal capacity, and
obviously right now at this moment where Trump controls the DOJ and where the MAGA Republicans
in the House and Senate are absolutely feckless and complicit, aiders and abetters of Trump's
fascism, you know, they're not going to do anything right now.
But in the future, with the fact that there are, if crimes are being committed, does he
have a claim to immunity or not immunity?
So Caroline Leavitt, I think, thought she was being helpful because she didn't want
to turn over any information about the guest list, about who was there, who was having access, who were these people
who paid at least a million dollars,
some paid 15, 17 million dollars to be there.
I think we the people should know
who the hell are gonna be there.
Look, what is going on?
But she goes, that's his personal time,
that's his personal time.
Here's what she had to say, let's play.
You're welcome, thanks for being here.
Garrett, go ahead.
Kaila, you guys are very proud of your record on transparency. I have two
transparency related questions for you. On the president's dinner tonight, will
the White House commit to making a list of the attendees public so people can
see who's paying for that kind of access to the president? Well, as you know,
Garrett, this question has been raised with the president. I have also addressed
the dinner tonight. The president is attending it in his personal time. It is not a White House dinner. It's
not taking place here at the White House. But certainly I can raise that question and
try to get you an answer for it.
Okay. And on the Qatari aircraft, the Air Force has said they're going to classify all
the information about the work that has to get done to bring it up to snuff to be Air
Force One. Previous Air Force One contracts,
including the one that the President entered into in 2018,
are public. That's available knowledge.
Will the White House commit to releasing
who's doing that work and the cost of that work?
I understand that some elements might be classified
about specific systems,
but will you commit to releasing that basic information
so people can see ultimately what this costs?
Well, Garrett, as you know, that's a question
for the Department of Defense and the United States Air Force
who is accepting this jet as part of their fleet.
Declassify it in one.
Well, you'll have to ask the Department of Defense
and the United States Air Force
who is accepting this jet as part of its fleet.
Peter.
Well, go and ask Pete Hegseth,
who just issued his own unconstitutional order,
basically banning the press from even
walking around certain hallways in the Pentagon that they always had access to.
So the people who sell concessions and janitorial staff and others, and I think
just like random visitors now have more access in the Pentagon than their
reporters actually get.
And then that's not to forget that the reporters were kicked out of their office space in the
Pentagon.
But anyway, Michael Pobacki, take a look at that disastrous absolute immunity decision
rendered by the Supreme Court back in the October term of 2023.
And here's what they said about unofficial acts.
As for a president's unofficial acts, there's no immunity.
Although presidential immunity is required for official actions to ensure
that the president's decision making is not distorted by the threat
of future litigation stemming from those actions,
that concern does not support immunity for unofficial conduct.
The separation of powers does not bar a criminal prosecution or a prosecution
predicated on the president's unofficial acts.
The first step in deciding whether a former president is entitled to immunity from a particular
prosecution is to distinguish his official from unofficial actions.
In this case, no court has thus far drawn that distinction.
Then it goes on to say critical threshold issues in this case are how to differentiate
between a president's official acts and unofficial actions and how to do so with respect to the indictment's
extensive and detailed allegations.
The court offers guidance on these issues.
Then it talks about the context.
The context, page 29, the context in which the president notwithstanding the prominence
of his position speaks in an unofficial capacity, perhaps as a candidate for office or party leader.
To the extent that may be the case, objective analysis of content form and
context will necessarily inform the inquiry.
Well, Michael Popak, if speaking as a party leader or as a candidate is
enough to waive the immunity, how about a crypto snake oil salesman, Michael Popok?
What do you think about that?
Well, I think a lot about it.
Let's break it down.
First of all, Donald Trump's has made $330 million or more
just in crypto sales.
He does it a couple of ways.
It gives access to foreigners
who couldn't directly donate to Donald Trump
to gain influence because that would be
against the federal election laws.
Half of the 220 people that attended this dinner
in Virginia at a golf course for Donald Trump
were from outside the United States,
including Justin Son, Banana Boy,
the guy that made so much money in crypto
and other things that he bought a banana taped to a wall
for tens of millions of dollars.
He is now an advisor to World Liberty Finance,
a company owned and controlled by the Trump family.
He won the award for a $19 million digital wallet
holding as much Trump meme coins as possible
to gain access, showed up in a tux, posted some triumphant video
of him arriving, and all of this,
to Carolyn LeVette's non-point, on the taxpayer dime.
Because unless Donald Trump is reimbursing the taxpayer
for the 30 or 40 million dollars worth of secret service
and the failings of SUVs and everything that went into it,
and the failings of SUVs and everything that went into it. It's not, it is either a taxpayer funded private event
or it's something else entirely.
What we watched is one of the greatest griffs in the history
of America and presidential corruption going
on in plain sight.
That's why you and I and others have to call it out.
So you have half of, 110 people in there or so are foreigners
who are putting money directly into Donald Trump's pocket in plain sight.
He makes his money in a number of different ways.
He doesn't care what the value of the meme coins is,
even though he and his family own 80 percent of the meme coins
because they've only issued 20 percent of them.
That's not how he makes his money.
How he makes his money is controlling the market.
He is the market maker for the sale of the meme coins.
He just cares about the VIG.
He gets a commission and his family gets a commission
on the buy and the sell.
So he just wants volume.
He wants buy and sell because he gets a commission
on each of that.
In order to make this market work,
to have the buyer and the seller switch off
on the interface, there has to be a liquidity pool.
And the liquidity pool is Donald Trump's money.
So Donald Trump doesn't care about the value
of the meme coins, because he makes the money
on the brokerage commission, right?
So you got that going.
That's how he has made since November,
actually since January, $350 million for the family,
just that, I'm not talking about all the other
corruption scandals, I'm not talking about
the $400 million cutter plane that is really a promote
or success fee that should have went to the limited
investors for the $5 billion Qatari development
that the Trump family is doing with other limited investors
and they took as part of their fee, a $400 million plane
that's gonna get money laundered through the US government
to avoid taxes through the Department of Defense,
you know, with all this.
And I can't even believe, I don't know who that pinhead is
that asked that question.
I don't know what news organization is that guy from
that threw the softball, Carolyn LeVette?
I'll go look it up right now though. No, no, I, I didn't mean that. I didn't mean to stump you. All right
I'm sure I was thinking was I think it was NBC, but all right
Is there but but is there really a distinction right now between no, no
So he throws this he starts with I know know the Trump administration is definitely committed to transparency.
That is a complete lie.
You and I are gonna talk about the Doge case.
This is, I did a hot take on it for Legal AF today.
This is the opacity of dope.
They wanna hide everything.
They've been hiding everything from you.
They're not transparent.
They don't want you to know what Doge is doing. They don't want you to know what Doge is doing.
They don't want you to know what Elon Musk has done
or what Russell Vaught at the Office of Management
and Budget is doing.
They don't want you to know any of that.
There's no more wall of receipts.
You don't get to know as an American taxpayer.
I thought this was our government.
I thought this was the people's house.
Wasn't that what they chanted on January 6th?
Where did that go?
And pardon me, instead, we've got open influence peddling.
There's no other word for it.
There is a word for it.
It's called influence peddling.
By Donald Trump and his family selling access
at a bullshit dinner, they made, Ben,
they made over $2 million when they announced the dinner
in their pockets.
So the obvious goal of Donald Trump, back in the day,
I joked about this with Dina on a hot,
Dina's all with hot take.
When I was a young man, when I was your age,
when I was 40, they used to ask the presidential candidate,
and it used to be a big like gotcha question
on 60 minutes or otherwise.
What is your burning desire?
Why do you wanna be President of the United States?
And some people fumbled it.
Like Gary Hart didn't like come up with an answer.
And he completely tanked his presidency.
Cause you think, weren't you ready for that question?
If you ask Donald Trump and put him under a pentothal
and truth serum and you asked him,
why are you running to be the President
of the United States for the second time?
Why?
He would tell you if he was being honest,
he would tell you it is to avoid jail,
it is to make as much money for my family and for me
as humanly possible and turn the White House
and the Oval Office into a printing press.
That's two.
It is to retaliate and exercise my vendetta plan
against all the people that had their knives out for me It is to retaliate and exercise my vendetta plan
against all the people that had their knives out for me
and went out and went after me
because of my criminal conduct primarily.
That's three.
And to pay my debts, not to the American people,
to those that supported me
and that were a government in exile waiting for my,
for me to come back, pardon me,
including the Federalist Society,
the Heritage Foundation, Project 2025, and he's done.
All we've watched for the last almost less than 200 days
is paying off his debts, including to the oligarchs
and tech bros and everybody that lined his pockets,
making his money, avoiding any criminal liability,
of course, we've seen that already, and a retribution plan. This is the making his money, avoiding any criminal liability, of course, we've seen that already,
and a retribution plan.
This is the making the money part.
And right, this is the chapter there we're in right now.
You notice in that list, Ben,
as you so eloquently put over and over again in your odd takes,
nothing for the American people.
He didn't run to help the American people.
This whole dismantling thing that we're watching,
this cutting the umbilical cord
between America and its government,
this is showing the receipts to the people
that supported him in the Heritage Foundation
and the MAGA right.
That's all this is.
And he doesn't care about the American people.
All he cares about is getting,
and you and I will talk about this three years from now,
he will walk out of this presidency
with over a billion dollars for his family,
like any good kleptocracy, on the way out.
And that is his goal, and I'm sure there's,
Stephen Miller's probably counting the money,
there's probably like a telethon total
with like a chart in his office about how much he's making.
And this that we just watched, I agree with you.
I think, Carol, if they're gonna put this in that
there was four buckets from the immunity decision,
if they're gonna place this because they feel they have to
in the private conduct immunity bucket,
then he should be able to,
but who's gonna prosecute him at this moment,
but he should be able to be gone after.
If we ever get what you and I have been calling for,
and we've been yelling it from the rooftops,
if we get accountability back in government,
we get checks and balance back at the midterm
with the Senate and the House return to the Democrats
on the way back to a return to the White House in 2028.
You watch the things that you and I are talking about
and we look at the camera and go vote,
it's gonna be, okay, impeachment,
it's gonna be investigations,
it's not just shadow investigations, real investigations.
And that's what we need.
This needs to be investigated.
The fact that he just held a private dinner with a hundred,
they're talking about Harvard and foreign students
with bed sheets at Harvard Square.
I don't care about that.
I care about the hundreds of millions of dollars
that change hands in influence peddling
at a Virginia Trump golf course.
Unfathomable in any other era,
other than the fact that we have to recognize,
and it's a hard thing as someone who loves law
and order to admit, but that the United States currently, May 24th, 2025, is not a democracy.
We are an authoritarian regime, and we are not living in a system of checks and balances.
We're not living in a constitutional democracy that does not exist.
There's a, it's here now, there's not a constitutional
crisis taking place that assumes that the crisis is still
it's over.
We're living in authoritarian regime.
The question is, will the resistance and opposition
be able to topple the authoritarian regime
like we've seen in Eastern European
nations, like we've seen with peaceful protests throughout the world that have been able to
stop authoritarian regime.
But we live in a dictatorship.
I've had some international friends reach out to me and they said, Ben, think about
it.
Imagine if you heard the Prime Minister of Canada was doing X, Y, and Z.
Imagine if you heard that the French president was doing all of this.
Would you say that that was a democracy?
And when they framed it that way, I said, you know, it's a good point to frame it that way
because you would say, oh my God, France has fallen, the Canada has fallen.
That's how they view us.
And they don't view us as strong.
They also view us as an authoritarian regime. That's very very weak. They see Donald Trump and JD Vance
Capitulating this is not the political analysis show. It's the legal analysis show
So I won't go into the foreign policy stuff
But just to mention Donald Trump's on again off again on again off again tariffs
Just makes him in the United States look absolutely crazy.
It doesn't look strong.
He hasn't done any deals.
He caves after he post social media stuff.
He's not even involved in negotiations between Ukraine and Russia anymore.
He's so I'm going to do sanctions on Russia and then didn't do it because
he's actually rooting for Russia.
Um, no peace in 24 hours.
And then he's attacking America from within.
Bringing it back to the legal, let me make a very simple point for everybody.
Did Bernie Madoff, one of the biggest Ponzi schemers in American history,
did he announce, hey everybody, I'm a Ponzi scheme?
Do you think Bernie Madoff would have liked
to get depositions?
When the SEC investigated Bernie Madoff the first time,
do you think he was just handing over
all of the documents to them and like, here you go?
Or do you think he wanted to do everything in secret
in the dark of night and not give any of the information out?
They would hide it on the different floors of the building.
And now not just Bernie Madoff, in your experience using common sense or if you've been the victim
of fraud, do the scammers like to tell you that they're scamming?
Do they like to actually go over and give you the list and the documents?
Of course they don't.
So one of the ways I analyze is someone scamming me or not scamming me is I just want to look
at their basic behavior. If they say they want transparency but then they're
afraid to go before Congress and afraid to be in front of a public hearing, I
don't care what political party you're from, that should raise a red flag where
they're desperately afraid when they're in positions where they should have
their depositions taken,
where they do everything to try to avoid that, that raises red flags to me. Where
Congress decides, wait a minute, we're gonna do all of these amendments and
changes to this budget bill at 1 a.m. Why 1 a.m.? Because people are sleeping and
they won't get and we could try to sneak things in, that raises a red
flag to me, not as a partisan, but as a person who views that behavior and goes, what are
you trying to hide?
So where someone like Elon Musk goes, well, I'm posting everything we're doing about Doge
on Twitter and he's wrong and lying over and over again.
And then Congress says, Hey Musk, why don't you show up and testify?
And then all the MAGA Republicans block that.
Well, he's doing work for the government.
Why shouldn't he have to testify?
That's kind of a crazy thing.
You're not going to testify.
Shouldn't you be proud and talk about all of your accomplishments?
If you think you've made them, you're afraid to testify under oath.
And then you're like, well, it's actually not me who runs it.
Amy Gleason.
All right, well, let's let Amy Gleason have her deposition taken.
No, no, she can't have her deposition taken.
So can we depose any, but can we get any information from Doge through a legal process, through
a court proceeding, through document requests, through depositions or through congressional
hearings?
No, no, no, you can't do that.
But trust us, trust me, we've created a website
and we're gonna just post what we say
we want you to see on our website.
Again, I don't care what political party you're from,
that should strike you as effed up.
You should go, what?
No, no, no, just give me the real documents.
Go in front of the real deposition.
Let's see the documents.
And then when they desperately fight this,
like their life is on the line, I go, holy shit.
There must be some real crazy stuff
that they are trying to hide.
And that's precisely what the Trump regime
has been doing with Doge.
They rushed to the Supreme Court after a federal court in DC and a circuit court that oversees
the DC federal court said, just turn over the documents about Doge as part of Freedom
of Information Act requests.
Oh, no, no, no, we can't do that.
We can't do we're private.
We're within the executive office.
These are executive privilege documents. You're posting something on the website
You're bragging about the things that you're doing what you're lying about
So you are publicizing some things but the actual real facts those get subject to the privilege
Oh, no, no, we can't we just can't let you know. Hey, hey Supreme Court Supreme Court. We need your help
Justice John Roberts, we need you to issue an injunction
Please stop.
We can't have Amy Gleason, this random person
who we just made the head of DOJ, be deposed.
We can't have that happen.
Why not?
You work for us.
There's fundamentally, as you talk about Michael Popok,
where we are heading in the future of accountability,
there needs to be a recognition
that public servants are servants.
They're public servants.
They serve us.
They serve the public.
We don't have kings, and now we do in the United States,
but we shouldn't.
This belongs to us.
And the authors of Project 2025 and those
who have propped up authoritarian regimes
have the understanding that there is
a counterintuitive human reflex to suffering.
And sometimes if you can make people suffer and you torture them, there could kind of
be a mass Stockholm syndrome type of thing where people then accept the breadcrumbs and
they're like, oh, thank you. Thank you
Thank you because you make people believe they're not entitled to things you make people think that they're worthless
You make people think that they have no shot and no chance
What was always great about America for its flaws that it had was there was this concept of an American dream?
There was a concept that no we the people people had the power, not they the kings and queens.
That's what we were found in our very founding documents.
So to me, when I see the Trump regime rushing to the Supreme Court and the Supreme Court
issued a temporary administrative stay, it's not the full stay, but they basically said,
all right, no Amy Gleason depot.
They don't have to turn over their documents yet.
We're gonna decide what's gonna happen,
but you don't have to turn it over yet.
It's a temporary thing.
Justice Roberts issued it.
But to me, when I see people,
we'll talk about this in the next segment,
who are getting screwed by Trump's budget bill,
like literally getting money stolen,
losing their healthcare, getting killed.
And it's the same people rooting for Elon Musk
and Amy Gleason and Trump not to turn over the documents
that belong to them.
I look at these people and I go,
what the hell has been done to you
that makes you feel so worthless in your life
that you live vicariously to people
who think that you're a piece of shit?
Where did that happen?
How did that happen in your life that you're willing to accept that bullshit?
And I mean it and I'm happy to curse there.
How did that happen in your mind?
It's not a Democrat or Republican issue.
It's they're playing you.
They think you're stupid.
They're pickpocketing you that you're no offense to clowns.
You're you're a clown to them. That's how they they're laughingocketing you that you're a you know offense to clowns. You're you're a clown to them
That's how they they're laughing at you that you're a mark and they take and they take and they take from you over and over
Again, and you still show up at the rallies with your dumb red hat
We're gonna come back with our last quick. We'll do a last quick break right now Michael Popok
Michael Popok's law firm,
the Popok law firm, or the Popok firm is crushing it.
We've got, Popok, you've signed up a ton of cases
from people who watch the show.
So for people who go, I don't know,
are they gonna take my case?
I don't know.
If it fits the criteria, yes.
If you or someone you know have been
in a catastrophic accident, a trucking accident, a bad car accident,
if you know someone who's been,
who's a wrongful death case,
PO-POC's handling it and PO-POC partners with the best
lawyers in the country.
Where could they find you, PO-POC?
Made it easy on them.
There's a reason we focus on those cases.
They really are life altering cases.
And that's where the law and your life,
the rubber beats the road,
and so that's why we're focusing on those cases,
and I put a great team together to do it.
Two ways, your choice.
It ends up in the same place where you're being evaluated
by people who know what they're doing,
and it'll handle it with the tender care that's required.
You can go to the website, www.thepopokfirm,
P-O-P-O-K is the spelling on that,
or you can call a 1-800 number, 1-877-POPOC-A-F.
Wanna remind everybody about Michael Popok's YouTube channel,
the Legal AF YouTube channel, the Substack, Legal AF Substack. Subscribe to both. We're gonna take our
last quick break of the show when we come back. Let's talk about the other
Supreme Court rulings, the issue about whether taxpayers need to be funding
religious schools. I know you've covered that one, Popak, a divided court there.
We'll talk about the implications of what that means.
The Humphreys executor case. I'll let you take those Supreme Court cases, Popak, when
we come back from our last quick break of the show.
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A busy week for the Supreme Court.
You've got basically Humphrey's executor,
long-standing 90-year precedent getting overturned
through a shadow docket ruling,
which the liberal justices were absolutely pissed off for,
and rightfully so, although it seems that the Supreme Court created a carve out where
Trump, you can fire every commissioner or every agency head that you want, even
where Congress provided only for four-cause termination. Donald, you don't
need to give a four-cause justification, just file, fire the National Labor
Relation Board's head, Gwen Wilcox, or fire the Merit System Board head.
It doesn't matter.
But the Federal Reserve, that's different.
You can't do that one, Donald.
I mean, it is just a made-up distinction
that the Supreme Court's making,
knowing that Trump will probably destroy their retirements.
So they're selfishly saying, just don't do that one.
All the other stuff that, like,
you know, the regular folks rely upon, you can get rid of
those people.
The Consumer Protection Bureau heads, the National Labor Relations Board.
Oh, by the way, great work there to any union leaders for Trump for that one, you know,
just literally destroying the National Labor Relations Board. Y'all played yourself. I'm glad that you both, any union leader who supported
Donald Trump, and I'm looking at you, Sean O'Brien, the Teamsters, had really fantastic
work right here. I'm sure that was a great victory for Labor to now have the National
Labor Relations Board totally gutted. It's so offensive to me as someone who supports labor. Anyway,
Pope Bob, there was that decision. Then the religious, the case about should public taxpayers
be funding religious schools. Why don't you get into it, Pope Bob? Talk to us about it.
Yeah, happy to. So we had a few rulings and things that have developed with the United
States Supreme Court. It's quite unusual if you look at your calendar or your watch right now, I guess your calendar. We're heading into Memorial Day weekend and you and I are not normally talking
about Supreme Court decisions this late in the game, but there's about 15 or 20 or more decisions
that we're waiting for to drop, primary reason they've been delayed,
something you touched on,
which is Donald Trump's exploitation
of the emergency docket, the shadow docket,
to bring, or as Justice Kagan wrote,
and I'll read part of it in a minute in her decision
about the National Labor Relations Board
and the Merit Service Protection Board,
it puts the case and the court on a short fuse
with a skeletal record with insufficient briefing
and no oral argument.
What could go wrong when you're making major decisions
like whether a 1935 Supreme Court precedent
should be taken off the shelf or not?
And that apparently is what we just have done.
So the reason we're getting these cases so late is because they're still filing
emergency applications because even though they're not winning the ball,
they're winning enough of them that they think it's worth trying Trump
administration. So, you know, we have like 15 emergency applications.
So we had an emergency application filed. You touched on it, about the secrecy around Doge.
And just the one thing I didn't get to talk about that
when you did the segment.
The person that's running Doge isn't any of the people
you and I've discussed.
Elon Musk is gone.
Amy Gleason is a puppet figurehead.
They literally got her off of it.
She was on vacation in Mexico, I think in Acapulco,
when they announced that she was now the head of Do it. She was on vacation in Mexico, I think in Acapulco,
when they announced that she was now the head of DOJ.
She had no idea that that was gonna happen probably
so minutes before it did.
The person that is really running DOJ is Russell Vaught,
the Office of Management and Budget,
which holds the nation's checkbook in his hands.
He's also the father, self-professed, of Project 2025.
And he's really the head of DOJ.
That is, and that is what that case is about,
trying to get to the bottom,
just from an informational standpoint,
about who's running what.
It's not about, just to be clear,
because you talked about the case at length,
but that case is not about in front of Judge Cooper.
It's not about funding or refunding a federal agency
that was defunded or reconstiting a federal agency that was defunded
or reconstituting a federal department that was destroyed
or hollowed out like the Department of Education
or reestablishing the relationship between the people
and the federal government, none of that.
It's just about information.
And yet that's why I laughed when I heard the guy from NBC,
I guess, say out loud,
the Trump administration is all about transparency.
They're nothing about transparency.
It's the opposite.
So you have that going on and that filing.
And then you had sort of two things that got decided
or at least one permit.
Well, neither of them really permanently.
We had a deadlock four to four on whether taxpayer dollars
and the government should be
in the business of supporting religious organizations running public schools.
We call them charter schools, but they're public schools.
Oklahoma thought that was such a violation
of the First Amendment's Establishment Clause
that even Ruby read Oklahoma's Supreme Court and said,
yeah, that's too far for us.
No. And they denied it.
So that's how it came up to the United's Supreme Court said yeah that's too far for us. No. And they denied it. So that's how
it came up to the United States Supreme Court with that ruling. Now when we got there and on Legal AF
we did one I think it was one I think it was our first or second live feed of the oral arguments,
all audio at the United States Supreme Court. And I did some color commentary in and out, enduring in the chat about it.
And I said at the time, the best we can hope for, with Amy Coney Barrett stepping off the court
for that oral argument and the decision making, basically because her best friend
at the University of Notre Dame and the godfather, the godmother of one of her children,
it was an advisor to the religious school
that brought the case.
She won't ever let that happen again.
They'll never bring a case
through the Notre Dame Religious Institute again.
But she felt, unlike Alito and Thomas,
who've never seen a conflict that they haven't decided they
don't need to recuse themselves about, she stepped off.
Now, she might have stepped, there's some speculation she
might have stepped off for some other reasons. I'll leave that for another hot take. But she stepped off. Now she might have stepped, there's some speculation she might have stepped off for some other reasons,
I'll leave that for another hot take.
But she stepped off, leaving potentially a deadlock of 4-4.
And I said at the time, the best we can hope for,
listening to the oral argument,
and the questions that are being asked,
is that somehow Roberts, who generally is very pro-religion
in public life, slides over with the other three,
and we get a 4-4 deadlock, which results in no precedent,
a P-R-E-C-E-D, no precedent, no majority opinion,
and the Oklahoma decision stays in place for now,
subject to another law, another case coming up,
maybe even this case coming up again,
to the United States Supreme Court for a full majority decision because Amy Coney Barrett would have been the
majority vote. So that's what happened. Roberts, maybe because it's a junk time
play, it's like that player after there's a blowout in basketball, he scores another
15 points, you know, even though they're 30 points up, you know, either Roberts
said, well, this vote won't really matter.
Let me just go 4-4, I'll side over here,
and we won't be able to issue a ruling,
and we'll leave it for another day.
Or he really believes that this was a bridge too far
in terms of the debate.
Let me just frame the debate for you and the vocabulary.
Every time you hear the right wing want to support religion in public life
and in government life,
and to tear away the last brick
of the separation between church and state,
they will point to,
to the exclusion of everything else in the First Amendment,
they will point to the free exercise clause.
Free exercise, we get the free exercise,
we get to exercise our religion,
and the government shouldn't get in the way of that.
Right, but there's also the establishment clause,
which says that the government also shouldn't be funding
and shouldn't be doing anything to establish a religion
or to keep it going or propel a religion.
There's always this tension
between what is free exercise
versus what is the government establishing.
So to the moderates and the democratically appointed wing
of the Supreme Court, people like you and me,
we focus heavily and we're very sensitive
to government intrusion into the world of religion, right?
Because there's a lot of people in this country that are,
we're not all the same religion, and some of us are of no religion.
And that's okay.
That's why we left puritanical England to come here, right,
and not have the Anglican Church running our government.
And so when you looked at the series of cases
since Amy Coney Barrett had been on,
because one of my thought bubbles for my hot take
that I just put up on Legal AF YouTube
is what would Amy Coney Barrett do?
Because it's gonna matter in the next case that comes up.
If you look at the cases from 2020 forward, she generally sides for and has never found
a case in which the establishment clause has been violated, and she always sides on free
exercise or First Amendment rights, whether it's the baker who doesn't want to make a
cake for a same-sex marriage couple or the website designer who doesn't want to make
a website because it's forced, compelled First Amendment speech for a same-sex couple or the website designer who doesn't want to make a website for
because it's forced compelled First Amendment speech for same-sex couple or
it's a Christian flag flying in Boston or it's putting gym equipment you know
using government dollars to pay for gym equipment at a Catholic school or it's a
college or high sorry high school football coach who wants to do a prayer kneel at midfield,
make his players participate in it. This is all fine with her and with other aspects of the court
as well. So the question is, what would Amy Coney Barrett do when the next case comes up?
At 4-4 deadlock, the Oklahoma decision stays in place and
Oklahoma for now will not be able to have religious organizations running
charter schools, public schools with taxpayer dollars. It does not set a
precedent throughout the country and you know Ben as well as I do in our
audience that we're gonna get a case next term, not an emergency application
this summer, but next term starting the first Monday in October. We're going to get a case up for Louisiana, from Texas, from Florida,
and maybe from Oklahoma. The governor of Oklahoma said, we're not taking this lying down. We're
going to do something about it. All right. So we're going to get another case and it's
not going to come up through a consultant that Amy Coney Barrett is best friends with,
her BFF. It's going to come up through somebody else and Amy Coney Barrett is going to be
there. So next year, next term, you and I are gonna be talking
about this case.
And some people might say, I thought that they upheld
the Oklahoma decision about establishment clause
being violated.
They didn't, they just didn't have the votes
to disturb the decision and that's different.
So that's the Oklahoma case.
Yeah, isn't it just funny though,
there's sounds like a basic point So that's the Oklahoma case. Yeah. Isn't it just funny though? There's sounds like a
basic point though that the Oklahoma Supreme Court, okay,
in Oklahoma, Ruby red, Ruby red, they were like, because you
know why they realize that this, that there's a reason why there
was a separation of church and state because a lot of this kind
of the the far right religious
zealot type teaching is really harping the Oklahoma school districts ability
for kids to get basic education. Oklahoma's like last in education. This
whole charter school thing has ripped the Oklahoma education system to shreds
and you see these laboratories of autocracy,
like Oklahoma and Arkansas and other red states
that go out there and they wanna push this on blue states.
And it's like, y'all stay out of California.
We're the fourth largest GDP in the world, okay?
Stop it.
You know, the same thing we see in New York
and Massachusetts in Illinois
You know that these red states and we saw this debate with Congress
You know over the fact that and a lot of these MAGA Republicans in the red
In the red dots in blue states promised that they were gonna get rid of this at state and local
Tax exemption cap at ten thousand or move it to $100,000.
And they got it to $40,000,
which is a betrayal still of what they told.
It would have just expired this arbitrary cap
that Trump put on to penalize blue states in 2017
had they done nothing.
So they're still like harming their own states
and that in other ways,
but it's like the blue states by and large are the donor states that are subsidizing the taker states and the taker states are pushing forward this actual radical right wing ideology.
that's destroying their states, and now they're trying to use their template
from within for the country, and it's like, no, it's just not.
We'll do it this way.
If you take, you and I talked about polling
a couple of weeks ago when I last did the show with you,
you look at the states where Donald Trump
is polling the highest, and you match it with the states
who have the highest levels of childhood poverty, the highest and you match it with the states who have the highest levels of childhood
poverty, the highest infant mortality rates, the lowest literacy rates, there's a direct correlation.
They don't make the correlation that it's because of those those those transgenders
in the on the volleyball team that's what we're doing. It's the fentanyl transgenders coming through Canada
and Mexico that are making our babies die.
But you know, when you take away education from people
and you also give them technology,
they become susceptible to this crazy crap
that infiltrates their minds and they start saying oh my god
You know, this is what's doing this to me when it's like not just maybe maybe put this away and actually look around you and see
Who's been doing it drive to a blue people? I'm sorry to interrupt you there, but I'm
Humphreys executor. Yeah, that's all right. So that's that case.
Then you and I talked at length.
And there's something that got totally missed.
I did it on a hot take, totally missed
by the United States Supreme Court,
even by the advocates at the United States Supreme Court
about the, I'll just say it out loud,
because you got to curse, I'll do it my way.
Donald Trump hates organized labor.
Donald Trump hates workers.
And Donald Trump hates federal workers who are unionized.
OK, now that I've said that, let me explain what I mean.
The two firewalls that protect organized labor and workers
in America, which is most of America, including me and you,
is two things that were created by Congress in order,
because of labor strife and go watch movies
about Jimmy Hoffa and things like that,
and the attack on patronage and the federal workers,
two different entities, independent agencies,
got created by Congress, one being the Merit
Service Protection Board and the other one being the National Labor Relations Board,
NLRB and the Merit Service Protection Board.
And there's others too.
But these are the two that we're going to talk about here today.
Donald Trump hated them and decided he wanted to dismiss Democrats who had been appointed to
that.
But it goes further than that because he's effectively completely destroyed those two
entities because they no longer have a quorum and he's not going to fill those chairs anytime
soon.
The Merit Service Protection Board, which was headed by Kathy Harris, who was in the middle of a 10-year term, had three members.
It now, with her dismissal, has one.
With the one, it doesn't have a quorum.
It needs two for a quorum.
By getting rid of... It's not just about getting rid of her
and the power of the executive once Congress...
Because under the theory of the Supreme Court,
once Congress made the baby and gave it to Donald Trump to raise, he could do whatever
he wants with the baby.
And they can't say anything about it because it wields too much executive power and he's
allowed to fire or get rid of the baby without cause as opposed to what Congress wrote in
the statute with its bipartisan fashion created these things to protect.
Congress even went so far as to try to remove them
from political influence by requiring that it be balanced
and there not be too many Republicans
or Democrats at any one time.
That's all out the window now.
Why? So that was one.
Let me stay on the theory, the thematic of,
he just put out a business, two entities
to protect federal workers, and nobody's gonna make him
put him back into business, and that was their real goal.
The National Labor Relations Board has five,
it's supposed to have five.
When you get rid of Gwen Wilcox,
and the other seats that had not been filled,
they're below the quorum.
So they can't make any decisions at all.
Now they don't exercise fundamental executive power.
They are specialty entities that were responsible
almost like hearings, doing hearings and investigations
about workplace and whistleblowing
and protecting against retaliation and abuse
in the job and abuse in the
job market, in the job market, in the
employment pool, that kind of thing. That's what they're for. So that's what
has happened, not mentioned in the reporting, not mentioned in the case, but
that is the effect. Donald Trump has trapped them at Amber and they no longer exist as a result.
So what happened is the Trump ran again
with another emergency application through the shadow docket
to try to overturn a series of decisions
that came up in the DC Circuit Court
that reinstated Wilcox and Harris back into their chairs.
And we thought, look, the leading case here
from 1935 is a case you and I call,
shorthanded, Humphreys executor.
Why? Because there was a guy named Humphreys who was fired
by Franklin Delano Roosevelt
because he didn't like the color of his party.
He was a Democrat.
He was Republican.
That was the only reason. He'd been put on by Herbert Hoover. And he was on the Federal Trade Commission. And they bounced him. And the Supreme Court said, even though it's an executive agency, it was created by Congress. It doesn't wield that much executive power. It's an independent body that's dealing with trade regulation. And you can't do it. Humphreys executor. And since 1935 that's been the
case. It was reaffirmed in 2020 in a case called Celia Law but the
right wing on the court has hated that because it is inconsistent and
violative of their unitary president model which is a totally complete
all-curse bullshit that is not what the Founding Fathers envisioned.
As recently as, there was a fringe theory
that Supreme Court justices like Sandra Day O'Connor,
appointed by Reagan, called out just 30 years ago
and said, that's a fringe theory.
Nobody believes in the unitary executive branch
that he can do anything he wants and fire whoever he wants and crossover agencies created and said, that's a fringe theory. Nobody believes in the unitary executive branch,
that he can do anything he wants and fire whoever he wants
and cross over agencies created by Congress.
But now, that's the dominant theory, of course,
such as Kavanaugh and Alito and Thomas.
And so, they wanted to get the thing that was stopping them
from their evilness of trying to give the president,
whoever it is, as long as it's not a Democrat,
the ultimate power is the case of Humphrey's executor.
So they've been chipping away at it every year.
And here in an emergency docket, we were like, well, you can't overturn Humphrey's executor
on an emergency application, can you?
And if you apply the law, you keep them in their chairs until the full appeal happens over the next year
and the rest.
No, that's not what happened.
Roberts gave an administrative stay
that you and I reported on.
Then it went to the full court.
And in a six to three decision,
I wanna talk about the dissent in a minute,
as I grab the ruling, we now have the ruling
in nine pages or less.
And what they said was, Humphrey's executor is out there,
but because these two agencies wield so much executive power
even though the statute that created them says
that they can't be fired except for cause,
that violates separation of powers
and the power of the executive branch.
And we find we're not gonna overturn Humphrey's executor.
We're just gonna find there's an exception to it here.
But they're so effing worried about Donald Trump
cutting the umbilical cord
between the American economy and planet earth
by getting rid of the central banker
in J-Powell and the Federal Reserve.
This is the second major organization in 10 days that have both warned Donald Trump not
get their, get your greedy little hands off the Federal Reserve because you're going to
wreck the economy.
You and I reported last week about Moody's downgrading the American credit rating because,
and warning Trump if he does anything to the Federal Reserve, he's going to downgrade
the rating for the bonds, the credit worthiness of American debt again.
And now you have the US Supreme Court completely apropos of nothing, as Justice Kagan said
in her dissent, out of the blue, just came out with a, I'm going to read it to our audience.
Here's what they said.
Here's what they said. Here's what they said
Finally This is like a one-liner in Wilcox and Harris's papers and they decided it was a mention of the Federal Reserve
We can run with this. Here's what they said
Finally, it's on page two finally respondents Wilcox and Harris contend that arguments in this case necessarily implicate the
Wilcox and Harris contend that arguments in this case necessarily implicate the constitutionality of four-cause removal protections for members of the Federal Reserve, Board of Governors,
and the Federal Open Market Committee.
We disagree.
This is not the premise of the case.
The Federal Reserve is a uniquely structured, quasi-private entity that follows in the distinct
historical tradition of the first and second banks of the United States. In other words, get your greedy
paws off the Federal Reserve. Here's what Kagan had to say about that. Kagan said
first of all, what are we doing? We're on the short-fuse skeletal docket, no
oral argument world of emergency docket, emergency injunctions, and you guys are
getting rid of Humphrey's executor? Seriously?
But then she goes on and says,
this is on page seven of her dissent,
which was joined by Sotomayor and Kataji Brown Jackson.
She says, in valuing so highly in an emergency posture,
the president's ability to fire without cause,
Wilcox and Harris, and everyone liked them,
the majority all but declares Humphrey itself the emergency.
Except apparently, this is all the writing of Kagan, except apparently for the Federal Reserve.
The majority closes today's order by stating out of the blue that it has no bearing on the
constitutionality of for-cause removal protections for members of the
Federal Reserve Board or the Open Markets Committee. I am glad, the way she wrote this,
this is so cheeky, I am glad to hear it. And she wrote, and do not doubt the majority's intention
to avoid imperiling the Fed. But then today's order poses a puzzle.
For the Federal Reserve's independence rests
on the same constitutional and analytic foundations as that
of the NLRB, the Merit Service Protection Board, the FTC,
and so on, which is to say it rests largely on Humphreys.
So the majority has to offer a different story.
The Federal Reserve, it submits,
is a uniquely structured entity
with a distinct historical tradition,
and it cites for the proposition a footnote,
footnote eight of this court's opinion
in Celial law from 2020.
But then Kagan goes back to footnote eight
and actually reads it. And she says,
it's only relevant sentence that's even there, rejects an argument made in a dissenting opinion,
even assuming that financial institutions like the second bank and Federal Reserve can claim a
special historical status. And so Kagan writes, an assumption made to humor a dissent gets turned
into some kind of holding because one way of making new law
on an emergency docket, the deprecation of Humphreys,
turns out to require yet another the creation
of a bespoke Federal Reserve exemption.
And then she quotes Alexander Hamilton about what the F are we doing
with rejecting precedent,
willy nilly, without any type of thought process?
What is going on with this United States Supreme Court?
That's rhetorical, but I will pose it to my colleague here.
Well, look, anytime the Supreme Court starts using language of historical context in the
same sentence as the word quasi, I always have my red alert up quasi in historical context.
I'm like, you remember how I said earlier in the episode, when you start doing things
at 1 a.m. and you start, you know, hiding things, I go, you must be hiding something.
When the Supreme Court starts talking
about historical tradition and quasi,
that means they've basically gone through
all of their other sociopathic frameworks
to justify whatever outcome they want to be.
And then they've now just like, all right,
some quasi historical thing,
we think that we're just gonna make it up basically,
and just trust me bro is basically what that means.
So it's funny that in the dissent or not funny, but you know,
what Justice Kagan says is I'm glad we have a federal reserve exemption
because otherwise we know that there would be the greatest of greatest
depressions and America would be destroyed.
But intellectually, what you've done makes zero sense.
And so I guess it'll be temporarily good
for billionaires and millionaires
who may be more dependent on the markets
who will be impacted first by a federal reserve firing.
But you still now fired the person
who really protects unions
and also the person who protects civil servants and their ability
to keep their jobs on the basis of merit.
So, what the hell are you doing there?
So, last point I wanna bring up,
Michael Popock, just super, super quickly,
is this disastrous budget bill.
We've touched upon it at different points
throughout the episode, but there was a provision
that they snuck in where they're saying federal courts are basically divested of their ability
to hold individuals in contempt.
It's kind of a fairly broad and unconstitutional phrasing of things.
That's one of the things they put in.
They also wanted to change the savings count for children idea by Democrat Cory Booker
and they took it, they stole it.
Trump stole the idea of Cory Booker
and he's calling it Trump accounts
instead of like baby benefit accounts.
Now they're called Trump accounts.
They gave special tax exemptions
for people purchasing silencers and suppressors
and removed any regulations for reporting the purchase of silencers and suppressors and removed any regulations for reporting the purchase of
silencers and suppressors to the ATF.
That was something that was very important rather to the MAGA Republicans to get in there.
Tanning beds get exemptions and of course, billionaires are getting trillions in tax
cuts.
They have to raise the debt ceiling in this disastrous thing by at least four to $5 trillion
to pay for the tax cuts to billionaires.
And it also guts Medicaid, 800 billion.
And it takes close to a billion dollars
or close to a trillion dollars
or somewhere in that range from Medicaid as well.
It's an attack on Medicaid the way it's framed.
And I think as that now goes to the Senate,
this is gonna become, I think, a big deal with the Senate.
And the question is, then does the Senate get rid
of all of these things that the House put in?
And then are we basically heading towards
the date of a government shutdown again,
and we're gonna have to raise the debt ceiling,
and then we've manufactured a crisis
that really didn't need to happen.
I'll remind everybody, the immigrant Republicans
have not passed a budget last term,
so this is their, I guess, next shot at it right now.
We've been going by continuing resolutions
based on Nancy Pelosi's budget from 2022. And none of this is normal. Like the Democrats' budget was just passed.
It just, it's the most basic function of the way government's supposed to work. And you
see the Republicans in fighting with each other. But what they do agree on is no contempt.
Well, let's go back to that for a minute before we end the show.
First of all, they spend an inordinate amount of time
wasting my time and your time,
except we make a show out of it,
telling the Supreme Court about separation of powers.
Everything is, I mean, this is like
the kitchen magnet poetry, you know,
if it's doge, it's waste and fraud rooting out
as being hampered
by giving information and transparency to the American people.
And if it's anything about the executive branch power,
it's separation of powers are being violated.
How is Congress telling the third branch of government how a federal judge can fashion a remedy from
his tool, his or her tool bag of remedies, how it, by threatening funding, how is that
constitutional and not a violation of separation of powers?
They, yes, they have the purse strings, but they're not allowed to reach in. And it would be like if Kristi Noem was empowered
by the president to sit in the room of major cases
and then overrule the judge because, you know,
she's using some executive branch prerogative.
They get to fund and then shut the legal AF up.
They don't get to tell the federal judge
how to rule in a case or what remedies to use or not use.
And they don't even know what they're doing anyway
because there's reporting, I'm sure, on Might Has Touch
that when they asked Jim Jordan what the provision was about,
he said, this is just about nationwide injunctions
about immigration.
And they said, did you read it?
That's not what it says.
There's no words of immigration in there.
Well, it's four o'clock in the morning.
Right? It's four o'clock in the morning
when they're passing these bills,
they don't know what they say,
which will play into our hands as Democrats
and free thinking people,
because they're gonna get challenged
as being unconstitutional.
And then this unitary executive branch majority
on the Supreme Court is going to have to say, I think you're also judges, right?
And the chief judge runs the judiciary.
So you're okay with the president telling you only because he's now the subject
of one and soon to be two contempt orders?
You know, we already had Boesberg, even though it was put
on ice, Boesberg finding probable,
Judge Boesberg finding probable cause
that criminal contempt was committed
by the Trump administration.
And you've got Judge Zinnis in Maryland
in the Ibrego Garcia case who is on the one yard line
of finding contempt.
And she's going to punch it through by,
right after Memorial Day.
Forget about fireworks for 4th of July. They're coming early this year, everybody. of finding contempt. And she's going to punch it through by right after Memorial Day.
Forget about fireworks for 4th of July.
They're coming early this year, everybody.
It's going to be early next week.
So this is the tru- speaking of transparent,
the transparent reason that the Trump administration even gives
a crap about contempt because they're always doing something
that's contumacious.
And so that's going to get turned down by the appropriate,
I have to think now, you and I will think through
who the proper party for standing is to bring that case
at the DC Court of Appeals level,
at the DC trial court level, and then it's going to go on,
I don't know about fast track,
but it's going to go up to the United States Supreme Court.
And there's already a loophole in it,
because it just says they have to set a bond.
Now you and I, when we practice in private practice,
when we ask for an injunction, there's often a bond
that needs to be set, and the purpose of the bond,
just to do a teachable legal AF moment here,
the purpose of the bond is if it turns out
that the injunction was improvidently granted by the judge
based on facts that turned out to be different, you know,
at the end of the case than at the beginning of the case, where new facts were developed,
or, you know, an argument that seemed reasonable at the top of the case, at the bottom of the case,
was less reasonable, and the injunction should not have been issued. This is to compensate the
person or the business for the injuries suffered for having an adjunction against them. And so they kind of come up with a number. It could be $10, $1, no dollars, or I've been
involved with cases where it's $5 million, $10 million, $15 million in bonds that have
to be posted or beyond. However, when you're dealing with the public sector, and I've done
those cases as well, because of the public interest that's involved, there's law that says that governments, for instance,
don't have to post a bond. And if you're going for a constitutional violation argument, which
is all we're seeing play out with the Trump administration, you don't normally, you don't,
judges don't require a bond. Now they're saying you got to hold a bond hearing. You got to,
they could think, but it could be a dollar.
Could be $10, could be $100.
So they didn't set an amount
because they slapped this thing together.
Like you said, they hijacked something
that was in there already
and then they don't know what they're doing.
So there is a way around it,
but the whole concept of Congress telling the judiciary,
the judicial branch what they can and can't do in a case,
including a remedy, is wholly unconstitutional.
And hopefully you and I will be reporting about good judges
in due time making that ruling.
Michael Popak, we've gotten dozens of phone calls already
I've seen from this episode alone to your law firm, which is great.
And people have someone in their family or themselves who are involved in a catastrophic
personal injury, whether that was like an accident, if you're hit by a truck or hit
by a car or some other type of negligence that may have took place if you went to some location and they were negligent.
Wrongful death cases, if you know people who passed
because of the negligence of others.
Medical malpractice, sexual assault,
and sexual harassment cases.
I used to handle a lot of cases
of Catholic priest abuse cases.
But 15, 20 years ago,
I would do cases like that or cases involving, you know,
police officers who would sexually assault people.
I handle a lot of cases like that or school teachers,
horrific cases, and people need lawyers for things like that.
So if any of those cases come to mind about you
or someone you know, reach out to Michael Popock.
I mean, he started a firm because of all of the inbound
requests from our audience of saying,
hey, we really would love for you to be the lawyer,
and Popok wasn't able to do that until he created
his own law firm, the Popok firm.
Where could they find you, Popok?
Yeah, thanks, Ben, for that.
Yeah, and you and I talked about it a lot,
even at the beginning of the founding of Legal AF
five years ago, we talked about,
wouldn't it be great for me to ultimately
have a law firm of my own that was devoted to our audience
and help them in their most trying time of their life
or those in their loved ones or people around them.
And then, you know, we all saw,
we all kind of saw a need after the election
to make sure
that there was a place where people could go.
And so it's easy, I made it easy for me too.
The website, www.thepopokfirm, there's the spelling,.com.
Many, many ways, all different clicks will get you
to the same place to a free consultation case review form
and then we'll take it from there. Or if you'd rather do, some people don't want to fill out forms, to a free consultation case review form, and they will take it from there.
Or if you'd rather do,
you know some people don't wanna fill out forms,
they wanna talk to somebody in person, that's great too.
We have somebody standing by as they say,
1-877-POPOC-AF, what else?
Michael Popoc, Substack, the Legal AF Substack,
check that out.
Michael Popoc's YouTube channel,
the Legal AF Substack, check that out. Michael Popok's YouTube channel. The Legal AF YouTube channel is so great
to see the growth of both of those things.
Can I talk about that for one second before we leave?
All right, thank you.
Because working together with the Midas Touch
and the brothers, we've done some amazing things
and bolting on some new contributors in the,
I'll wait for the ad to run, in the last four weeks.
We have the foundational contributors along with me
as I curate the channel.
We have Court Accountability Action,
Alex Aronson, Lisa Graves, Mike Sacks,
who follow corruption in the federal court system
up to the United States Supreme Court.
Shan Wu, former Attorney General,
former General Counsel to the Attorney General,
does some amazing legal commentary along with
Dina Dahl, legal commentator extraordinaire.
We've also got Melba Pearson, formerly of the ACLU,
and Dave Arenberg, Florida lawman,
who was a prosecutor and state attorney
in Palm Beach County, Florida.
And then we also had, we added an in-house historians,
you can't ask for better, ethicists and historians putting in all this Trump madness and perspective,
which makes me feel much more comfortable with Sydney Blumenthal and Sean Wilentz,
exclusively on Legal AF. They do something called Court of History, which for them is the highest
court, and I agree with that,
judging everything that's being done right now, and they do some amazing work.
And here's a scoop from my stuttered legal layup.
We got Renato and Asha, who do a show called It's Complicated.
No, that's the name of the show.
They get together every week.
He's a former FBI agent then, and an amazing litigator, white collar criminal defense litigator.
She's a former special agent, FBI agent,
and a Yale national security, Yale professor,
a national security expert.
They get together every week.
It's amazing.
Their podcast is now exclusively on Legal AF
and Midas Touch, and don't miss it.
It's called It's Complicated.
So we had a dozen or so contributors.
I'm leading it there as a curator.
Come over to Legal AF, the YouTube,
you won't be disappointed.
Everybody check that out.
Thanks for watching everybody.
Michael Popok, good to have you back.
Good to have the audience here.
We're grateful for our Legal AF audience
and we'll see everybody next time.
We covered a lot today,
but it was important that we cover all those topics.
Thanks everybody.
Shout out Legal AFers and shout out Midas Mighty.