Legal AF by MeidasTouch - Legal AF Full Episode - 5/28/2025
Episode Date: May 29, 2025Michael Popok and Karen Friedman Agnifilo return with a new episode of the top-rated Legal AF podcast. On tonight’s docket: Judge Chutkan green lights a lawsuit challenging Trump’s “tyranny” a...nd use of Musk/DOGE, while issuing a surprise ruling involving Trump himself. A federal judge slams Trump for deporting individuals to South Sudan who aren't even from there—prompting Trump to appeal to the Supreme Court. Meanwhile, Harvard appears to be gaining the upper hand in its legal battle with Trump. And the scandals keep piling up, from crypto schemes to alleged pay-for-pardon deals. All this and more at the intersection of law and politics. Support Our Sponsors: 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! Uplift: Elevate your workspace and energize your year with Uplift Desk. Go to https://upliftdesk.com/legalaf for a special offer exclusive to our audience. Fatty 15: Get an additional 15% off their 90-day subscription Starter Kit by going to https://fatty15.com/LEGALAF and using code LEGALAF at checkout. 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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Legal A.F. is live and I mean
live.
Look I just joked that I flew into New York a few minutes, literally a few minutes ago. I had to put a do not disturb sign up on it because once in the past, Karen, if you remember,
I had like the housekeeper come in, right? Right while I was recording. But we're here. Oh my God,
there's so much to talk about. You can see we're using a new lower third now, which I joked with
our production team about. Trump presidency breaking legal updates. I mean, that is where we live because we have no choice.
We have an out of control, lawless rogue president.
And if we don't call him out on a regular basis,
I mean, my fear is that the ultimate judge,
the voters at midterm and beyond just won't get it.
And so we have to continue unrelentlessly
in opposition to Donald Trump.
I mean, just before we came on the air, there's a couple of new cases. There's one right now,
I mean, real time. This International Court of Trade, which nobody except nerds like you and me
ever heard of, sits in New York. Donald Trump's preferred venue for a case that was brought by
a bunch of states to argue
that he doesn't have tariff power.
We all looked at when he was in the Rose Garden with that chart, so I'll take a look back
up, you know, his big dumb chart with his big dumb commerce secretary.
And we're all like, it's not alphabetical.
It's not, why are there islands that have penguins on it getting tariffs?
We couldn't figure it out.
And then, of course, he got rid of trillions of dollars of wealth
and stock market value in that moment.
And then it's just been lurching from one tariff issue
to another, roiling the economy.
And he said, oh, I better take this case.
We were all like, how does he even have that power?
Why isn't that a congressional power
under their core congressional function?
And how did they ever delegate it to him?
And why is this a wartime power?
And he didn't like where the case was originally filed,
Karen, so he filed, he had it transferred
to the International Court of Trade.
They rule today, and it's not good for Trump,
we'll get to it during the show today.
And then talk about cosmic strange bedfellows.
Yes, Judge Chutkin is still a federal judge,
a very good one, and she sits in DC.
And she had a case that we talked about
a couple of months ago.
It was brought by 14 different states
to argue that Elon Musk and Doge are like out of control, a complete
abuse of power and a violation of the appointments clause of our constitution.
Because once again, Congress only has the power to tariff not the president.
In the other matter we just talked about or we will talk about, Congress alone has the
power to create federal agencies.
And the president appoints and the Senate confirms.
But Donald Trump got that all upside down and backwards.
And they try to argue that Elon Musk is just a special temporary employee,
like, you know, your Uber delivery guy.
And he doesn't really wield any power.
And that's not what Judge Shetkin thinks.
So we had a very interesting ruling
where she's keeping alive a case that she thinks is important
and she thinks addresses a potential tyranny
by Donald Trump while at the same time giving Donald Trump a
small little gift that won't really matter.
We'll dive into that as well.
Then South Sudan, which I defy, except for you, you geo, you geo lovers out there,
geography lovers out there, I defy anybody to have pointed that out on a map on the African
continent and tell me where it was. It is a very unstable part of the world. Let's put it that way.
We used to call countries like that third world countries. Okay, well that's where Donald Trump is offloading
and delegating people that he wants to get,
he wants to make disappear from the United States
who aren't even from South Sudan.
They're from Mexico and Vietnam and Cuba.
And he's like, well, those countries won't take him.
Where can we put them in the world?
And so they found South Sudan, this poor country,
unstable, dangerous place.
They didn't do any vetting in due process
to determine whether these people can survive there.
They don't care, just get them out, make them disappear.
Judge Murphy in Massachusetts didn't like that,
wrote a lot of exclamation points.
And there, people don't know this,
but we're gonna talk about it on the show
with you and me, Karen, that we've had basically
a federal court system operating in Djibouti
because that's where they've been sitting.
And they convinced, the Trump administration convinced
the judge to let them hold hearings in Djibouti, but
now they're arguing that's unstable and they don't want to hold those hearings anymore.
And then they've skipped completely the Trump administration going to the First Circuit
Court of Appeals sitting over Massachusetts.
And they just said, F this, we're just going to file directly with the United States Supreme
Court.
Another, I think this is the 16th emergency application.
What is going on with Donald Trump's
unconstitutional deportation plan?
Then we've got the last of the four shoes
have sort of dropped.
Donald Trump went after a lot of law firms, big law.
A number of them just said,
they threw in the white flag,
they threw in the towel and raised the white flag
almost immediately, very transactionally.
We'll just pay you a billion dollars in tribute
to make you stop attacking us.
But three or four firms said, yeah, we're not doing that.
And we're law firms and we took an oath.
And John, not just for us, but for the legal profession,
we're gonna fight back.
And so firms like Jenner & Block and WilmerHale
and Perkins Coy, and there's another firm
too, all filed in separate courts.
And we got a couple of rulings now about four or five days apart, one with Jenner & Block,
one with WilmerHale.
These are some of the most preeminent law firms in the country.
I know many people.
I've hired WilmerHale to handle cases when I was an in-house counsel.
They are the creme de la creme, and I would have been shocked if they didn't fight back.
General Block, in particular,
they had the honor in the same week, the same day,
to get a order from a court blocking them being put
on the red list by Donald Trump,
having all their national security clearances taken away,
their ability to represent clients
before the federal government,
they got a judge to block that.
The same day, they were able to convince a judge
to block the attacks on Harvard
and its admittance of international students.
So shout out to Generate and Block related to that.
And then we'll touch on a couple of other things,
including, well, Amil, sorry, Amil Bova didn't last
very long as the number three in the Department of Justice.
He's the Grim Reaper looking guy that was one
of Donald Trump's criminal defense lawyers
in the conviction in front of Judge Mershon
and a number of other cases.
He is now gonna be hand picked and placed
onto the Third Circuit Court of Appeals.
Yes, there's going to be this whole wave now of federal court openings that need to be filled.
There's many of them. Biden tried hard to get his places filled, but there was that deal,
that deal that was cut about appellate courts with Chuck Schumer, and we criticized that at the time,
there's all these appellate court openings.
One of them's on the Third Circuit,
which covers New Jersey and Pennsylvania,
a little bit of the Virgin Islands,
and now Emil Bove apparently is gonna be heading there.
And what does that mean for Alina Haba?
Because if you think acting interim New Jersey
U.S. Attorney is her final stop.
It's not going to be.
We'll cover it all.
Let's bring in Karen.
How you doing, Karen?
Hey, just had to find the unmute button really quick.
Hi, how are you, Popok?
Good to see you.
We're at least in the same area coat.
Yes, we are in the same area coat,
although you look much tanner than I,
so you come from a much sunnier place than I did.
Thank you, I watched the show that you did for me
on Wednesday, that's your normal day,
but Dean Adal was there,
and you had some very kind words to say
about the passing of my mom, and I really did,
I watched it, I really did appreciate it,
and all the comments and things that people said
in response to that in the commentary.
It's been a tough time for my family,
but you know, I know my mom better than anybody
and she would want me to be doing exactly
what I'm doing right now in this time and place
and with our legal AF in Midas Dutch community.
So, but thank you for doing that.
Yeah, no, it was, it's of course my pleasure,
but I was really heartened to see how people came out in support in the comments of in the in the YouTube comments just
resoundingly
Sending you love and support and condolences and to you and your family and it just goes to show what an amazing community
This is always just really amazing supportive community. So I'm glad you're doing okay.
Thank you, I appreciate that very much.
So let's turn to Judge Chutkin.
Let's start off with Judge Chutkin.
You know, this is the judge that Donald Trump attacked
as being leftist, Marxist, radical.
I mean, that's his kitchen magnet poetry
that he uses for all judges.
It's almost identical to what he did with Judge Zinnis in Maryland.
But Judge Schupkin had a very interesting case in front of her.
You and I reported on it a few months ago when it was first filed.
Fourteen states went after Donald Trump saying that, who is Doge?
What is Doge?
Congress has to create it, not the president.
There was a Doge website service thing,
but that's not what this is.
And Elon Musk seems to be wielding a lot of power,
including putting whole agencies and departments,
in his words, into a woodchipper and getting rid
of their defunding them and depersonnelling them
and the rest.
And why isn't that a violation of the appointment clause
of the Constitution and the separation of powers?
And so Donald Trump said, well, I'm going to follow the motion
to dismiss, we can have a little teachable moment here
about motions to dismiss, which tests the validity
of the pleading, the first filing,
the complaint, if you will.
It's not, we're not going to be talking in this segment
about injunctions, not about injunctions.
It's about whether the complaint itself, the first filing in a case, states a claim.
And you have to stay within, the judge stays
within the four corners of the allegations.
You know, she has her own personal knowledge of things
about Donald Trump, but she stays and she looks
at the allegations that were made about Elon Musk,
about Donald Trump, their own words, and all of that.
And then her only, the only issue for her
is whether the case is gonna continue,
or she's gonna dismiss it,
give them the right to replete and fix
maybe a pleading deficiency that she found,
and whether she's gonna grant a motion
to dismiss about any individual party.
And Donald Trump was sued in his official capacity
along with Doge and Elon Musk and the Trump administration.
And she had something to say about that as well.
Carol, why don't you take it from there?
Yeah, it was really interesting.
I think it was like 40 something page order
that she issued here in this lawsuit
that these states brought against Elon Musk,
Doge and President Trump.
And essentially the lawsuit alleged
that they were illegally wielding power
over the federal government.
And this was a suit, as you said,
brought by multiple state attorneys general.
And in this motion to dismiss, she basically,
cause you know, she had originally denied their request
for a temporary restraining order,
which I thought was kind of interesting, right?
That she would deny that.
They said, she said, but look, you know, this can proceed.
I'm not, there's not, essentially,
there's no emergency here, right?
It's not gonna be irreparable harm.
And so you would think that she, you know,
when you read a motion to dismiss,
normally they're quite simple and they're,
I should say they're about the case.
But in a lot of these cases, it's like the judges are speaking
to not just parties, but speaking to a broader audience
and really giving a history lesson and a lesson
on the separation of powers, et cetera.
And her first line here, I think, was kind of,
I think, really emblematic of that concept,
because she really felt the need to remind us
of basic things like there's three branches of government,
there's checks and balances, she used the word tyranny.
Her first line was, the Constitution divides
and balances power across the three branches,
the executive, legislature, and judiciary,
as a vital check against tyranny
and to promote effective governance.
Like, that's the first line of an order.
You kind of know our point of view, right?
Because she's really basically saying,
that's at stake here, right?
And then she talks about something called
the Appointments Clause, because the issue here
is Donald Trump just created Doge
and appointed Elon Musk to be the head of Doge,
who then went in and took a literal
and figurative chainsaw to every agency
that he wanted to go into.
He fired people, he closed a few agencies,
he stopped funding being sent out to various people.
He took private information that some of it is supposed
to be guarded in secret, et cetera.
And he just went in there and did all kinds of things
that he wasn't supposed to do.
And so she talks about something
in the Constitution called the Appointments Clause.
And in the Appointments Clause, it specifically,
and various statutes, but it says, look,
Congress creates the agencies, right?
They pass the laws authorizing certain agencies.
And then the president is the one
who appoints the heads of the agencies.
And those are subject to Senate confirmation.
And then the judiciary decides whether they both acted
within their constitutional roles.
And what the constitution does not permit
is the president to quote,
commandeer the entire appointments power
by unilaterally creating a federal agency
pursuant to executive order
and insulating its principal officer
from the constitution as a quote, advisor in name only.
And so she goes through the whole history of Doge and it was created on January 20th
and then, you know, several agencies have been dismantled, people,
thousands of people have lost their jobs, sensitive data has been accessed
in this haphazard, crazy way.
And that's what this lawsuit goes to the heart of.
And she basically, the punchline of all of this is,
is you can't go after the president
because he was acting in his official capacity,
but I am not granting the motion to dismiss as to Musk and Doge.
The case can proceed to discovery, essentially.
So that's kind of the ultimate ruling here,
but I thought it was a really thoughtful
and interesting order where she's like, look,
she cited to, and this was all in,
I assume in the complaint as well,
but she cited to the posts on X by Musk saying, quote,
we spent the weekend feeding USAID into the wood chipper, you know,
and then another tweet, Doge team rapidly shutting
down illegal payments.
She also quotes Carolyn Levitt, the press secretary, you know,
President Trump tasked Mr. Musk with starting up Doge.
And, you know, he already. And he's already done that.
And then another one where Musk posts on X, quote,
CFBPRIP, which has to do with the Consumer Protection Board,
RIP, like it's dead.
And so she kind of lists out all the stuff that Musk did.
She goes through the standard of emotion to dismiss,
and she essentially says, look, looking at everything, you know, I'm not going to, I'm going to basically say that this
acted outside the scope of their authority and violated statutory and constitutional provisions,
and therefore that they're not empowered to do. And so the case can go on and now we move on to the discovery phase.
So it was a great, interesting decision,
another win, frankly,
and showing that Doge and Musk are kind of lawless
and can't do what they're doing.
But frankly, it's now what, right?
The case is going to proceed, it's gonna proceed slowly
and a lot of damage has already been done and will continue to be done. So although it's, you know, now what, right? The case is going to proceed, it's going to proceed slowly and a lot of damage has already been done and will continue to be done. So, so
although it's a victory and it's another affirmation of, of the, frankly, the lawlessness of the
Trump administration, it's still this, a lot of damage has still been done. I have a question
for you, Popak, about this, which is why is the case not moot against Musk
since he no longer works for Doge, the federal government,
or is part of it at all?
Why is it that it still goes on regarding him?
Because if she's right, if the case is right,
that he was improperly appointed,
and she's not buying the whole special employee,
Musk is running around today on his
on his social media post. Thank you. My time as special employee is over. My 120 days is over. I'm going
no f that. If he was never properly appointed then everything he did at the time is invalid,
ultra various and should be.
So all of the actions that he took,
all the funding that he cut,
the punishment for improperly appointing somebody
to a position is not just a wrap on the knuckles,
like, well, you didn't do it right.
It's everything that person did.
Gets undone.
Is undone, should be undone. It should be undone.
We had the same thing when he was trying to appoint in his first term people to the homeland
security office and he had acting this and acting that, improperly appointed.
Everything that they did was illegal.
And we'll take it from there.
Look, the reality is she's saying based on the allegations of the complaint, Judge Chuckin,
that she's not buying that he's just temporary and special.
That his powers, they may try to shoehorn him into that
in order to avoid the appointment issue.
But she said, basically arose by any other name,
I'm looking at the actions.
I'm looking at, you know, and she quoted,
because she has to stay in the complaint that was filed.
She's not making findings yet.
But she quoted all the ways from defunding to the Woodchipper
comment, comments by Donald Trump, and the rest.
You know, Donald Trump, I'm putting
Elon onto the Department of Defense.
I'm putting him onto the Department of Education.
That goes beyond us.
He therefore does not qualify.
Now, right now, who is running DOGE?
It's not Amy Gleason, I'll tell you that.
It's likely, and most people in the insider world
think it's Russ Fott,
who's your head of the Office of Management and Budget, who's the architect
of Project 2025 and holds the nation's checkbook in his hands.
He's basically effectively running Doge behind the scenes.
That hasn't yet been challenged that way.
But the case will now continue.
She did trump us solid.
Nobody knows immunity law better than Judge Chutkin's and she was on the wrong end of the Supreme
Court decision in 2023 about what falls into what
bucket for immunity. And so she's and she cited not
that case but she cited a case is going back to the
1800s in which a president's official conduct
cannot be enjoined. You may not agree with it. We
may not like it. But so she dropped him from the case,
which I think ultimately was the right thing to do, right? And now you can tell Elon Musk is
probably fully out of the government because he's criticizing Donald Trump's big beautiful budget
and says, what about all the work I just did cutting all these departments and look at your increased spending bill and your tax problems.
So there will be entire college and law school courses taught
about the relationship between Elon Musk
and the government and Donald Trump.
Because we can't really even figure it out in real time
this way, right?
Yeah, it's fascinating.
It's fascinating.
It's fascinating, yeah. Yeah, says he better get back to his company because sales dropped 71% in the quarter
Yeah, well he you know his his
Unfortunately the people who really cared who would buy his cars were the left-wing liberals because they were electric cars
And they wanted to save the environment and And now because of the team he picked,
they're all protesting his cars and they're not buying them.
I mean, I don't know how he recovers from that.
Yeah, agreed.
Now, let me do a plug for Legal AF the Substack.
We got Legal AF the Substack.
We are posting all, like when you and I today talk about
the filings like, or the orders of the judge,
we and the Supreme Court, I post it. So it'll be up by tomorrow morning, talk about the filings or the orders of the judge
and the Supreme Court, I post it.
So it'll be up by tomorrow morning,
Judge Chutkin's order, this order by the International
Trade Court under filings AF.
If it comes out of the Supreme Court,
we put it under SCOTUS AF.
I do a morning briefing there as well,
which we have videos, we have ad-free versions of things.
We've got all the commentators on Legal AF who are doing work on Legal AF, the sub stack, so there's
a little plug for that.
Why don't we move in, Karen, to tariffs?
When this first happened and Donald Trump, we knew it was coming because he said he was
going to do it during the campaign.
To paraphrase something that just came out with a ruling, you know,
sometimes the wolf doesn't come in sheep's clothing.
Sometimes the wolf comes as a wolf, as Antonin Scalia once famously wrote.
And he told us he was going to do this.
And he brought into his administration all of these tariff hawks that wanted to tariff
our way out of the deficit, which never works, from the Commerce Secretary
to the Treasury Secretary to Peter Navarro fresh
out of a prison stint to be his trade representatives.
And there are things that a president can do
and that are properly delegated by Congress
in and around commerce and trade.
I mean, the Commerce Department is one of them.
But there are limits that you can't do
that are constitutional core functions of the other branch,
of the legislative branch.
And what we're watching a lot, Karen, is a lot of,
because there's multiple audiences, the public,
the president, you know, the courts of appeal.
When these judges are writing, it's like they have to give
like a civics intro to America lesson
about the separation of powers every time that they write.
And it's because we have a toddler in chief
who doesn't understand, doesn't care how the government works.
What is the core functions of Congress?
What are the core functions of the president?
What are the core functions of the president? What are the core functions of the judiciary branch?
And so we had another example of that
with a case that got filed in another court.
Donald Trump didn't like the judge.
He moved to change venue when 14 states or so
decided to challenge his setting tariff policy.
And not only setting it, imposing worldwide 25% tariffs
and more against certain countries.
And then we're watching this gyration
where because he watches something on CNBC
or he watches something on some other cable news show
or somebody phones him or somebody visits him
in the Oval Office from Walmart or from BlackRock or from private equity firms
or Jamie Dimon calls him from Citigroup, you know,
JPMorgan, I'm sorry, JPMorgan Chase, you know,
and then he, oh, oh, I gotta cut it.
I gotta stop it.
I gotta put a moratorium on it.
And the economy is just roiling.
You know, the everyday economy for people,
their kitchen table politics and economics are the ones
that are suffering.
While Donald Trump doubled, I'll just put this before we get to the case, Donald Trump
has doubled his net worth since January.
Put in the comments, we're watching them tonight, put in comments if your bank account or any
kind of your financial holdings have doubled since January
because this president's has almost tripled in terms of the money that he's brought in.
He's up to almost 60 billion. By the way, that doesn't even include what his family is making,
right? Right. Well, if you add that, that ecosystem, triple it, quadruple it. That's
since he's been president of the United States.
And people have to remember these types of things
when they come to vote at the midterms.
So he moves the case about whether he has tariff power
or not, because he claims he has it
under the International Emergency Economic Emergency Act,
AIIPA, sorry.
And he moves it to the International Court of Trade in Manhattan, which you and I had to scramble
to like look up, I practiced for a long time,
but I've never had a case there.
And I'm like, what is that court?
It's a specialty court that has exclusive.
It's funny, I looked it up too.
I looked it up too.
You have to, we didn't learn that.
Did I take a trade course in law school?
I might've, I took an international course,
but I don't think it was about trade.
And so we look it up, and we realize it's a specialty Article III court,
pardon me, that is devoted to all things tariffs and trade,
and has exclusive jurisdiction to handle those issues.
And the reason I think he tried to move it there is he knew he had a judge
he didn't like that where it was filed.
And there were a couple of Trump appointees it there, is he knew he had a judge he didn't like that where it was filed. And there were a couple of Trump appointees over there.
He thought, well, if I get the right panel,
maybe this will go in my favor.
No.
So we talked earlier about Judge Chutkin
not issuing a temporary restraining order
and not giving us pause about whether,
how she was gonna rule about Musk and Doge.
And similarly, this international trade court
did not grant
the temporary restraining order to block
Donald Trump's continued use of his tariffs.
They were like, oh, that's not a good sign.
But we now have the final decision by the trade court
that came out, you and I were scrambling,
it came out like at 7 p.m., right before we got on the air,
try to read it all.
Oh, okay, this is good.
See, salty, good producer.
We got an Obama, a Reagan, and a Trump.
They all, those are the panel, but they all agreed.
There was no, I don't think there was a dissent in there.
I didn't see one in the 52 pages.
I breezed through before we got on the air,
and we'll do more hot takes about it.
But Karen, why don't you, why don't you give sort of,
you know, the big picture of what this court rules,
and then I'll preface it by saying he's already appealed,
and we'll talk about the appellate process
that happens next.
It basically said that he exceeded his power
as president to do these tariffs.
That's the bottom line.
And, again, just like Judge Shutkin, the judges here decided
to give an explanation for people reading this,
kind of an education on the Constitution.
And I feel like we're at Schoolhouse Rock again, you know,
back where they're explaining, you know, I'm just a bill
and explaining kind of how things work.
So, you know, it says the Constitution assigns Congress
the exclusive powers to quote lay and collect taxes, duties,
impose and excises, and to regulate commerce
with foreign nations.
That's Article 1, Section 8,
Clause 1 and 3 of the Constitution.
And then it says the question in the two cases
before this court is whether the AIIPA,
the International Emergency Economic Powers Act of 1977,
delegates these powers to the president in the form of authority
to impose unlimited tariffs on goods from nearly every country in the world.
The court does not read AIIPA to confer such unbounded authority
and sets aside the challenged tariffs imposed there under.
It's a 49-page decision that then goes on to talk
about what the Constitution says, about the tariffs,
about IEPA, the history of all of the presidential authority
to regulate imports during national emergencies,
and it just goes on and on.
It's fascinating for anybody who wants to learn about this
and read about it.
And I'm sure you're going to put it in the legal AF substack
where you put all the decisions, PO-POC, which is so helpful.
And people can read about it in much more detail.
But it just goes to show once again,
this is what's happening over and over and over again is courts
are basically saying presidents are not
kings. You really can't just do whatever you want. You either have to do either it's in the
constitution or it's a statute has been passed and then that's what you can do. There are certain
things that they can do that are discretionary, that's policy, but not things that are specifically given
to another branch.
So he does not have this authority,
and they don't read any of the statutes or the Constitution
to give him this authority.
So it's just, once again, really, everything he's doing
gets struck down.
Or the other thing that's happening
is the market is waking
up to Trump and to what he's doing.
And, you know, I'm sure everybody knows about this
and has seen this, but on Wall Street,
I guess they're calling him, you know, a taco
or calling the situation a taco that Trump always chickens out.
And that's what you see over and over again,
whether it's with the law firms, whether it's with the tariffs, whatever it is, you fight him at the end of the day, either he chickens out or he loses and gets struck down by the courts, you just have to really have he gets like the whole presidential immunity thing, and he got prosecuted and convicted and still president.
So I'm not saying that, you know, that he doesn't sometimes win and win really big.
But it's it's, you know, this Trump always chickens out.
And apparently that seemed to really get under his skin because he, you know, he,
he he goes crazy.
So, you know, let's see.
I know he's been I know he's been, I know he's,
you can tell it's gotten under his skin
because, you know, he yelled at a reporter
who mentioned it and, you know, he's,
whatever, he could just tell the father.
I'm sure Jordy is working on taco T-shirts
for the, for Midas Touch store as we speak.
If that hasn't already, I know Jordy watches our show.
Taco, taco t-shirts.
So we're going to,
the producer just wrote something back.
We're gonna cover a lot more.
We're gonna talk about the South Sudan ruling
and why it matters, including the fact
that it will come up first through Katanji Brown Jackson.
Got some rulings about Jenner and Block and Wilmer Hale, which also mattered to, as we are all,
we are all the foot soldiers to protect our constitutional
republic in one way or the other.
And there's a lot of different ways to continue
to what we're doing here, which is to grow our community
and our fellowship.
Legally, yes.
My stepmother, who's watching this live just texted me,
she wants a taco t-shirt.
So.
There we go.
I have to say hi to grandma Tony and my dad
who I'm sure are watching it together.
Shout out to Karen's lovely family.
So there's a lot of different ways that we have
to support what we're doing here.
Look, Legal AF has been on the air for five years.
We are now, we bounce around between top 12
and top 20 in the world,
and that's all because of our audience.
I mean, we're doing our part to bring you the content
that you enjoy and take it seriously in that regard,
but without you, we're nothing.
Let's be frank, you are the oxygen,
that you are the atmosphere that we breathe.
And so if you wanna be a part of it,
which you're already here making that commitment
to an hour long podcast, and you wanna help us continue
to kind of rocket up the other charts,
there's a number of ways to do it.
Here, you're watching, that's great.
Tell your friends about it, watch it again.
Go over to the audio podcast platforms where we, we do well, but not as well as on the video.
We could use more audio downloads to be fair.
And so go over to wherever, you know,
Apple pod and different places
and download it there as well.
And then we've got the other sort of parts of the ecosystem
that make Legal AF Legal AF to be one stop shopping
for all things the intersection of law and politics.
Legal AF Substack we talked about.
We've got Legal AF the YouTube channel that I curate.
We now have a dozen contributors there on a regular basis.
We have one that just joined us in the last week.
We've got Renato and Asha who do a show
called It's Complicated.
They're both former FBI agents.
Asha is a Yale lecturer on national security issues.
Renato is a former federal prosecutor as well
and a defense lawyer or a corporate litigator.
And they do this great show called It's Complicated,
breaking all this down.
Asha also does, can be doing a new segment
on Legal AF called Ask Asha.
So we have them.
And then Cindy Blue,
I was just talking to Cindy Blumenthal today.
Never thought I'd make that sentence come out of my mouth.
I was just talking to Cindy Blumenthal today,
along with Sean Walentz.
And they're our resident historians.
Every legal show needs one.
And they take it seriously, man.
They bring on such amazing guests.
They're doing a new one that's coming up,
comparing Donald Trump to Richard Nixon,
bringing in a lot of Nixonian people,
a lot of people that were in or around the administration
at the same time,
Sidney Blumenthal and Sean Malentz
with the Court of History.
And we take sort of the programming really, really seriously.
I'm gonna be interviewing on Saturday, we take sort of the programming really, really seriously. I'm going to be interviewing on Saturday.
We'll post it on Monday.
And I think, Karen, you may know this person.
Jonah Bromwich with the New York Times has a new book out called,
as of today, called Dragon on Center Street.
And he's doing a complete overview of everything related
to the criminal conviction and trial of Donald Trump in front
of Judge Rashawn,
including a lot of people that Karen at one time
had worked with, and I'm gonna be bringing them
on the show on Saturday for Legal AF, the YouTube channel.
So you'll tune in hopefully for that as well.
And then we've got our pro-democracy sponsors
that Jordy Mycelis does an amazing job curating that.
We test out the products, we like them,
and then they're here. And they, it's not just random,
they want to be on Legal AF, Midas Touch,
they wanna support our point of view, our voice,
in a way that of course, mainstream media,
corporate media won't abide,
and we appreciate all of them,
and here's a break, here's our first pause
for our pro-democracy sponsors.
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That one went a little long and I didn't like my haircut
in the first one, but other than that, I do appreciate it.
I like your enthusiasm.
Thank you.
So I'm going to say something out loud, Popak,
because I'm going to say something out loud.
I'm going to say something out loud.
I'm going to say something out loud.
I'm going to say something out loud.
I'm going to say something out loud.
I'm going to say something out loud.
I'm going to say something out loud. I'm going to the first one, but other than that, I do appreciate that. I like your enthusiasm.
Thank you.
So I'm gonna say something out loud, Popak,
because this way people will hold me accountable
and I wanna be held accountable, so I'm saying it out loud.
I have a little resolution that I'm doing.
Number one is I'm starting exercising.
So that's number one, which is important.
I need to be held accountable. But really also number two is I'm starting exercising. So that's number one, which is important. I need to, I need to be held
accountable. But really also number two is I'm starting to do the hot takes every day. So I'm
going to be on Legal AF, the YouTube channel much more regularly. I know I used to do it more.
And then I, life got in the way, I got really busy, but now I'm going to, I can do it. I'm going to
do it. And so I'm'm gonna try to do it every day
So I'm saying it out loud so that this way hopefully people you know now now I have to actually do it
Yeah, and I'm now thank you for doing that and I am now gonna hold you to that because I've had a playlist with your
Name on it kind of you know hovering waiting for your return, so I've done three I've done three
They will get to you. So I've done three, they will get to you, and Salty will get them to you.
So yeah.
All right, well we'll offline you
and I will talk about the most efficient way
to make it easy on you and also get these things up.
Yeah?
Yeah, yes of course.
That you just, you made my heart sing.
Thank you very much.
Well part of it too is, you know,
the whole like legal AF being in the top 100 Yes, of course. That, you made my heart sing. Thank you very much. Well, part of it too is, you know,
the whole like Legal AF being in the top 100 podcasts
in the world is like unbelievable to me.
And so the more we do, the higher the number goes.
So, you know, part of it is a little bit
of my competitive spirit.
Part of it too is there's so much to talk about.
Every single day, there's so many things.
I joked with Salty that Legal AF,
it's like the little engine that could.
You know, the Midas Brothers,
we have an entire network that's devoted
to the Midas Brothers podcast.
You know, it's got an ecosystem around it.
Yeah, we did pretty good at Legal AF.
But you know, the fact that we even get into these charts is just
a fascinating, but you're right, we can use more jet fuel.
I agree.
Well, that's all I needed to hear.
Yeah, you certainly bring it.
Speaking of bringing it, let's talk about South Sudan.
Again, these are words I never thought I'd have to form in my mouth
about this administration.
So what, let me frame it.
Trump's got a bunch of people he thinks are criminals
or have violated immigration law in some way.
He would, he wants to deport them.
In order to deport them, you have to deport them to somewhere.
You can't just leave them at the airport like that old Tom Hanks movie.
And so, you know, there's many countries don't want
to take these people back.
And unless he's going to just violate airspace,
international airspace and sovereignty
and just drop people off in Cuba, Mexico, Vietnam, Laos,
and different places where these people came from,
he's sort of stuck.
Now, what normally would happen is when you try
to deport people and there's no place to deport them to,
you know, and no other country will take them.
That's a little dirty secret of deportation.
You got to have a country to take them.
They just release, I mean, it's hard to believe,
they just released them into the wild, into the United States.
Trump didn't want to do that.
So he wants to, he negotiated with these third world countries,
dangling money in front of them.
Ooh, we'll give you money like El Salvador and, no,
not Panama, maybe Panama, and South Sudan.
We'll give you millions of dollars, you know,
you have no GDP in these countries.
If you'll take these bad people,
people that we think are bad people.
And there has to still be due process around it, even though John Sauer
and his filing with the United States Supreme Court said, they don't,
they're not even citizens.
They they're here, but we don't really need to give them due process.
We gave them enough.
It's always their argument.
And they got enough due process.
The due process is overrated.
And Murphy, Judge Murphy, a judge up in Massachusetts,
has sort of been at wit's end dealing
with the Trump administration.
Because he feels like he's bent over backwards to help,
you know, he's let them do all sorts of crazy things like,
well, we don't want to bring them all the way back
to the United States, can't we hold these hearings in Djibouti?
He's like, okay.
If you, as long as there's due process,
and it's sort of a, you know, US soil type thing
at a base somewhere, I guess you could do that.
And then they came back, oh no, it's too hard to do that.
His main problem is that there hasn't been a proper vetting
to determine whether these people are gonna die
in South Sudan or not.
And it's an unstable country.
I mean, that's who's willing to take
these kind of people,
I guess.
So you got the ruling by Murphy I want you to dive into, Karen,
and then you have an appeal that didn't go right
where we thought it was going to go, sort of skipped a step,
and why don't you pick up from there?
Well, nothing says happy Memorial Day
like a crazy rant from Donald Trump. And it's related to this topic because I couldn't believe waking
up on Memorial Day and seeing this crazy rant that is I had
to then figure out what's he talking about.
He says, in all caps, of course, happy Memorial Day to all.
This is from Donald Trump.
Happy Memorial Day to all, including the scum
that spent the last four years trying to destroy our country
through warped radical left minds who allowed 21 million people
to illegally enter our country, many of them being criminals
and the mentally insane, through an open border
that only an incompetent president would approve,
and through judges who are on a mission to keep murderers,
drug dealers, rapists, gang members, and released prisoners from all over the world
in our country so they can rob, murder, and rape again,
all protected by these USA-hating judges
who suffer from an ideology that is sick
and very dangerous for our country.
Hopefully, the United States Supreme Court
and other good and compassionate judges
throughout the land will save us from the decisions
of the monsters who want our country to go to hell, but fear not.
We've made great progress over the last four months
and America will soon be safe and great again.
Again, happy Memorial Day and God bless America.
Like WTF, okay, that's the Memorial Day, congratulations.
But after that unhinged Memorial Day, all caps rant,
this is about this airplane full of convicted criminals,
the worst of the worst, rapists, murderers, all of that.
There's no question about that, that these are not our finest
individuals and none of them are US citizens and their countries
won't take them back.
And so what are you supposed to do when you've got somebody
their countries won't take them back. And so what are you supposed to do
when you've got somebody who is in this country illegally
and we don't want them and their country won't take them back
or they can't go back because there's an issue,
maybe they come from a lawless country, whatever,
or they fear persecution, that sort of thing.
There's a process for that.
There is a third party, you can go somewhere else,
you know, third party that will accept you,
but you get processed.
You have to be given notice.
And they call it shorthand, a reasonable fear interview.
It give you a chance to say whether or not
you have any reasonable fear of persecution or torture
if you're sent to this third party country.
And basically in this particular instance, they were given these eight individuals. Again,
I'm not saying we want these individuals in our country, but we believe in due process
in this country and we believe in the rule of law. You can't just whisk someone away in the middle of the night.
You are entitled to process.
And here, these individuals were given 16 hours notice,
and it was most of that time was during nighttime sleeping hours.
So they literally, the plane takes off, and they got stuck in Djibouti And essentially what's happening is they've been going back and forth in court
with the government who was like, well, we don't want to bring the plane back
to give them this reasonable fear interview.
We want to do it where they are.
Let's like have a little mini hearing in Djibouti where they can, an interview
and we can get a little bit of a sense of what's going on.
And so, you know, we're going to have to do that.
And so, we're going to have to do that. And so, we're. We want to do it where they are.
Let's like have a little mini hearing in Djibouti
where they can interview and we can do it there.
And so the judge is like,
okay, I'll give you what you asked for.
I won't order you to turn the plane around
and bring them back.
You can do it there.
But it turns out that the order,
so then that's what brings us to this order.
And again, the opening line of this order,
you can tell where it's going.
The judge says,
the defendants have mischaracterized this court's order
while at the same time manufacturing the very chaos
that they decry.
So, you know, they basically, he says,
they raced to get six class members onto a plane
to unstable South Sudan, clearly in breach of the law and this court's order.
And defendants gave this court no choice,
but to find that they were in violation
of the preliminary injunction.
Essentially holding them in contempt
or about to hold them in contempt.
Because he basically said,
I told you to give them a reasonable opportunity
to have this hearing, you asked for it to be done there. And not only did you take them away,
16 hours is not reasonable,
now you suddenly can't do this hearing that you asked for,
that you can't do this interview that you asked for.
And the defendants are saying,
oh, it's too cumbersome, it's logistically,
we can't do it on another continent.
But the judge is like like you asked for that.
This is what you wanted.
And so the court basically says look, the court recognizes the class members
at issue here have criminal histories, but that doesn't change due process.
The history of American freedom is in no small measure the history
of procedure besides to a case from 1945.
It is a procedure that spells much of the difference
between rule of law and rule of whim or caprice.
Steadfast adherence to strict procedural safeguards
is our main assurance that there will be equal justice
under the law.
And the court treats its obligation to these principles
with the seriousness that anyone committed
to the rule of law should understand.
And look, just as a lawyer, as a human,
I mean, the reason I love this country, Popok, so much is
because we have things like due process.
We have rights.
Even the worst of the worst have rights.
We're not a country that takes people in the middle
of the night and throws them away and locks away the key.
I mean, that's why do you think people are coming from all
over the world trying to get to this country?
Because we have rights, right?
And I think it's, you know, my favorite line in this was,
it's a procedure that spells much the difference
between rule by law and rule by whim or caprice.
And we are a country of laws, not of whim and caprice.
And Donald Trump is chaos, whim and caprice.
And that's what's happening.
And that's what this, basically what the courts
are starting to do and starting to hold him accountable and essentially,
you know, he said, look, he basically said,
I'm holding you twice in noncompliance that is leading
to where we are now.
So, and now he's appealing the ruling to the Supreme Court.
Yeah, he skipped the First Circuit Court of Appeals,
which I'm not sure.
Listen, he's batted about 500 at the United States Supreme
Court from a procedural standpoint.
I don't see how this is an emergency,
but they've been willing to allow him
to exploit the shadow docket and the emergency applications,
which, just to remind everybody, means, or as Justice
Kagan put most recently in a decision, it puts the court on a very short fuse, which
they don't like. They have to make rulings on an incomplete record with skeletal briefing
and no oral argument in a rapid amount of time. And they're just not built for that.
You know, you and I have had a report on,
and Dina Dahl with me as well on Legal AF,
YouTube channel, have had a report
on so many emergency applications and their rulings.
And they go on like one or two pages
and they leave much to desire.
They give improper guidance to trial judges
about how to apply them.
They are temporary in nature,
but sometimes they are the final ruling
because by the time the case comes up a year later,
effectively the damage has been done.
It can't be undone in that amount of time.
So they're allowing him to exploit this docket.
At least, you need four votes
and we know he has almost an automatic four,
Gorsuch, Kavanaugh, Alito and Thomas.
And that's enough to get these emergency applications
granted, you know, or brought up, not the full appeal,
but on this basis.
So is it technically correct at all
to have skipped the first circuit to develop the appeal
to let it percolate and marinate appropriately
at the appellate level?
No.
But has the Supreme Court bent over backwards
to let him skip these steps?
Yes.
Now, it is, we'll see what happens.
I mean, he did take the appeal.
It's been a couple of days.
This one in particular sits with Katanji Brown Jackson
because even though he skipped the first circuit,
it is coming out of Massachusetts
and Katanji Brown Jackson is responsible for that region.
She can make this decision on her own,
which I would implore her to deny it, the appeal,
or she can turn it over to the big nine.
And we haven't learned yet what she's going to do.
There's been no briefing schedule set.
And so they are effectively blocked
by the ruling by Judge Murphy.
But you know, you gotta stay tuned to Legal AF
because there are these stories,
I mean you and I cut our teeth in the four or so
criminal cases against Donald Trump
and how fast those were moving.
Now multiply that by almost 200 cases
and 65 injunctions and 16 emergency applications.
And you can see why, you know,
we started Legal AF, the YouTube channel
just before the election for this break the glass moment.
And why I'm so thrilled to have you come over,
back over to one of your homes,
Legal AF, the YouTube channel,
because I could use your contributions, right?
We're trying to expand our coverage there.
We're doing about eight to 10 videos a day,
but we really could be doing 12 to 15 videos a day.
And I think with your help, we'll be able to do that.
Other ways to support Legal layoff,
Legal layoff the podcast, it needs more audio downloads.
It's like that fast food chain.
Eat more chicken or whatever it is.
We need more audio downloads.
Some people don't even know we're on audio.
Some people think we're all on YouTube.
Some people on audio don't know we're on YouTube.
Do both, go back and forth in front of both.
Send these things off to your friends and family
because we're organically growing
completely by word of mouth.
We have no marketing department.
We're not getting all the press
that our brothers are getting.
We're starting a little bit of a hidden secret,
but you guys know about us and our audience knows about us
and millions and millions of people a month know about
the work we're doing on Legal AF.
So audio you got, video you got,
Legal AF, the YouTube channel,
Legal AF, the sub stack for all,
you really wanna geek out on everything related
to law and politics.
We wanna be one stop shopping, a clearing house
for everything law and politics, all in one place.
And that's what we're able to do in those places.
Then of course we still have Patreon.
We're still doing a lot of work on Patreon,
a lot of interesting work on Patreon
for people that wanna support there as well.
All different ways to support.
And then of course we got our sponsors.
And they're oh so important to us.
You said earlier that you complimented me
sort of about the enthusiasm.
I'm enthusiastic because I'm so thrilled we have them
I mean I when we started legal AF
There were times we had no sponsors whatsoever and it was just like me and Ben
I was I was like selling my law firm that he was selling whatever he's done, you know, that was it because
We just weren't big enough. We weren't
we weren't
renowned enough to attract sponsors
that wanted to talk to our audience.
Our audience wasn't big enough, but now we are.
That's a reflection of, again, the fellowship
and community that we've built here.
So now we have our last word from our sponsors.
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Now welcome back to Legal AF,
Karen Freeman at Nipolo, Michael Popak.
Let's see, we're in the home stretch.
Let's get down to law firms duking it out
with Donald Trump and winning.
Jenner and Block, WilmerHale, two fine firms.
I'm sure Karen, you know a lot of people there, work there.
I've hired a couple of these firms in the past.
And unlike more than a dozen other law firms,
some of which I'm embarrassed to say I used to work at,
who decided, nah, we'll just give them $100 million
of free legal service, these firms fought back and did exactly what Beryl Howell,
a judge we reported on about two weeks ago,
told them they should do, which is, you got a problem?
You got a problem where you're being abused by a president
and a tremendous abuse of power,
you're being put on a blacklist,
you're having your careers taken away,
you're having a chilling effect on your obligations
to use zealous advocacy on behalf of clients.
Then you come to a federal judge.
A president is out of control and rogue
and blacklists you through an executive order.
Then come to us.
And she wrote a very, which I think has been the template
for other judges like Judge Bates and the rest,
because these three or four law firms
that filed their complaints
and temporary restraining orders and other things
against Donald Trump's administration
for all getting executive orders against them,
they all got assigned to different judges,
which is what happens in our world.
Now, before we turn to Jenner and Block and WilmerHale,
there is already resistance and pushback
within law firms that settled.
Remember, there are about 14 law firms.
It started with Paul Weiss.
45, I think it was $40 million of free pro-boto
legal services, Donald Trump, to make him stop beating them.
Because they're transactional lawyers
and the litigators got gagged within their company
and their firm, I'm sure.
And then, but that got Donald Trump a tingling
and Emil Boves soon to be a third circuit judge
who was running this program along with Stephen Miller,
decided to go for more.
So then they upped the ante.
And then we had $100 million by Skadden Arps,
and then $150 million by Wilkie Farr and Gallagher.
And then we're off and running.
But you total it all up.
It's over a billion dollars worth of free legal service.
Now in order to have that mean anything,
they've got to actually do the work.
The problem is younger associates
don't want to do that work.
And some of them are quitting,
like Rachel Cohen and others.
Some of them are staying and just saying,
we're not doing the work.
You're gonna fire us over it?
So now they're scrambling to see
how they're gonna get the work.
And then when work comes to them,
they're refusing it.
Like Greta Van Sestert is all upset.
I didn't realize,
I know she was famous for the OJ trial.
I didn't realize she was so MAGA, but she's MAGA MAGA.
And she tried to bring a case to one of the major firms,
Scad and Arps, where I worked, and said,
you need to represent this veteran to sue a judge.
They're big on suing judges, putting judges in jail,
putting members in Congress in jail.
And then Scad was like, no, we're not doing that.
So it's one thing to announce all of these pro bono things. It's another thing to get the peopleat was like, no, we're not doing that. So it's one thing to announce all of these pro-Boto things.
It's another thing to get the people to do it
or these firms to actually do it.
And then Beryl Howell reminded us,
why would you ever wanna go to a firm like that?
Because why would you ever want them representing you
against the federal government?
Because you gotta think that they're not loyal to you.
They're not gonna use their zealous advocacy
because they're worried about the Trump administration.
And that's sort of where we end up with these two cases,
Jenner and Block and Wilbur Hale.
Karen, why don't you take it from there?
It's just unbelievable to me how essentially
what the judges are doing is they're striking down
these executive orders saying, you can't do that.
You can't target an individual for no reason. First of all, you're violating the First Amendment
rights, right? The right to, you know, free speech and assembly. And you can't just go
after somebody because you don't like that Robert Mueller worked there or Jack Smith
worked there. And these are the reasons that they're going after him. And so basically
these are getting struck down completely,
these executive orders.
So I, what I don't really understand is why more law firms didn't fight back.
I mean, because Trump is losing completely. So now what, right? Now what happens?
I mean, really, why aren't they fighting back? Why are some of them settling?
Why, what, what did, like, can you tell us? 14 of them. Why, but why?
It has to do with the, the world, as you, as you know,
and I certainly know from leaving law school,
the world divides in the law into two, into two worlds.
You're either a transactional lawyer,
and you can subsume within that regulatory,
public interest and all that, or you're a litigator.
And if you're a litigator and you're a trial lawyer,
you're pugilistic, you wanna fight,
you see how this is a violation of our code of ethics
and to have a chilling effect on the entirety
of our profession.
You're a transactional lawyer, you're a deal maker.
Those, and I worked with them when I worked
at a Wall Street firm, those those lawyers sure they they get sworn in
They're members of a bar because they have to be but they haven't thought about the rules of professional responsibility in decades
They don't they don't consider themselves to be officers of the court
Even though they are they consider themselves to be deal makers and business
They might as well they might as well have gone to MBA school
Except you need a lawyer who knows how to run a deal,
knows how to put documents together,
knows how to put agreements together,
and that's the only reason they're lawyers,
but they really just wanna be MBA people, hedge fund people.
They'd rather be on the other side
making more money anyway.
And so most of these firms that we've discussed,
Paul Weiss, Wilkie Farr, and Skadden, my old firm,
they're all run by the rainmakers
who bring in 10, 20, 30, $50 million a year or more,
they run the firms.
And they did not want to challenge Donald Trump.
They thought it would put them out of business,
that they didn't wanna play the odds with the judges.
They know that Donald Trump has had a lot of success
with judges.
Look, everybody thought this guy was gonna be in,
you and I are gonna be doing podcasts right now.
He was gonna be in jail.
And that didn't happen.
That scared the crap out of everybody.
That he has this ability to just navigate
and walk through a minefield
and not blow off any of his limbs.
So he's a scary cat. and I know why they did it I just don't agree with it. Now the firms
that have all filed and have been successful are firms that we consider to
be like the creme de la creme of litigation practices and they had really
no choice because they were never going to submit and 50 80 90% of their revenue comes from representing clients before the federal government
and in cases in which there's federal prosecutors on the other side.
So they were like, fuck it, you know, we, pardon me, legal AF it.
We have to rely folks.
My father's listening.
Am I not cursing enough?
Is that the problem?
Exactly. More, not cursing. Am I not cursing enough? Is that the problem? Exactly.
More.
Do it more.
But that's the reason.
But they're wrong, as you pointed out.
They're wrong.
They should have honored our profession
and understood the chilling effect it would have.
And the one nice thing about this though, Karen,
is how many law firms are being formed now
to oppose Donald Trump.
And their entire reason for being
is because of Donald Trump going after lawyers
and law firms and them losing their balls to fight back.
There's a handful of law firms now
that have broken away from major firms
like Abby Lowell's firm and others,
their entire reason for being is to represent people
who have been retaliated against by the Trump administration.
And that makes me proud to be a lawyer.
Yeah, look, me too.
But just from a, you could even be pro-Trump, anti-Trump,
it has nothing to do with Trump.
It's like this is retaliatory, targeted,
just lawless executive orders.
And just for the principle of it,
how do you not fight back to be singularly just targeted like that?
There's, you know, again, it's First Amendment, right?
And freedom of association.
There's all sorts of ground, constitutional grounds
why these don't work. I don't even know if they if there's a bill of attainder possibility that could be
brought against, you know, could be, you know, a claim could be brought where you essentially can't
convict someone without due process. And that's essentially what they're doing what Trump is
doing in these executive orders. He's basically saying, you know, convicting them without any due process,
essentially saying, you know,
we're taking away your security clearances,
we're, you know, we're gonna not allow you
to represent people, you know,
like if you have a government contract
and you're representing that person in that transaction,
you know, you're not allowed to do that,
you know, all that kind of stuff.
Like, I just, every single law firm that's fighting back is winning.
And same thing with the universities, right, who have fought back,
like Harvard, instead of caving, essentially, right?
They, that they will win on the merits.
And I just don't understand why more people don't fight back and why they cave.
Because if you cave, what you're essentially doing
is you're allowing the bully to win,
and you're emboldening the bully.
And that's the problem I have.
Again, you could even be Republican or conservative
or pro-Trump, but you still can't
allow lawlessness to happen.
And that's the problem I have mostly with Donald Trump.
If he was doing all the things that he's doing,
like the tariffs, right?
The tariffs were just resoundingly struck down
as we discussed.
But he controls Congress, right?
He controls, the MAGA controls both houses.
Why not just have Congress pass the laws for the tariffs?
And then guess what happens?
Then they're legal.
It's like so much of what he's trying to do and he's losing. He could do
legally because he controls Congress. And I don't understand why he's not doing things legally. Instead, he's just doing
things that he feels like doing. He's losing them all. And he looks like you know, people are saying he looks like a
chicken. And he looks like he's just Like a taco. Yeah, like a taco.
He looks like a taco.
He's pink, pink, and he's orange.
True, I know, but the problem is I love tacos.
So that's the one thing I really don't want the taco
to be associated with him because.
You know what's gonna happen.
I love the moniker.
You know what's gonna happen.
And then like today's the taco
and then tomorrow Mag is gonna adopt the taco.
And they're gonna like, you know,
like they wore the diapers and the ear thing
when he got, you know, whatever happened
at Butler, Pennsylvania and all of that.
But listen, I love doing the show with you.
Oh, there you go.
See, he's all ready.
He's all ready.
I'm sure that's AI generated, but I love it.
But I love it.
But we reached the end of another Legal AF,
some breaking news.
Karen is going to be doing regular hot takes
on Legal AF, the YouTube channel,
on a playlist that we have already for her.
And I'm really looking forward to that,
working with her on that.
We covered a lot on this particular episode.
We started with Judge Chutkin,
giving Donald Trump a break but not really in allowing
a major lawsuit to go forward related to Doge and Elon Musk as we got on the air we had
a cover because it's fascinating, a case by the International Court of Trade in New York
which basically says Donald Trump is unconstitutionally has unconstitutionally imposed tariffs, which if it's successful,
after it gets through the Federal Circuit Court of Appeals,
the federal, which has now been appealed to
in the US Supreme Court,
which has completely wrecked Donald Trump's
whole economic plan.
We talked about South Sudan,
and the fact that Katanji Brown Jackson
has a very hard decision to make
about whether people without due process
are gonna be deported there. And then lastly, we talked about Jenner and Block and WilmerHale and all the
other firms, why some firms didn't fight back, but we have mad love for those that have in our
particular profession. And of course, how do you support what we're doing here? Legal AF, the
sub stack. That's where you're going to get all the detailed reporting, morning briefing by me,
I do something called Morning AF,
and then all the filings that we talk about
in videos and things like that.
We got almost 60,000 Substack people in about a month,
which is great.
Legal AF, the YouTube channel, Karen's rejoining us there.
We've got Asha and Renato on It's Complicated,
Sean Wilentz and Sydney Blumenthal on Court of History,
the Court Accountability,
we have Court Accountability Action with Lisa Graves,
Alex Aronson and Mike Sacks.
We've got Deena Dahl, we've got Shan Wu, Melba Pearson,
and Dave Arenberg all on Legal AF, the YouTube channel.
And those are the ways that you can support us,
continue to grow and help us with our audio downloads,
audio listens on this particular podcast.
So Karen, last word as always.
Of course, I have to say good night to my dad,
good night, Grandma Tony,
and good night to my sister, Jen, who's also watching.
So I love my family.
I love how they support this show.
And I love doing this live
because I love reading the comments as we sit here
and people are hilarious and they're just so engaged.
So thank you everyone for joining us live
and for being so engaged and active in the comments tonight.
Until our next episode, which will be Saturday with me and Ben Mysales, it's Karen Friedman
at Nipolo, Michael Popak, Legal AF, shout out to the Midas Mighty and the Legal AFers.