Legal AF by MeidasTouch - Legal AF Full Episode - 6/11/2025
Episode Date: June 12, 2025On the Midweek edition of Legal AF podcast, Anchors Michael Popok and Karen Friedman Agnifilo take on: developments in the fast moving California suit against Trump; two different appellate courts sid...ing with Trump for now and blocking court orders, the contempt proceedings that are continuing involving Abrego Garcia, and so much more at the intersection of law and politics. Support Our Sponsors: Naked Wines: Join the Naked Wines community and head to https://NakedWines.com/legalaf for 6 bottles of wine for JUST $39.99 with shipping included 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! Smalls: Head to https://Smalls.com/LEGALAF and use promo code: LEGALAF at checkout for 50% off your first order PLUS free shipping! 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 Learn more about your ad choices. Visit megaphone.fm/adchoices
Transcript
Discussion (0)
Breaking news coming in from Bet365, where every nail-biting overtime win, breakaway,
pick six, three-point shot, underdog win, buzzer beater, shootout, walk-off, and absolutely
every play in between is amazing.
From football to basketball and hockey to baseball, whatever the moment, it's never
ordinary at Bet365.
Must be 19 or older, Ontario only.
Please play responsibly. If you or someone you know has concerns about gambling, visit connexontario.ca. in the last hour,
including oral arguments, things that develop
at the United States Supreme Court, the shadow docket,
and this fast moving story,
and then you can fill in the blank.
We could have talked about Abrego Garcia being returned,
and we will.
We could have talked about the fallout
between Donald Trump and Elon Musk,
and we'll touch on that. We could have talked about the fallout between Donald Trump and Elon Musk, and we'll touch on that. We could have talked about
the fallout from the Tariff War and how the rest of the world
is eating Donald Trump's lunch in front of us.
But we gotta talk about the assault on a state sovereignty
that's happening in California.
California is just the Harvard of the states.
It's the one that Donald Trump picked on.
And I think he picked the fight with the wrong governor.
And he's left him with no, Gavin Newsom with no choice, but to take on Donald
Trump and to fight back every way he knows how, including by filing a new
lawsuit, and we already have developments in that lawsuit now, but assigned to a
judge up in San Francisco.
So Karen, you and I need to update our audience.
Or for those just joining late, tell them what's happening there and why it is important
to our constitutional republic that California, like Harvard winning its suit against Donald
Trump, that they prevail.
We've had a couple of procedural wins, which are wins nonetheless for the Trump administration,
and we'll try to sort them out.
One is Donald Trump losing in his trade war, tariff war,
and begging an appellate court to help him out
and give him more leverage in the negotiations,
because right now he's on the balls of his backside
in negotiating.
Nobody believes him.
Everybody believes he's on the balls of his backside in negotiating. Nobody believes him.
Everybody believes he's a taco.
Just wait him out and he will fold or chicken out.
And there was a ruling by the Court of International Trade,
a little followed court that you and I talked about.
A couple of weeks ago, Donald Trump took an appeal to kind
of a little known or little covered appellate court,
the appellate court for the Federal Circuit.
And they've issued, 10 of them got together and issued a stay.
And we'll talk about what the ramifications of that are
and the fast briefing schedule that they've also asked for.
We also got a stay, a block of Chief Judge Boesberg,
second time, but I don't fault him.
He's dealing with very difficult constitutional issues
with very little case law guidance and an out of control
rogue president on the other side.
So he had required the Trump administration to do something
by tomorrow related to 150 plus people sitting in El Salvador for the last more than 90 days
in terms of describing to the court how they see,
the Trump administration sees due process and rid
of habeas corpus rights being given to these 140 people
since they're in El Salvador.
Are you going to open up a pop-up federal court
and bring a magistrate in in El Salvador or somewhere over there, you know, Djibouti
or wherever they were trying to do things
with another deported person,
or are they going to bring it back to the United States?
What is it consistent with the teachings
of the United States Supreme Court
over the last three months against the Trump administration
starting with a series of decisions in April?
But as fate would have it, the random wheel has drawn three
Trump appointees, cherry, cherry, cherry,
and they have a new block of Judge Boasberg out there.
And then we have the thing that normally any other week
if it wasn't talking about this presidency, we would, you know,
kind of lead off with, Abrego Garcia,
because you and I didn't talk about it.
Yeah, he's home now, but he's been brought back and stuck
in Middle District of Tennessee,
Nashville with an indictment.
I want to talk about what's happening
in the Judge Zinnis courtroom in Maryland,
and about whether bringing him back
under this phony extradition claim to face charges for an indictment
that they were working on while they were facing contempt
charges with Judge Zinnis is going to get them
out of the doghouse and avoid contempt charges
in the court that is administering the justice
of Abrego Garcia and his return.
And I want to bring in Karen to talk about that.
And whatever else pops into our head that happened as we were coming onto the air. Karen, how you doing?
I'm good. I'm good. How are you, Popok? I see you're clean shaven today. Like once a
year I feel like you do the whole clean shaven thing.
The baby's never seen me clean shaven. We decided that the other day, my wife made that
comment. I said, that is true. The baby has never seen me.
And?
Never seen my face. No negative reaction, just completely agnostic.
I'm trying to think if she's getting closer to my face.
But no, she's very kissy anyway.
So it's fun.
I just need to let it breathe.
Need to cream it with all of our sponsors and all the different.
Exactly.
One skin and all the other.
All of that.
But I'm glad you're here,
because we both operate in high velocity environments
of our own choosing and our own making.
And it's nice just to slow down
and see this on the calendar and say,
hey, I get to spend time with Karen for.
Me too, I look forward to every Wednesday.
Yeah, absolutely.
So why don't we kick it off with you updating everybody
about where we are in California.
Had sort of a funny filing.
I was sort of, that's, you know,
the Trump administration on an order
filed what they were supposed to.
You can talk about the order with the court,
but it had some typos and some issues with the format
that we can talk about, which doesn't surprise me,
as they try to convince a federal judge in San Francisco
to not block their commandeering
of the State National Guard in California
as they assault your home state of Cali.
And then we've got, of course, Gavin Newsom,
who made his YouTube debut.
We had the exclusive on the Midas Touch Network.
Almost two million people will have watched it
and gotten their news from here.
And we were watching it and commenting
and kibitzing behind the scenes.
So let's pull it all together.
Bring everybody up to speed as since the 6th of June,
when Donald Trump manufactured a riot, where are we now?
Yeah, so what's going on in LA,
it is where I was born and raised
and went to high school
and college, but I've been on the East Coast ever since.
But I still have a lot of family there.
I go there multiple times of year.
And so anything that happens in California, especially Southern California is always very,
very near and dear to my heart.
And what's really interesting is what's happening right now is there was no problem in Southern California.
Los Angeles was not having any issue. It was peaceful. It was lovely. 72 and sunny,
which is what it kind of always is. And all of a sudden, Donald Trump comes in and has
manufactured a problem that now he's coming in and saying, oh, here I am to the rescue,
and I have to bring in the military
to fix this problem, this failing state. He created the very problem that exists.
There was nothing wrong in California. It was peaceful and lovely and wonderful and sleepy
as usual. And what he does is he sent his ICE agents in to go not to the jails or the prisons
where the murderers and rapists actually are physically,
because they've been convicted of murder or rape.
That's where you go and you find the murderers and rapists,
and then you can deport them when they're done serving
their sentence or deport them now if you want them
to no longer serve their sentence.
That's what every single administration has done since,
certainly since I started practicing
and certainly since I was a prosecutor starting in 1992.
Even in New York City, another sanctuary city,
we too coordinated with Democrats and Republicans
where people who were convicted of terrible crimes
like rape and murder after they were convicted
would get deported. They would go to the jails and they would pick them up and they would deport them.
That is what normally happens. And just because Donald Trump is saying we are deporting murderers
and rapists, what they're actually doing is showing up to the places where there are a
lot of immigrants who work in the service jobs like at Home Depot or service
industry jobs like in Home Depot or in restaurants or in fields.
California has tons and tons of agriculture and a lot of day workers come in from Mexico
in particular and pick the produce that many
of us, no matter where you live in the country,
are happy to have.
And so that's what they were started doing.
Children, women, pregnant people,
and people that are here completely legally,
by the way, as well, making mistakes,
like Abreiego Garcia.
So it wasn't like they were just going in there and,
and only taking the people who are convicted of serious crimes.
And so the people of Los Angeles started protesting
because these are people who are their friends, their family,
people who work with them, beside them, or for them,
or they work for, things like that.
So, so because they were rounding up people who weren't the criminals people started peacefully protesting
Not a problem for the LAPD LAPD is you know, I don't know how many people know this
My dad was ex LAPD. He won police officer of the year multiple times back in the day
Very proud of my father, LAPD.
LAPD is an incredible, incredible entity
that has no problem dealing with protests, even riots.
No matter what it is, looting, they know how to deal with it.
They can deal with it.
And they had everything under control.
And the only thing that started making it out of control
is Donald Trump's next actions,
which is he came in and started federalizing the National Guard.
National Guard is normally a state function,
but you can federalize it under certain circumstances.
So he called up a total of 4,000 National Guard,
federalize them despite Gavin Newsom saying
he didn't want that and he didn't need it
and we have it under control.
Things were calmer until Trump escalated it
by sending in military troops.
LAPD like NYPD, they're very sophisticated in de-escalation.
That's what you do when you have, when you live in a big city and you have people who
peacefully protest, because there's the First Amendment of the Constitution which allows
for peaceful protest.
And so they're highly, highly trained in how to de-escalate things, because you want people
to be able to peacefully protest and de-escalate,
just like happened in New York last night.
No problem, they de-escalated
because that's what the NYPD does.
But Donald Trump, he pours gasoline on any small fire
and turns it into an inferno.
And that's what he did and called up Marines, et cetera.
And that's when it all happened.
And people started doing things
that are objectively criminal and they will be prosecuted
and should be prosecuted.
And the District Attorney of LA and the governor
and everybody else came out and said,
we're against violence and this is not okay
and we'll prosecute it.
And they will, and they will prosecute it.
But PS, it's no worse than what happened
on January 6th, by the way.
If anything, January 6th was way worse.
That was trying to overthrow a government.
This is protesting, okay?
This was lawless protesting.
But this is, in my view, political theater because why?
Because he views Gavin Newsom as a threat because Gavin Newsom is clearly going to run
for president in three and a half years.
And although Donald Trump dangles a carrot out there
that he might run again, even though he can't,
he's going to anoint someone, of course,
JD Vance or somebody else.
And he views Gavin Newsom as a threat,
so he wants to take him on.
And Gavin Newsom gave this very presidential speech last night
on the Midas Touch Network. And,
you know, I think he said a lot of really good things. I think, you know, he clearly
basically took the, you know, took the invitation. He's like, okay, you're coming after me because
I'm going to run for president. I'm going to give you a presidential speech. And that's what he did.
I have mixed reviews of what he said, but we can talk
about that another time, because this is legal AF.
So let's talk about what's happening legally.
And so California went to court to try to stop Donald Trump
from militarizing the National Guard,
because he's actually not allowed to do that, right?
You're not allowed to, there's the P not allowed to do that, right? You're not allowed to.
There's the Posse Comitatus Act, right?
We've covered that multiple times.
That basically says the military can't do police functions.
They're not allowed to do that.
And unless of course he, the president declares an insurrection, but he didn't
declare an insurrection and is not declaring an insurrection.
So instead he invoked a statute, it's Article 10, 12406,
which basically gives three times
where a president can federalize or bring in the military
or federalize the National Guard.
When can you do it?
First and foremost, and this is what's crazy,
is these three exceptions or these three triggering events
all require the consent of the governor,
or the governor usually asks for it,
which here, not only didn't ask for it,
he said he didn't want the help,
but there's three instances.
Whenever the US is invaded by a foreign nation,
doesn't seem to apply,
but Trump constantly is calling the immigrants
or the migrants, calling them,
calling this whole situation a foreign invasion.
So I don't know if he's setting up for that one,
that particular subsection,
or to number two, suppress a rebellion
against the government.
That's what January 6th was, by the way,
and he didn't call in the National Guards
for four hours then when he should have.
And the third is if the president is unable
to faithfully execute the law
and regular law enforcement is not sufficient,
but regular law enforcement's clearly sufficient.
They have it under control, they had it under control, and again, they're not wanted there.
And so, Newsom filed a complaint and went to court
and basically, you know, said, you can't do this.
We don't want it, you can't do it.
And it got assigned to a judge whose name is Judge Breyer,
and there's going to be a hearing on it tomorrow.
And we'll see what happens.
But that's the state of where we are.
They're seeking a temporary, they sought an emergency stay essentially,
or a temporary restraining order.
But the judge basically didn't give them that.
So basically right now, Trump can still do what he's doing.
But in the meantime, it's going to, this whole thing is going to mood itself out
by the time, I think think by the time they go through
the motions of it's a very expedited schedule. But it's he didn't stop it in
its tracks. And I think it will potentially it's going to fizzle out on
its own.
Yeah, so we had the judge, Judge Breyer said a very didn't grant the automatic what's called ex parte injunction,
meaning you don't have to hear from the other side.
Here's our brief for California.
They unconstitutionally in violation of the 10th Amendment,
which reserves to the power of the people and the states anything
that's not expressly given to the feds by constitution
or by Congress and law, that's what keeps our entire United States together. That's the federalism
deal that the 10th Amendment was very, very important, is very important to keep our union
together. Our union is under attack, you know, whether it's California or one of the other 20 blue states, Donald Trump from the bully
pulpit of the White House is doing a reverse Lincoln.
He's attacking a state, not trying
to bring everybody back together again
or trying to enforce civil rights.
He's trying to create a mechanism, a phony riot,
a phony rebellion, which is not happening,
in order to justify crushing dissent
using every tool he has or he thinks he has
in his ability to commandeer the National Guard.
That's just what the fight is over.
He did not coordinate with the governor.
He did not coordinate with law enforcement,
neither the Department of Defense or Homeland Security.
That's admitted.
That's a stipulated fact.
And that's what happens on the ground
when bootjacked federal agents show up to try to do raids
at various places in LA without coordinating it
with local law enforcement who were learning about it
for the first time on the Minus Touch Network
or on Legal AF or on social media.
And so they ran and we knew it because Rob Bonta,
the attorney general, gave a great interview
with Ben, our podcast partner.
The governor gave a great interview
with Ben, our podcast partner.
I replayed them over on Legal AF on the YouTube channel.
So we have sort of one-stop shopping on all those issues.
And the judge, you know, we got the 83-year-old, as you said,
former brother of Stephen Breyer, or sorry,
brother of former Justice Stephen Breyer,
who has gone out of his way to push back
in his own diplomatic way as a retired justice,
to push back against the assault of the rule of law by Donald Trump
and defending what Roberts is trying to do
to keep the judiciary legitimate
and not have it delegitimized by Trump.
So you got this 83 year old senior status judge.
He said, no, I'm not gonna grant it on the papers.
However, let's all get together.
Let's do a briefing schedule over the next 72 hours.
So he ordered Trump today on time to file their brief
and he's giving the California on their three count suit
till tomorrow morning at about 12 o'clock Eastern time
to file their final say, they get the last word.
And then he's pulling everybody in at 4.30 Eastern time
for a hearing, which he's opening to Zoom.
We're going to try to Zoom our way in there and try to listen to it
as members of the independent media, as you will.
But I took a look at, as we came on the air, the filing.
The funniest part of the filing made by Trump and his lawyers
out in California is that there's a section that we refer
to as the table of authorities.
And it's a list that,
depending upon the rules of your court,
you have to, at the size of your brief,
you have to list all the case law and statutes
that you're relying on for your argument.
And this is not a complicated case from a legal standpoint.
Donald Trump either has properly triggered his powers
under 10 USC 12406, because those three scenarios have happened, or he hasn't.
He either needs to go through the governor, because the governor is listed there
as a person through whom the orders need to be distributed or sent, or he doesn't.
And he's either violating the 10th Amendment and state sovereignty by,
under a long line of Supreme Court cases,
about when you can and cannot commandeer the National Guard, the state National Guard,
and when you can or cannot force state officials to do the federal government's bidding. And
there's a body of law on that. So all this is coming to head, coming to a head with Judge
Breyer for him to make the ultimate decision. So the funniest part of the brief is when I get to the, we all got to the table of authorities and put it up on the screen,
it's a, it's blank. It just says insert like it's coming. All right. Now, maybe it's because the
actual brief has very little case law in it too. It's a lot of complaint, complaining and crying.
I mean, they do cite the leading case,
which I talked about in the odd take.
Who's the law firm who filed that?
No, it's an house.
It's the Department of Justice.
The Department of Justice filed something
without a table of authorities?
Yeah, that's what I'm talking about.
Trump's brief.
Who signed it?
It's the guy that showed up the first day
with the Trump administration, Brett Schumate.
They pressed him back into action.
He was in private practice.
And now it's Christopher Adelman for the Federal Programs
Branch in Washington.
It's another sloppy job.
I'm sure that John Sauer took a look at it.
But it just starts this way and doesn't get any better.
It starts with, in a crass political stunt endangering
American lives, the governor of California seeks
to use this court to stop the president
from exercising his lawful statutory
and constitutional power to ensure that federal personnel
and facilities are protected.
And I'm like, oh, that's interesting.
Let's go on.
And then the rest of it is just make way where they go through,
look at this burning car, and look at this burn,
and look at, listen, I've been through riots and so have you.
You know, I watched on television what happened
in 1992 in California.
I was there for Black Lives Matter in New York,
not the BLM part of it, the looting lawlessness
that ended up using that as a cover to get into these buildings.
And this is not what we're watching on television.
Law enforcement and its use
of the National Guard would be fine.
If that's what the governor wanted to do in consultation
with those around him, then he had the power to do that.
But they never got to that because they never felt
they needed it. They didn't feel the law enforcement
was outmatched there or the LAPD or any of the other places.
And so, Donald, I don't believe that once we see
this final brief tomorrow from, and then the hearing,
I think it's going to go not well for the Trump administration.
I don't think he's properly commandeered the National Guard. I don't think the triggering
events are present for the statute. I think it violates the 10th Amendment. And we're going to
have to see if this judge has the brass ones to issue the ruling. If I was a betting man,
I would say he does,
especially given his family heritage
and who he's related to.
And then, if I'm right, the loser, hopefully Trump,
will take an emergency appeal to the Ninth Circuit,
try to get there, see what happens with the Ninth,
come through Kagan, Justice Kagan,
because she's the first stop on the train.
She'll refer it over to the full panel,
I don't know why, on Bonk, she doesn't have to.
And then, you know, we're gonna have yet another,
the 20th emergency petition
to the United States Supreme Court about this issue.
And if they would just, as you put it,
just leave well enough alone.
If they would just stop tampering with it
and stop interfering
with the good and welfare of the citizens of California and would just back off and
back out, this whole thing would just dissipate.
You and I were texting on the side. It's like, it would be like going in
and starting a forest fire by arson
and then bringing in the firefighters and saying,
look, I'm the hero, I put the fire out.
You're the one who freaking started the fire.
Absolutely.
I said in a hot take, it's like a Ray Bradbury moment
where the firefighters don't put out fires.
They burn books.
And we have the same thing here.
I mean, they were taught, this is all political theater
in order to bait Newsom, California and its residents
into attacking the federal government
so that the Republicans could look every,
their MAGA base and others in the eye and say,
see, see the split screen?
Democrats are for lawlessness and migrants.
And we're for the rule of law.
And that is their thematic.
And it's also distracting,
because you and I are talking about it,
it's also distracting from the Elon Musk Trump feud,
it's distracting from the failure of the tariff program,
it's distracting from his going after the Federalist Society.
What else?
The big, beautiful bill.
The big, beautiful bill floundering.
This is all political theater. But, but
lives hang at the balance.
Yeah, no, it's true. It's true. They and Donald Trump does this,
right? This is how he he behaves things aren't going well for
him in with the economy with the tariffs with the big, beautiful
bill, you name it, it's all going poorly. So what does he
do?
He turns to the one thing that he thinks goes well for him
and that's immigration.
He creates this problem.
He creates this situation in Los Angeles.
And then he says, look, I'm a hero.
It's like he has this way of distracting, you know,
like I turn on mainstream news at the last few nights just to see what's going on.
And it's live coverage, breaking news,
reporters on the ground at these, you know, protests.
It's like, that's all they're talking about.
They're not talking about all the other things
that he's doing.
Meanwhile, there are migrants still being held in Seacot
who aren't supposed to be there.
You know, there's so many problems and things happening,
but nobody's talking about it because he's successfully
thrown the ball and the Golden Retrievers
have gone and chased it, and that's what we're focusing on.
The press has a nasty little habit.
And it's... You and I know it from where we grew up
and where you practiced the prosecutor.
You know, there's the old saying, if it bleeds, it leads.
That's an old newspaper phrase for, you know,
if we got mayhem, if we got blood, it goes on page one.
Blood or sex, blood or sex.
Blood or sex, if it bleeds, it leads.
My favorite New York, so the New York Post is the,
I think the oldest newspaper in the country.
I know, Alexander Hamilton.
Yes, exactly. So it's a tabloid.
And, you know, I'm not vouching for its journalism whatsoever,
but occasionally they have great headlines.
And there's a famous New York Post headline.
It's, uh, headless body found in topless bar.
You know, it's just genius because it struck both, right?
It's blood and sex.
You know, those are the two things that make headlines.
But that's what they're focused on, right?
So, oh, there's a sma... Where were they on Jan 6th?
Yeah. They're like, fires burning.
LA's on fire. First of all, it's one square mile
of Los Angeles, okay? That's what they...
Zoom out. Zoom out.
Zoom out. LA's huge, it's one square mile of Los Angeles. Okay, that's what they zoom out, zoom out, zoom out. LA is huge.
Okay, it's enormous. And it's got millions and millions of
people. It's one little square mile in downtown. And you know,
it's on fire. Okay, they they're, again, I'm not downplaying
it. It's bad. It shouldn't happen. You know, the looters are
bad. But again, LAPD can handle it. But yes, you know, they
send in these, the LA has these driverless cars.
We don't have those in New York yet.
And my family takes them all over the place.
They're called Waymo's.
And you hear people talking about the Waymo's
that are on fire.
Not everyone knows what a Waymo is, right?
Like it's these driverless cars.
No, not the Waymo's.
Yeah, exactly.
You summon them like an Uber.
They come get you and you're in a driverless car
and it takes you from point A to point B. And so I guess it's an easy thing to summon Yeah, exactly. You summon them like an Uber. They come get you and you're in a driverless
car and it takes you from point A to point B. It's, you know, and so that guess it's
an easy thing to summon it and I'd set it on fire. It's not, you know, but it's so typically
it's such a characteristically singularly LA thing, right? That would happen.
Like in Miami, we have these little Amazon delivery robots. They're adorable. One's named Josh. They're just little robots.
One's named Dolly.
And I see them on the street now in downtown Miami
just kind of doing their thing.
Then they reach a little, a pothole.
They gotta like think and they gotta reverse
and go around it.
And they make them look adorable with little eyes.
So, and my wife turned to me and said,
hey, what do you think would happen
if they had those in New York?
I said it would be jacked up on blocks
within about 10 minutes
and all of its wheels would be taken off.
And here I'm like petting it, like it's adorable.
As in New York, it would be on fire
and it would be on blocks with no wheels
in about 10 minutes.
Oh my God.
But that doesn't mean we send in the National Guard
federalized by the president of the United States
along with Marines, because there's a robot on fire. It's crazy. It's absolutely crazy. Exactly.
I want to ask you, I want to go back to this,
because I'm obsessed with the fact that they submitted
a filing in federal court, the Department of Justice.
Yes. I want you to crap all over them,
but we have to take a break.
But you're going to... When we come back,
Karen is going to crap all over the Department of Justice because they filed something
that said to be inserted under case law
in a major filing in California.
We're also going to cover the, why the trade court ruling
against Donald Trump was blocked.
What was that panel all about?
Why was, why was a boat, well that one wasn't too bad,
why was the Boasberg decision requiring Donald Trump
to give due process to 140 people,
not named Abrego Garcia in El Salvador,
why was that blocked?
Who was on that panel of the Pellet Court?
And what does the Abrego Garcia return mean if anything
to the contempt proceedings being presided over
by Judge Sinis?
But now is that time we gotta pay the bills.
And that's, we love that, we love that time.
We got a number of ways you can support
what we're doing here.
And people are like, you're always promoting.
Yeah, we gotta talk about our network,
we gotta talk about our channel,
we gotta talk about ways that we can continue
to bring uninterrupted all of this amazing content
that you like.
First is you're here on Minus Touch
as they're making their move any day now,
we're gonna be announcing five million and then we're on to six million and
that's all a testament to you. The fact we had almost two million people
that were watching the Gavin Newsom, if you added up all the rest of the
mainstream media outlets, they didn't get that two million views on Gavin Newsom's
speech. We are the home of law and politics and things that you want.
So you got that.
Come over to the Legal AF YouTube channel.
It's like ESPN2.
And we are in collaboration with Midas and the Brothers.
And that's your, hopefully your one-stop shop
for all things law and politics over a dozen contributors.
And then we have playlists that are really,
you can't find anywhere else.
It's complicated.
We have a podcast with asha and ronato
We've got court of history court accountability action
melba pearson and dave arrenberg
Uh chan woo dina doll. I do a show with her called unprecedented
Which is a a podcast every week about the united states supreme court all on legal af the youtube channel help us
We're trying to get the 700,000 subscribers
before the month is over.
Now's a perfect time for you to contribute to that.
Free subscribe there.
We got a Legal AF sub stack.
Yes, we do.
Why?
Because you wanna see for yourself
when the federal government files something that says
case law to be inserted later.
And we posted on the Legal AF sub stack
along with other commentary and a morning briefing
by me called Morning AF.
And then we got these amazing sponsors
that Jordy Mycelis, so don't blame me,
Jordy Mycelis of the brothers,
he's in charge of putting this together,
curating our sponsors and then vetting them with us
and everything we do, we've tried, we like, or we reject.
But we're not telling you, if you don't have the disposable income, don't spend the money, but everything we do, we've tried, we like, or we reject. But we're not telling you if you don't have
the disposable income, don't spend the money,
but if you do, and these are something
that you think would bring value or humor to your life,
whatever the product is, now would be the time
because it signals to the sponsors
who don't control what we say that they should come back
and support our show.
So let's take our first break with our sponsors.
Want to be the most interesting person at the party?
Well, with our next partner, you can bring the best,
most interesting wine from an independent winemaker
with a truly unique story.
This podcast is sponsored by Naked Wines.
It's 2025.
Do you still shop for wine like it's 2005? Naked Wines is it's 2025. Do you still shop for wine like it's 2005?
Naked Wines is a service that directly connects you
to the world's finest independent winemakers.
So you can get award-winning wine delivered
straight to your door.
Just use our code, legal AF, for the code and password
at nakedwines.com and get their incredible deal
of six bottles for just $39.99.
I just received from Naked Wine
a Matt Parrish Napa Valley Cabernet Sauvignon 2021.
Simply delicious.
And my wife and I love cracking open a bottle of wine,
putting away our technology
and just being present in the moment
with family and friends.
How do they do it?
Naked Wines connects winemakers and wine drinkers directly,
allowing for vineyard to your door delivery and up to 60% off what you would pay in store. By
cutting out the traditional retail middlemen, costs and markups, winemakers can pass those
savings on to you without skimping on quality. Plain and simple, the wine from Naked Wines is
amazing. My wife and I love to have both white and red wine on hand
for our drop over friends.
So we split a box and it's perfect.
I've been rating the wine after I get it
and each shipment gets better and better.
Naked Wines has been around for over 15 years
and funds over 90 independent winemakers around the world.
With no commitments or membership fees,
you can enjoy Naked Wines hassle-free.
And don't forget, you can pause or cancel at any time.
So just because you got a trip coming up
doesn't mean you can't enjoy Naked Wines
before or after that much needed vacation.
Now is the time to join the Naked Wines community.
Head to nakedWines.com
slash LegalAF, click enter voucher and put in my code LegalAF for both the code and password
for six bottles of wine for just $39.99 with shipping included. That's $100 off your first
six bottles at NakedWines.com slash LegalAF and use the code and password LegalAF for
six bottles of wine for $39.99.
Why are elite athletes, business moguls,
and high performers using Armra colostrum?
Armra colostrum is nature's first whole food
with over 400 bioactive nutrients
working at the cellular level to build lean muscle,
accelerate recovery, and fuel performance,
all without artificial stimulants or synthetic junk.
Whether you're running a business, training hard, or just want an edge,
Armra optimizes your body for peak output. Optimize your whole body microbiome and
strengthen your immune barriers along the mouth, sinuses, lungs, gut, urinary, and
reproductive tract to guard against unwelcome particles for your strongest
immune health.
Look, I love using Armra colostrum to combat bloating
and to feel lighter.
Probiotics are touted as a gut health solution,
but they only address one part of the four part gut wall.
And most products on the market are dead
before they even reach your gut.
Armra colostrum naturally fortifies
your entire gut wall system, optimizing your microbiome
and strengthening the gut wall architecture, which guards against irritants that can trigger
symptoms like bloating and constipation.
Oh, and get this, colostrum bioactives have also been shown to reactivate hair follicle
stem cells, optimize the hair microbiome, feed regenerative nutrients to the scalp
and work to combat hair loss
by guarding against chemical induced damage to the follicle.
Fueled performance and recovery is possible
by harnessing the closely guarded secret
of elite athletes long prized for its unrivaled ability
to take performance to its apex.
Colostrum has been shown in research
to help enhance nutrient
absorption, promote lean muscle building, and improve endurance while fueling cellular
repair regeneration for faster recovery.
Specifically, colostrum has been shown to improve fitness endurance by 20%, decrease
recovery time by over 50% after intense exercise, improve stamina, and specifically build lean muscle mass.
We've worked out a special offer from my audience.
Receive 15% off your first order.
Go to tryarmra.com slash Legal AF or enter Legal AF
to get 15% off your first order.
That's t-r-y-a-r-m-r-a.com slash Legal AF.
We're on the air with Karen Freeman-Ignifolo.
Before we took our break, Karen is still dumbfounded
and wants to take on the Department of Justice
and their sloppiness in filing a major brief
and leaving out the case law.
Go ahead, Karen.
I just, look, it's just surprising to me
because the Department of Justice
has always been this premier entity.
It is the hardest job to get out of law school is to like the DOJ honors program.
If you want to work as a federal prosecutor, it's one of the most prestigious jobs you
could have.
It's the best of the best, the cream of the crop, and they're really excellent and they
produce excellent work.
And I think that's what you want
in your federal government, right?
You want it to be the best of the best.
It's not political and they're excellent lawyers
and they do a really, really good job.
This Department of Justice is like no one I've ever seen.
I don't recognize it.
You have United States attorneys resigning in protest.
You have in mass, you have in mass,
you have entire departments that are being fired
and being just decommissioned essentially,
like the civil rights divisions and et cetera, political corruption.
I mean, just things that used to,
they don't do hardly any white color crime anymore,
they're doing immigration enforcement.
I mean, it's just shocking to me.
And then the quality of work that they're putting out,
like what you just showed without a table of authorities,
I mean, that would never happen before.
I can't imagine that anything
like that would ever happen before.
And then you have lawyers who show up to court
and just can't answer basic questions
on behalf of the government.
And you have judges who are questioning them
and they're just their answers.
I don't know.
I'm not sure.
And, you know, you see Pete Hegseth,
who was testifying before, I think it was before Congress,
also just doesn't know basic answers to things.
And I don't know if that's by design.
I don't know if that's their way of keeping information
out of the public and basically showing,
look, we can do whatever we want,
or if they really are this incompetent.
Because I've just never seen the quality of work product
that is being put out by the federal government
ever before in my life.
Yeah, it's a sign of the, um...
the complete hollowing out of any intellectual heft at the Department of Justice.
What happens when career prosecutors, solicitors general
and others just say I'm out, it's just a brain drain
of epic proportion that can't be easily fixed even
when somebody not named Donald Trump wins the next presidency,
more likely a Democrat. It's gonna be hard to reply when you lose the
the expertise. You know when a Karen Freeman Agnifilo walks out the door of a
prosecutor's office, it's not just well here's your box and thank you let's go
have margaritas. I don't know what happened to you that day. I'm just
assuming. But it's just the loss of institutional knowledge
and legacy knowledge and expertise that goes out the door
with somebody like my podcast partner.
And when all these people are going, see ya, I'm out.
It's just terrible.
Of course the Trump administration doesn't care
because they don't want competent people pulling
the levers of power or in the Department of Justice.
They don't wanna prep their lawyers.
They don't prep any of the cabinet members before they go
in for these terrible, it looks to me
like professional malpractice how these people are
so ill prepared to answer basic questions.
But I think that's part of their strategy.
You know, it's just implausible deniability.
Like don't give them any knowledge or information.
It gets the lawyers in trouble for the Department of Justice
with federal judges.
And that's what we're watching when we get
to the Abrego Garcia matter.
Let's touch on though, Karen, the two blocks, boom, boom,
that happened sort of on the same day.
We've got the Court of International Trade,
three-judge panel, because that's how they make decisions,
a court that Donald Trump wanted,
had a Trump person among the three,
and they ruled that his Chinese, Mexican,
and Canadian tariffs were blocked
because they were not properly invoked under AIIPA,
the Economic Emergency Powers Act, international version of it
that was passed by Congress.
And then looked also at the separation of powers
and said, you can't do it that way.
You can do it, but you can't do it the way you've done it.
And here's the reasons why.
Trump went crazy, they're leftists, they're anarchists.
Why did the Federalist Society ever let me pick that guy?
Typical Donald Trump.
He takes an appeal and an appeal from that
goes to the Federal Circuit, the 13th Circuit, if you will,
of the Federal Court on the Appellate Court of Appeals.
And they got together, like, with that stay,
en banc, all like 10 that were actually around,
and they did issue a ruling and a briefing schedule.
Why don't you tell everybody about that?
You do it, go ahead, Popeye, you do it.
All right, well, they're going to block the lower court, the internet, the Court of International Trades decision. So Trump's been begging, because he said, I can't, I can't get any of these, these tariff agreements, because, you know, it's all tied up in court. And so I'm not scared of anybody. I lost all my leverage. And the appellate court was like,
okay, well, we'll let you out of this particular one for now,
but we're gonna do a fast briefing schedule,
relatively fast, to get this thing all timed out.
And we wanna have oral argument on it by the end of,
I think it's the end of June, right? I think it's the end of June, right?
I think it's the end of June.
But in the meantime, the tariff program of Donald Trump goes forward,
although it's been put on ice.
You know, he wants the appellate court to solve his problem for him.
The problem is he said he would impose tariffs on 120 countries,
and then he would get deals with 90 of them in 90 days.
And we're at 150 days, and there's no deals.
There's talk of China, there's talk of Mexico.
Mexico looks like it was able to get out
from under steel tariffs,
because Trump is ultimately afraid of Claudia Scheinbaum,
because she's smarter than he is, and he knows it.
And we have all that.
So, you know, a win procedurally,
which could last even longer,
what do you think is going to happen
when the appellate court hears the entire thing?
Look, I think at the end of the day,
it's hard for me to know.
This is really something outside of my expertise.
You know, it just, it makes no sense
because he's creating, you know,
and he's in a court that I've basically never heard
of before, right?
This international trade court.
And it's really interesting though to me
because he imposed these tariffs
or tried to impose these tariffs,
essentially saying these are gonna be so great
and bringing so much money to the American people
that he was even like joking or playing with the idea
that we won't even need taxes anymore, income taxes.
Sounds great.
Well, you can't look at the tariffs
without looking at his big, beautiful bill
that he's trying to pass.
If it was so great, if these
tariffs were so great, even if things are stalled or temporary, or it's going to take
some time because of the courts, whatever it is, if he were he if he really thought
he was going to win and he was going to bring in all this money, he wouldn't have to raise
the debt by trillions of dollars, which is what he's doing, which is what caused Elon Musk to implode and basically, you know,
criticize this bill, which is what making a lot of people criticize this bill,
because Trump is doing the very thing that he criticized Democrats from doing
and saying, doing the thing he said he would never do, which is, again,
increase the size of the debt.
thing he said he would never do, which is, again, increase the size of the debt.
So not only are we not going to pay fewer taxes or no taxes, like he said,
we have to increase the debt because of his policies.
So his tariffs ultimately, I think, are going to fail one way or another.
I think the other foreign countries are all basically saying that he is a lot of bluster and that he chickens out. The whole taco thing is a little overplayed,
but I think it is something.
And so they don't really seem to have much impact whatsoever.
And he doesn't seem to think it's going to do anything
either, which is why he's passing this terrible,
huge, big bloated bill. So I think that's what's gonna ultimately happen,
whether it's through the courts
or whether it's through leaders basically say,
giving him the middle finger.
I don't think anything's gonna happen here.
Yeah, I mean, look, I don't hold out a lot of hope here.
I think they're gonna give him another win on tariffs,
even though I don't hold out a lot of hope here. I think they're going to give him another win on tariffs,
even though I don't see how he possibly can argue
that he's not violating the International Economic Emergency
Powers Act.
Congress, by constitutional directive,
has the power to tax its spend and to impose tariffs,
not the president's.
And they can delegate to him, but they
can't delegate
without guidance and without limits.
And that's the problem.
Congress never really did that.
And we don't have the economic emergency president
that he's claiming.
If you're thinking that, wow,
I didn't realize the country had so many emergencies
when I was voting or when Biden was in office, we didn't.
These are all, whether it's in the immigration area,
the tariff area, the takeover of the National Guard
to try to embarrass or give a black eye to California area.
It's just made up phony exigent circumstances
and emergencies in order for Donald Trump
to try to wield emergency powers.
I think he has a binder on his desk
that Stephen Miller probably put together
of all his emergency powers,
if he can just declare an emergency.
And then they double down on it
by telling the federal courts,
well, you can't intervene
because this is within the president's prerogative
and you can't challenge his prerogative
as to whether we're under a predatory incursion
or we're under an attack or on war footing
or there's an emergency or he can't execute his powers
in California or it's a rebellion and you have to just
defer to the judgment of the president.
Well, I don't think that's how historically it's been done
and the case law certainly doesn't side with them on that
but the case law is being rewritten in front of us
by this administration.
That is the one part.
I said on an, I had an interview with Michael Cohen
on his show, Mea culpa, I think it's up tonight.
And he said, or later, he said, he said,
do you think this is irrevocable?
Or is it, can we fix it? He said, do you think this is irrevocable?
Or is it, can we fix it?
Can we repair and heal after the Trump era is over?
What's the it he was referring to, everything?
Yeah, I mean like our constitutional republic.
And I said to him, we can do a lot of healing.
A new president with their own set of executive orders,
the House and the Senate can certainly do a lot of repair.
But there's just things we can't fix,
which we've been talking about
for the last five years on Legal AF,
which is the new body of law,
mainly with Trump's last name in it,
that's been now developed by the United States Supreme Court
that will stand the test of time,
or at least the next 10 to 20 years. And on areas that I thought we'd never have to...
If you would have told me...
Well, during the campaign, I knew it was coming.
But if you would have told me five years ago
that we would be talking about new decisions,
about the Insurrection Act, the Alien Enemies Act,
the attempt to effectively impose martial law,
war power, war powers being exercised.
I'd be like, when is that? No. Why would that happen? Yeah. Because this was the strategy
right below our nose, right in front of us, that Donald Trump in his approach was going
to exercise. Everything's an emergency. Everything's a war, everything's a crisis, and then give me the book
about all the law and the crisis powers that I have.
And that's the problem.
We won't be able to fix the book
of precedent that's now been established.
Yeah, well, what terrifies me is I was reading in,
I think it was in the New York Times, that there's people that there's a,
I think it was a group of, it was a religious group.
I don't remember exactly who it was,
but their next area that they're gonna go after
is same-sex marriage because they-
Yeah, Southern Baptist Convention.
Yeah, exactly.
Because they were so, you know, they were so
successful with Dobbs and row that now they're going to go after same sex marriage. That's
that to me is beyond terrifying. And you know, there's a lot that already has happened. And
I know, I hear what you say to Michael Cohen,
but I don't think all the damage,
I don't think we're even close to the damage being done yet
to know what we're gonna be repairing from.
Well, and what I'm saying is we saw the Biden administration
do a hell of a good job at making all the repairs
from the first Trump administration.
No, damage isn't, we're only 150 days
into this administration.
I can't even, even my imaginative mind can't contemplate
the continued bulldozing of democracy.
But there's things that a new president can fix.
These things too shall pass.
But when you have law in the books
or worse Supreme Court precedent, it's almost irreversible.
And that's one of my fears
that this particular combination of Supreme Court justices
doing incalculable damage that we won't be able to come back from doesn't mean we shouldn't start returning
checks and ballots starting at the midterms with the House and the Senate being returned
to us.
Why don't we talk about, speaking of like the luck of the draw, we had a random wheel
that spun and came up, Trump, Trump, Trump in DC Court of Appeals of all draw, we had a random wheel that spun and came up Trump, Trump, Trump
in DC Court of Appeals of all places, which is mainly moderate and liberal. But
those three were out there. Now we knew those three were joined together as a
panel because we'd done some other reporting on it in another in another
case with Trump. We were like oh Katis, Walker, and Rao.
So you got Katzis, Naomi, Rao, and Walker.
We're like, oh crap, they're out there.
And appellate panels, once they're chosen,
here are more than one appeal.
Could be two, three, four, five,
depends on what's on their little docket.
But the one they got assigned to them, apparently,
is the JGG case,
which we've talked about at length
in the Chief Justice Boesber courtroom, in which JGG,
representing now a class of people who were taken in the middle
of the night away from federal jurisdiction on purpose
and thrown into a foreign prison in El Salvador.
There are lawyers represented by the ACLU after getting various positive rulings in their favor by the United States Supreme Court about people that are still here in America
and that the court is now ruled needs to be given due process and habeas corpus rights
and get before a federal judge and not be sent to El Salvador.
There's always been this open, you know,
the 800 pound gorilla is that there are 140 plus people
that fit into a certain class that are sitting
in El Salvador that never got habeas corpus rights.
So what do you do about them?
And do you leave them just, sorry, sorry, yes.
Do you reward the Trump administration for violating federal court
orders in which the plane should have been grounded and wheels down, not wheels up. So,
this is the same judge in the same case that had made a finding a couple of months ago,
a probable cause to find criminal contempt in violation of his orders.
That got stayed by another appellate court, another panel of the DC Court of Appeals is
still sort of sitting there.
This one has to do with once the ACLU doubled back to Boasberg, they said, hey, we got a
better idea.
Why don't you certify a class of all those people sitting in CICOT, the supermax in El
Salvador, and who have
not been given those rights, given the new precedent of the United States Supreme Court
about what's required and why don't you administer justice that way.
And Judge says, I like that idea.
So he certified the class last week.
He said, I'm going to issue an injunction in favor of the class.
I'm going to require a $1 bond to be posted
just to satisfy the Republicans who want a bond amount.
And I'll do that.
And by tomorrow,
because he issued it last week, last Friday,
I want a notice from the Trump administration
about how they propose to give due process rights
to those people sitting in El Salvador.
And now we have a new ruling by this Trump, Trump, Trump panel.
Karen, take it away.
Yeah, I mean, how do you think it went, right?
They basically, the judge basically, you know,
although Judge Boasberg had ordered the administration
to provide due process to these Venezuelans, you know,
these appeals court temporarily pause that order,
blocking it for now.
I mean, of course that's what they were gonna do, right?
I mean, it's just really, they're just languishing now
in El Salvador and they're not coming back
and they're gonna slow roll it, you know,
and slow roll it and slow roll it and slow roll it.
And these are, meanwhile, there are lives
just sitting there
in this horrible prison.
And it's just really sad, you know,
it's really, really sad to me
that this is the situation we're in.
And again, it could all be avoided
because all we're talking about here is due process.
We're not saying these are people
who need to stay here forever.
We're not saying that these are people who shouldn't be deported. It's that you have to give them due process. And the Supreme
Court even said that's what has to happen. And this is the middle finger that's being
given to the federal courts by the Trump administration, whether it's with Abrego Garcia or whether
it's these 100 plus individuals or others. it's just basically we're going to do what we want to do
and you can't make us do differently.
And the court, you know, Trump, he, the one thing Trump did
in his first administration, which is,
this is the only criticism I have of the Obama,
of Barack Obama when he left.
He left way too many federal judge positions open
that were unfilled. and that was inexcusable
because what Donald Trump did is he filled
every single one of those and then some,
and he got multiple Supreme Court appointments,
multiple Court of Appeals appointments,
and many, many, many district court judges.
And there are plenty of district court judges now
who are not taking senior status,
which means they can take fewer cases
and open up a spot so that Trump can fill more judgeships
because of the damage that his judges are doing.
And that's what's happening.
And the fact, as you said,
that he pulled three Trump judges is just astounding
because that's not even considered one of the conservative districts.
And all the judges are saying is you have to give due process.
I mean, even the Supreme Court said you have to give due process.
Just do it the right way and then you can execute your agenda.
But his agenda isn't just to deport people.
His agenda is to control and show that he can have power
over the courts, that he can have power over the judges,
that he can do what he wants in his administration.
Whether it's Gavin Newsom in California,
whether it's judges all across this country,
it doesn't matter.
Part of his agenda is, and the authoritarian agenda,
is to assert this power.
And when judges allow him to do it, whether it's explicit
or whether it's by slow rolling things or pressing pause,
allowing things to happen, not stopping things,
whatever it is, it's giving him this unitary executive
authoritarian power that he wants and is trying to assert.
And there are times when he's more successful than others.
And this is, I think, one of those examples.
And we'll get the briefing schedule
and then they'll just sit on it.
I mean, they're all, oh, well, it's only a temporary stay.
Let's have all briefs in by June the 18th.
And then there's nothing after that.
So like, all right, you'll get all the briefs by June the 18th. And then there's like nothing after that. So like, all right, you'll get all the briefs
by June the 18th.
We are not going to see a ruling by that panel
until late summer, early fall.
If that, I'd be shocked if it were earlier than that.
They'll do an oral argument that we'll hear.
And other than Katz's just once ruling
against the Trump administration,
it's gonna be a bad ruling that's inconsistent,
I believe, with the law without seeing it,
because I've watched them in the past.
They almost invariably side with Trump
on this particular issue.
And it's gonna be up to the United States Supreme Court
because the loser, the American Civil Liberties Union,
is gonna take their appeal.
And they were successful six to three, twice,
and related to JGG, or at least once, in this very case.
So we're gonna get the gang back together again
at the Supreme Court, and we will follow it closely.
I wanna end, after our commercial break,
talking about what does the return of Abrego Garcia mean,
if anything, in the Maryland Federal Court
and with the judge on the precipice of the sanctions
in the form of contempt.
Trump administration has asked for a stay
and asked to have the whole case dismissed
because they brought him back.
The other side, of course, is saying,
are you kidding me, my paraphrase,
you were in contempt for at least 90 days,
doesn't solve the problem, and you need to be sanctioned.
What will Judge Zinnis do next?
We'll talk about all of that when we come back,
but let's get to the last break in our show.
Legal AF, the YouTube channel, Legal AF MTN
needs a little love, needs some more help
continuing to build and grow
by word of mouth, organically.
Come on over there, hit the subscribe button,
hit the reminder button, you'll get all the things.
Like we just did a live feed from the Second Circuit today
about the oral argument related to Donald Trump's
criminal conviction up at the Second Circuit.
And so we're trying to be that clearing house
or one stop shop for all things
at the intersection of law and politics.
Hit that subscribe button.
We need more audio.
It's like eat more chicken, it's like Chick-fil-A.
We need more audio downloads for Legal AF, the podcast.
We're already the number one law and politics podcast
in the YouTube weekly rankings, but we also live in audio. Some people didn't know that.
Some people don't know that we do video,
but in the audio world, we could hit a few more downloads.
And so that's important, kind of going back and forth
between the two formats, leaving comments,
leaving reviews, five-star reviews, right?
The old Uber driver aspect of it is still prevalent. So we got that happening. We got the sub stack for Legal AF, where you can read all these things,
get your hot little hands out of the way we do.
And we post them there along with analysis.
This is a great original writing on the Legal AF sub stack.
And that's where we're at.
And then we've got our pro-democracy sponsors
who love our show, love our audience,
and we think you'll enjoy as well.
And here they are.
So I went to the office,
and I was like, I'm gonna go to the office, and I'm gonna go to the office, and I'm gonna go to the office, and I'm gonna go to the office, and I'm gonna go to the office, That's where we're at. And then we've got our pro-democracy sponsors who love our show, love our audience,
and we think you'll enjoy as well.
And here they are.
So I went to my 40th high school reunion recently.
And while many of my classmates were excited
about retiring or have retired,
well, I brought my infant daughter to the reunion
and I won the youngest child contest hands down.
But that means that when most people's working is
winding down to match their body's energy levels, I need to ramp up to keep up
with my baby daughter. I believe one of the best aging breakthroughs of the last
decade is Qalius Centilitic, and here's why. Qalius Centilitic is at the frontier
of what is currently possible in the science of human aging. Centilitics are a
science field revolutionizing human aging.
A big culprit behind that middle-aged feeling
can be senescent cells, aka zombie cells
that linger in your body after their useful function,
wasting your energy and resources.
Let me break it down.
The accumulation of zombie cells can lead to less energy,
slower workout recovery, joint
discomfort, and basically, well, feeling old.
Qualiacetalytic is a groundbreaking clinically tested supplement with nine vegan plant-derived
compounds that help your body naturally eliminate senescent cells, helping you feel years younger
in just months.
Here's how it works.
You take it just two days a month,
helping your body naturally eliminate zombie cells
to age better at the cellular level.
And Qualia's breakthrough formulation is vegan,
non-GMO and tested by leading scientists.
Since taking Qualia's Centilitic,
I felt like I've turned back the clock.
I got higher energy, less soreness after exercise,
and a big boost in productivity.
It's made me feel more youthful and energized
as I have the energy level to nurture my baby daughter
the right way, experience the science of feeling younger.
Go to qualulife.com slash legal AF
for up to 50% off your purchase
and use code legal AF for an additional 15%.
That's qualialife.com slash LegalAF
for an extra 15% off your purchase.
Your older self will thank you
and thanks to Qualia for sponsoring this episode.
You know, sometimes the news is so wild these days
it makes me just want to crawl under a blanket with my cat.
Honestly, there are so many similarities
between Chanel and the news cycle.
Unpredictable, a little chaotic, but somehow comforting.
Now, while I can't fix all the craziness in the world,
there's one thing I can absolutely control
what I feed Chanel,
and that's thanks to our sponsor, Smalls.
This podcast is sponsored by Smalls.
If you listen to this show,
you already know my cat cannot live without Smalls.
To get 60% off your first order plus free shipping, head to Smalls.com and use our promo
code LegalAF, but only for a limited time. Smalls cat food is packed with protein and
made from preservative free ingredients you'd actually find in your fridge. Plus it's delivered
right to your door. No wonder Cats.com named smalls their best overall cat food. Last night I
fed Chanel her favorite flavor, the tuna feast, and she was all in. She actually prefers
smalls way more than her old food. I did a taste test with two balls side by side and
no joke, she immediately went for smalls. Since switching, she's had fewer hair balls,
more energy, a shinier coat, and the litter box smells way better. Still skeptical, Forbes ranked Smalls the best
overall cat food, and Buzzfeed said,
my cats weight completely ballistic for this stuff.
What are you waiting for?
Give your cat the food they deserve
for a limited time only because you're a Legal AF listener.
You can get 60% off your first Smalls order
plus free shipping by using my code LegalAF.
That's 60% off when you head to Smalls free shipping by using my code LegalAF.
That's 60% off when you head to Smalls.com
and use promo code LegalAF.
Again, promo code LegalAF for 60% off your first order
plus free shipping at Smalls.com.
Welcome back to LegalAF Midweek.
We were talking during the commercial break
about some funny things that are popping up
on the dockets these days.
The way electronic dockets work for courts,
there's things that we can all see,
because it's a public justice system.
We're supposed to be able to see federal filings
and criminal court filings.
There's certain things that are protected.
Grand jury proceedings for the duration usually are protected,
witness statements, that type of thing.
Some are redacted and sealed because of privileges
and state secrets and all sorts of things.
And other things, it's a scale.
So over time, the need to continue to protect them
from the eyes of the public is less,
and the judges will start stripping off the black tape
at the redaction.
And we'll get transcripts of things that get filed
with the court so that we
and the public know what the heck just happened.
And there was just a filing in the Abrego Garcia case.
We had heard it at the time in which a lawyer
for the Department of Justice looked a judge in the eye,
Judge Zinnis, who we're going to talk about next and said,
yeah, yeah, Donald Trump may be a master,
the president may be a master of communication,
but sometimes he's not precise in his language.
Basically admitting that Donald Trump doesn't get his facts
straight, which of course we all know.
What works outside the courtroom to pressurize our justice system
doesn't work on the hollow grounds
of the court system generally, usually.
So I just thought that was sort of funny.
Why don't you pick up with updating the audience
on the Abrego Garcia, the return, that indictment,
and what, and what's happening with Judge Zinnis, who has to make a decision about contempt proceedings.
Yeah, so there's essentially, there's two cases, right? There's a civil case, which is in front
of Judge Zinnis that was going to essentially hold the Department of Justice in contempt, it was starting to look like, based on them
basically taking Elbrego Garcia to El Salvador
and admitting that it was a mistake,
that he wasn't supposed to be taken.
And, you know, they were saying, oh, we can't take him back.
We can't get him back.
Or, you know, they were not really trying very hard,
but they were supposed to facilitate his return,
but claimed that they couldn't do it.
But then they'd refused to say what they did
to get him back.
It was really clearly thumbing their nose
in the face of Judge Zinnis,
who reads the paper and social media
and can see exactly what they're saying publicly,
which was different than what was saying in court.
And I think we all thought Judge Zinnis was getting very close
to holding them in contempt,
and they didn't even try to bring him back, right?
So what do they do?
I think to save face, they build a criminal case against him
so that if they do bring him back,
they can slap him with actual criminal charges
rather than bring him back and have him lawfully stay here,
which an immigration judge specifically said he could.
They specifically said that he was not illegal
when he was here.
And so they basically created this criminal case
and indicted him in federal court in Tennessee,
and they're accusing him of being a human smuggler
and a human trafficker, essentially.
We'll see if this case actually will ultimately stand,
if there is any merits to it,
if he is a human trafficker slash smuggler of bodies.
The allegations are that apparently he, years ago,
he was stopped in a traffic stop.
And they say in the indictment that he was conspiring
to transport illegal aliens.
They say it was a nine-year conspiracy.
P.S. the chief of the criminal division in Tennessee
resigned in protest because of this.
So that always makes me suspicious of a prosecution
if you've got someone, a prosecutor,
literally giving up their job
because they are protesting against something,
something fishy is going on there.
And Ryan Goodman, who is a professor and a legal commentator, and he works for Just Security,
he looked at the actual report when there was a traffic stop,
because essentially what they put in the indictment
is that they rely
on this traffic stop from a few years ago in Tennessee, and they call it out,
and they say that he lied because they say that he said he was in St. Louis
on his way to Maryland, and they say that's the lie covering it up because they can tell
from license plate readers that that particular car was actually in Texas.
But Ryan Goodman looked at the actual police report that was filed, and in it, the officers say that, quote,
that Abrego Garcia said, quote,
we are coming from Texas.
That's in the contemporaneous report.
Okay, so, I don't know, it seems a little fishy to me.
It seems like, uh, like the charges aren't necessarily
that strong or going to stand.
Either way, it seems like they were created just
so that they can save face and bring him back and say,
see, he was a criminal anyway,
and we were deporting criminals.
Either way, and it was very predictable that,
oh, and by the way, let's just say one more thing
that really offended me,
and then we'll talk about Judge Zinnis in this little case.
What really offended me was Todd Blanch,
who's the number two at the Department of Justice.
He was, if you remember, he was the lawyer
who represented Donald Trump in the case
at the Manhattan DA's office, where Donald Trump
was convicted of 34 felonies.
He was the lead lawyer in that case.
Well, now he's the number two at the Department of Justice.
And he actually tweeted the arrest warrant, okay,
for this Tennessee traffic stop smuggling case.
He tweeted the arrest warrant and said, welcome home.
That to me is just really, really undignified
of a high ranking person at the Department of Justice,
frankly, any government official, but somebody at the Department of Justice
that they would mock somebody like that and and an issue,
something like like that via tweet.
I don't know. It just, again, is one more example of what I was saying earlier
about how I just don't recognize this Department of Justice.
But either way, we talked about when we heard about this,
Popak, we said, oh, I know what the, what Trump's going
to say, what the government's going to say.
They're going to say, oh, to Judge Zinnis, we don't need you
to rule on this anymore.
We're bringing him back.
It's not a live issue anymore.
It's moot.
You know, the case is mooted, and you don't need to rule
on this contempt proceeding. I think Judge Zinnis is going to not only continue
that they're proceeding and the fact finding
and potentially hold someone in contempt for essentially lying,
but I think the fact that they are able
to actually bring Abrego Garcia back, the fact that the president of El Salvador
is responding to a request from Trump to bring back Abrego Garcia.
I think that's going to be used going forward
with Boesberg and other judges who are looking at this,
about the people who are being squirreled away at CICOT in El Salvador.
There's no doubt in my mind that the very act
of bringing back a Braga Garcia proves the point
of the contempt they always had.
They had the power all along.
It's like a Godfather movie. It was Barzini all along.
They had always had the ability to bring him back,
and they chose instead to taunt Judge Zinnis,
taunt senators, taunt United States Supreme Court,
both in social media posts and in court filings.
And to tell the judge to pound sand,
play cat and mouse with the court.
She used that term,
but she felt like they were playing cat and mouse with her
and pulling the yarn away from her at the last minute.
And she is on the cusp of finding them in contempt.
And just because they brought him back
under a alleged criminal case that wasn't even started
until March after they were already in contempt,
I mean, the Supreme Court ordered them
to facilitate the return or the release
from the El Salvador in prison starting on April the 10th.
The fact that on May the 21st, you indict
for calling him a human smuggler
in order to give you a cover to then ask for,
so suddenly now Bukele in El Salvador is going to respect it.
They didn't do an extradition proceeding.
They didn't do a formal extradition proceeding.
They just said, well, Pan-Bondi said, yeah, we told them,
we showed them the indictment, and they released them.
Yeah. That, whether it was an email, phone call,
diplomatic immunity. Nobody believes that Donald Trump was powerless to get Bukele,
if he wanted to, to release Abrego Garcia.
And his return now, what the Trump people file is,
it's all better now, Judge.
We brought him back.
He's in Tennessee, he's in federal
detention, but he's back. So your whole case that you were presiding over is moot. We're
done here, right? No. No. There's the 90 days that he wasn't here. It's the fact that he's
still not in front of her, that the due process rights have yet to be given to him as it relates
to his having left the country.
Their argument is, no, we're beyond that.
We're in a post-deportation removal world now.
Now we're going to get a conviction and then we're going to remove him based on the fact
that he's a criminal convicted in America.
First time he'll ever be convicted if that were to happen.
I think they have a good argument to get that case kicked on a motion to dismiss. There's some very good judges there. But
the filings that I read coming on the air, this competing filings by the Trump administration,
which is telling Judge Sinis, nothing to see here, dismiss injunction. Contempt is overstay the case.
And the Ibrego Garcia lawyer is saying, are you kidding me?
They've told you and they've flaunted their power.
They've taunted you and they violated your order
so many different ways we can't even catalog it all here.
You should allow the motion for sanctions to be filed.
No more delays and contempt to be found.
And what is she supposed to do?
She's got an order of the United States Supreme Court 90, not only telling her that she's
right about due process, but telling her that she alone has the power to administer justice
and make sure that habeas corpus rights and due process rights have been given to Abrego
Garcia.
And the fact that the other side says, well, we brought him back
and we're not going to send him back now
under the Alienated Abuse Act, you know,
that doesn't solve the problem at all.
And she's going to have to make sure that her law,
her orders are abided by, the Supreme Court's orders are abided
by, and this ruse is rejected.
So I think any day now, Karen, we're going to get an order
from Judge
Zinnis that says, this doesn't change anything. And we are going forward with the contempt proceedings and the briefing schedule that I've already set.
What do you think, Karen? I think it's possible. I think you're right.
I think it's possible that that does go forward. You know, I was sitting here thinking to myself,
will a Briego Garcia have a cause of action
against the United States government
for making this mistake?
And part of what is developed in this civil proceeding
would be used as discovery in any civil proceeding.
And it's just interesting
because obviously there's immunity issues too, right?
And prosecute, you know, there's immunity issues in play that will also occur for the
people that the Department of Justice individuals that they would sue.
But a lot of discovery that could be developed here and And, uh, and the... It's just interesting.
Because I think he, if he has a contempt cause of action,
he might have a civil cause of action
against the United States government too, potentially.
Yeah, I love that analysis. That's really smart.
So we've reached the end of our midweek edition of Legal AF.
We covered a lot. We started with the California case
and new developments there.
We talked about two different appellate courts giving temporary, at least on paper, We covered a lot. We started with the California case and new developments there.
We talked about two different appellate courts giving temporary,
at least on paper, wins to the Trump administration,
one involving his tariffs and the other involving the other people
not named Abrego Garcia and some rulings by Judge Boasberg.
And then we talked about whether the return
of Abrego Garcia means anything in the world of contempt
against the Trump administration.
And that's a pretty, we call that, let's put a lid on it.
We call that a week, a half a week, right, Karen?
That's not even half the things that happened, Opak.
We curate them.
Yeah, we curate, exactly.
We curate the topics, but there's so much more that happens
I mean this administration is really just running roughshod over everybody and everything
It's like a firehose and I think that's part of the part of the strategy. Don't you?
Yeah, and where should people go when they want to learn more in between the podcasts?
Legal AF, the YouTube channel where we're doing hourly updates and reports on things.
I mean, you and I pull it together the way we do it here,
but Legal AF, the YouTube channel, on fire,
as the brothers like to say, rocket ship.
But we need your help.
We need your help there.
We need your help on Legal AF, the podcast,
on more audio downloads to continue to make us drive there.
We got some amazing pro-democracy sponsors.
California person by birth, but made in New York.
Yeah, exactly.
Tell us, you got the last word.
Exactly, exactly.
Leave California alone.
They'll be fine.
California, LA is great.
It's a great place.
They'll be fine.
They don't need the military there.
It's just, this is a made up problem.
It's a fake problem. And I really just think this is
really terrible. And this is an existential this is existential for our democracy. And you know there's there's laws that
basically limit what the federal government can do. And there's federalism states actually have more powers in some ways
can do and there's federalism. States actually have more powers in some ways
than the federal government.
Leave them alone, let them do their thing.
And the big mantra of MAGA was always leave it up
to the states, leave it up to the states.
Let some states do this and let other states do that.
Well, so leave California alone,
this is how they wanna be.
And that's my last word because they're really creating
this problem and then then, you know,
this is all them. This is not anybody else. Perfect. Join Saturday with Ben, my cellist and me
on the next edition of Legal AF, Legal AF, the YouTube channel, Legal AF, the sub stack,
all different ways to consume your law and politics commentary. And until our next episode,
this is Karen Freeman,
Igniflo Michael Popox,
shout out to the Midas Mighty and the Legal A efforts.