Legal AF by MeidasTouch - Legal AF Full Episode - 7/12/2025
Episode Date: July 13, 2025Ben Meiselas and Michael Popok are back on the top-ranked Legal AF Podcast and take on: 1) The self immolation of MAGA and the Trump Administration over the Epstein "cover up" as major right wing infl...uencers attack a clueless Trump about it and threaten his electoral chances at the midterm; 2) the revelation that the Trump DOJ, DHS and State Department have all been lying to federal judges about their control of the El Salvadoran prison used to house 200+ deportees and its impact on several pending cases; 3) a federal judge blocking the Trump Administration from violating the 4th and 5th Amendment rights of people who "look" or "sound" like illegal migrants; 4) an overview of the liability case against the Trump Administration, Texas, local officials and camp ownership for the Texas Flood Disaster, and so much more at the intersection of law and the defense of our democracy. Support Our Sponsors: Oracle: See if your company qualifies at https://Oracle.com/LEGALAF Delete Me: Get 20% off your DeleteMe plan when you go to join https://deleteme.com/LEGALAF and use promo code LEGALAF at checkout. Mud/Wtr: Start your new morning ritual & get up to 43% OFF your @MUDWTR by going to https://mudwtr.com/LEGALAF #mudwtrpod Miracle Made: Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. 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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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Welcome to legal AF. I'm Ben Mycelus joined by Michael Popok. We've got a lot to cover.
The DOJ and FBI is imploding. I guess the question is who is going to quit or get fired
first? Is it going to be Attorney General Pam Bondi who all the right wing MAGAs want
to see gone? Or is it going to be FBI Director Cash Patel and Dan Bongino who are threatening to quit if Pam Bondi is not
fired or she does not quit.
She seems to be digging in her heels and her number two, the deputy attorney general Todd
Blanch, Donald Trump's former criminal defense lawyer in the case where Trump was convicted
on 34 felony counts.
He says Cash Patel and Bongino were intimately involved
in drafting the Epstein files with us,
which is why people want Bondi.
Was that supposed to help them?
Exactly, pushing them out even more right there.
We're gonna cover all of this,
and this all relates to a topic that we've covered a lot
on the Midas Touch Network and on Legal AF,
which is the release of the Epstein files. And a lot on the Midas Touch Network and on Legal AF,
which is the release of the Epstein files.
And a lot of quote unquote liberal media, left-wing media,
corporate news in general did not cover the story.
They did not understand why it was a big deal.
I mean, one at a human level, it's a big deal, right?
Because if Epstein was protecting
a massive sex trafficking ring of billionaires, or he was also working
with foreign intelligence to blackmail these billionaires
and elites, that's an important data point.
We should know that.
And there seemed to have been a massive coverup
and suspicion regarding his death.
He apparently died by suicide,
but there was suspicion there.
And then the Epstein list,
but this became one of the big MAGA issues and they weaponized it to basically say any of their enemies is
on the list is on the list when they really weren't and the people who would be on the list is
Donald Trump who was literally Epstein's best friend Epstein used Mar-a-Lago as a grounds quite literally to recruit
Mar-a-Lago as a grounds, quite literally, to recruit girls that he would sex traffic, like Virginia Jouffre, a homeless girl at 17 years old who would work at
Mar-a-Lago. Then, Ghislaine Maxwell, who sex traffic for Epstein, would go to
Mar-a-Lago, find Jouffre working there and say, hey, you want to come back and
meet this really rich guy? And then, that's how she got sex traffic. She's told
that story publicly.
It's an undisputed fact what I just said and of course Donald Trump appears in Epstein's black book that's been released.
He's all over the the flight logs and the deposition transcripts.
He said Epstein's a great guy at Elaine Maxwell sex traffic in case a woman who was 14 years old at the time of
a woman who was 14 years old at the time of this incident.
Jane Doe said that she was introduced to Trump as a 14 year old girl at Mar-a-Lago.
I'm Donald Trump in 2024 during the campaign.
Rap used to use the Epstein jet in 20 of all of the jets, Gulf streams and bombardiers and planes you can get.
He uses the Epstein jet pop-up.
So all of that, oh, Trump is Doe 174
in the civil cases.
That's how he's identified.
So we, there's videos of him partying with Epstein.
So one of the strange things about this new era,
like they're never gonna release the files
because he's gonna be the main guy on him
because he is the main guy on the,
if there's 100% that's been released, I mean,
a hundred percent of files, about 10% has been released thus far.
About 90% is still out there and missing.
And you and I would know exactly where you would go under sealed depot
transcripts and video surveillance footage. And there's so many,
the civil cases, I would know exactly where to look to get those files.
But from the 10% released, if I were to go through chat GPT,
what was the name that appears the most? It's Donald Trump.
So they do the cover up this week, Pope, where Todd Blanch,
Donald Trump's criminal defense lawyer, who became the number two at the DOJ,
writes that memo that says there's no such thing as an Epstein list.
There's no files.
We're shutting down the case.
And then Trump was asked about it.
And then Trump goes, Epstein, you still talk about that guy?
We're not talking about that guy anymore.
We're moving on.
So that's the background.
And then Bongino and Patel who are now running the FBI,
they were right wing podcasters.
They were the main people talking about Epstein.
So they're blaming Bondi for covering it up
and destroying their careers as right wing MAGA grifters.
They want her out.
MAGA doesn't know what to do
because Trump didn't give them an out.
Like normally you can follow the rabbit hole
even deeper down their crazy conspiracies,
but he's like Epstein, we're done talking about, we're done. So they all look stupid after pretending that
Trump wasn't on the list. So that's where we're at, Popak, with the DOJ. I've got other
clips, but this is a, this is a big deal. We'll start with that.
I'm not laughing at anything that you say. I'm laughing with you, obviously not at you.
I agree with everything you said. I said on a hot take recently,
if you had on your, the emolation
of the Trump administration and MAGA eating its young
because of the Epstein scandal and coverup
on your bingo card, you won.
I used to think that the Epstein thing,
while important because of the pedophilia
and the predator and the likelihood
of Donald Trump's involvement,
was always used by the Trump administration
as a diversionary tactic,
especially at the beginning of the administration
with all those phony binders.
They went to Kinko's FedEx copy
and gave out to all the right-wing MAGA.
What Donald Trump apparently never realized
is that he would be tripped up by the transitive
property. He didn't study in school. QAnon had Pizzagate. QAnon had Pizzagate, thinking that
Democrats were using pizza restaurants as fronts for pedophilia and cannibalism. Not making that up.
making that up. And that is to QAnon what Jeffrey Epstein is to MAGA MAGA. And I, listen, I'm not in that world other than how I cover it with you. And so I wasn't in the rabbit
hole. I wasn't in the dark web. I wasn't looking all the right, right, right, right wing. And
but now there is this coalesce group, which we'll touch on when we dive, dive, dive. Tucker Carlson, Elon Musk, Steve Bannon.
Steve Bannon basically just threw Donald Trump under the bus and said, he is covering, Donald
Trump is covering up the Epstein, both the murder, because they call it the murder, and
the client list.
Of course, Pamela Jo Bondi Blondi, not my words,
Laura Loomer calls her Blondie.
When I saw Laura Loomer feeding Pam Bondi
into the wood chipper by calling her Blondie,
I said, oh, her days are numbered.
Not in any other rational world or administration,
but with Donald Trump and the relationship he has,
the perverse relationship with Laura Loomer, she's toast.
She's campaigning and beating the MAGA drum Trump and the relationship he has, the perverse relationship with Laura Loomer, she's toast.
She's campaigning and beating the maggot drum to get rid of Bongino, to get rid of Patel,
to get rid of Pam Bondi.
And there's already, I don't think she's done one of her Loomer scoops yet, but there's
already talk of the person that they originally were going to put in the position of attorney
general, which is term limited out Ron DeSantis,
which actually I think is not a bad,
that's actually great for the Democrats
if that were to happen for many, many reasons.
Because then we could stick him
with all of the perverse legal positions in court
as we pin the tail on the donkey for the midterms and beyond.
And he wants to run in 2028.
So I love that he would be front and center.
Pam Bondi is never gonna be running for run in 2028. So I love that he would be front and center. Pam Bondi is never going to be running for anything in 2028.
But DeSantis is and he'll be tarred by the positions he'll be forced to take under Donald Trump.
But when I saw Steve Bannon said, we're going to lose 10% of MAGA, the MAGA base.
You don't understand another, you'll post it later, other right-wingers who say, you don't understand how the Jeffrey Upstein scandal
and coverup is so important to MAGA.
You've missed it.
And then they go off.
They have their whole, you know, it's all on an index card.
They've got all their bullet points and talking points.
The videotape was doctored about the front door
to the penitentiary, you know, the room he was in.
And Pam Bondi said she had the client list.
This is, we actually, I think Asin ran it
or Midas ran it.
Pam Bondi said, I've got the list on my desk.
And then they announced in the report two days ago,
they don't have the list.
There's no client list,
which is completely inconsistent
with whatever was on Pam Bondi's desk.
So we saw a firefight between Patel and Bondi before,
but now it's just burst out into the open.
And the only solution for it is for Donald Trump
to fire everybody.
And Bannon, Ben, is calling for a special prosecutor,
a special counsel to be appointed by Donald Trump
and wasting all our taxpayer dollars
to get to the bottom of the Epstein affair
to feed the MAGA beast who believes now
that Donald Trump, who was their savior,
is now involved with the cover-up.
Now, Bannon said that this could cause the GOP
to lose 40 house seats over the Epstein files.
We heard from Alan Dershowitz,
who was both Epstein's lawyer and Trump's lawyer.
And Dershowitz said that he got massages,
but he was wearing his underwear the whole time
is what he said.
That's what he said about whatever.
That was like 10 years ago when he said that
or seven years ago.
But he said that he's aware of the list,
he's aware of the files, he knows why it's covering up,
why it's being covered up,
but he claims his duty of confidentiality
is such that he can't explain what's happening right there.
You had Bill O'Reilly, one of Donald Trump's close friends
who entered into what, a $23 million
sexual harassment lawsuit on his way out of Fox
like more than
a decade ago.
He said that Trump said to him that he couldn't release the files because even if people's
names were on the list who didn't do things that they would be associated with it, which
again is false because we know that the black book has been released and other things have
been released and there have been people's names who are on it, who are just on it because they're
human beings who happen to be on it.
And then there are people who were Epstein's best friend, like Donald Trump was.
And Michael talks a lot about things he has in a somewhere, right?
Yeah.
So now we have this is and ultimately, Pope Bach hears the thing about Bondi.
Bondi didn't do this on her own.
Bondi, Trump obviously told Bondi,
shut this thing down, what are you doing?
Like, it didn't come from, she didn't exercise,
nor has she ever exercised independent thought.
This order's coming from, this order's coming from Trump.
So it's one point itself.
You know, it's Trump saying, I know know the guy I'm gonna be all over the list
It doesn't take a rocket science to realize that that's the case and that's just the funny part where in MAGA world
And this is as the cult mindset has to latch on down the rabbit hole
They can't go further down the rabbit hole regarding the list itself.
Like they, so they have to say, Oh,
Oh, bond is the bad person in this, in our cosplay fascist narrative.
She's the bad girl, the bad guy.
And that's why we don't have the list.
So you got to know.
Trump's involved.
Bannon called out Trump and said, Trump is covering up, but you're exactly right about,
there's a limit to their conspiracy theory,
otherwise they throw the fearless leader under the bus
as being right on the list.
So his henchmen are the ones that are gonna have
to ultimately pay the price in all of this.
I don't think Donald Trump actually thinks
Pam Bondi's doing a great job.
It was reporting he doesn't think
Pete Hegseth's doing a great job.
So pardon me, whether this is the thing, but I want to ask you a question.
Did you think in your wildest imagination that the immolation of MAGA and the potential
to tear down the Trump administration would be over Epstein and the purported cover-up
of his murder and that he was an Israeli intelligence
officer because they got to throw the sort of anti-Semitic, you know, they don't like Trump on
Israel either. So they throw in this other rabbit hole dog tail and wrap it all together. Did you
ever think that this though, this early in the administration would be the would be one of the greatest threats to the MAGA base supporting Donald Trump?
I'm not trying to like gloat and be like, but but the true answer is I did. And that's why I've been covering the Epstein stuff. At least every other day I run a story on Epstein on the Midas Touch Network and our viewers can vouch for the fact that I've always covered it. I've covered the different permutations and I've been waiting for this
moment where the where the we're going down the rabbit hole actually ends. By the way,
though, as it relates to the foreign intelligence service, there were people in Trump's regime
are the ones who had always said that. And they said that there was links with him in
foreign intelligence. They didn't specifically say if it was the Masada or who else.
I think the thought was, you know, I mean, how many foreign intelligence services would
have seen, you know, be it be associated with and what was going on.
But yeah, no, I, the bottom line is that all of this stuff is originating from Trump's
orbit.
This was their review and it was bond, you know, and Patel's, you know, who were saying,
let me show you this.
Before you move on one thing, before you move on,
you'll probably get to it,
but now they're going after Cash Patel's girlfriend.
They're going after other right wing commentators,
including women, so the misogyny is coming out
all over again, that's too.
And I think we'd be remiss if we didn't also mention,
because we did mention her name,
and if we're gonna say her name, we gotta say what happened.
Virginia Giuffre committed suicide about a month ago,
who was one of the main victims of Jeffrey Epstein
and also pointed the finger at lots of other people, including Prince Andrew.
Yeah. And and she was 17 years old, homeless at Mar-a-Lago.
Ghislaine found her there, brought her to Epstein.
And that was that's what they did. I mean, that's that's how Mar-a-Lago was used back then. Like it's an undisputed
fact like in the MAGA cosplay version, they don't explain stuff. They don't talk about
that anyway.
Epstein lived like two blocks from Mar-a-Lago. I used to live in West Palm and Palm Beach.
He was literally walking distance to Mar-a-Lago.
So here's Laura Ingraham at this right wing Turning Points
USA conference on Friday.
You don't really get more MAGA than this.
And she says, are you all satisfied
with the results of the Epstein investigation?
And watch how uncomfortable she gets.
Here, play this clip.
How many of you are satisfied you can clap?
Satisfied with the results of the Epstein investigation.
Clap.
Okay, I told you to clap.
You guys aren't listening.
I'm not going to grade you on a curve.
So I was going to get to that.
How many of you are not satisfied with the results of the investigation. By the way, she wasn't going to get what you expect them to do. Clap and then everybody
boot. It was just, you know, the way she manipulates audiences is interesting, but they weren't
falling for it right there. And then you had Megyn Kelly with Charlie Kirk. And here's
what she had to say, your playlist clip.
No, we all have busy lives
and President Trump has a busy life.
And I don't think he realizes how much
he's humiliated the administration.
This is a self-inflicted wound.
She caused it.
Again, I have nothing against Pam Bondi,
but if you wanna look for the villain in this story,
we have found her.
I mean, she is the person who's either,
she's either lying now or she was lying then.
There's no two ways about it.
So here's Charlie Kirk with Steve Bannon and Jack Posabiec, who's also one of these right-wing,
he was one of the people who was holding the phase one Epstein list binder at the White
House back in February.
And then Bonnie said, that's just phase one.
She goes, the list is on my desk. I have it. She goes the list is on my desk
I have it. We're released. It's on my desk
So here the three of them are together and Charlie Kirk says how many of you think this Epstein thing is a big deal?
The entire audience raises their hands here. Let's watch. So what's it gonna be Charlie? Can we pan to the audience?
I'm curious. How many of you raise your hand? Think this is a big deal the Epstein thing
Would you raise your hand? So I mean every hand every every hand has gone up and
Then finally I could show you hundreds of these but then Bannon's asking the audience there
Do you believe that the DOJ and FBI right now have any credibility?
Involving Epstein anymore here play this this clip. Agree with a special prosecutor,
has to be an independent special prosecutor,
has to take over.
Do you believe that DOJ and FBI right now,
with the guys who are all close to,
Pam Bondi, Dan Bongino, Cash Patel,
do you think they have any credibility left to pursue this?
No, and I'll tell you exactly why, Steve,
because in 2016, we trusted the plan with Trump
But now Trump has become the deep state the exact thing he we voted him in
Why you say he's become the deep state what is more deep state than covering up for pedophiles? Why would you go to that island?
Why tell me why would you go to that island? Why would you go on the plane?
So there you have it, Bopak.
Well, I was just gonna say they picked up, forget about the pitchforks,
they picked up pitchforks and torches and they're going after the monster and the monster is now Donald Trump
who's so clueless that in that, I don't know if we're gonna show the clip,
but in that cabinet meeting he held three days ago, where he just rambled on about
everything from the Texas flood disaster to redecorating the cabinet room with gold leaf.
In the middle, he got asked a question about Epstein. And he said, where you did the great
mimic imitation of at the beginning, because they were really asking the question of Pam
Bondi, who was next to him in that meeting. She went off and tried to answer the questions not well. He said, why are you trying to protect that. I'm going to do it. I'm going to do it. I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it.
I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. politically has a tremendous tin ear about his MAGA base that supports him.
I'm actually, I know you followed it more than I did,
but I'm actually shocked by the unanimity of MAGA
and the conservative movement to without reflex
to take up arms against Donald Trump.
He didn't give them any out.
He usually gives them an out.
Oh, Biden did this or this person did that
or the SDNY's hiding.
He just went, Epstein, why are we talking about it?
Because he was guilty and he's always gay
and he wasn't able to keep it going there.
And that's what happens with Ponzi schemes.
You go to like a Bernie Madoff or an Enron or whatever.
Eventually it ends.
And the Trump Ponzi schemes end as well.
I mean, historically, it's why so many of his businesses
went bankrupt.
He could drag all of the creditors along,
along, along, along.
And then finally, he always has a moment in his career
when he's just like Epstein, he like the bit why would I pay you you know and then boom
it all blows up and it all falls apart do you think he appoints a special
product what Stephen what Stephen Miller telling him to do it doesn't make a
difference because Trump is not gonna do a Trump is done talking about Epstein
but the people are this story is gonna get worse and worse for him in his mind he's done the cover-up
he's not talking about it he's now gonna in his own mind he's gonna do what he
did this morning Rosie O'Donnell revoke our citizenship and we're all supposed
to go oh my god Donald Rosie O'Donnell but it just directs our attention back
oh got it you're covering up for the Epstein list.
I see what you're doing right there.
Or all of these things that he's doing.
Everything's a coverup.
I mean, this past week,
I'm trying to think of all the coverups
that I've written on.
I mean, just even think about this.
Donald Trump said in a press conference
that all 14 ballistic missiles that were shot by Iran
into the Al Udeid Air Force Base in Qatar were shot down. Not the case. One of the ballistic missiles
actually hit a pretty significant asset of the United States is in that base, a geodesic radar
dome that we use for confidential communications.
They covered that up and we learn about that.
Of course, they covered up the fact that these strikes in Iran
were not as successful as they originally claim.
Now, Israeli intelligence says that Iran's able to get weapons grade material
pretty much right away.
I know. Right.
And then all of the coverups in Texas.
I mean, what what's happened in Kerr County
and how Donald Trump goes there and says,
we've done an excellent job.
You can't, he goes, you're an evil person
or you are a loser if you question what the county,
the state and the federal government
could have been doing better in that, which is-
But wait, wait, wait.
As we have new reporting that FEMA defunded and underfunded by Donald
Trump, so it's his FEMA, did not respond, was not responsive to people in need and distress
in that county because... And who's that to... That's not Biden. That's the shrinking of the
federal government so small it could be drowned in a bathtub,
which is Donald Trump's goal.
And so it's his FEMA and that's his problem when he goes to places like that.
If Biden had gone that late to that disaster area days, almost a week after the floods
to walk around with Melania, this time she wasn't wearing a jacket that said, I don't
care to you. He's wearing a black that said, I don't care to you.
He's wearing a black hat though. I mean, it looks ridiculous.
Right off the Elon Musk collection from Kmart. But when she goes there, he says, they say
such weird and, and, and weird and discordant things. I bet the mayor, the governor says,
it's like a football team. You don't talk about how you lost. They are going to do better next time. This is a football team.
The loss of 250 plus Texans, including 20 little girls.
That's a football team. And Donald Trump says, yeah, their love for that camp was cute.
It was really cute. And Melania, I got a charm bracelet.
Are you effing kidding me?
In 1987, 10 other
girls drowned in a bus along that same river. Okay. And in
that amount of time, including the first Trump administration,
and certainly now, nothing is done to establish a warning
system. And they let cabins including the youngest girl
cabins to sit along that lake, that river that went up 24 feet in two hours
and drowned them all.
And so who is to blame?
Are we in the Bible now?
This is just the Red Sea.
We don't know how it happened.
Come on.
It was a four minute walk for those girls
to get to the safe distance.
Four minutes.
You know what they call that mountain there?
God Mountain because all you got to do is pray. So that was God Mountain. It took 72 hours for
FEMA to activate urban search and rescue crews. Not because it wasn't ready. FEMA had it ready,
but because Kristi Noem wouldn't sign off on it. And nobody has heard or seen the head of FEMA, this new guy.
No one knows where he is.
He wasn't at that meeting.
He hasn't been in the press conferences.
The head of FEMA is missing in action.
Just think about if Biden's head of FEMA just ran away from something like this.
And this is the Trump regime.
All right.
We got to take our first quick break of the show.
I wanna remind everybody about Michael Popak's new law firm
where a lot of our audience is reaching out
with their cases.
So if you or somebody you know has been in a catastrophic
injury, a trucking accident, a car accident,
auto accident where you are the victim,
if you know someone who's the victim
and is in a wrongful death case,
a medical malpractice case,
a sexual harassment or assault case,
go reach out to Michael Popak.
The consultation is free.
He started this firm because you all said,
hey, we'd love to reach out to you.
We trust you and we need, you know,
if we have a case, can you do the cases?
He couldn't, now he could.
Popak, where can they reach out to you?
So honored to represent the people in our audience and their family members.
Yeah, we made it easy. I made it easy. I designed it.
It's a easy to remember 1-800 number for a free consultation.
1-877-POPAC. That's P-O-P-O-K-A-F.
What else? And then a website that brings you right to a free consultation form
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We were talking about the Trump regime coverups. We saw another on full display in the description below. The link to the sponsor is right there. We were talking about the Trump regime cover-ups.
We saw another on full display in the federal courts
across the United States as the United Nations investigation
into El Salvador's role in disappearing human beings
from the United States turned up some,
we would call them a hot dock.
We would call them smoking guns dock, we would call them smoking
guns when I would practice law and Michael Popak, this is a hot dock showing
that the Trump regime engaged in the most contemptuous of behavior before the
federal courts. When it claimed it had no ability to facilitate the return of
Abrego Garcia or any of the migrants who were sent to
Seacot, that concentration camp in El Salvador. You see what happened was the
United Nations opened up an investigation into crimes against humanity
by El Salvador saying that you are aiding and abetting the United States into torturing and disappearing human beings.
El Salvador relies a lot on tourism,
and El Salvador, you know, I think,
was worried that the UN could reach a finding
that could also impact,
and this was one of the pressure points
I always existed with El Salvador,
you know, other countries not going to El Salvador. As Donald Trump loves to praise the dictator Bukele of El Salvador,
El Salvador has a relatively pretty pretty small, you know, GDP.
They're highly dependent on tourism and you know, if people stop showing up there and buying their products,
it's very easy
for Venezuela to go bankrupt pretty quickly.
So the UN did an investigation and El Salvador responded to the United Nations.
And here was the response from El Salvador in response to a United Nations missing persons
report. Missing Persons Report. So the report on just the fact that the UN is doing an investigation into involuntary disappearances of human beings by the United States and El Salvador to the El Salvador sent to the UN, which became part of the discovery and the court filings in the federal court cases across the country.
It was first filed in that class action case in Washington, D.C., before Judge Boesberg regarding the 150 plus Venezuelans who were sent to CICOT then the other judges whether it
was Judge Zinnis and Obama appointee in Maryland or even Judge Gallagher a
Trump appointee all these judges start taking on their own
suesponti judicial notice of this document and saying all right Trump
regime here's what here's what El Salvador is telling the United Nations.
So we're taking judicial notice
that you basically lied to the court.
So what did El Salvador say to the UN?
Let me just read it.
It says, the Salvadoran state emphatically states
that its authorities have not arrested, detained,
or transferred the persons referred to
in the communications of the working group. That's the involuntary disappearance group. The actions of the state of El Salvador
have been limited to the implementation of a bilateral cooperation mechanism with another
state through which it has facilitated the use of the Salvadoran prison infrastructure
for the custody of persons detained within the scope of the justice
system and law enforcement of that other state. In this context, the jurisdiction and legal
responsibility for these persons lie exclusively with the competent foreign authorities by virtue
of international agreements signed and in accordance with the principles of sovereignty and international cooperation
in criminal matters. Michael Popak, that UN report makes it clear and that was from Bukele
saying that, nope, all we're doing is providing temporary prison, but the jurisdiction over those
prisoners is with Trump. That's what I do. That's the deal.
Let me put it in plain English. The Trump administration, the Department of Justice
is F'd. They've been lying to the federal judges know they've been lied. They've been
lied to. We've got three different federal judges that have been lied to based on this
new bombshell from the UN that was filed in Judge Boesberg chambers for the JGG case about 200 people who are
not named to Brega Garcia, who he's trying to decide whether and how he should order
them back, give them to process.
He also had a series of discovery, which is information exchange, compelled information
exchange in the process about two months ago about who
really had custody of these individuals.
And the Department of Justice and ICE and Homeland Security and the Secretary of State
all took the position, all took the position.
In order to support their, Donald Trump has foreign policy privilege because the Supreme
Court says he does in the area of foreign policy privilege because the Supreme Court says he does in the area
of foreign policy.
So they had to make it about sovereignty and diplomatic negotiations.
So they actually took the position in writing that they could not get somebody like Abrego
Garcia out of or anybody out of the CICOT supermax Killer Prison in El Salvador, because that was a
sovereign decision for Bukele.
And in order to reinforce that, everybody remembers they brought Bukele into the White
House, treated him better than our wartime ally, Zelensky, this petty dictator, and he
said, why would I ever bring a murderer,
a gang member, smuggle him into the United States?
I would never do that.
And Trump, in his verse, I would never ask you to do that.
So they had that bullshit, a pitch and catch
for the press and the media.
The reality is based on this new,
what was once secret, but now is public,
they now have admitted, El Salvador has admitted
that for all time, everybody that's been dumped off
in El Salvador, those 200 people including Abrago Garcia
were always only under the custodial decision making
of the United States of America.
So that they have lied and subborn perjury,
that's what we call it, in court after court after court,
which is consistent with what the whistleblower,
Erez Rouveni, who used to be one of the top
immigration lawyers and appeared in front of Judge Zinnis
in the Ibrego Garcia case and worked for Drew Ensign,
who floats around all of these cases.
And he said in his 27 pages that he and others were told to not to defy we're told to defy federal judges
from Zinnis to Gallagher to Boasberg to not tell them the truth to push ahead to
tell them to go F you okay and this reinforces that they have all been lied to. So here's the, this is like
a, this, I feel like this is a pool, a perverse game of pool where the cue ball is now going
to hit three different cases. Okay? So that gets filed in the Boasberg case. So look for
contempt proceedings from a judge that already found the Trump administration
that there was probable cause for criminal contempt already.
So we got that. Judge Gallagher believes that she's been lied to because both things can't be true.
Either El Salvador lied to the UN, and nobody believes that,
on the issue of who controls CICOT for the American deportees.
Or she's been lied to in her courtroom by the Department of Justice in the cases that she's
dealing with because she has an Abrego Garcia-like person that she's ordered to have returned and to
have everybody to have him facilitated back to the United States and was fed the same load of crap
by the Department of Justice as Judge Zinnis was
in her case involving Abrego Garcia.
Then you've got Abrego Garcia,
which just had a two day evidentiary hearing
with all this as a backdrop,
with a judge, Judge Zinnis, who believes
in her heart of hearts and you can tell
from her body language, the things that her body language the things that she says,
and the things that she writes, she believes that she's been lied to
frequently by an untrustworthy
Department of Justice. She will not take anything they say as true.
She even forced them to have an evidentiary hearing and put a witness in the box in her case
where she's trying to decide what happens
to Abrego Garcia after he's released potentially
on the 16th of July by a federal magistrate judge
in Tennessee about whether he is gonna be brought back
to Maryland, which is what Abrego Garcia wants
to have happen to be under the watchful eye
of Judge Zinnis, and she wanted to get straight
in a hearing, what are you planning to do, Trump ICE,
Trump Homeland Security, with a guy named Abrego Garcia,
once he is released from federal detention,
where he's been stashed away by a federal magistrate judge
to protect him
from the Trump administration and from removal.
Originally, some people might be thinking,
what happened to that?
What happened to that indictment
for human smuggling, Popak in Tennessee?
Yeah, what happened to that?
We always knew it was a charade,
it was manufactured, it was a lie.
They are effectively abandoning the indictment. They are not going to go forward with it
They did not say it when asked with it. She asked she asked the lawyers of Department of Justice
Let me get this straight
Did you just indict him because you needed to do that in order to get him back from El Salvador?
And now we know no because they always had control of the prison. They said no judge
She said alright
Well, then you lied to me then you lied to me about your inability to bring him back.
And you also, I have a lot of skepticism
about a criminal investigation that got started
while we were in court talking about Abrego Garcia.
And then she said, well, what is your grounds
to take him into immigration process and to remove him?
Well, we have an order of detainer.
She says, what's the order of detainer?
Just for our audience, the federal marshals
who are holding him in the detention center
related to his criminal case have been informed by ICE
that they have an order of detainer,
meaning when he pops out of that detention center,
he's going to be
re-arrested and detained by ICE because of their removal process.
And she said, what's the basis for that?
They said a final order of removal.
She said, you just gave me a witness who said the decision about a final order for removal
hasn't been determined and won't be until he actually gets into ICE custody.
So which is it?
She's, then they told her, Ben, you'll love this.
They told her at one point, she says,
well, I want to see a copy of the detainer.
They said, well, we don't have it.
She said, well, you didn't bring it to court
during our evidentiary hearing?
Trust this judge.
It's a standard order of detainer.
She said, frankly, I don't trust you.
You don't have credibility with me in this courtroom
for obvious reasons.
And so she is about to make a ruling with, again,
this backdrop of the Trump administration, Homeland
Security, Secretary of State, and ICE
have lied to three federal judges about their control
over that prison.
She's now going to make a decision.
And based on what I read about the two days of hearing
and the Trump administration basically going telling Judge Sinistigo F herself by putting
a witness in the box that she ordered.
She said, give me a witness with personal knowledge or he gets up to speed on the facts
about exactly the next steps for a Brego Garcia for his removal, whether he's going to a third country,
how is he doing it, the amount of time the lawyers will have
to run into court to talk about it on a writ of habeas corpus.
Give me the process.
The guy gets in the box, four hours,
he's in the box, witness box.
He's some deputy muckety muck,
guy's been with ICE for like 14 years.
And the first question was,
when were you identified as a witness in this case?
Four o'clock in the morning, my time, three days ago.
Okay, did you have any involvement
in this Abrego Garcia case before that?
None.
Do you have any experience in this type of removal?
I don't.
Do you know what's going to,
this is the fundamental question, do you know what's going to, this is the fundamental
question. Do you know what's going to happen to a Abrego Garcia if he's released and turned
over to ICE custody? We haven't made that decision yet. The judge said, let me take
some questioning here. Are you want me to believe that a desk clerk is going to make
this decision about Abrego Garcia, the guy that has the United States Supreme Court nine
zero decision in his favor? You're gonna, that's what you
want me to believe. She said, and then the lawyers for a
brego Garcia asked, I mean, these questions were not hard.
How were you prepared to testify today? I was given a one and a
half page memo, like, okay, go on. And I was prepared by
Department of Justice lawyers for three hours. That's it?
That's it. Did you ever think to talk to anybody that actually had personal knowledge
in any of the departments of the government about Abrego Garcia? No, that never occurred to me to
talk to those people. So they took a weekend at Bernie's guy who has no experience about anything
to answer any of the judge's questions. And now they're going to,
I guess they'll be shocked when Judge Zinnis is, I'll come back and tell you I was wrong,
she's going to enter a temporary restraining order. She's going to bring him to Maryland
under her watchful eye. She is going to give 48 to 72 hours notice before he is removed and put on
a plane to Mexico or wherever they're going to send him to let the lawyers come back to her and argue about his due process rights.
And what we're watching, just to kind of take the plane up for a moment, is we're watching
and we'll talk about it throughout Legal AF today, judges, politicians, individuals coming
at the Trump administration to shove back at the repulsive, depraved policies
that have sunk the Trump administration
in a way I don't even think he envisioned
in terms of polling.
He has 26 points underwater
in terms of a favorable, unfavorable, unfavorable.
He's the lowest rated president in 50 years
since polling at the six month mark.
And everybody that watches Midas Touch Network and Legal AF and sees children in cages in
handcuffs, sees people dying during raids, sees human beings being chased on horseback
through parks, through farms, through factories.
It's one thing to read about an executive order. It's another thing
to see a child in chains in a van being, you know, being brought down a freeway. Well, I have the
B-roll. Salty, can you play the B-roll? LA in ICE. For our audio listeners, our viewers can see it.
These are children between the ages of five and 12 in handcuffs at an ICE detention center
in Los Angeles, walking in a line together, hands shackled as they're being moved to their
next location.
We don't have the audio here because I asked for it to be done as B-roll, but it's someone
just kind of cursing at the ice
guards as the ice guards are walking handcuffed
children single file in a garage who are who are
chained. You know that that's you know we have a
concentration camp in Florida in the Everglades
that they call alligator Alcatraz which is really
alligator that cow or alligator, whatever you
want to call it.
I mean, it's a concentration camp there.
Yeah.
Right.
Yeah.
You know, you know, Dachau was the first one before it got, you know, and so I, I think
that I think it's a concentration camp.
I think it's getting, it's getting there.
But the first one in Nazi Germany was, and I hope I'm pronouncing it right,
Dachau or Dachau.
Dachau was the first one.
And to me, that's the better representation
of what alligator kind of Alcatraz is for now.
And that's why we, the people, have to take back the power.
It's certainly not gonna come
from the United States Supreme Court,
although I will give a hat tip, though.
The district court judges, Trump appointed judges,
George W. Bush, Reagan, Obama, and Biden,
they're doing their job at the district court level,
I would say by and large.
About 80.
An appellate court, generally.
An appellate courts are doing their job.
Then it gets to those Supreme Court justices,
and what they do procedurally is to try
to wash their hands of the cruelty they're inflicting.
They use a shadow docket, and then they
grant the Trump administration's procedural request
to stay or pause the district court's order
to preserve the status quo pending the resolution
of the cases. And oftentimes the district court will preserve the status quo before Trump did all
the illegal stuff. So the district court stays from Trump judges, Obama judges, Reagan judges,
whoever, they'll say, no, no, no, preserve the preserve the pre Trump status quo, right?
And then after that you would have
Then after that you would have the the Supreme Court steps in and says nope
We want to basically have it be the status quo once Trump implemented
though, you know the the law and or when Trump did his executive order, which is
The clearly patently unlawful executive order.
All right. I want to take our last quick break of the show when we get back.
I want to talk about more on what we were saying here, a new ruling from a federal judge in the Central District of California,
specifically finding that the Trump regime is engaging in racial profiling and
ordering them to stop doing it
without probable cause. And then we should let's talk a little bit more, Popak, wearing our legal
caps from negligence and malpractice and how you would handle this case if you were a lawyer
and how you would handle this case if you were a lawyer dealing with the situation in Texas
and what the kind of legal rights are
of the people in Texas.
We touched on it before,
but I wanna hear about that as well.
I wanna remind everybody about the Legal AF Substack.
Make sure you subscribe there on Legal AF.
Just if you have Substack, search Legal AF.
Also the Legal AF YouTube channel,
subscribe to that, they're on their way to
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And if you have a case or you know somebody
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reach out to Michael Popok's firm.
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Popok, where can they reach out to you
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that will do a screening about the case as it gets to me.
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and then we'll be right back.
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You know, PO-POK all hell was breaking loose in California
over the past few days, frankly, for a while
as ICE dressed in their military gear,
bringing their tanks, invading our neighborhoods.
They started off earlier in the week
going through MacArthur Park
and kind of storming a park where kids were playing soccer
in Los Angeles County.
And then ICE began its raids of farms
in Santa Barbara County, in Ventura County, all throughout Fresno County,
Riverside, and causing a lot of chaos, rounding people up if they looked Hispanic, whether
they were American citizens or not, just rounding people up. I mean, we've heard stories about a disabled veteran who was at
the Camarillo farmhouse plan, a glasshouse plant that was used for cannabis farming,
was a security guard there and he was leaving. He was rounded up by ICE. We're talking about
an American citizen.
There's an American citizen, Joe Garcia, who just filed a multimillion dollar lawsuit in
LA with a video, it's up on Instagram, about him being
pulled, he's an American citizen being pulled out of the cab of
his truck by ICE, who racial profiled him. And because he
looked a certain way and spoke a certain way and hung out in a
certain place,
they use that as probable cause
or to violate his Fourth Amendment rights
of search and seizure.
And he's not taking it lying down.
He's the first lawsuit that's been brought
by an American citizen for the violation
of his constitutional rights by this administration
and their deportation and removal plan.
Things are gonna happen like this, right Ben?
When you have a 3,000 a day quota for arrests
being pushed by Tom Homan and Stephen Miller,
and you have an ICE group that's morale is so in the trash
that part of the budget that just got passed
was to give them a $10,000 bonus to stay
because nobody wants to be there.
They're calling it internally at ICE mission impossible.
They hate their job.
This is not what they signed up for.
When you put that together in one place,
being pushed by depraved people like Stephen Miller
and Tom Homan, bad things happen.
We're there to report on it so that people see.
It's one, like I said earlier,
it's one thing to read about it
or to read an executive order of Donald Trump.
It is another thing for the repulsiveness.
And this is where the polling is.
Donald Trump is getting whipsawed
between his immigration policies,
which people are now seeing in the flesh
as human beings are being chased
and children are being chased on horseback
and thrown in the back in vans chained together
with this Epstein story that it just is like a bad penny
for Donald Trump, it just won't go away.
The more he wills it to go away, the worse it is for him.
And he's getting whipsawed between these two things
while he F's with the global economy with his tariff policies. So let's talk about this order
out of the central district of California, an injunction against the Trump regime and ICE from
racially profiling people. The ACLU put in so many alarming facts about what was taking place out
here. And we know it's taking place.
I mean, just if you look Hispanic,
you know, the ICE would roll up at these swap meets.
They don't care if you're an American citizen or not,
or a migrant, they run up to you,
they grab you and they throw you in the car
and they bring you away.
And then they ask questions later.
Maybe they release you, maybe they don't,
maybe you end up wherever.
I mean, there's still a lot of people who are missing.
You know, where are these people?
In LA, there are signs missing.
Where is this person?
Like in the United States.
So, Popak, talk about this district court order.
Yeah, we've got a great district court order
out of your neck of the woods,
central district of California. So Judge Frimpong,
who's a Biden appointee, she made it relatively simple. She said, this is not a difficult case.
Regardless of whether you want to try to deport and remove migrants and undocumented,
they have Fourth Amendment search and seizure rights and they
have Fifth Amendment rights to counsel if they've been detained and you are violating
both of them. In her 52 page opinion, she recites the facts that were put in by the
ACLU about what's happening and she said, you are enjoined from doing the following. You cannot base your stop and detain and arrest
based on the accent that they have,
the language that they speak, what they look like,
what their last name is, where they work,
where they are hanging out or hanging around.
You can't do any racial or immigrant profiling in order to
violate the Fourth Amendment. The Fourth Amendment is not, yes, it's for American citizens,
but it's for everyone on American soil. And they are, because of this widespread
are because of this widespread search and seizure that they're using, they're not being careful
at all about how they filter out the good from the bad. In fact, you have spokespeople for the Trump administration that says, another district judge is undermining the will of the American
people. Thanks, Tricia McLaughlin. Why don't you look at your pollingining the will of the American people.
Thanks, Tricia McLaughlin.
Why don't you look at your polling?
The will of the American people is that 68% think your immigration
plans are terrible and depraved, and they believe there should be a path
to citizenship and they don't believe in removal.
They also love throwing or they love pushing these buttons
knowing that they are false.
The button of we're getting rapists,
murderers, pedophiles off the street.
Meaning, if we talk about this
and criticize their violation of the Fourth Amendment,
we must be pro-murder, pro-rape, and pro-pedophilia.
And the reality is, that's not what the numbers show.
More than 50% of the people that are being picked up
and stopped and arrested don't have a criminal record at all.
And they are not getting MS-13 off the street.
So that is a complete and total fabrication
of the Trump administration.
And they say that outside the courtroom.
But why they lose is because they have no evidence of that outside the courtroom.
But why they lose is because they have no evidence
of that in the courtroom.
And so they lose time and time again at every federal judge
at every trial judge level and appellate court level.
We'll set aside for a moment for now,
what happens at the Supreme Court issue.
So Frimpong took a look at all the facts and she's issued,
it's not a nationwide injunction,
we've done a great tutorial about why it's not
a nationwide injunction.
It applies to Central District of California,
but it will have, as the ACLU has said
in their press releases, it will have a ripple effect,
a domino effect as a blueprint for how other judges will address this very
issue.
Eventually, there's going to be a class certification today.
There's going to be a class certification of everybody who's being racially or otherwise
profiled in the violation of the Fourth Amendment and not given access to counsel in violation
of the Fifth Amendment.
She actually issued two temporary restraining orders.
Some of the reporting was like it actually issued two temporary restraining orders.
Some of the reporting was like it was one, it's two.
It's one on the Fourth Amendment
and the other on the Fifth Amendment.
At the very same time she's doing that,
that guy, Joe Garcia, filed his multimillion dollar lawsuit
because he is an American citizen
who was racially profiled
and pulled out of the cab of his truck
and roughed up by ICE, backed up by National Guard.
That's another reason you don't wanna have
the federalization of the National Guard
because all you're seeing then is the military
involved with the violation of Americans
and others' Fourth Amendment rights,
which is exactly where an apolitical military
does not want to be.
You know, one of the the things you talked about this, you know injunction as it relates to
Southern California, it's limited this order by Judge Fring Pong to
Central District of California in this area
Injunctions like this will be granted the The broader issue, Popak, as you mentioned,
these civil lawsuits, that's civil rights lawyers,
that people like you would ultimately file,
what's going to become a major issue
is going to be the issue of Bivens, right?
This case that was decided in 1971,
Bivens versus six unnamed agents.
And this case found in that specific case,
there was an implied cause of action
for an individual whose Fourth Amendment protections
against the reasonable search and seizures
had been violated by the Federal Bureau of Narcotics.
But over the years, as this implied cause of action
has been tried to be extended to ICE and other groups,
the Supreme Court has largely found that because Congress has not passed a law that specifically
says you can sue ICE for unreasonable search and seizures, that you can't bring civil lawsuits
against ICE. People may remember some of the early days of Legal AF.
You and I covered the Bivens case.
And one of the contexts where we covered it
was actually a lawsuit brought by Michael Cohen
against the Department of Justice and others
when he showed up for a probation hearing
and they wanted him to sign away his rights to do a book.
And he goes, I'm not signing it.
They put him in solitary confinement.
And he sues and says, you violated,
that was an unreasonable search and seizure,
you violated my constitutional rights.
And the Supreme Court wouldn't take the case.
And ultimately the Second Circuit following
Supreme Court precedent said Bivens had not been extended to these
other areas. So I flag that now because, Popak, I think that's where I think we're
going to have an issue where these cases potentially get dismissed against ICE
under Bivens for the horrific conduct that they do and then we're gonna have
to then see what's gonna happen with the Bivens doctrine. But unlike Trump, who has the Supreme Court on speed dial, I think a
lot of these lawsuits against ICE, unfortunately, are going to take many years after I think,
unfortunately, they may get dismissed until it gets brought to the Supreme Court. And
I actually think the Supreme Court, I'm not trying to give bad news here. I think the Supreme Court's going to kind of let ICE do whatever it wants. You
disagree with me, Popak, on the Bivens analysis there?
No, the reason I raise, I don't. And the reason I raised Job is not because I think he'll
ultimately be successful. Although I looked at the complaint briefly before I was doing
a hot take. They have a work, Barbie, they may have a work around for it. But Bivens, this MAGA Supreme Court, if Bivens
isn't on life support, it's pretty close. They just don't
like when Congress hasn't spoken expressly on an issue, they just
don't like defined liability, especially when it undermines
their imperial presidency model,
which we're watching over and over and over again.
I mean, I was even surprised that they found back
to Ron DeSantis for a minute.
Ron DeSantis and his attorney general, the guy that came
up with the Alcatraz, alligator Alcatraz, had a setback
as a Supreme Court, even they thought that Ron DeSantis is out there
to try to criminalize immigration by state law in Florida.
They were like, you know, you can't do that.
So I was like, well, we found the limits
of what the Supreme Court is willing to back you up on
when you have depraved immigration policies.
But I agree with you, I think,
but the purpose of talking about it,
this is where you and I, I think, do a good job in the way we present to our audience, is not the defeatist.
You know, he did it, but he's going to lose. We're not the Grim Reaper. There is merit
and there is purpose and there is a learning that happens and a need to file these things, even if we can astral project into what's
going to happen two or three years from now, we need to bring the thousands, thousands
of lawsuits.
I said 4,000.
I think I'm going to be right by the end of the term against the Trump administration
and let the trial court level judges, even if they're not going to
be ultimately supported on every issue by the United States Supreme Court, do their jobs.
Most justice is done at the trial level and at the appellate court level and not at the United
States Supreme Court level. There are tens of thousands of cases that are filed every year.
Only 70 make it on to the big docket for the Supreme Court.
They have other emergency applications and things
that bulk up those numbers,
but that's where justice is done.
And we have to continue to just keep firing
at the strike zone with these cases,
whether it's done by private parties, by the states,
by the public interest groups,
by the new public interest groups that we never even heard of, you know, 10 years ago or a
year ago that have popped up now to defend people who are being retaliated against by
this vindictive president.
It's just mind boggling to me that we talk about the immolation of the Republican Party
and the MAGA party, which is one and the same at this point,
at the top of the hot, at the top of the podcast.
It's still remarkable to me, having always had,
for my adult life, a other party that I could reasonably
disagree with on most policy issues,
but I could still consider a party on the other side.
And now to see the numbers of the people who in the MAGA
and Republican movement who think Trump is doing a good job
and the numbers there.
Now, fortunately, the rest of America, including all
of the independents at this point,
have totally abandoned him and have left the building,
which is why his numbers
are terrible. But to see that the Republicans and even like the country club Republicans
and the ones that were the Goldwater Reagan Republicans are still somehow supporting him
is mind boggling to me. They've so overplayed their hand in shoving this agenda
down our throats and up our other body parts
over the last six months,
that I can't believe they're gonna be shocked
when the American people send them packing,
at least the House and likely the Senate, at the midterms.
I just, I think their goal is to do maximum damage and destruction
with a short time horizon that Trump has for many reasons
and to check the box of as many debts as he has to pay off to all the groups that got him elected.
And then after that, it's up for us, for you and I and the rest of America to pick up the pieces.
and I and the rest of America to pick up the pieces. I want to briefly address how I and you would approach a legal case in Texas and how we
would kind of look at it.
Not practicing in Texas, but I handled a lot of cases against when I did practice the county
and city in Los Angeles that involved dangerous conditions. I once handled a very tragic case involving a father
and a young girl, the father lost his life,
saving the young girl.
There was supposed to be a stop sign at an intersection
and a car that would roll through
this dangerous intersection, hit the father.
And one of the things that we uncovered in discovery
is that there was supposed to be a stop sign there.
And what happened was the person in charge of it
was actually deployed overseas
and they just literally forgot to put the person
to install the stop sign afterwards.
And so that person left two years past.
We got the emails in Discovery
and there was literally an email where someone
was like, oh shit, we forgot the stop sign.
And after that, they had to settle that case.
That was a more complicated case, I think, than this.
I mean, in terms of the duty breach of duty causation and damages, that would be your
analysis for negligence here.
I think it was even more than negligence. I think that this was a recklessness and a maliciousness
bordering on the most significant to punitive damages.
But Popak, you have this camp that's built in an area
where already it should not be built.
It should not be built in a flood corridor
where you know that this is the most dangerous river, one of the most dangerous rivers that exist.
Then at the county and city level,
they took the money that Biden gave them
in the American Recovery Act,
like $10 million that was supposed to go
to alarm and warning systems,
and they took it to give themselves bonuses
and to pay themselves more money
instead of do what they were supposed to do
because they said warning system was communist and woke.
There's actually transcripts from the county hearings
where, and by the way, the people in the county would say,
yeah, we don't want that woke stuff.
And then the judges who lead that kind of like, yeah,
but we'll just take the money for ourselves.
What are we gonna, let's consult John Cornyn,
the lawyer, the Senator from Texas,
and then Cornyn told them,
yeah, just take the money or whatever.
So you have all of that.
You have the county not activating.
They still had access to do a cell phone warning.
They did not activate that.
We know that at the federal level that they didn't do the urban search and rescue for
72-
And they were on notice since 1987 when those 10 girls died in the bus in the same region
from a flood because the river rose at that time.
To me, I believe there's going to be lots of lawsuits that are going to be
filed over this. I think it's just a matter of time. What do you think, Popak?
Well, I totally agree with you. It's not funny. You and I have a very similar
practice. I had a very similar case where about a child who was impaled off of a
guardrail
and the screw-ups that were related to that.
It is harder to sue a state and a municipality
and a government entity because of some aspects
of sovereign immunity, but not impossible.
You have to go through that process.
A lot of states will then require you to go
to the legislature and get what's called
a special claims bill.
That's what we had to do in Florida in order to compensate for that. But usually there's so much public
pressure related to these cases where these horrific things have happened. Like we left
out one terrible fact. Not only were the cabins at that camp and hundreds of other people
died. I don't only wanna focus on the little girls
at a Christian camp who died,
but the fact that they allowed the youngest girls
who were eight were at the cabin
that was closest to the river
and the older girls were up on that,
whatever you called it, Holy Hill or whatever it was.
So they were actually in a perverse way,
destined, doomed to die if that river rose
as quickly as it did the youngest,
which is just sad in so many different ways.
And then hundreds, and we've all seen the pictures now,
we've read the stories of people leaving text messages
and voicemail messages for their loved ones with the water rising in the background
before them.
And this was very, very simple.
This isn't woke.
This isn't DEI.
This is health and public safety, life, health and safety, which is the only reason, and
I have a fair amount of municipal government experience, this is the only reason that government exists
is supposed to fundamentally be able to protect life,
health and safety of its residents.
If it can't do that fundamental thing,
it should be disbanded and the state should take it over,
except in Texas, I don't think that helps you
because I think the state is also equally backwards
when it comes to protecting
people. So it's simple. You live in a river area. You live on a fault line for an earthquake.
You live in an area like in Florida that has hurricanes and you don't have things that
help your people in time of distress, then you are negligent or reckless or criminally negligent
if the things that you just identified come out
in the lawsuit, which obviously they would,
about we'll take the money and we, you know,
F by, you know, let's go Brandon, who cares?
And then here's the ramifications of it.
This was a simple fix.
They did not, this is the sad part.
We watched what happened in New Orleans
with the wipeout of the parishes in New Orleans,
mainly black parishes in New Orleans,
and things that were done after that
to avoid the death and destruction
that happened after Hurricane Katrina.
That got taken seriously.
Texas, it's been 40 years since those other
little girls died about the same thing. And so that's why I think you're right. It rises
the level of recklessness. So you file the lawsuit, I'm sure it's coming, you file the
lawsuit against everybody that has
responsibility from the state to the federal to the local to the camp, sorry camp, and I know
one of the owners died, but there's stacks of insurance that go along with this. Listen,
I was tangentially involved with the collapse of that tower in Florida.
And over a billion dollars, you know, hundreds of people died in that collapse of that condo on the beach in Florida, in Miami Beach. And billions of dollars were collected in insurance
and paid out to the families related to that. And so that was a private entity, but there were
county liability, there was state inspection liability, there was a lot of finger pointing,
more importantly, there was a lot of insurance that goes around that. And then if it comes down
to sovereign immunity, and they want to stand up and say, you can't sue us because we're sovereign,
want to stand up and say, you can't sue us because we're sovereign, then let's see what happens at the polls and with
the legislature who would be able to waive sovereign
immunity under those circumstances and give those
those 300 families or whatever it is, the you'll never get
back what they lost the people, the loved ones, the grandparents,
the parents, the children, no, but to give them some solid
something to compensate them in solace, something,
to compensate them in some small way for their loss.
Michael Popak, I agree with you. Thanks for that analysis.
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Thanks Popak.
Thanks Legal AFers.
Comprehensive episode. We will touch base next time on Legal AF. Thanks, Popok. Thanks, Legal AFers. Comprehensive episode.
We will touch base next time on Legal AF.
Have a great rest.