Legal AF by MeidasTouch - Popok Gives URGENT LEGAL UPDATE

Episode Date: November 13, 2024

Michael Popok of Legal AF provides an emergency legal briefing for our community to update on: 1) Trump's unlawful efforts on the way into the presidency to keep the public in the dark about his cabinet picks, federal judges, federal officers and executive orders; 2) whether Trump will ever be sentenced in NY for his 34 count felony conviction; and 3) whether any of his former closest aids will avoid any of their State prosecutions because of Trump's victory. Brain FM: Unlock your brain’s full potential FREE for 30 days by going to https://brain.fm/LEGALAF Tushy: Go to https://HelloTushy.com and use promo code LEGALAF to get 10% OFF your first bidet order! Rocket Money: Let Rocket Money reach your financial goals faster by going to https://rocketmoney.com/legalaf Soul: Go to GetSoul.com and use code LEGALAF to get 30% OFF your order! Zbiotics: Go to https://zbiotics.com/LEGALAF to get 15% OFF any Zbiotics Probiotic when you use promo code: LEGALAF at checkout! Join the LegalAF Patreon: https://Patreon.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 Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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The Canadian Armed Forces. A message from the Government of Canada. I'm Michael Popock and this is a special edition of Legal AF. This is a legal briefing. We got to do these a couple of times a week now to keep up in advance of the new Trump administration and daily efforts by Donald Trump to break the law. Is anybody shocked that he's already breaking the law and how he approaches his appointments for federal office, how he approaches his relationship, and that's putting it mildly, with a Senate that will now be under his thumb completely.

And what that means for the American people, who will now be kept in the dark completely by Donald Trump in a completely patronizing way, he's going to put America like baby in the corner, nothing to see here, daddy's working, you stay in the other room, while I without public hearing, without Senate confirmation, I appoint the entirety of my federal officers and cabinet, while I fire my judge, all of the generals that I don't like, like the reigning chairman of the Joint Chiefs of Staff on the first day with executive orders. And this is going to be an example of catch me if you can. And I'm going to talk on this briefing about how we use the court system to hold Donald Trump accountable, to pin him down, and to make sure these hundreds

of executive orders that Suzy Wiles and the transition team have drafted never see the light of day or if they are tempted to, we run to the appropriate federal court within moments to challenge it and to get it blocked because this is an administration, a new administration. If they learned anything from the Supreme Court giving them a get out of jail free card, an immunity cloak, and from what happened to them the last time is that they're going to be more underhanded. They're going to be more surreptitious. They're going to be more doing things in the dark and away from the American people. I mean, they just had one of their transition chiefs, Howard Lutnick, along with Linda McMahon, the two heads of his transition team, basically confess out loud that we're going to be treating the transition in an absolutely new and different way. Apparently that new and different way

is to hide from the American people, all of their MAGA extreme choices for federal office and cabinet positions. This is a president, a new incoming president that's going to test the limits. Does anybody expect differently? Going to test the limits of presidential power and to see how far he can put MAGA senators under his thumb,

treating them as a rubber stamp. And we need to be focused on it. One of the things that I said about Midas Touch and the Legal AF New Channel is that when you break glass for an emergency, you'll want something that's helpful on the other side. And we, and this community that we built is on the other side of the glass, right? When you pick up the hammer and break it, we're there.

And we know what to do. We are, I am a skilled litigator in federal and state court. Ben Mycelis is too. So is Karen Freeman McNifilo. We know what we're talking about, which is why I think this briefing is so important. I'm going to break this briefing into two parts. One, I'm going to talk about the darkness that has already descended on the transition by Donald Trump, his refusal to participate appropriately in the transition and the comments that he's made

through his transition team, and people like Tulsi Gabbard, who's part of the transition team, and Howard Lutnick and others, and Suzy Wiles, who you never hear from, but is effectively another president of the United States. You might as well salute her and play hail to the chief. When Suzy Wiles comes into the room as the incoming chief

of staff, she wields that much power, I'm going to talk about it and break all that down, and the raft of executive orders, this is going to be a presidency, it's going to run by executive order, they're not going to try to pass legislation to the public, they're not going to try for public hearings, they're going to do it in the dark. And they're going to treat the American people like children instead of as equal participants in our democracy. The second half of this briefing is going to be to update you on what's going on in all the criminal cases,

both for Donald Trump and some new developments in New York and in sentencing and some new lies and law breaking by Donald Trump and his team. You shouldn't shock anybody on the way in. And then what's happening with the other co-conspirators in Donald Trump's first go around as president? Do they get to try to use Donald Trump's unique superpowers of being a former president and a future president and therefore he can't be brought to justice. What about the rest? I'm looking at you Rudy Giuliani,

former chief of staff Mark Meadows, former acting Attorney General Jeff Clark. Do you get out from under all your state prosecutions? We're gonna cover all of that in this kind of special edition, accelerated edition of Legal AF. First of all, I want to reach out to everybody and thank them and tell them how much we appreciate and value this community. On election night, as we've said before, we didn't build and contribute to the build of the Midas Touch Network or of Legal AF the channel just to get Kamala Harris the presidency. It would have been a nice byproduct of what we've been building, but that wasn't the purpose.

If that were the purpose, I would have launched Legal AF the channel way earlier than three or four weeks before the election, but we wanted to have it ready and up and running. So if on the other side of Tuesday, things didn't go exactly our way, we were here to catch the fallout and talk about how to move it forward. And as of right now, as of this live taping, 33,000 people have joined Legal AF, the YouTube channel. And I feel a personal responsibility to each and every one of them and the other 270,000, we're over almost 310,000 people already in six weeks. That's, and I take it seriously, so does, so do the brothers, so do other contributors to Legal AF, because we, because that intersection of law and politics

just became the most important thoroughfare in our democracy. And covering it and shining a light on it and bringing attention to it. Because you as the American people who have linked arms with us here, shoulder to shoulder, it is your voice. It is your taking to the streets, taking to the public square, taking to social media,

calling your Senator, calling your Congressman, marching to the public square, taking to social media, calling your senator, calling your congressman, marching on the Capitol. That is one of the most important ways that you can participate in democracy and make change happen. Sure, lawsuits are going to get filed, thousands of them. There was a thousand that were filed the first Trump presidency, double that number now now against his executive orders against his attempts to act out and violate the constitution his own powers under article two violate the powers of congress under article one uh in all of that but but but the lawsuits yes they'll be successful 60 70 80%. That's what history tells us.

But you know what else is successful? The public coming out against certain of his policies and them withdrawing them. That's happened in the past too. And now we're gonna count on not just corporate media, but independent channels like this one and the supporters of those independent channels to do their part, will do our part. And that's your contribution.

And I know you guys are up for the task. Let's start with the in the dark section of this briefing and what I'm talking about there because Trump doesn't trust the American people. He doesn't like the American people. He doesn't respect the people that voted for him. and he's showing you all of that right now. Firstly, there is, and I'll explain it quickly, Donald Trump wants to treat the Senate like his plaything, that they're completely under his thumb, and that they're gonna do whatever he says that he wants.

He wants Rick Scott to be the Senate Majority Leader, the Florida Governor and Senator that Suzy Wiles, President Suzy Wiles used to work for. It is going to happen. And with him, they then had this fake call and response in public, all choreographed by Donald Trump and Suzy Wiles, in which which Donald Trump would say for my next leader, listen to the words, my next leader of the Senate, what happened to checks and balance? What happened to three co-equal branches of government? Gone for Donald Trump. My next leader of the Senate needs to show me loyalty by agreeing to go into immediate

recess to allow me to make recess appointments under my Article 2 powers so that we have for the next two years an acting attorney general, an acting Homeland Security, an acting head of the Secretary of State. Everybody's gonna be acting. All these people that you see that are being announced, Marco Rubio, Christine Noem, Lee Zeldin from New York to be EPA, they're all

going to have acting next to their name if Donald Trump has his way. They'll never see the light of day. You'll never see them in public confirmations. You'll never have a vote at the table because they're going to be secretly swept into power by Donald Trump, who wants to not suspend the Congress or the Senate the way a dictator would but order them what to do and somebody told Donald Trump to go look at Article 2 powers and lo and behold there was the recess appointment power which is only supposed to be used when there is a natural vacancy that happens during a natural recess of the Congress, of the Senate.

Not an artificial one, where a day after the inauguration, suddenly, you know, Senate Majority Leader Rick Scott declares a 10-day recess gone fishing, and there Donald Trump can shove through every federal officer, every cabinet member and judge. We're not talking enough about that on corporate media, social media or media. He can appoint judges, acting federal judges who serve for the full two years until the end of this Congress, which is two years from now. And if we don't like

it, then we need to act out, act up, protest, march electronically, physically and otherwise. And stay tuned to this channel about updates like that. How do we oppose it? The Democrats go to court, take it up to the United States Supreme Court that he's violated the letter if not the spirit of the recess appointment clause and violated the separation of powers as a result because he's hollowed out the role of the Senate to confirm and the public to be at the table for that. So that's a future lawsuit that's on the horizon because Donald Trump is going to test the limits of this and we're gonna have to call him out and hold him accountable. Somebody wrote me recently from Australia, one of our, we have a lot of followers and listeners in Australia.

I've met a couple of them actually that came to town last year and one of them said, keep the bastards honest, Popak. Okay, we're gonna do that as much as we can right here with your help. So that's one. This phony, trumped-up, artificial recess so that everybody's an acting fill-in-the-blank for two years without a confirmation process. That's one. He's already going to rule by executive order. Now every president uses executive orders which are not law passed by Congress. Congress is supposed to be the legislators, literally under Article 1. It's right there in Article 1, you can't

miss it. But when you have an imperial powerful president who's been given tremendous powers over the other branches by the United States Supreme Court as recently as July, where he's over the other branches by the United States Supreme Court as recently as July, where he's levitated the presidency above. There's no longer, the charade that there are co-equal branches of government and a delicately balanced checks and balance system is over. There is an imperial Leviathan president, which is occupied by a guy who's a megalomaniac narcissist in

Donald Trump in a criminal taboo, who's pulling the levers of power, right? And on top of that, you then have he's just going to legislate himself from the executive perch through executive orders. How do we challenge those? Court. Every time an executive order, which has to ultimately find some sort of repository in an actual law, which is where Congress comes in, meaning law already on the books. Or it has to be in an area where Congress hasn't acted and the executive branch is allowed to act. But mostly what he does is executive orders about policy that's already some law on the books about it. So you have to take as the Democrats,

as the party in opposition, right? This is a battleground. We need to stand opposed to Donald Trump, not an exile. You take the executive order, you match it up with the law that it is allegedly coming out of, or the powers that are in the congressional law, and you show how they're at variance, and it violates that law, and you run to court on that. Or it violates the U.S. Constitution. And there's a number of key provisions of the Constitution and the Bill of Rights and other amendments, like the Fourth Amendment, search and seizure, the Fifth Amendment, you know, the Fourteenth Amendment on due process. All of these, the First Amendment, and you take all of them and you run into your local federal

court, hopefully a favorable one, you take it up to a favorable circuit and then off to the Supremes. Executive orders, if you didn't know what they were before, you're gonna know them now because Suzy Wiles already confessed out loud in an interview recently that they're just going to be doing executive orders. They're not even going to try to act like that the Congress is the place to make law. They're going to make the law with a sharpie, with a black pen, and we're going to have to hold them accountable. Now, I will tell you that if history is any guide, we were successful in the opposition last time to Donald Trump in 2016. The attorney generals who brought their cases from the blue states, and we still have 17

of those in terms of total unit, what we call the trifecta, the entire state is under democratic control, California, Washington, Oregon, New York and the like. And so those attorney generals played an important role here as a bulwark against tyranny. And they run to court and they were successful 80% of the time the last time with Donald Trump. And the public, that's where you guys come in.

The public and shaming Donald Trump had him back off of a number of his policies, especially around immigration. And now we have to continue our darkness theory, we've got the transition team leaders who are saying, we're gonna do this a completely different way. Well, the first way they're doing it is they're in violation of the law.

There is an actual law on the book since JFK was assassinated called the Presidential Transition Act of 1963 that requires, requires by law that Donald Trump's transition team starting 60 days ago enter into contracts with the government to allow for a smooth transition and to put under the government protection things like their communication devices and protect them through cybersecurity so they don't get hacked by the Russians again, the Iranians again, or the Chinese, but they've refused it. They've refused to sign the agreements as of this live briefing. So they're already in violation of law. And that means that we are less secure as a nation because they're running around with their iPhones that aren't properly protected by the intelligence community of the United States because they're worried about the Biden administration trying to undercut their transition plan.

You know, Kristi Noem saying, yeah, we're not going to let them have a mole in our plans. You mean a proper transition to protect the American public? You're not going to participate in that? They've already confessed that. They're keeping us in the dark, baby in the corner, democracy in the corner, and they're not going to let them out. And then lastly, on this half of the briefing, there's talking about it, I'll tie it together, executive orders, there's an executive order that's been prepared, apparently, according to reporting, that's going to fire all of the generals that Donald Trump has a heart on for, all the ones that

he can't stand that are quote unquote woke. We already know that he threatened to hang and kill Mark Milley, the last Joint Chiefs of Staff Chairman, and any other of the generals that opposed him. And he hates the current chairman of the Joint Chiefs of Staff because he's a black man who's come out in favor of Black Lives Matter and about diversity in the military. He's the first to go.

And when the dictator gets rid of all the generals that were standing to oppose him, you know what happens next, tyranny. Because the generals have already said that they're not going to follow unlawful orders of the commander in chief. So there's a solution for that, get rid of all the generals have already said that they're not going to follow unlawful orders of the commander-in-chief. So there's a solution for that. Get rid of all the generals. And he is the commander-in-chief, and that is a core presidential function that that Supreme Court is going to say he has unlimited power to do. We're going to talk about how those, that Presidential Transition Act even ended up in the New York Court today about

the sentencing of Donald Trump for his 34-fidelity account conviction, 12-0 by a New York jury, and how it's impacted the rest of his cases, and whether the co-conspirators, the co-conspirators like Meadows and Eastman and Giuliani, can get any benefit out of Donald Trump's unique superpowers. But first, we got sponsors. It helps keep this network alive, our Channel Eagle AF alive, and we thank them for continuing to support our pro-democracy efforts. And here's a word from our sponsors. Today's modern diet makes it really difficult to keep things in balance.

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Unlock your brain's full potential free for 30 days by going to brain.fm slash legal AF. That's brain.fm slash legal AF for 30 days free. Okay, with that break, let's talk about what's going on in the other cases. Donald Trump, and I did a hot take on this for the Midas Touch Network, but for those that missed it, we were waiting today for Judge Murchon to issue what I'm sure he has already prepared, which is a fully detailed order. I think he would have denied Donald Trump's efforts to use the immunity decision from

the Supreme Court over the summer and use it to try to get rid of the actual, not indictment, the conviction, 12-0 by a New York jury on the 34-count business record fraud and election interference fraud case involving Stormy Daniels. All that was left is for the sentencing. This sentencing should have happened months ago, but the immunity decision came out and it blew apart all the attempts by Judge Marshawn and New York State Supreme Court Judge to sentence. But he did another postponement to put it into now. He said two months ago on the 12th of November, that by my clock is today, he will render his decision about whether immunity applies to Donald Trump's actions before he was even president in 2016,

and if not, moving on to the 26th of November for sentencing. Now the reason that the judge put such a gap between the two, the 19th and the 12th and the 26th, is of course to give Donald Trump or the Manhattan district attorney time to appeal. This is all going, we manage expectations, all of this was and is going to be appealed to the highest courts in New York, which is the Court of Appeals, and or over to the United States Supreme Court because it involves immunity, executive power, Article 2 function, and the like. And so I know that Mershon is mindful of that as a careful and sober jurist, and so he said, yeah, I better give some time in the middle. So I think the timing was the 12th, he was going to deny the

motion for immunity, giving Donald Trump time to go up to the courts in New York and over to the Supremes to have that resolved, and the sentencing would be held in abeyance, or he would go forward with the sentencing, and the sentencing and the immunity issue would go up on appeal. Either one, everything was gonna be stayed while the appeal issue was going on.

But in the meantime, we had a development that happened where we didn't know about it. It was off-docket, as we like to say, over the weekend with emails that went on Sunday between lawyers for Donald Trump, including Emil Bové and Todd Blanch, and the lawyers for the Manhattan DA's office led by Matt Colangelo. They went back and forth about, hey, based on the election, Trump's lawyer said, we're going to move to totally preclude the sentencing outright and have the conviction vacated.

We can argue about the law later, but we think that's the right result. And they also cited, get this. This is the I've got brass balls section. We're also going to cite the Presidential Transition Act of 1963. The very act they told you at the top of this briefing, they are not following and they are in breach of the law. But they cited it in their email telling Judge Murchon, we think a combination of the immunity decision from the summer in July by the Supreme Court and the Presidential Transition Act of 1963, which says nothing

should disrupt the transition and the presidency means you should not be sentencing Donald Trump. Now the Manhattan DA taking a page almost literally in terms of language out of Jack Smith the federal prosecutor's handbook they said this is quote unprecedented circumstances same phrase as Jack Smith and that we need more time which is what Jack Smith said Jack Smith I did a hot take on this on both channels about Jack Smith's his first filing since the election was to tell judge Mershon sorry judge Chutkin in the DC election

interference case, we'll get back to you on the 2nd of December, don't do anything right now. We'll tell you about under these unprecedented circumstances whether we're gonna dismiss the indictment or not. Bottom line, the Department of Justice is going to be dismissing the indictment against Donald Trump, both the Mar-a-Lago one that was up on appeal and closed the file and the one in DC. So I

also said at that time that they were gonna keep an eye on what New York was gonna do. So now that both of them are looking at each other like you go first, no you go first. So they tossed it to New York and New York tossed it back and said unprecedented times we need till December the second. What are they trying to get their minds around? They're trying to get their minds around the issue of whether the presidential transition act that tries to preserve the powers of the party, the person coming in so that there's no disruption to harm the American people applies at all, and whether they can sentence him. In other words, the working theory I suppose is that the president of the United States, whether we like it or not, that's what Donald Trump's gonna become, can he

have or should he have a black shadow hanging over him? The overhang of a conviction and a sentencing, even if suspended, completely cuts the legs out from under him and diminishes his power at a time where that's inconsistent with the Constitution. That's not my argument, but I'm trying to give you the argument on the other side, and that we shouldn't have any president of the United States who's looking at a brick wall of an actual sentence at the end of a four-year term because it's going to have a chilling effect on some decision making that he has. The flip side of

that is yes, I don't want him to commit other crimes. He should know that there is a possibility that he's going to go to jail and it'll be enhanced at the end, but you can see how that argument is being played out. So the people, which is the people of the state of New York represented by the Manhattan DA, they sent an email which was joined eventually by by Donald Trump's lawyers that asked Judge Murchand to put a pin in everything. Don't even issue your decision that we know is written already today on Tuesday. Put a pin in everything, Judge. Let's just put it on ice. We need until, they gave a date, we need until the, let's see, the 19th, one week from today, to tell you what our position is on sentencing. So just to do the split screen here of the timeline. Feds asked till December 2nd to tell Judge Chuck what they're going to do and they're gonna dismiss the indictment, and the people, the state of New York, asked one more week till the 19th.

The judge says, fine. He wrote his order, he said two things. One, post all these emails on the dock at Tuesday morning. That's why we finally got our hands on them. And secondly, I'm going to, without making a ruling, I'm going to, without opposition, I'm gonna stick a pin in this case. But I want by 10 a.m. on the 19th, I want to know the government's position, the prosecutor's position. There won't be any other

filings between now and then for us to report on. I mean we'll do in hot takes about what we think it's gonna be. We'll do a legal AF tomorrow night with Karen Friedman and Nick Niflo formerly of that office about what the shape and the contour of it, what it could be, but there won't be any more official filings of it and we'll have to leave it at that for now. And whatever he rules, whatever he decides off the 19th is going to be appealed up through the Court of Appeals in New York into the feds. So there is the managed expectations here, not blowing smoke or sunshine.

Donald Trump's not getting sentenced on the 26th. He may not get sentenced at all, let alone sentenced in 2025. And as he enters the White House, no court is going, no federal court and no Supreme Court is gonna force him to come back to court to be sentenced for a crime that he committed in 2016, even though a jury found that way. And so that's where we're at.

Now, in my next, the third section of this briefing, I'm going to talk about what does that mean, if anything, for the co-conspirators. You know, we talked, I talked at the beginning about the acting, all the acting's that will be coming in. The acting Homeland Security Director, Kristi Noem. The acting Secretary of State Marco Rubio. The acting Attorney General, who he hasn't picked yet. The acting White House Counsel and all of that, White House Chief of Staff. Now I'm going to be talking about former, do all these

former aides to Donald Trump like Mark Meadows, the former White House chief of staff, the former attorney general, the former head lawyer for his campaign and for his litigation Rudy Giuliani, the former you know chief legal advisor John Eastman, are all, do they have the ability to stop, based on Tuesday's results, any aspect of the state attorney general prosecutions of them in places like Arizona and Wisconsin and in Georgia? Or do they get to go to federal court or do they have a ticket to the United States Supreme Court because of what just happened to Donald Trump or or or does only Donald Trump

have that unique superpower as a former and future president and the rest of them who followed him into the abyss who followed him into the heart of darkness are they legal af'd if you know what I mean I'm going to cover all of that to round out this this briefing here on the Midas Touch Network after this word from our pro-democracy sponsors who are with us, who have been with us in the past, who are with us now after Tuesday. And I'm so thrilled to have them here with us again. Oh, here's our sponsors.

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And we built these institutions, these independent channels and networks without outside investors, Legal AF, Midas Touch Network. Take a moment here, hit the subscribe button on both. Legal AF, you'll find at Legal AF MTN for Legal AF Midas Touch Network. 33,000 people found us since Tuesday and we're not going to let any of you down or the other 270,000 people that we built in the last six weeks leading into this network. It's almost as if our audience knew, maybe Tuesday's not going to go quite the way we thought and we better be ready at the intersection of law and politics for what happens next. However it happened, we're in it together, I appreciate you. Now is the time to lean in, lean forward not back, hit the subscribe button. And so let me talk

about the others. Let's start with Mark Meadows, former chief of staff. This should be a lesson to somebody like Suzy Wiles, President Susie Wiles, who I talked about at the beginning, because soon enough she'll be former. First of all, the lifespan of Donald Trump's chief of staffs averaged about seven months. That's it. Some lasted less than that. One lasted just two years, or just about two years. John Kelly, a general, one of the generals that would be fired today by executive order of Donald Trump. So does Suzy Wiles make it a year? I mean, maybe, maybe. Then she'll be former. And here's what the new law is. Mark Meadows doesn't like the fact that he was prosecuted in places like Georgia and Arizona

for what he did to undermine and try to topple democracy in 2016 and 2020, in 2020 in particular. He doesn't like the fact that he tried to break in to an election office in Coffee County, Georgia and stop the count, that he tried to offer to use campaign funds from the Trump campaign to aid their counting to go find 11,000 more votes. He doesn't like the fact that he arranged a phone call that Donald Trump used to try to, twice, not once, but twice, to get the Secretary of State of Georgia to just find 11,758 votes and throw out absentee ballots

and that that may be a crime. And so he's been trying since the beginning, since he was indicted by the Fulton County District Attorney, no, sorry, the grand jury in Fulton County led by the District Attorney, he's been trying to get his way out of federal, the state prosecution in Georgia ever since. And his latest attempt, which happened about eight or nine months ago, is that he and Jeff Clark, who was the acting Attorney General for literally like 20 minutes before the end of the last administration, Donald

Trump went through more Attorney Generals than, I don't know, I changed coffee filters, you know, in the last, especially in the last three months. So Mark Meadows tried to use a unique provision of federal law that allows a federal officer to take his case or her case out of state criminal court or even any kind of state court and drag it over to federal court in order to get before a federal judge to apply federal defenses and federal constitutional issues in federal court not state court. The reason for it is the founding fathers and the framers really didn't want, especially when we came out of the world where we just put the whole constitutional republic together and the whole federalism together where states were

kind of we dragged them kicking and screaming into this new federal system, we didn't want pissed off state governors and prosecutors to go after federal officers who didn't have a lot of power at one point. They just got stood up, you know, they just got, they just became something. They barely had money in the treasury. They didn't want them going after them trying to put federal officers in jail for just doing their job under the Constitution or under the federal powers. It came, it was born from that era. It later was, you know, we don't want a local prosecutor for Brownie points or to score points with his local political group to go out and successfully prosecute in state court, home cooking, a federal officer. But Mark Meadows had a major problem. He's home cooking a federal officer.

But Mark Meadows had a major problem. He's no longer a federal officer when he tried to use that statute, that provision. And the 11th Circuit, which actually leans right, and the Chief Judge William Pryor, he looked Meadows in the eye in an 11th Circuit ruling, said, you don't get to use, first of all, you're former, you're a former federal officer at best. And nowhere in the statute does it say that a former federal officer gets to use this statute. Because how is prosecuting you in state court interfering with

the federal government? You're not in the federal government anymore. Now that sounds logical, with the federal government. You're not in the federal government anymore. Now that sounds logical, but I will tell you that in 200 years of federal jurisprudence, that Judge Pryor is the first judge to ever rule that way. And so at the time, I thought, I was on with Ben Mycelis on Legal AF,

and I thought, that's gonna be interesting for the Supreme Court. Does this apply to former federal officers or not? And then up next, Jeff Clark, 11th Circuit, I was a former federal officer and they said about a month ago, yeah you're a former federal officer and our precedent is you don't get to use it. I mean the order went further, the decision went further. It said even if you weren't a former federal officer you don't satisfy the criteria.

It's not within the color of your office to do what you did. It's not in your job description to overthrow democracy. And you don't have unique federal defenses. So no, sit down, go back to Georgia State Court for prosecution. And Mark Meadows tried to take it up on appeal. And I thought maybe he'd be able to find, you have to find four votes

at the United States Supreme Court to be interested in your appeal to take it. And there's six MAGA. I thought, well, they're gonna take this up. Nope, it's such a pathetic argument that Mark Meadows couldn't find four MAGA on the Supreme Court to say, no, it's interesting. Let's take Mark Meadows' appeal.

So right now it was denied. No appeal by Mark Meadows, meaning the 11th Circuit ruling that former federal officers are not allowed to use federal removal to take any of their future prosecutions in the federal court is the law of the land because there's no competing circuit that's ruled otherwise. And so good luck Susie Wiles, good luck Stephen Miller, good luck Kristi Noem. Because if you violate the law and the Democrats get back in power,

you're not gonna be able to take your case to federal court. That's sort of what all that means. And then at the same time, right on cue, coming off of Tuesday, because you got all the acting out now, right? The Jan 6 defendants are all acting out, right? In court, we don't wanna be sentenced. Our fearless leader won, we're getting a pardon.

We don't wanna be go to trial because we're gonna get a pardon and all the federal judges are folding their arms and looking at these yahoos and going, that's not how that works. You're getting sentenced. One just got sentenced to eight years, even though he argued he was gonna get a golden pardon

from Donald Trump. Yeah, you're not. You may, but you're going to have to work off this sentence then. Same thing with the people going to trial, same thing with the people going to jail. And so we're not opening up the jails to let out the Jan 6 dangerous insurrectionists because Donald Trump won the election on Tuesday. But again, it's again, the magical thinking of people that followed Donald Trump into the abyss, thinking they have the same superpowers that he does. And that's why the attorney general in Arizona ended on this. Chris Mays said, no, I'm not going to be dismissing

the indictment against all of the fake electors in Arizona and people like, get ready, Mark Meadows, Rudy Giuliani, John Eastman, Mike Roman and the rest, all the henchmen for Donald Trump because they committed a crime. So says a grand jury in Arizona against the people of Arizona. And I swore an oath to protect the integrity of the elections. And so the answer to the question I keep getting asked, she said on a Sunday morning talk show, is no, I'm not dismissing the indictment. And so couldn't they try to take it up to the Arizona Supreme Court? I guess. But I think the bottom line is while Trump, probably the only one in history as a former and a future who committed crimes in between, enduring. Only he is going to be able to get the immunity defense,

supremacy clause defense, and all the other things to avoid being brought to justice. But those that followed him, that's not how immunity works. That's not how presidential immunity works. That's not how separation of powers work. That's not how there's no executive officer privilege, right? That's just you committed a crime and you're gonna be, you're gonna stand for it apparently in state court. Now I'm gonna do these briefings on a regular basis here, especially for us to get caught up off of Tuesday. I know the Midas brothers have started this

process and I said, hey I think Legal AF could use a good briefing here as well. So I appreciate you being here. Just to give you the programming notes, we've got the Legal AF channel at the intersection of law and politics. Hit the subscribe button. We're doing six, eight videos a day. Not just me, a lot of me, but not just me, other collaborators, including Court Accountability Action, Shan Wu, Karen Freeman Igniflo, Dean Adal, and others of your favorites, where I curate. And then Wednesdays and Saturdays at 8 PM Eastern Time, right where we've always been for the last four and a half years, with you, for you, on Legal AF.

Find out what 50 million people a month already know in all of these different platforms that Legal AF is the home of law and politics analysis and commentary like no other. We don't blow smoke or sunshine and we do it really all for you. So I'll see you on Wednesday tomorrow for our Legal AF midweek with Karen Freeman at Knitfulo 8 p.m. Eastern Time. If you want to watch the YouTube live and Saturday with Ben, my cellist, same thing. And then you can pick us up on all audio podcast platforms.

So until my next contribution to all things Legal AF, this is Michael Popak and I am reporting. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at Legal AF MTN. That's at Legal AF MTN.