Legal AF by MeidasTouch - The Intersection with Michael Popok Full Episode - 10/28/2025

Episode Date: October 29, 2025

A federal judge gags AG Bondi and others from speaking in public to undermine Abrego Garcia’s right to a fair trial. A federal judge takes steps to ensure that Abrego Garcia isn’t retaliated agai...nst and sent to Liberia in the next few hours. Lindsey Halligan is up to her eyeballs in hot water, with a new suit brewing about her destruction of public records in a new “Signal-gate” scandal, and a Clinton appointed judge about to decide whether she was illegally appointed as a US Attorney. 23 Blue State Attorneys’ General sue to stop babies and children from dying at the hands of the depraved Trump funding cuts in an effort to blame the Democrats for the Shutdown, as a secret memo disclosing that a slush fund exists is revealed. Trump’s latest lawyers who are trying to overturn his criminal conviction are accused of ethical violations. And Michael Popok sits at the Intersection to reveal these and other developments at the intersection of law and politics. Delete Me: Get 20% off your DeleteMe plan when you go to join https://deleteme.com/LEGALAF and use promo code LEGALAF at checkout. Smalls: Head to https://Smalls.com/LEGALAF and use promo code: LEGALAF at checkout for 60% off your first order PLUS free shipping! Check out The Popok Firm at: https://thepopokfirm.com Subscribe: https://www.youtube.com/@LegalAFMTN?sub_confirmation=1 Legal AF Substack: https://substack.com/@legalaf Follow Legal AF on Bluesky: https://bsky.app/profile/legalafmtn.bsky.social Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky.social Subscribe to the Legal AF by MeidasTouch podcast here: https://podcasts.apple.com/us/podcast/legal-af-by-meidastouch/id1580828595 Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:01:55 I'm Michael Popak, and you're at the intersection of law and policy. The new podcast, only on the Midas Touch Network. I'm expressing my First Amendment right to give you honest commentary. And you're expressing your First Amendment, right? To listen to commentary like this at the marketplace of ideas in the public square. It's all under attack. It's all under attack by the Trump administration. Your First Amendment, right, my First Amendment, right?
Starting point is 00:02:26 But we're here together on Tuesdays to talk about things. honestly, because we got to talk and speak truth to each other before we can even hope to speak truth to power. And it's working. We see it in the poll numbers. We see it in the streets. If there were giant statutes of Donald Trump, like any other dictator, they'd already been torn down by the public with ropes. He's down to 38% approval rating, 37% approval rating, more than 63% of America. is against Donald Trump and his dictator tendencies. They're against his militarization and federalization of the National Guard to go into blue states.
Starting point is 00:03:12 He's against him cutting funding to important programs to those that help give people dignity and honor and the ability to live, whether it's welfare programs, it's SNAP, supplemental nutrition programs for children, and the like. They're against his immigration. policy. They're against this tariff policy. They're against how he abuses fellow Americans,
Starting point is 00:03:35 how he abuses our global allies. And we get to talk about it once a week. When we come together here, it is that important. So I'm going to, I have four or five stories, probably five stories that I want to cover with you here at the intersection. And we'll just do a Roershack test. I'll say a name. You tell me what you think of. Armando or Kim. Kilmer Armando Abrago, Garcia, one, Lindsay Halligan, two. Snap lawsuit, led by 23 Attorneys General just filed today. The autopen and pardon debacle or scandal or report of the Oversight Committee trying to undermine once again Joe Biden.
Starting point is 00:04:25 and an appeal filed in the middle of the night by Joe Biden. I'm going to pull all that together with you here at the intersection. Let me start with Kilmer, Abrago, Garcia, because it's not just about him. Yes, he's being tormented by the federal government and all of its resources. It's about all of our civil liberties, all of our due process rights. We are Kilmer, and he's fighting a fight in two battles. battlefields. One, in Tennessee, presided over by Judge Crenshaw, criminal matter. The second, Judge Zinnis, in his civil rights case. This is the person who was illegally deported to El Salvador,
Starting point is 00:05:11 despite having an American court order in his pocket saying he could not be removed, especially to the torture prisons of El Salvador. It took Judge Zinnis several orders, the Fourth Circuit, several orders and the Supreme Court 9-0 to bring him back when the government brought him back they trumped up some manufactured charge of human smuggling in tennessee and now we've got two worlds colliding in the last 24 hours with a new order by judge krenshaw and one by and some findings by judge uh zenis about abragal garcia So the motion to dismiss his indictment for human trafficking, smuggling in Tennessee is coming to a head. And the lawyers for Abrago Garcia let it be known that they want to put on the witness stand, Todd Blanche, and other members of the Department of Justice.
Starting point is 00:06:11 That triggered the Department of Justice, who within days of that sent Abrago Garcia's lawyers a notice in the court and notice that they're sending him 3,000 miles or more away to Liberia. in Africa. He said he was willing to go to Costa Rica. At least it would be near his U.S. citizen family and children, and it's Spanish speaking. He speaks Spanish. We've seen him on the courthouse steps speaking Spanish. He doesn't speak English that well. Sending him to Liberia is not going to be a great idea. That was in retaliation to the lawyers for Brigo Garcia, embarrassing the Department of Justice as they move forward with a November 4th and 5th hearing about whether his indictment will be dismissed for a vindictive prosecution.
Starting point is 00:06:59 Judge Crenshaw has already indicated that he's likely to grant that motion, but he wants to hear further evidence. And in the meantime, in the last 24 hours, Judge Crenshaw issued an order, which we have up on Legal A.F. Substack that gags the federal government from continuing to bash Abrago Garcia
Starting point is 00:07:18 and undermine his ability under the Sixth Amendment to have a fair trial. And the judge cited several video attacks of Obrigo Garcia like people like Pam Bondi. Here's a clip of Pam Bondi that got the judge upset. Let's play the clip. Our government presented El Salvador with an arrest warrant, and they agreed to return him to our country. We're grateful to President Buckele for agreeing to return him to our country. to face these very serious charges. This is what American justice looks like.
Starting point is 00:07:55 Upon completion of his sentence, we anticipate he will be returned to his home country of El Salvador. The grand jury found that over the past nine years of Rego Garcia has played a significant role in an alien smuggling ring. They found this was his full-time job. job, not a contractor. He was a smuggler of humans and children and women. He made over a hundred trips the grand jury found smuggling people throughout our country, MS-13 members, violent gang
Starting point is 00:08:39 terrorist organization members throughout our country. Thousands of illegal aliens. were smuggled. This is especially disturbing because Abrago Garcia is also alleged with transporting minor children. The defendant traded the innocence of minor children for profit. There are even more disturbing facts that the grand jury uncovered. It is alleged this defendant is part of the same smuggling ring responsible for the death of more than 50 migrants in 2021 after the tractor trailer overturned in Mexico. This is part of that same ring. The defendant abused undocumented alien females, according to co-conspirators, who were
Starting point is 00:09:35 under his control while transporting them throughout our country. This defendant trafficked firearms and narcotics throughout our country on multiple occasions. They were using vehicles, SUVs, with added seats in the back, floors that had been ripped out, guns, narcotics, children, women, MS-13 members. That is what the grand jury found. A co-conspirator alleged that the defendant of solicited nude photographs and videos of a minor. A co-conspirator also alleges
Starting point is 00:10:17 the defendant played a role in the murder of a rival gang member's mother. These facts demonstrate Abrago Garcia is a danger to our community. Now, having now gagged them, meaning they can't continue to talk about the case, it was interesting to me that nobody, including the lawyers for Abrago Garcia,
Starting point is 00:10:40 didn't raise in the criminal case that they're about to deport him to Liberia. They knew it at the time. I'm surprised they didn't do it. The judge also said he wants more details about the senior lawyers in the office, the middle district of Tennessee, U.S. attorney's office, who quit because they wouldn't bring false charges against Abrago Garcia. So Brad Edwards, for instance, he wants more information, the judge,
Starting point is 00:11:08 to be sent to him for personal review about that issue. So he ordered that as well. That's on the criminal side. Same 24-hour block, Judge Zinnis pulls everybody together about Liberia. And during that hearing, she says to the lawyers assembled, I don't want him going to Liberia. He's currently in Virginia under her watchful eye in an iced detention center. I don't want him going to Liberia.
Starting point is 00:11:37 Make a representation to me that I don't have to worry in the next few days or hours for him going to Liberia. I'm sure Judge Crenshaw, the criminal judge, doesn't want that either. We're still waiting for the new filings that will give the judge that assurance. She was not happy in the court during that, during that, and she's trying to consider whether his due process rights are continuing to be violated. I've said, and I'll say it again, I think she has the power to grant him asylum for the abuse of his constitutional rights and as a way to compensate him. That's That's what I think she should do. And I'll stand by that.
Starting point is 00:12:17 But we'll have to continue to watch as the government reacts, overreacts, and is vindictive towards Abrago Garcia in both courts. Speaking of prosecutors for the Department of Justice, but maybe not for long, let me turn to Lindsay Halligan. Lindsay Halligan is in another scandal. Of her own making, I remember. reported, and I had the pleasure in the honor of interviewing Anna Bauer, a reporter for lawfare, who received a series of unsolicited signal app messages from somebody named
Starting point is 00:12:55 Lindsay Halligan, who was prosecuting the Letitia James case. Turned out it was Lindsay Halligan. Turned out she wanted to have a dialogue with a reporter, apparently on the record about the case in real time, including about evidence, including about grand jury information. and Anna Bauer, as any intrepid reporter would do, good reporter would do, published it. And that led to not only the article, my interview with Anna Bauer, but it led to that event being the centerpiece of a couple of different motions and lawsuits now. Firstly, because Lindsay Halligan admitted that she used the signal app and its disappearing messaging feature for official communication, she's destroying federal.
Starting point is 00:13:40 public records. She's destroying federal public records. And she should know better because she was on the team with Todd Blanche, her boss in the Department of Justice and others when they were the defense lawyers for Donald Trump. And they know what the defense lawyers were able to do to pick apart every little mistake or misstep of a prosecutor, whether it was Fawney Willis or it was Letitian James or it was the office of Alvin Bragg, these very little places where he was prosecuted, Jack Smith, they wrote the playbook on how to go after the prosecutors. So why are they surprised that the signal app use and messaging to a reporter would be used by the defense team to seek to gag Lindsay Halligan in one of the motions filed by Letitia
Starting point is 00:14:31 James? Let me show you a clip of the interview I just had with Anna, with Anna Bauer up on legal AF, and she's hopefully going to be a regular. If you don't know her work, you really need to discover it. She's a reporter's reporter. She's one of the inputs and sources of information that I rely on for my reporting. Really, really insightful work. But here she is in the interview. Let's play a clip. I think it just kind of underscores that when you're in this high profile pressure cooker environment, of course defense counsel is going to like seize on these kinds of public statements, which made it so surprising to me that she was on the record speaking to a reporter about an ongoing case. For all the reasons that we wrote in the piece, that's just so unusual. And so again,
Starting point is 00:15:29 I just think that the fact that this motion was filed kind of speaks to the unusual. and why it seems to be something that was, at best, misguided in terms of her choice to reach out to a reporter about an ongoing case. And a couple of days later, you did an update where you said that the DOJ communications person contacted you for the sole purpose of correcting the typo in Lindsay's name. Yeah. So it was, it was, I, you know, it wasn't too long after we published the piece. I was like a two hours, I believe it was. They reached out and said that they'd realize that they misspelled Miss Halligan's name, yes. But other than that, I haven't heard additional commentary from DOJ. As I understand it, I've been. believe that they gave a comment to a different outlet in which they described me as a blogger as opposed to a journalist. But other than that, you know, we have not had any additional commentary from DOJ asking for a correction. It was just that misspelling that they provided in the statement. But that's not the only thing that happened bad to Lindsay Halligan based
Starting point is 00:16:57 on the signal messaging. Again, this is a government who at the start of its administration had another signal gate problem. When Mike Waltz, the National Security Advisor then, sent to Iceland as an ambassador now, accidentally or on purpose included Jeffrey Goldberg, another reporter, the editor-in-chief of the Atlantic,
Starting point is 00:17:21 to a signal chat to talk about whether they were going to bomb the Houthis in Yemen or not, a military action. Now, I hope people aren't getting too fatigued by all of Donald Trump's 15 different attacks on in Venezuelan waters, Caribbean waters, and Pacific waters against people without due process. But back in the start of the administration, there was this entire signal chain about the bombing that included the reporter and J.D. Vance and Stephen Miller and Pete Hanks and Marco Rubio, Tulsi Gabbard, and it was the subject of a lawsuit by a group called American Oversight.
Starting point is 00:18:03 And a judge said, you can't use signal, you need to preserve signal, you can't use the disappearing messaging feature for public records. Apparently, Lindsay Halligan never got that memo. Maybe it was on a disappearing app like signal. So American Oversight has made a demand, and we have the rumblings of a new lawsuit, sent to Marco Rubio, who's the ethicist for America. No, he's the archivist. Couldn't be the ethicist. He's the temporary archivist in charge of public records,
Starting point is 00:18:34 not just the Secretary of State, in which they're demanding all signal messages and all her use of signal messages not only be preserved, but that it be shown to the American people, what she destroyed. And they also point out that she effectively threatened the reporter
Starting point is 00:18:54 by telling her, you're getting your reporting wrong. You know, if I were you, it's sort of a not so subtle threat to try to chill her First Amendment expression. And now we bring it, since we're still talking about Lindsay Allegan and James Comey,
Starting point is 00:19:15 because she's the prosecutor for the former FBI director, and Letitia James, where we had just had the arraignment of Letitia James, in which he very valiantly and with great conviction and courage said, in effect, I'm not going anywhere. I'm not going to let them crush me. I'm going to stand up for the American people. There's a motion pending about whether Lindsay Halligan lives or dies. No, it's not Hunger Games. In being a prosecutor. Was she properly appointed as Eastern District of Virginia prosecutor or not? And everybody that's looked at, including me, says she wasn't.
Starting point is 00:20:00 She was illegally appointed because there was already an interim U.S. attorney named Eric Siebert, a Republican who Donald Trump didn't like because he refused to indict how Lindsey, sorry, he refused to indict James Comey and Letitia James. He got fired, but he was the one and only interim U.S. attorney. The next stop is he's, Donald Trump's got to get somebody through the Senate. And in the interim, there needs to be somebody appointed by the judges of the Eastern District of Virginia. That's how it works under a statute we call Section 546. So the motions are both almost identical, Comey and Letitia James.
Starting point is 00:20:42 And the issue is there's a conflict of interest with the judges of the Eastern District of Virginia. Because they would pick the next U.S. attorney if she gets bounced. So the motion has been sent off, as I predicted, through the Fourth Circuit Court of Appeals Chief Judge, Judge Diaz, who sits over North Carolina, South Carolina, and Virginia, to a South Carolina judge to decide, and the motions have been consolidated, so they're going to be heard together. Who's the judge? Judge Curry, senior status judge in her mid-70s. She was appointed by Bill Clinton. They found, I just think it's so perfect that they sent it to South Carolina, the home of the other Lindsay, Senator Lindsey Graham. They picked a federal judge that he probably supported because he had to have given his blue slip to support her, oh, those many years ago.
Starting point is 00:21:41 She's been on the bench for a million years. She's a resident of Florence, South Carolina. She worked in the Department of Justice in D.C. and in South Carolina. She's a very confident, incredible judge. Judge Curry is going to be making this decision sooner rather than later because the trials of Tish James and James Comey are in January coming up. So we're going to be doing a lot of reporting about that. But if you're Letitia James and James Comey, you've got to be happy with the pick of the Clinton appointee Curry. The rest of the motions on vindictive prosecution and on the gag orders, they stay with the two trial judges.
Starting point is 00:22:20 Judge Nachmanoff, the judge who's a Biden appointee for James Comey, and Judge Walker, who's a Biden appointee for Letitia James in the Eastern District of Virginia. Just this one motion to DQ disqualify goes off to South Carolina and all of that. So that's where we are with Lindsay Halligan. Maybe you shouldn't appoint a novice with seven years legal experience and having never been a prosecutor, let alone being in federal court, maybe you shouldn't appoint them to be the top five federal prosecutor in America. How about that? Let me move on. Got a lot of interviews. You just saw one that I did with Anna Bauer, and I've got one coming up. Actually, I'm going to be recording it tonight, late, with Attorney General Rob Bonta, who I had the distinct pleasure of
Starting point is 00:23:15 doing the interview with on No Kings Day in California. And A.G. Banta is back. to talk about today a powerful new lawsuit filed on behalf of tens of millions of impoverished Americans or whose children need nutrition. It's the supplemental nutrition program, the SNAP program, between 20 and 40 million children and babies need this in order to survive. And Donald Trump is playing politics and Russian roulette with their lives because he wants to blame the Democrats for taking food out of their mouth, the nutrition out of their mouth, but nothing could be further from the truth. There are, there's a secret memo, which I actually got my hands on, I'm going to put it up in legal AF substack. Back in September, before the shutdown, every agency
Starting point is 00:24:06 had to come up with a contingency plan and the U.S. Department of Agriculture, which is part of the food distribution, nutrition, distribution apparatus of America, prepared a report that said they had a rainy day fund of up to $6 billion that they understood that Congress wanted the SNAP program and other welfare and food stamp type programs to be up and running. And then somebody, if I had a guess, Russ Vote, who's the chair of the Office of Management and Budget. He's the director of Office of Management and Budget. He's the creator of the Project 2025. He, along with Stephen Miller, said, let's screw the Democrats. And and their efforts to try to ensure that 22 million Americans,
Starting point is 00:24:53 many of the same overlapping families, don't lose Obamacare, don't lose their health care. We're talking about Americans here. Every time I say anything in this segment, we're talking about Americans, not illegal immigrants. And so they're holding it hostage, and they're holding babies in children's lives hostage, and threatening to shoot and not release the $6 billion.
Starting point is 00:25:16 So there already was a secret memo that was taken down from the website of the U.S. Department of Agriculture. We have it. We found it because that was in September. Beginning of October, they said, we got the $6 billion. It's rainy day. We're going to be distributing it to cover the payments for November, which is about $8 billion. Then somebody thought better of it. And two weeks later said, there are no more funds and then posted a callous message that we would like, to distribute the funds if only the Democrats and the radical Democrats would stop holding the
Starting point is 00:25:53 government hostage. Talk about inhumanely, inhumanely hitting the government or hitting Americans and making them suffer. In fact, I have a clip from a Midas Touch simulcast or broadcast of a press conference just today about the lawsuit filed and led by California by 23 Attorneys General got filed in the District of Massachusetts in order to get those funds, that rainy day fund, paid out to Americans. Let's play the clip. I'm going to kick it off here today to announce California's latest lawsuit against the federal government, and specifically the U.S. Department of Agriculture, also known as USDA,
Starting point is 00:26:39 and Secretary Brooke Rawlins, using the current federal shutdown as a scapegoat, U.S. USDA has unlawfully suspended funds for the Supplemental Nutrition Assistance Program, SNAP, for the first time in the program's history, informing state agencies that the federal government will withhold all November benefit payments. Trump and Rollins are cutting off benefits for more than 41 million Americans, 41 million Americans, red states and blue states, folks who rely on SNAP to put food on the table, even though there are billions of dollars. in contingency funds and other funds that could be used to provide SNAP benefits during the shutdown. They are doing this on purpose. It is deliberate, it is intentional. They have the funds, they're just not using them. The vast majority of SNAP recipients
Starting point is 00:27:29 are families with kids, elderly individuals, and people with disabilities. These are our most vulnerable. Society should be judged on how we treat the most vulnerable. Trump gets an F for what he is doing here, to our kids and to our most vulnerable Americans. Here in California, our SNAP program, CalFresh, supports 5.5 million Californians every month, including 1.9 million children.
Starting point is 00:27:57 All of them are counting on this program. They're counting on their government to follow through on its promise and to provide the support that they need. In abruptly suspending SNAP, Trump and Rollins have broken the law. They have forced states to scramble, to try and clean up the federal government's mess. And worst of all, they've left 41 million Americans unsure of where their next meal will come from. With today's lawsuit, our coalition of 23 attorneys general and three governors who are standing up for the people in their state have made it clear that we refuse to stand by and allow the Trump administration to arbitrarily and unlawfully do away with a decades-old safety net program the country's most important tool for fighting. against hunger. And as I said, we had the Pan Bondi clip. Now we got the Rob Banta clip. I'm going to be doing another interview of Rob Banta about that lawsuit. It'll be up on Midas Touch and Legal
Starting point is 00:28:58 AF tomorrow. They're seeking a temporary restraining order as they should. They got all the blue state Democrats. I guess the other states don't care. I guess the red states don't care about their children of their state dying from malnutrition. We do. That's a reflection of our values as a party and the values of the Democratic Party. So I think that's very important. When we come back, I want to talk in detail about this auto pen, pardon, fake scandal that the Oversight Committee, who apparently has time to issue reports, but no time. run by MAGA to help the American people at all. And so they issue a report. It's all choreographed
Starting point is 00:29:53 with Pam Bondi, who says we're looking into it to try to undo pardons and clemency. Not going to work. There's no judge that's going to allow this. Partons have been a part of life since 1803. Thomas Jefferson issued one of the first pardons. They don't have to be done in writing at all. There's no evidence that Joe Biden was encompassed Mentis didn't know what he was doing when he signed it. In fact, he's already been interviewed, not by the Oversight Committee, but he's been interviewed and said he knew exactly what he was doing when he authorized several thousand pardons and commutations. I mean, what they think he was going to sit down and sign 2,500?
Starting point is 00:30:34 I don't think Donald Trump signed 2,500 to cover the Jan 6th partons. You know, he did it with like one, one signature. But, you know, we had individual signatures for 2,500 people, and nobody would ever expect him not to use an auto pen. And Trump used an auto pen as well. I'll cover that. And I want to talk about the new appeal that's been filed. And another interview I'll be doing tomorrow of Governor Shapiro about a voting rights lawsuit and what Pennsylvania intends to do about it. So a lot to cover, many ways to support what we do at the intersection.
Starting point is 00:31:16 As I said at the top, First Amendment speech is being crushed or attempted to be crushed by the Trump administration. So in order to fight back, there's ways to do it. The subscriber base for Midas Touch and for Legal AF YouTube channel is very important to keeping us on the air, to keeping the content in, to getting the interviews that we want. Because the bigger we are, the more your voice can be heard because we're able to expand our network. our interviews, our team, and all of that. So hit the free subscribe button on Midas. Come over to LegalAF YouTube. We're going to hit 900,000, I think over the weekend,
Starting point is 00:31:56 on our way to 1 million subscribers in just over a year. Okay, we built this for the break the glass moment, and now we need your help. No paywall, no outside investors. Hit the LegalAF subscription button. Then we formed this LegalAF substack, where in just in four or five months, we have 100,000 subs, subscribers, sorry.
Starting point is 00:32:20 And there we're putting in real time, live reporting, articles, analysis, all these filings that I talk about that you can get. And if you can swing a paid membership, which is less than $7 a month, not a week, will overwhelm you with a return on your investment, that like a cornucopia of information, at the intersection of law and politics.
Starting point is 00:32:48 So those are the ways to support what we do. The intersection is a podcast doing great because of you. Come over to the audio platforms of Spotify or Apple and look for the intersection, leave comments. I think we've got three or 400 reviews. Let's up that number. It's the hummingbird theory. It all helps keep us in the top 100 of all YouTube channels
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Starting point is 00:36:32 What are you waiting for? Give your cat the food she deserves for a limited time because you are illegal A.F listener, get 60% off your first order plus free shipping when you head to smalls.com slash legal A.F. One last time, that's 60% off your first order plus free shipping at smalls.com slash legal AF. Welcome back to the intersection. Let's get to the auto pen BS, shall we? The pardon power, the power of the presidency to pardon is in the Constitution. It doesn't say you have to use a pen, doesn't say you have to use a piece of paper. it doesn't say you have to sign it yourself or you it doesn't say there even has to be anything
Starting point is 00:37:13 could be oral it is a pardon of the president to power it is unlimited it can't be challenged it is what it is it's been going on since the 1700s Thomas Jefferson used an auto pen or a version of it in 1803 uh Trump used auto pens just because in his final days when he pardoned all the Jan Sixers, or at the beginning of this term, when he pardoned all the Jan Sixers, he did it in one two-line pardon instead of individual pardons. That doesn't make a pardon valid or invalid. But the Oversight Committee, which is Donald Trump's hand puppet, led by Jim Jordan, did a whole BS 90-page report, which they interviewed a lot of Biden, um, uh, AIDS about what he did or didn't know at any given time.
Starting point is 00:38:08 Look, Joe Biden has already given public statements in July, if not later, in which he said he was compass mentis. He had all of his faculties. He knew what he was doing, and everybody knew it, and the autopad was at his direction on every one of those sentences. You may not like the sort of sundowning of Joe Biden towards the very end, but it doesn't mean he wasn't competent to do his job, just as Ronald Reagan, who is in the throes of dementia, we now know, and Nancy Reagan running the office.
Starting point is 00:38:42 Nobody's going back and challenging the last year of the Reagan administration at all. But, you know, Trump's been trolling Biden and therefore trying to undermine the Democratic brand since he's been in office. You know, he put all the photos of the president in the walkway leading to the Rose Garden or whatever's left of the Rose Garden these days. And he put an auto pen with Joe Biden's signature instead of his photo. It's ridiculous. He should worry about greater things.
Starting point is 00:39:15 While Americans suffer, he's building a golden ballroom and took a wrecking ball to the White House. Why does he just knock over the White House and say, oops, I want to start over again. It's the people's house. He's scarring it. And now we've got the reporting, for instance, that Benny Thompson of the Jan 6 Committee just sent a demand letter on letterhead to every contributor, corporate contributor to that ballroom
Starting point is 00:39:43 about how they've contributed to the ripping a hole in the heart of America and tearing down the East Wing, which had been the repository of everything that's great in this country and about First Ladies, which is where their offices were, until it was destroyed. by Donald Trump and a peak of anger and spending money that he doesn't have, redirecting money away for research and development and slush funds and trying to prop up his ballroom, which is now going up 50% in price,
Starting point is 00:40:14 and he's only been at it for about a month and a half. So this auto pen, Pam Bondi, who is a low light, who is a crash test dummy when it comes to being a lawyer of any repute, she's not smart she never was considered smart that's not how she got her jobs in florida as the attorney general or now or as the impeachment uh the impeachment um lawyer for donald trump and for her to say well we're looking into it we're going to go look at all of these things it's just another way for donald Trump to try to troll the democrats undermine the brand get to a one-party system he's doing it with a
Starting point is 00:40:59 attacking voting, trying to suppress your vote, trying to make it harder for you to vote, trying to take away all the Democratic advantages. And now he's going after the icons and the idols of the Democratic Party. Letitia James, Bill Clinton, Barack Obama, and Joe Biden, et cetera, et cetera. But I will repeat, there is nothing in the Constitution that says it has to be done in writing. presidents going back to Thomas Jefferson have used auto pens, Donald Trump used an auto pen, and I think the interesting missing part of the Oversight Committee report, we're going to post that on Legal AF substack as well, is they never interviewed Joe Biden.
Starting point is 00:41:43 How about interviewing Joe Biden? No, they didn't want to interview Joe Biden. They wanted to edit and leak and cut and paste to make their argument. to give Pam Bondi, who's floundering as the Attorney General and the Department of Justice some sort of lifeline to prop her up, and we'll continue to follow that story on the intersection and on the Legal AF YouTube channel. Now, in the middle of the night, literally,
Starting point is 00:42:19 Donald Trump finally got a round to filing his appeal of his 34-cath criminal conviction. in New York, you may recall that Donald Trump is the only president to have ever been convicted of felonies and the only president with a felony record to become president again. In the 34 count, there were the prosecutors, which were the Manhattan District Attorney's Office, convinced the jury of 12 in New York of Donald Trump's peers, 12-0, that he committed effectively two crimes. The crime of business record fraud in the Stormy Daniels, election interference, hush money cover-up case, where the three, two out of the three
Starting point is 00:43:00 members of that conspiracy testified against him, David Pecker of the National Inquirer and Michael Cohen, his former lawyer, and that was done in conjunction as the jury concluded to support a second crime, which in this case was election interference. Put those two things together, you get a felony. Now, Judge Rashon didn't sentence Donald Trump to jail. jail time. He suspended his sentence, but kept the felony on the books. Suspended the judgment, if you will. Now Donald Trump has hired his, has hired lawyers at Sullivan and Cromwell. I just did a new hot take video that's up on Legal Aaf exploring their conflicts of interest to file their his appeal. The top story is not he filed an appeal raising the shop-worn arguments,
Starting point is 00:43:54 tired arguments that have failed before. Oh, Judge Mershahn's daughter worked for a democratic strategy and fundraising company. So he should recuse himself. Why? She's allowed to have, this is 2025. Daughters and wives are allowed to have jobs. That doesn't mean that it disqualifies their husband. So it says the ethics rules.
Starting point is 00:44:14 Oh, he contributed $25 or something to act blue once. He was cleared of any ethical violation related to that. There's nothing in Judge Bershan's actions. his background, his history, his statements that indicate that he is unethical, as opposed to all the people that are in the Department of Justice. It's always ironic when the Trump administration or Donald Trump is arguing about somebody else's ethics, right? Like Lindsay Halligan talking about the ethics of Pat Fitzgerald, the lawyer for James Comey, you know? Oh, he's shocking. So Sullivan and Gromwell has been the government's lawyers trying to negate.
Starting point is 00:44:54 negotiate against other law firms to get them to settle with Donald Trump like Paul Weiss, then flipping sides and becoming Donald Trump's lawyer, while at the same time their firm is rewarded by having the U.S. attorney in Manhattan be one of their partners with a revolving door that just reeks of corruption and lack of ethics. That's what I read when I read, you know, when I read the new filing. I read the filing by the Sullivan and Cromwell firm and it's and it's vice chairman and I saw corruption and lack of ethics related to it. Now it's at the first department appellate division in New York of which I'm a member. It's the same appellate court, not the same panel though, that ruled sort of for Donald Trump on the fraud case, Sullivan Cromwell, brought
Starting point is 00:45:52 that too because they kept the fraud in place but they knocked down the 450 or 468 million judgment and that's up on appeal to the court of appeals which in New York is the Supreme Court the highest court so we'll see what's going to happen I'm sure Trump's going to lose at the court of at the first department appellate court and then it's going to go to the court of appeals but the story is a lack of ethics of the Sullivan Cromwell firm in New York and you know major firms in New York all ran away from Donald Trump, found him radioactive in 2020, especially in his role in Jan 6th, the insurrection. But then he went after all of them and got 14 of them to bend the knee and to agree to get rid of their diversity, equity, and inclusion programs, to get rid of their
Starting point is 00:46:39 pro bono programs to support people who needed help but couldn't afford it and give a billion dollars worth of free legal service to the Trump administration, some of which are being used on these illegal tariffs that are about to be hopefully declared illegal by the United States Supreme Court. So that's the takeaway from the Trump appeal. Finally, let me just touch on what is coming up with the United States Supreme Court. On the 5th of November, and we'll have it up on legal AF YouTube, there is going to be an oral argument about whether Donald Trump's tariffs are legal or not. I wouldn't say constitutional, but it is constitutional. Because he claims his powers come from something called the International Economic Emergency, the International Economic
Starting point is 00:47:27 Emergency Powers Act, IEPA. And when he got, but there has to be an emergency, and there has to be, and there's nothing in the IEPA about tariffs. So he's already lost that two other top courts, the International Court of Trade and the Federal Circuit Court of Appeals. Now it's up at the Supreme Court. Now there's briefs coming in all left and right. States and economists and others, Chamber of Commerce are all writing telling the Supreme Court to find that the tariffs are illegal. That would be a $1 trillion setback for Donald Trump. It's the hallmark, it's the foundation, the linchpin of his domestic and foreign policy. So there's going to be all those briefs. It's going to be all those arguments. The Wall Street
Starting point is 00:48:12 Journal just came out and told the Supreme Court they should tear down the tariffs and find them to be unconstitutional. So we're going to have to follow that because they should under AEPA. And the reason that Donald Trump was triggered by Doug Ford of Ontario last weekend
Starting point is 00:48:32 where they ran the Reagan clip talking in 1987 about why tariffs are bad and while he was going to have to do a tariff against Japan about the semiconductor war, the chip war at the time, they generally are on
Starting point is 00:48:49 patriotic and bad. Donald Trump did like that. Now, Ronald Reagan was a free trader. He wasn't a tariffor. And the courts have ruled that what he did against Japan in 1987 was not a tariff. It was really a sanction, but not a tariff on 138 countries, which can only be done by Congress under the Constitution. And that's with the Supreme Court. That's where the rubber meets the road with the Supreme Court. I like doing this show with you. You know, I think you know me from Legal A.F. I've been doing it five years now, Wednesdays with Karen Freeman, Ignifalo, Saturdays with my co-founder, Ben Miscellus. You see me in about 40 videos a week, but here it's different.
Starting point is 00:49:30 My approach is different here at the intersection, and I'm so glad that you have found this show to be rewarding for you and you're part of this audience. Don't forget the ways to support us. Come over to Legal AF YouTube, help us cross that one million subscriber barrier. subscriber base is what drives YouTube and it's what drives the legal AF ecosystem and we need it take a second just check to see if you've already maybe you've subscribed already just go and check and you'll know come over to legal AF substack hit the and become a member and think about becoming a paid member for $6.77 cents a month that's how we frankly keep the lights on that's how we pay the editors
Starting point is 00:50:14 that's how we pay the bills that's how we get the research teams that's how how we we do our work here. We're on a shoe string, but that pays for the shoe string. And we could really use your help there. And that's the way to do it. Of course, we've got our sponsors. We've got this podcast, which you can vote and take a receipt. Go over on the audio podcast platforms. Watch us on YouTube. Of course, leave comments here. Come over to the audio podcast platforms and leave five-star reviews and notes there as well. So I'm glad you're here. You'll see me on the Midas Touch Channel on Legal AF, on the Legal AF, midweek edition of LegalAF, that's tomorrow. And on the interviews that I've got coming up, Rob Banta, Attorney General of California,
Starting point is 00:50:59 you'll see me with tomorrow, Governor Shapiro of Pennsylvania in the next 24 hours. And then lastly, in the middle of November, on the 19th of November, I have the pleasure and honor of hosting or being asked to interview, if you will, As many of 23 Democratic Attorneys General as I can get into a room in Arizona during one of their conferences, I'll be interviewing them in panels. I'll be interviewing them one-on-one. You need to hear about the first responders that are protecting our Constitution and our rule of law. And that is the attorneys general for the blue states. And I will have them on Legal A.F. and on the Midas Dutch Network.
Starting point is 00:51:41 So thanks for being here. Until my next report, I'm Michael Popok. I'm Michael Popok, and I got some big news for our audience. Most of you know me as the co-founder of Midas Touch's LegalAF and the LegalAF YouTube channel, or as a 35-year national trial lawyer. Now, building a what we started together on Legal A.F, I've launched a new law firm, the Popak firm, dedicated to obtaining justice through compassionate and zealous legal representation. At the Popak firm, we are focused on obtaining justice for those who have been injured or damaged
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