Legal AF by MeidasTouch - The Intersection with Michael Popok Full Episode - 11/4/2025

Episode Date: November 5, 2025

On a special Election Night in America episode of The Intersection Podcast, Michael Popok covers: Halligan’s “US Attorney” position on life support with new court order. Federal Judges jumping ...on Trump’s denying 42 million people anti-hunger finding. A federal Judge issues an emergency injunction against Trump and his abuse of the National Guard on Blue Cities. And the MAGA 6 are the hottest of seats firing tomorrow’s landmark Trump Tariff Supreme Court’s hearing. Lola Blankets: Get 35% off your entire order at https://lolablankets.com by using code LEGALAF at checkout. Experience the world’s #1 blanket with Lola Blankets. Mack Weldon: Go to http://mackweldon.com/?utm_source=streaming&utm_medium=podcast&utm_campaign=podcastlaunch&utm_content=LEGALAFutm_term=LEGALAF and get 20% off your first order with promo code LEGALAF Watch Election Night coverage here after this show: https://www.youtube.com/live/AZmBfHuvQ1g?si=uHQLNez5tVXSZpIN 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 00:00:22 19 plus Ontario only. Please play responsibly. Concerned by your gambling or that if someone close, you call 1866-3-3-1-2-60 or visit comixonterio.ca. that's annoying what you're a muffler you don't hear it oh i don't even notice it i usually drown it out with the radio how's this oh yeah way better save on insurance by switching to belair direct and use the money to fix your car bellair direct insurance simplified conditions apply welcome to a special election night in america edition of the intersection with michael popock welcome to the Midas Touch Network and stay immediately after the intersection, which is going to have for the first time ever a live guest, a surprise live guest, stay to the conclusion because we're going to
Starting point is 00:01:07 throw it right over to the Midas Touch coverage all night of election night in America, important races in New Jersey, in California, in Pennsylvania, and in Georgia, municipal races. And this is now an effort first time that we've had the opportunity with an election night since Donald Trump's been elected to send a message loud and clear to renounce Donald Trump. His Trumpism, Trumponomics, his lawlessness, his depravity, his immorality is all on the ballot today in various ways, whether it's the governor of New Jersey, which based on The results so far of knowing who voted will be an overwhelming, I believe, victory for Mickey Cheryl in New Jersey, in Virginia, in the governor race there, in California, Prop 50, and whether they're going to be able to redo their maps to add five seats to their congressional maps. And the special guest I have is going to be coming in right after our ad break is going to be Attorney General Rob.
Starting point is 00:02:20 Banta because this is a show that's devoted to justice to the rule of law and I can't think of anybody better right now to have with us than Attorney General of California Rob Banta and he's got a big win in Rhode Island no not that one same judge though chief judge McConnell of Rhode Island has no fear chief judge McConnell of Rhode Island has no fear he issued not one but two waters in the last 24 hours against the Trump administration. In one, he issued a injunction forcing SNAP payments for the underprivileged in America, 40 million of them who deserve not to die from malnutrition. But he went to one step further. He just also issued today an injunction, and that's the SNAP, thank you. He also issued an injunction against the Department of Transportation for trying to tie the
Starting point is 00:03:19 the, there we go, trying to tie immigration requirements and immigration policies against the use of grants in transportation. Let's bring the screen back to me. Okay. So Judge McConnell, Chief Judge of Rhode Island, very important. And Rob Bonta is going to talk about all of that when he joins us in the afternoon. Lindsay Halligan in hot water. Lindsay Halligan, It looks like she's ever so close to being bounced by Judge Curry. And Judge Curry issued an order today. She's the judge presiding over the disqualification motion against Lindsay Halligan for it being illegally appointed. And she's none to please, Judge Curry, with the spoon feeding or hiding of grand jury information.
Starting point is 00:04:10 She demanded that the Trump administration and the Department of Justice turn over for her review all documents. and she meant all documents related to Lindsay Halligan's participation in the grand jury process to obtain those indictments against James Comey and Letitia James. And she meant all. She didn't get all. She didn't get anywhere close to all. And she issued her new order. We have a lot of orders being issued now that are important to our audience.
Starting point is 00:04:36 The 11th Circuit Court of Appeals issued an order telling Judge Cannon to, you know what, or get off the pot. She's got 60 days, now 57 days, to issue horse. her order about whether volume two of Jack Smith's Mara Lago final report that's been buried with Pam Bondi is going to be released to the American public. That is an issue that's up for grabs. The 11th Circuit has told Judge Cannon, get off the stick, make your ruling American oversight and the Knight Foundation, both filed motions to intervene in the prosecution of Donald Trump. that case at Baralago for the sole purpose of revealing to the American public,
Starting point is 00:05:22 the now long-hidden, volume two of Jack Smith's report. Jack Smith is back in the news. I like the talking of Jack Smith. I liked the one. I liked him when he spoke softly and carried a big indictment. I like that too. But we used to joke about him on the Midas Dutch Network and Legal A-F. He was the subway guy.
Starting point is 00:05:41 He had the subway sandwich under one arm, a thermos in the other, just chopping wood, doing his job. You rarely heard from him unless he had an indictment or a superseding indictment or a final report to talk to the American people about. But now he's, you know, it's a classic for those to remember the movie Taxi Driver and Robert De Niro, you're talking to me? You want you want to indict me? Then I want to talk to the American people and finally get my chance to disclose to them what I know about the criminality of Donald Trump and maybe others like Cash Patel because I was denied that opportunity when the Supreme Court. shut down my cases under immunity, the immunity decision, and I was denied that right in the Mar-a-Lago case at all. Jack Smith doesn't want to be behind a closed door, you know, twiddling his thumbs with
Starting point is 00:06:28 the oversight committee of the House. He wants to speak to the American people, and we certainly wanted to. In fact, I just interviewed, and it's up on Legal AF YouTube right now today, I interviewed along with Lisa Graves, Senator Blumenthal of Connecticut, about the weaponization of the Department of Justice, about the corruption of the Trump administration that they're trying to rein in. And he's the ranking Democrat, the ranking leader on the Senate Permanent Committee on Investigations.
Starting point is 00:06:57 And Senator Blumenthal said two things. One that sort of blew my mind. And my mind is not easily blown for those that know me pretty well. One thing he said was, I said, you need to get Jack Smith in front of you. I had to tell Senator Blumenthal all that. And Senator Blumenthal said, absolutely, we've invited Jack Smith. We want him to testify in our, what they call the shadow hearings, and he will.
Starting point is 00:07:23 And so I think one way or the other, we're going to hear in public under oath from Jack Smith about his cases. That thing that blew my mind, though, is we were talking about how do you rein in when you're in the minority? and hopefully we'll start changing that in tonight's election in terms of the direction of the country. But right now, the Senate, you know, the Democrats are in the minority, especially in the Senate. How do you rein in? And he said, well, one of the things that we were there, every moment in history has had a whistleblower, somebody within the Department of Justice, for instance, that comes forward while they're still employed to talk about the criminality of the Department of Justice. They have already, and this was also sort of breaking news, they have already alumni and
Starting point is 00:08:15 alumni of the Department of Justice working with the Senate Democrats about where the bodies are buried, maybe literally within the Department of Justice. But the fact that he said we're waiting for the whistleblower, it was almost like a call to arms for somebody with conscience and courage within the Department of Justice to come forward and speak to his committee. And he believes it's going to happen because it always has. And we certainly support his efforts. And our audience would support morally, emotionally, and otherwise the courage of somebody to step forward at this moment in time, just as they did during the Nixon White House,
Starting point is 00:08:55 the other criminal president that we had, and all of that. So on this special election night, it's special for many, many, many reasons. It's our first opportunity to really vote. I mean, there's been special elections. The Democrats certainly have done well in those. But this is a broad-based election tonight. And this should be a referendum on Donald Trump. And I don't want to go out of the limb, you know, and talk it up and they'd be like, oh, crap.
Starting point is 00:09:19 It looks like Trump did well tonight. I don't see that. I don't see it in the polling. I don't see it in the polling. I don't see it in the interaction with our audience that I have on a regular basis. You know, if I'm taking the temperature of America right now, it is completely against Donald Trump. I mean, his polling numbers are in the third. have a three in front of it. It's the lowest polling numbers for a second term for a president
Starting point is 00:09:42 ever, you know, and yet Donald Trump continues to double down against America and to try to crush the soul of America, try to, and basically destroy Americans. I mean, there's no other way when I talk about the food stamp snap program and the callousness and immorality by which the Trump administration operates. And what groups like 23 attorneys general led by Attorney General Rob Banta, who if you missed it at the top of my opening here, is going to be joining as my first live guest ever at the intersection just after our break, he led the charge. He's leading the charge in 50 different cases against the Trump administration, but certainly filed one of the two major cases to try to restart the $8 billion of funding this week.
Starting point is 00:10:31 necessary to give hope and nourishment and food to the most disadvantaged and underprivileged in our society. Those that if you call yourself a patriot, if you call yourself a lover of this country and its values, you need to pull closer to your bosom into your heart, not reject them. And I don't care what religion you are or no religion that you are doing this to the people below the poverty line. Babies, children, veterans, disabled, the elderly is a, we have a word for it in my, in my culture. It's a shonder. It is a sin. And Donald Trump doubles down on it. You know, trolling the most fragile of our population today and forcing groups like the 23 attorneys general and public interest groups like democracy forward to run into two separate courts in New England,
Starting point is 00:11:27 federal courts, obtain orders when Donald Trump again trolls them again, get a different motion filed today on an emergency basis, get a new earring set up in order to get the flow of those funds to people. And if you want to put yourself in the shoes of those Americans, some of which are in our audience, just think what it would be like going to your local supermarket, getting into your basket, not the little goodies, not the basics, the necessities, the essentials, the things you need, for you, your family, an elderly person in your household, a child, a baby in your household, to survive. Basic nourishment. And you put your basket together and you go to the checkout. And you pull out your wallet and you have 56% of what you need, which is what Donald Trump
Starting point is 00:12:13 proposed to do. You think you're going to be able to go to the parking lot with your shopping cart or walk out the front door? You're not. And so the fact that Donald Trump would use as as human hostages, political hostages, the most fragile in our society, tells you everything you need to know about MAGA, everything you need to know about the depravity of the Trump administration, and why we've got to run them out on a rail, come the midterms. But as Senator Blumenthal, and I also have the, this is a big week for me for interviews, And therefore for you, I had the honor of also interviewing with Lisa Graves, Representative Grahava of the fighting seventh congressional district in Arizona about her not
Starting point is 00:13:01 being sworn in and her inability not only to represent the 800,000 people were that make up her district, but Latina and the Mexican-American community and the Latin and the Latin female community in America who need her voice in the halls of Congress. And she's being denied that and they're being denied that so that Maga Mike Johnson can keep Congress shut and not have an Epstein vote about the files, which Representative elect Graha said she's going to sign the petition to discharge the bill to the House floor about the Epstein, the Epstein files. She's been the survivors of Jeffrey Epstein, many of them have rallied around Representative Grahava.
Starting point is 00:13:47 But she said the same thing that Senator Blumenthal said. They just didn't know. It was back-to-back interviews, but I don't think they could not have heard each other. And they said that voting is a muscle. Voting is a muscle that atrophies if it's not used. And so now is the time. Today was a day. We'll have others to practice, to make sure you're registered,
Starting point is 00:14:08 to make sure you can absentee a vote. You can mail-in vote. you can early vote, you can, and you're registered to do all those things. I assure you if you are in a red state or a purple state, the rules have changed on you about your registration. You may have been taken off the rolls. Now is the time to find out as we are here in election night in America. Let me, let me now pick up with the Halligan matters.
Starting point is 00:14:40 Then I want to turn to snap as we kind of move in. into the period where I'm going to have Attorney General Rob Bont to join us tonight. And thank you for our audience tonight. We had like a thousand people at the door, at the gate, as they say, as we were about to open. And just as another reminder, we'll put a link, I think there's a link in the notes. But as soon as this is over it, right, right at 8 p.m. Eastern Time on the dot, we're going to transfer it over to the Midas Touch election night coverage. You're not going to want to miss that.
Starting point is 00:15:09 I'll be there later in the evening to talk about how the, law and politics, the legal cases, the ones against the Latin community, the immigration, just, you know, the inhumane immigration policy, economic policy of the Trump administration, how that impacted, the Latin vote tonight, how that impacted the independent vote, the women vote, those that support and defend the Latin and female population in this country, because it has an impact. When Donald Trump trolls poor people today on election day, that's not a good thing.
Starting point is 00:15:50 I saw if I could ever feel sorry for him, which I never could. I saw a picture today, I don't think we have it, but I saw a picture today of like a lonely Donald Trump shrunken down to size with a red hat, Lord knows what it said on it, walking through that corridor along what used to be the Rose Garden, now some sort of motel six patio on the way to who knows where,
Starting point is 00:16:15 which is wandering, wandering around by himself on election night. You know, he probably did a mail-in ballot somewhere, Lord knows where, back in Florida, even though he constantly attacks that. So speaking of attacks, let's transition to Lindsay Halligan and her problems. Where do I begin? Maybe she shouldn't take, she shouldn't have taken the job. of becoming the U.S. attorney for the Eastern District of Virginia with absolutely no experience. I mean, it's like a Halloween costume.
Starting point is 00:16:49 She put on the federal prosecutor's costume, showed up at the grand jury room. I'm here. What do I do now? I scrubbed in. Where's the brain surgery start? You know, Karen Freeman, Ignifalo, who's with me on the LegalAF podcast, talks often about the training that goes into being a prosecutor. And like, you don't start with the attorney general of a state.
Starting point is 00:17:09 for mortgage fraud or the former FBI director. You start with like public urination or intoxication and you work your way up to maybe 10 years later handling a case like this. Nope, Lindsay Allegan, within hours of being knighted as a federal prosecutor with zero experience in that arena goes in and gets her indictment. And Lord knows what she said to grand juries to get those indictments. I mean, you know, did she violate the Sixth Amendment rights of the two political critics of Donald Trump? James Comey and Letitia James. Lord knows what she said. Did she hold them hostage?
Starting point is 00:17:43 Why did the one for Comey go to Lama 7 o'clock at night? Why did she walk out with two pieces of paper that both said indictment when only one could be? Did she, you know, there's magic language you can use, you should use as a prosecutor when you're in a grand jury. And then there's cardinal sins and the golden rule that you can't violate and things you can't say. And how many times do you think she crossed over those lines and said things she wasn't supposed to say? And now two different groups want to find out what she said in a grand jury. Judge Curry in South Carolina, she issued an order because the motion to dismiss or the motion to disqualify Lindsay Halligan for being illegally appointed was assigned outside of Virginia to a South
Starting point is 00:18:30 Carolina federal judge named Curry. Now, she doesn't need to know what happened in the grand jury in order for her to rule whether under a statute called 546, the Vacancy Reform Act, whether statutorily from an interpretation standpoint, Lindsay Halligan was properly appointed or not, or she's one too many acting interim U.S. attorneys appointed by Pam Bondi, like she's number two and she could only have number one and then you turn it over to the district judges of Virginia, of Eastern District of Virginia. She doesn't need to know what happened in the grand jury. She only needs to know that. If she's also properly focused on remedy, what do I do if I, if I determine that Lindsay Halligan should be bounced as a prosecutor? What do I do with the indictment? What was her role
Starting point is 00:19:17 in the grand jury? Was somebody else there for her? I know she signed him, but maybe somebody else was there. What did she say? So she demanded, Judge Curry, by five o'clock yesterday, that the entirety, all documents related to the grand jury and the transcripts, the documents related, and internal communication, whatever, about Lindsey Haleg him a turtover. And she didn't get it. She got a half-ass transcript, spoon fed to her by the government. Like, there you go. Now, look, I've been a federal practitioner in courts like this for the last 35 years.
Starting point is 00:19:48 And when a federal judge or any judge in a black robe tells you to do something, you don't deviate from that. You don't do half of it. You comply or you're in contempt eventually. So she gave them one more choice, chance. She issued an order. It's up on legal AF substack for you today, which Judge Curry said,
Starting point is 00:20:11 I looked at what you sent me, and you didn't give me everything. And she's especially interested in the two indictments, the case of two indictments, which you're not supposed to have two indictments. You're supposed to have one true bill of indictment. But Lindsay Allegan came out with like two pieces of paper, and the, I hate to, you know, use to make it comical, but it's like, you know, I have a young daughter,
Starting point is 00:20:36 you know, be like a toddler coming home. Look, I got two report cards. Only one can be real. So she comes out with one that's an indictment for three counts against James Comey and one for two with some marginalia written by the grand jury. And they're both signed. And the judge said, sorry? The magistrate judge said, how do you have two? She says, no, I only signed the one with the two counts. She said, no, you signed both three and two. And so the judge, Judge Curry, and her order said, yeah, I want to get to the bottom of how that multiple indictment thing happened as well.
Starting point is 00:21:10 So they have to Wednesday. And if she doesn't get it by Wednesday, then she's going to start progressive discipline. She's going to start doing contempt proceedings and fines and calling everybody in. And this hearing's going fast. I was on with Adam Classfeld, all rise news on a substack live today. I think I heard him say that it's good. I think the hearings next week on whether Halligan gets bounced. And the context, the backdrop for this is not great for her.
Starting point is 00:21:35 You know, a federal judge bounced the U.S. attorney in L.A. You know, Alina Haba's about to get bounced by the Third Circuit in New Jersey. She's getting bounced. Now, whether on appeal, first to the Fourth Circuit and North Carolina, and then over to the United States Supreme Court, we'll have to see. I've read through their analysis. It's not very good. I'm talking about the Trump administration.
Starting point is 00:22:04 And Bondi knows it because Bondi's now backdating documents. Nothing says I've got a problem, like a backdated document. So in particular, I'm just checking them on my guest. According to my producer, A.G. Banta has confirmed. He will be in after our break. when you backdate a document, which Pam Bondi did, to retroactively validate the indictment that Lindsay Halligan did back in September, you're in trouble. And so she filed a document where she said, I, Lindsay, I, Pam Bondi, as the attorney
Starting point is 00:22:41 general and the power of no case cited, no statute cited, I hereby ratify everything that Lindsey Allegan did. Really? I don't think that's going to work either as Judge Curry ultimately makes your decision. And then we'll have to see what happens to the indictment because Comey's filed three or four motions against the indictment. And Letitian James is about to file her motions against the indictment, her particular indictment, as Letitia James also wearing her hat as the New York Attorney General is also fighting off subpoenas that the federal Department of Justice has served on her in her capacity as the Attorney General of New York to find out why she went after Donald Trump before he was president about his persistent
Starting point is 00:23:27 fraud for 10 years in the state of New York along with his family. Because it still sticks in Donald Trump's craw that his companies in New York are still under a monitor, a former federal judge who watches everything, that an appellate court affirmed the fraud that was found by Judge Angkoran against Trump and his kids for falsifying business records and personal financial statements. So now he's having his Department of Justice go after Letitia James led by John Sarkony up in the Northern District of New York and Ed Martin, you know, the weaponization guy down in D.C. So she's got to fight all that off as well. So, you know, look, we have that going on, which is important because I think you've got to draw the line in the sand if you're the enemies or the perceived enemies of Donald Trump.
Starting point is 00:24:28 And the eyes of the nation are watching what federal judges do and defense lawyers do to protect these people. Because you know it's going to be Adam Schiff next, or Jack Smith, or Merrick Garland, or Lisa Monaco, or other members of the Department of Justice, or, you know, Christopher Ray of the FBI. You can just see the list that should try to tie the Democrats up in investigations throughout his term to try to sully the Democratic brand. That's all we're watching. And that's why tonight, an election night, which hopefully you'll join Midas in about a half an hour, so important. first opportunity for America, really to respond to what they're seeing and to vote, to actually vote. Polling is great. Crowds in the street, I love, especially the size of them, $5 million, $7 million, $10 million. The wins in court, winning 93, 90% of the time with these cases,
Starting point is 00:25:25 it's fantastic. But there's no substitute for voting. And the results hopefully will be be borne out. We'll be covering them in more detail tonight. Let me give you a quick update of what we're going to cover today. We're going to talk about the SNAP payments, Judge McConnell and Judge Tawani, one judge in Rhode Island, one judge in Massachusetts, orders that have come out and 42 million people's lives hanging in the balance. I mean, there's no other way to put it as the government goes in a day, I don't know, 53, 55, 112 of the shutdown. And every day it's shut down, it is impacting in a negative way and putting them at risk some of the most fragile people in our society that rely on state funding and federal funding
Starting point is 00:26:18 just to survive, whether it's for health care, for drugs, for food, for rent, for shelter, for clothing. And as many billionaires and almost trillionaires that we have in this country, there are not enough food banks charitable organizations in America to fill the need in the giant holes in our social safety net and the giant holes that were blown there by Donald Trump in his administration since the start.
Starting point is 00:26:47 When he cut funding to all the states, he's trying to change the relationship between the American people, the federal government. No, he's trying to throw the most fragile of our population who require social safety net. he's trying to throw them down, down to sewer. He's killing people. I mean, I'm not to put this any better.
Starting point is 00:27:10 He's killing other Americans to make cheap political points. So we're going to talk about what the attorneys general, what the public interest groups on Friday. This is very, very fortuitous. Today, Rob Bont, Attorney General, California leading the charge and one of the two snap cases. Friday, I have Sky Perryman. of Democracy Forward, joining me for an interview,
Starting point is 00:27:35 and we have a playlist with her. She's on legal A.F a lot with us talking about her case because she had another great win. And while we have them, Attorney General Banta had another big win today in front of Judge McConnell, lucky Judge McConnell up in Rhode Island, about Trump administration and Department of Transportation,
Starting point is 00:27:52 Secretary Sean Duffy, trying to tie important infrastructure, bridges and tunnels and roadways that if you don't fix redesign and maintain people die at very high rates of speed and trying to tie that to you need to do immigration enforcement with us
Starting point is 00:28:12 you can't be a sanctuary city or a state even though federal judges have said you can and we're not we're not going to do that bridge project that tunnel project you know that precarious wooden bridge in your community well it'll fall down and this is the carrot and that's so disgusting as it's being used by the Trump administration for reward and punishment.
Starting point is 00:28:39 You know, if you want to be rewarded, okay, then contribute $300 million to the destruction of the White House and the East Wing and the memory of all First Ladies that resided there, or as one first lady called it, the heart of America is the East Wing. If the brains are the West Wing, although I doubt she thought there would be a guy like Donald Trump and the West Wing, but then the East Wing was the heart, and the heart has been destroyed. It's been ripped out. And the dozens and dozens of companies, many of which have major financial ties to the government and business before the government. Many of them, Lockheed Martin alone has a hundred million or a hundred, I think it's a hundred billion dollar
Starting point is 00:29:23 contract with the Defense Department. And others have or had SEC investigation, DOJ investigations or consent decrees. This is a rogues gallery of collecting of collecting all this of all this money from people that had business in front of the government. And so public interest groups are looking into that. Senator Blumenthal and the Democrats are looking into that. We're going to talk about Judge Imbergut. This will tie back to California Attorney General Banta,
Starting point is 00:29:57 who issued an order on preliminary injunction until she issued. She was her permanent injunction by this Friday against Donald Trump's use of the National Guard in Oregon. And while she does that, the shadow of the United States Supreme Court and their ultimate decision on the National Guard will come into play. And then tomorrow, join us on Legal A.F. We're doing a live stream of this landmark oral argument about tariffs, about whether Donald Trump's tariffs on every country on all goods indefinitely. is what the founding fathers envisioned when they created Article 1 giving that power to Congress only and not to the president, and whether the statute that Trump is relying on, which never mentions the word tariff, somehow implicitly gives him that power.
Starting point is 00:30:50 And I'm going to talk about, I'm going to give you kind of a listener's guide of how to analyze tomorrow's oral argument, because I'll know all I need to know within the first 10 minutes that oral argument. I'm going to tell you how about whether they're going to tear down the billions and billions of dollars. I mean, the tariffs, besides this inhumane immigration policy, the hallmark, the framework of the entire Trump administration, domestic and foreign policy, is tariffs. Yet there's no statutory or constitutional right to do what he did. Now, let's see if the Supreme Court Maga 6 have the brass ones to make the right ruling and stop him in his tracks from doing this as being a bridge too far. We're going to talk about all of that,
Starting point is 00:31:38 and I'll bring back a special guest in Attorney General Rob Bonta on this special election night edition of the intersection. But first, we're going to take a moment out for our sponsors. Now, look, there's lots of ways to support what I do, the podcast, and things in the legal AF ecosystem. This this podcast doing great regularly tops the top 100 in podcasts we're sort of brand new on YouTube so but we're on audio podcast platforms like Spotify and Apple leave a five star review tell your friends about it listen to it there send this video off we regularly get a few hundred thousand people watching us send it off and invite them to join our community right as part of their First Amendment expression and then on the legal AF side we just crossed
Starting point is 00:32:24 900,000, we're up to 910,000 subscribers over on Legal AF YouTube. We're going to hit a million subscribers if it kills me. And it's important, not for ego. It's important as it gives us the street cred to be able to bring on guests like Senator Blumenthal and Representative Grahava and A.G.
Starting point is 00:32:40 Banta and all the other commentators and contributors in that universe that you want to hear from. And that's the way you can help us. And then we've got Legal AF substack, where I do lives. I just did a great live today with Adam Classfeld of All Rise News, where we keep you up to date. We give you the actual filings. You can read them yourself from the courts and a lot of
Starting point is 00:32:58 other amazing commentary on legal AF substack. So come over there and become a member there as well. But now we have a word from our sponsors. I love fall. There's something about the fresh air, the cozy vibes. And all the moments it opens up, catch it up with friends, family gatherings, and just enjoying the season. Personally, I'm looking forward to weekend walks and those evenings when you can finally break out your favorite layers. With fall in full swing, more moments call for comfort you can count on. That's why I've been living in Mack Weldon this season.
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Starting point is 00:36:05 such a special night. And right after, we're going to bring you right over to the Midas Brothers who are holding down and anchoring a special election night in America edition of the Midas Touch Network. I'll be joining them later to talk about how some of these lawsuits and legal cases against the Trump administration have impacted voting, and I'm sure it has, as we're starting to see the early returns in. And thank you again for supporting all that we do on legal AF in here on the intersection. It's also a special night because, and I can't think of anybody
Starting point is 00:36:36 better to do this with me, is my first live guest ever on the intersection. And we have Attorney General Rob Bonta of California. Hi, Attorney General Banta. It is so great to be with you again, Michael. Thanks for having me. And our audience, I know, is already thrilled and excited tonight. So much going on that's positive for the Democrats at the polls. You've always talked about crowds, courts, and courage. And we're seeing the crowds at the poll and the courage, the pull the lever against the Trump administration in states, including maybe you can give us at one point a little bit of an update of how Prop 50 is doing and the redistricting map issue that's on the ballot in California.
Starting point is 00:37:19 But we started tonight's episode, I gave him a preview of the SNAP food stamp cases and laid it out knowing that you'd be joining us. And there's two things that I really want to address with you, along with anything else you'd like to share with our audience. One is we're going to talk about a lot, apparently, about Judge McConnell. Because we've got a ruling with Judge McConnell about the SNAP program that came out of a companion case of yours, by democracy forwarded some other groups in front of them. And then 24 hours later, you got a leading of the charge. You got a tremendous ruling against the Department of Transportation and from the same Judge McConnell, right?
Starting point is 00:38:05 We did. And it was a great order today. It was a final judgment in a case that we brought against the Trump administration, the Department of Transportation for improperly, unlawfully, unconstitutionally, trying to impose immigration enforcement conditions on transportation funding, funding that keeps planes in the air, that keeps cars on the road, that helps with our infrastructure, our transportation infrastructure around the country. And they were trying to withhold that funds unless there was a commitment to, by our states, to be engaged in immigration enforcement. And that was found to be
Starting point is 00:38:39 unlawful, as we believed it would be and should be. And today, we won a final judgment. So I just want to be clear about that. We won on a summary judgment. and a final judgment issued. So this is not a temporary restraining order. This is not a preliminary injunction. It's not a early peak at the merits. It's a final, complete decision on the merits. And certainly the case can be appealed.
Starting point is 00:39:03 But we are now, because our cases have moved downfield quite a bit over the last nine months, we're getting to the final stages of some of the cases, past the early emergency relief stage and into the final decision making. And there was some really pointed language in the decision. It wasn't just a sort of neutral decision by Judge McConnell. He said that the Trump administration was lawless and that their violation was blatant. And those were really important terms that we picked up on. And the judges don't always speak like that.
Starting point is 00:39:35 But when the shoe fits, the words are used. And we thought those were appropriate words in this case. Yeah, I want our audience to, and we got about 10,000 people on with us just watching this live. I want our audience to know more about courageous judges and attorneys general who are fighting the fight every day against the Trump administration and its lawlessness. And I put right up there, Judge McConnell. It's not the first time that we've talked about Judge McConnell. He came out of the box early on with a birthright citizenship case order against the Trump administration. And he's not shy.
Starting point is 00:40:06 I did my own analysis of why I thought Judge Tawani in Massachusetts entered her order in your case a certain way. way and why he hours later was like, no, I'm issuing the injunction and start making the payments. I thought, this is my own opinion. I thought Talwani was very concerned about some Supreme Court precedent, especially that happened in our own courthouse with Judge Young, about funding and the Trump administration. I thought she tried to thread the needle by giving them until Monday to come up with agency action, and then she'll consider the TRO. So you were involved with that case. Democracy Forward, McConnell, the same guy you just talked about in the Department of transportation case. He was like, yeah, no, make all the funding. And if you're not all,
Starting point is 00:40:50 if you're not entirely funding on Monday, then tell me Wednesday what agency action you're taking and why to make partial funding. But that has to start this week, too. And yet they didn't do it there. Before we go back to the transportation case, let's stay on Snap for a minute. If you can, and I don't know, you know, I know there's a lot of things you can't. I don't want you to tip off strategy for tactics in such a fast-moving case. But what are the attorneys general doing or what have they done? Now they've watched McConnell kind of step out in front with his orders and the new filing with a hearing now scheduled for Thursday as the Trump administration on election night
Starting point is 00:41:29 tries to come back with, no, no, we ignored Trump's social media post about not complying and not paying. How do you interpret all this and what are you doing in your particular case in front of Judge Talwani? Yeah. And I want to just double click on Judge McConnell, you know, deliberate, thoughtful, thorough, comprehensive, you know, adheres to the facts and the law, of course, and applies it and lets the chips fall where they may. And where the chips fall quite often in the course, in the cases in his courtroom are firm decisions against a lawless, lawbreaking Trump administration. And he's, as you said, not shy about issuing the order, finding the unlawfulness, the unconstitutionalist, saying if it's blatant, saying if it's lawless and then issuing the decision. And I appreciate that willingness to just go with a law and the facts taken and not being intimidated, even when the Trump administration tries to intimidate judges, call for
Starting point is 00:42:28 impeachment, call them so-called judges, discredit them, undermine them. So I appreciate his approach. And I want to point out that what we're seeing now with Democracy Forward, their case in Rhode Island, and the state AG's cases in Massachusetts is what we've seen all along here, which is we're all part of the same effort, the same ecosystem, the same outcome, which is to defend the rule of law, defend democracy, make sure that this president of the United States is following the law. And our position has been that we will meet the president at the boundaries of his authority, and we will say you cannot pass here.
Starting point is 00:43:06 You cannot cross this line. You have meets and you have bounds. you have restrictions and you have limits and you can't do the lawless thing. And so I appreciate that democracy forward is achieving results here as we are at the same time. Judges move within a range of reasonable options given the law and the facts. And Judge McConnell has moved a little more quickly. And that's for the good, for the good of hungry Americans who need food and need it soon. So we believe that the contingency fund, which is $5 to $6 billion,
Starting point is 00:43:40 million dollars will be spent despite Trump's, you know, unhinged and, you know, reckless comments. I know that the attorneys are trying to rein that in and trying to recommit to the adherence to the court order. But the court has ordered that. They need to, they need to spend the five or six billion. Unfortunately, the cost for SNAP benefits nationwide for the month of November is $8 billion. So it will only cover partial payments. Now, my view, and this is shared by many of my colleagues, and I think the law shows this, is that food stamps are an entitlement program. They shall be given. The benefit shall be given to anyone eligible. So the contingency funds is definitely a required source of funding to pay
Starting point is 00:44:28 for the SNAP funds, but I believe that the government needs to find the funding to pay full benefits to all who are eligible to be consistent with law and consistent with congressional statutory requirement. So that's the next step, going to court potentially and requesting that additional funds, including the tariff funds that are used right now in part to pay for WIC, women, infants, and children for that program. I'd like to see everyone who is eligible under SNAP get fed, and that happened immediately consistent with this entitlement program. So we'll see if it happens first through Judge McConnell in Rhode Island or through our case in Massachusetts. But that's the next step in our case to determine how best to achieve that result.
Starting point is 00:45:16 And the irony, A.G. Bonta, irony is the wrong word, is that the very reason the Democrats are not agreeing to reopen the government or that the Trump is not agreeing to reopen the government is over some of these exact same people in America and their need for health care at a reasonable. price through Obamacare. I mean, people, you know, not our audience, of course, but you know, there's all this propaganda out there about what the Democrats are trying to accomplish. All they're trying to accomplish is to fix that aspect of that bill, that budget bill, to make sure that the most disadvantaged people in America, those that we should be pulling tighter to our bosom and should not be rejecting, I don't care what religion you are or no religion you are, that's just immoral and depraved, and then hit them again. So not, only do they not have the health care they need under Donald Trump's program, and that's why the
Starting point is 00:46:09 government shut down at this moment, but those same people are not going to be nourished and are going to go hungry and possibly die while Donald Trump, I mean, I know, I know now who in his high school play played Ebenezer Scrooge. I mean, you know, he's like stealing tiny Tim's turkey. Right? Yeah. You know, the governor of our great state of California, Governor Newsom recently saying Trump is waging a war on Thanksgiving with his withholding of SNAP benefits, waging a war on Christmas with his tariffs, making the costs of toys and it already waged war on Halloween with the tariffs and the high price of candy. But you're absolutely right.
Starting point is 00:46:50 The Trump administration's position has been, we will starve hungry Americans until you allow us to rip away health care from Americans. And it is an insane position to be taken. Health care and food should be accessible and affordable to all in America, the wealthiest country on the face of planet Earth. And the president and the party in power need to negotiate. The president needs to negotiate with co-weekly branches of government. He is not a king. He's not a monarch.
Starting point is 00:47:24 He's not a tyrant. He needs to negotiate in good faith, including stopping his lies about the fact that the radical leftist Democrats want to provide health care to undocumented immigrants. and that's what this is about providing health care to illegal immigrants. That's not allowed under the law under the ACA. So they're not negotiating in good faith. Meanwhile, Trump's focused on his $300 million gold-plated ballroom and was overseas for quite a few days during the government shutdown. But you're right about the humanity here.
Starting point is 00:47:55 The Democratic Party is the party of humanity, the party of compassion, the party of supporting our fellow Americans and helping those who are down on their luck and who need a helping hand, who need food, who deserve health care, and that's what we're fighting for, the well-being and the improved life circumstances of the American people. And I appreciate that that is our goal and our affirmative agenda. And it is righteous and right to be making. Absolutely. If you indulge us a little bit longer, Attorney General Bonta, let's return to that really, it really is earth-shattering. It just so many things happened today, sort of got lost to the sauce a little bit with your big win, final
Starting point is 00:48:38 judgment with Judge McConnell about Donald Trump's attempts through his Department of Transportation to hold back critical infrastructure project money, bridges, tunnels, roads, where people die at high speeds if things aren't fixed, because he wants to get rid of or go after sanctuary cities and states, which federal judges have already told him he can't do. You can't conscript the states and violate their sovereignty or the 10th Amendment to do federal immigration enforcement. You want to do it? You use your federal immigration officers and all these other things. We'll get to the National Guard eventually. But you can't make that happen and then say, hey, you know, that billion dollar tunnel project that you wanted to do or that fill in the blank
Starting point is 00:49:25 project? No, punishment, reward and punishment system that Donald Trump has come up with. So talk a little bit about that and the other attorneys general, how much we're talking about in terms of billions of dollars in that case. Absolutely. And, you know, this is how Trump thinks. He, he, he, everything is leverage. Everything is a negotiation. There's no such thing as just executing the laws that Congress has, has, has implemented and, and pushing out the funds that they've appropriated, which is what the executive branch is supposed to do. He's, he's trying to use this funding as leverage to achieve some other goal that he has that is unrelated. That is an unconstitutional goal, as you have just stated. He's trying to violate the well-established anti-commandeering statute and component of the 10th Amendment, this idea that the federal government can't commandeer or conscript or enlist into service the states to do their job for them and can't try to use funding as a bludgeon and as coercion for that outcome. And this is well-established law.
Starting point is 00:50:29 And under Trump 1.0, he tried to do the same thing. California won then. Just as we are winning now, we were able to prevent him and try to do the same thing. And got a great Ninth Circuit order in that case. But of course, you know, this is what lawlessness is. When you know what the law is, or you've been told what the law is,
Starting point is 00:50:45 you've lost in the same set of circumstances before and yet you try again. And so he's doing that here with the Department of Transportation funding. He did it, by the way, for VOCA funding, victims of crime act funding, the same conditioning of funding on immigration enforcement requirements for the states, and he also tried to do it with Department of Homeland Security funding, funding for counterterrorism, for cyber security, for disaster and
Starting point is 00:51:13 emergency relief. And so, and he's lost each time. And on the Volka case, he raised the white flag, he threw in the towel, cried an uncle, and we won that case. And they're not trying to impose that condition anymore. We won the case on a final permanent injunction and final order on the Department of Homeland Security funding. And then we won today, you know, finished the trifecta, wrapped it up, it rolled it up with the win on the Department of Transportation funding. All told, it's billions of dollars nationwide. Billions. And California always the biggest state in the nation that is the highest recipient of funding, as we should be, with the largest number of people of any of any state so what i what i really want to put a fine point on here is is that you know
Starting point is 00:51:59 we're winning final cases and we're we're we're having judges call out the lawlessness and we're having judges show the courage and the conviction of their duties as judicial officers to let the chips fall where they may follow the facts follow the law wherever it goes and where it keeps pointing to is a repeat offender lawless president who is victimizing the american people where they're trying to strip away funding for the hungry and food for the hungry or or rickenaway health care through the through the legislation that he supports or here trying to take away infrastructure for keeping cars on the road and planes in the air or you know something that's important to all of us for our safety counterterrorism projects and of course supporting victims
Starting point is 00:52:44 of crime that they shouldn't be treated as pawns in this political game that Trump is trying to play and when he tries to war with blue states. who have pro-safety, pro-trust approaches to our immigrant community. So another great win today, among a lot of other really newsworthy occurrences today, but I did want to make sure we highlighted that. Oh, absolutely. And I wanted our audience to understand what the 23 Democratic Attorneys General are doing on a daily basis with your, I keep saying 50.
Starting point is 00:53:13 You might be up to a higher number of cases now in your 90-plus percent winning percentage. You know, it's really remarkable. and Democracy Ford doing the same thing with their over 100 cases. And that makes our audience feel better and sleep better at night, knowing the people like you are leading the charge, running into this burning building that Donald Trump has created, and obtaining billions of dollars of aid that have been held up by Donald Trump. He almost knows he's going to lose these cases,
Starting point is 00:53:39 and yet he does it anyway in order to troll America, to troll the Democratic brand in the blue states. And, you know, on an election night, we have to remember that we have the ability to run the bastards out on a rail. You know, and we're going to do that. And there's two last things while I have you, if you don't, if you'll indulge us. I know, are you going to Washington? Are you going to the, to the tariff oral argument?
Starting point is 00:54:02 I am here as we speak. I arrived a couple hours ago. I'll be in the courtroom, in the U.S. Supreme Court, hearing room tomorrow to witness the argument. And I'll be supportive of the Solicitor General from Oregon, arguing the case on behalf of the states. And, you know, I heard you talking earlier. we'll get in a good sense, but the first few questions and comments from the judges where this is headed. Oh, yeah.
Starting point is 00:54:26 But every court, and there's been three of them have decided in our favor, and I think the U.S. Supreme Court should as well. I'm glad you're there, and maybe I'll try to get you on afterwards to get some initial reaction to the couple hour oral argument. I'm sure this is going to be. We're at a live stream in an illegal AF, and I'll do commentary and some hosting there. But look, for me, it's relatively simple. if every tool in their toolbox, and I'm talking about the right wing of the Supreme Court, should lead inexorably to striking down the tariffs. If you start with statutory construction, or as Amy Coney-Barritt said in her book,
Starting point is 00:55:04 if you're doing statutory construction, read the statute, read the statute, read the statute. Okay, let's read the International Emergency Economic Procedures Act. AIPA, let's read it. Where is the word tariff? There is not. Or as the court, you were involved, or as the Court of International Trade said, this is a tariff against almost every country indefinitely on every good. Where is that in congressional intent in giving up their Article 1 power?
Starting point is 00:55:35 And so that's one. Statutory construction, it's easy. Read the words on the page and tell me where it says he can tariff the way he's tariffed, not at an emergency basis also. That's one. Two, let's use originalism. and textualism. Let's look through Amber at the Constitution and try to divine what the founding father said. Okay, if you use that and you go through, as all the constitutional scholars who have
Starting point is 00:56:01 written Amicus briefs have said, and you start with Article I, the power is solely in the branch, in the congressional branch. So that should be a win. And then finally, the made-up doctrine of major questions, which they've come up within the Roberts Court, which is where, if this is such a big thing, Congress would not have left it to implication or reading between the lines. They would say it expressly, and they'd answer the major question in an affirmative way. So where is that? So under any of those tools that they've established,
Starting point is 00:56:39 they should make short work of this tariff scheme. Don't you agree? Yes, 100%. You should argue the case tomorrow, Michael. But what will they do? You got it down. I think that's what they'll find. You know, I think that the statutory language,
Starting point is 00:56:56 the clear and unambiguous language of AIPA, the textual argument, the historical precedent or lack thereof of Aipa ever being used to impose tariffs. You know, it just goes back to, you know, just a few logical connections. Congress under Article I has the power to tax, tariffs or taxes,
Starting point is 00:57:16 in order for the president to be able to impose tariffs, he needs to have a clear delegation of authority. Aipa is the authority he relies on. It doesn't once mention tariffs in it, as you mentioned, over the 50 years, nearly 50 years of its existence as a federal law. It's never been relied on by any president to impose a tariff. And Congress doesn't hide elephants and mouse holes. There's not some secret tariff authority in there where they never mentioned it.
Starting point is 00:57:44 It's never used before. it doesn't authorize tariffs, clear and simple. That's why three courts have found it. So I think if the, if the justices hew to the law and the facts, as is their job, as they should, this will be a victory for the states who are arguing against these tariffs. And look, Trump has gotten very active in this space. He was going to come in person. Is he not coming any longer? I know Besson's coming. I think just yesterday there was news broke that he's not coming. But he's sending messages, you know, to the justices through his comments and saying this could be, this is the most U.S. most important U.S. Supreme Court, this decision in the history of the United States. It's going to completely undermine our safety, our security, our ability to have the foreign policy that we want. He's really trying to raise the stakes. And I think Americans would say we were doing just fine before these tariffs. Costs were lower. Economic harm was less. So, you know, please strike these tariffs down and give us some relief. And, you know, businesses have filed the amicus briefs here talking about the devastation that they are experiencing with these, with these, you know, reckless tariffs that are hurting our economy. So I think the U.S. Supreme Court will decide the way you are saying. It is very strong textually and statually. Love to have you back to talk about that. And also, and I don't want to cram it in. There's going to be a big decision on a permanent injunction by Friday with Judge
Starting point is 00:59:16 Imurgut in Oregon, which you're involved with as well. Love to have you come back and brief our audience about the results of that. Such a special night on election night in America, MSNBC is already calling Virginia for the Democrat Spanberger as governor. New Jersey, I'm sure, is going to go blue as well, Prop 50 and all of that. And I'm so glad our audience got to hear from you directly here on the intersection. We're going to turn it over to the Midas Touch election night coverage. Thank everybody here for supporting us on the intersection and legal AF. And thank you, Attorney General Rob Bonta. Honored to be with you, as always, Michael. Thank you.
Starting point is 00:59:51 Can't get your fill of legal AF, me neither. That's why we form the legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, morning A.F. What else? All the other contributors from LegalAAF are there as well. We got some new reporting. We got interviews.
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