Legal AF by MeidasTouch - Trump BRACES for LEGAL DISASTER as he CRASHES

Episode Date: November 3, 2024

Ben Meiselas and Michael Popok are back for the weekend edition of the top-rated Legal AF podcast just hours before Tuesday's Election. On tap? 1. pro-Democracy advocates and lawyers are in the mids...t of hand to hand combat to fight MAGA voter suppression lawsuits in real time leading up to Tuesday, and the Supreme Court is not helping; 2. a desperate Trump using a phony suit against 60 Minutes to draw attention away from his failed campaign; 3. Elon Musk is in hot water with a state court judge to rule on an emergency application to shut down Musk's illegal Pennsylvania vote-buying lottery; 4. Trump is being investigated for another hate crime arising of out of his calls to have his political enemy Liz Cheney assassinated by firing squad, and so much more at the intersection of law and politics. Subscribe to the new Legal AF channel: https://youtube.com/@LegalAFMTN Subscribe to Meidas+ at https://meidasplus.com Thanks to our sponsors: Miracle Made: Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. Uplift: Visit https://upliftdesk.com/legalaf and get four free accessories, plus an extra discount off your entire order. Lomi: Visit https://Lomi.com/LEGALAF and use code LEGALAF and checkout to save $50! Zbtioics: Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. Qualia: To boost YOUR NAD+ levels up to 50%, Go to https://qualialife.com/TRUTH for up to 50% off and use code TRUTH at checkout for an additional 15% off. Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:02:24 That's betterhelp.com to learn more and save 10% on your first month. That's betterhelphelp.com. Here it is, the final Legal AF before the election, a moment we've been building and working on together. Four topics I want to hit Michael Popok in this episode. First, we got to talk about Donald Trump's unhinged and potentially unlawful statements as he seems to be intentionally crashing his campaign. He's making these oral sex gestures at microphones, his campaigns attacking the Puerto Rican community. He's dressed up as a garbage man. He's apparently threatening the life of Liz Cheney and that's the intersection of law
Starting point is 00:03:04 and politics right there. We have authorities in Arizona who are investigating Chris Mays, the attorney general says that she was looking into whether a crime was committed with Donald Trump's threats about Liz Cheney during that speech. I want to break down whether a crime was committed. I also want to talk about the big Supreme Court election ruling regarding the provisional ballot issue. The Trump campaign did not want any provisional ballots received after election day to be counted, even if they were sent before Trump filed an emergency petition, the Supreme Court made a big ruling.
Starting point is 00:03:42 We'll go over the ruling, the import there. And we should also talk about what Alito was doing in, he didn't write a dissent, but he was kind of preserving the rights to engage in some trickery if Pennsylvania becomes very, very close. We'll talk about that. You've been covering this on the new Legal AF YouTube channel, Michael Popok Katun. We've been covering it on our channel as well. This is the Elon Musk potential illegal lottery, bribing people to register, to
Starting point is 00:04:14 vote with million dollar payout promises, whether that's real or feigned. We know that the district attorney in Philadelphia filed a state case against Elon Musk. Elon Musk tried to delay that by removing it to federal court. Our legal a efforts, I'm sure who've been watching the processes and procedures. You now know what it means removal from state to federal court. There's got to be some federal question. What happened in the federal court? It was not good news for Elon Musk, which is good news for our democracy. We'll talk about Elon Musk's loss, what
Starting point is 00:04:50 that means, what happens though when a merits determination has to be made, what other trickery is Elon Musk engaging in? It's very Trumpian legal tactics right there. We should also talk about this frivolous lawsuit that Donald Trump filed against CBS for $10 billion. This is Donald Trump's MO. We've seen him do this with Michael Cohen. He sued Cohen for $500 million and then dismissed it when he was too scared to sit for a deposition after Cohen requested Trump
Starting point is 00:05:25 to get to take a deposition. We know Trump's looking for that headline, $10 billion, but I think it just looks so utterly weak that in the closing weeks of a presidential campaign, he's suing CBS because he was too afraid to sit for an interview with 60 Minutes, and he's making up one of his conspiratorial lies that CBS was trying to edit things for Vice President Kamala Harris, which is just so bogus and just so not true But it also opens up all of this discovery. We'll talk about Donald Trump's kind of legal maneuvering there He filed the case in the northern district of Texas before a judge that he appointed you all legal a efforts You see how this is all connected.
Starting point is 00:06:05 Matthew Kazmeric, that Trump appointed radical extremist judge in the northern district of Texas who's made horrible rulings. He's the guy who declared Miffitt Pristone unlawful just because the MAGAs are all filing with this guy because he's giving all these pro MAGA rulings to try to break our judicial system. It's all related. We all need to watch the hustles that are taking place. That's why you have Legal AF and why you have Michael Popak and myself
Starting point is 00:06:37 to try to break these issues down so you understand what's going on. Popak, how are you, sir? I'm doing great, Ben. Hours to the election, the intersection of law and politics, I don't wanna say it's on fire, it's not on. Popak, how are you, sir? I'm doing great, Ben. Hours to the election, the intersection of law and politics. I don't want to say it's on fire. It's not on fire, but it is busy and we need to talk about it. There are lawsuits already coming to fruition to try to take away the right to vote and disenfranchise people while Democrats fight back in various battleground states to make sure that
Starting point is 00:07:02 voters get to vote. We're all, the Democratic Party and the progressives in this network, are all about getting people to vote and have every vote counted and everybody and bend over backwards to make sure that happens. The Republicans in MAGA are scared of people who vote because that means they're going to lose an election if people vote. Polls don't vote. You vote at the polls, but polls don't vote. And the weaponization and the manipulation by partisan polling companies to make it look like Kamala Harris is losing
Starting point is 00:07:31 in order to both suppress the enthusiasm for her and to give Donald Trump and his lawyers a talking point that the election was stolen from him once again, as he's likely heading for a defeat on Tuesday. This is the kind of stuff that you and I have got to cover. The enthusiasm that I'm observing in my world and your world and on the street for Kamala Harris rivals for me. What I watched firsthand for Barack Obama as I campaigned work for him in his first term and in his second term. And the rest of the rest of the media trying to make like two sports
Starting point is 00:08:06 announcers in a blowout, trying to make it look like it's a competitive race, people trying to pump up Donald Trump. And as I said to you before we started this show today to kind of clear our throats and get ready, I have never seen in my life, and I've been a close follower of politics my entire life, all the way through college and beyond, I have never seen a worse run campaign campaign especially in the last two weeks which is when you're supposed to be making your closing argument to the American people than what
Starting point is 00:08:33 Donald Trump has done. You touched on all of those things. We'll talk about them more here. I've never seen a more perfect efficiently elegantly run campaign in the closing two weeks or hours of this campaign than Kamala Harris. And that is what people have to decide upon. Some people have said, when I'm doing some stuff on Legal AF on the YouTube channel, well, Pulpuck's very like energized and passionate about this certain issue. This, this is a hair on fire moment for those who love and believe in democracy and our
Starting point is 00:09:04 rule of law. And that's everybody in the Midas Touch and Legal AF audience. And that's why we do this show. There's no other reason I get up in the morning anymore than to do that and to help get the only person who's qualified to be the next president of the United States elected. If you ever seen the movie Captain Phillips, there's a moment where the ship is taken over and the guy goes, I'm the captain now. And I feel that's a moment for all of you watching the Midas Mighty.
Starting point is 00:09:30 You're the captains now of what the media will become. The corporate media tried to do everything underneath the sun to try to get Donald Trump elected. They tried to run the same stuff they've always been doing, but I really think it's because of your help, Midas Mighty, in getting these messages out to your friends, family, neighbors. It's not just watching these videos
Starting point is 00:09:56 or watching the Legal AF YouTube channel, watching the Midas Touch channel, watching Adam Mockler and all of our kind of partner channels. I know you use those to show people what the media isn't showing them, what they don't get on the news. Like Donald Trump on Friday night, doing gestures of like oral sex to a microphone like this.
Starting point is 00:10:19 Here, let's show that. So, I had a girl. Let's show that. So, I had a girl. No, I did a longer 11, 13 minute video on it where you could go, well, what's the context? There really isn't any additional context needed. The microphone wasn't working, like that happens in all of his speeches.
Starting point is 00:10:39 He then says he's not gonna pay the vendors, which there is an intersection of law and politics They're probably breach of contract for sure not on the contractors part on Donald Trump's part for not paying the contractors The contractors are delivering the services they're supposed to deliver Trump continues to breach by not paying them Also, Donald Trump doesn't pay the cities That's also sometimes why the mics don't work because he's not in venues that can be really hooked up to mics. So when he goes to Albuquerque, New Mexico, for example, he's in the tarmac because he can't actually go into the city because he owes the city $500,000 because he's breaches
Starting point is 00:11:15 the contract with them. So another little intersection of law and politics there. But the longer clip shows that Donald Trump was whining that the microphone doesn't work. And so therefore he does the oral sex gesture. And this follows, of course, last week where Donald Trump was talking about the size of Arnold Palmer's penis. Um, but, uh, look, disqualifying crazy crap. Like we just need to say that.
Starting point is 00:11:39 Like I could go, could you imagine if vice president, you can't imagine it, because that's not gonna happen. Donald Trump clearly is having dementia-like symptoms, or if you've had people in your life, you know what that is and you recognize that, and I guess I would be sad if this maniac wasn't trying to literally destroy our country and kill us all. Let's talk about though the kill us all part
Starting point is 00:12:07 because that's the other area where intersection of law and politics. Donald Trump gave this, had this event with Tucker Carlson. And Tucker Carlson, this was in Arizona. Tucker Carlson recently came back from overseas and he was like all like scratched up apparently. And so Tucker Carlson's
Starting point is 00:12:26 been going around saying that in the middle of his sleep demons attacked him and that that's why he got all bruised because he was the victim of a demon attack that's what he's out there I guess telling people it is as just an aside so then he's there in Arizona with Donald Trump and Donald Trump says the following about Liz Cheney. Let's play it. And I don't blame him for sticking with his daughter, but his daughter is a very dumb individual, very dumb.
Starting point is 00:12:57 She's a radical war hawk. Let's put her with a rifle standing there with nine barrels shooting at her. Okay. Let's see how she feels about it. You know, when the guns are trained on her face. You know? Notice also that he says, when the guns are trained, not if. It's a slight variation, whether it matters or not.
Starting point is 00:13:20 You be the judge. But in a legal sense, whether a direct threat or a hypothetical, words always matter, as you know, from watching Legal AF. And then look, Donald Trump had an opportunity to clarify this morning. He gave another unhinged interview on Fox. And for the third straight day, Trump daydreamed about the enemy and pointing guns at Liz Cheney. Here, play this clip. And all I said is, let's see how she does. I said, put a gun in her hand, then let her go out and let her face the enemy
Starting point is 00:13:51 with a gun in her hand, and they'll have nine people or 12 people or 100 people. I said, let's see how she stands up, because I say she wouldn't have the guts to do it. You know, you have a lot. So Michael Popak, I guess first you can address the general atmosphere there of that behavior being disqualifying. You know, you bring us to the Chris Mays, the Attorney General of Arizona says that she's investigating that. I think this
Starting point is 00:14:33 again is one of those things where depending on how the election goes, I believe if and when Trump loses, there will actually be criminal charges brought for that in my opinion. But tell tell us, Pope, what's your view? Well, yeah, well, we've seen as a series of, we keep saying it's a disqualifying event, but in order for that to be the case, people have to vote the right way on Tuesday or having voted already. You know, one of the problems that we've seen with Donald Trump and corporate media is that they not only give them a pass, but they've so conditioned everybody to believe this is just part of this
Starting point is 00:15:09 fake actor called Mr. Trump, that whatever Mr. Trump does today is just accepted and okay. They don't see it as somebody who's crapping on the constitution, on our social contract, and giving license to people to act inappropriately. I have my own internal, my own phrase or my own saying is I hate the word it's unacceptable because by the time you've uttered the word it's unacceptable, you've already accepted it. And that's the problem with Trump fatigue is that the media has let down their barriers
Starting point is 00:15:41 and just write it off if any other, if every other person running for higher office from mayor, school principal, board of education, all the way up to, of course, to the presidency of the United States, used any one of the several thousand things that you and I have cataloged over the last few years, and not even before Jan six, any one of them would have been a disqualifier in American history and people would not have voted for him. George Bush looks at his watch during a debate, he's out. Gerald Ford can't figure out what how the Iron Curtain works and, and make some misstep
Starting point is 00:16:21 about that he loses the you know, Walter Mondale says he's gonna tax the American people and the other guy's lying to them, he loses. I mean, there's just one slip of the tongue, one comment. Hillary Clinton talks about a basket of deplorables, out. Mitt Romney talks about a binder filled with women, out. I mean, you and I, we could do a we could do a marathon of, you know, months of a show, 24-7, like a real marathon, just cataloging everything that is inappropriate, downright, racist, angry, hatred, violent, calling for the overthrow of American democracy of this guy.
Starting point is 00:17:03 And we'd have more room, we'd have to be renewed for the following season. And yet, if you are to believe corporate media, and I don't, and if you are to believe the polls, which are dominated now by Republican partisan pollsters, because legitimate nonpartisan pollsters have pulled out, then you would believe that America's okay with it. That a large percentage, approaching 50%, is okay with this conduct. It's okay. And everybody he talks about, I don't mean to make too strong of a point here, everyone he talks about primarily, is an American citizen, is a fellow American that he wants to put in the concentration camp, turn the turrets of tanks in the in the American war machine against put, put in jail, shoot in the face and an assassination for for Liz
Starting point is 00:17:56 Cheney. And, and the way we can declare as an American people, that this is not okay. And that we expect more and better from somebody like this. This is not a stand-up routine in some senior citizens home. This is somebody that's running to be the president of the United States is the way we vote as a nation through Tuesday. Now, one last thing before I turn to the the law part of it. If I were, I've done a hot take on this on Legal AF, the Midas Touch, the YouTube channel. If I were our adversaries, if I were Putin, if I were the head of North Korea, India, well, India is not our adversary, but they do do a fair amount of counter programming, Iran, China,
Starting point is 00:18:42 I could not cook up in a lab a better person to be the president of the United States than Donald Trump for their own purposes. Somebody who's going to sully the brand of American democracy, somebody who's going to set Americans against each other and have them see that at each other's throats in order to undermine America's unity. That's what our enemy wants. They want Donald Trump to carry the torch of American democracy because that and attack an American president who attacks NATO, an American president that says it's okay and gives license to Putin to take over Ukraine and maybe Poland next. This is Putin and our enemy's wet dream. And they use their trolls.
Starting point is 00:19:28 Even now, the counterintelligence community, the intelligence community of the United States in new reporting says there is a fire hose of trolling and misinformation that's being fired at the American electorate right now by at least Russian trolls. To a willingly received by MAGA voters. This isn't brainwashing if you're willing to be brainwashed,
Starting point is 00:19:48 this is a cult. And so there's a reason they want Donald Trump to win and America to lose because this is as effective to destroy America as if they put boots on the ground and attack New York. And we see it. We've got the magic decoder ring, we've got the glasses that can see through
Starting point is 00:20:06 this and our audience, of course, following us along always had that in their minds. And now we give them the ammunition to understand it. So, you know, to say that if a Barack Obama made an oral sex gesture at a public rally or anywhere, we can't even form those words, as you said before. And so now we have to also piece through, and this is what the media does a terrible job at, the corporate media, what crosses the line from protected political campaign speech
Starting point is 00:20:38 as vile and disgusting as he can be, into the world of causing imminent harm to another human being and calling for their assassination or for them to be shot in the face. And that's where we're at, that intersection with Liz Cheney. So that's why Chris Mays, the Democratic appointed or elected attorney general for Arizona,
Starting point is 00:21:02 because it happened, the Tucker Carlson interview that you showed happened in Glendale, Arizona, because it happened, the Tucker Carlson interview that you showed happened in Glendale, Arizona, is investigating whether that is a death threat against Liz Cheney. I will tell you the victim of that death threat believes it was a death threat against her. Liz Cheney has been very public about and responded immediately to the calls for it, that this is where democracy dies, when we let tyrants talk about killing their political enemies.
Starting point is 00:21:30 And Kamala Harris has said, it's a disqualifier, but I'm back to my original point. We can't just say it in order for it to be unacceptable, we have to not accept it, and we have to do what we have to do to make that happen on Tuesday. For for me, it's it's especially vile since neither he nor anyone in his immediate family dating back to his father ever served with honor or dishonor in the American military, for him to comment once again, on what Liz Cheney would or wouldn't do if she were to face nine barrels
Starting point is 00:22:04 Cheney would or wouldn't do if she were to face nine barrels stuck at her face. He's got this thing about barrels near the face, by the way, is completely inappropriate. He has no moral authority to comment. He shouldn't be the commander in chief based on his lack of war record, his Achilles heels of weak feet or whatever the heck it was that kept him out. And so I think just as Chris Mays is prosecuting successfully those in his inner circle for their attempt to overthrow the election in Arizona, that's why Giuliani, Mike Roman, Mark Meadows are all indicted again because of Chris Mays, it's the attorney generals, the federal courts, the Supreme Courts of the various states that are going to have to stand up
Starting point is 00:22:46 and protect our democracy in the waning hours of this election and beyond. As I've said, we're going to see dozens of suits, half a dozen matters end up before the United States Supreme Court, attorney generals that are going to have to act and quickly counterbalance what's going on with the Republican Party and MAGA. And that is what you and I are going to be commenting on from now to the other side of Tuesday all the way until somebody puts their hand on a Bible on January 20th. We hope it's Madam President-elect Kamala Harris. It's why the word accountability is not some empty thing.
Starting point is 00:23:25 You hold people accountable because of recidivism, right? That's one of the points of a justice system is to prevent the behaviors from happening again. Because if the criminal can get away with something without punishment, they escalate and escalate, and that is what Donald Trump's doing. He's a felon. He's someone found liable for sexual assault.
Starting point is 00:23:52 He has every and all of the qualities where he's someone that absolutely should have been held accountable. He stole nuclear secrets. And then he said he telepathically declassified our nuclear secrets. So for all of those things that he's done, he should be held accountable. So if he goes, if I can, if I can steal nuclear secrets and get away with it, well, what's the point of election laws? Let's just engage in all of these crimes. Let's just, let's escalate. So to your point, Michael Popock, what we're going to see, and we'll talk about this more, is Trump doing what he did in 2020 times a thousand. Or you can just times it by Elon Musk's net worth, which we'll talk
Starting point is 00:24:38 about in the next segment. That is what is going to be done there. On the same token though, for every action, there's an equal and opposite reaction, the pro-democracy community, we're calling it out. We know what's happening and there are some of the best lawyers working to stop it and be very proactive about it. So one of the things about Donald Trump though, and his crew, is that they're often very lazy. They make a lot of mistakes. They're not researched. They're not detailed.
Starting point is 00:25:11 And that's something that I think we're going to see as well. So when we come back from our first break, I want to talk about the big Supreme Court ruling. I want to talk about the ruling in the Elon Musk case at the federal and local levels in Pennsylvania specifically in Philadelphia I want to remind everyone subscribe to the new legal af youtube channel It is on a tear It is a rocket ship and I think it's going to get 500 000 subscribers by the end of november You're going to be very busy on that channel. Michael popok as well
Starting point is 00:25:49 Can I just say one thing as a shout out to everybody? We have 18 million views on the new channel in five weeks, and that's everything to do with the Legal AF and Midas Mighty and a new community that's found us over there. And I thank you from the bottom of our heart. You know, at that point as well, and I'm not saying it to dunk on you, I'm saying it because we're all one team here because you're responsible for all the views on the Midas Touch Network. The Midas Touch Network hit five billion views earlier today with one billion views in the last 90 days.
Starting point is 00:26:19 And those views, and those one billion views in 90 days, five billion over the past two and a half, three years, but those views also mean those are people out there who are activating people to go out and vote, activating people with the knowledge. Cause this community is more than just a network, it's a movement powered by you. We'll be right back after our first quick break.
Starting point is 00:26:42 I spend most of my day in front of a screen and a microphone. And this used to mean I spent a lot of my day sitting. The research on sitting for long periods has been linked with various conditions such as poor heart health, bad posture, diabetes, and the list goes on. This is why I love uplift desk and their ergonomic desks and chairs. A standing desk can help lower your risk of disease, improve your mood and focus, boost productivity, and increase your energy. I use my uplift desk every day. When I'm standing up thinking with a cup of joe about how to prepare
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Starting point is 00:29:45 I used to struggle with three or four full bags of trash every week. Now I'm down to just one. Just last night after dinner, I tossed all the leftovers into Lomi, hit the button, and by morning it was dirt instead of a smelly garbage bag. What I love most is how much waste I'm keeping out of landfills. Less trash means less methane.
Starting point is 00:30:06 And with Lomi, I'm turning that waste into nutrient-rich dirt that my plants absolutely love. Getting and using my Lomi makes me feel like I am making my household's contribution to saving our planet and helping the environment with just a push of a button. That turns my garbage into well, loamy earth that I can easily recycle and use with my plants and in my garden. Loamy is part of a lifestyle for my family and me, as we are focused on leaving as little footprints
Starting point is 00:30:34 on the earth, so to speak, as we can in everything we do. And now loamy lets us get the kitchen and garbage in on the act too. If you're ready to start making a positive environmental impact and make cleanup a breeze, Lomi is exactly what you need. Head over to Lomi.com slash Legal AF and use promo code LegalAF to get $50 off your Lomi. That's $50 off when you go to L-O-M-I.com slash LegalAF and use promo code LegalAF at checkout. Say goodbye to food waste
Starting point is 00:31:08 and hello to a cleaner, greener kitchen with Lomi. And with the holidays coming up, Lomi makes the perfect gift for someone on your shopping list. Welcome back to LegalAF. Thank you to those pro democracy sponsors right there. Now, as I mentioned before the break, the Midas Touch Network has gotten 5 billion views
Starting point is 00:31:29 as of this morning, 1 billion views over the past 90 days. The new Legal AF channel since its inception has already gotten 18 million views in just a few weeks of its existence. And we're not funded by outside investors. So one of the ways we grow is through those pro-democracy sponsors, support them, help them. Michael Popak, let's turn first to the Supreme Court's ruling
Starting point is 00:31:55 regarding these provisional ballots in Pennsylvania. Republicans making, and the Trump campaign specifically, I don't wanna call them Republicans anymore. The MAGAs and Trump are making a strong push basically to say if the vote is not counted on election day, so even if there's like overseas ballots, ballots that are sent to say even absentee ballots, provisional ballots where your name doesn't appear on the,
Starting point is 00:32:26 uh, you know, on the voter rolls for whatever reason. And you say, I'm requesting a provisional ballot, um, because of, you know, there could be an error and you move, they got the last name or a myriad of, of situations can exist where you need one. Sometimes those are not counted like the day, you know, the day of. So what Trump and the campaign was moving to right is saying, look, it has to be counted that day, which, you know, in a perfect world where legislatures did not prevent that from happening, I mean, there's a structure in a world, right, Popak, where you could have a very efficient system with counting
Starting point is 00:33:07 that's done on Election Day and all of that. One of the things we've seen though with all of these MAGA legislatures and Republican efforts is to actually make the counting way more burdensome and less efficient as a voter suppression tactic and then as a and less efficient as a voter suppression tactic. And then as a propaganda tactic, so that they can declare victories early when votes are then counted later and then spread their conspiracies versus allowing votes to just be counted
Starting point is 00:33:36 as they come in in the first place. So the Trump machine wanted to basically say provisional ballots have to be counted a certain time, Supreme Court emergency petition, PO-PAC, what the Supreme Court do? And also what are we seeing there with some of the, with the Alito kind of Thomas statements, Gorsuch, they're hinting at something that they may try to do if we have a 2000 situation with 400 votes, 500 votes that you're very familiar with. Yeah, yeah, we're gonna talk, during this whole segment,
Starting point is 00:34:12 I'm gonna talk about what is casting of a vote, the naked vote, and this call for lawlessness, which is in the Supreme Court decision by Alito Gorsuch and Thomas, who have given license to MAGA election officials in counties in Pennsylvania that they control to try to ignore the United States Supreme Court's new ruling, which on its face appears to be in favor
Starting point is 00:34:40 of voting and having people have their vote counted as consistent with the Pennsylvania Supreme Court decision, which would be the highest law, the most pronounced law of the land in Pennsylvania. But why they're trying to signal, you can ignore the Supreme Court. Let me unpack it, how we got here. The Pennsylvania in 2019, like many states, wanted to make voting easier, not harder. Shouldn't that be the kind of democracy that we live in? I'm not talking about opening the door to fraud. I'm not talking about double voting or extra voting.
Starting point is 00:35:16 I'm talking about just making it easier. So rather than have to come up with an excuse like you're going to be absent from the district or you're sick or you're infirmed or something like that. Everyone in Pennsylvania is entitled to mail their ballot in rather than show up on election day. And that happened in 2019 before COVID. That was passed by the legislature. It's completely legal.
Starting point is 00:35:37 That's the way they wanna do it. That's great. But mail-in balloting and mail-in voting or absentee voting is always a little bit harder and has a little bit more requirements than when you just, really than when you show up to vote. I just showed up to vote early in New Jersey. They don't ask for an ID.
Starting point is 00:35:54 I had already registered. They checked me against my signature against whatever. I signed under penalty of perjury that it's me. They have no reason to believe it's not me. And I went and pulled and casted a vote through an electronic voting system and got a receipt and boom, I'm done. For mail-in voting, like in Pennsylvania, there was a whole kind of ceremony that the voter has to use successfully. You gotta use two envelopes. You gotta take your ballot. You gotta stick it in one
Starting point is 00:36:23 envelope, a secrecy envelope, you got to stick the secrecy envelope inside of another envelope, put a put a stamp on it, you got to sign the back, you got to date the back, all that's got to be perfect when it comes in, or your vote gets bounced. Well, about 9000 out of 1.6 million votes that have already been cast, and that's a lot. That's point oh five, point 5% came back naked, meaning the ballot was in there. You could tell the voter's intention to vote, but it wasn't in the
Starting point is 00:36:52 security envelope. Oh, sorry, according to MAGA, you don't get to vote. What do you mean? I've got the guy's name, his number, sign, it matches, he's registered. I can pick out the voter's intention. He wants to vote for Kamala Harris. Sorry, didn't use that second envelope. Where is that in the Constitution? Is that part of the framing of the Constitution? You must have two envelopes? And so it went up to the Pennsylvania Supreme Court. And you'd think, I'm surprised it was this close, but four to three, the Pennsylvania Supreme Court, because there's a lot of MAGA on the court there, they said, no, you can tell the voter's intention. Here's what you do.
Starting point is 00:37:30 Any person that screwed up their mail-in ballot because they didn't use their envelope, they can go down, basically withdraw that vote, vote a provisional ballot and have that count instead. Not double counting, you don't get to vote twice, but that's what you get to do. Now the other problem is the law, they left a little loophole in the law when they passed it in Pennsylvania, it happens, which was were the individual counties obligated to inform their voters that they screwed up their vote to give them time to vote again?
Starting point is 00:38:08 Everybody in our network, in our world, says, yes, tell the person so they can vote. The Republicans are like, nope, don't do a darn thing. You're not obligated to do that. So there's 38 counties out of the many, many counties in Pennsylvania, where mainly democratically controlled, where they said, no, we're gonna go call the voter and tell them to vote again. They didn't mean to not stick it in the right envelope, that shouldn't be disqualifying.
Starting point is 00:38:32 And so there's that fight. But the Pennsylvania Supreme Court agreed with the judge below and issued a ruling that requires that the counties allow provisional ballots to be cast in lieu of the mail-in ballot that was voided for this naked problem. And that is the law of Pennsylvania. Well MAGA and the Republican National Committee didn't like that. They filed an emergency application to the United States Supreme Court. First stop on that
Starting point is 00:39:05 train because it's coming out of Pennsylvania unfortunately is Sam Alito who used to be a judge on the third district court of the third circuit lived in New Jersey that's his circuit he gets the first ruling and in a shadow docket decision of the many that we hate the Supreme Court he didn't make the decision on his own, which he could have. And if he had made it on his own, he would have bounced that ruling and he would have disenfranchised tens of thousands, up to 40 or 50,000 mail-in votes in Pennsylvania
Starting point is 00:39:35 with a stroke of a pen. Only because of the transparency that you and I and others have been calling for, I believe on a regular basis, that he referred over to the full court. When the full court got it, six votes were to basically affirm what the Pennsylvania Supreme Court did and make sure those people get an opportunity to vote with these provisional ballots. But of course, Alito writing for Gorsuch and Thomas for no reason because it just said, this is a very narrow issue.
Starting point is 00:40:07 It only relates to a couple of ballots in one county. So we're not here to say that it applies throughout the state. In other words, it's an invitation of lawlessness. It's telling the MAGA election officials in various counties, the Supreme Court's not telling you what to do, but the Pennsylvania Supreme Court is. And that's where the Democrats are going to have to be ready to run back into
Starting point is 00:40:33 court when these election officials, county by county, follow Alito's lead rather than the Supreme Court not overturning the ruling of the Pennsylvania and rely on his dicta. And that's all it is. As soon as I saw the language that Alito was using about controversial interpretations and the like, I'm like, oh, here we go. This is him signaling to MAGA, just like Thomas signaled to Judge Cannon that she should dismiss the indictment against Donald Trump because Jack Smith was unconstitutionally appointed. We'll talk about that later in the podcast. And this fits in with what you said earlier. These
Starting point is 00:41:14 are the voting cases that we're following. They're coming in so fast that we needed the second channel of Legal AF to follow it. You know, you've got cases going on right now in the battleground state of Pennsylvania to keep the lines open longer, to give a longer period of time for the mail in ballots to come in. Federal judges are having to work overtime, and state court judges too, in order to ensure that people's right to vote is not ripped away from them. That's the point. That's why you use provisional ballots. Because once election day is over, you can't show up the next day and go, I'd like to vote in that election. If you don't capture the vote then, then that's what courts – we just had a ruling the day before this one, Ben, where the Supreme Court allowed
Starting point is 00:41:58 the purging of voter rolls, including evidence that it includes Americans with the right to vote who are properly registered have now been purged in Virginia because the legislature there, the Republican MAGA legislature wants it that way. And so the Supreme Court said, yeah, that's fine. And everybody was like, well, what about the 1993 act that stops you from purging 90 days before an election? No, no, that's okay. That's all right.
Starting point is 00:42:23 We're too close to the election. He's already purged. We'll deal with it after the election. We're like, are you effing kidding us? So you can already see these conflicting and confusing decisions by the Supreme Court as they put their big fat thumbs on the scale against the American voter. That's all that we can call it. And we talked last week, to tie it together with a bow about a case coming out of the fifth. For the first time ever, a circuit court ruled, the Fifth Circuit of course, ruled that mail-in ballots or absentee ballots or overseas ballots or armed forces ballots have to show up, not just be postmarked, show up on the day of voting on the 5th of November.
Starting point is 00:43:07 That's the first time in history that's ever been ruled upon. There's 20 or 30 states that allow postmarking, just like the IRS does, by the way, to allow postmarking to satisfy the requirement. We'll open the envelope when it gets here within three days, but it's okay if you got stuck in the mail, it's not your fault. And why did they do that? It's not going to affect this election yet,
Starting point is 00:43:28 until it gets up to the United States Supreme Court and they're challenging all of these ballots everywhere as Donald Trump sees his chances slipped or slipping away. Exactly. And one of the frustrating parts, that's the lightest word I can use about the 2020 election, is that from an election lawyer perspective, and I'm not gonna profess to be one of the top election lawyers, but I will profess that I speak with the top election lawyers every day and have a good sense of all of this,
Starting point is 00:44:01 which is election lawyers will tell you their job is around the margins, right? Where there's elections that are within 1000 votes to one vote, which sometimes happens, maybe 2000 votes, 3000 votes, never more than 10,000 votes. Like at that point, At that point, the election lawyer's job about arguing over this ballot or that ballot really isn't an area where they get activated. I mean, President Biden kicked Donald Trump's ass in 2020. I mean, it wasn't close on the popular vote. I mean, millions and millions and more people voted for President Biden.
Starting point is 00:44:44 And then frankly, Biden won pretty much all of the battlegrounds as well. So it was this, it was this throw mud against the wall, see what sticks approach. And it was so chaotic. And that's why so many lawyers for Trump lost their legal license for submitting false affidavits. There were so many, so many legal careers, thankfully, that were crippled because of their abhorrent behavior, trying to hoist up Trump with these ridiculous theories. But as we've said before, when you don't hold people accountable,
Starting point is 00:45:17 they learn from their criminality and kind of adapt. So what we're actually seeing here, while, Popak, those were wins for democracy. What we are seeing though with the statements by Alito, Gorsuch and Thomas, what we saw in the Fifth Circuit and making that ridiculous ruling that votes have to be counted the day of or else they get invalidatedated while the Republicans work to prevent your votes from coming in on the day and the Republican state legislatures.
Starting point is 00:45:51 So they're using state legislatures to undermine the vote based on states being involved in elections as a state function, but then a Trump appointed and right-wing MAGA extremist, Fifth Circuit Court of Appeals, then steps in and says, as a matter of federal law, it has to be counted the day of. So notice what they're doing behind the scenes. Notice the scheme, Legal AFers and Might is Mighty, Republican state legislatures working to prevent the vote,
Starting point is 00:46:23 the day of, by making people go through all the hoops and hurdles. And then a federal court, MAGA Extreme, saying, oops, federal law means that if it doesn't get counted the day of, it doesn't get counted at all. Now to your point, Pope Buck, that Fifth Circuit ruling right before the election, even the Fifth Circuit said, based on the Fifth Circuit said,
Starting point is 00:46:45 based on the Purcell principle, we don't know if this, we're remanding it back to the federal court to determine if it is applied retroactively or in the future or how that should be viewed. But make no mistake, what they're setting up here, and you look at it specifically, I'm thinking Pennsylvania and I'm
Starting point is 00:47:05 looking at Lancaster I'm looking Bucks County that's how micro our analysis is is getting in the weeds here they're putting out MAGAs are putting out the fake videos about issues in these counties they're making up all of these lies about these accountants because what they're gonna try to do is if it just depends on Pennsylvania, they're gonna do, they're gonna unleash what they unleashed across the country, just on Pennsylvania, on these counties, come up with every conspiracy and then try to work it,
Starting point is 00:47:38 whether it's through Maga Mike Johnson and his contingent elector scheme with Donald Trump, with Trump because we've got a little secret. They're talking about Magna Mike. If the Republicans keep control of the house of representatives, not actually certifying the results so that it doesn't even get to the vice president doing the ministerial act that Magna Mike would just say, I can't even open the house chambers right now.
Starting point is 00:48:01 We can't do anything about it. I'll have to hear from what the Supreme Court says. If the Republicans keep control of the house, doing that scheme to trying to run all these other schemes, specifically if it's a close election to try to steal this thing. And you know, and I'm not using
Starting point is 00:48:16 hyperbolic language. You see what they're doing here. And that's why though, like Ben, this used to you trying to scare us. No, I'm, the good news is we know, we know what their plans are and we're smarter than them. And the election lawyers who we know are smarter than them.
Starting point is 00:48:36 And so we know how to counter it, but there's corruption and sometimes you could be super intelligent, but the corruption can smother Intelligence and and facts and reality but the key message right now get out there and vote Don't make this thing close Call up help drive a person go volunteer your time. Whatever you can do to get out people to vote That's what's most important right now By the way, make sure you subscribe to the Legal AF YouTube channel. That goes a big way to help as well.
Starting point is 00:49:09 When we come back from our first, for our second break, we're gonna talk about two things. The Elon Musk litigation, and we're gonna talk about Donald Trump's frivolous $10 billion lawsuit against CBS. We'll talk about that and more. Let's take our last quick break of the show. Ever heard of NAD+, it's in every living cell of your body. It helps keep us young, repairing damage, detoxifying, and giving us energy. But did you know between age 20 and 50, our NAD plus
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Starting point is 00:55:13 this network is made possible largely with the support of those pro-democracy sponsors. It's why we don't have investors. So while we're getting more views than Fox, they got $14.92 billion every year being infused in Fox. That's $14.92 billion more than we have here. So they're helpful, those sponsors support them and there's some great products and services. Michael Popok, Elon Musk, you've been on this case since day one, the state case, removal to federal, federal court rejects Elon Musk, you've been on this case since day one. The state case, removal to federal.
Starting point is 00:55:47 Federal court rejects Elon Musk, remand back to state. Elon Musk petitions, so he doesn't wanna have to show up in person, break it all down, what's going on with Musk? And then, you know what, Popok, well, we'll make this a Popok potpourri. Then why don't you just pivot directly to the Trump case? All right.
Starting point is 00:56:05 You got it. I can do it. I can, they can tie it together. Larry Krasner district attorney for Philadelphia. One of the people that MAGA hate called them a woke prosecutors said he was funded by George Soros went after him, try to impeach him and remove them. Didn't work. And the impeachment process didn't work after Black Lives Matter
Starting point is 00:56:26 and Larry Krasner lives another day to sue in civil court in the court of common please in Pennsylvania in Philadelphia in City Hall no less. Elon Musk and the America Pack. The argument is that that million dollar publishing clearing house giveaway that Elon Musk has been running and he's given out several million dollars and the $47 he's just buying votes he's just buying votes and buying voter registration it's illegal under federal law but also under Pennsylvania law it looks like it's an illegal lottery and I've been involved on the gaming side of my career and I know what states hate
Starting point is 00:57:05 Illegal lotteries and they will shut your ass down whether you're operating a sportsbook out of your garage No, I'm not implying I'm running a sportsbook out of my garage Or you or you're doing a church raffle that you haven't registered the states are gonna shut you down and Larry Krasner and his team of the DA took a look at the million dollar offer which Donald which Larry Krasner and his team in the DA took a look at the million dollar offer, which Donald, which Elon Musk to support Donald Trump even thought better of the second day, then he converted into, no, it's not a lottery. I'm not randomly giving out money.
Starting point is 00:57:33 I'm randomly giving out job offers, employment contracts. Yes, you're a spokesperson now for the, for the million. Like that was going to cover it. And so the feds sort of have to keep their powder dry because we're very Close we're in the box as they say between now the election the elections hours away We can literally count in hours how many hours this election is and I think the Midas Touch Network is doing that with a counter but In the it's the DOJ is not doing a darn. They can't do a darn thing
Starting point is 00:58:01 They're not gonna start prosecuting Donald Trump by way of his pack now They'll deal with that as I like to say now, my new phrase is, on the other side of Tuesday. I'll see you on the other side of Tuesday. So Elon Musk, however, can be shut down now. And there's an emergency application or civil suit that's filed by the DA in Philadelphia, because he's got some civil powers to regulate the areas of fraud, for instance. And it gets assigned to a judge, Judge Angelo Frangiotti, I love that name. And he decides everybody needs to be in my courtroom 10 o'clock Thursday morning. Everybody. Everybody named in the suit.
Starting point is 00:58:34 That means Elon Musk. So everybody shows up except Elon Musk. The judge is smart, looks around, doesn't see Elon Musk, knows what he looks like. And like, where is he? He was ordered to appear. And he said, oh, he was, he's too busy. He's busy filing a notice to try to get the case dragged out of your courtroom, judge and over to the federal judge and put this in federal court, even though there's absolutely no grounds to do that. You don't, I know people who are only
Starting point is 00:59:00 marginally watching our show is, are there people like that? That just marginally watch our show. They might think you can always bring a case out of state court to federal court. Look how many times the Trumpers and MAGF tried and failed and failed. Prosecutions by Meadows and Jeff Clark trying to drag him to federal court failed. Donald Trump trying to take his sex attack on E. Jean Carroll over to federal court fails. Tries to take Jean Carroll over to federal court, fails. Tries to take his other cases to federal court, fails. Everything fails because it's a very narrow grounds to get in. For this particular case, there's only two grounds. You either say that this case is really
Starting point is 00:59:36 about a federal question and a federal statute and federal defenses that only a federal judge can understand. Okay, well, we're under Pennsylvania lottery law, so how does that apply? And the other one is what's called diversity jurisdiction, which is a fancy schmancy way of saying that parties, if you have parties that are of different states, except when one is a state, hold that thought, then if the amount of controversy is over $75,000, you may be able to take the case over to federal court. But you have to have 75,000 or more in controversy as opposed to what's called a declaratory judgment or an injunction, which doesn't really have money attached to it. And, and, and generally if a state is one of the parties and they've
Starting point is 01:00:16 sued you in their state, there can't be any diversity. So the people that sued Donald Trump, the entity that sued Donald Trump is the Commonwealth of Pennsylvania. That's the state of Pennsylvania by way of a person called Larry Krasner, who's the DA. So the judge said, I'm not happy that he's not here. This is the judge in state court, but I'm going to hold that. I'm going to table that for now to see if you come back into my courtroom. So now if and when Elon Musk comes back into this state court
Starting point is 01:00:48 judges courtroom, the first order of business, I believe is going to be contempt of court for not having appeared as ordered. Elon Musk is worried about that because he's filed something to try to quash the demand the judges order for him to appear. Now we shift to federal court quickly. This all moved within three days. That's why when you said, Popeye, you've been all over this. I did like four hot takes on Legal AF
Starting point is 01:01:10 and two on Might as Touch just to keep up with the pace. It went to federal court on a note, what's called a notice of removal where you lay out the grounds. Immediately Larry Krasner's office, the DA, filed an emergency motion to remand, meaning send it back to state court. Because at the moment the notice of removal is filed, it technically divests the state court of jurisdiction
Starting point is 01:01:32 and puts it in the federal court even if temporarily. So he wants it back. So the judge says, all right, and this is yesterday, the judge says, Judge Papert, federal judge, very good judge by the way, very well respected. He's a Republican who was actually appointed by Obama. Shows you how moderate this Republican, not MAGA he is. He used to be the Attorney General of Pennsylvania. He takes a look at these as 10 a.m. I want your papers. And so what does Elon Musk do? He goes out and hires a lawyer, Matt Haverstick, who I looked him up. His last claim to fame is he unsuccessfully impeached
Starting point is 01:02:07 through the Republicans in the House that he was advising, Larry Krasner. So all Elon Musk found is like a troll. He's like a lawyer who's been up against Larry Krasner before to try to impeach him. So far, this hasn't gone well, by the way, for Elon Musk so far. Judge says 10 a.m., they file their paper,
Starting point is 01:02:25 the paper is ridiculous. The major argument for the one ground of diversity jurisdiction under federal is that, I know it looks like it's the state of Pennsylvania, the Commonwealth suing, but it's not really. Because we know that if it was the state of Pennsylvania, we couldn't get diversity jurisdiction. It's Larry Krasner, it's just a guy.
Starting point is 01:02:44 And he lives in Philadelphia. My guy lives in Texas. So we're in, right, Judge? I'm like, are you effing kidding me? That's the best you got? That Pennsylvania's not really suing to shut down the lottery? Okay, so that was a loser on paper.
Starting point is 01:02:58 And then the second argument was, I know it looks like it's all about a lottery and state law, but Judge, underneath it, it's about federal election stuff and First Amendment constitutional stuff. Well, you should take the case. All right. About four and a half hours later, without further ado, Judge Papert went denied and granted the remand, sent it back to state court, where it will be for a new hearing at the beginning of this week, I think on Monday, and the judge who got dissed by Elon Musk, none too happy. And I think he's got to, this judge, Franji Adi, is going to deny
Starting point is 01:03:33 Elon Musk's request not to appear in his courtroom. He's going to hold this hearing on emergency application, and he's going to rule on Monday about the lottery that's being run by Elon Musk to shut it down. Now look, is it going to move the needle in Pennsylvania for Tuesday? I don't know, but I also don't want the Trumpers and MAGA to believe they can get away with anything, even illegal lotteries, buying votes and crimes. We have to bring people to justice just so we can say we live in a society where we bring people to justice. Michael Popak, talk to us about this $10 billion lawsuit that Trump brought
Starting point is 01:04:15 against CBS, $10 billion. He seems to have just picked the number out of his backside, out of thin air. And that's what he's going around in his closing message. I'm going to sue you. I'm suing you. I'm suing you. You're going to be sued. This person's going to be sued.
Starting point is 01:04:32 I'm going to sue Kamala Harris. I mean, it's part of the grievance and retribution, but like, I don't even know what he's suing for. I mean, I read the complaint, like it literally makes zero sense. So he and vice president Kamala Harris were both invited to do an interview on 60 minutes. You'll all recall in 2020 when Donald Trump did the interview on 60 minutes. Uh, he ran away when Leslie Stahl was asking him questions he didn't like.
Starting point is 01:05:01 She pointed out that he had given them what he claimed to be their healthcare plan, but when she opened up the binders, it was all blank pages. Like he was trying to trick her with a, with a binder of nothing on it. So Trump walked out, Trump refused to do the 60 minutes interview this time. Kamala Harris did it in different formats. The way 60 minutes has to package it. Some are longer and shorter for the literal format of the show. in different formats, the way 60 minutes has to package it. Some are longer and shorter for the literal format
Starting point is 01:05:28 of the show, but people see the full context of everything that was said. It was not a softball interview. She got tough questions, the type of which Trump never gets asked when he goes on Fox or his safe spaces. She handled the questions well, but they were tough tough questions and on that basis he's he's suing CBS for
Starting point is 01:05:50 10 billion dollars and then he chooses to file in the Northern District of Texas the Amarillo division because a judge who he appointed Matthew Kazmeric has been making these unlawful, like ridiculous pro-MAGA, you know, ruling some unqualified 45 year old guy at the time when he was, it was like 43, 42 when he was appointed. Now he's like 47. Um, you know, and he's just making these ridiculous rulings. So now MAGA file all their cases in front of this guy.
Starting point is 01:06:22 Cause he's, he's their retribution judge. What's going on here, Popeye? Oh, Lord, Lord. This is fast on the heels of Donald Trump being rightly accused of having Fox be his campaign manager and edit Donald Trump's own fake black barbershop interview where it was fraudulently edited and Fox News was called out for it. The same Fox News that Donald Trump has admitted writes jokes for him that he's been sharing information with.
Starting point is 01:06:52 I mean, Sean Hannity has effectively been Donald Trump's campaign manager since 2016. We know it from the Fox News suit, the Dominion suit against Fox News that led to the $757 billion settlement for defamation because all the emails and texts with Tucker Carlson and Lou Dobbs and Maria Bartiromo and Sean Hannity all came flying out with the major miscalculation of Fox News that they should litigate this case and let these papers be filed on the public docket. And now we really know, and we know from Mark Meadows and all his text messages that got turned over to the Jan 6 committee and to special counsel Jack Smith that he was in close contact and coordinated with Fox News during their
Starting point is 01:07:31 time so does anybody is shocked that now that he's running again that Fox doesn't have it in their vested interest to edit his edit his his own video so with that as a backdrop and to try to distract from it, Donald Trump, to kind of follow up with this bullshit argument that somehow CBS and 60 Minutes edited and changed the answer and matched an answer to a different question when Kamala was asked by Bill Whitaker about Hamas and Israel, which is always a complicated, nettlesome question to begin with, especially on the Democratic side. And so she gave a very nuanced answer. It was a two-part answer. It had literally two parts. And when they were teasing in a promo the 60 Minutes Interview Sunday night during the Sunday morning show on
Starting point is 01:08:17 Face the Nation, they showed a clip. And when they showed the clip to be a teaser to get people to come watch the full video they ended the question at a kind of the mid mark and when you watch the full video she gave the complete answer so it wasn't a changed answer it was just they didn't they don't they have an editorial right and a First Amendment freedom of the speech right to edit their interviews the way they want and their promos to get people to watch the interview the way they want. And I'm not calling it clickbait, but that's how they wanted to interview it. And that's how they did it.
Starting point is 01:08:49 And nobody called them out in between. So it wasn't like it was like a coordinated effort. When Donald Trump saw the same interview, the whole interview, oh, ho, it's they're altering. It's AI. It's fake. It's fiction. They're helping her.
Starting point is 01:09:02 And so therefore what? By the way, therefore what? In order to get into a federal court or any court, you have to have standing. You have to show that you've been individually specialized, injured in a way that nobody else has. What's the injury? So I go look in the complaint that got filed. It is election interference.
Starting point is 01:09:20 Where'd the 10 billion come from? Oh, nowhere. It's just the number that we thought the press would run with. But they don't say that But that's sort of implied and so he doesn't have standing obviously to argue it and then on top of it His argument and I kept reading it like okay first paragraph. What's your argument election interference? All right second paragraph What's your what's your next best argument word salad? What do you mean?
Starting point is 01:09:41 What's your next best argument? Word salad. What do you mean? Kamala Harris is known for word salad, okay? And they helped her out by editing around the word salad. I'm like, where is the lawsuit here? That was the second paragraph in the complaint that was filed. And then the third paragraph was, CBS has done it before.
Starting point is 01:09:58 Remember Dan Rather? I assure you most people don't remember Dan Rather. Remember Dan Rather with George Bush and the National Guard and the phony records that he was given? Okay, so now we're sticking it to 60 Minutes because you didn't want to appear. First time in 50 years a presidential candidate didn't appear on 60 Minutes you know in a separate interview with the team there. I mean that's all this is about. Now there's two problems with what happened. One, well three things. One, as you pointed out, this was a manufactured lawsuit
Starting point is 01:10:28 to try to put at their forum shopping best at their handpicked, their favorite Texas judge at Amarillo, Texas, Matt Kaczmarek. He's the guy that decided he had the right to try to block women's use of methampristone in their medicated abortions because he's a right winger that used to work for an anti-abortion Christian organization before he got on the bench and he's the only judge there. And so whatever you want as a MAGA, you want to get, it's a three-step
Starting point is 01:10:58 process, it's a three-step dance, you can set it to country music if you want. First step, find Matt Kazmarek, go file a suit, get standing, form an organization a day before you file the suit like they did with the Miff of Bristone and a fake AstroTurf group. File it there, you know you're gonna get him, he's the only judge, let him make his ruling, and if you don't like it, everybody's gotta go through the meat grinder of the Fifth Circuit Court of Appeals
Starting point is 01:11:22 in New Orleans, which is MAGA MAGA, and dominated by Trump appointees. And then to the Supreme Court. That's the three step dance everybody. It's like a hoedown. Except here they've opened up a problem. There's two problems. One, I think this violates Texas's anti-slap statute.
Starting point is 01:11:40 Every state's got one. It's strategic lawsuits against public participation. It means you can't sue somebody to shut them up. You can't sue them because you don't want them statute. Every state's got one. It's strategic lawsuits against public participation. It means you can't sue somebody to shut them up. You can't sue them because you don't want them to exercise their First Amendment right. Otherwise, everybody would be suing every newspaper in order to make them stop writing bad things about them. And so there's a penalty for that. You get, if you're CBS, an immediate hearing, on a motion to dismiss, on a fast track, including a fast track to
Starting point is 01:12:05 the appellate court. And if you win and you show that there's no merit to this and it was only done to stop you from talking, which is obvious here, you got to pay the attorney's fees and costs for CBS. And they have very high priced attorneys. I know some of them in New York, it's going to be millions of dollars to fight that off. The second problem they have, and this is where it casmeric, is between a rock and a MAGA.
Starting point is 01:12:27 Because if he grants CBS's motion, then he fails MAGA. If he denies it and the case stays alive on some grounds, then they go to discovery, which is that exchange of information and documents and depositions. And I think, and you think, it's fair game to go after all of the coordination between Donald Trump and Fox News. You want to talk about self-editing? You want to talk about editing around somebody's answers where you swap the answer,
Starting point is 01:12:57 literally swap the answer during the the barbershop, the fake barbershop pitch by Donald Trump? I think it opens the door to that. And just as Fox News miscalculated and was flummoxed and red-faced when thousands of text messages and emails came out from all their on-air personalities, right? Same thing's gonna happen here if they're not careful.
Starting point is 01:13:20 Now, Kazmarek, if he's, we know he's illegitimate, but if he was legitimate at all, he would find either no standing, no proper jurisdiction over CBS, despite the fact that I'm sure you can get 60 minutes somewhere in Amarillo, and three, a violation of the Anti-SLAP Act in Texas.
Starting point is 01:13:42 Those are the three things that I think quickly lead to this case being over. But look at the oxygen that was absorbed, that was sucked out of the room for a news cycle because of the $10 billion headline. Just like Donald Trump sues New York Times failed. Donald Trump sues Pulitzer board, not failed yet, but will be for it. Michael Cohen, sued by Donald Trump, dismissed right before a deposition. This is his MO. It is the weaponization of civil lawsuits in order to do Donald Trump's bidding. Or I'll leave it on this, Ben. As Don Middlebrooks, senior judge who I respect in the Southern District of Florida where Judge Cannon resides, actually they share
Starting point is 01:14:23 a courthouse occasionally. As he once said in fining Donald Trump and his lawyer, Alina Ava, over a million dollars in a fake phony lawsuit they brought against the Democratic National Committee, Hillary Clinton and everybody else, this is not a lawsuit. This is a political screed and retaliation masquerading as a lawsuit. And that's all that we're watching here with the CBS thing. And we'll continue to follow it on the other side of Tuesday. You know, you mentioned a great point and we see this with Judge Eileen Cannon, Matt Kazimeric, Trump putting them in the positions to fully flag for the world
Starting point is 01:15:01 that they're corrupt and compromised. lag for the world that they're corrupt and compromised. Like Judge Cannon, we all know now, and you were, you tried as a lawyer who practices in Florida to, come on, it can't possibly be a quid pro, I mean, at first, you know, in the early, three years ago, this can't be a quid pro quo. I mean, you know, our, you know, our structure here, even if she was a Rubio person, you know, to Trump,
Starting point is 01:15:31 let's just, let's just see. And then you came to the conclusion, you're like, nope. I gotta call this out what it is. I mean, you know, but Trump, Trump continued to push and push and needle. And then she, and then she was like, you know what? I'm just going to not follow the law. Donald, I'll give you everything that you want.
Starting point is 01:15:48 I want to be the AG. That's our plan. That's our plot. Put me on the Supreme Court. Fuck the law. Excuse my language. Just, you know, we're doing this. We're criminals.
Starting point is 01:15:58 That's what she did. That's what she did. You know, Matthew Kesmerick, you know, he's kind of like, oh, look, man, I try to outlaw Mipha Prisstone for you and screw over the women. Isn't that, didn't you put me here to do those things? Now you're going to file it here and now make me make up law on your stupid $10 billion CBS thing. You have, you know, Kazmarek's almost like, I'm your freaking plant here. I'm your guy. I'm going to be doing all the crazy crap that you want me to do with your project. Twenty twenty five.
Starting point is 01:16:30 You're going to give me this bullshit CBS, ten billion dollar lawsuit and make and make me look like a freaking clown. What? Why would you do that? Just let me do my corrupt shit that no one's talking about. That's what Kaz Merrick saying. And you heard me do three curses there. I don't curse that or Ben on your point. It's talking about. That's what Kaz Marik's saying. And you heard me do three curses there. I don't curse that. Ben, on your point, it's a setup. It gives him an easy gimme
Starting point is 01:16:49 to make it look like he is honorable when we know he isn't. Well, we're watching, and you and I will follow a court accountability who's joined us over on Legal AF, the YouTube channel also. What we're watching is depraved tryouts by federal judges, trial and appellate court for the future Donald Trump presidency and Supreme Court and other lawyer positions within his administration. Whether it's Judge Ho, HO in the Fifth Circuit, Judge Oldham in the Fifth Circuit, Casmeric in Amarillo, Texas, Alien Cannon in Florida. These are just tryouts. And you see how they're being rewarded. Alien Cannon, attorney general, fast track to the United States Supreme Court before a second Trump administration got into office. I mean, before
Starting point is 01:17:36 it was over. That's all we're watching. And you know what's being sacrificed? Us, our liberty, women's bodily autonomy and integrity, the rights rights of voters the rights of immigrants into this country to be treated with dignity That's what's being sacrificed on the altar of these people trying to get their next job promotion Absolutely. And look, let's let's close with this people You are all part of the most powerful movement in politics today you stand shoulder to shoulder with 3.3 million other people, just like you, who support and defend our democracy. You built this network and now is the time where you can flex that muscle of what you built shoulder to shoulder with 3.3 million others.
Starting point is 01:18:31 When we walk in lockstep together, we are unstoppable. So the stories that you're sharing with us about driving an elderly family member to the polls or helping them fill out their ballot or speaking with your grandkids about the importance of voting and why it's so important to protect our freedoms or talking about how you've spoken with that coworker or your neighbor or whoever it is in this election. The minus voter are people who we just want normalcy. We just want law and order. We don't want craziness.
Starting point is 01:19:19 We don't want chaos. We want our laws upheld. We want our freedoms protected. We don't want Trump and MAGA our laws upheld. We want our freedoms protected. We don't want Trump and MAGA again, taking away more freedoms. We don't want the weirdness. We want predictability. We want stability. We want normalcy.
Starting point is 01:19:36 And we can win. We can absolutely win those things. And right now, right at this moment, is the time to work harder than ever. I can give you a lot of positive data points to make you feel good. I'm not going to do that at the end of the show. You got to work. We got to work together right now until the finish line. That means speak to everybody. Make calls as soon as this show ends, put in the comments what you've done. Did you speak to a former Republican
Starting point is 01:20:11 who's now voting a different way? Are you speaking with independents who are now voting certain ways? Have you explained to people who weren't gonna vote the importance and now they are voting? Share those stories because we, you, all of us can be the difference maker that saves normalcy, that saves democracy, that
Starting point is 01:20:32 saves law and order and we can all look back, all of us, because you're just as you watching this are just as much a part of this as Michael Popak, myself, my brothers and our hosts, because we're nothing without you. We're zero without you. You can look back at the legacy that you've set for your family, for future generations, and for this country. You can be the person who has saved the United States of America.
Starting point is 01:21:04 You can look back and tell everyone when all is said and done, that you've made history by preserving our democracy. I know you can do it. I know you're up for the task. Now let's get to work. Hit subscribe, let's get to 4 million subscribers. Subscribe to Michael Popak's lead YouTube channel,
Starting point is 01:21:24 the Legal AF YouTube channel. Make sure you subscribe now. Get that channel 500,000 subscribers. We're grateful for you. We love you all. We'll see you next time on Legal AF. Thank you so much for watching. Oh, by the way, when I was doing those curses,
Starting point is 01:21:41 I was playing the part of Matthew Kesmerik, not myself. Have a good one, everyone. Thank you for watching.

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