Legal AF by MeidasTouch - Trump Caught with Zero Evidence by All Three Judges

Episode Date: July 11, 2026

In breaking news and a major setback for Trump, a 3-judge DC Appellate Panel, including 1 Trump-appointed judge, just voted 3-0 to deny Trump a stay that would have returned the Trump name to the Kenn...edy Center. Popok has the order and explains that the judges found that Trump provided absolutely NO evidence or factual support for any of his claims of “irreparable harm” and was not allowed to raise brand-new arguments about donors asking for their money back because Trump’s name is off, since they failed to raise it with Judge Cooper in the trial court before the appeal. NOBL: NOBL gives you real travel peace of mind — security, design, and convenience all in one. Head to https://NOBLTravel.com for 46% off your entire order! #NOBL #ad Subscribe:  @LegalAFMTN  Visit https://meidasplus.com for more! 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 Cult Conversations: The Influence Continuum with Dr. Steve Hassan: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show The Ken Harbaugh Show: https://meidasnews.com/tag/the-ken-harbaugh-show Majority 54: https://www.meidastouch.com/tag/majority-54 On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:02:23 We got some breaking news, and it's against Donald Trump's efforts to get his name back on the Kennedy Center in a three zero decision. The Court of Appeals for the District of Columbia, including one Trump appointed judge, have ruled against him, finding that he is not made out irreparable harm. He's not properly supported his motion for stay with any facts or any evidence that he or the Trump,
Starting point is 00:02:48 the name or the fundraising for the Kennedy Center will be harmed by his name coming down. The federal panel already noted that the name is down, that the millions of dollars already collected mean that they're not suffering any harm because of his name down and any kind of self-inflicted harm by having to return any donations
Starting point is 00:03:09 was not raised with the district court level below with Judge Cooper being raised for the first time on appeal and therefore is improper basis to file a motion for stay. A denial, 30. Let's break it down here on legal AF on Michael Popock and on the Midas Touch
Starting point is 00:03:28 network. Three judges. Judge Millett, Judge Wilkins, and Judge Katsis. Judge Millett and Judge Wilkins appointed by Barack Obama. They came on the court together. Katsis appointed by Trump in his first term, but no dissent from Katsis here. So this is the decision of the three judges. It says, order the motion to stay, meaning to stop and block Judge Cooper's decision, which had several parts and preliminary injunction and permanent injunction, they're refusing to stay on appeal while the appeal continues. Judge Cooper ordered that the name come down, permanent injunction,
Starting point is 00:04:09 no more court proceedings needed, because it violated the organic statute, which set up the Kennedy Center as the Living Memorial to JFK. He also said that they can't close the Kennedy Center until the board does their proper prudent fiduciary duty to determine whether, on a proper record, whether the center can stay open during reconstruction and remodeling.
Starting point is 00:04:36 And third, he placed Joyce Beattie, Representative Beattie, back on as an ex officio member and a voting member of the board. This motion for stay dealt with the name, but as the three-judge panel noted, the name already came down. Let me read to you from the order, will also post in Legal A.F. Substack.
Starting point is 00:04:58 It says on May 29th, 20206, the district court, that's Judge Cooper, ordered, among other things, the removal of President Trump's name from the facade of the John F. Kennedy Center for the Performing Arts. The deletion of his name as part of the title on the official website. The withdrawal of any trademark applications that included Trump's name as part of the Kennedy Center. Then they say that they denied the administrative stay, which they did, at least two to one, we now deny appellant's motion for a stay pending appeal because they have
Starting point is 00:05:30 failed to show how they will be irreparably injured absent a stay. In order to get a stay from an appellate panel or any panel, you have to show irreparable harm, inadequate remedy at law, that you are likely to prevail on the merits and that the public interest tips in your favor. All four factors. Here they're focused on the factor of irreparable injury. First, they say, the name's already come down. So how are you going to be further harmed by the name continuing to be down? They say on page two, first, they argue that the removal of President Trump's name will inflict a reprimable harm in terms of expense and time squandered. But since that removal has already occurred, a stay would not avert those harms, even assuming they would qualify as irreparable.
Starting point is 00:06:19 Rereperable. Second, appellants allege financial harm to the Kennedy Center if they are not permitted to reinstate Trump's name. They argue that removal of the name threatens to impede the center's fundraising efforts. It will contribute to the financial decline of the center. However, they failed to support this assertion with any facts or evidence. Hey, there's an idea. You're in a court. How about using facts or evidence and not mean tweets or social media postings? And the only thing that they offered, was a conclusory, we call it a naked assertion by the executive director of the Kennedy Center under Donald Trump's thumb that was completely factually unsupported in any way. Sure, he swore under oath, but he didn't provide any facts that to demonstrate that fundraising will take a downturn because the name is off the building. In fact, the declaration they found is internally inconsistent because it suggested that the center has already amassed millions and contributions, yet it would be in financial ruin if the name were excised from the title. As a result, they have failed to come forward with any factual record and they're about irreparable harm to entitle them to this emergency
Starting point is 00:07:33 relief. And then they go after the poison pill. You know that airport moment when you're balancing coffee in one hand, your phone's dying in the other and TSA suddenly needs your laptop. That's why I've been obsessed with Noble. I've been using the Belmont leather carry-on, and it's one of those bags that actually makes travel easier. It has a flip-out cup holder, a built-in charging port, and a front laptop pocket so you're not digging through your bag while everyone waits behind you.
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Starting point is 00:09:04 the district court judge, will not be happy about when the case comes back to him on that point. They decided to enter a poison pill. We're going to, first they declared that there is some sort of foundation independent from the Kennedy Center. that they set up with his name and that when they took in donations, they made a commitment to the donors that if the name comes off,
Starting point is 00:09:26 they'll give the donation back. Who told them to do that? And that they're not going to send the money over to the center. See, Trump's always setting up these phony foundations to sit between the real party and interest that needs the money and divert money away from the congressionally funded project. He just did it with the Fourth of July, right? The America 250 fund was created by Congress in a bipartisan way to run the Fourth of July and celebrations about 250. He set up a freedom 250 and then started diverting money to it, including giving phony wire instructions. This is what the House
Starting point is 00:10:05 Democrats have said, phony wire instructions to send the money away from the actual event and the Congressionally oversighted event. Same thing here. Who told him to set up a phony foundation? They go on. Remember, there's all three judges, including Katzis. Appellants argue that a new entity named the Trump Kennedy Center for the Performing Arts Foundation will no longer be able to fundraise
Starting point is 00:10:29 and must return all money raised or committed if the Trump name is not on the facade. But appellants never raised that factual contention in the court below, in the district court and they give no explanation for failing to do so. Such a post hoc, meaning after the trial below, argument cannot demonstrate an abuse of discretion by a district court because he never raised it with the district court. What does this mean? It means that there's no stay pending appeal. Everything that Judge Cooper ruled on, everything will continue in place all the way through until the end of this appeal on the merits, right? Maybe this same three-judge panel may not be.
Starting point is 00:11:13 It depends on how the wheel spins. But for right now, this doesn't bode well for Donald Trump. When he can't even get the Trump appointed, Judge Katzis, who almost always votes for him to vote for him about the Kennedy Center. If Katz was trying out for the United States Supreme Court, which we think he is, along with Judge Naomi Rayo on that court, another Trumper, that wasn't such a great.
Starting point is 00:11:35 tryout. I'm not sure he's going to get the nod based on this ruling. We'll continue to follow it all right here on the Midas Touch Network and on legal A.F. What's going to happen next? Trump files his proper appeal of Judge Cooper. Judge Cooper still has work to do below, right? He's not happy with the fact that there is even is a foundation with the name of Trump next to Kennedy. And he's going to be considering that based on filings made by their lawyers for Representative Beattie, the board member who brought the lawsuit. He's got to do that. He's got to supervise the fact that the Kennedy Center seems to be open but with no programming. Again, a violation of the organic statute about the operation of the Kennedy Center. So there's a lot of work to be done below at the district court level with Judge Cooper. And here you've got one aspect
Starting point is 00:12:28 of the case up on appeal with the appellate panel. Not uncommon. Not on common. But we Because what's going on here is an interlocutory appeal during the pendency of the case below, as opposed to an appeal once the case is complete and final, which is why we're talking at the same time simultaneously about appeals and about lower court actions and work. Now, we know Donald Trump's not happy about this. He immediately attacked Judge Cooper originally when he ruled against him. He said, oh, my name comes off. I'm going to throw the keys to Congress.
Starting point is 00:13:02 They can run it. I don't need it any longer and try to take the ball, you know, try to take the practice ball in his hands and go home with it. But this is not going to work with Judge Cooper. And as you can see, it's not even working with a Trump judge who's on his appellate panel. I'll cover it all for you the way I know how on Legal AF YouTube channel. Take a minute. Hit the free subscribe button.
Starting point is 00:13:25 Until my next report, this is Michael. Can't get your fill of Legal AF. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or an 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 AF. What else? All the other contributors from LegalAF are there as well.
Starting point is 00:13:49 We got some new reporting. We got interviews. We got ad-free versions of the podcast and hot takes. Where legal A.F on substack. Come over now to free subscribe. On July 16th, the hawk lands on Netflix. From the mind of Will Ferrell. Oh, mama.
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Starting point is 00:15:00 Start your free trial on Shopify.com. I started Or Not in 2013 and we make bike apparel. The best part of Shopify for me is our ability to run the business as essentially non-technical people. We're able to admin everything on the back end, front end, and sell things online easily. If Shopify were a bike accessory, I think it would actually be the bicycle. It's the thing that you do the thing on. We run the business on Shopify. Start your free trial on Shopify.com.
Starting point is 00:15:32 I'm Keanu and I leveled up my business with Shopify. Once I figured out that Shopify was a thing, I never turned back. I can create a site with my eyes closed. Shopify thinks ahead of us, you know, and it thinks about the customer more than anything. Every day I'm thinking about some other new business. But Shopify is doing it to me because it's so easy to use. It's like I can't stop. I'm addicted. Start your free trial at Shopify.com.
Starting point is 00:16:00 I started Or Not in 2013 and we make bike apparel. The best part of Shopify for me is our ability to run the business as essentially non-technical people. We're able to admin everything on the back end, front end, and sell things online easily. If Shopify were a bike accessory, I think it would actually be the bicycle. It's the thing that you do the thing on. We run the business on Shopify. Start your free trial on Shopify.com. Thank you.

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