Legal AF by MeidasTouch - Trump DOJ Admits Defeat in Devastating Filing

Episode Date: December 9, 2025

The Trump DOJ has admitted in a new court filing that they have no other case against Former FBI Director James Comey other than the perjury charged, which is now barred under the statute of limitations. Michael Popok explores the new filing on an emergency motion for temporary restraining order and explains why the argument that Lindsey Halligan is “defective” as US Attorney, giving the DOJ another 6 months to re-indict Comey, should fail. Magic Spoon: Save $5 OFF your next order when you go to http://magicspoon.com/LEGALAF 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 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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They've moved to dissolve the temporary restraining order issued by Judge Kolark-Katelli on Sunday to stop them from using certain documents to try to re-indict James Comey documents belonging to a law professor Daniel Richmond, who's also an attorney for James Comey. but in the filing, they take certain positions that are going to make your hair stand on end, are hypocritical, and are also contrary to the law. I'm going to cover it all here for you right now on the Midas Touch Network. Take a moment, hit the free subscribe button on Legal AF YouTube to support all the work that we do there. Just got filed. The first odd position is they actually have the brass ones to tell Judge Colarquitelli that a civil litigant like Daniel Richmond who brings a motion to reclaim his property under the Fourth Amendment

should not be allowed to interfere with an ongoing criminal prosecution. They say particularly on page one, the court's grant of Richmond's request for preliminary relief has effectively enjoined the government from investigating and potentially prosecuting Comey. But federal courts cannot enjoin federal criminal prosecution. A civil plaintiff cannot circumvent bedrock federal criminal procedure via an equitable proceeding like this one. That is exactly what some of these very same lawyers, when they used to privately work for Donald Trump like Todd Blanche, it's exactly what they did when they filed a motion to interfere with the criminal prosecution of Donald Trump related to Mara Lago. They filed a motion that ended up before Judge Cannon.

she actually agreed with them, allowed the defendant as a civil litigant to file a motion to interfere with that prosecution. Now I got reversed by the 11th Circuit, but to hear Todd Blanche now wearing the hat of the head of the Department of Justice say out loud, oh, you can't let a civil litigant interfere with criminal prosecution? How dare you? Now, let's move on to their other admission. They also admit that they're not complying with Judge Curry's order about who is the U.S. attorney in the Eastern District of Virginia. If you go to their signature page, sure, it's signed by Todd Blanche, Deputy Attorney General, but it's also signed by somebody that's masquerading and impersonating a U.S. attorney. Lindsay Halligan is still on the motions as United States Attorney for the Eastern District of Virginia.

Nobody believes that she's the U.S. attorney for the Eastern District of Virginia. I'm not even sure Lindsay Halligan does. Judge Curry, three weeks ago, said she was illegally appointed that a vacancy resulted based on Judge Curry's order, and it needed to be filled by the Eastern District of Virginia judges. Now, they haven't filled it, and Lindsay Halligan apparently keeps showing up to work. But that is a, if I'm Judge Curry, I do an order to show clause why these filing. are in contempt, are not in contempt of her order. And then you go to page 15. Interesting things are sometimes buried on page 15 of a 20-page motion. Here they talk about the indictment. And we've been

wondering if they're going to try to re-indite James Comey, just like they tried to re-indict and failed to indict Letitia James for mortgage fraud recently. Where they're going to try to do a Lindsay Halligan Free Indictment, a clean indictment, to try to clean up the mess. And we said it's going to be difficult because Judge Curry declared that the indictment was null and void, void ab initio, because it came from an illegally appointed U.S. attorney and Lindsay Allegan. Not that it was a defective indictment, that the indictment was illegal in and of itself, was void of it, of itself.

And that meant that the statute of limitations clock, and run, and that the government would not be able to use a statute we call 18 U.S.C. 3288, which allows the government to fix a defect in an indictment, a defect in an indictment, not in the indicting entity, not in the indictment signer, not in the U.S. attorney, in the indictment, a mistake, an error, a typo, an element that was left out, a statute that was miscited. Then you have six months to fix it, and the statute of limitations is extended. That's not what happened here. Plus, they basically admitted they don't have any other crimes to charge James Comey with. They're going to be sticking with this perjury where that he allegedly lied in a

question and answer with Ted Cruz back in September of 2020. But here's what they say on page 15. Mr. they say Richmond, who's again the lawyer for James Comey who brought the motion to get his stuff back. This is documents and information that Richmond had turned over pursuing to prior warrants, not even for this case, back in 2017 and 2020, that were just laying around the FBI offices, apparently, up on a shelf until Lindsay Allegan decided to let an FBI agent go rummaging through them and trampling over the Fourth Amendment rights of Richmond and ultimately the constitutional rights of James Comey to try to gin up an indictment against James Comey in 2025. That's called a warrantless search, folks, that's in violating.

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Here's how you try them. Get $5 off your next order at MagicSpoon.com slash LegalAF or look for MagicSpoon on Amazon or in your nearest grocery store. That's magic spoon.com slash legal a.F for $5 off. Here's what they say about the position. Richmond is flatly mistaken that any charges related to the underlying conduct are time-barred, simply because the district court held that the prior indictment was voided as a result of an appointment defect. It's not an, okay, see where they're going to use the word defect. See, we had a defect.

It was an appointment defect. We're going to fix it. They haven't fixed it. How do they fix it? Because they brought in a number two deputy attorney general, deputy U.S. Attorney to sit next to her? No. They go on to say that the statute of limitations has indeed expired on the charges with which the grand jury indicted Comey. That's perjury.

But 18 U.S.C. 3288, a new law expressly allows the United States to re-indict, quote, whenever an indictment, dot, dot, dot, charges of felony. charging of felony is dismissed for any reason after the period prescribed by the statute of limitations has expired, citing a case from 1976. Except when you go back and you read 3288, and I know it pretty well, that's for a defect in the indictment, not the indictment process, not the prosecuting attorney defect, that she has a defect. That's the only way you get it. Otherwise, you're done. Statutional limitations has run. But we're going to be having a fight over 3288. You can see it coming. It's going to start with Judge Nakmanoff, who I think presides over this particular case.

And then we're going to wait on Judge Curry to decide whether she's going to bring an order to show clause or contempt proceedings against Lindsay Halligan. I recommend that she does. But this also is an admission that they have no other case against James Comey, but this thing that Lindsay Halligan indicted with like an hour to spare in the statute of limitations. They didn't even drop a footnote to talk about. other charges that they could bring. They say that, and finally, they disagree with magistrate Judge Fitzpatrick, the judge in the lower court, who is the magistrate for Judge Nachmanoff, who took a look at what happened with the Richmond files and filed an order, issued an order that said Daniel Richmond's Fourth Amendment rights were trampled upon, that he had

provided his iPhone, his iPad, his emails, and correspondence, and a server back for another investigation that that should have all been segregated by a taint team to make sure that there were no attorney-client privilege information in there and non-responsive information in there that wasn't responsive to the warrant. It then sat on a shelf. It never got used in that investigation. Nobody got prosecuted related to Hillary Clinton's emails until Lindsay Allegan was told there was a box from Daniel Richmond. They were, oh, let's go through the box. They didn't even bother getting another warrant

to get that same material. And Richmond wants his box back because it has attorney-client privilege information in it that the FBI agent who testified to the grand jury against Comey already saw fruit of the poisonous tree.

He's already seen it. So we've got that going on. And the violation of the Fourth Amendment. So what's going to happen next? Later, there's going to be a final filing by Daniel Richmond's lawyers opposing these positions that have now been taken for the first time by the government. They'll then be a ruling before Friday by Judge Kolark-Katelli about whether Daniel Richmond's files, documents, and copies are not only going to be returned to him, but that the government is going to be blocked from using them or any fruit of that poisonous tree

for a future indictment. That's what this is all about. And we'll cover it right here on Midas Touch and on Legal AF. Until my next report, I'm Michael Popak. Can't get your fill of Legal A.F. Me neither. That's why we formed the Legal A.F. 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 A.F. What else? All the other contributors from LegalAF are there as well. We got some new reporting. We got interviews. We got ad-free versions of the podcast and hot takes. Where legal

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