Legal AF by MeidasTouch - Trump’s DOJ Cries to Judge About Its Missing Staff

Episode Date: March 4, 2025

Hear that gurgling sound? That’s the sound of the Trump DOJ, outmanned, outgunned, and underfunded courtesy of Elon Musk, losing regularly under the strain of 95 cases in the first 35 days of the Administration. Michael Popok reports on the DOJ telling an unsympathetic federal judge that they just couldn’t get to his case because they don’t have enough staff and what that means for Plaintiff’s groups suing the Trump Administration at a record pace. 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. Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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Come, walk with us, Indigenous Tourism Alberta. Hear that gurgling sound? That's the Trump Department of Justice and its beleaguered lawyers who are drowning under the weight of almost 100 lawsuits filed in the first 35 days. And it's bursting out into the open in court hearings in front of federal judges. Maybe if you decide you're going to conduct your administration through the frequent issuance

of illegal and unconstitutional executive orders, maybe you better have the people power ready to go with the Department of Justice. And that's one area that maybe Elon Musk shouldn't be swinging the axe but it's great for our democracy and for the rule of law and more importantly for the lawyers and law firms on the other side of the Department of Justice because for once in their life they are outgunning the Department of Justice and not the other way around. I'm Michael Popak, slightly giddy here on the Midas Touch Network and on Legal AF. We always thought there would be an impact on the cost cutting

and the hollowing out of federal workers. I mean, every time we have to do a report about another dozen or two dozen or a hundred or two hundred DOJ members who were retaliated against because they used to work in the Biden Justice Department, even though they're career bureaucrats, career prosecutors and staffers, been there forever. Well, what do you think happens? Every time you hear about Elon Musk swinging the ax or Pam Bondi doing it, there's no MAGA replacement

for these people right behind it. They just show them the door with their little box of stuff and there's nobody to replace them. So what does that mean? It is aberrational for there to be 100 lawsuits in the first 35 days. I'm supposed to be talking about whatever the accomplishments are for an administration in the first 100 days. Instead, I'm talking about the first hundred lawsuits in the first 35 days and behind every lawsuit there's there's five or six Department of Justice personnel that have to handle the case and they don't have enough staff apparently. I'll go over the it's now 95 and all the preliminary injunctions and all the

temporary restraining orders and all the appeals the various appellate courts a couple of that have trickled out to the United States Supreme Court, but I'm pulling it all together with this. Listen to this back and forth between a Department of Justice Assistant U.S. Attorney and Judge Chang in Maryland about the USAID, the attempt to shutter our diplomacy and cut off billions and billions of dollars of federal aid to organizations overseas through American contractors and workers, by the way, and their paychecks, to help on a humanitarian basis people in need and people that are dying around the world. So they got into it over the judge getting fed up with the Department of Justice slow footing the case. And

here's the back and forth that has been reported. Judge, why do you why do we get a declaration but there's really no documentation of anything there? Mr. Morocco who runs USAID for now, says every decision was approved by Secretary Marco Rubio. I've got no documentation, a letter, an email showing that the Secretary, Marco Rubio, approved anything, right? You know, judges get a little squeamish when they're in courts and they're supposed to be the trier of fact and there's no facts presented through evidence. The U.S. Attorney Gardner responds, I think it's important that everyone understands the context here. Since January 20th, we have received approximately 80 lawsuits, it's 95 now, and our staff at the Justice Department's federal programs branch

has been cut in half. Well, who? That's the stuff right there. Whose bright idea was that? Whose bright? Donald Trump had no problem spending 30 million dollars a month on his personal lawyers when he was being prosecuted all around the country and grifting and getting donations to pay them. What about the Department of Justice? So this is the moment when this US attorney decided that they were going to cry on the shoulder of the judge. I've been a federal litigator for 35 years.

I can tell you that there is no time that is appropriate to cry on the shoulder of a judge. I've argued in front of judges that are supremely engaged, supremely competent, supremely annoyed, supremely prepared, sometimes ill-prepared, but I've never met any that I could characterize as comforting. Let me just get to, I mean sometimes I like the results, but not the demeanor. And I know some of these federal judges, just to be fair. I knew them as lawyers.

I knew that when they were state court judges, became federal judges, I've gone out to lunch with them. Doesn't help. So I don't think this was the time for this person to complain about funding and the fact that they haven't gotten a day off. But this lawyer continues. It's been cut in half.

We have about half the number of staff that we had in November, November being the Biden administration period. And we're working on these expedited schedules, dot, dot, dot, judge jumps in. Morocco could have provided more in his declaration. It wouldn't have taken extra work on your part to seek more documentation. In other words, you're a lawyer, ask for the documents. If it really was a decision by USAD, there should be a piece of paper or an electronic message from Secretary Rubio saying, I'm approving it. Morocco said he had the authority. Morocco would have had access to

something that was signed. Why don't we have that? I'm not trying to be obsequious. We're doing the best we can, gurgle, gurgle, the gurgle, gurgle, gurgle, gurgle is my part, to get as much information as possible. The judge, you're saying that the Justice Department isn't taking this case seriously? Now every hair on the, I don't, I'm not standing behind the judge, but I will tell you that every hair on the back of the judge's neck is now standing up. Okay? And he's growing a few more gray hairs talking to this lawyer. You're trying to tell me that the Justice Department isn't taking this case seriously?

They're not staffing it sufficiently? Lawyer, drowning. It's the opposite. I haven't had a day off since January 20th. The mock sobbing is mine. We're working day and night, Judge. I understand that. They're cutting people across the government. If you're saying you don't have enough people, maybe that's part of the problem.

I mean, if USAID can't respond to lawsuits, maybe they need more people. I don't know. I wasn't in the room. I'm reading it from a dry report. I don't know if the judge chuckled at all during that, but it was a sad state of affairs. What has happened to that proud institution called the Department of Justice under Donald Trump as his own attorney general with a meat puppet by a side named Pam Bondi. They're busy writing letters about firing people and hiring ultimate fighters to train the FBI and let's get to the bottom of the

Jeffrey Epstein files and having these ridiculous performative kabuki theater in the Oval Office handing out binders but they can't staff the 95 cases properly? Your nighttime bedroom temperature has a huge impact on your sleep quality. If you wake up too hot or too cold, I highly recommend you check out Miracle Maid's bedsheets. Miracle Maid sheets are inspired by NASA and use silver-infused fabrics that are temperature-regulating so you can sleep at the perfect temperature all night long, no matter the weather, so you get better sleep every night.

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three-piece towel set and save over 40% off. Again, that's trymiracle.com slash LegalAF to treat yourself. Thank you MiracleMaid for sponsoring this episode. I've been up against the federal government in my career, probably 30 times, maybe 40 times in some capacity, including trials and jury trials, and that civil investigations, criminal investigations and the like.

What we always tell our clients is that we are outnumbered, we are outmatched, and we are outgunned at the very start. But there is usually an asymmetry between what a private lawyer can do in terms of resources and what the government, who represents the United States of America, what they have at their disposal. We always used to tell them it's unlimited. It's a mindless group of prosecutors and FBI and they'll

just put more people on it and more people on it. We're out. We're three people. It looks like the days of plaintiffs' lawyers or defendants in this case, plaintiffs lawyers, the days of them being outmatched by the Department of Justice are over. We now have parity. This is like the NFL. This is like why it's eight, every team is usually eight and eight, something like that. Because now the Department of Justice looks like it's five people running around trying to defend 95 cases in a dozen different courthouses around America. Let me just tell you, if this is what is bursting out into the open, almost a lawyer bursting into tears about not having a day off since January 20th, right? I think that person glitched. I think that person is going to be

taken out in the back and reprogrammed by the Trump MAGA, but that's for another day. Let me give you an overview of the cases before I leave this hot take. There are 95 cases as of this recording. Let me tell you how it breaks down in general in big numbers, big components, big puzzle pieces. 16 of the cases deal with immigration or citizenship. So far of those 16 cases, all coming out of these executive orders,

there's been five preliminary injunctions and two temporary restraining orders. Okay, again, let's keep the timeline on the X axis. Okay, this is 35 days in, 16 cases, immigration and citizenship. There are 26 cases about federal workers and Doge and you can translate that to Elon Musk cases. 26 cases resulting in two temporary restraining orders and two preliminary injunctions and one order on discovery. To attack the independence

of boards that are bipartisan or boards that Donald Trump has done, there are five cases and one temporary restraining order. About the USAID coming out of the State Department to help humanitarian humanitarian relief efforts around the around the world, there are four cases and one temporary restraining order. About the the Consumer Finance Protection Board, another thing that the MAGA wants to destroy, there are two order. About the consumer finance protection board, another thing that the MAGA wants to destroy. There are two cases about the inspector general,

inspectors generals filing. There are two cases about cutting off domestic funding and impounding those funds. There are four cases and two temporary restraining orders. A little covered area about the National Institute of Health and its reimbursement policy, which goes to research, like to find cures for cancer. There are three cases and a temporary restraining order

about that. Just to show you the disproportionate focus, warped focus of this administration, there are nine cases involving transgender issues, transgender athletes, passport policies, gender affirming care, transgender people in the military, and transgender prisoners. Nine cases just about their attack

on the transgender community. There's one temporary restraining order and one preliminary injunction related to that. About diversity, equity, inclusion policies, right? Getting rid of them all, just letting white people get all the jobs, I guess is another way to put it. There are seven cases about the FBI

and the Department of Justice, mass firings, which goes to the issue I started the hot take with. There are two cases about the environment. There are two cases. So if you add all those big pictures up, you're coming up with the 95 cases that are out there. The success rate so far in the more than 40 preliminary injunctions and temporary restraining orders is hovering above 90%. There's been a few losses here and there. There's some that I've done about the Supreme Court, not on US aid, wanting full briefing

before a restraining order, compelling $2 billion worth of payments to be made goes out. But by and large, if you told me in November the 5th or January the 20th that we'd file as a collective against the Trump administration rogue policies, depraved policies, American value list policies that we would file 95 cases and be winning 90% of them at this juncture? Sign me up. It's higher than the percentage of the first administration.

First administration, the winning rate was about 80%, between 80 and 90%. Now it's over 90%. Why? Because Donald Trump has gone mad. Because he's gone round the bend because he's demented. He's depraved. I mean, there's no other way to watch him acting out foreign policy, domestic policy, funding policy, executive orders, what floats his boat and lights up his face every day

without thinking, yeah, he's not there. There's no executive functioning in the executive branch, you know, if you know what I mean. So we would take it in a heartbeat. I'll continue to follow it. But news, you know, meet me at camera one, as somebody once said to the Department of Justice, trying to cry on the shoulder of federal courts because your administration's executive orders are illegal and unconstitutional. And by signing 50 or 60 executive orders, it's resulted in 100 lawsuits in 35 days is not the problem of the federal courts. And they don't want to hear that

you aren't prepared because of your funding or because of your personnel cuts and somebody trying to hollow out your personnel, Musk, they don't want to hear about it. And the good news for the plaintiffs, the attorneys general, the public interest groups, the NGOs, the non-governmental organizations, the attorneys general.

Good news for them is that they're no longer outmatched by the resources, power, and sheer volume of personnel to the Department of Justice because they're not funding it or budgeting it or assigning personnel to it at the appropriate amounts. Take advantage of it now. I'll continue to follow all of this. That was a big picture.

Michael Popock here, Legal AF. I do my work in two places. Here on the Midas Touch Network since the beginning for the last five years at the intersection of law and politics. Also, we have a channel together called Legal AF MTN for Midas Touch Network. There, five, six, seven, eight videos a day a channel together called Legal AF MTN from Midas Touch Network.

They're five, six, seven, eight videos a day catching you up in the intersection of law and politics at a granular level, but we make it informative and entertaining. I have court accountability action with me there. Shan Wu, Dina Dahl, Karen Freeman, Nick Nifilo, myself join us at the Legal AF YouTube channel. Then Legal AF the podcast. We have Legal AF in all different sizes for you, in all different types. Legal AF the podcast, Wednesdays and Saturdays at 8 p.m. Eastern time. Come on, you can do this with me. On this YouTube channel, Midas Touch, and then on audio podcast platforms of your choice. We're regularly, regularly in the top 10

worldwide as a podcast. Amazing. On the number one, Midas Touch Network. And then podcast platforms of your choice. We're regularly, regularly in the top 10 worldwide as a podcast. Amazing. On the number one, Midas Touch Network. And then I got a new show called Popak Live. Tuesday nights, 8 p.m. It's me right here. Intersection of law and politics.

I'm unhinged occasionally, unfiltered, untethered, uncensored, all on the Midas Touch Network. So until my next reporting, I'm Michael Popock. Go to YouTube now and free subscribe at Legal AF MTN. That's at Legal AF MTN. Get ready for Las Vegas style action at BedMGM, the king of online casinos. Enjoy casino games at your fingertips with the same Vegas strip excitement MGM is famous for.

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