In short
The episode argues that the Seventh Circuit Court of Appeals limited Donald Trump’s use of the federalized, militarized Illinois National Guard under the Insurrection Act: the Guard can be mobilized/taken over, but not deployed on Illinois streets until full briefing. It contrasts earlier rulings by judges Perry and Ellis (including injunctions against militarized tactics like pepper balls against clergy, journalists, and protesters) with a similar Ninth Circuit approach in Oregon (Judge Immergut). The hosts claim Stephen Miller’s America First Legal—linked to Miller—filed a supporting brief, and they criticize Vance’s and Miller’s “insurrection” rhetoric. Notable examples cited: pepper balls fired into a frog-suit protester; alleged hogtying/gang-tackling in Chicago and Oregon; and a claimed $200 million cost for a D.C. operation.
Guests
none mentioned; the hosts are Michael Popok (Legal AF/Midas Touch Network) and Ben Mycelis (Midas Touch Network).
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOCourt Ruling Overview
0:40 to 1:32
An overview of the Seventh Circuit Court's recent decision regarding National Guard deployment.
“Donald Trump's federalized, militarized National Guard in Illinois stay in your barracks.”
Context of the Ruling
1:32 to 3:16
Understanding the backdrop of Trump's actions and the implications of the Insurrection Act.
“All right, let's talk about how we got here.”
Judicial Orders and Civil Liberties
3:16 to 5:36
Discussion on judges' orders regarding the use of military force and civil liberties.
“Two judges last week, Judge Perry and Judge Ellis.”
Seventh Circuit's Decision Analysis
5:36 to 7:01
Analyzing the implications of the Seventh Circuit's decision for Illinois and the National Guard.
“Fast forward to Chicago, on the heels of Oregon, Judge Immergut, I can see a lot of Judge Immergut's ruling and analysis in Judge Perry's ruling and Judge Ellis' ruling.”
Stephen Miller's Influence
7:01 to 9:40
Exploring Stephen Miller's role and influence in the current political climate.
“Now, well, it's only an administrative stay.”
Threats to Law Enforcement and Society
9:40 to 14:06
Discussion on the threats to law enforcement and the implications for American society.
“I wanted to let you know about my podcast partner, Michael Popak's new law firm.”
The Impact of Trump's Actions on Americans
14:06 to 16:20
Discusses the implications of Trump's aggressive tactics against Americans and the financial costs involved.
“When you see video clips in Chicago, in Oregon, in D.C., of human beings being hogtied, gang-tackled, pepper-sprayed, shot in the head with pepper balls, including members of the clergy.”
Engagement with the Legal AF Community
16:20 to 17:22
Encourages listeners to engage with Legal AF through YouTube and Substack for updates and content.
“By standing guard in front of national monuments?”
Transcript
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0:45Michael Popok:Donald Trump's federalized, militarized National Guard in Illinois stay in your barracks. We have a new decision over the weekend. In breaking news, the Seventh Circuit Court of Appeals sits in Illinois over all Illinois federal courts. very similar to the Ninth Circuit Court of Appeals, has said to Donald Trump, you can mobilize, but you can't deploy. You can take them over. You can leave them in their barracks, but don't put them on the streets of Illinois until we've had full briefing. And we've had a opportunity to make our ruling almost identical to what the Ninth Circuit Court of Appeals did about Judge Imbergat's decision in Oregon.
1:23Michael Popok:That's the same reason those National guardsmen are staying in their barracks. I cover it all right here on the Midas Touch Network and Legal AF. Thanks for being here with us. All right, let's talk about how we got here. Against the backdrop of all of that, we've got Donald Trump, J.D. Vance, and the real president of the United States, at least for domestic policy, is Stephen Miller using the language of insurrection. Not only that, but Stephen Miller, who formed a law firm that sounded suspiciously like Legal AF while he was in exile the first time called America First Legal has actually asked the Seventh Circuit for permission to file a brief in support of the Trump administration.
2:06Michael Popok:I mean, how many how many players are there going to be allowed? Too many players on the field, judges. They've already got their Department of Justice. They've already got their Solicitor General. They've already got Stephen Miller in the White House. Now we need a law firm controlled by Stephen Miller filing briefs to support the Trump administration. I hope the Seventh Circuit rejects that. Let's start with how we got here, the Seventh Circuit decision, which I'm going to post up on Legal AF Substack, and some clips from over the weekend and beyond just to show you what we're dealing with, with this threat of the Insurrection Act, which has been invoked about 30 times in American history.
2:43Michael Popok:The last time in 1992, when L.A. got a little bit out of control, parts of it anyway, during the Rodney King riots. It requires that there be a rebellion or domestic violence as as pointed out by the president to exercise it. And then he can federalize and militarize everything against the American people. And he's been threatening it now that the Seventh Circuit has ruled. Get ready. We're getting closer. If the insurrection clock is not at midnight yet, but it's getting awful close. Let's start with Judge Perry. Two judges last week, Judge Perry and Judge Ellis. issued or companion orders about the Donald Trump's use of the National Guard on the streets.
3:27Michael Popok:First, Judge Ellis ruled if the National Guard is going to be on the streets or the military is going to be on the streets, you got to abide by the First Amendment and civil liberties and you can't fire pepper balls into the face of clergymen wearing the cloth, journalists or protesters. The fact that a federal judge had to write that, do not, you are blocked, you are enjoined from firing pepper balls, using riot gear, using militarized riot gear against journalists and members of the clergy and First Amendment protesters is shameful. But she did. She had a long list. We have it up on Legal AF Substack, a long list of military-grade riot gear from pepper balls to non-lethal rifles, whatever that's supposed to be.
4:14Michael Popok:I mean, a bullet in your head is probably going to cause you damage regardless. Zip ties and missile launchers and gas, use of gas for dispersion. I mean, we've seen video of a guy in a frog, a person in a frog suit protesting and a ICE officer or National Guard putting a pepper ball, shooting it into his costume. It's just mind boggling. So then we had the second order a day later from Judge Perry, in which she cited to Alexander Hamilton and the threat of tyranny when a president uses the military or militarized, federalized state militia against the American people. Citing back to Alexander Hamilton, the Federalist Papers, citing back to the Declaration of Independence about why our founders left England and the threat of a standing army by King George and the fact that he's not allowed Donald Trump to have his own set of facts, own deference to facts when there was no out-of-control domestic violence or rebellion on the streets of Illinois to justify at all the use of the military or the commandeering of the military by the president.
5:31Michael Popok:And she wrote it in her order and stop them from employing it. Similar to what Judge Immergut did in Oregon, although based on the Ninth Circuit oral argument dominated by two Trumpers, I'm not so sure any part of Judge Immergut's order is going to stand, but they did for now stay the deployment in Oregon. Fast forward to Chicago, on the heels of Oregon, Judge Immergut, I can see a lot of Judge Immergut's ruling and analysis in Judge Perry's ruling and Judge Ellis' ruling. While that's all going on, we get an order from the Seventh Circuit on Saturday, which effectively adopts the same logic as the Ninth Circuit a week earlier.
6:19Michael Popok:It says, and we'll put it up on the screen, and we'll put it up on Legal AF Substack, for now, administrative stay, just for the purposes of, till we get through the appeal and briefing. mobilization, meaning the takeover of the Guard under Section 12406. We're going to allow it, not making a decision about the substance and the merits of it, whether the grounds for taking over the National Guard were present, but stay in your barracks. We're not letting you deploy. Floyd, that's a win for Judge Perry and for Chicago and the Illinois Attorney General for sure. Now, well, it's only an administrative stay.
7:03And then we had, if you check the docket, which of
7:06Michael Popok:course I did, which is the electronic version of everything that's been filed or requested to be filed in the case, you've got, I spotted America First Legal. We always follow them because they're trading on our name. America First Legal, which is Stephen Miller's, the White House deputy chief of staff, but he holds much more power than that title would reflect. His organization is filing a brief in support of Trump. How many briefs does Trump get? He gets his brief, his Department of Justice brief. He gets this shadow Department of Justice brief from Stephen Miller. And then you had, in the wake of all of this, that was Saturday, Sunday, J.D.
7:48Michael Popok:Vance goes on, Kristen Welker, meet the press and starts talking about the Insurrection Act again. Let's play that clip. Let me ask you, of course, there's a major legal battle underway about the administration's deployment of the National Guard. It does come as NBC News is reporting that the administration has been seriously discussing invoking the Insurrection Act. That would give the president the power to direct federal troops to conduct law enforcement functions in the case of a national emergency. Is that the case? Are you seriously considering invoking the Insurrection Act? Well, the president's looking at all of his options.
8:22Right now, he hasn't felt he needed to. But we have to remember, why are we talking about this, Kristen? Because crime has gotten out of control in our cities, because our ICE agents, the people who are enforcing our immigration laws, have faced a 1 ,000 percent increase in violent attacks against them. We have people right now who are going out there, who are doing the job the president asked them to do, who are enforcing our immigration laws. They're being assaulted. They're being beaten. They're being shot at. The problem here is not the Insurrection Act or whether we actually invoke it or not.
8:52The problem is the fact that the entire media in this country, cheered on by a few far left lunatics, have made it OK to tee off on American law enforcement. We cannot accept that in the United States of America.
9:04Michael Popok:We want everybody, black or white, rich or poor, to be safe in the United States of America. Which is very consistent with what Donald Trump did a week or so earlier in the White House when he's like, well, I hadn't thought about the Insurrection Act, but, you know, we can always do it. I mean, look, his prior attorney general for about 10 minutes, Jeffrey Clark, during 2020, was promoting the use of the Insurrection Act to do things like seizing voting machines during the 2020 election. So the I word has always been part of Donald Trump's vocabulary, although many other things are not, obviously.
9:37Hey, everybody. Ben Mycelis here from the Midas Touch Network. I wanted to let you know about my podcast partner, Michael Popak's new law firm. It's called the Popak Firm. Michael Popak's pursuing his dream of starting his own law firm, really based on the popular demand by all the Midas, Mighty, and Legal AFers who are approaching Michael Popak with their cases and saying, can you help us? And at that time, Popak was not able to. So he went out on his own. He started the Popak firm where he is now handling catastrophic injury cases like car accident cases, trucking cases, malpractice cases, big negligence cases, wrongful death cases.
10:21So if you or someone you know have a case like this, the consultation with Popak's firm is free. Give him a call. See if you have a case. It's thepopakfirm.com, thepopakfirm.com, or you can call 877-POPAKAF, P-O-P-O-K-A-F. So 1-877-P-O-P-O-K-A-F. Give Michael Popak a call. And I'm really proud of you, Popak. Thanks for all the hard work you're putting in.
10:51Michael Popok:Stephen Miller, though, is the scary guy. He's the grim reaper. As Gavin Newsom once said, Stephen Miller is that guy, you know, that is in the hotel room in the dark that watches that guy. Here's a here's a series of clips about Stephen Miller using the language of insurrection, using the language almost from the very beginning of attacking Americans for and declaring them to be disloyal when all they're doing is properly First Amendment dissenting. Let's play some clips of Stephen Miller, who's also been using that language of insurrection against federal judges who've ruled against the Trump administration.
11:29Michael Popok:Let's roll the worst of Stephen Miller. This is organized domestic terrorism. The purpose of domestic terrorism is to obtain through violence and intimidation and the threat of violence, a change in politics or policy that cannot be obtained through lawful democratic means. This is an all out campaign of insurrection against the sovereignty of the United States because the Democrat Party and those who are committing violence in this country do not believe in the legitimacy of the sovereign territory of the United States and they don't want any of these legal aliens to go home. So they want to cement by force, by violent force, the invasion that took place between 2021 and 2024.
12:10Thank you. Vote for the right to have a secure sovereign border and for the right to have a government that puts American citizens ahead of illegal aliens. Cannot conceive of a nation without a strong, secure border. It is fundamental and essential to the idea of sovereignty and national survival to have control over who enters and doesn't enter the country. So we're going to ignore these stupid white hippies and all need to go home and take a nap because they're all over 90 years old. and we're going to get back to the business of protecting the American people and the citizens of Washington D.C.
12:42I think what's happening here is that what the president has done is made clear. The power of federal law enforcement that was used for the last four years to harass and attack conservatives, to harass and attack Christians, to go after law-abiding families, the power of law enforcement under President Trump is going to be used to get all the criminals, all the violent offenders, all the murderers, all the cartels, and all the domestic terrorists off our streets. So whether you're Antifa, whether you're a domestic terrorist, whether you are a violent gang member, a drug trafficker, a trained Irohaw killer or anyone else asserting our people, President Trump is saying he's going to use his FBI, his DOD, his ATF, his DEA to wipe you out, to put you in bars, behind bars, to take you off the street or to apply whatever legal consequences necessary.
13:30Michael Popok:Now, what's at stake here is important. And it's been framed by judges like Judge Immergut and Judge Perry, who have said this is for the soul of America. This is for the soul of our federalism that put our country together. the power of the states, the power of the federal government, the power of the states that needs to be respected under the 10th Amendment, the sovereignty of the states that needs to be protected, how we as a nation put up firewalls and draw lines in the sand to stop an overgrown, out-of-control, petulant, vengeful president who's attacking Americans. When you see video clips in Chicago, in Oregon, in D.C., of human beings being hogtied, gang-tackled, pepper-sprayed, shot in the head with pepper balls, including members of the clergy.
14:29Michael Popok:Just think that is a fellow American. This isn't Trend to Aragua. This isn't Venezuelan narco-terrorists. These aren't people that are being blown out of the water in the Caribbean without due process. These are Americans, whether they're American veterans, American protesters. You hear it in the language, right? It seeps into their language. They say it just this greasy way in which they just say it out loud. You heard J.D. Vance on the earlier clip, radical left needs to be crushed. You mean dissent in America. Dissent is not disloyalty. And we have to continue to call it all out here. What's going to happen next?
15:12Michael Popok:I hope the Seventh Circuit Court of Appeals rejects Stephen Miller's phony brief, second bite at the apple by the Department of Justice effectively. I hope they make the decision. I'll know more about my prediction about how that Seventh Circuit's going to go when I see how many Trumpers are on that panel. You know, it's like, how many Trumpers does it take to screw up an American constitutional republic? We're going to find out. And I'll report on that on Legal AF Substack to give you some live reporting at the minute all there. That's the next step, briefing the hearing. I don't think we're going to get a ruling on the Ninth Circuit about Oregon for maybe another week or two-ish, sometime in October.
15:55Michael Popok:This will be sometime October, early November. And let me just put a fine point on this. The wastefulness of the attack and the abuse of Americans. Just for D.C., just for the D.C. takeover, it's already been calculated and estimated that it's cost the American taxpayer$200 million. dollars. For what? For local policing by the military? By picking up litter? By standing guard in front of national monuments? $200 million. Now multiply that. Illinois, bigger. Oregon, bigger. We're talking about a billion dollar muscle flex by Donald Trump to show who's the boss. You know who's the boss? We are. We are the people, not the elected officials.
16:50Michael Popok:They last for a relatively short amount of time, while we are the defenders of this constitutional republic. We do it here. We meet here. This is our clubhouse. Midas Touch, Legal AF. I'm glad you're here. We're going to continue to follow it. Slide over to Legal AF YouTube. Hit the free subscribe button there as well. We're trying to get to that one million dollar, Sorry, 1 million subscriber magic number on that YouTube channel. The bigger we are, the more your voice is heard, the more your muscle flexes. Same thing for Legal AF Substack. So until my next report, I'm Michael Popok. Can't get your fill of Legal AF?
17:25Michael Popok: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 a oral argument, come over to the Substack. You'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, Morning AF. What else? All the other contributors from Legal AF 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 AF on Substack. Come over now to free subscribe. You want to get your backyard summer ready, but you don't want to break the bank?
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From the publisher
In Breaking News, the 7th Circuit Court of Appeals has blocked Trump’s deployment of Federalized National Guard Troops on the streets of Chicago and the rest of the state, ordering them to remain in their barracks until they have had a chance to consider Trump’s appeal. Triggered by the ruling, VP JD Vance took to the airwaves to promote the use of the Insurrection Act, as Stephen Miller’s phony law firm “America First Legal” asks to file a brief to support Stephen Miller’s own policies. Michael Popok looks at the new ruling and how federal trial courts are ruling against Trump by citing to the Founding Fathers and Framers, and warning Americans that Trump poses an existential threat to our Republic.
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