Congress Strikes Back as Trump Rushes $1.8 Billion Scam

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1:00Michael Popok:Corruption unparalleled. A fraud on the court. A fraud on the American people. That's in breaking news. A new filing by 93 members of the House, including and led by Jamie Raskin, Joe Nekusi, and others, with a federal judge in Miami to convince her that she's been had. That the federal court has been used as a pawn by Donald Trump in his phony manufactured suit against his own internal revenue service and then attempts to use that suit to settle in a fraudulent way something that his Department of Justice, which he also controls, does not have the power to settle because that power lies only with Congress.

1:44Michael Popok:I'm Michael Popak. We got a fast-moving docket down in Florida in the Trump versus Internal Revenue Service, basically Trump versus Trump, where he controls the Internal Revenue Service. He controls the Department of Justice all to set up this slush fund for himself for$1.776 billion. And now standing between that and it happening is one Judge Williams, who I know well in Miami. At the moment that we said coming off the weekend from Legal AF that Trump would try to avoid having to file the required jurisdictional brief with the judge. because the judge basically said, I don't see how there are adversarial parties here.

2:29Michael Popok:I see this as Trump versus Trump in effect, one dominating over the other and required a brief or two from the IRS, from Donald Trump. No, they've been working overtime internally at the Internal Revenue Service to try to settle the case. But how do you settle a phony case? That's always been the problem. I pointed that out on Legal AF for the last month without a legitimate good faith lawsuit. Donald Trump has nothing to trade in consideration for the settlement. And therefore he'd have to find another statute or he'd just be robbing the treasury of money to set up a slush fund that he controls through a phony commission.

3:09Michael Popok:And he's involved his own department of justice, which he also controls as the chief legal officer. And they're in on the conspiracy as well. That's the premise of the briefing by the 93 members of the House who are Democrats led by Jamie Raskin and filed by a friend of mine as local counsel, Andre Rivero from Rivero Mestre. Let's get to these filings. Trump files first a notice of voluntary dismissal under Rule 41. He says he doesn't need the court's permission and she can't take any other action. I'm not so sure about that. because if you fraudulently file in order to fraudulently settle, I think the federal judge has inherent authority to not be used, to administer justice, to bring the lawyers like Alejandro Brito representing Donald Trump, the Department of Justice, the Internal Revenue Service, the parties before her, out in order to show cause to determine whether she's been had or not.

4:08Michael Popok:See, she should not be used this way, and there should be a hearing over it, And that's what the new motion filed by the 93 Democrats is asking her to do. They're asking that their amicus brief be accepted. And in their amicus brief, they say the following on pages 12 and 13 and 14. That's really the heart of the matter. they say there in section two this is now the democrats writing to judge uh williams the doj lacks authority to settle this collusive suit once establishing that the suit is collusive if this court determines that this is a collusive suit meaning there's no true adversarial parties here they're all in cahoots then the then the doj would lack authority legal authority to settle it on behalf of the defendant agencies or the United States for two reasons.

5:07Michael Popok:First, they say there are particular statutes that are implicated and they don't apply nor give the power that Trump wants. There's the Judgment Fund Statute 31-USC-1304, which has specific constraints that foreclose a corrupt settlement, particularly if it's a compromised settlement, which is what this would appear to be, then the attorney general cannot compromise a settlement unless there is a legitimate obligation or liability or imminent litigation that he's settling. But if it's been withdrawn already and it's phony from the start, then it cannot be the basis of a compromised settlement.

5:50Michael Popok:So the argument goes. They say on the bottom half of page 13, a feigned or collusive suit over which the court has no jurisdiction and one that has been voluntarily dismissed already on Monday is not fact, is not actual or imminent litigation. This episode is brought to you by IQ Bar, our exclusive snack, hydration, and coffee sponsor. IQ Bar protein bars, IQ Mix hydration mixes, IQ Joe mushroom coffees are the delicious, low sugar brain and body fuel you need to win your day. The ultimate sampler pack. It's a great way to try all IQ bar products and flavors. You get nine IQ bars, eight IQ mix sticks and four IQ Joe sticks.

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7:12Michael Popok:And right now, IQ Bar is offering our special podcast listeners 20 % off all IQ Bar products, including the Ultimate Sampler Pack, plus free shipping. To get your 20 % off, text LEGALAF to 64000. Text LEGALAF to 64000. That's LEGALAF to 64000. Message and data rates may apply. See terms for details. They then say, look, the second reason it can't be settled and it's a fraud is because it would violate the Domestic Emoluments Clause of the Constitution, which applies to the president. Article 2, Section 1, Clause 7 says that other than his paycheck, that a president cannot receive any other emolument.

7:58Michael Popok:When you hear emolument, think benefit, profit, gift, reward, anything of value from the United States or any of them other than his paycheck. And they're saying that this violates this$1.7 billion slush fund creation, gives him benefits, right, to benefit his cronies, political benefits, other benefits, both monetary and non-monetary, that he is not entitled to and that violates the emolument clause. This is going to be, and we're going to be reporting on the next wave of lawsuits, this will be the template for them. This was a brief, but there's going to be a lawsuit. The lawsuit's brought by maybe the very same people, democracy defenders and Norm Eisen and Matt Plack and former New York, New Jersey attorney general and others, will be bringing suits.

8:49Michael Popok:And they'll argue that this is a violation of the emoluments clause. It will be the second one in a week. There's a case in Miami as well, brought by local residents in Miami against the Trump Library, Casino, Convention Center, whatever it's supposed to be, in Miami as also a violation because they got a$300 million piece of property for free, for free from Miami-Dade College, whose entire endowment is the same value of what they gave up through Ron DeSantis in order for him to build a 50-story building. That's a violation of the emoluments clause, don't you think? And that case is in Miami as well, which we're following very, very closely.

9:30I like this filing and the way it is

9:35Michael Popok:argued about the fraudulent and conspiratorial nature and improper purpose of all of it. They say at the top of their filing, and it's very well researched, here's how they start. The Amici Curi are 93 members of the United States House of Representatives. They are interested in this case because they took an oath to uphold and defend the Constitution. The president is attempting to undermine the Constitution by bringing this collusive suit against the federal government, contrary to the requirement that federal courts may only hear cases or controversies. The Department of Justice is entrusted with defending the United States against claims under these laws and ensuring that the statutory requirements are met before money is paid.

10:23Michael Popok:However, the DOJ has colluded with President Trump and his allies and in doing so abdicated these responsibilities. Should this lawsuit achieve plaintiff's desired ends, it would result in the improper and unconstitutional transfer of taxpayer dollars into the pockets of the president, his family, and his allies. Having taken oath to uphold and defend the Constitution, the movements cannot stand by and let the Constitution's provisions go ignored. We agree. Glad you're here on Midas Touch on Legal AF. I'm in Miami. I'm going to follow this case closely. I know the lawyer is involved. I'll try to get him on here to do some exclusive briefing of League on Legal AF and the Midas Touch Network.

11:07Michael Popok:So until my next report, I'm Michael Popak.

11:29Michael Popok: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, wear Legal AF on Substack. Come over now to free subscribe.

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