Judge Busts Trump Prosecutor Hiding Evidence in Comey Case

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0:30Michael Popok:A federal judge just rejected the attempts by the Trump administration, its Department of Justice and Lindsey Halligan, who's on the hot seat to spoon feed the federal judge information and not give her a full accounting of what Lindsey Halligan did and said related to the grand jury. What did she tell them to get those indictments against James Comey and Letitia James? Judge Curry, who is presiding over whether Lindsay Halligan as a prosecutor lives or dies, whether she gets bounced for being illegally appointed. Judge Curry demanded in an order that by five o 'clock yesterday, the federal government provide all documents related to the grand jury proceedings against Comey, against Letitia James.

1:17Michael Popok:They've been consolidated in front of her. It's been sent to a South Carolina judge about an Eastern District of Virginia matter because of a conflict of interest among the judges. So for this particular issue, it is Judge Curry who is in charge. And she's not happy, based on this new order I'm going to read to you, she's not happy with how she's being, well, what, cuddled or spoon-fed by the federal government. When she says, when a federal judge in a black robe says all, they mean all. I've been a federal practitioner for 35 years. You don't play. Federal judges don't play. They sit on high, literally on a bench with a black robe, with a lifetime appointment.

1:56Michael Popok:And when they say jump, you say how high, ma 'am, your honor. Let me read to you from this. Before I get there, what Judge Curry is trying to get to the bottom of is whether under Section 546 of the Vacancy Reform Act, whether Lindsey Halligut was properly appointed or not. Now, the briefing is already in with Judge Curry. You have the Department of Justice saying, no, Pam Bondi, the attorney general, is allowed to appoint as many interim U.S. attorneys as she likes and completely avoid the Senate confirmation process and advice and consent of the Senate to get a permanently confirmed U.S. attorney.

2:34Michael Popok:Whereas Letitia James and James Comey are saying in their filings, no, it's a single use. You get to pick one interim U.S. attorney while you continue to try to get a final U.S. attorney confirmed through the Senate, which Donald Trump hasn't even tried to do in the Eastern District of Virginia and in other places. And in the meantime, then the judges of the district pick the judge. And that person stays in place until the president gets off his ass and gets somebody finally confirmed through the Senate. And again, a Senate that he controls, you know, during this shutdown of 52 or 53 days, let's all remember who controls the three branches of government, the president of the United States, Donald Trump.

3:16Michael Popok:So Judge Curry said, I got a couple of things I got to decide. Whether 546 was properly complied with or not, and that's a statutory interpretation. Reading of a statute, reading, construing that statute, reading the legislative history about 546, how it's been edited, how it's been changed, how it's been amended, why it's been amended. What does the language mean literally on the page? Separately, she's got to decide on remedy. If she finds that Lindsey Halligan was illegally appointed, the way the California federal judge found that the U.S. attorney in California in L.A. was illegally appointed, the way the Third Circuit Court of Appeals is likely to find that Alina Habba was illegally appointed, the way the judge in Nevada found that that person was illegally appointed.

4:02Michael Popok:If they decide that she is illegally appointed, Judge Curry, then she's got to do something about the indictment. Does it get bounced? Does it get thrown out? does everything Halligan touch become voided, ab ab initio, meaning voided from the beginning? And so to get to the bottom of that, she's trying to figure out what Lindsey Halligan did. Now, she doesn't even call Lindsey Halligan Lindsey Halligan. Judge Curry doesn't even call her the acting interim U.S. attorney for the Eastern District of Virginia. She calls her the indictment signer. The indictment signer, the indictment signer. By the way, Judge Walker, who's presiding over the Letitia James case for every other reason.

4:41Michael Popok:He doesn't call her by her name either. He just calls her the government counsel. Lindsay Allegan's busy signing everything. Lindsay Allegan, U.S. attorney. I'm U.S. attorney. I really am. Like it's a Halloween costume she put on. I'm a federal prosecutor. I've been a federal prosecutor for a month. And the judges are like, indictment signer, have a seat. Now, the judge issued her order. all documents related to the grand jury proceedings, including the transcripts of the grand jury proceedings, will be delivered to my office five o 'clock on Monday for in-camera review. That means the judge alone reviews it.

5:18Michael Popok:It's not on the public docket yet. She wants to see what the indictment signers said out loud to get those indictments, because there's already challenges to the indictment raised by James Comey, the former FBI director, and by Letitia James, such as, you know, in the case of James Comey, like, why did they stay till seven o 'clock at night? What did she, did she hold the grand jury hostage? What did she tell? She's an inexperienced, novice prosecutor. This was her first indictment. What did she say? Did she say the wrong words? Did she violate James Comey's constitutional rights? Did she abuse the grand jury process?

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6:35Michael Popok:Right now, Legal AF listeners can save 30 % on their first order. Just head to cornbreadhemp.com slash Legal AF and use code Legal AF at checkout. That's cornbreadhemp.com slash Legal AF with code Legal AF to get 30 % off your first order. Now, we shroud the grand jury process in secrecy to protect the grand jury until they issue their indictment. And then even after that, you're not supposed to know who the grand jury is necessarily, although in some circumstances it's revealed, and you don't get to see the transcripts of what got transpired, although the defendants, the criminal defendants might if they make a good argument.

7:16Michael Popok:Now here's the new order that just came out. I'm going to post it on Legal AF Substack as well. And this is a nice way of saying Judge Curry's pissed off. On October 28, 2025, the undersigned entered an order directing the government to submit for an in-camera review all documents relating to the indictment, signers, participation in the grand jury proceedings, along with a complete grand jury transcripts. And these are of both cases, Comey and Letitia James. On Friday, October 31st, the court received the package containing a transcript of grand jury proceedings on September 25, 2025. That's all.

7:55Michael Popok:This court has reviewed the transcript and finds it fails to include remarks made by the indictment signer, Lindsey Halligan again, both before and after the testimony of the sole witness, who was an FBI agent, with remarks, which remarks were referenced by the indictment signer during the witness's testimony. Now, separately, James Comey has raised the issue that the FBI agent who testified may have violated James Comey's attorney-client privilege because he interviewed Alan Richmond, Professor Richmond at Columbia, who had worked for James Comey and was a lawyer for James Comey. And he may have revealed attorney-client privilege, information that should not have ended up before the grand jury.

8:36Michael Popok:A separate issue. The judge continues on page one. In addition, the package contains no records or transcripts regarding the presentation of the three-count indictment referenced in the transcript of the return of grand jury indictment proceedings before the magistrate judge. What does that refer to? There were two indictments. The idiot indictment signer, Lindsey Halligan, came back to the magistrate judge presiding over these proceedings with two indictments. one three three indictment three charges and one with two because the jury would not return a true bill of indictment on the first count only on the second and third yet she submitted to the magistrate judge two indictments one with three counts one with two counts signed both by the indictment signer and so the judge wants to get to the bottom of that so what is what is the judge going to do to fix the problem accordingly the government is directed to submit no later than Wednesday, November 5th at 5 p.m.

9:33Michael Popok:So this coming Wednesday for in-camera review with the judge, a complete transcript and or recordings of all statements made by the indictment signer to the grand jury on September 25, 2025. There may be an audio transcript. There may be an audio recording is what she's getting at. To include statements made prior to and after the testimony of the witness and during the presentation of the three count and subsequent two count indictments. Why are there two indictments? That's what Judge Cameron McGowan-Curry, that's what she wants to know in her senior United States District Court judge status.

10:10Michael Popok:What's going to happen now? Look, they're all scrambling. uh um pam bondy the attorney general just filed in both cases a backdated document and nothing smells like fraud or or recognizing you have a major problem like filing a document that tries to backdate and retroactively uh retroactively uh ratify the conduct of lindsey Halligan because they say in their filings, well, Lindsay Halligan was properly appointed under 546. I don't believe she was. I don't think the judge is going to either. But even if she wasn't judge, don't dismiss the indictment because here's a piece of paper from Pam Bondi.

10:54Michael Popok:We'll actually flash it here that says she ratifies everything back till September that Lindsay Halligan is done. Ah, we're backdating documents now. We're creating forged false documents in order to convince the judge to keep Lindsay Halligan in her seat. I think it's fascinating watching all of the gymnastics that are going on to try to save this supremely unqualified Lindsay Halligan. She'll never get confirmed as the U.S. attorney in the Eastern District of Virginia or anywhere else. That's not her job. Her job with client number one, Donald Trump, is to get the indictments of Comey and get the indictment of Letitia James.

11:36Michael Popok:She can step down now. She can go back under the rock she crawled out from under. But now we got to have Judge, but now she's in, she's going to fall into the mouth of Judge Curry. So we'll continue to follow it here on the Midas Touch Network. Hit the free subscribe button, slide over to Legal AF YouTube, help us build to 1 million. We're about to crack that barrier, 1 million subscribers, which gives us the street cred we need to protect your First Amendment rights on our own. And come over to Legal AF Substack, hit the paid membership if you can swing it for about seven bucks a month, and I'll post the order there for you to see.

12:12Michael Popok:So until my next report, I'm Michael Popak. 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 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.

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