In short
Michael Popok criticizes Donald Trump’s rhetoric and alleged cognitive decline, then pivots to legal fights involving Pete Hegseth, Kash Patel, and the prosecutions of James Comey and Letitia James, plus Mar-a-Lago and tariff litigation.
Guest backgrounds
No guest is interviewed in the transcript. The only “guest” mentioned is Phil Weiser (Colorado AG candidate/figure), discussed as a political example.
Key claims
Trump is using racist/misogynistic attacks (Somalis/Afghans; NYT reporters) and allegedly claims “affordability is a hoax.” Popok alleges Hegseth ordered a “double tap”/“code red” during strikes and may face war-crimes scrutiny. He claims Kash Patel is being set up for firing via a leaked 115-page FBI memo. He argues Comey/James indictments may be refiled due to invalid interim U.S. attorney appointments, and that Fourth Amendment issues could block evidence tied to Daniel Richman. He claims Judge Aileen Cannon is delaying Mar-a-Lago Volume 2 despite appellate pressure.
Notable examples
Phil Weiser suing the Trump administration 65 times; Hegseth missile strike on a fishing boat; Richmond’s leaked memos; Alina Habba and John Sarconi appointment challenges; Mar-a-Lago Volume 2; Costco suing over tariffs.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOTrump's Current State
1:30 to 3:07
Discussion on Donald Trump's behavior and recent actions.
“Seriously, why aren't Democrats in Washington doing more to stop Trump?”
Affordability and Economic Policies
3:07 to 4:50
Analysis of Trump's views on affordability and economic issues.
“Between his three, thrice a day rantings and meltdowns on social media, two latest examples, going after the Somalis and people from Somalia.”
Media Responsibility and Trump's Attacks
4:50 to 7:16
A critique of how the media handles Trump's disrespectful remarks.
“The other indicia of cognitive decline, just in the last 24 or 48 hours, is Donald Trump coming out during a cabinet meeting in the last 12 hours and saying that affordability is a hoax.”
Legal Consequences for Trump's Associates
7:16 to 10:42
Discussion on potential war crimes linked to Trump’s orders.
“He attacks in a misogynistic racist way, a misogynistic sexist way, sorry, the female reporter for the New York Times that wrote the piece, goes after her, calls her ugly inside and out.”
Implications of Trump's Military Orders
10:42 to 14:00
Examination of Trump's military orders and potential accountability.
“Let me move on to the war crime and murder charges that should be brought against Pete Hegseth.”
Political Appointments and Changes
14:00 to 19:00
Discussion on potential job losses within Trump's circle and implications.
“that tells you it was okay to do what you did.”
Insider Leaks and Media Influence
19:00 to 22:04
Analysis of insider leaks regarding Kash Patel and media's role.
“Let me turn now, as long as we're at the intersection, or let me do it when I come back from a quick commercial break.”
Insider Leaks and Media Influence
22:08 to 23:07
Analysis of insider leaks regarding Kash Patel and media's role.
“bowl of cereal that just tasted amazing?”
Legal Updates on Comey and James
24:29 to 28:04
Updates on the legal proceedings involving James Comey and Letitia James.
“After you purchase, they'll ask you where you heard about them.”
Legal Challenges for Trump and Appointees
28:04 to 29:16
Explore the legal troubles facing Trump and his appointed attorneys.
“There's a hearing that's coming up actually on Thursday this week in front of the judge there, Judge Friedrich, about whether John Sarkoni was illegally appointed as well, much like Alina Haba.”
Show all 16 chapters
Investigative Leaks and Attorney-Client Privilege
29:16 to 31:21
Discussion on the implications of leaked memos involving Comey.
“He's already moved on in his micro news cycle.”
The Appointment Controversy of Alina Habba
31:21 to 34:35
Analyzing the legal controversies surrounding Alina Habba's appointment.
“He runs roughshod over all of the documents, right, and violates the Fourth Amendment against illegal searches and seizures of Professor Richmond and of Comey.”
John Sarkoni's Legal Challenges
34:35 to 36:46
Examining the ongoing legal issues facing John Sarkoni and the implications.
“the vacancy created by her being removed and then also try to make her a special attorney without Senate confirmation to serve in the role of special attorney of a U.S.”
Upcoming Hearings and Developments
36:46 to 37:45
Overview of upcoming hearings and their significance in ongoing cases.
“the Southern District of New York, because if Sarconi gets bounced, the judges of the Northern District have to pick his replacement.”
Mar-a-Lago Controversies and Judge Eileen Cannon
37:45 to 40:08
Details on Judge Cannon's rulings and the implications for Trump.
“Brego Garcia hearing that we're going to update you on on Legal AF.”
Political Accountability: Phil Weiser's Impact
43:56 to 44:27
Discussing Phil Weiser's legal battles against Trump and his effectiveness as a governor.
“Seriously, why aren't Democrats in Washington doing more to stop Trump?”
Transcript
Automatic transcript. May contain errors.0:00Seriously, why aren't Democrats in Washington doing more to stop Trump? I know. Have you heard about Phil Weiser in Colorado, though? No. Is he different? Yeah. A.G. Weiser sued the Trump administration 65 times. He's beating Trump in court again and again. Things like protecting Obamacare against Trump's illegal tariffs. And he even won against Ticketmaster. So he actually gets results. Exactly. As governor, Phil will fight for Colorado. Paid for by Phil Weiser for Colorado Registered Agent Anna Noskezi. The grill is shot. The chairs are held together by optimism. And what happened to the rug?
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1:13And they're here with me on Spotify. Trust me, I know fans. They don't skip, they stay for hours. They don't move on, they manifest. They're not a demographic group, they're fans. Spotify Advertising. You're among fans. Seriously, why aren't Democrats in Washington doing more to stop Trump? I know. Have you heard about Phil Weiser in Colorado, though? No. Is he different? Yeah. A.G. Weiser sued the Trump administration 65 times. He's beating Trump in court again and again. Things like protecting Obamacare against Trump's illegal tariffs. And he even won against Ticketmaster. So he actually gets results.
1:53Exactly. As governor, Phil will fight for Colorado. Paid for by Phil Weiser for Colorado Registered Agent Nanna Nuskazi.
2:26Michael Popok:Sunshine about what's going on with this administration, what's going on in the court system, and curating for you things that you need to know at the intersection. So let's dive in. Well, with one footnote, as a special treat, forget Black Friday, forget Cyber Monday, let's do Popoc Birthday Tuesday, 30 % off paid annual membership for Legal AF Substack going on right now until noon Eastern time tomorrow. Come up, step up and get it. Membership you've been waiting for to help support all things Legal AF and the intersection. So I got that going on for you. All right, let's start it off. Let's kick it off already.
3:09Michael Popok:So Donald Trump. How do I put this kindly. He's losing his shit. There's no other way to put it. Between his three, thrice a day rantings and meltdowns on social media, two latest examples, going after the Somalis and people from Somalia. He's already called that country or that region a shithole in the past. And now he's going after the people of Somalia that are living in places like Minnesota. He's going after all people who hail from Afghanistan because of the tragedy that happened in the District of Columbia. And then, putting that aside for a minute, and I got news for Donald Trump. There is fraud in federal programs and funding up and down, mostly perpetrated by everyday Americans.
4:05Michael Popok:So you can pick on the Somalis and say, oh, they just committed food stamp fraud or whatever you want to call it. Again, this is just Donald Trump's racist dog whistle to go after a downtrodden black or brown community to try to make himself the better, to try to activate his base. It's really disgusting. Second example of his dementia or his cognitive disability. He's already admitted he just took a cognitive test. For what reason? At 79, you don't just take random cognitive tests. Who told you to take it? Who ordered that you take it? What type of test did you take? Was it for dementia? And what were the results of that test?
4:49Michael Popok:And who administered it? That's the real question. The other indicia of cognitive decline, just in the last 24 or 48 hours, is Donald Trump coming out during a cabinet meeting in the last 12 hours and saying that affordability is a hoax. This is his answer to the Democrats winning strategy of focusing on kitchen table politics, the economics around the heart, the hearth and home. Right. Checkbook politics. It's the economy, stupid. It's been the economy stupid in America for like for all modern presidencies. But he says in a cabinet meeting surrounded by billionaires that affordability is a hoax, that it's just a word that the Democrats use and he doesn't believe in it.
5:37Michael Popok:It's a con job. This is the way he's trying to wallpaper over the failure of his economic policies by saying that there's no such thing as affordability in America. Thank you for admitting the obvious that in the Trump America and the Trump economy, there is no such thing as affordability unless you're a billionaire like him. Look, there's new reporting that's out that actually says it's worse than I suspected. That Trump and his family are well on their way. They've already made billions of dollars and they're well on their way to making between 50 and 100 billion dollars before Donald Trump leaves office in one term.
6:18Michael Popok:You know, they didn't make that money in the first term because of their warped AI policies, their warped national security policies. There are warped cryptocurrency policies, all benefiting, all tailor-made to benefit Trump, Trump family and his cronies. And but let's just call it for the way we see it. This is a president who is in the throes of some cognitive decline that he doesn't want to admit. When the New York Times ran a story a couple of days ago that said the obvious, he's working from 12 to 5 every day, if that. Factor in the hundreds of hours of golf every month and the guy's barely functioning.
7:08Michael Popok:It's incredible how much damage he does in such a short amount of work week. But that's the reality. So what does he do? He attacks in a misogynistic racist way, a misogynistic sexist way, sorry, the female reporter for the New York Times that wrote the piece, goes after her, calls her ugly inside and out. Just like a week before he called a reporter, a female reporter, Piggy, Miss Piggy, you know. And I feel, in a way, I feel sorry for the female reporters. but they're also made the devil's bargain because they know that if they speak up and demand as they should that they are treated with respect and dignity that they'll be barred from having any access to to trump but but and i also bemoan and criticize the male counterparts where are they they should be when that happens the female reporter should say mr president that's inappropriate.
8:08Michael Popok:That's inappropriate. That is disrespectful. That is demeaning. It's beneath your office and certainly beneath my profession. So we collectively demand that you stop the personal attacks, especially on female reporters. That may be hard to articulate. I'd like to see the men stand up for the female reporters and say, Mr. President, that's inappropriate to be attacking my colleague based on her gender or to use comments about her physical appearance or other things. Let's get down to the questions that matter to the American people, shall we? And stop insulting my colleagues. That's one way. Another way would be for the press corps to not show up.
8:55Michael Popok:You know, let's do a sick out at the White House press room. So when Caroline Levesque goes out there, you know, propagandist in chief, she looks around, nobody's there. Or it's only the right wing media. That's what they're afraid of, that it won't be an empty room. It'll just be there. But so what? At a certain point, you have to take a stand. History will tell us which side you were on. If the mainstream, Donald Trump, to Donald Trump press, the media is like oxygen. He needs it. And if you stay out of the room and it's only Fox reporting, that's not going to be good enough for Donald Trump.
9:35Michael Popok:So, or stand up and turn your back on Caroline LeVette. I mean, I am getting so tired of the lack of courage, the lack of political convictions. Maybe it's because on Legal AF and on Midas Dutch, every day we are demonstrating what it takes to oppose the Trump administration. Trump just ran a comment about Eric Holder, who we're going to have on Legal AF soon, who's running an organization with Barack Obama related to redistricting, making sure congressional maps are not tilted in favor of only the white upper class. And he took a Midas touch video of Eric Holder and re-truthed it, or whatever it's called.
10:28Michael Popok:So we are certainly piercing the inner sanctum, the hermetically sealed world of Donald Trump. All right, let's put aside the dementia of Donald Trump and the decline of Donald Trump for a minute. Let me move on to the war crime and murder charges that should be brought against Pete Hegseth. And if it's not now, it'll certainly be when tribunals are formed at the end, the cessation of the Trump administration. See, his lackeys and sycophants and bootlickers and enablers don't seem to have gotten the message that the Supreme Court only provided the superpower of immunity, criminal immunity, to the president, not to those under him.
11:18Michael Popok:I'm looking at you, Pam Bondi, Attorney General, Todd Blanche, Deputy Attorney General, Pete Hegseth, Department of Defense. I'm not going to call it Department of War, even though you changed the stationary and Photoshopped it because Congress didn't approve that. And the FBI Director, Kash Patel, and the rest. There's going to be tribunals. Now, Now, I have no doubt in the reporting that on September 2nd, Pete Hegsef gave the command to fire a fourth or fifth missile from a drone and to hit two men clinging to the side of a fishing boat in one of the first strikes. There's been 20 strikes so far.
12:09Michael Popok:More than 80 people disappeared by the Trump administration without due process in the Caribbean. And the reporting that just came out in the last couple of days is that Pete Hegseth, this is Wall Street Journal, sorry, Washington Post, Pete Hegseth ordered the double tap. He ordered the code red, seeing the people clinging there. Now, we've seen the video that has been heavily edited just to show the initial hit.
12:37Michael Popok:Now, people are going to testify against Hegseth. It is obvious from within the Pentagon that he gave the order once they saw that they were like in shock, that people were still alive, to hit it again and leave no survivors. Donald Trump doesn't even like that look, the optics of that. And he said, no, I only saw the video of the initial hit. I didn't see anybody clinging onto the side. And Pete Hexton thought, yeah, me too. Me too, boss. I only saw the original video. That's a lie. That's a lie. and that people are going to be compelled to testify against Pete Hegseff as he's busy trying to drum up a court-martial for Senator Mark Kelly because he reminded the troops, and now you see why, right?
13:24Michael Popok:He reminded the troops from brass down to rank and file that it is illegal and unconstitutional for you to follow an illegal unconstitutional order of the commander-in-chief along with a series of other elected officials. They're trying to recall him back to the Navy to court-martial him. Pete, you got bigger problems. The Joint Chiefs of Staff are now looking into whether a war crime and a murder was committed by you, for which you have a very flimsy Office of Legal Counsel memo that tells you it was okay to do what you did. it's not okay, even if you had a memo that said it's okay because we're in a non-land war with Venezuela or whatever it is, it's not okay to, while people are clinging to the side of a boat, fire on it again when there's no threat to the United States.
14:20Michael Popok:And now members of Congress, including those that served in the military and in the intelligence community, on both sides of the aisle are weighing in. This may finally be the end of Pete Hegseth. I think it's certainly the end for other reasons of Kash Patel, which I'll talk about next. I would not be surprised if over the next six months, we don't see a changeover. Pam Bondi may lose her job. I think that goes to Todd Blanche. Kash Patel loses his job. I think that goes to the former Missouri Attorney General, who's now the Deputy FBI Director, who's friends with Pam Bondi. I think that Pete Hegseth loses his job and somebody in the military or maybe somebody like Joni Ernst, who's retiring from the Senate, gets that position.
15:15Michael Popok:You're going to see changeover as Trump throws these people under the bus. Christine Noem also. Gone. Now, let me switch gears and talk about somebody else who's on a very short shelf life. and that's Kash Patel. I saw all I needed to see when Miranda Devine, the podcaster of choice for Donald Trump, who's sort of the captured podcaster who runs her stuff under the New York Post Rupert Murdoch banner, but all the administration goes on Miranda Devine. Suddenly she, under her headline two days ago, said there's been a leak of a 115-page FBI memo critiquing and basically calling for the firing of Kash Patel and Dan Bongino, the other right-wing podcaster, who's his number two.
16:09Michael Popok:And it's effectively a call to fire him. And Miranda Devine reports on it. Oh, I've got a copy of it. I have a copy of it too, by the way. It's up on Legal AF Substack. You can read it. It has 10 major findings, mostly against Kash Patel. But the fact that it went to Miranda Devine, this is an, I'm telling you, this is an insider job by the Trump administration. Donald Trump is notorious for having used the New York Post and its gossip columnists and the Miranda Devines to leak information to make them look better. All through his real estate career, he would constantly call Cindy Adams, who I think now is like 95 years old, gossip columnist on page six of the New York Post.
16:50Michael Popok:And he'd call as himself, as his own publicist. He'd be like, yeah, this is Bill over at Trump Organization. And then he'd leak something about some woman he was dating or some real estate deal he was doing or some award that he got. And then they'd run it. He did that throughout the 80s and 90s and 2000s for the New York Post. This is another conjured up, not the report, the report has been done by 29 people, both inside the FBI, writing anonymously, and outside to tear down Kash Patel. But the fact that it went to Miranda Devine, I'm telling you, Kash, I don't know which is going to happen first.
17:34Michael Popok:Some documents that we're going to get on December 19th in the Epstein matter related to the law that was signed by Trump that has to be released? Is it going to be the December 19th that we're going to get some documents or Kash Patel is going to get fired? There's no way. I'll come back and I'll admit if I'm wrong. There's no way they're putting Kash Patel up in front of the House and Senate Judiciary Committee again to be reamed and have a live autopsy performed by Jamie Raskin and or Cory Booker or others after this report's come out. This report was done to give Donald Trump cover to fire Kash Patel, right?
18:16Michael Popok:Patel's already got his own. You know, he's got to be on his PJ. It's not even his private jet. It's our private jet. He's on a Gulfstream romancing his 20-something-year-old girlfriend. I thought I was like, when I first read the report, I thought I was reading a new update on Bill Belichick and his girlfriend. I'm like, he's got a 20-year-old girlfriend. He's running around on our taxpayer dollar, whining and dining her. He needs a SWAT team because she's singing the national anthem. but there's a joke in there somewhere. I'm just not going to make it. So he's already had all of that reporting going on.
18:48Michael Popok:And then Miranda Devine, of all the reporters and all the people in America, she's the one that happens to get the leaked report that completely calls for his firing. He's not going to make it. Let me turn now, as long as we're at the intersection, or let me do it when I come back from a quick commercial break. We're going to talk about developments, big developments in the James Comey, Letitia James prosecution, including a new motion under the Fourth Amendment that was filed just today. Alina Habba, of course, got bounced, and that had a cascading effect with the Third Circuit firing her as the U.S.
19:26Michael Popok:Attorney for New Jersey has had a cascading effect on the Department of Justice's decision making in Letitia James and James Comey's case. We'll wrap all that together. There's a new filing in the Mar-a-Lago case, of all things, where Donald Trump apparently needs to remind Judge Aileen Cannon, has a reminder that he's still involved with the case and he still doesn't want volume two of Jack Smith's report about Mar-a-Lago released. I want to talk through all of that. And I knew, as we await the decision by the United States Supreme Court about whether Trump's tariffs are legal or not or unconstitutional or not.
20:05Michael Popok:Costco, of all things, perhaps sensing that Donald Trump is losing his grip on reality and on his faculties and on power, has decided to file a lawsuit with the Court of International Trade to get their tariff money back. Costco, of all things. We'll wrap all that together at the intersection. A couple of things I want to mention before we take our first commercial break or our commercial break for today. I'm running a sale. It's the Popak birthday sale from now until 12 o 'clock p.m. Eastern time tomorrow. We've had a few hundred people take advantage of this already, which is amazing. On the Legal AF Substack, which is the way we sort of pay our bills, keeps us on the air, pays for the editors and all sorts of other things.
20:47Michael Popok:Come over to Legal AF Substack. And for, I think now it's going to be about$5.50 a month, you can support all of our reporting, commentary, live reporting over on Legal AF Substack with a 30 % off Popak birthday special going on right now. Okay. So there's other ways to support what we do in my world at the intersection. Legal AF, the podcast, we're doing great. Top 20 in YouTube podcast on a weekly basis, top 50 or 60 on Spotify and Apple. But we need your help and support to continue to watch and listen to us there. Legal AF, the YouTube channel is where I do most of my work during the week.
21:27Michael Popok:I mean, I do about 40 videos a week. I do about 15 or so on Midas. I do all the rest over on Legal AF YouTube channel, along with a dozen other contributors. Now is the time. Find out if you are a member. If you're not a member, now would be a great time to do it. We're trying to get to 1 million as we roll into 2026. The bigger we are, the more your voice is heard. Come over to Legal AF, the sub stack and Legal AF, sorry, the YouTube channel. And it's all, that's free. Legal AF YouTube, free. No paywall, no outside investors, but we need your help. So now we're going to hear from a word from our sponsors.
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24:13Michael Popok:It's luxury, but backed by serious longevity science. Now listen up, this part matters. For a limited time, try OneSkin for 15 % off using code LEGALAF at oneskin.co slash LEGALAF. After you purchase, they'll ask you where you heard about them. Please support our show and tell them that we sent you. Welcome back to The Intersection, and thank you for being here and being such a fervent supporter of what we do. Let's dive into the James Comey, Letitia James matter. There's some newsworthy and breaking news stories around their indictments. You'll remember in the last several days, Judge Curry dismissed without prejudice, meaning the indictments could be brought back under certain circumstances, dismissed the indictments against James Comey and Letitia James, the New York Attorney General, because she found, as other courts have found, that Lindsey Halligan is illegally appointed under Section 546 as the interim U.S.
25:16Michael Popok:attorney in the Eastern District of Virginia. She'd never been a prosecutor before. She'd only been a prosecutor several hours when she went after James Comey, etc., etc. More importantly, she could not have been appointed as a U.S. attorney because Donald Trump had one opportunity to appoint somebody in that role. He spent it on another person, and then it goes to the district court judges to pick that replacement. That's the argument. But the underlying indictments could be brought back under certain circumstances. So the new reporting is that there's grand juries that are working in Norfolk, Virginia, and Alexandria, Virginia, to bring new indictments against James Comey and Letitia James.
26:04Michael Popok:So don't be surprised when I come back with updated reporting about it. Now, on Letitia James, I'm hoping that a grand jury will see through this charade, will see the weaponization of the Department of Justice and the vindictive prosecution and not indict. I mean, there's enough publicity out there right now, including on Legal AF. Don't indict if you don't believe the evidence supports it. That's one. But I think she'll probably get re-indicted. That doesn't change the fact that the prosecution is vindictive and her judge, Judge Walker, is going to have to decide whether the whole criminal case needs to be dismissed regardless of who the prosecutor is.
26:43Michael Popok:James Comey is a trickier, there's a trickier side to that story. Because if they're going to re-indict him under the perjury count, the lying to Congress under 1001 of the code, the statute of limitations has run. Judge Curry ruled that the indictment that Halligan obtained was never an indictment because everything she did was illegal and void. If that's a legal envoyant, it did not stop the clock on the two-year statute of limitations, which ran on September 5th. Now, purportedly, there's some argument that they're going to bring another charge against him, not related to his testimony on February 5th, 2020 to Congress.
27:25Michael Popok:All right, listen, I'll have to see what the charge is going to be. Certainly, it's not going to be Lindsay Halligan getting the indictment. It's going to be a new grand jury. It'll likely be the new number two, she has a new first assistant, a guy coming out of semi-retirement from Kentucky to work with her that'll probably try to get this indictment. And I think the reason they're trying to get the indictments is because their world, the Department of Justice's world was rocked when four days after Lindsey Halligan was fired by Judge Curry, the Third Circuit Court of Appeals in a unanimous decision 3-0 fired Alina Habba for similar but not identical reasons to be the U.S.
28:03Michael Popok:Attorney for New Jersey. There's another case involving John Sarkoni up in the Northern District of New York that's being heard, just to be confusing, by a judge in the Southern District of New York in Manhattan about whether an investigation started by John Sarkoni against Letitia James's New York Attorney General office for violating Donald Trump's civil rights. There's a hearing that's coming up actually on Thursday this week in front of the judge there, Judge Friedrich, about whether John Sarkoni was illegally appointed as well, much like Alina Haba. Stay tuned on that one. But it's been a bad run for Donald Trump on these U.S.
28:49Michael Popok:attorney appointments because he's not picking anybody that can get through the confirmation process with the Senate. he's picking all these partisan political hacks who he knows will never get confirmed or it will be blocked by the senators in blue states and therefore he doesn't care you know he got his pound of flesh he really he doesn't he really doesn't care about Letitia James and James Comey he already got their pound of he's got his pound of flesh because it was announced there was a criminal investigation and then there was an indictment and then and then and then and He's already moved on in his micro news cycle.
Read the full transcript
29:23Michael Popok:But the strategy appears to be they're going to Department of Justice with a new prosecutor, new grand jury is going to try to indict both. While the lawyers argue that doesn't matter who's doing the indictment, it's all vindictive prosecution and try to get the the indictments dismissed with prejudice forever. So we'll have to see what's going to happen next. And then in the next 25 days or so, they'll file a one-page notice of appeal to appeal what just happened to the Fourth Circuit Court of Appeals, which then goes up through, I think it's Judge Roberts takes care of the Fourth before it goes to the United States Supreme Court.
30:07Michael Popok:This is all heading to the United States Supreme Court one way or the other. But that's the complicated developments. The last big development was that earlier today, Daniel Richman, a Columbia law professor who used to be a lawyer or still is a lawyer for James Comey when he worked in the FBI and otherwise, who is the announced leaker. We all know he leaked, on behalf of James Comey, a series of memos to the New York Times when James Comey wrote CYA memos when Trump ordered him to stop the criminal investigation of Lieutenant General Michael Flynn, which he wouldn't do. He then leaked it to his buddy, Richmond.
30:47Michael Popok:Richmond leaked it to the New York Times. And the hope was, according to Comey, that a special counsel would be appointed. So that has always been the role of Richmond. Richmond had search warrants executed on him and had his email account at Columbia looked at, all of his electronic data looked at, and it was sitting in a giant box, including information that was attorney-client privilege for James Comey that he couldn't waive, information about other clients, and it was part of another investigation involving Hillary Clinton's emails. Fast forward seven or eight years, they turn that box that has all of the attorney-client privilege information and other private information in there, and they give it to a new FBI person to work with Lindsey Halligan in 2025.
31:37Michael Popok:He runs roughshod over all of the documents, right, and violates the Fourth Amendment against illegal searches and seizures of Professor Richmond and of Comey. Judge Fitzpatrick, the magistrate judge in the Comey case, said so on November the 17th in an order that he issued that they had violated the Fourth Amendment rights effectively of Richmond. Now, Richmond has filed a new motion to get back all of his material, which is all the evidence they have against Comey, apparently, and to have it not be used against James Comey because it would violate the Fourth Amendment privilege of Professor Richmond.
32:20Michael Popok:That's now been assigned to a D.C. judge, Judge Kolar-Katelli, who's a Clinton appointee, to make the final decision. So if the government loses on that motion and they can't use the Richmond materials, I don't know how they're going to ever bring an indictment, unless it's about something completely different, which may be. And then, of course, we'll report on it here. And that's the link. Let me turn now to Alina Haba, right? Because that links to, we had Halligan thrown out by Judge Curry because that violated Section 546. She couldn't be the interim U.S. attorney because that position had already been filled by somebody prior to her.
33:07Michael Popok:You only get one shot at that. And then the district judges pick after that. That's relatively simple. Alina Habba got her position a different way. She wasn't the interim U.S. attorney. She was the acting U.S. attorney. They went up a different statutory way. With her, that position can only be filled when there's a vacancy by the first deputy, the first assistant U.S. attorney for that office. There's a first assistant. It's the number two position in the office. Whoever is in that seat when a vacancy arises under the Vacancy Reform Act gets the job. Trump can fire that person, but then he's got to pick somebody else from within the office at the time of the vacancy who's got a year experience, or at least in that office, and 90 days of experience in the position of first deputy.
34:00Michael Popok:That's all he can do. So that's not what he did. He fired, there's a series of people, including a guy named John Gerdano, who made it three weeks in New Jersey. Then they finally got around to appointing Alina Abba. They also nominated her. She got blocked by the New Jersey
34:22Michael Popok:senators with blue slips. Donald Trump, that pissed off Donald Trump. So he had Pam Bondi also make her her own first assistant and then try to elevate her as her own first assistant to the vacancy created by her being removed and then also try to make her a special attorney without Senate confirmation to serve in the role of special attorney of a U.S. attorney. Confused? The Third Circuit figured it out pretty quickly. Three judge panel. We had a Bush, a Reagan, and a Biden appointee. And they were like, no, this is the simplest thing we're going to have to deal with. If you have a first assistant, you have to use the first assistant, and you can't be your own first assistant.
35:15Michael Popok:So she's out. And then on the, can you a special attorney be created with all the powers of the U.S. attorney? They said, no, that violates the exclusivity provision of the Vacancy Reform Act, which says this is the exclusive way to fill the vacancy. Same problem that John Sarconi has up in Northern District of New York. He's the pit bull picked by Ed Martin and Pam Bondi to go after Letitia James in her official capacity as the New York Attorney General, claiming that she somehow violated the civil rights of Donald Trump because she brought a$400 million fraud case, which she won against Trump.
35:53Michael Popok:There's still a, no one wants to talk about this. There's still a monitor, a court-ordered officer of the court over all of the Trump Organization business affairs to this day, former federal judge Barbara Jones, because of the work of Letitia James. So she's now moved to quash his subpoenas, subpoenas, John Sarconi subpoenas, arguing, Letitia James is arguing that Sarconi, like Habba, is illegally appointed under the Vacancy Reform Act for the exact same reasons that are in the Third Circuit Court of Appeals decision making. Now, the Third Circuit Court of Appeals decision, while it's not necessarily binding on the judge that's handling the matter in Manhattan.
36:39Michael Popok:See, they took it out of the Northern District of New York and put it in the Southern District of New York, because if Sarconi gets bounced, the judges of the Northern District have to pick his replacement. So they see an ethical conflict with the Northern District. They moved it down South to Manhattan. So we have that. So the judge there, if they determine that he was illegally appointed. What I was trying to say is on the Third Circuit, while it's not binding necessarily on the Southern District of New York judge because her bosses are on the Second Circuit Court of Appeals that sits in New York up the street, not the Philadelphia-based Third Circuit, it is the only appellate ruling that's out there.
37:28Michael Popok:So it does have a certain amount of binding precedent, a certain amount of persuasiveness that I think will be used by the judge. And she's holding that hearing about Letitia James' motion to quash the subpoenas on Thursday, which we'll report on. There's a lot of activity going on this week. There's a Brego Garcia hearing that we're going to update you on on Legal AF. There's, as I said, things related to James Comey and the rest. So I wanted to kind of bring you all up to speed. Finally, let's talk about Mar-a-Lago. Mar-a-Lago back in the news. Judge Eileen Cannon back in the news for all the wrong reasons.
38:06Michael Popok:She's been sitting on volume two, the Mar-a-Lago report of Jack Smith, which he issued at the end of his investigation forever. She doesn't want to release it. She found that Jack Smith was illegally appointed because he was a special attorney that didn't go through Senate confirmation. Sound familiar? It's the exact same position the Trump administration is using for Alina Hava and John Sarkoni. But in Trump world down in Mar-a-Lago, they got Eileen Cannon to bite and to find that Jack Smith was illegally appointed. So the volume one about the D.C. election interference evidence was already released by Merrick Garland through Judge Chutkin.
38:52Michael Popok:But, you know, Aileen Cannon's been bedded over backwards to help Donald Trump for a long time. And now we've got a new filing just today where Donald Trump, I guess, needed to remind Aileen Cannon that he appointed her to that job. And he filed with his personal lawyers a new motion to intervene in the case because it's been brought by two First Amendment entities, public interest groups, one being American Oversight, and the other one, the Knight Foundation. And he wants to intervene, and he also wants to adopt the arguments of his co-conspirator defendants, Walt Nauta and Carlos de Olviera, who helped him hide all of the documents in Mar-a-Lago, and helped him try to erase the video showing that they were hiding all the documents.
39:41Michael Popok:Oh, it would be terrible for them, because they would be tried in the court of public opinion. Look at Donald Trump caring about the court of public opinion and how we would treat somebody. Are you effing kidding me? The public spent tens of millions of dollars for Jack Smith to do his report. We need to see the final work product. Pam Bondi's never going to release it. It's sitting with the judge. It's fair game for a Freedom of Information Act request. The 11th Circuit has now put cannon on the clock as of today. 60 days. You got 60 days to make your ruling, or we're going to make it for you.
40:18Michael Popok:And I'm not sure, you know, they already reversed her twice, the 11th Circuit, dealing with her trying to interfere with the prosecution the first time around. We'll have to see what they're going to do now. But if it comes back up to the 11th Circuit, I think there's a good chance we're going to see volume two about Mar-a-Lago before all is said and done. but I think it's just remarkable to me still that Aileen Cannon does not recuse herself from matters involving Donald Trump. I mean, it leaked out before the transition of the new presidency that she was on the short list to be the attorney general for Donald Trump.
40:57Michael Popok:How does she not recuse herself and let it roll over to Judge Rosenberg or Judge Middlebrooks in the Southern District of Florida? I just don't understand it except that you do the math. You do the math, but it's wrong. It continues to be wrong. I'm glad you're here with me on The Intersection. As you know, I'm traveling. It is a birthday week for me. My family and I decided to go away for it. You can be kind and tell me what you think the birthday is below. But in the meantime, I'm running a sale, folks. Legal AF Substack, 30 % off annual membership for my birthday. Forget Black Friday or Cyber Monday, whatever it is.
41:35Michael Popok:Popak birthday Tuesday. 30 % off it runs till noon tomorrow. Become a paid member. That's what pays the bills. That's what keeps the lights on. That's what pays for the editors, the commentary, and all the rest. Legal AF Substack. And I promise you, we'll overwhelm you with amazing content over there. And then, of course, Legal AF, the YouTube channel. We're still trying to get to 1 million. We need to do it before 2026, really. Now more than ever. The bigger we are, the more your voice is heard. Become a member. It's for free. Legal AF YouTube channel. And thank you for supporting the intersection and all that we do here.
42:10Michael Popok:I'm Michael Popok. Until my next report, I'll see you around Midas and Legal AF. I'm Michael Popok, and I got some big news for our audience. Most of you know me as the co-founder of Midas Touches Legal AF and the Legal AF YouTube channel, or as a 35-year national trial lawyer. Now building a what we started together on Legal AF, I've launched a new law firm, the Popok Firm, dedicated to obtaining justice through compassionate and zealous legal representation. At the Popok Firm, we are focused on obtaining justice for those who have been injured or damaged by a life-altering event, by securing the highest dollar recoveries.
42:49Michael Popok:I've been tirelessly fighting for justice for the last 35 years, so my own law firm organically building on my legal AF work just feels right. And I've handpicked a team of top-tier trial fighters and settlement experts throughout all 50 states known as Big Auto Injury Attorneys who have the know-how to beat heartless insurance companies, corporations, government entities, and their attorneys. Big Auto's attorneys working with my firm are rock stars in their respective states and collectively responsible for billions of dollars in recoveries. So if you or a loved one, but on the wrong side of a catastrophic auto, motor vehicle, rideshare, or truck accident, suffered a personal injury, or been the victim of medical malpractice, employment harassment or discrimination, or suffered a violation of your civil and constitutional rights, then contact the Popak Firm today at 1-877-POPAKAF or by visiting my website at www.thepopakfirm.com and fill out a free case evaluation form.
43:49Michael Popok:And if we determine that you have a case and you sign with us, we don't get paid unless you do. The Popak firm fighting for your justice every step of the way. Seriously, why aren't Democrats in Washington doing more to stop Trump? I know. Have you heard about Phil Weiser in Colorado, though? No. Is he different? Yeah. A.G. Weiser sued the Trump administration 65 times. He's beating Trump in court again and again. Things like protecting Obamacare against Trump's illegal tariffs. And he even won against Ticketmaster. So he actually gets results. Exactly. As Governor, Phil will fight for Colorado.
44:27Paid for by Phil Weiser for Colorado Registered Agent, and in this case. Ryan Reynolds here for Mint Mobile. I don't know if you knew this, but anyone can get the same premium wireless for$15 a month plan that I've been enjoying. It's not just for celebrities. So do like I did, and have one of your assistant's assistants switch you to Mint Mobile today. I'm told it's super easy to do at mintmobile.com slash switch. Upfront payment of$45 for three-month plan, equivalent to$15 per month required. Intro rate first three months only, then full price plan options available. Taxes and fees extra. Default terms at mintmobile.com.
From the publisher
Trump has officially lost it, bragging about passing “cognitive tests” that masquerade as dementia ones, while going on racist rants, interspersed with sexists ones, and then finally admitting that “affordability” in Trump America is a “con job!” When bored, he throws Administration officials like Kristie Noem, Pete Hegseth and Kash Patel under the bus. And now federal appellate courts are firing back like never before, as Trump begs his favorite Federal Judge not to release the Mar a Lago Jack Smith report. Popok is at The Intersection to cover it all only on the Meidas Touch Network.
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