Trump Buried in 47 Subpoena Tsunami as BBC Lawsuit Backfires

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3:47Michael Popok:So he actually gets results. Exactly. As governor, Phil will fight for Colorado. Paid for by Phil Weiser for Colorado Registered Agent Anna Noskezi. I mean, is the BBC defamation case brought by Donald Trump for$10 billion because he didn't like the way the BBC edited his ellipse speech on Jan 6th, for which they already apologized. Is that going to be his undoing? Because we got some updates off of the docket sheet and he's gotten some terrible orders, as has his lawyers, who are being threatened with contempt and sanctions by Judge Altman, the federal judge. And they just lost a motion to remove the magistrate judge, Judge Lett, because they don't like the fact that three years ago she represented Orbis Business Systems that may or may not have been involved with the Steele dossier.

4:36Michael Popok:I mean, when you can't get the Steele dossier lawyer off your case as a magistrate judge, and she's about to make rulings about 47 subpoenas that have been prepared by the BBC, including against all of Donald Trump's business interests, against the Department of Justice, to try to get Jack Smith's files and everything else. because the BBC has told Judge Altman and now Judge Lett, the magistrate judge, that this case isn't just about a 12-minute clip. That's what Trump wants you to believe. Just about 12 minutes, just a slice of a clip of a slice. That's it, Judge. Just be here. No, the plaintiff doesn't get to tell the defendant what their defenses are or how to handle their defense.

5:18Michael Popok:Thank you very much. And so their argument, the BBC, is we got to prove truth. Truth is an ultimate defense, the defamation. You say we made it look like you were whipping up the crowd and fomenting discontent and actually poured fuel on the flames of the insurrection. So we need to prove that, including getting documents and memos from the special counsel. You don't like that? Tell it to the judge. Who's the judge? The judge you just tried to disqualify and failed. And if you don't think she's annoyed about it, then you don't understand the human condition. on Michael Popak. You're on Midas Dutch and Legal AF.

5:57Michael Popok:Let's talk about this case pending before Judge Altman and Judge Lett. Let's start with the disqualification attempt by Donald Trump that failed. Now, Trump's side doesn't like the fact that Judge Angelique Lett, when she was in private practice, represented Orbis Business Systems. Now, they were connected to Michael Steele and the Steele dossier that has been discredited by the intelligence community, but at one time connected the dots in a conspiracy related to the Russia interference on behalf of Donald Trump. Donald Trump refers to it as the Russia hoax. He hates the Steele dossier. And he sued a whole bunch of people in front of Judge Middlebrooks, also in the Southern District of Florida, in West Palm Beach.

6:37Michael Popok:And that case was brought by Alina Haba. And you may recall that Judge Middlebrooks ultimately sided with the defendants, Hillary Clinton, the Democratic Committee, Orbis and the rest, and said that the case had been filed in bad faith. And under Rule 11 of the Federal Rules of Civil Procedure, he sanctioned Trump and Alina Habba a million dollars, found that the complaint was nothing more than a political screed against his enemies masquerading as a lawsuit. And Trump and Habba, or Trump, paid that fine. Now, in that case was Orbis, Orbis and Michael Steele. Orbis was in the UK. And so they had an argument that there was no jurisdiction over them in the United States.

7:21Michael Popok:And that was ultimately actually upheld. So there were appeals related to that as well. All of that is important because when Alejandro Brito, the lawyer for Donald Trump, filed his attempt to get rid of Judge Lett 160 days into the case, which is a little late, he said, well, I waited so long because you're on a motion to disqualify or accuse. It has to be in a reasonable time after you learn of the information that forms the basis of the disqualification. She represented somebody against Donald Trump, this kind of thing. But they were on the defense side. They weren't suing Donald Trump. They were defending themselves against Donald Trump, and they were successful in an unrelated case.

8:05Michael Popok:And so the judge says, you're late. And Alejandro Brito, the lawyer for Trump, says, well, the reason is I wasn't involved with that prior case, and it took me a minute to put two and two together. My favorite part is when Judge Lett denies the motion. She says, and we'll put this up on Legal AF Substack for your review. She says, you filed a notice in the appeal that I was in. My name was on all the pleadings, how did you not notice me? I don't believe you. On page four of her order, plaintiffs suggest that this delay was because he was not plaintiff's counsel in the other matter. It was not immediately aware of Magistrate Judge Lett's participation in that litigation.

8:54Michael Popok:However, plaintiff's counsel did appear on behalf of President Trump, the plaintiff in the adverse matter during the appellate phase. And here's his appearance form. So no, you don't have a good explanation for why you're late 160 days into this case. And only because I just got a sign, she's saying this 47 subpoenas that now goes to this magistrate judge. The way it works is the district court judge handles sort of the substance of the case and presides over the trial. And all the day-to-day discovery matters and fights and deadlines goes to the magistrate judge. Sometimes motions to dismiss go to the magistrate judge for a first shot at it before the district court judge looks at it.

9:37Michael Popok:If you don't like what the magistrate judge does, you can take an appeal to the district court judge. That's how that works in federal court. And she said, even if you weren't late and you are, the fact that I represented Orbis in the defense side of a case brought by Trump in an unrelated matter, that's not enough to get me recused. Now, have I ever moved to disqualify or recuse a judge? Yes, twice. Was I successful? Yes. But I had to advise my client that if we lose this, we're going to have a pissed off judge. And now Donald Trump has a pissed off judge trying to decide whether he can successfully block 47 subpoenas.

10:15Michael Popok:If you want to know what this is all about. Donald Trump keeps saying it's a sliver. It's 11 minutes. Here's the comparison of the speech, the unedited, and the actual clip that BBC did. Play the clip. We're going to walk down to the Capitol, and I'll be there with you. And we fight. We fight like hell. And if you don't fight like hell, you're not going to have a country anymore. We're going to walk down to the Capitol. And we're going to cheer on our brave senators and congressmen and women.

10:58And we fight. We fight like hell. And if you don't fight like hell, you're not going to have a country anymore.

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11:48Michael Popok:And now for a limited time, when you purchase a new pocket hose ballistic, you'll get a free 360 degree rotating pocket pivot and a free thumb drive nozzle. Just text legal to 64000. That's legal to 64000 for your two free gifts with purchase. Text legal to 64000 message and data rates may apply. And now they've got another problem because Judge Altman, who's the main judge in the case, he just issued an order to show cause about why Donald Trump's lawyers are late and why they didn't file an opposition paper on June 5th against the motion to dismiss brought by the BBC. And Alejandro Brito, the same lawyer, says, oh, so much to do, Judge.

12:36Michael Popok:I mean, effectively, he has five lawyers working for him and how do i know that because i counted them and i went down the list if i can find it and here's the lawyers that work for donald trump it's mr brito it's mr mena it's miss garcia it's mr corp it's mr pulzik it's mr epstein not that epstein and then there's lawyers behind this that aren't on the signature block and then there's apparently only goes behind that. So don't go crying to the judge that I can't do the work, judge, because there's just too much to do in the appointed time. He cries and he says, oh, I filed everything, but there's just too much to do.

13:25Michael Popok:I didn't intentionally disregard anything. As he goes through, like he wants us to cry for him. And then he signs it all in caps. But remember, judge, I represent President Donald J. Trump. Can I get a pass on missing the deadline? I don't think so. Then they missed another deadline. A day later, the judge says, where is your opposition to my discovery plan? You're supposed to file that. You may not agree with it, but you have to oppose it. This is what happens when lawyers who don't understand federal practice try to do it. it's amateur hour. Don't try this at home. They can get the complaint filed with all of its, oh,$10 billion.

14:09Michael Popok:But after that, the fine points of the tactics and strategy and understanding the federal rules and understanding your judge's chamber rules and understanding his or her standing orders on discovery or on motion practice, I would tell my, when I trained my lawyers, I would tell them, first thing you got to do is you got to understand the rules of the road. You have to know the, go to the, before you start writing, you go to your federal rule of civil or criminal procedure. Understand the rules. Go to the local rules because each district and federal court has local rules that are different than the rules of the main rules, may be different, especially around discovery or criminal practice.

14:55Michael Popok:Go learn that. Then go online and get what we call the chamber rules of the particular judge. Judge likes things done a certain way. Motions prepared a certain way. Case law submitted a certain way on a certain timeline. How do you know that? Judge's chamber rules. Go talk to the clerk. Go get the chamber rules. And then when you're done and you know that better than anybody else, then you start drafting your document. And You better make sure you got the page numbers right and the font size right and you know how to file. Because the way it happens in court, we always look at what's called an electronic docket.

15:31Michael Popok:On the electronic docket, right, you have instant service. The electronic court systems, once you file it with the court, ends up for the judge, they get an alert, boom, filing in this case. clerk, law secretary, grabs it, gives it to the judge when they need it, and it goes automatically to the certificate of service list. And that's how we operate, federal court. And it's also a growing practice in state court that's kind of catching up to federal practice. So I want to bring that all together for you here. But it is likely these 47 subpoenas could be Donald Trump's undoing. We'll be here for it on Midas Touch.

16:15Michael Popok:Hit your free subscribe button, come over to Legal AF YouTube channel and do the exact same thing. 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.

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