Trump DOJ Admits Defeat in Devastating Filing

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. This episode is brought to you by Fox one. Watch all 104 matches of the FIFA world cup live in 4k for just$19.99 a month with three days free.

0:42Build your own multi-view, choose up to three streams and follow player spotlights. Stay on top of every moment with live stats, highlights, and instant replays. The FIFA world cup streaming live on Fox one offers a subject to change. See Fox.com for complete terms and conditions. This summer, FanDuel is the best place to bet on goals. Including equalizers? Uh-huh. Balls? Yep. Headers? Every goal is worth more on FanDuel. So, let there be goals. New customers get$350 in bonus bets guaranteed when you bet$5 for seven days. 21 plus in present and select states. First online real money wager only.

1:17Minimum$5 wager required for seven consecutive days. $5 first deposit required. Bonus issued as non-withdrawable bonus bets, which expires seven days after receipt. Restrictions apply. See full terms at fanduel.com slash sportsbook. Gambling problem? call 1-800-GAMBLER or 1-800-MY-RESET. Ray-Ban Meta lets you explore the world without a screen getting in the way, so you can stay present in the moment. Hey, Meta, tell me what kind of dessert this is. That's a Stroopwafel, a Dutch waffle with spiced syrup in the middle. Is it sweet? Yes, perfect for a snack or dessert. Mmm, delicious. Get answers on the go without interrupting your flow.

1:53Ray-Ban Meta, iconic style meets Meta AI. Available at Walmart and other authorized retailers. 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. Paid for by Phil Weiser for Colorado Registered Agent Nandan Noschese.

2:30Michael Popok:We got a very odd new filing in federal court by the Trump Department of Justice in a case involving former FBI Director James Comey. They've moved to dissolve the temporary restraining order issued by Judge Colarchitelli on Sunday to stop them from using certain documents to try to reindict James Comey, documents belonging to a law professor, Daniel Richman, who's also an attorney for James Comey. But in the filing, they take certain positions that are going to make your hair stand on end, are hypocritical, and are also contrary to the law. I'm going to cover it all here for you right now on the Midas Touch Network.

3:09Michael Popok:Take a moment, hit the free subscribe button on Legal AF YouTube to support all the work that we do there. Just got filed. The first odd position is they actually have the brass ones to tell Judge Colarchitelli that a civil litigant like Daniel Richman, who brings a motion to reclaim his property under the Fourth Amendment, should not be allowed to interfere with an ongoing criminal prosecution. They say, particularly on page one, The court's grant of Richmond's request for preliminary relief has effectively enjoined the government from investigating and potentially prosecuting Comey. But federal courts cannot enjoin federal criminal prosecutions.

3:54Michael Popok:A civil plaintiff cannot circumvent bedrock federal criminal procedure via an equitable proceeding like this one. That is exactly what some of these very same lawyers, when they used to privately work for Donald Trump, like Todd Blanche, it's exactly what they did when they filed a motion to interfere with the criminal prosecution of Donald Trump related to Mar -a-Lago. They filed a motion that ended up before Judge Cannon. She actually agreed with them, allowed the defendant as a civil litigant to file a motion to interfere with that prosecution. Now it got reversed by the 11th Circuit. But to hear Todd Blanche now wearing the hat of the head of the Department of Justice say out loud, oh, you can't let a civil litigant interfere with criminal prosecution.

4:43Michael Popok:How dare you? Now, let's move on to their other admission. They also admit that they're not complying with Judge Curry's order about who is the U.S. attorney in the Eastern District of Virginia. If you go to their signature page, sure, it's signed by Todd Blanche, Deputy Attorney General, but it's also signed by somebody that's masquerading and impersonating a U.S. attorney. Lindsey Halligan is still on the motions as United States Attorney for the Eastern District of Virginia. Nobody believes that she's the U.S. Attorney for the Eastern District of Virginia. I'm not even sure Lindsey Halligan does.

5:22Michael Popok:Judge Curry three weeks ago said she was illegally appointed that a vacancy resulted in based on Judge Curry's order and it needed to be filled by the Eastern District of Virginia judges. Now they haven't filled it and Lindsay Halligan apparently keeps showing up to work. But that is a if I'm Judge Curry I do an order to show cause why these filings are in contempt are not in contempt of her order. And then you go to page 15. Interesting things are sometimes buried on page 15 of a 20-page motion. Here they talk about the indictment. And we've been wondering if they're going to try to re-indict James Comey, just like they tried to re-indict and failed to indict Letitia James for mortgage fraud recently.

6:13Michael Popok:Were they going to try to do a Lindsay Halligan free indictment, a clean indictment to try to clean up the mess. And we said it's going to be difficult because Judge Curry declared that the indictment was null and void, void ab initio, because it came from an illegally appointed U.S. attorney in Lindsay Allegan. Not that it was a defective indictment, that the indictment was illegal in and of itself, was void of itself. And that meant that the statute of limitations clock didn't run and that the government would not be able to use a statute we call 18 U.S.C. 3288, which allows the government to fix a defect in an indictment, a defect in an indictment, not in the indicting entity, not in the indictment signer, not in the U.S.

7:03Michael Popok:attorney, in the indictment, a mistake, an error, a typo, an element that was left out, a statute that was miscited. Then you have six months to fix it and the statute of limitations is extended. That's not what happened here. Plus, they basically admitted they don't have any other crimes to charge James Comey with. They're going to be sticking with this perjury where that he allegedly lied in a question and answer with Ted Cruz back in September of 2020. But here's what they say on page 15. They say Richmond, who's again, the lawyer for James Comey, who brought the motion to get his stuff back.

7:40Michael Popok:This is documents and information that Richmond had turned over pursuant to prior warrants, not even for this case, back in 2017 and 2020. They were just laying around the FBI offices, apparently, up on a shelf until Lindsey Allegan decided to let an FBI agent go rummaging through them and trampling over the Fourth Amendment rights of Richmond and ultimately the constitutional rights of James Comey to try to gin up an indictment against James Comey in 2025. That's called a warrantless search, folks. That's in violation of the Fourth Amendment of the Constitution. You know that nostalgic feeling of sitting at the breakfast table as a kid and pouring a giant bowl of cereal that just tasted amazing?

8:25Michael Popok:Well, Magic Spoon has reinvented that feeling with cereal and treats that bring back the flavors you love, but in a way that actually fuels your day. Every serving of Magic Spoon's high-protein cereal packs 13 grams of protein, zero sugar, and four grams of net carbs. And the flavors, straight out of your childhood, fruity, cocoa, and frosted. And then there are the magic spoon treats. Crispy, crunchy, airy, and ridiculously satisfying with 12 grams of protein in every bar. They come in mouth-watering flavors like marshmallow, chocolate, peanut butter, and dark chocolate. Perfect on-the-go, pre - or post-workout, or even as late-night snack.

9:01Michael Popok:Here's how you try them. Get$5 off your next order at magicspoon.com slash legal AF or look for Magic Spoon on Amazon or in your nearest grocery store. That's magicspoon.com slash legal AF for$5 off. Here's what they say about the position. Richmond is flatly mistaken that any charges related to the underlying conduct are time barred simply because the district court held that the prior indictment was void as a result of an appointment defect. It's not an, okay, see where they're going to use the word defect. See, we had a defect. It was an appointment defect. We're going to fix it. They haven't fixed it.

9:42Michael Popok:How do they fix it? Because they brought in a number two deputy attorney general, deputy U.S. attorney to sit next to her? No. They go on to say that the statute of limitations has indeed expired on the charges with which the grand jury indicted Comey. That's perjury. But 18 U.S.C. 3288, a law expressly allows the United States to reindict, quote, whenever an indictment dot dot dot charges of felony, charging a felony is dismissed for any reason after the period prescribed by the statute of limitations has expired, citing a case from 1976. Except when you go back and you read 3288, and I know it pretty well, that's for a defect in the indictment, not the indictment process, not the prosecuting attorney defect that she has a defect.

10:36Michael Popok:That's the only way you get it. Otherwise, you're done. Statut of limitations has run. But we're going to be having a fight over 3288. You can see it coming. It's going to start with Judge Nakmanoff, who I think presides over this particular case, and then we're going to wait on Judge Curry to decide whether she's going to bring an order to show clause or contempt proceedings against Lindsay Halligan. I recommend that she does. But this also is an admission that they have no other case against James Comey but this thing that Lindsay Halligan indicted with like an hour to spare in the statute of limitations.

11:08Michael Popok:They didn't even drop a footnote to talk about other charges that they could bring. They say that, and finally, they disagree with Judge, Magistrate Judge Fitzpatrick, the judge in the lower court, who's the magistrate for Judge Nakamodoff, who took a look at what happened with the Richmond files and filed an order, issued an order that said Daniel Richmond's Fourth Amendment rights were trampled upon, that he had provided his iPhone, his iPad, his emails and correspondence and a server back for another investigation, that that should have all been segregated by a taint team to make sure that there were no attorney-client privilege information in there and non-responsive information in there that wasn't responsive to the warrant.

11:59Michael Popok:It then sat on a shelf. It never got used in that investigation. Nobody got prosecuted related to Hillary Clinton's emails. And so Lindsay Allegan was told there was a box from Daniel Richmond. They were, oh, let's go through the box. They didn't even bother getting another warrant to get that same material. And Richmond wants his box back because it has attorney-client privilege information in it that the FBI agent who testified to the grand jury against Comey already saw. Fruit of the poisonous tree, He's already seen it. So we've got that going on and the violation of the Fourth Amendment. So what's going to happen next?

12:43Michael Popok:Later, there's going to be a final filing by Daniel Richmond's lawyers opposing these positions that have now been taken for the first time by the government. There'll then be a ruling before Friday by Judge Colarchitelli about whether Daniel Richmond's files, documents, and copies are not only going to be returned to him, but that the government is going to be blocked from using them or any fruit of that poisonous tree for a future indictment. That's what this is all about. And we'll cover it right here on Midas Touch and on Legal AF. Until my next report, I'm Michael Popak. Can't get your fill of Legal AF?

13:23Michael 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. Wear Legal AF on Substack. Come over now to free subscribe.

13:58Seriously, 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 and in Noscazy.

14:54Then full price plan options available. Taxes and fees extra. See full terms at mintmobile.com.

15:25Spotify Advertising. You're among fans. Starting a business can seem like a daunting task, unless you have a partner like Shopify. They have the tools you need to start and grow your business. From designing a website, to marketing, to selling and beyond, Shopify can help with everything you need. There's a reason millions of companies like Mattel, Heinz, and Allbirds continue to trust and use them. With Shopify on your side, turn your big business idea into... Sign up for your$1 per month trial at shopify.com slash special offer. When patient care is your top priority, you need a proven workforce solutions partner who can deliver it all and deliver it right.

16:03AMN Healthcare brings together technology and talent into one seamless solution. Trusted by more than 2 ,000 health systems across the country, we help organizations make smarter, data-driven decisions and improve patient outcomes. AMN Healthcare. One partner, complete workforce solutions. Discover how we are empowering the future of care at amnpartners.com. Thank you.