Trump Faces Massive Sanctions as Judge Voids His Case

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1:01Michael Popok:Todd Blanche has effectively been referred to the Bar Association by a federal judge as part of Judge Williams' series of sanctions against Donald Trump, Donald Trump's private counsel, Donald Trump's government counsel, and everybody else who appeared in front of Judge Williams, a Miami federal judge concerning the Jan 6th weaponization fund settlement, and they're a fraud and deceit on the court. We got a 56-page decision from Judge Williams, a judge that I know well in Miami, and this is worse for Todd Blanche and for the Department of Justice and Trump than I even thought going in waiting today, because I thought she was going to issue that ruling before Todd Blanche's confirmation hearing currently scheduled, subject to what happens off the death of Lindsey Graham for this Wednesday.

1:52Michael Popok:Let's get down to it. Let me give you the highlights. Judge Williams has found effectively there was a bad faith filing by Donald Trump in control as a puppet master of all the parties to a lawsuit, Trump versus the Internal Revenue Service. He is the president of the United States. He controls all of those parties. There was no adverse parties. That suit should never have been filed and should never have been used to give the imprimatur of legitimacy to a settlement agreement that created the Jan 6th weaponization fund and this later release of all of Donald Trump affiliates and family of criminal and tax liability.

2:29Michael Popok:She didn't like that either. And the fact that they've never completely walked away from that and use the court, literally use the court to give it some sort of official seal of approval, and she's not happy about it. Here's what she has said as part of her sanctions that she's issuing pursuant to Rule 11 of the Federal Rules of Civil Procedure against bad faith filings and her own inherent authority. Firstly, she's declaring that that fund and the settlement is effectively null and void. She has canceled it, if you will, outright, because that suit should never have been filed and therefore no settlement should ever been filed.

3:10Michael Popok:I'll read you from the portions of her brief concerning it. She also has awarded attorney's fees against Donald Trump personally by he's going to have to pay the fees for the 35 former federal judges that brought a motion to convince Judge Williams to take another look as whether she was defrauded or not. That was led by J. Michael Luddick, and that was led by Nancy Gertner, along with 33 other federal judges. So they're going to get their attorney's fee. She's invited a fee application in the next 14 days. Similarly, she hired as a judge three independent lawyers sitting in New York to guide her as friends of the court about some of these complicated issues.

3:55Michael Popok:They're going to be able to apply for their attorney's fees. Alejandro Brito, the lawyer for Donald Trump privately. He does all of his bidding for him, filing all these bad faith defamation cases and participated in this case. He's being referred to the Florida Bar for investigation directly by the federal judge. In addition, Todd Blanche is having this order sent to the bar associations that regulate his conduct, like the New York Bar that I'm a member of, the Appellate Division First Department and the District of Columbia Bar. You could not have written a worse order for Donald Trump or for Todd Blanche on the eve of his confirmation hearing on Thursday.

4:37Michael Popok:Let me start reading from this order. She starts it off on page one by saying that on May 27th, the 35 non-party movements, those are the judges, filed a motion for relief. The non-party movements highlighted the atypical way the litigation had unfolded and argued that the purported settlement is a product of collusion. The court entered an order directing the plaintiffs to detail their position as to various issues, including the charges of collusion and whether the parties are adverse, the assertion that the dismissal was premised on a deception by the parties, and whether the case should be reopened because the court was a victim of fraud.

5:18Michael Popok:She did not like the fact on page two that plaintiffs started off their filing by stating that, quote, President Trump served as the 45th president of the United States and as the 47th president of the United States, but that he filed the suit in his personal capacity. The judge says up front, after a review of the record, the court declines to adopt or accept the credulous exercise of divorcing President Trump's current job title from an understanding of what happened here. She then sticks it to Donald Trump by using his favorite term, the art of the deal, which was the name of his book. She says on page two, the parties here are not private actors to a mine run dispute, recounting their proficiency in the art of the deal they negotiated.

6:03Michael Popok:Lead plaintiff and defendants are public servants, the pinnacle of the executive branch, sworn to uphold the law, faithfully perform the duties of their office and protect the interests of the American public. She says in footnote two, plaintiffs also with no apparent sense of irony criticized the non-moving parties, that's the judges, for their political motivations, their previous disinterest in the case, and their purported inappropriate promotion of abstract grievances. She didn't like that either. She then goes over how we even got here and the fact that the statute of limitations for that lawsuit likely ran several months before Donald Trump filed it, and yet the Department of Justice never made that agreement.

6:47Michael Popok:These are all badges that demonstrate to the judge that there has been effectively a fraud on the court. Now let's get down to the sanctions. She talks about the attempt by the Department of Justice to manufacture a lawsuit to give their settlement the imprimatur of legitimacy. She doesn't like who signed the agreement either. She said on page 30, the court's conclusion regarding the party's shared interest is also underscored by the execution of the settlement agreement. First, it's signed on behalf of plaintiffs by Daniel Epstein. Daniel Z. Epstein, a former White House senior counsel and special assistant to the president from 2017 to 2020.

7:35Michael Popok:He's also a good friend of Boris Epstein, who calls the shots in all of these cases the fixer for Donald Trump. Notably, Mr. Epstein was never counsel of record in this case. The complaint signature block identified him as counsel for plaintiffs, but represented that his ProHoc Vici application was forthcoming. She also doesn't know why he's in the case at all. Mr. Brito signed the complaint. Alejandro Brito, he's admitted to the Florida Bar and to this district, yet he did not sign the settlement agreement. Mr. Epstein's name appears on the complaint, but he did not and could not have signed it.

8:11Michael Popok:And so why is Epstein signing the settlement agreement? She continues on top of page 31 that the court can only surmise that Mr. Epstein was aware that he would never need to appear and litigate the merits of plaintiff's case. Second, the settlement agreement is signed on behalf of defendants by Stanley Woodward, the current associate attorney general at the Department of Justice and acting attorney general Todd Blanche. She says that before he went to the DOJ, Woodward represented several individuals who attacked the Capitol. He also represented Walt Nauta, who was President Trump's personal aide and a co-defendant in the Mar-a-Lago case.

8:47Michael Popok:Before his appointment to the Department of Justice, Blanche was Trump's personal criminal defense attorney in several high-profile matters, including the Mar-a-Lago case. She doesn't like any of those. She then talks about how Rule 11 and the local rules about Rule 11 govern here, and that the fact that the case was dismissed to try to get it away from the judge doesn't leave her powerless under Rule 11. I never thought a pillowcase could make much of a difference until I tried Blissey. Blissey pillowcases. They're made from 22 MoMe 6A grade 100 % pure mulberry silk. And I noticed the difference right away.

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10:15Michael Popok:Because you're a listener, Blissey is offering 60 nights risk-free plus an additional 30 % off when you shop at blissey.com slash legal AF. That's B-L-I-S-S-Y dot com slash legal AF and use code legal AF to get an additional 30 % off your skin and hair. Well, thank you. She says on page 42, the case concerns whether plaintiff's conduct satisfies Rule 11, bad faith filings. And she concludes that it does. She then says sanctions are appropriate and that she has broad discretion to tailor a sanction given whatever the misconduct is in her case. Here's what she says on the bottom of page 46. Thus, after considering the totality of the circumstances, including the record, the relevant law, the written submissions, and the factors identified by the 11th Circuit, the court concludes that Rule 11 are appropriate here.

11:17Michael Popok:She cites to the case of her fellow judge, Judge Middlebrooks, in Trump versus Clinton, in which Rule 11 sanctions were awarded for a frivolous bad faith filing by Donald Trump against his political enemies, the Democratic Party, including Hillary Clinton, in which, In that case, Judge Middlebrooks ruled courts are not intended for performative litigation, as this is harmful to the rule of law, portrays judges as partisan and diverts resources that should be directed to real harms. Here's her Rule 11 non-monetary sanctions. She did issue monetary sanctions. Plaintiff Attorney Alejandro Brito practices in Coral Gables, Florida, is referred to the Florida Bar for its consideration and determination as to whether any disciplinary action is appropriate.

12:05The clerk is directed to mail a copy of this order to the Florida Bar.

12:09Michael Popok:All future applications for Daniel Z. Epstein for pro-oc admission will be denied for one year or until further order of this court. There goes Dan Epstein practicing in the Southern District of Florida. The parties are prohibited from referring to the purported settlement agreement or using, offering, admitting, or citing to any of its provisions or any other official proceeding as evidence of a settlement reached in this matter. Plaintiff means the name plaintiffs, including Trump, Don Jr., Eric Jr., the Trump Organization. Defendants means the Internal Revenue Service. They can't call it a settlement.

12:49Michael Popok:They can't refer to it as a settlement agreement. She continues with her Rule 11 sanctions related to bad faith filings, which she has determined that has happened. And then she issues, she wants monetary sanctions. So she gives 14 days for the former federal judges led by Judge Ludic and Judge Gertner to apply to be reimbursed for their hourly rate. I'm sure that's$1 ,400 to$2 ,000 an hour, by the way. She also wants the amicus people, the three, former federal Judge Gleason, a former solicitor general, and a great attorney up in New York to submit their attorney's fees. And then she wants this order to also be sent.

13:36Michael Popok:Let me read to you this one. A concerning Todd Blanche. she wants the order to be sent where his bar is regulated. She says here, plaintiffs may file any, okay, there remain the initial Amici whose appearance is not contested. Plaintiffs may file any response seven days after to the application. Finally, the clerk of the court is directed to mail a copy of this order to the State Bar of New York and the District of Columbia for for Todd Blanche and Woodward, where disciplinary proceedings are currently ongoing. There you have it, everybody. Judge Williams. Now, I'm going to work hard to get Judge Ludig, who's a frequent guest with me, back on Legal AF to talk about his great victory very soon.

14:29Michael Popok:In the meantime, support what we do here in Independent Media on Midas Touch and on Legal AF by hitting the free subscribe button on both channels. Until my next report, this is Michael. I will post this order in Legal AF Substack for your review. Until my next report, this is Michael. 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.

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