In short
The episode discusses Donald Trump’s newly refiled defamation lawsuit against The New York Times, multiple NYT reporters, and Penguin Random House, after an earlier version was dismissed within hours by a Florida federal judge. Guest Michael Popok (Florida attorney; host of Midas Touch) argues the new 40-page pleading is still deficient and should be dismissed again, potentially with sanctions.
Key claims
the complaint improperly relies on “press clippings” and pop-culture references (e.g., The Apprentice and clips from Ghost, Home Alone 2, The Fresh Prince of Bel-Air, etc.) rather than specific false statements and why they’re false; it omits major context about Trump’s alleged legal and criminal history. Notable examples cited include a “stinky carpet” passage from 2003 Trump Tower and allegations about “actual malice” tied to NYT’s reporting practices.
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 New Defamation Lawsuit Overview
0:17 to 0:27
Discussion of Trump's recent lawsuit against the New York Times.
“Plus, lock in your price for five years.”
Trump's New Defamation Lawsuit Overview
1:00 to 1:55
Discussion of Trump's recent lawsuit against the New York Times.
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Trump's New Defamation Lawsuit Overview
2:00 to 2:29
Discussion of Trump's recent lawsuit against the New York Times.
“Best thing that's ever happened to you financially.”
Trump's New Defamation Lawsuit Overview
2:30 to 3:40
Discussion of Trump's recent lawsuit against the New York Times.
“The lawyer that Donald Trump is using to revise and refile that failed lawsuit for billions and billions of dollars against the New York Times for defamation.”
Critical Analysis of Trump's Claims
3:40 to 6:10
Examination of the validity of Trump's defamation claims.
“They brought a complaint against the New York Times and a bunch of its reporters and a book publisher named Penguin about some books about Donald Trump that Donald Trump didn't like.”
The Absurdities in Trump's Complaint
6:10 to 7:50
Highlights of the ridiculous elements in Trump's complaint.
“We're back to Home Alone 2 again, taking up space in this deficient complaint.”
Potential Outcomes of the Lawsuit
7:50 to 14:00
Predictions on how the lawsuit against the New York Times might unfold.
“And at that time, Popak was not able to.”
Analyzing the New York Times Lawsuit
14:00 to 14:36
Learn about the implications of the New York Times lawsuit and its likely outcome.
“Give the lawyers for the New York Times the opportunity to have at it and get rid of this lawsuit.”
Analyzing the New York Times Lawsuit
15:01 to 15:22
Learn about the implications of the New York Times lawsuit and its likely outcome.
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Analyzing the New York Times Lawsuit
16:01 to 16:46
Learn about the implications of the New York Times lawsuit and its likely outcome.
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Show all 11 chapters
Analyzing the New York Times Lawsuit
17:31 to 17:59
Learn about the implications of the New York Times lawsuit and its likely outcome.
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Transcript
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2:30Michael Popok:The lawyer that Donald Trump is using to revise and refile that failed lawsuit for billions and billions of dollars against the New York Times for defamation. Remember the one he filed a month ago in the Middle District of Florida that got immediately, I mean, within hours dismissed by the judge and said, go back and try it again. And this time try to leave out all of the ridiculous, ego-driven allegations that have nothing to do with a clean and concise and clear recitation of the allegations to support defamation. Try it again. The lawyer that's representing Donald Trump, you want to know what his address is that he lists on his pleading that he filed with a federal judge?
3:08Michael Popok:It's literally a mailbox inside of a postal center inside of an original pancake house shopping center in Boca Raton, Florida. No wonder they can't get it right. Good news for them and for our audience here on Midas Touch. I've been practicing law in Florida for a long, long time. I'm going to give you my overview of why this new pleading is no better than the last pleading. It will get dismissed very quickly as well. And perhaps Donald Trump and the guy in the Pancake House mailbox might get sanctioned as well. I'm Michael Popok. You're on Midas Touch. Let's get to it. They brought a complaint against the New York Times and a bunch of its reporters and a book publisher named Penguin about some books about Donald Trump that Donald Trump didn't like.
3:50Michael Popok:In particular, Donald Trump decided at the request of the judge to eliminate all the paragraphs about him winning the election and his electoral victory and how the electoral map changed and all of that. But I was struck by something even more egregious, that when they talk about his reputation, Donald Trump's reputation, that they claim was somehow defamed, because in order to have defamation, You have to have a stellar reputation that's capable of being defamed. And we know there's some warts with Donald Trump. We know there's some skeletons in the closet, let's say. You know what's missing from this new 40 pages?
4:27Michael Popok:I mean, I'll give them that. It is a new 40 pages. But you know what's missing? Any reference to the fact that Donald Trump was a judge to be a sex abuser, that he's on the receiving end of over$100 million of judgment by E. Jean Carroll, that he lost a 34-count felony conviction, that he's a convicted felon, 34-count convicted felon related to business fraud and about the cover-up related to election interference and Stormy Daniels, that dozens of women have testified and or sworn and or written books about Donald Trump, that they were sexually abused by him just as E. Jean Carroll was, that he had not only a 34-count felony conviction, but a 19 count felony conviction against his companies for also business record and other tax related fraud.
5:14Michael Popok:That there is a business, there is a federal, former federal judge in Barbara Jones as a monitor court appointed sitting over the Trump organization right now. That he's been indicted in other places, including in Georgia. That he's gone bankrupt five or six times. Where is all of that? How do you defame somebody like that? By questioning his wealth, by questioning his celebrity, by questioning his business acumen, by questioning, and they didn't even get into the misogyny and the sexual abuse, questioning his morality and writing opinion pieces. These are opinion pieces in books and in articles and other things.
5:59Michael Popok:Instead, Donald Trump thinks that if he just puts together a list of his press clippings, like somebody pulled out his press book and started talking about, well, he was in this movie and in that movie. We're back to Home Alone 2 again, taking up space in this deficient complaint. In fact, let me just read to you from some of the complaint. I'll post the rest on Legal AF Substack for you to read. So let me go first to paragraph 47 in which he says the following the times and its authors admit that they view president trump as a threat who does not deserve fair treatment this is their allegation to allegedly support that uh that they there's actual malice present in order to show actual malice you have to show if you're a public figure like donald trump to prove defamation that the other party knew or should have known, knew or should have known that what they wrote was false.
6:59Michael Popok:Knew or should have known. The Times having a, not believing that he should get fair treatment, citing to an article in the New York Times. The newsroom of the Times has been reporting, this is from the New York Times, has been reporting for years on Donald Trump's tenuous relationship with the facts, we routinely point out falsehoods, exaggerations, and misstatements, making sure that we also then let leaders know what's accurate. Okay? What's the matter with that? And that is not actual malice. Again, these are writers, these lawyers, Mr. Brito, and the other guy in the original Pancake Cow Shopping Center, who don't understand defamation.
7:44Hey, everybody. Ben Mycelis here from the Midas Touch Network. I wanted to let you know about my podcast partner, Michael Popak's new law firm. It's called the Popak Firm. Michael Popak's pursuing his dream of starting his own law firm, really based on the popular demand by all the Midas, Mighty, and Legal AFers who were approaching Michael Popak with their cases and saying, can you help us? And at that time, Popak was not able to. So he went out on his own. He started of the Popak Firm, where he is now handling catastrophic injury cases like car accident cases, trucking cases, malpractice cases, big negligence cases, wrongful death cases.
8:28So if you or someone you know have a case like this, the consultation with Popak's firm is free. Give him a call. See if you have a case. It's thepopokfirm.com, thepopokfirm.com, or you can call 877-POPOKAF, P-O-P-O-K-A-F. So 1-877-P-O-P-O-K-A-F. Give Michael Popok a call. And I'm really proud of you, Popok. Thanks for all the hard work you're putting in.
8:59Michael Popok:Similarly, if you go to paragraph 58, we have the return of Home Alone 2. taking up space. This is in a section that's supposed to be about Donald Trump's reputation. Again, leaving out the indictments, the convictions, the sex abuse, and the rest. They say illustrative and non-exhaustive and publicly available examples of the consistent demand for President Trump in pop culture before the apprentice include ghosts can't do it. Who 1989 in which he played himself in scenes with Bo Derek. How old is the audience reading this? And then just in case you forgot that he was in these things, they actually wasted time putting YouTube clips as if the judge here, Judge Meridae, a Republican appointee, was going to take time to go watch Ghost Can't Do It.
9:53Michael Popok:Home Alone 2, 1992. The Fresh Prince of Bel-Air. The Little Rascals. The Nanny, The Drew Carey Show, Spin City, Sex in the City, Two Weeks Notice, and The Ali G Show, where he was interviewed by Sacha Baron Cohen. All these appearances confirmed President Trump's unique place and the national cultural consciousness well before he put on The Apprentice. He's all pissed off because they allege that Mark Burnett, the producer of The Apprentice, made him. Let me just tell you the truth here. about Donald Trump, because I lived and worked in New York and grew up in New Jersey. I watched him go bankrupt five times at the casinos.
10:38Michael Popok:He was a failed developer who had bankrupted himself several times, including with casinos. And he was on the balls of his ass financially. Nobody who is secure and has made a gazillion dollars would host The Celebrity Apprentice. It's not like Shark Tank with Mark Cuban. And so that did put him back on the top. And the thing that seems to still bother Donald Trump is this one quote about a stinky carpet, again, not making it up, a stinky carpet that they reported on, because it shows up so early in the allegations. This is what they say. Here's what they say about the stinky carpet. This is on paragraph 21, page 13 of the complaint.
11:28Michael Popok:Late in the summer of 2003, a team of television producers stepped off the elevator on the 26th floor of Trump Tower. After years filming Survivor in jungles around the world, training cameras on exotic spiders and deadly snakes to evoke danger, they came looking for a different set of sensory clues. the tiny details that would convey wealth and power. Right away, they knew they had a problem. The first thing they noticed was the stench, a musty carpet odor that followed them like an invisible cloud. Then they spotted scores of chips in the finish of the wood desks and credenzas. The decor felt long out of date, making the space seem like a time capsule from when Donald J.
12:07Michael Popok:Trump opened the building early in the first rise to fame. And apparently Donald Trump hates that musty carpet. and he's suing billions of dollars over it. Let me make this simple. This complaint does not support the appropriate allegations necessary to support a defamation claim. You can't just throw up on the wall a bunch of statements that you think your client disagrees with and disagreement is not defamation and then don't list how they're wrong, which in no place during the complaint do they say, here's the statement from the article, here's the statement from the book and here's why they're wrong.
12:43Michael Popok:Where is that? nowhere. This is an equally deficient, ridiculous, silly complaint that if Judge Meridae allows to stand on his own, we'll wait to see, it will be very quickly dispatched by appropriate motion practice brought by the New York Times and their amazing libel and defamation lawyers. I have no doubt about that. And the guy, and let me give a shout out so everybody knows who I'm talking about. The guy who works out of, and it seems to have no shame about working out of a pancake house, shopping center, and his office consists of a mailbox in a postal office. Daniel Zachary Epstein, Epstein and Company, 8903 Glades Road, Suite 8A, number 2090.
13:37Michael Popok:That's his mailbox and his, and his, this is all the public record. His email is chair00trek at iCloud.com. Nothing says I'm a sophisticated lawyer like an email address of chair00trek at iCloud.com. So in the meantime, we'll continue to follow this. My prediction is that Judge Meridae will let it stand. Give the lawyers for the New York Times the opportunity to have at it and get rid of this lawsuit. And then it will be dismissed, I think, with prejudice. Once the judge gives you one opportunity, you're not going to get too many more. I don't think there's going to be a third or what we call a second amended complaint for a third pleading.
14:22Michael Popok:I think this is about it. This was their chance. This is the one the New York Times will punch at and I think will knock out. I'll continue to follow it here on Midas Touch. Slide over to Legal AF YouTube. Hit the free subscribe button there as well. Until my next report, this is Michael Popak. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at Legal AF MTN. That's at Legal AF MTN.
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From the publisher
Trump just filed another failed defamation suit amended complaint against the New York Times this one no better than the last, as Trump tells the judge, again, that he was in Home Alone 2, Sex and the City, and other pop culture movies, but leaves out as part of his reputation that he is an adjudged sex abuser, convicted felon, a 4x bankrupt, and with Companies that are presently under a court ordered monitor to protect the public from future fraud. Michael Popok also uncovers that one of Trump’s lead lawyers who signed the pleading operates out of a postal mail box in an Original Pancake House shopping center in Florida.
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