Trump Panics and Scrambles to Save Himself from Devastating Court Losses

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2:28Michael Popok:We got some breaking news and a fast-moving story out of Rhode Island. The Trump administration is defiant and is refusing to make$8 billion worth of payments for the SNAP anti-hunger monthly payments in November that 42 million people rely on, including 18 million children. Rather than make the payments as ordered with an order from Judge McConnell that just came out late yesterday, the Trump administration has instead run to the First Circuit Court of Appeals and filed a motion for stay. They asked to stay or block Judge McConnell's order yesterday, that was denied by Judge McConnell. Right now, as of this recording, the Trump administration is openly defying an order because until you get the actual stay from the First Circuit, which I doubt is coming, you must make the payments or you'll be dragged back into court with Judge McConnell to answer for it, including to be found in contempt.

3:27Michael Popok:But let's forget all the legality. Let's forget all the procedural hurdles and agency action. We're talking about human beings. We're talking about Americans. We're talking about 42 million of the most underprivileged people below the poverty line that are being starved to death by this administration to make a cheap political point against the Democrats about getting the government reopened. A government that's only shut by a president who controls effectively the three branches of government. He controls the Supreme Court. He controls the executive branch and the legislative branch. And Americans are dying as a result.

4:08Michael Popok:I'm going to read to you from Judge McConnell's written order we just got our hands on. Came out late on yesterday, 27 pages. Then I'll give you an update. And I just did an interview with Sky Perryman, who runs Democracy Forward. That's the entity and its lawyers that are there in front of Judge McConnell for the American people trying to make sure that they don't they aren't starved to death and made a political hostage by Donald Trump. In fact, Judge McConnell, and I'll read it to you in a minute, he said in his order, this is just a this whole led administrative red tape argument that the government is raising.

4:48Michael Popok:Oh, it's very hard to make half payments because it'll take us months to come up with new tables and give it to the states. He said, well, don't make half payments. That's never been done before and never in the history of the program has it ever been cut off during a shutdown. Make full payments. And this argument that you have about administrative hassles is just pretext because you're cutting the funding because Donald Trump wants to cut the funding because he wants to make political hostages of other Americans. Here's what Judge McConnell said in his written order that we just got our hands on.

5:19Michael Popok:It's up on Legal AF Substack right now. It is estimated that 42 million individuals, approximately one in eight Americans, rely on the Supplemental Nutrition Assistance Program, SNAP. This includes 14 million children, 8 million elderly people, and 1.2 million veterans. A core mission of the United States Department of Agriculture is to ensure that Americans' children are properly nourished, yet their decision to not feed hungry Americans through SNAP leaves this court to address the issues the agency has failed to resolve. While the President of the United States professes a commitment to helping those it serves, the government's actions tell a different story.

5:59Michael Popok:Faced with a choice between advancing relief and entrenching delay, it chose the latter, an outcome that predictably magnifies harm and undermines the very purpose of the program it administers. Such conduct is more than poor judgment. It is arbitrary and capricious. One cannot champion the public interest while simultaneously adopting policies that frustrate it. Here's what he says on page 14 of his order. The defendants overlook the fundamental point that compliance is achieved when Americans are fed, not when the federal government shifts the administrative burden of dispersing funds onto the states, especially when there is still no clear disbursement date in sight.

6:38Michael Popok:By doing so, the defendants have undermined both the intent and the effectiveness of this court's October 31st order and November 1st written order. The court is not inclined to excuse the noncompliance, particularly where the obstacles the defendants now invoke are the foreseeable result of their own choices to do partial funding. This is what he said on page 23. One final point here, the judge says, contrary to what the defendants claim, 29 million children who participate in the child nutrition program are not at risk of immediately going hungry. In other words, take the money from other funds that you have to top up because there's only a partial amount left.

7:26Michael Popok:Apparently,$4.65 million of the$8 million necessary for November payments is still available. But there are other payment accounts that the USDA can use to top this up to make a full SNAP payment. And they're saying, well, we don't want to take it from the Child Nutrition Program. You can, because that's not going to make people go hungry. And many of these children are also covered by SNAP. You can take it from Section 32 receipts, which come from customs duties. So the judge says, instead, SNAP recipients, 16 million of whom are children, will go hungry if they do not receive their SNAP benefits this month.

8:07Michael Popok:And then he goes after Donald Trump. And he says on pages 23 and 24 that this agency in action is just a pretext. It is arbitrary and capricious. Here's what he says about that. Defendants stated desire to conserve funding for child nutrition programs seems entirely pretextual, given the numerous statements made in recent weeks by Trump administration officials, which who make clear that SNAP benefits are being withheld for political reasons. First, the defendant, the defendant's claim is undercut by the banner on the USDA's website, which provides that the well has won run dry because of Senate Democrats.

8:51Michael Popok:The well is run dry cannot be so if as recent as 2019, the Trump administration's agricultural department acknowledged that contingency funds could be used to fund SNAP during the government shutdown. Second, and most notably, the defendant's claim is further undermined by President Trump's recent statements on social media. Initially, he said, if we're given the appropriate legal direction, it will be my honor to provide the funding. Despite the clear legal direction from this court and despite the defendant's indication in a filing of their intent to comply with the order, the president nevertheless threatened to withhold SNAP payments on Election Day until the end of the government shutdown.

9:32Michael Popok:SNAP benefits will be given only when the radical left Democrats open up government and not before. And the judge is not too pleased with that. So he has ordered that the payments get made by Friday, today, November 7th, 2025, and that it be topped up to the full$8 million. Now, what did Trump do when he got that order? He asked in court to have the order stayed. The judge said no. They ran to the First Circuit Court of Appeals. They filed a notice of appeal, and now they have filed a motion to stay these actions by the First Circuit. I don't think the First Circuit is going to grant that motion, not with$8 billion and 42 million people and their hunger at risk.

10:20Michael Popok:So if they lose there, the only thing they can do is then file, and that'll be over the weekend and we'll keep a close eye on it, an emergency application to the United States Supreme Court. Now, we know they've done pretty well there. They're winning about 80 % of the time with emergency applications. They just won on a transgender passport issue, of all things. So we'll have to see. When it comes to funding, the United States Supreme Court has not been in favor of the American people and has allowed Donald Trump to cut off funding in other areas, like the Department of Education and for women's groups.

10:57Michael Popok:We'll have to see what they're going to do with 42 million starving Americans. And we'll continue to follow it all right here. You're on the Midas Touch Network. come over to Legal AF, the Substack, hit the paid membership for Substack. I think it's$6.77 a month. You'll get copies of all these motions. You'll get live reporting and updating only on Legal AF Substack. And then come over to Legal AF YouTube as we approach our 1 million subscriber base, be a part of that 1 million, that 1 million march over on Legal AF YouTube. So until my next report, I'm Michael Popak. Can't get your fill of Legal AF?

11:34Michael 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. Hey there, it's Wayfair here, where delivery and setup are as easy as a few taps on your phone.

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