Legal AF: Far Right Appeals Court Rules Against Trump in Big Surprise

Podcast: Legal AF by MeidasTouch
Date: September 3, 2025
Host/Analyst: Michael Popok (with references to Ben Meiselas and Karen Friedman Agnifilo)

Overview

In this episode, Michael Popok offers a deep-dive analysis of an unexpected decision by the conservative-leaning Fifth Circuit Court of Appeals against Donald Trump. The case involves Trump’s controversial use of the centuries-old Alien Enemies Act to deport individuals from Venezuela, raised in the wake of escalating tensions—with the administration even blowing up a Venezuelan-linked boat in the Caribbean. The episode unpacks the court’s nuanced, split decision, its constitutional implications, and forecasts the Supreme Court’s likely involvement.

Main Theme

Examining the limits of presidential power under the Alien Enemies Act, judicial checks on executive authority in wartime-like circumstances, and the legal processes protecting immigrants and asylum seekers.

Key Discussion Points and Insights

1. Context of the Fifth Circuit Decision

• [01:29] Michael Popok sets the scene: The Trump administration attempted to use the Alien Enemies Act to deport Venezuelans, following hardline events, such as a U.S. military strike on a boat in the Caribbean.

  • “What does the Trump administration's decision to blow up a boat in the Caribbean… have to do with a 5th Circuit Court of Appeals decision that came out on the same day against the Trump administration? ...Donald's Trump has declared that we're at war with Venezuela… giving him the powers to use the Alien Enemies Act.” (Popok, 01:29)

• Background:

  • The administration claimed justification for military and immigration actions based on alleged war conditions with Venezuela.
  • Historically, the Alien Enemies Act (1798) has only been used three times, notably in WWII for internment of Japanese and German Americans.

2. Fifth Circuit’s Ruling Explained

• [02:00–04:00] The court’s core findings:

  • “2 to 1, Southwick and Carrillo Ramirez… ruled that Donald Trump could not use the Alien Enemies act, that there was no predatory incursion, there was no war, and therefore he cannot remove people pursuant to that statute.” (Popok, 03:44)
  • They clarify Trump can still deport under other statutes, but not in the expedited fashion the Alien Enemies Act would allow.

• Split on due process notice:

  • Majority (Southwick + Oldham): 7-day notice to immigrants was sufficient.
  • Dissent (Carrillo Ramirez): Argued for at least 21 days.

3. Legal Process and Supreme Court’s Involvement

• Background on how Supreme Court got involved and expectations for next steps ([05:00]):

  • “The Supreme Court has said if you're going to remove these people, they all need due process rights under the Fifth Amendment and… bring their case to federal judges by writ of habeas corpus…” (Popok, 06:27)

• The Fifth Circuit admits the law is unclear and signals Supreme Court guidance is needed:

  • “Thus, judicial humility is particularly appropriate here. A decision must be made, of course, for acceptance or rejection by the Supreme Court.” (Popok quoting the majority, 09:30)

• Outcome:

  • Fifth Circuit grants injunction preventing removal under the Alien Enemies Act, pending further litigation.

4. Memorable Quotes & Judicial Attitudes

• The court admits a lack of clear precedent, highlighting legal ambiguity:

  • “We state now that the case law we just cited and others we will review do not directly or unambiguously give us the answers to the Supreme Court's question. So they're basically shrugging their shoulders a bit.” (Popok, 09:30)

• On the dangers of unchecked presidential power ([12:30]):

  • Popok calls out Judge Oldham’s extreme deference to executive authority:
    “What Oldham effectively said in his dissent… is that President, we should always bend over backwards to give strong deference to a president about foreign affairs and national security. And what if he says we're at war, even though we can see that we're not, we're at war...You can see the dangerous slippery slope related to that.” (Popok, 12:22)

• Warning about the risks of such deference to Trump:

  • “That's a dangerous place to be, Judge Oldham. That's a dangerous world, especially one that's occupied by a President Trump.” (Popok, 13:39)

5. Dissenting Opinion and Its Implications

• Judge Oldham (Trump appointee) authors a sweeping 80-page dissent, arguing for extreme deference to any presidential declaration of war or emergency.
  • Popok observes, “Oldham is a major MAGA Trump appointee...trying to show their allegiance to Donald Trump and that they are trying to get the next job when and if somebody dies [on the Supreme Court].” (Popok, 11:58)

6. What’s Next? Anticipating the Supreme Court

• [14:00]
  • Popok forecasts this will be the only Alien Enemies Act case reaching the Supreme Court soon and may not be on an emergency basis but could be expedited.
  • Outlines the likely process: possible justice assignments, how it might be briefed, and timing with the Supreme Court’s new term beginning in three weeks.

Notable Quotes & Memorable Moments

• On the majority’s limited confidence:

  • “Judicial humility is particularly appropriate here… a decision must be made, of course, for acceptance or rejection by the Supreme Court.” (Majority opinion, read by Popok, 09:30)

• On dangers of executive overreach:

  • “Presidents can do crazy things like suspend the Constitution, declare martial law under a false pretense, a false pretext. And what Oldham is saying is that judges shouldn't be able to push back… That's a dangerous world, especially one that's occupied by a President Trump.” (Popok, 13:23–13:47)

• On the historic nature of the Alien Enemies Act:

  • “Trump is the first modern president to try to use it.” (Popok, 03:16)

• On the saga's future:

  • “This is gonna go up to the United States Supreme Court. Obviously, it's the only case about the Alien Enemies act that will get to them on the substance…” (Popok, 14:27)

Key Timestamps

• [01:29] — Context of Trump’s attempted use of Alien Enemies Act, boat incident in Caribbean.
• [02:00–04:00] — Overview of the Fifth Circuit’s split decision.
• [06:27] — Explanation of due process and habeas corpus in immigrant removals.
• [09:30] — Court admits legal ambiguity, directly requests Supreme Court review.
• [11:58] — Judge Oldham’s 80-page dissent and his Supreme Court ambitions.
• [12:22] — Dangers of unchecked presidential power in Oldham’s view.
• [14:27] — Forecast of Supreme Court involvement and timeline.

Tone and Language

Michael Popok maintains his trademark blend of clear legal analysis and sharp, occasionally irreverent political commentary—balancing detailed procedural explanation with pointed warnings about the authoritarian potential of unchecked executive power.

Conclusion

The episode delivers a timely legal autopsy of Trump’s failed attempt to use the Alien Enemies Act as a blunt immigration enforcement tool, details how the Fifth Circuit split along ideological and procedural lines, and convincingly frames the case as a test for Supreme Court oversight over presidential war powers. Popok emphasizes the acute historical and constitutional stakes, leaving listeners primed for a consequential Supreme Court showdown.