Federal Judge Stands Up to Trump and Refuses Dismissal

Summary

Legal AF by MeidasTouch – Episode Summary

Episode Title: Federal Judge Stands Up to Trump and Refuses Dismissal
Release Date: February 21, 2025
Hosts: Ben Meiselas, Michael Popok, Karen Friedman Agnifilo
Executive Producer: Meidas Media Network

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Introduction

In this compelling episode of Legal AF, host Michael Popak delves into the high-stakes legal battle involving New York City Mayor Eric Adams and the Department of Justice (DOJ). The discussion centers around Judge Dale Ho's decision to resist pressure from former President Donald Trump and the DOJ to dismiss charges against Adams. Popak provides an in-depth analysis of the legal maneuvers, the implications for the judiciary, and the broader political ramifications.

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Key Events and Developments

DOJ's Attempted Dismissal of Eric Adams' Case ([02:15])

Michael Popak begins by outlining the DOJ's controversial attempt to dismiss the case against Mayor Eric Adams. The DOJ allegedly sought a quid pro quo arrangement, where Adams would collaborate on immigration issues in exchange for a partial dismissal of his indictment. Popak criticizes this maneuver as an "unholy alliance" aimed at coercing an elected official.

Judge Dale Ho's Stance and Appointment of Paul Clement ([02:15] - [06:58])

Judge Dale Ho, demonstrating judicial independence, refused to dismiss Adams' case. Instead, he appointed former Solicitor General Paul Clement to represent the opposing side. Popak questions the impartiality of this appointment, noting Clement's strong conservative background:

"He is an arch right wing conservative. I wouldn't call him MAGA, but he is federalist to the core." ([05:30])

Popak highlights the irony of a Democratic-appointed judge selecting a staunch conservative to argue against the DOJ's position, raising concerns about political bias within the judiciary.

Resignation of Danielle Sassoon ([04:45] - [05:00])

Danielle Sassoon, the Acting Interim U.S. Attorney for Manhattan, resigned in protest of the DOJ's unethical tactics. Sassoon's resignation underscores the internal disagreement within the DOJ regarding the handling of Adams' case:

"She had moral conviction. Then they got a lawyer in the office to try to save the reputations and the careers of other assistant U.S. attorneys." ([04:15])

Popak emphasizes Sassoon's integrity and her stance against the DOJ's questionable strategies.

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Analysis and Critique

Bias and Impartiality in Judicial Appointments ([06:00] - [09:03])

Popak critically examines Judge Ho's decision to appoint Paul Clement, suggesting it undermines the judiciary's impartiality:

"This is like you got two. Who's the other side? It's like same side." ([08:00])

He argues that Clement's conservative stance aligns closely with the DOJ's, effectively negating any genuine opposition and casting doubt on the fairness of the proceedings.

Broader Implications for the Department of Justice ([07:30])

The discussion extends to the integrity of the DOJ under the leadership influenced by Donald Trump:

"The Department of Justice is corrupt, led by Pam Bondi. No, forget that. Led by Donald Trump." ([07:45])

Popak contends that the DOJ's actions reflect a broader issue of politicization, which erodes public trust in the legal system.

Comparison with Other High-Profile Cases ([08:30])

Drawing parallels with other cases, Popak illustrates a pattern of DOJ overreach and political interference:

"This points to not what happens to the rise and fall of Mayor Adams ... This has to do with the existential threat to the Department of Justice." ([08:15])

He warns that such practices threaten the foundational principles of justice and democracy.

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Implications and Future Outlook

Impact on Judicial Independence ([07:00])

Popak emphasizes the potential long-term effects on the judiciary’s independence:

"Don't let this dirty deal ... continue to undermine our and the public's respect for the judiciary and for our criminal justice system." ([08:45])

He calls for stronger measures to ensure judges are free from political pressures.

Call to Action for Democratic Integrity ([09:00])

Concluding his analysis, Popak urges the appointment of a truly impartial special counsel to prosecute Adams' case, advocating for adherence to ethical standards over political convenience:

"Go further and appoint a special counsel to prosecute the case against Eric Adams." ([08:50])

He underscores the necessity for the DOJ to restore its credibility by prioritizing justice over partisan interests.

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Conclusion

In this episode of Legal AF, Michael Popak delivers a thorough and incisive examination of the DOJ's attempt to dismiss charges against Mayor Eric Adams and Judge Ho's pivotal role in resisting political pressure. Through detailed analysis and pointed critiques, Popak highlights the urgent need for judicial impartiality and the preservation of integrity within the Department of Justice. This discussion not only sheds light on the specific case of Eric Adams but also raises critical questions about the broader state of the American legal and political landscape.

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Notable Quotes:

• "He is an arch right wing conservative. I wouldn't call him MAGA, but he is federalist to the core." – Michael Popak ([05:30])
• "She had moral conviction. Then they got a lawyer in the office to try to save the reputations and the careers of other assistant U.S. attorneys." – Michael Popak ([04:15])
• "This is like you got two. Who's the other side? It's like same side." – Michael Popak ([08:00])
• "Don't let this dirty deal ... continue to undermine our and the public's respect for the judiciary and for our criminal justice system." – Michael Popak ([08:45])
• "Go further and appoint a special counsel to prosecute the case against Eric Adams." – Michael Popak ([08:50])

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For listeners seeking a deep dive into the intersection of law and politics, Legal AF continues to provide insightful and hard-hitting analysis. Subscribe to the official Legal AF YouTube channel and join the conversation as the network explores the most pressing legal developments of our time.

Transcript

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[Michael Popak]

And restrictions may apply not so fast for the corrupt Department of Justice to have their case against Eric Adams, the mayor of New York, dismissed in a quid pro quo where Donald Trump is squeezing E. Adams to get him to play ball and immigration in return for a partial dismissal. Dismissal of his indictment. Judge Ho wants another side to the story, doesn't want to just hear from Emil Beauvais, Donald Trump's former criminal lawyer and now number two or number three in the Department of Justice. So he's appointed a former Solicitor General of the United States, Paul Clement. Yes, that Paul Clement, the one that's an arch conservative, has now been appointed by a Democratic judge appointed by Biden in order to argue the other side. Why do Democrats and Democratic judges have to appoint arch right wing conservative special counsels and other things when they want to show that they're being fair and impartial? When are we going to start playing by the rules? I'm Michael Popak. You're on Midas Touch and Legal af. Let's jump to it. We had a hearing a couple of days ago in which a lot of fair minded people, former prosecutors and the like, urged Dale Ho, the judge in New York, not to dismiss the case against Eric Adams based on a nine page letter that the Acting Interim U.S. attorney for Manhattan, Danielle Sassoon wrote in which he said it is an unethical, borderline, a crime to dismiss this case, to try to force an elected official to do your bidding in return for the dismissal of his indictment. That that unholy alliance, that quid pro quo is the reason that she resigned. Even though she's right wing Federalist Society person and a shining star for the Republicans. She has moral conviction. Then they got a lawyer in the office, a older lawyer in the office to try to save the reputations and the careers of other assistant U.S. attorneys. Ed Sullivan, he signed the motion, but it wasn't argued by Ed Sullivan. Emil Beauvais from Washington showed up in Dale Ho's courtroom a couple of days ago to dismissal of the indictment or the Noel Prost, we call it, of the indictment. Except he was the only one there and nobody was arguing the other side. Right. So you had this unholy group of Alex Spiro, who represents Mayor Adams, who's friends with Emile Beauvais, who's also the lawyer for Elon Musk in court, standing shoulder to shoulder with the government to argue that it needed to be dismissed for public service because they're not going to get Eric Adams focused on immigration if he's got the indictment hanging over his head. Right. The guy should go to jail. I mean, Michelle Sassoon put in her letter of resignation very noisily, not only does she not agree with the dismissal of the indictment, she had already asked the Department of Justice under Donald Trump to re indict, supersedingly indict Eric Adams for lying to the FBI and corrupting evidence. So she resigned. So now what? Bunch of former prosecutors step forward, you know, including Mark Pomerantz and Carrie Dunn. They were in the Manhattan DA's office when they noisily resigned because Alvin Bragg would go after Donald Trump. The same group got together and told Judge O, you got to appoint somebody to argue the other side. I went further in my hot takes. I said the judge has inherent authority under a case called Young vs. Louis Vuitton back in the, in the, in the 1990s to appoint a special prosecutor to continue to prosecute the case. But first he's going to hear from the other side. Now here's the bad part of the hot take. He picks Paul Clement. Now, Paul Clement was appointed by George Bush to be the Solicitor General of the United States and served in that role as the Solicitor General of the United States from 20044 to 2008. He was also the Acting Attorney General of the United States at one point, which sounds good on paper. He has his own firm now. He left the prior firm, Kirkland and Ellis because they didn't want him to continue to take pro second amendment against gun regulation cases any longer. So he left and he formed his own firm. He is an arch right wing conservative. I wouldn't call him maga, but he is federalist to the core. He's been on the wrong or hum side of every issue he's ever argued. When he was the Solicitor General, he was against gun control and controlling the second Amendment. He was against same sex marriages. He was against the Obamacare, Affordable Care Act. He defended George Bush's use of terrorism, waterboarding and the like. That Paul Clement.

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This reminds me of Merrick Garland, the Biden Attorney General bent over backwards when he needed to appoint a special prosecutor against Joe Biden about the handling of classified documents and he picked Robert Her, a right wing Federalist conservative. Why just pick somebody who's unassailable but is on, is playing on the right, on the right team? Okay, I am tired. I've said this before, okay? We have to go to the lengths and depths of our opponents. I'm not saying doing anything unethical, but there are plenty of Democrats who served as Solicitor Generals if that's what you wanted to check the box. You know, it looks like Dale Ho, who had worked for the aclu, who had worked for the naacp, is bending over backwards to be so deferential and independent that he's actually undermining his own position. Let me predict it now. Paul Clement, Arch Conservative, MAGA Defender, is not going to find that it's inappropriate to dismiss the indictment against Eric Adams. I'll come back here and I'll tell you I was shocked if it happens and then what? I get that he needs an advocate on the other side, but this is not the one that anybody wanted. Judge Ho, pick the right special counsel to advise you and go further. This is my urging component of the hot take. Go further and appoint a special counsel to prosecute the case against Eric Adams. Did you read the nine page letter from Diane Sassoon on the way out? And all the reasons and all the evidence against Eric Adams. Don't let this, don't let this, this dirty deal that stinks to high heaven, you know, continue to undermine our and the public's respect for the judiciary and for our criminal justice system. You have a shot here. I don't want to say he blew it because I don't want to be that harsh on him. But let me just put it this way. Paul Clement would not be the guy that I would pick to do the other side of the argument. It's like, it's like you got two. Who's the other side? It's like same side. So now I got Alex Spiro, the lawyer, Emil Beauvais for the corrupt Department of Justice and Paul Clement, who's, who's the darling of the conservative and right wing alt right movement, all arguing what, different positions? No, the same positions. You know, what this points to is not what happens to the rise and fall of Mayor Adams in New York, which most people in America don't care about. This has to do to the existential threat to the Department of Justice and what it appears to stand for in front of the American people. Which is very little. Yeah, which is very little. The Department of Justice is corrupt, led by Pam Bondi. No, forget that. Led by Donald Trump. That's who's leading all of his agencies in his unified unitary presidential model. Yeah. How do we like that? Polling says we hate it. Well, under 50% of America likes what Donald Trump is doing. It's like 43, 44%. His approval ratings in the trash. You know, it's not wildly popular. He's wildly unpopular already. And get, and this is supposed to be the honeymoon period. Judge Ho, I understand why and I'm glad you exercised under the, the rules and your inherent authority. I know. I, I'm glad you exercised and you put somebody in there to advocate. But why Paul Clement? You know, not the right person for the moment, but I'm going to continue to follow it right here on Legal AF and on the Midas Touch Network. We got the show, the podcast, five years in the making, Legal af, if you didn't know why we called it that, now you do. It's every Wednesday and Saturday at 8pm Eastern Time and then on audio podcast platforms of your choice. Come on over to Legal AF, the YouTube channel. Hit the free subscribe button there. We're trying to get to half a million in the next two weeks. We can do it with your help. I really believe that. And that'll be our six month birthday. We found it in September. But standing on the shoulders of all the work we've done here together on Legal AF and Midas Touch. So until my next reporting, I'm 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 LegalAFMTN. That's @legal AFMTN.