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- [00:00]
Michael Popak
Donald Trump knows he's losing his negotiation leverage with these hundreds of countries that he imposed these high tariffs on. So he's had to fold and cut any deal he can. And now instead of cutting 90 deals in 90 days the way he told us he would, or even one deal in 150 days, now he's got to run to the appellate court and ask them to bail him out because he's compromised in his negotiations with these other countries. I wonder why. I'm Michael Popoff. You're here on the Midas Touch Network and on Legal af. We got a new ruling by a little covered appellate court. It's the United States Court of Appeals for the Federal, Federal District. And that includes appeals that come in in particular from the Federal Circuit. Sorry. And that includes appeals that come in from specialty courts like the United States Court of International Trade. And that's where the tariff and that's where the tariff war went. And you remember about a week or so ago, the, that court, three, zero, including a Trump appointee and Obama appointee and, and others, all ruled against Donald Trump and found that he had violated the delegation clause of the, of the Constitution. Because Congress has the power to tax and spend and tariff and put all sorts of things like that, not the president. They can give him some of that power by way of a statute, but it can't be an unlimited delegation of authority. And so that court, that specialty court three, zero, hearing the case on summary judgment because they're a trial court level, they ruled against Donald Trump and they blocked his tariffs against Mexico, Canada and China. That was brought on behalf of a group of small business people who are getting crushed by the tariffs and what it was doing to logistics and the expenses for them to import or export their products. Now, you fast forward. Donald Trump doesn't like that. He files a appeal in the United States Court of Appeals for the Federal Circuit. There we go. And in that case, he asked the court to stay the order of the lower court, the international, the Court of International Trade, so that the tariffs can go on, the tariff negotiations can go on. Because he's saying that he's getting undermined because he can't use the tariffs as a threat because he's lost his leverage. So please give me back our leverage.
- [02:31]
Unnamed Co-Host
Now.
- [02:31]
Michael Popak
That's not a part of the analysis. That's not the doctrine. When you look at a stay, if you're an appellate court, well, will the other side lose some bargaining position in their business world or in their negotiations? Like that's not a factor. And yet this court has issued a stay 10, 0, effectively because they did it by way of an en banc decision, meaning all active judges for that appellate court got together electronically and they looked at the papers that were filed and they decided to grant the Trump administration a stay for now. But. But puts it on an expedited briefing schedule because they are going to hear oral argument on the 31st of July at 10am and we'll be able to put that up on Legal AF as a live feed as well. So we've got this new ruling. Here's what it says. I'll read it to you. Having considered the traditional stay factors, this is a per curiam decision, meaning it's the decision of all. Having considered the stay elements and a case called Trump vs Wilcox just from 2025, just from this year, that the purpose of interim equitable relief is not conclusively determine the rights of the parties, but to balance the equities and as the litigation moves forward. But they're putting everything. When you look at the factors that have to be present, this just doesn't meet those factors in terms of, other than the Trump administration pleading not to have their economic policy destroyed or their negotiation posture destroyed. But that's not an element in court for getting a stay. So I don't really understand it. I guess they thought they would, they'd somehow protect their credibility by setting a fast briefing schedule and they're going to do this entire thing en banc, meaning they've already decided it's so important that they want all 10 or 11 judges of this Federal Circuit appellate court to hear this matter, which they will, unless they're, unless they're going to disqualify themselves. You know, sometimes the news is so.
- [04:42]
Unnamed Co-Host
Wild these days, it makes me just want to crawl under a blanket with my cat.
- [04:46]
Michael Popak
Honestly, there are so many similarities between.
- [04:48]
Unnamed Co-Host
Chanel and the news cycle.
- [04:50]
Michael Popak
Unpredictable, a little chaotic, but somehow comforting. Now, while I can't fix all the craziness in the world, there's one thing I can absolutely control.
- [04:59]
Unnamed Co-Host
I feed Chanel, and that's thanks to our sponsor, Smalls. This podcast is sponsored by Smalls. If you listen to this show, you already know my cat cannot live without smalls. To get 60% off your first order plus free shipping, head to smalls.com and use our promo code, LEGAL AF, but only for a limited time. Smalls cat food is packed with protein and made from preservative free ingredients you'd actually find in your fridge. Plus it's delivered right to your door. No wonder cats.com named Smalls their best overall cat food. Last night I fed Chanel her favorite flavor, the tuna feast, and she was all in. She actually prefers Smalls way more than her old food. I did a taste test with two bowls side by side and no joke.
- [05:41]
Michael Popak
She immediately went for Smalls. Since switching, she's had fewer hair balls.
- [05:45]
Unnamed Co-Host
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- [06:20]
Michael Popak
At Smalls.com there was one that opted out of this decision right up front. Judge Newman did not participate in the deliberation. We don't quite know why there. But if he's available and not disqualified or not recused, he will participate and then the court will hear that oral argument to that en banc panel. And they want within the next day for the Trump administration and the lawyers for the small businesses to get together and and map out a briefing schedule that prepares the court properly for oral argument on the 31st. And if they can't agree on a schedule, then the court ruled. Just send in your competing and tell us where you have agreement and give us your alternate proposals and we'll take it from there. In a matter like this, on this particular issue, given how clear cut the date is out in front of us with the oral argument, I'm sure the lawyers will be able to work it out. It would be embarrassing if they had to run back to the clerk's office to ask them to figure out two orders about. You know, there's not that many days between now and July 31st. But that's the takeaway. Donald Trump now has the leverage that he wanted. I think the court here, which he won't give credit to. It's always the leftist activist Marxist courts. But here you have a court that ruled in Donald Trump's favor, gave him more time, kept the the tariffs in place while he's doing these delicate negotiations again. 90, 90 deals in 90 days was the promise zero deals. Maybe Mexico not yet finally announced. Maybe China not yet finally announced in over 150 days. So we'll continue to follow it right here on the Midas Touch network and on Legal af. So many ways to follow what we do here on Midas Touch. Free. Subscribe here Legal AFMTN, the YouTube channel for Legal AF. We have a dozen different contributors. I curate the channel. We're up every hour at the Intersection of Law and Politics. We we got podcasts over there. We've got It's Complicated with Asha and Renato. We've got Unprecedented with Dina Dahl and me about the United States Supreme Court. All sorts of amazing things at that law and politics corner. And then I got a brand new podcast. It's called the intersection with Popockets Tuesday nights, 8pm on Midas Touch YouTube channel. And then we need some audio downloads. We're just getting started folks, so we need some reviews. Really would appreciate that as we continue to build our pro democracy programming. Until my next report, I am Michael Popak.
- [08:55]
Unnamed Contributor
Can't get your fill of Legal af.
- [08:56]
Michael Popak
Me neither. That's why we formed the Legal AF substack.
- [09:00]
Unnamed Contributor
Every time we mention something in a.
- [09:01]
Michael Popak
Hot take, whether it's a court filing or a oral argument, come over to the substack.
- [09:06]
Unnamed Contributor
You'll find the court filing and the oral argument there, including a daily roundup that I do called Wait for it Morning af. What else? All the other contributors from Legal AOFF.
- [09:16]
Unnamed Co-Host
Are there as well.
- [09:17]
Michael Popak
We got some new reporting, we got.
- [09:18]
Unnamed Contributor
Interviews, we got AD free versions of the podcast and hot takes where Legal.
- [09:25]
Michael Popak
AF on Substack Come over now to free subscribe.