Michael Popak (71:15)
I never thought I've been doing this for 35 years. I've been doing white collar criminal defense for just as long as. And it always sent a chill down my spine when the United States of America would identify themselves as the United States of America. What kept me on my toes anyway, especially as a young lawyer, because they had unlimited resources. I used to tell my clients, we're up against a leviathan of unlimited resources, of mindless. Just, you know, if we've got 20 people on the case, they can put thousands of people on the case. We got to do, you know, we have to outwork them in some way. But there's an asymmetry about this relationship. It's gone. It's gone. I talked to the. Like you do. I talked to the attorneys general around the country. I talked to Democracy Forward. I talked to the people that are in the courtrooms against the Department of Justice. And I said to. I said to Sky Perryman and to Rob Bonta, separately, the attorney general for California. I said, I'm looking at, you know, I do an audit. I'm looking at probably, you know, in any given week, I'm reading about, about, let's say, 30 to 40 court decisions, then decide which ones I'm gonna. I'm gonna talk about. And in those cases, I see the same names over and over again for the line prosecutors, the, The. The people in the courtroom. How many times do I have to say, Brett Schumate? How many for the Department of Justice? How many times do I see. I have to see Drew Ensign or Yakov Roth? I mean, and in there, and not just in one area of expertise, like, this is an immigration case. This is a due process APS corpus case. This is a liberties and civil rights. I mean, they can't. Why? And they said, because when you. When you subtract 6,500 people from an organization and you don't replace them and can't replace them, and don't want to replace them in certain circumstances. This is what you're left with. You're left. You're left with just a dozen people running around at that level of leadership and management, you know, this level of middle management that's running around like the boy at the dike, trying to stick their finger in to all of these places. And what's suffering. Justice is suffering. The next wave of cases that you and I will follow, first wave was how do we oppose the 250 lawless, unconstitutional executive orders and the other orders and policies they spawned? Right. Okay, that's wave one. If we're. We're dividing, like you gave a good overview of. Of, you know, sort of a decoder ring of how to analyze documents. Let's do this in phases. Phase one was, holy shit, he just signed 250 executive orders. He's basically sidelined Congress and he's decided to take over budgets, take over things that the Constitution prevents him from taking over, like voting, civil liberties, civil rights. And he's trying to call everything an emergency in a war in order to expand his powers. Okay, what do we do about that? That, okay, 700 cases later in federal courts, we're doing pretty well looking back on a year. And we know what to do now for year two. Second, now the third. That's first wave. Second wave is the civil rights and civil liberties cases brought by individuals who have been abused, killed, murdered, tortured, left in dank prisons, detention centers. And now their cases are flooding into the courtrooms. You know, every time you and I talk about Operation Midway Blitz, operation Metro, Surge, whatever, Alligator, Alcatraz, whatever these stupid juvenile trolling names are, there's human beings on the other end of these policies and procedures, and they have rights even if Donald Trump doesn't want to recognize it. And they, by way of, you know, the soldiers of the constitutional foot soldiers of lawyers and public defenders and. And law firms that aren't, are willing to challenge the Trump administration and civil liberties groups, they are running into court. There are. There are hundreds. Thousands. No, thousands. Thousands of habeas corpus petitions filed under this, what we call the Great Writ, to get people in front of a federal judge and out of their detention centers. And this is overwhelming each individual. 93 federal district courts. The way. The only thing I can compare it to is what happened after 1500, 1800 people were prosecuted by the Department of Justice under Biden for Chad 6th. And how it all flooded into primarily one courthouse in the District of Columbia, and how the judges there, with grace, with dignity, with Decorum were struggling under the weight, but got through that. Forget that number. It's triple that number. And some courthouses, they can't even. Minnesota doesn't have that many federal judges to handle the byproduct, the demon spawn of Operation Metro Surge. And so you have this disconnect, which I talked about in the context of Julie Lee, the accidental whistleblower, who I'm giving her credit, but it was an accidental whistleblower where she revealed, as well as other DOJ lawyers in Minnesota in filings and in courtrooms that ICE is not returning their phone call. Here's a new strategy. Don't even respond to your lawyer. It's the lawyer who's the officer of the court with their law license. That's why they're all heading for the exit. And they're being set up by their client, because ICE doesn't give a crap because it's a corrupt organization that, as Senator Blumenthal said, needs to be put into bankruptcy and receivership and restructured and taken over because it's lost its way. They never had a way. And so they're like, no, I'm not going to call Julie Lee back. And she said to the judge, Judge Blackwell, an African American judge, she said a couple of things in her accidental whistleblowing. She said, first of all, I'm Vietnamese American and I'm concerned that my client is committing racial profiling and my own family is at risk. She actually said that out loud in court. You know, now that the transcript is out, that's one. But you don't normally do. You don't normally throw your own client under the bus. But at that point, I think she had nothing to lose. She. And she's. If you think Julie Lee was not qualified to take on that assignment to handle habeas corpus petitions, for which she said she foolishly volunteered. At least she had worked for ICE in immigration court. Right. And so probably least had a passing understanding of writs of habeas corpus and then gets handed 88.0Ben files in January. Here you go, Julie. Thanks for coming. Here's 80 files and you're in court in 10 minutes. I know friends that are public, federal, public defenders, and that's very similar to their first day. So she doesn't know what she's doing. She's passing understanding of that. She's getting no training, which she admitted to Judge Blackwell. And she doesn't have a client that's returning her phone calls. She said to the judge, judge, it's like pulling teeth to get Them to comply or to answer me, let alone comply with your orders. I have to threaten to quit in order for them to do anything. And all the judge really wanted to hear is like, I got five habeas corpus petitions in front of me. Why are they all being violated, the orders that I've issued? Now, we'll put this in the broader context. Last week, you and I reported on Judge Schultz, the chief judge of this same court system, who did a survey of his fellow judges and concluded, and put it in order, that in January alone, up to 100 federal court orders have been violated by ICE alone in January in Minnesota. And he says it stops now. Well, exhibit A is it's not stopping. And Judge Schultz is going to have to do something about it. To put that in context, I've been doing this 35 years. I've done zero violations of federal court orders. And my clients, too. If I. Even if I add your 20 years, Ben, it's still zero. Okay, so to say that an organization committed 100 violations of federal court orders tells you all you need to know. Now we know why. Right? We're peeling back the onion here with Julie Lee and other filings that have said the same thing, which is. We'd love to respond. Judge, we can't get ICE on the phone. And, and we're overwhelmed. And, and, and all of that. Now, to plug these major holes in talent. Right. You said they're bringing in military justice trained lawyers. Jag, the Judge Advocates General Office. Okay. That is an entirely different set of civil code that only applies to people in the military. For people that are thinking back to TV shows like JAG or A Few Good Men, the movie or Play. That's jag, okay, has very little resemblance to anything related to civil. Our Constitution, civil rights, or anything. They don't know writs of habeas corpus because they've never. They don't deal with it in that court. Are they upstanding advocates in a law process? Yes, but it would be the equivalent if we took a lawyer from France or. I'm serious. Or Canada or Mexico, who are also competent and very accomplished in their own legal systems. Or Louisiana, which has a civil code, and shove them into an American federal courthouse under the federal Constitution, Federal Rules of Civil and Criminal Procedure, and said, go for it. I mean, this is like my cousin Vinnie, these people. And I'm not. I'm not in their world. I'm sure they're expert, but it is professional malpractice for them to take the assignment. And it is. It is criminal for the Department of Justice to give them the order to go and do something they're not competent to handle. And, and that's where your law license comes in. And I thought the takeaway, frankly, from the Trump one was that if you follow Donald Trump into the abyss, right into the heart of darkness, and you happen to be a lawyer, you're going to get convicted, you're going to get indicted, you're going to lose your law license. Okay? And no amount of Donald and Donald Trump's not coming back from the dead or politically dead to help you. Okay? I thought that was the lesson that was learned and apparently not. Apparently, I don't know what it is about the seduction of power. It is an average, it is an aphrodisiac and people get all drunk with power and the only person that's going to skate scot free is Donald Trump because of the Supreme Court and the immunity decision. Everybody else directly under him or around him. We're talking to you, Pam Bondi, Todd Blanche, Stephen Miller, Carolyn Levitt, Tulsi Gabbard, Pete Hegseth, Marco Rubio, and the list goes. John RFK Jr. You're all okay in the, in the winter is coming. New Department of Justice is coming, new House and Senate are coming. You're all exposed. And if you're a lawyer below them, you don't. Donald Trump's throwing Tulsi Gabbards and the Pam Bondies under the bus. You don't think he's going to throw some Department of Justice attorney that he doesn't even know their name under the bus. You guys are toast. Get out now while you can. Don't violate your code of conduct, your ethics rules, don't violate the oath that this is you and me now doing what Mark, Senator Mark Kelly and five other congresspeople did. Don't give up the ship. This is the legal law lawyer version. You, you lawyers took an oath to uphold and defend the Constitution. You cannot file, follow illegal unconstitutional orders that subject your law license to getting yanked. And for you to violate the Constitution, you did not swear an allegiance to the person occupying the White House or the Department of Justice. You have an independent obligation, independent obligation and judgment to comply as an officer of the court with the rules of conduct and ethics. And every moment that you stay in the Department of Justice and you allow yourself to be used as a prop is, is a, is one moment you are closer to losing your bar license.