Legal AF Full Episode – August 30, 2025

Podcast: Legal AF by MeidasTouch
Hosts: Ben Meiselas, Michael Popok, Karen Friedman Agnifilo (absent this episode)
Date: August 31, 2025

Overview

This episode dissects a slew of urgent legal and political developments from the Trump administration’s second term. Hosts Ben Meiselas and Michael Popok analyze key federal court decisions, the ongoing purges in federal agencies, the intricate battle over Donald Trump’s tariff policies, due process violations in immigration enforcement, and efforts to undermine the Federal Reserve’s independence. The tone is candid, often incredulous, with both hosts emphasizing threats to American institutions.

Episode Highlights & Key Discussion Points

1. Federal Circuit Court of Appeals Strikes Down Trump Tariffs

[02:04–04:18, 14:48–28:18]

• Summary:
  The Federal Circuit Court of Appeals delivered a major blow to Donald Trump’s trade war, declaring two of his sweeping tariff regimes—reciprocal and trafficking tariffs—unlawful and outside the authority granted by Congress.

• Background:
  Trump relied on emergency powers (IEEPA statute) intended for limited scenarios, not for broad, sustained economic warfare. Two major lawsuits (by states/small businesses) challenged the tariffs, winning at the Court of International Trade and now, on appeal.

• Court’s Ruling:
  7–4 en banc decision; diverse panel (not ideologically monolithic); applied the “Major Questions Doctrine,” holding that Congress did not delegate tariff authority to the president via IEEPA.

  “You look, you start with the U.S. constitution. Is there anywhere in there that gives the President the right to tariff? The answer is no. Where is that right reposited? In Article 1, Congress.”
  —Michael Popok [23:13]

• Implications & Next Steps:

  • Money is still being collected pending Supreme Court review; the Trump regime is planning an SCOTUS appeal.
  • The case is sent back to the Court of International Trade to assess scope of nationwide injunction given recent SCOTUS precedents.
  • Likely SCOTUS hearing in October, with a decision before Thanksgiving.

  “Let’s face it. The Supreme Court has already made up its mind how it’s going to rule. The question is, can we get into their minds where they frequently make the wrong decision on an issue like this?”
  —Ben Meiselas [26:22]

2. Trump’s Cabinet Purge and Chaos in Federal Agencies

[04:18–13:03]

• The Great Purge:
  The administration is seeing rapid-fire firings and forced resignations across critical agencies, even of Trump’s own appointees. The result is widespread institutional dysfunction and unprecedented instability:

  • Head of CDC: lasted 3 weeks.
  • Head of IRS: 2 months.
  • Number two at Treasury: gone after 6 months.
  • 7 IRS commissioners in 7 months.
  • Top generals and intelligence officials purged.
  • Loyalists rewarded, perceived moderates/critics removed.

  “[He] said coming in that he would have a much more stable administration… all we’ve been watching… is a completely erratic reflection of Donald Trump’s own inconsistencies… cabinet positions and federal officers… hollowed out… these people don’t exist and they’re not being replaced.”
  —Michael Popok [07:41]

• Paranoia and Loyalty:
  Survivors (e.g., Pam Bondi, Tulsi Gabbard) maintain positions by “cannibalizing” others and by fierce, performative loyalty to Trump.

• Undermining Expertise:
  Highly unqualified individuals now fill key posts, e.g., private equity investor Peter Thiel at the CDC; Fox News personalities at Defense and Homeland Security.

  “You could literally replace Donald Trump with my two dogs… and let former President Biden’s economy just go into autopilot and we’d all be thriving, I think at this point.”
  —Ben Meiselas [09:02]

3. Undermining Rule of Law: Immigration and Due Process

[37:31–56:17]

a) The Abrego Garcia Case

[37:31–53:10]

• Background:
  Abrego Garcia, a long-term resident, was illegally deported to El Salvador without due process, then used in anti-immigrant propaganda. When federal courts ordered his return, the Trump administration re-arrested him on dubious charges.

  “Where you start to infringe on the due process rights of any individual, you start to infringe on the due process rights of all.”
  —Ben Meiselas [39:37]

• Latest Developments:

  • Federal judges (notably Judge Zinnis and Judge Gia Cobb) repeatedly ruled in his favor.
  • Defense (led by Sean Hecker) seeks dismissal over “prosecutorial misconduct” and a gag order to halt the administration’s inflammatory public statements.

  “All of this prosecutorial misconduct… trying to force him… to give up his rights to defend himself… the threat, the extortion, the punishment, the unrelenting campaign against him in the court of public opinion…”
  —Michael Popok [41:00]

• Potential Outcomes:

  • Motion to dismiss indictment, grant of asylum, or transfer to Costa Rica.
  • Judges have been universally critical of government overreach in this case.

b) Judge Gia Cobb’s Landmark Due Process Rulings

[61:07–61:47, 41:00–56:17]

• Context:
  Trump’s expedited removals of migrants far inside the U.S., often without giving them any hearing or opportunity to contest claims about their status.
• Federal Court Ruling:
  Judge Gia Cobb ruled the administration cannot remove longtime residents without due process, drawing a firm line at 100 miles from the border. Further from the border = more due process owed.
• Broader Implications:
  Federal courts are pushing back against efforts to turn immigration enforcement into a “lawless world of Trump’s creation” [61:47].

4. Assault on the Independence of the Federal Reserve: Lisa Cook’s Lawsuit

[60:24–73:16]

• Background:
  Trump regime fired Federal Reserve Board Governor Lisa Cook for alleged “mortgage fraud,” a move widely seen as pretext for capturing the Fed. The case is again before Judge Gia Cobb.

• Key Legal Issues:

  • Supreme Court precedent (Wilcox): Federal Reserve governors can only be fired “for cause.”
  • Trump’s pretext: checked “wrong box” on mortgage forms = cause for removal? Widely disputed.

  “Due process means there needs to be a tribunal, a process, a claim of wrongdoing, a defense to that, and somebody to sort that out… usually in a black robe…”
  —Michael Popok [67:00]

• Judge’s Skepticism:
  Judge Cobb challenged government lawyers: “There was a mean tweet… She didn’t respond… That’s her due process?” [65:00]. She appears likely to keep Cook in her post pending a true hearing.

• Broader Stakes:
  Undermining the Fed’s independence threatens economic stability and further signals Trump’s willingness to politicize all levers of power.

Notable Quotes & Memorable Moments

• “You could literally replace Donald Trump with my two dogs… and let former President Biden’s economy just go into autopilot and we’d all be thriving.”
  —Ben Meiselas [09:02]

• “Survivors… are being forced to eat human flesh. They are cannibalizing and going after the enemies of Donald Trump both internally… Talk about Hunger Games.”
  —Michael Popok [08:13]

• “Where you start to infringe on the due process rights of any individual, you start to infringe on the due process rights of all… that’s not a hypothetical. That’s what they’re doing.”
  —Ben Meiselas [39:37]

• “Due process means there needs to be a tribunal, a process, a claim of wrongdoing, a defense to that, and somebody to sort that out.”
  —Michael Popok [67:00]

• On judicial resistance:
  “Judge Gia Cobb… is the immovable force that is stopping the Trump administration from violating the Fifth Amendment due process rights of people with a very good track record there. Go get her action figure.”
  —Michael Popok [41:00]

• “This would be a completely different show… if Trump had lost… But because we have a serial sex abuser, adjudged defamer, felon at the top… what we’re watching is a complete disrespect for the rule of law and due process in America.”
  —Michael Popok [75:31]

Timestamps for Key Segments

• Intro & Tariff Ruling Headlines: [02:04–04:18]
• Court Analysis & Legal Reasoning on Tariffs: [14:48–28:18]
• Cabinet Purge/Institutional Erosion: [04:18–13:03]
• Trump’s Misuse of IRS, Police State Moves: [13:03–14:48]
• SCOTUS Outlook & Major Questions Doctrine Debate: [26:22–28:18, 32:13–35:26]
• Immigration, Abrego Garcia Case: [37:31–56:17]
• Federal Reserve/Independence & Lisa Cook’s Case: [60:24–73:16]
• Closing Thoughts, Importance of Due Process: [75:31–end]

Tone & Final Message

The hosts are passionate, sometimes outraged, and unabashedly critical of Trump’s approach to the rule of law. The episode stresses the fragility of American constitutional institutions and the importance of vigilant judicial oversight, legal resistance, and public engagement in protecting due process.

For More

• Subscribe to Legal AF on Substack and YouTube for deeper dives and future episodes.
• If you’re facing injustice, Michael Popok’s firm welcomes inquiries (see details in show notes).
• “Keep fighting, folks… we grow stronger each and every day as [Trump] makes his fascist moves. We counter, we grow, we thrive.” —Ben Meiselas [76:35]

This summary captures the essential discussions, arguments, and tone for listeners who may have missed a critical episode examining law, politics, and institutional resistance in turbulent times.