Legal AF (MeidasTouch): "Trump DOJ Admits Defeat in Devastating Filing"

Released: December 9, 2025
Host: Michael Popok (MeidasTouch Network)

Episode Overview

This episode takes a deep dive into a major legal filing from the Trump-era Department of Justice (DOJ) regarding the ongoing investigations into former FBI Director James Comey. Host Michael Popok analyzes the DOJ’s attempt to dissolve a restraining order on evidence, exposes legal contradictions, and critiques the DOJ’s admissions and arguments. The discussion focuses on issues of prosecutorial conduct, constitutional rights violations, and what these legal maneuvers reveal about potential future indictments.

Major Discussion Points & Insights

1. The DOJ’s Motion Against the Restraining Order

• [02:31] Michael Popok introduces the DOJ's "odd new filing" in the case involving ex-FBI Director James Comey and his attorney, Daniel Richmond.
• The DOJ is seeking to dissolve an order by Judge Kollar-Kotelly stopping them from using certain documents to potentially re-indict Comey.
• The DOJ argues that civil plaintiffs, like Richmond, cannot “interfere” with criminal prosecutions by reclaiming their property under the Fourth Amendment.

Hypocrisy in Legal Strategy

• Popok points out the contradiction: Lawyers who now represent the DOJ previously took the opposite position when defending Trump (e.g., Todd Blanche intervening in Trump’s Mar-a-Lago case as a civil matter).
  • Quote:
    • “To hear Todd Blanche, now wearing the hat of the head of the Department of Justice, say out loud, ‘Oh, you can't let a civil litigant interfere with criminal prosecution. How dare you.’” — Michael Popok ([04:19])

2. Controversy Over DOJ Appointments

• [04:20] The DOJ filing is signed by both Deputy AG Todd Blanche and Lindsey Halligan, who is listed as U.S. Attorney for the Eastern District of Virginia.
• Popok explains that Judge Curry previously ruled Halligan is illegally appointed and cannot act as U.S. Attorney, yet her name remains on filings.
  • Quote:
    • “Nobody believes that she's the U.S. Attorney for the Eastern District of Virginia. I'm not even sure Lindsey Halligan does.” — Michael Popok ([05:54])
• Suggestion that Judge Curry could issue a contempt order for violating court directions on legal appointments.

3. Statute of Limitations and the Indictment’s Validity

• [05:54] Discussion shifts to whether the indictment against Comey can be redone (“re-indicted”) after being declared void.
• Judge Curry’s ruling: Indictment was void “ab initio” (from the outset) due to Halligan’s illegal appointment.
  • This wards off attempts to use 18 USC §3288 (which extends the statute of limitations for “defective indictments”) because the defect was in who prosecuted, not the indictment’s wording.
• DOJ admits they “have no other crimes to charge James Comey with” except the perjury charge, centered on testimony from September 2020.

Fourth Amendment Violations

• Richmond’s property (including his attorney-client materials) was seized and used in investigating Comey, potentially infringing constitutional rights.
  • Quote:
    • “That's called a warrantless search, folks. That's in violation of the Fourth Amendment of the Constitution.” — Michael Popok ([08:22])

4. DOJ’s Legal Arguments & Flawed Logic

• DOJ asserts that dismissal of the Comey indictment (due to Halligan’s appointment) should allow re-indictment under §3288.
  • Quote:
    • “See, we had a defect. It was an appointment defect. We're going to fix it. They haven't fixed it.” — Michael Popok ([09:18])
• Popok explains why this statute applies only to errors within an indictment, not the legal standing of those issuing it.
• DOJ implicitly concedes that the window for charging Comey with other crimes has closed.

5. Violation of Attorney-Client Privilege

• [11:20] Magistrate Judge Fitzpatrick ruled that the FBI mishandled Richmond’s privileged materials.
• No proper “taint team” segregated attorney-client information prior to the evidence being used.
• The discovery was supposedly for the Clinton email investigation, then later used against Comey, violating legal norms.
  • Quote:
    • “…the FBI agent who testified to the grand jury against Comey already saw [privileged evidence]. Fruit of the poisonous tree — they’ve already seen it.” — Michael Popok

Notable Quotes & Memorable Moments

• Hypocrisy Highlight:
  “How dare you. Now, let’s move on to their other admission...”
  — Michael Popok, satirizing the DOJ’s argument against civil plaintiffs interfering with prosecutions, after previously doing exactly that for Trump. ([04:19])

• On Lindsey Halligan’s Appointment:
  “Lindsey Halligan apparently keeps showing up to work. But that... if I’m Judge Curry, I do an order to show cause…”
  — Michael Popok ([04:20])

• Fourth Amendment Frustration:
  “That’s called a warrantless search, folks. That’s in violation of the Fourth Amendment of the Constitution.”
  — Michael Popok ([08:22])

Key Timestamps

• [02:31] — Summary of DOJ’s odd filing and hypocrisy in legal strategy
• [04:20] — Details about the Halligan appointment controversy
• [05:54] — Discussion of Hunt for new charges, validity of re-indictment, and voided indictment
• [08:22] — Explanation of unconstitutional search
• [09:18] — Analysis of DOJ’s mistake in invoking §3288
• [11:20] — Attorney-client privilege breach and fallout

What Happens Next?

• Richmond’s legal team will respond to the DOJ’s latest positions.
• Judge Kollar-Kotelly will rule whether the government must return Richmond’s files and be prohibited from using them in any future prosecution.
• Possible contempt proceedings over repeated appointments violations.
• Ongoing coverage promised: “We’ll cover it right here on Midas Touch and on Legal AF until my next report.” (Michael Popok, [12:39])

For those who missed this episode:
Michael Popok’s solo briefing delivers sharp legal analysis in a brisk, engaging style. He exposes DOJ flip-flops, explains the procedural chessboard, and makes the significance and stakes clear for both legal professionals and the general public.

Summary by Legal AF Podcast Summarizer — Episode: "Trump DOJ Admits Defeat in Devastating Filing" (December 9, 2025).