Trump DOJ Gives Up as They Screw Up Bad

Summary

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Legal AF by MeidasTouch

Episode: Trump DOJ Gives Up as They Screw Up Bad
Date: February 25, 2026
Host: Michael Popok (with clips from Senators, Representatives, and Letitia James)

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Episode Overview

This episode of Legal AF, led by Michael Popok, critically analyzes the repeated failures of the Trump-era Department of Justice (DOJ) to secure grand jury indictments against political critics of Donald Trump. Through multiple legal stories, it argues that attempts at political retribution have largely been repelled by the justice system’s existing checks and balances. The episode highlights high-profile cases involving sitting members of Congress, state Attorney Generals, and senior agency officials, showcasing the resilience of the system and the continued importance of independent grand juries.

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Key Discussion Points & Insights

1. DOJ’s Failed Prosecution of “The Seditious Six” (00:00–06:00)

• Context: Six members of Congress (Senators Kelly & Slotkin; Representatives Crow, Goodlander, Houlihan, and d'Aluzio) were targeted for prosecution under 18 U.S.C. §2387—a rare statute criminalizing attempts to undermine the loyalty or discipline of the military.
• Triggering event: The lawmakers published a video reminding military personnel of their duty to uphold the Constitution and refuse unlawful orders.
  • “All they were doing was telling the military the truth. You have your own independent obligation under the Constitution to abide by the Constitution, defend it and not follow illegal orders.” — Michael Popok [02:53]
• Result: A D.C. grand jury refused to indict, marking yet another unsuccessful attempt by the Trump DOJ to pursue political retribution through criminal means.
  • “Grand juries don’t trust you. Grand juries don’t believe you… They can’t seem to do the very basics at the Trump administration. That’s what happens when you hollow out a Department of Justice, remove all of its talent, its ethics, its leadership, make it untrustworthy.” — Michael Popok [02:08]
• Notable procedural shift: Grand juries now sometimes request to announce publicly when they decline to indict—demonstrating their desire for transparency and distrust of prosecutorial overreach.
  • “Grand jurors have figured out that they want to announce that they’re not indicting Donald Trump’s political enemies.” — Michael Popok [01:57]

2. The Video at the Heart of the Case (04:28–05:49)

• Participants: Senators Slotkin & Kelly, and Representatives Crow, Goodlander, Houlihan, and d’Aluzio.
• Key message: Defend the Constitution, refuse illegal orders, uphold core American values.
  • “You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.” — Senator Mark Kelly [05:14]
  • “Don’t give up. Don’t give up the ship.” — Senators Slotkin & Kelly [05:43–05:50]
• Popok’s Reaction: Sees nothing illegal or seditious; this is classic First Amendment political speech.
• Legal update: A parallel attempt by the Department of Defense to censure Kelly (via court-martial, demotion, etc.) was blocked by a federal judge as unconstitutional retaliation for protected speech.

3. Pattern of Political Prosecution Failures (06:00–13:30)

• Letitia James (NY Attorney General): Multiple failed efforts to indict her for supposed mortgage fraud—all rejected by grand juries, with one grand jury even making its non-indictment public.
  • "Not one, not two, but three grand juries have rejected it…One grand jury actually told the judge presiding that they wanted to declare out loud that they were not returning an indictment…” — Michael Popok [09:35]
  • Letitia James speaks to institutional resilience: “The rule of the law is the rule of the law. They all respect the rule of the law. And that’s why we’ve been winning 80% of our cases…It’s unfortunate the president is weaponizing the federal government and particularly DOJ… now it’s up to Democratic attorneys general who are standing up to ensure that we have liberties, we have freedoms, and that our democracy is in place.” — Letitia James [10:35]
• James Comey (Former FBI Director): DOJ rushed an indictment for perjury before Congress. The prosecutor (Lindsey Halligan) was illegally appointed, so the indictment was quashed. The DOJ’s contradictory positions on prosecutor appointments have backfired legally.
  • "If the judge that ruled against the indictment based on Lindsey Halligan being illegally appointed is right, they’ve run out of time to ever get an indictment against James Comey again." — Michael Popok [12:34]
• Jay Powell (Federal Reserve Chair): Under criminal investigation for construction cost overruns—retaliation for independent monetary policy. Stalled due to Senator Thom Tillis’ refusal to confirm Trump’s nominee for Chair unless the prosecution is dropped.
• James Brennan (Former CIA Director): Potential indictment rumors for months, but nothing concrete.

4. The Exception: John Bolton Indicted

• Bolton (Former National Security Adviser): The only high-profile critic cited who was actually indicted—over allegedly mishandling classified information for a book. Popok contrasts this as a legitimate (if debatable) case, unlike the others.

5. Upcoming Rulings and Broader Implications (14:15–End)

• Landmark test ahead: A judge in Tennessee will decide whether DOJ’s prosecution of Kilmer Abrego Garcia, an immigrant advocate deported for political reasons, constitutes unconstitutional vindictive prosecution—a case with potential national significance for prosecutorial abuse and political retaliation.
  • “This will be landmark, bombshell... Keep an eye on it.” — Michael Popok [14:46]
• Reinforcing the Guardrails: The episode ends on an optimistic note about the resilience of legal and institutional checks—grand juries, judges, Democratic attorneys general—against attempted abuses.

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Timestamps for Important Segments

• 00:00-02:10 — Overview of failed prosecutions against Trump critics, introduction of the “Seditious Six” case
• 02:10-03:28 — Legal mechanics: indictment basics, grand jury dynamics, DOJ credibility issues
• 04:28-05:49 — Full reading of the disputed “Don’t Give Up the Ship” video and context
• 07:35-10:25 — Pattern of failed indictments: Letitia James, grand jury resistance narrative
• 10:35-12:16 — Letitia James interview: integrity of rule of law, the politicization of DOJ
• 12:16-13:30 — James Comey’s failed prosecution, DOJ appointment fiasco, and further cases: Jay Powell, Brennan, and Bolton
• 14:15-End — Preview of upcoming Tennessee case; reassertion of systemic checks; closing remarks

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Notable Quotes & Moments

• “Grand juries aren’t allowing you to indict. And in our system…when you want to get an arrest warrant or you want to get a search warrant, you better have at least a criminal complaint…They can’t seem to do the very basics at the Trump administration.” — Michael Popok [02:05]
• “No one has to carry out orders that violate the law or our Constitution.” — Senator Mark Kelly in “Don’t Give Up the Ship” video [05:23]
• “We’ve been winning 80% of our cases…It doesn’t matter whether or not the judge was appointed by Obama or Trump or Bush or Clinton. The rule of law is the rule of law.” — Letitia James [10:35]
• “It’s gotten so bad that Thom Tillis…says he will not approve the appointment of a new member of the Federal Reserve under Donald Trump…unless the prosecution led by Janine Pirro against Jay Powell is dropped.” — Michael Popok [13:12]
• “The only one, apparently, that’s been indicted … was Bolton…if that’s a legitimate prosecution, I’m all for it. But the rest, political attacks and retribution.” — Michael Popok [13:50]
• “This will be landmark, bombshell…Keep an eye on it.” — Michael Popok, regarding the Tennessee vindictive prosecution ruling [14:46]

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Takeaways

• The DOJ’s credibility and basic prosecutorial mechanics are failing under overtly political leadership; grand juries and federal judges have pushed back, refusing to enable political vendettas cloaked as prosecution.
• High-profile attempted prosecutions against public figures like Letitia James, James Comey, and Jay Powell have been rebuffed—often with grand juries eager to make their resistance public.
• The “Don’t Give Up the Ship” video—far from sedition—is emblematic of principles outlined in the Constitution and the military oath.
• Only actions with actual legal merit (John Bolton’s classified notes case) have seen indictments proceed.
• The rule of law, bolstered by independent actors in the system, appears to be holding firm—even under heavy political pressure.

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Final Note

The episode forcefully maintains Legal AF’s signature tone: skeptical, direct, and deeply informed by insider legal process, offering both detailed analysis and a reassuring perspective on the resilience of American institutions. For those following the legal-political saga of the Trump years, this installment is both a comprehensive update and a reminder of the persistent strength of constitutional guardrails.

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Transcript

[Michael Popak]

Hear that sound? That's another prosecution of Donald Trump's political critics being dropped because he just can't get grand juries to agree to indict his political critics exercising their First Amendment rights. Now, you can add to that six members of Congress, including two senators, Senator Kelly and Senator Slotkin, who Donald Trump and his Department of Justice tried to prosecute under a little known statute that we're going to explore here, 18 USC 2387, because they made a video to remind the American military of which they were a part, to don't give up the ship and don't follow illegal, unconstitutional orders. You have a sworn oath not to do that, and it violates the code of Military justice and the Nuremberg principles. And for doing that and exercising their First Amendment rights, Donald Trump tried to prosecute them. But a grand jury about 10 days ago in the District of Columbia, following a long line of grand juries that refused to indict Donald Trump's political enemies, said no. It's getting so bad, grand juries are actually asking to be heard in public when you indict. When the grand juries indict and they vote to indict, well, that true bill of indictment that's returned is announced. When they don't indict, they just kind of go home after lunch. Not so. Grand jurors have figured out that they want to announce that they're not indicting Donald Trump's political enemies. They just did it with Letitia James, the New York Attorney General. And I'm sure that weighed on the mind of Jeanine Pirro, the political ally of Donald Trump and political hack who runs the U.S. attorney's office, the District of Columbia, who can't seem to get a grand jury to indict. This is a bad narrative for a prosecutor's office. Grand juries don't trust you. Grand juries don't believe you. Grand juries aren't allowing you to indict. And in our system of, of criminal justice, a criminal prosecution can start without any indictment or criminal complaint. But when you want to get an arrest warrant or you want to get a search warrant, you better have at least a criminal complaint. That criminal complaint has to be converted into a, an indictment by a grand jury. 20, 25 people and a majority, and they can't seem to do the very basics at the Trump administration. That's what happens when you hollow out a Department of justice, remove all of its talent, its ethics, its leadership, make it untrustworthy. Federal judges don't believe the Department of Justice I never thought I'd have to say that out loud. Magistrate judges don't, jurors don't, defendants don't. And grand jurors now don't. And I guess Jeanine Pirro was like, I'm not going to try this again because a grand jury already rejected me once. It doesn't mean another grand jury under another prosecutor couldn't bring a case. But I don't see that happening. And I'll go through the six other political critics of Donald Trump and where they are in terms of status, meaning nowhere. Donald Trump has not been able to get an indictment against any of these people. The guardrails are holding, the center is holding. We're holding here on Legal AF and Midas Touch. Let's get into the reporting. I'm Michael Popak, by the way. Take a moment, hit the subscribe button for legal A F YouTube channel. No outside investors. We're all people powered now on the on the 10th of February, we we reported that a grand jury in the District of Columbia did not return an indictment against the six members of Congress. They are Senators Kelly and Slotkin, House members Crew, Goodlander, Houlihan and Deluzia. And they were being prosecuted apparently under a statute called 18 United States Code 2387, which I've been doing this 35 years. I had never heard before and how to do some research on. But it basically makes it a crime to undermine or interfere with the loyalty, morale or discipline of the military. All they were doing was telling the military the truth. You have your own independent obligation under the Constitution to abide by the Constitution, defend it and not follow illegal orders. And the milk code of military justice tells you that. In fact, to remind you, here's the 90 second clip that made Donald Trump call these people the seditious six. Play the clip.

[Senator Alyssa Slotkin]

I'm Senator Alyssa Slotkin.

[Senator Mark Kelly]

Senator Mark Kelly.

[Senator Alyssa Slotkin]

Representative Chris d', Aluzio, Congresswoman Maggie Goodlander, Representative Chrissy Houlihan.

[Senator Mark Kelly]

Congressman Jason Crow. I was a captain in the United States Navy, former CIA officer, former Navy, former paratrooper and Army Ranger, former intelligence

[Senator Alyssa Slotkin]

officer, former Air Force.

[Senator Mark Kelly]

We want to speak directly to members of the military and the intelligence community who take risks each day to keep Americans safe.

[Senator Alyssa Slotkin]

We know you are under enormous stress and pressure right now. Americans trust their military, but that trust is at risk.

[Senator Mark Kelly]

This administration is pitting our uniform military and intelligence community professionals against American citizens like us. You all swore an oath to protect

[Letitia James]

and defend this Constitution.

[Senator Mark Kelly]

Right now, the threats to our Constitution aren't just coming from abroad. But from right here at home, our laws are clear. You can refuse illegal orders.

[Senator Alyssa Slotkin]

You can refuse illegal orders.

[Senator Mark Kelly]

You must refuse illegal orders.

[Senator Alyssa Slotkin]

No one has to carry out orders that violate the law or our Constitution.

[Senator Mark Kelly]

We know this is hard and that it's a difficult time to be a public servant.

[Senator Alyssa Slotkin]

But whether you're serving in the CIA,

[Senator Mark Kelly]

the army or Navy, the Air Force, your vigilance is critical.

[Senator Alyssa Slotkin]

And know that we have your back. Because now, more than ever, the American people need you. We need you to stand up for

[Senator Mark Kelly]

our laws, our Constitution, and who we are as Americans. Don't give up. Don't give up.

[Michael Popak]

Don't give up.

[Senator Alyssa Slotkin]

Don't give up the ship.

[Michael Popak]

Now, Donald Trump knows a lot about sedition and seditious conspiracy, because there's. There was about two dozen people of the 2,000 people that attacked the Capitol that were charged with seditious conspiracy based on his orders, if you will. He knows all about it. It's ironic, right? He knows all about that. Now, the grand jury obviously did not buy that that video was anything other than a proper expression of First Amendment expression, especially when you're talking about members of Congress, one of which, Mark Kelly, sits on the Armed Services Committee, providing oversight to the military. So there's also a separate case involving Mark Kelly and the Department of Defense, led by Pete Hegseth, in which they're trying to censure him, knock him down in rank, take away his pension, court martial him. Because of the same video, a federal judge, Judge Richard Leon, said, no First Amendment expression, First Amendment speech, no sitting member of Congress can be prosecuted or have their, or at least have their military career impaired because of that proper expression as a retired member of the military. They're not even in the military. That's been taken up on appeal by Pete Hegseth, but I'm sure that's a loser, just like the prosecution was a loser. Now, let's put this in context. This is not the only reporting that I've done about a prosecution or attempted prosecution of a political enemy of Donald Trump that has failed because of grand jurors or otherwise. Six or eight months ago, I talked about Adam Schiff, Senator from California. They had opened up a mortgage fraud investigation on him based on allegations made by a puppet of Donald Trump that sits in the federal mortgage regulation world who's also a Nepo baby. His name is Bill Pulte. Where is that indictment today, eight months later or so? Nowhere. You know, Donald Trump got his headline, adam Schiff investigated for mortgage fraud. There's no indictment this podcast is sponsored by Veracity, an all natural way to slim down, get energized and sharpen your focus. Veracity is revolutionizing health by tackling the root cause of so many issues, Metabolism. With Verasity's drug free, clinically proven and doctor formulated solutions, you can support your body's needs to live your healthiest life. If your goal is weight loss, you need to try metabolism ignite. The one doctor recommended GLP1 booster and GLP1 alternative. No side effects, no allergens. Metabolism Ignite is a natural, safe plant based aid that results in an 85% reduction in hunger and is clinically proven to lose a on average £9 in 90 days. Veracity founder and CEO Allie Egan is a certified Hormonal health coach whose personal experience with metabolic issues inspired her to develop holistic solutions for achieving optimal health. Metabolism Ignite features a unique blend of lemon, verbena and hibiscus extracts, green coffee bean extract and magnesium. It's caffeine free with clinical trials showing no negative side effects from the ingredients and it is safe for everyone, including new moms. So make the switch to GLP1 the natural way. Head to veracityhealth.co and use code legal AF for up to 60% off your first order. Once again, that's Veracity Health Co for up to 60% off. And make sure you use my promo code legal A F so they know I sent you about Letitia James, New York Attorney General I just recently interviewed Letitia James about the lawlessness of Donald Trump. You know, she has too much grace and dignity to talk about the attacks on her in a panel at a panel that we were on. But Letitia James, they brought another phony manufactured mortgage fraud case against her. Not one, not two, but three grand juries have rejected it. One grand jury actually told the judge presiding that they wanted to declare out loud that they were not returning an indictment and they did it in public. That must have sent a chill down the spine of Jeanine Pirro about her going after these six and having a grand jury do that to her. So Letitia James Just remind you about the strength of Letitia James. Here's a clip of Letitia James in my interview with her.

[Letitia James]

We've been filing a number of cases on a wide range of issues. All of these executive orders, which are illegal and constitutional and do not have the force of law and judges. We've been winning 80% of our cases and it doesn't matter whether or not the judge was appointed by Obama or whether or not in some cases the judges were appointed by Trump. In some cases, they were appointed by Bush and Clinton. It really doesn't matter. The rule of the law is the rule of the law. They all respect the rule of the law. And that's why we've been winning 80% of our cases. And then lastly, it's unfortunate that the president is weaponizing the federal government and particularly doj. And it's unfortunate that Pam Bondi is of the belief that she. Sir, that she. That the DOJ is the personal attorney to the president of the United States as opposed to serving the interest of America and our country and the rule of law and democracy. That's what's really unfortunate. And it's unfortunate now that we don't no longer have a doj, and that now it's up to Democratic attorneys general who are standing up to ensure that we have liberties, we have freedoms, and that our democracy is in place and that our systems and our institutions obviously are respected. And that's what we do. And that's why we're here. And that's why obviously we're in collaboration now more than ever. It is up to all of us and to our respecting our each individual sovereignty and each and every, every one of our constituents that we serve, that we are here to protect not only our state constitutions, but also the federal constitution, now more than ever. It's just really up to us.

[Michael Popak]

Now it's termed James Comey. Remember James Comey, former FBI director? They tried to indict him. They had a rush. They had 17 days to get a new prosecutor created and Lindsey Halligan and Rush to get an indictment because they were running out of time under the statute of limitations for alleged perjury before Congress, giving it a false statement before Congress, a 1001 charge. They got the indictment or they did it through an illegal and unconstitutional and now disgraced and fired or resigned Lindsey Halligan as U.S. attorney and a federal judge upheld and and upheld by appellate courts that Lindsey Halligan was illegally appointed and therefore her indictment is also illegal and on the scrap pile now, they're trying to appeal that, but they haven't been able to get any kind of stay. They run out of time. And if the judge that ruled against the indictment based on Lindsey Halligan being illegally appointed is right, they've run out of time to ever get an indictment against James Comey again. And they're also boxed themselves in in another way because of their mar a Lago position related to Donald Trump they just recently took in which they told a federal judge that Jack Smith was illegally appointed, therefore his indictment was illegal, therefore his report is illegal. And you should block permanently his report. And she did it. Well, now they're turning around and saying, the Department of Justice is saying Lindsey Halligan was, she wasn't, she was illegally appointed. But the indictment is fine. You can't have it both ways. That's why I think the Mar A Lago position taking ultimately kills them, as it will be argued in front of the United States Supreme Court. Then you've got Jay Powell, Remember him? He's just the chair of the Federal Reserve, runs all of our monetary policy, keeps our American economy tethered to the world and on and on track. Despite the turbulence created by the Trump economic policy. He. There's a criminal investigation by the same Jeanine Pirro going up against those same six members of Congress because he's got cost overruns, about 200 year old buildings that have never been renovated. Are you kidding me? It's gotten so bad that Thom Tillis, the outgoing member of the Senate, says he will not, and he can block himself. He will not approve the appointment of a new member of the Federal Reserve under Donald Trump, the one that Donald Trump wants to elevate to the chairperson in May. When Jay Powell steps down for being the chair. The chair, he will not allow that approval unless the prosecution led by Janine Pirro against Jay Powell is dropped. So that's gonna happen. Then you've got James Brennan, the former head of the CIA. I've been hearing about a potential indictment against James Brennan for at least six or eight months down in Florida. Hasn't happened yet. The only one, apparently, that's been indicted. Between the six in Congress, Letitia, James, James Comey, Jay Powell and Brennan, the only one that got indicted was Bolton, James Bolton, the national security adviser and former member of the U.N. you know, U.N. representative for the U.S. you know, because apparently a real prosecutor was able to convince a grand jury that he took home notes and confidential information to use for a book when he shouldn't have. Okay, well, if that's a legitimate prosecution, I'm all for it. But the rest, political attacks and retribution. We're going to be seeing more of that this week as a federal judge decides in Tennessee whether Donald Trump's Department of Justice, it'll be the first ruling whether their Department of Justice criminally vindictively prosecuted vindictive prosecution, leading to the dismissal of the indictment with prejudice, somebody named Kilmer, Abrego Garcia, who they illegally deported to El Salvador over court orders and over the United States Supreme Court ruling was his prosecution in Tennessee as a ruse to bring him back and to try to save face for the Trump administration nothing more than retaliation against him because he got favorable rulings in his favor by a federal judge in Maryland. This will be landmark bombshell and I think this week by Judge Crenshaw in Tennessee. Keep an eye on it. You know where To Go Legal AF, the YouTube channel here on Midas Touch as well. Hit the Free subscribe button for legal A F YouTube channel. Come over to our legal AF substack. Become a member there. You like our videos, you like our content. It's the way to support us. So until my next report, I'm Michael Popak. Can't get your fill of Legal af? Me neither. That's why we formed the Legal AF sub stack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. 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 AF are there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal AF on substack. Come over now to free Subscribe.