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Today we're going to talk about deep breathing, something we all need to do more of, especially when you're getting ready to call your health plan and deal with one of those automated phone trees. You know how it feels to get into an endless phone loop when you just have a simple question that could take two minutes or less and then pretty soon you've lost your Zen. Shouldn't your health plan help you reduce stress? That's why you'll talk to a real person when you choose. Pacific Source Health Plan. Tranquil Tranquility.
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On Fed rate cuts.
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Jeff Bridges why are you still living above our garage?
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Mochi Moment from Sadie who writes I'm not crying. You're crying. This is what I said during my first appointment with my physician at Mochi because I didn't have to convince him I needed a GLP one. He understood and I felt supported, not judged. I came for the weight loss and stayed for the empathy. Thanks, Sadie. I'm Mayra Ameth, founder of Mochi Health. To find your mochi moment, visit joinmochi.com Sadie is emoji member compensated for her story.
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The lawyer that Donald Trump is using to revise and refile that failed lawsuit for billions and billions of dollars against the New York Times for defamation. Remember the one he filed a month ago in the middle district of Florida that got immediately, I mean, within hours, dismissed by the judge and said, go back and try it again and this time try to leave out all of the ridiculous ego driven allegations that have nothing to do with a clean and concise and clear recitation of the allegations to support defamation. Try it again. The lawyer that's representing Donald Trump, you want to know what his address is that he lists on his pleading that he filed with a federal judge? It's literally a mailbox inside of a postal center inside of an original Pancake House shopping center in Boca Raton, Florida. No wonder they can't get it right. Good news for them and for our audience here on Midas Touch. I've been practicing law in Florida for a long, long time. I'm going to give you my overview of why this new pleading is no better than the last pleading. It will get dismissed very quickly as well. And perhaps Donald Trump and the guy in the Pancake house mailbox might get sanctioned as well. I'm Michael Popak. You're on Midas Touch. Let's get to it. They brought a complaint against the New York Times and a bunch of its reporters and a book publisher named Penguin about some books about Donald Trump that Donald Trump didn't like. In particular, Donald Trump decided at the request of the judge to eliminate all the, all the paragraphs about him winning the election and his electoral victory and how the electoral map changed and all of that. But I was struck by something even, even more egregious that when they talk about his reputation, Donald Trump's reputation that they claim was somehow defamed because in order to have defamation, you have to have a stellar reputation that's capable of being defamed. And we know there's some warts with Donald Trump. We know there's some skeletons in the closet. Let's say, you know, it's missing from this new 40 pages. I mean, I'll grant, I'll give them that it is a new 40 pages. But you know what's missing? Any reference to the fact that Donald Trump was adjudged to be a sex abuser. That he's on the receiving end of over $100 million of judgment by E. Jean Carroll, that He lost the 34 count felony conviction. That he's a convicted felon. 34 count convicted felon related to business fraud and about the COVID up related to election interference and Stormy Daniels. That dozens of women have testified and or sworn and or written books about Donald Trump, that they were sexually abused by him just as E. Jean Carroll was. That he had not only a 34 count felony conviction but a 19 count felony conviction against his companies for also business record and other tax related fraud. That there is a business, there is a federal, former federal judge in Barbara Jones as a monitor court appointed sitting over the Trump Organization right now, now that he's been indicted in other places including in Georgia, that he's gone bankrupt five or six times. Where is all of that? How do you, how do you defame somebody like that? By questioning his wealth, by questioning his celebrity, by questioning his business acumen, by questioning and they didn't even get into the misogyny and the sexual, sexual abuse. Questioning his morality and writing opinion pieces. These are opinion pieces in books and in articles and other things. Instead, Donald Trump thinks that if he just puts together a list of his press clippings, like somebody pulled out his press book and started talking about, well he was in this movie and in that movie we're back to Home Alone 2 again taking up space in this, in this deficient complaint. In fact, let me just, let me just read to you from some of the complaint. I'll post the rest on legal AF substack for you to read. So let me go first to paragraph 47 in which he says the following. The Times and its authors admit that they view President Trump as a threat who does not deserve fair treatment. This is their allegation to allegedly support that, that they there's actual malice present. In order to show actual malice, you have to show if you're a public figure like Donald Trump to prove defamation that the other party knew or should have known, knew or should have known what they wrote was false. New or should have known. The Times having a, not believing that he should get fair treatment, citing to an article in the New York Times. The newsroom of the Times has been reporting. This is from the New York Times has been reporting for years on Donald Trump's tenuous relationship with the facts we routinely point out Falsehoods, exaggerations and misstatements, making sure that we also then let leaders know what's accurate. Okay, what's the matter with that? And that is not actual malice. Again, these are, these are writers, these lawyers, Mr. Brito and the other guy in the original Pancake House shopping center who don't understand defamation.
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Hey, everybody, Ben Meiselas here from the Midas Touch Network. I wanted to let you know about my podcast partner Michael Popak's new law firm. It's called the Popak Firm. Michael Popak's pursuing his dream of starting his own law firm. Really based on the popular demand by all the Midas mighty and legal A effers who are approaching Michael Popak with their cases and saying, can you help us? And at that time, Popak was not able to. So he went out on his own. He started the Popoc firm where he is now handling catastrophic injury cases like car accident cases, trucking cases, malpractice cases, big negligence cases, wrongful death cases. So if you or someone you know have a case like this, the consultation with Popo firm is free. Give him a call. See if you have a case. It's thepopoc firm.com thepopoc firm.com or you can call 877-popak-af pop okay af. So 1-877-pop-now, af. Give Michael Popak a call. And I'm really proud of you, Popak. Thanks for all the hard work you're putting in.
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Similarly, if you go to paragraph 58, we have the return of Home Alone 2 taking up space. This is, this is in a section that's supposed to be about Donald Trump's reputation again, leaving out the indictments, the convictions, the sex abuse and the rest, they say illustrative and non exhaustive and publicly available. Examples of the consistent demand for President Trump and pop culture before the Apprentice include ghosts. Can't Do It. Who can forget Ghosts can't do it from 1989 in which he played himself in scenes with Bo Derek. How old is the audience reading this? And then just in case you forgot that he was in these things, they actually wasted time putting YouTube clips as if the judge here, Judge Mary Day, a Republican appointee, was going to take time to go watch Can't Ghost, Can't do it. Home Alone 2, 1992, the French print, the Fresh Prince of Bel Air, the Little Rascals, the Nanny, the Drew Carey show, Spin City, Sex in the City, two weeks notice, and the Ali G show where he was interviewed by Sacha Baron Cohen. All these Appearances confirmed President Trump's unique place and the natural national cultural consciousness well before he became put on the Apprentice. He's all pissed off because they allege that Mark Burnett, the producer of the Apprentice, made him. Let me just tell you the truth here about Donald Trump, because I lived and worked in New York and grew up in New Jersey. I watched him go bankrupt five times at the casinos. He was. He was a failed developer who had bankrupted himself several times, including with casinos. And he was on the balls of his ass financially. Nobody who is secure and has made a gazillion dollars would host the Celebrity Apprentice. It's not like Shark Tank with Mark Cuban. And so that did put him back on the top. And the thing that seems to still bother Donald Trump is this one quote about a stinky carpet. Again, not making it up. A stinky carpet that they reported on because it shows up so early in the allegations. This is what they say. Here's what they say about the stinky carpet. This is on paragraph 21, page 13 of the complaint. Late in the summer of 2003, a team of television producers stepped off the elevator on the 26th floor of Trump Tower. After years filming Survivor in jungles around the world, training cameras on exotic spiders and deadly snakes to evoke danger, they came looking for a different set of sensory clues, the tiny details that would convey wealth and power. Right away, they knew they had a problem. The first thing they noticed was the stench. A musty carpet odor that followed them like an invisible cloud. Then they spotted scores of chips in the finish of the wood desks and credenzas. The decor felt long out of date, making the space seem like a time capsule for when Donald J. Trump opened the building early in the first rise to fame. And apparently, Donald Trump hates that musty carpet and he's suing billions of dollars over it. Let me make this simple. This complaint does not support the appropriate allegations necessary to support a defamation claim. You can't just throw up on the wall a bunch of statements that you think your client disagrees with and disagreement is not defamation, and then don't list how they're wrong. Which in no place during the complaint do they say, here's the statement from the article, here's the statement from the book, and here's why they're wrong. Where is that? Nowhere. This is a equally deficient, ridiculous, silly complaint that if Judge Merriday allows to stand on his own. We'll wait to see. It will be very quickly dispatched by appropriate motion practice brought by the new York Times and their amazing libel and defamation lawyers. I have no doubt about that. And the guy and let me give a shout out so everybody knows who I'm talking about. The guy who works out of and it seems to be have have no shame about working out of a pancake house shopping center. And his office consists of a mailbox in a postal in a postal office. Daniel Zachary Epstein, Epstein and Company, 8903 Glades Road, Suite 8A, Number 2090. That's his mailbox and his and his this is all in the public record. His email is chair00trekloud.com Nothing says I'm a sophisticated lawyer like an email address of chair00trekcloud.com so in the meantime, we'll continue to follow this. My prediction is that Judge Merriday will let it stand, give the lawyers for the New York Times the the opportunity to have at it and get rid of this lawsuit and then it will be dismissed, I think with prejudice. Once the judge gives you one opportunity, you're not going to get too many more. I don't think there's going to be a third or what we call a second amended complaint for a third pleading. I think this is about it. This was their chance. This is the one the New York Times will punch out and I think will knock out. I'll continue to follow it here on Midas Touch. Slide over to Legal AF YouTube. Hit the free subscribe button there as well. Until my next report, this is Michael Popak in collaboration with the Midas Touch Network. We just launched the Legal AF YouTube channel. Help us build this pro democracy channel where I'll be curating the top stories the intersection of law and Politics. Go to YouTube now and free subscribe at Legal AFMTN. That's @legal AFMTN.
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Episode: Trump Faces Reckoning with New Lawsuit After Humiliating Filing
Date: October 20, 2025
Host Analysis: Michael Popok (MeidasTouch trial lawyer strategist)
Focus: Trump’s Revised Defamation Lawsuit Against The New York Times
This episode centers on Donald Trump’s latest defamation lawsuit against The New York Times, its reporters, and Penguin Publishing, following a humiliating dismissal by a federal judge. Michael Popok analyzes the newly refiled complaint, its legal deficiencies, and Trump’s ongoing efforts to bolster his image in the courts. The tone is pointed, skeptical, and sometimes incredulous—reflecting both legal expertise and disbelief at the repeated missteps in Trump’s legal strategy.
Legal Representation’s Oddities
The Refiled Complaint's Shortcomings
"You can't just throw up on the wall a bunch of statements that you think your client disagrees with and disagreement is not defamation, and then don't list how they're wrong."
— [11:54]
The lawsuit fails to draw a clear line between allegedly defamatory statements and why those statements are untrue—an essential for a legal complaint. Additionally, Trump’s team doesn't address or refute his own documented scandals or court adjudications.
Pop Culture References
Trump’s complaint lists his TV and film appearances (e.g., Home Alone 2, Ghosts Can't Do It, Fresh Prince of Bel-Air) as evidence of his “stellar” reputation.
The complaint also attaches YouTube video links to these appearances, which Popok mocks as irrelevant to a legal determination of defamation.
‘Musty Carpet’ Anecdote
Popok expects Judge Mary Day to swiftly dismiss the complaint with prejudice, given its unchanged legal weaknesses despite being given another chance.
"Once the judge gives you one opportunity, you're not going to get too many more. I don't think there's going to be a... third pleading. I think this is about it. This was their chance. This is the one the New York Times will punch out and I think will knock out."
— [14:08]
Recommended Segments:
For continued analysis and updates, visit Legal AF on YouTube.