Legal AF by MeidasTouch Network

Episode: Trump Gets Death Blow to Case by Pissed Off Judge

Date: December 8, 2025
Host: Michael Popok (MidasTouch Network)

Episode Overview

In this episode, Michael Popok breaks down a dramatic federal court ruling that significantly undermines the Department of Justice’s ongoing prosecution attempts against James Comey. The main story centers on a temporary restraining order (TRO) issued by Judge Kolar Catelli, stopping the DOJ from using potentially tainted evidence (the “Richmond files”) in any effort to re-indict the former FBI Director. Popok highlights complex connections between the attorneys, procedural lapses by the government, potential Fourth Amendment violations, and even threads tying the case to the ongoing pipe bomber prosecution.

Key Discussion Points & Insights

1. Background on the James Comey Case

• Primary Subject:
  James Comey, former FBI Director, and Daniel Richman, a Columbia Law professor and counsel to Comey.
• Origin of Evidence:
  Richman voluntarily turned over digital devices and accounts to DOJ in 2017–2020, during the Trump administration’s “Arctic Haze” investigation, which centered on Hillary Clinton emails.
• Misuse of Evidence:
  Years after no charges were brought, these materials were recently accessed by FBI agents, without a new warrant, as part of renewed prosecutorial efforts linked to an attempted 2025 Comey indictment.

Notable Quote:

“They just ran roughshod over the box and... got an indictment based on what was in the box. The problem with that is it’s a Fourth Amendment illegal search and seizure violation.”
— Michael Popok [03:05]

2. Attorney Connections & Motions Filed

• Key Legal Team:
  Daniel Richman’s lawyer—Nick Lewin, famous white-collar defense attorney and former colleague of both Comey and Robert Mueller; ties among the Comey-Richman defense teams are strong.
• What Was Filed:
  Motion for the return of Richman’s property and to stop the DOJ from using any of it in future actions against Comey, specifically citing the Fourth Amendment.

3. The Judge’s Sweeping Temporary Order

• Judge:
  Senior Judge Kolar Catelli.
• Immediate Action:
  Due to lack of DOJ response, Judge Catelli issued a TRO halting use of the Richmond files in new indictments, preserving the status quo until a formal hearing.
• Key Requirements in Order:
  • DOJ and AG must identify, segregate, and secure all of Richman’s imaged files, emails, and iCloud accounts.
  • Certification by the government of compliance required by noon on Monday.
  • TRO set to last until at least midnight, Friday the 12th, with further briefings scheduled on Tuesday the 9th.

Notable Quote:

“I can’t get a hold of the government… so I’m going to issue a temporary restraining order at least until Friday to stop the use of the Richmond files for any new attempted indictment.”
— Michael Popok (quoting Judge Catelli) [07:18]

4. Fourth Amendment Implications

• Judge Catelli’s ruling emphasizes Richman is “likely to succeed on the merits” of his claim that the government’s search and retention of his digital devices without a new warrant violated his Fourth Amendment rights.

Key Ruling Highlight:

“Petitioner has also shown that absent an injunction, he will be irreparably harmed by the ongoing violation of his Fourth Amendment right against unreasonable seizures arising from the government’s retention of his computer.”
— Michael Popok (quoting order) [10:43]

5. Connection to Pipe Bomber Case

• Popok draws a surprising connection:
  DOJ attorney Jocelyn Ballantine, handling the Comey correspondence, is also the prosecutor in the D.C. pipe bomber case.
• Implication:
  Suggests a tangle of overlapping legal teams and government actions, potentially impacting legal strategy and communications.
• Email Correspondence Tension:
  On Dec. 3 and 5, Richman’s team indicated willingness to hold off the TRO if DOJ commits not to use the files, but pressure mounts as no such assurance is offered.

Notable Exchange:

“Thank you for getting back to us. I am sympathetic to all you have going on… but under the circumstances, I can’t wait another week. We’re going to make our motion for temporary restraining order because new violations of our clients’ rights may be imminent.”
— Nick Lewin (Richman’s counsel) to Jocelyn Ballantine [12:35]

6. Next Steps and Stakes

• Tuesday the 9th:
  Full motion briefing scheduled; government must respond to Fourth Amendment claims.
• Comey’s Legal Position:
  Not yet intervening; letting Richman’s case do the heavy lifting for now.
• Potential for Re-indictment:
  Government may still try re-indictment, depending on the outcome of the TRO and upcoming hearings.

Notable Quotes & Memorable Points

• [03:05]
  “They just ran roughshod over the box and... got an indictment based on what was in the box. The problem with that is it’s a Fourth Amendment illegal search and seizure violation.”
  — Michael Popok

• [07:18]
  “I can’t get a hold of the government… so I’m going to issue a temporary restraining order at least until Friday to stop the use of the Richmond files for any new attempted indictment.”
  — Judge Kolar Catelli, related by Michael Popok

• [10:43]
  “Petitioner has also shown that absent an injunction, he will be irreparably harmed by the ongoing violation of his Fourth Amendment right against unreasonable seizures arising from the government’s retention of his computer.”
  — Judge Kolar Catelli, related by Michael Popok

• [12:35]
  “Thank you for getting back to us. I am sympathetic to all you have going on… but under the circumstances, I can’t wait another week.”
  — Nick Lewin, Richman’s lawyer, escalating urgency to DOJ

Important Timestamps

• [03:05] – Explanation of Fourth Amendment violation and the origins of the case
• [06:42] – Introduction of Nick Lewin and attorney connections
• [07:18] – Judge Catelli’s reason for issuing the TRO
• [10:43] – Detailed reading of the judge’s grounds for relief
• [12:35] – Email exchange between Richman’s counsel and DOJ regarding pipe bomber tie

Tone & Style

Popok’s tone is characteristically incisive, urgent, and heavy on legal nuance, translating technical filings into punchy, high-stakes analysis. He remains skeptical about DOJ conduct and is candid about procedural breakdowns on all sides, while peppering the episode with references to relationships, courtroom drama, and ongoing subplots like the pipe bomber prosecution.

Summary

This episode provides a detailed inside look at a pivotal legal battle, where a frustrated judge has dealt a major blow to the DOJ’s case against James Comey — at least temporarily. With allegations of constitutional violations, interlinked legal teams, and the high potential impact for future indictments, Popok’s analysis walks listeners through every key legal turn, offering a unique perspective at the intersection of law and politics.

Note:
Advertisements, intro/outro segments, and off-topic content have been omitted from this summary.