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We got some breaking news. Donald Trump's efforts to build his not so secret hospital and medical facility under the ballroom next to the White House has hit a roadblock in the form of three judges who have now been assigned for the Federal Circuit Court of Appeals. One is an Obama appointee, one is a Biden appointee, and one is a Trump appointee. Those are not good odds for Donald Trump to continue his efforts to try to block Judge Leon's order to stop the ballroom from being built. Because it is unconstitutional, because it does not have congressional approval. And when I go over the three judges with you, you'll understand why I have a reasonably good belief that they're not going to overturn Judge Leon's decision. I could be wrong, but the odds are certainly with the rule of law. You're here on Midas Touch. I'm Michael Popak. Let's get down to the ballroom and everything underneath it. Donald Trump had a reveal in a filing to Judge Leon that they're building a top secret, well, not top secret any longer. Top secret military installation underneath the ballroom. In fact, it goes on to say it will include medical facilities and a hospital. 200 years of presidents, we haven't needed a hospital under the White House. But for this president, with his declining mental and physical health on full display, I guess we want it. And Donald Trump's fighting hard to keep that secret hospital not so secret any longer and to keep it being built. So the panel that got assigned, three judge panel. That's how it works for all appellate courts, really. Three judge panel that's been assigned are the following. It's a powerhouse panel, but definitely may be not what Donald Trump was looking for. First judge up, Judge Millet and Obama appointee. She replaced Chief Justice John Roberts when John Roberts was elevated from that court to the United States Supreme Court. She's often been considered to be on the short list. If a Democrat becomes the attorney, becomes the president and appoints a opening on the Supreme Court, then we have a judge Garcia, Bradley Garcia. He was appointed by by Biden. Now, Garcia was an Elena Kagan clerk on the United States Supreme Court and has all the bona fides to do the right thing here. Related to the ballroom. The third judge is a wild card. Well, not really a wild card. Naomi Rao. Naomi Rao is a clerk. She had clerked sorry for Judge Thomas, Clarence Thomas on the United States Supreme Court. And she was a law professor at the Scalia Antonin Scalia School of Law. She is hard right. She is maga. In fact, she's considered to be a front runner. If Donald Trump ever gets a pick to replace Clarence Thomas or Alito, you could just see Clarence Thomas knowing that his pick replacement would be Naomi Rao, who clerked for him, stepping aside as he's pushing 80 to let her take that spot. We saw a similar move with Kennedy when Kennedy stepped off the court. So keep an eye on Naomi Rao. She frequently sides with almost entirely with Donald Trump, especially if she's got another Trumper next to her on that court. His name is Katzis. And when it's Katzis and Rao, they generally side for Trump. Like that team blocked Chief Judge Boasberg of the the chief judge of the district courts in D.C. from finding the Trump administration in criminal contempt related to removing 200 men to the torture prison of El Salvador. But Rao is outnumbered here with Millet and Garcia in the lead. Now, they've asked for briefing about whether they, during the pendency of this appeal that could last a year, whether they will agree with Judge Leon and keep the vertical, the ballroom itself from being built while the, the below ground bunker can continue. Or they're going to continue to, or they're going to block Judge Leon's block. It's like a double negative block in the block allowing the ballroom to be built. And there was briefing already, of course. And the way that the National Trust, which is the plaintiff here, is basically calling out the Trump administration and saying building a ballroom can't be a national security concern. They make it clear they're not objecting to the bunker. Trump wants to build a secret bunker. Not so secret. Go ahead. You want to put a hospital in it, I guess that's okay. But don't build the ballroom and don't build anything down there that impacts the size and structure of the ballroom. See, Trump's now saying, well, we've already started. You know, we knocked over the east wing in the middle of the night. We made a giant hole. Well, we gotta cover it with a 90,000 square foot ballroom, don't we? The National Trust is saying, no, not without congressional approval. Now, Judge Leon already went through all of the laws, including the organic law that Trump was trying to rely on and said, you can't knock over the east wing and rebuild it as a ballroom with a giant bunker underneath it under your powers. That's a congressional power for approval. And Trump's response was, but we're doing it with private money. I mean, not entirely, but they're doing it with private money and that doesn't matter. This is the oversight, the checks and balances that our Congress and our founding fathers wanted and framers wanted related to the White House. See, the Congress is the landlord. Congress owns the parks and federal land in Washington that the White House sits in, not the current occupant. And so when they briefed it to Judge Leon, the Trump side wrote with a lot of exclamation marks, they said that there's going to be a protective missile resistant steel columns and beams, drone proof roofing materials, bullet ballistic and blast proof glass, and a bomb shelter, a hospital and medical area, a top secret military installation and the rest. And that in order to protect the President with all these security features and to protect the President, his family and the and and the staff, they gotta build the ballroom now that they made the hole not so fast. Magic Spoon is basically the grown up version of your favorite childhood cereal. Same fun nostalgic taste, just made for real life. Now their cereal is high protein, so 0 sugar and each serving packs 1214 grams of protein, 02 grams of sugar and 4 to 5 grams of net carbs. So it's great for anyone who's carb conscious. Plus the original cereal line is certified gluten free, which makes it a super simple fueling option for breakfast, a late night snack or post workout. They've got classic flavors like Fruity Frosted, Peanut Butter, Cocoa, Cinnamon Crunch and more. And they also launched a different line with classic Marshmallow and S', mores, both made with real marshmallows and 2 grams of sugar. Those really lean into the childhood nostalgia. Just note those are not certified gluten free since the marshmallows are made in a factory exposed to gluten. They also have Magic Spoon treats, which are crispy airy snack bars with 12 grams of protein, 7 grams of fiber, 0 grams of added sugar and 2 to 3 grams of net carbs.
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Look for a magic spoon on Amazon or at your nearest grocery store and if you want to try something new, check out Magic Spoons Protein Pastries. They're packed with protein and taste like the nostalgic toaster pastries you grew up with, but without all the sugar. You can get $5 off your next order, including the protein pastries at magicspoon.com legal af that's magicspoon.com legalaf for $5 off the national Trust. In its brief that was filed yesterday to the appellate court, the judges Millet, Garcia and Rao said the following. First, to make it clear, the district court's injunction does not prevent the defendants from working on the underground bunker their motion exhaustively describes. Indeed, the Trust hasn't even objected to that. The court's injunction simply prevents defendants from constructing the ballroom without Congress's specific and expressed approval. And as is obvious, the absence of a massive ballroom on the White House grounds has not stopped this or any other president from residing at the White House or hosting events there. Yeah, I mean, in other words, they call out, there's a hole there. Now there's no ballroom on top of it. Didn't stop Trump from hosting state dinners. Didn't. Didn't stop Trump from hosting dignitaries or the Prime Minister or president of the Japan or the, you know, Ukrainian president. He still, what is the hole? After their argument on the Trump side is, we gotta hurry up and cover the hole with a giant ballroom. No, you don't. There's other ways to secure the hole. You know, in fact, when Donald Trump talks about it to the public, he brags about it being this big, beautiful, golden ballroom that all of his predecessors wanted. Right. Like, that kept George Washington and Thomas Jefferson up at night and James Madison, the lack of a ballroom. All presidents ever wanted it. But in the middle of it, he then converted when he was on Air Force One and said, effectively, it's just a shed covering a bunker. Play the clip.
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We just got these in from the architects. A lot of people are talking about how beautiful the ballroom is. For 150 years, they've wanted to build a ballroom at the White House. Here's another view. This is coming from right opposite the treasury building. Beautiful cabin. Here's a view from on the south with the porch, which is a porch, and it's also a fire stair, basically leading down to the grounds. Now the military is building a big complex under the ballroom, which has come out recently because of a stupid lawsuit that was filed. But the military is building a massive complex under the ballroom, and that's under construction, and we're doing very well. So we're ahead of schedule. That's part of it. And the ballroom essentially becomes a shed for what's being built under the military, including from drones and including from any other thing.
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But that may be true. But that doesn't mean you get to build the ballroom. You get to build the shed. The trust is already telling you, build your. You want to build your hospital so you don't have to go to Walter Reed and everybody see that you can't walk or talk. That's up to you, I guess. Although I don't know how that's consistent with transparency about the commander in Chief's health. We've already seen on full display his erratic behavior, his dementia on full display as he's mishandling Iran with all of the competing social media posts. We're bombing. We're not bombing. We're gonna start bombing. We have a ceasefire. We don't have a ceasefire. I mean this is an hourly thing as the stock markets gyrate. Right. And convulse along with our pocketbook. So that was the, that was their first argument. The second major point, which I thought was a good, good one on page 12 of their filing. And we'll put this up on legal AF substack for you to read is put simply, always good when you're on page 12 and you could put something simply. The lack of a massive ballroom on the White House grounds is not a national security emergency. Its absence has not prevented any past president from residing in the White House for two centuries. And demonstrably defendants self described and self inflicted open construction site like you made the hole has not prevented Trump from continuing to live at the White House. You notice how they say Trump, they don't talk about the family. Cuz when was the last time you saw a picture of Melania there? And what was the last time you saw a picture of Barron there? Has Barron or any of the kids been there at all? You know, they're so busy trying to make money and grift off the presidency. Have they even been at the White House maybe for that state dinner, But I'm not even sure they continue. It's not prevented Trump from continuing to live at the White House since he demolished the East Wing, from hosting guest press conferences and foreign dignitaries or from convening meetings of the cabinet. He's even holding cabinet meetings at the White House. How insecure could it possibly be? But I love the dis on Melania there, you know, not even recognizing that the family that he has a family that has to be worried about. And they continue while defendants reliance on secret evidence. Trump is submitting sort of secret evidence and affidavits only for courts to see about the security issues. They continue though that they don't have to see it. Nothing in the motion on the on Trump's public statements suggest any emergency at all in damage that temporary tense might cause the White House lawn and sprinkler system or that some materials may have to be put in storage is not the stuff of which crises are made. And then they continue on page 13. Indeed, it's difficult to believe that even defendants really think that the absence of a massive ballroom jeopardizes national security. Their own project state the ballroom will not be completed for at least two more years at and the executive residence where the President actually lives is not a hardened national security facility either. And as recently as January defendants position was emphatic below grade work will not lock in the scope of the above ground construction. Ta da. In other words, he doesn't live in a bunker, he doesn't live in a hardened facility. He doesn't live in a black box. We'll continue to follow what happens next with that three judge panel of say it with me Judge Millet, Judge Garcia, Judge Rao. For upbreaking news at moving at that light speed, come over to Legal AF YouTube channel. Hit the free subscribe button and where I also do live reports on Legal AF Substack. Till my next report, I'm Michael Pop. Can't get your fill of Legal af. Me neither. That's why we formed the Legal AF substack. 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 in 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 AO 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.