Legal AF by MeidasTouch: Trump Makes Emergency Filing as Comey Case Quickly Collapses

Date: November 19, 2025
Host: Michael Popok (with network contributions from Ben Meiselas and Karen Friedman Agnifilo)

Overview

In this episode, Michael Popok offers an in-depth, rapid-fire analysis of explosive legal developments in the DOJ’s ongoing prosecution of former FBI Director James Comey—a case that's now in crisis after critical findings from Magistrate Judge Fitzpatrick. The conversation dissects the DOJ’s emergency motion, major alleged prosecutorial errors, missing grand jury records, and the likely unraveling of the indictment due to constitutional violations.

Key Discussion Points & Insights

1. DOJ’s Emergency Motion: Typos, Omissions, and Whistling Past the Graveyard

• [01:13] Michael Popok opens with incredulity at the DOJ’s emergency motion, noting how hastily it appears to have been drafted (even containing typos).
• The motion objects to the magistrate’s order to release grand jury transcripts to Comey’s defense, but ignores the two central findings from Judge Fitzpatrick:
  • Constitutional violations in the grand jury presentation (specifically, Fifth and Sixth Amendments).
  • Missing grand jury records and contradictions in government representations about the timeline.
• Popok suggests this selective response is what happens “when you have major screw ups and you're whistling past the graveyard hoping nobody will notice” ([02:10]).

2. Constitutional Violations in Grand Jury Instructions

• Prosecutor Lindsey Halligan allegedly told the grand jury it was up to Comey to refute the prosecution’s evidence or testify—a direct inversion of the Fifth and Sixth Amendment protections.
  • Popok: “You don't even have to go to law school for that. Just watch Law and Order.” ([02:00])
• These misstatements are considered “cardinal sins” of prosecution, potentially fatal to the entire case.

3. The Mystery of the Missing Grand Jury Hours

• There are unexplained gaps in the grand jury transcript—about two hours disappearing from the record (4:30–6:30pm).
  • Government lawyers first denied any missing segment, but were contradicted by facts pointed out by Judge Fitzpatrick.
  • “Somebody’s lying. And their names? I'll give you their initials: Pam Bondi and Lindsey Halligan.” ([04:23])

4. DOJ Ignores Core Issues, Focuses Entirely on Attorney-Client Privilege

• In the emergency motion, DOJ only highlights the possible taint of attorney-client privilege between Comey and his lawyer Daniel Richman, not the grander constitutional errors.
  • “Totally focused on the privilege. What about the fact that Lindsey Halligan committed two cardinal sins and violated the Fifth and Sixth Amendment…? No, we'll ignore that completely.” ([09:12])
• Popok provides his audience with resources to read the filings via Legal AF’s Substack.

5. Comey’s Lawyers Respond: Grand Jury Abuse at the Center

• Comey’s team highlights that the indictment is built on “significant and prejudicial constitutional errors that affected Mr. Comey's fundamental rights.” ([12:06])
• They argue these errors justify the dismissal of the indictment and further support the need to inspect all grand jury materials.

6. What Happens Next: Predictions and Judicial Frustration

• Judge Nakmanoff gives the DOJ until Wednesday, Nov. 19, for objections. Defense replies by Friday.
• Popok expects the higher judge to side with the magistrate, release grand jury materials, and potentially flag egregious prosecutorial misconduct.
  • “He's gonna spot some major infirmities and abuse of power by Lindsey Halligan, that novice prosecutor...” ([15:02])
• Possible motion to dismiss the indictment outright due to grand jury irregularities—Popok sees this as an “easy one,” though such dismissals are historically rare.

Notable Quotes & Memorable Moments

• “I never saw the Department of Justice in a cold sweat before, but now I have.”
  —Michael Popok, [01:13]

• "You don't even have to go to law school for that. Just watch Law and Order."
  —Michael Popok, [02:00]

• “Somebody’s lying. And their names? I'll give you their initials: Pam Bondi and Lindsey Halligan.”
  —Michael Popok, [04:23]

• “Totally focused on the privilege. What about the fact that Lindsey Halligan committed two cardinal sins and violated the Fifth and Sixth Amendment... No, we'll ignore that completely.”
  —Michael Popok, [09:12]

• “The government secured [the indictment] through what appears to be significant and prejudicial constitutional errors that affected Mr. Comey's fundamental rights.”
  —Comey’s legal team, as quoted by Popok, [12:06]

• "He's gonna spot some major infirmities and abuse of power by Lindsey Halligan, that novice prosecutor...”
  —Michael Popok, [15:02]

Timeline of Critical Segments

| Timestamp | Topic | |-----------|--------------------------------------------------------------------------------------------------| | 01:13 | DOJ’s emergency motion: typos and strategic omissions | | 02:00 | Explaining the grand jury constitutional violations | | 04:23 | Missing grand jury time; government’s conflicting explanations | | 09:12 | DOJ focuses emergency filing on attorney-client privilege, dodging larger errors | | 12:06 | Comey’s team calls out “significant and prejudicial constitutional errors” in the prosecution | | 15:02 | Popok predicts Judge Nakmanoff will back release of grand jury material and flag misconduct |

Tone & Style

Popok’s analysis is brisk, incredulous, and at times bitingly sarcastic—demonstrating deep legal knowledge while speaking plainly to Legal AF’s informed (but non-lawyer) audience. He pulls no punches in naming government attorneys and highlighting the “rookie” mistakes that could doom the prosecution, framing the moment as both highly unusual and closely consequential.

Final Takeaways

• The episode frames the DOJ’s emergency filing as both panic-driven and incomplete, raising the odds that the Comey indictment might soon collapse due to prosecutor error.
• Popok is clear: this is not just a technicality, but fundamental legal process gone awry.
• Listeners are pointed to Legal AF’s Substack and are encouraged to participate in the growing legal commentary community.

For complete filing texts and further legal updates, visit the Legal AF Substack.