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Contact Us well, I never saw the Department of Justice in a cold sweat before, but now I have. They filed an emergency motion with typos to the federal judge in the former FBI Director James Comey criminal case in which they said and completely ignored what the magistrate judges the heart of the magistrate judge's order related to the grand jury transcripts in which the in which he ordered the release of the grand jury transcripts. They objected to that, filed an appeal to the district court judge, Judge Nakhmedoff, but completely ignored the heart of what we reported on. That's in the judge's order, which is a couple of things. One, Lindsey Halligan violated the Constitution not once but at least twice in her presentation of the indictment to the grand jury, turning the fifth Amendment and the sixth Amendment upside down and putting the burden on the defense to prove their defense instead of on the prosecution to prove the case beyond a reasonable doubt. To suggest to the grand jury that Comey had an obligation, while he does not has an obligation to somehow refute the evidence of the prosecution or to testify on his own behalf. I mean legal AF audience knows better than that. You don't even have to go to law school for that. Just watch Law and Order. So that happened. But they completely ignored in their emergency filing as if it didn't happen. See, this is what you do when you have major screw ups and you're whistling past the graveyard hoping nobody will notice. Okay, the second major observation or finding made by Judge Fitzpatrick ignored in the emergency filing is that there's a lie, that there is something amiss. I'll put it nicely in the filings by Pam Bondi, the Attorney General and by Lindsey Halligan in a related matter in front of Judge Curry in which they said, no, there's no two hour missing aspect of the grand jury proceedings. Have you heard about the two hours that's missing between 4:30 and 6:30? Where did it go? Oh, Judge Curry, you're wrong. They said in a filing that was then used against them and shoved up their backside by Magistrate Judge Fitzpatrick. See Judge, that's when the grand jury deliberated. You can't have telling a 30 year federal judge, you can't have a court reporter there for that. That's not what's missing, Lindsey. And Judge Fitzpatrick pointed it out. He said, I thought because you had two indictments when you've only should have had one, that you went back into the grand jury to get the second indictment. But now it's obvious. You say you never went back into the grand jury, then how did you learn of the problem of the second indictment? One with three counts and one with two counts. Only one can be right. How did you find that out if you didn't go back in? And where's the transcript related to the second indictment? Somebody's lying. And their names? I'll give you their initials, Pam Bondi and Lindsey Allegan. So they ignore that in their emergency filing. I'm Michael Popak. I'll tell you what they said in their emergency filing here on the Midas Touch network and on Legal af. So they file this emergency filing, they spell the word pursuant wrong. Note to self, word does not spell check all caps. I'll leave you at that. And they say in there they focus only on this other like the tertiary issue raised by Magistrate Judge Fitzpatrick where he said, and there's another problem. You've trampled over the attorney client privilege of James Comey and his relationship with his lawyer Daniel Richmond, now a professor at Columbia, then an FBI special employee who was his lawyer. And you didn't properly safeguard the privilege in terms of preparing the FBI agent for his testimony before the grand jury. So you tainted the FBI with potential attorney client privileged information. Because you had this information since 2015, you didn't take any steps to protect it. You didn't protect it. You didn't take any steps to put up a wall, a compliance wall, to make sure that people that shouldn't see attorney client privilege information don't see it. That's what they focus on in their emergency filing. Let me read to you and I'm going to put it up on Legal, a app substack so you can get a copy of it. Emergency motion they're asking for the when they want to have time to go to the next level, the district court judge, Judge Nakmanoff, and have him decide on the grand jury release of the transcripts issue, which he will do you know that feeling when your morning coffee is supposed to kickstart your day, but instead your stomach's grumbling, your focus isn't sharp, and by 10am you're already craving a nap. It's frustrating because the ritual matters, but sometimes traditional coffee just doesn't play nice with your body or your brain. And for anyone juggling a busy, chaotic lifestyle or trying to level up focus and energy, this is a common struggle. 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And I'm like, well, what's the magistrate judge's mistake? Here's what they say on page five the government believes the magistrate judge may have misinterpreted some facts he found when issuing the latest order to release the grand jury materials to the defendant. But then they don't cite to really anything. They just say, for instance, whether the defendant has any standing to challenge the Richmond materials. Additionally, the magistrate judge acknowledges that he did not immediately recognize Any overtly privileged communications? Totally focused on the privilege. What about the fact that Lindsey Halligan committed two cardinal sins and violated the Fifth and sixth Amendment in instructing the grand jury? No, we'll ignore that completely. You know who doesn't ignore that? Comey's lawyers. So they file an opposition paper late last night. It's all happened late last night. In which they say on page three, the government contends in its motion that in its motion to stay, the Judge Fitzpatrick may have misinterpreted some facts, including Mr. Comey standing to challenge the Richmond materials. Second, it's difficult to see how Judge Fitzpatrick could misunderstand the nature of Ms. Halligan's statements to the grand jury when they are on their face appear to be fundamental misstatements of the law, which they ignore in their filing. Here's what Comey's lawyers say on page five. The defendant faces trial in seven weeks on an indictment that the government secured through what appears to be significant and prejudicial constitutional errors that affected Mr. Comey's fundamental rights. The government has had the Richmond warrant materials for more than five years. The government's severe misconduct before the grand jury in this matter provides an additional basis of. For the. For Comey to move to dismiss the deeply flawed indictment. And Mr. Comey needs the grand jury material in order to do so. Now, speaking of orders, Judge Nakmanoff, who's ultimately decides these things, magistrate judge reports to federal district court judge, who's the Article 3 judge with lifetime appointment confirmed by the Senate. He said, all right, you. I mean, I'm giving the exasperation is my. Is artist rendering. But here's the order that the government shall file any objections to Judge Fitzpatrick. Fitzpatrick's order by Wednesday, November 19th. The defense will file a response by Friday, and then he's going to decide the issue. Let me, Let me short circuit all of this. Judge Nakmanoff is going to back Judge Fitzpatrick. He's going to grant it. He's going to look at the grand jury materials himself. He's going to order them to be provided to the other side, plain and simple. And I think he's going to spot some major infirmities and abuse of power by Lindsey Halligan, that novice prosecutor who went in there by herself, apparently having been a federal prosecutor for less than two days, having really never practiced in federal court and never been a prosecutor. I mean, they set her up for failure, probably on purpose at the Department of Justice. Nobody from Washington, nobody from Main Justice Pam Bondi, Todd, Blanche, Stan Woodward, all buried their head in their sand. Nobody ran down and helped her. Nobody sat with her. She went in by herself. And of course, she screwed it up royally. And constitutionally, he's gonna find that. He's gonna grant this and there's gonna be a motion now to dismiss the indictment, not just on on obscenely vindictive prosecution and outrageous conduct, which they have already filed, but also to dismiss the indictment because of the problems in the presentation to the grand jury. In the grand jury process itself, it's rarely granted, but here it's. I think this is an easy one. I'll continue to follow it all. You're on the Midas Touch Network and Legal af. Come over to Legal af. I don't know if you've heard, we're awfully close to crossing the 1 million subscriber threshold in about a year of our existence. That's all a testament to you. We bring it 10 videos a day on legal, aforementioned, no outside investors. But we need your help. Help us cross that threshold. Give us that street cred so we can continue to bring on the judges and the former judges and the lawyers and the law firms and the ACLU and the and the attorneys general to brief you along with my commentary and others from my in my contributor group. 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 substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come 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 Liquor 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.