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Michael Popok
Harvard University is not waiting around to find out if Donald Trump made another mistake and is about to cut off billions of dollars of more funding after he used that excuse. Oh, a letter cutting off your funding was set in mistake. Meyer Forget that. Harvard University hiring two, not one, but two Trump affiliated lawyers, including one that currently represents the Trump administration. And sit down for this one, everybody. Robert her Harvard Law 95 but more importantly, he was the special counsel against Joe Biden appointed by Merrick Garland in the document handling case. You know, the one that wrote the 300 pages that probably cost Joe Biden the election. He is suing Harvard. He's suing for Harvard against the Trump and Trump administration. Robert er, Bill Burke joined together two Trump lawyers, if you will, to go against the Trump administration. Cats and dogs sleeping together. I cover it right here on the Midas Touch Network. Take a moment, hit the subscribe button here. And on the Legal AF YouTube channel, I did a hot take four days ago about the Harvard faculty getting together and filing their lawsuit in federal court over the threat over the $9 billion sent to Harvard University for medical and technology research and the like. And now we had the back and forth from two letters that Trump and his administrators and his cabinet members and lawyers sent to the Harvard University on April 3 and April 11 threatening to take away first $2 billion, then $9 billion, then $60 million, then a new letter that came today that said another billion dollars. And then the Trump organized Trump administration said we're going to go after your tax exempt status and we're going to go after how you admit foreign students if you don't bend the knee to Trump and give up your academic freedom. And Harvard said what the actual legal af this is my interpretation is going on. You sent us another letter that says the first letter was a mistake, that it was, it was our. They actually attacked the Harvard lawyers, including the Trump affiliated lawyers. You should have known that letter was a, was an error cuz we were in negotiations with you. What kind of negotiations end up with a letter on, on triple letterhead signed by three people in the Trump administration which says if you don't make these changes the next four months, the hiring, faculty, academia, curriculum, we're going to take away your money. And then oops, the dog ate my Harvard. Yeah, that's not how that works. Not when you're represented by a law firm like Quinn Emanuel who is the lawyers law firm trial lawyers extraordinaire headed by Bill Burke who is currently, not in the past currently the Trump administrator, the Trump Organization's Ethics Council. I mean, that's an oxymoron right there. Trump Organization and Ethics, Ethics Council to help guide them through the thicket of how to do business with the Trump administration. That Bill Burke, he's now representing Harvard and he brought in for no reason. He had no reason other than to stick it to Donald Trump to bring in Robert Her. Robert her was a US Attorney who was appointed by Trump in his first administration, who I'm sure Trump was rubbing his hands in glee about Robert her being appointed by Merrick Garland to go after Joe Biden and the whole garage full of documents issue. And now Bill Burke decides who can I get to run this case with me? Right. Class of 95, Harvard. And that's going to be Robert Her. So two Trump, I would say Trumpers, but two Trump lawyers, if you will, are up against him in Harvard. Now, I'm going to read to you from some of the, some of the complaint that was just filed and some of the reporting from the Harvard Crimson. Shout out to the Harvard Crimson, you want to know what's going on in a university support student journalism. So I'm going to tell you what happened there. I got some pages from the complaint. I could talk about some statements by Alan Garber, who's the president of Harvard. But, but let me just put this in context for one minute in case you were wondering why they would go after Harvard of all things, one of the top five institutions in the world, top two in America. But Yale and Harvard, neck and neck when it comes to research, cancer research, research, diabetes, medical, scientific, AI technology, It's Harvard. It's Harvard, MIT and other places. But why would you go after Harvard? You want to know how many people have on the United States Supreme Court right now, not even in the past, are not Ivy League graduates. Harvard graduates. 4. Four of the current nine went to Harvard Law School. If you add in Harvard undergrad, I think it's up to six out of nine. Here's the current lineup. Just so you know, I'm not making this up. The chief justice of the United States Supreme Court, John Roberts, is a double crimson. Harvard undergrad, Harvard law, class of 79. Elena Kagan on the other, on the other end of the aisle, on the moderate end. She went to Harvard Law in 1986. She was the dean of Harvard Law School from 2003 till 2009. Gorsuch, he went to Harvard Law School. Class of 91. Shout out to the class of 91, Duke Law, class of 91. Katanji, Brown, Jackson, double Crimson, Harvard undergrad, Harvard law, class of 96. I mean, why would you pick on Harvard? They have their own law school. They have their own alumni. And alumni, why would you go after them? A lot of federal judges at every level, including the Supreme Court, came out of Harvard. Bad move. Why would the wrong tree to bark up, I guess, is what I'm trying to say. Now, here's what. Just so we can keep everything straight, here's how the. And I want to do a quick shout out for this. Here's how the Harvard Crimson again supports student journalism. I went after a university of some reputation in DePaul and I got a lot of my information from the DePaul. Yeah. And here I'm reading it from the reporting of Dhruv Patel and Grace Yoon on the Crimson staff that it's just updated. Harvard sued the Trump administration. They report in federal court on Monday over its multibillion dollar cuts to the university's research funding acc, accusing the White House of undertaking an unconstitutional campaign to punish Harvard for protecting its constitutional rights. This is over the. The vanishing reappearing money. You got 9 billion. No, you lost it. You got 2 billion. No, you lost it. You got 60 million. No, you lost it. You're going to lose a billion. You're going to lose your tax status. F that, let's get to court. So after some major dental work to improve my smile, my dentist, who's a friend of mine, said, don't you want to protect the hard work we just put into your mouth? I mean, you wouldn't drive a car, a seatbelt, or an airbag, would you? And he had a point. 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That's 50% off. 50% off at S-H-O-P r e m I.com legal af with code legal a f thank you Remy for sponsoring this episode. Let's get into court. That would be my reaction. That's Harvard's reaction. The trade off put to Harvard and other universities. The complaint stated to the to the judge, allow the government to micromanage your academic institution or jeopardize the institution's ability to pursue medical breakthrough scientific discoveries and innovative solutions. That's your Choice. It's a 51 page complaint and asked for injunctive relief and to declare the $2.2 billion freeze unconstitutional as reported in the April 3 and April 11 letter. So the oops, you shouldn't have believed my letter, you know, thing where Donald Trump attacked once again lawyers did not work at all. I just find it's also interesting that that they decided to just roast Donald Trump and pick Trumpers for this. Here's what the introduction to the complaint says just to frame the issues. Scientific advancement and the pursuit of knowledge fuel America's innovation, economic success and global leadership. The commitment to expanding human understanding is foundational at American universities, including Harvard, the nation's oldest institution of higher learning. Right? Oldest university and first one to file against the Trump administration. Those things will be written on its tombstone. Since its founding nearly four centuries ago, Harvard students, faculty and researchers have helped identify and solve some of society's most pressing problems, including life saving advancements. In recent weeks, the federal government has launched a broad attack on the critical funding partnerships that make this invaluable research possible. And then they name other universities that have also been attacked. On April 11, this is the letter citing concerns of anti Semitism and ideological capture, the government identified 10 conditions Harvard must satisfy to receive federal funding already committed to by the government and relied on by Harvard, Harvard, its researchers and its affiliates. Like how are they ever going to do that? We have statements already that are in from from Alan Garber who's basically said we've been left with no choice before writing out, before taking punitive action. The law requires, Alan Garber wrote, that the federal government engage with us about the ways we are fighting, will continue to fight anti Semitism. Instead, the government's April 11 demands seek to control whom hire and what we teach today. We stand for the values that have made higher education a beacon for the world. We stand for the truth that colleges and universities across the country can embrace and honor their legal obligations and best fulfill their essential role in society without improper government intrusion. That is how we achieve academic excellence, safeguard open inquiry and freedom of speech, and conduct pioneering research and how we advance the boundless exploration that propels our nation and its people into a better future, says Alan Garber, who's also a Harvard graduate. So what's going to happen? Going to have to see. We got two cases, one by the Harvard faculty and one by Harvard, the college and its fellows, as they like to call themselves, filed against the Trump Organization. There'll probably be a motion to consolidate, but one of the judges, whether it's Judge Burroughs or others, are going to have to consider the injunction. Then we're going to go up to the First Circuit Court of Appeals up in Massachusetts, which will likely side with Harvard. No surprise. It's home cooking and on the way to the United States Supreme Court, up through a liberal or moderate justice first. And then it's going to go all to all the Harvard law and Harvard undergraduates on the Supreme Court. And let me answer the question that's going to be asked. No, they're not going to recuse themselves unless they're on the board, which none of them are, or they're on some sort of advisory task force. They're not going to recuse themselves because if they recuse themselves every time a university was involved, then, then we'd never have judges. Although with one caveat. They they screwed or they put the screws to Ketanji Brown Jackson when Harvard was a defendant in a case involving affirmative action, which went against Harvard and against affirmative action. And in her confirmation process, people like Ted Cruz made her commit that she would step off the day, a step off the bench for the case against Harvard because she came out of Harvard. But none of the judges are. I don't expect Ketanji Brown Jackson to be fooled again. And all of them are going to hear these cases, you know, and then I think within two weeks we'll be up the United States Supreme Court. Good on Harvard. This is good trouble to get in. And kudos to Quinn Emanuel, Bill Burke and Robert her for taking this case. Side note, I think what happened with Quinn Emanuel, because some people have asked me, how are they taking cases against the Trump administration when they're representing the Trump Organization? Trump goes after everybody. How come they haven't been blacklisted? Popo, how come they haven't been? There's been no motions to disqualify them. Why? By the Department of Justice. How come? Because I think there was a deal that was cut that Quinn Emanuel, who does not need the business. One of the most successful trial lawyers and law firms in the country, especially in litigation, said Trump said we need you, please, we need to quit Emanuel to do the ethics counseling. And they said we'll only do it on the Trump administration organization side. But if there's any case during your administration that we want to get involved with, you can't move to disqualify us or punish us. And he said, yes. And you see he's abiding by it right now because they're representing with the aclu, the Abrego Garcia case, the Abrego Garcia family, and now they're representing Harvard against Trump. Continue to follow it right here on the Midas Touch Network. Take a minute. Here's the plea part, my own plea deal. Support Midas Touch and its independent journalism and hit the subscribe button. Come on over to Legal AF, the YouTube channel Legal AF MTN. Help us continue to grow. We're adding 70,000 subscribers a month all because of you. Be our 70,000th and first hit the subscribe button and follow our Legal AF podcast wherever you get podcasts from, including the audio and video version. Wednesdays and Saturdays, 8pm Eastern Time on the Midas Touch Network. Until my next Legal A contribution. I'm Michael Poplak. 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 LegalAFMTN. That's @legalafmtn.
Legal AF by MeidasTouch: Episode Summary
Episode: Trump Mistake Lands Him Devastating New Lawsuit
Release Date: April 23, 2025
Hosts: Ben Meiselas, Michael Popok, Karen Friedman Agnifilo
Executive Producer: Meidas Media Network
In this episode of Legal AF by MeidasTouch, hosted by Michael Popok, the discussion centers around a significant legal battle between Harvard University and the Trump administration. The episode delves into the intricacies of the lawsuit, the strategic maneuvers by both parties, and the broader implications for academic freedom and political interference in higher education.
Michael Popok opens the episode by highlighting Harvard University's proactive stance against the Trump administration's attempts to withdraw substantial funding. He underscores Harvard's prominence as one of the world's leading institutions, emphasizing its substantial contributions to medical research, technology, and innovation.
"Harvard University is not waiting around to find out if Donald Trump made another mistake and is about to cut off billions of dollars of more funding after he used that excuse." [02:15]
Popok underscores the strategic importance of Harvard by noting its deep ties to the U.S. legal system, including its influence on the Supreme Court.
"How many people have on the United States Supreme Court right now... are Harvard graduates. If you add in Harvard undergrad, I think it's up to six out of nine." [15:45]
The core of the episode revolves around Harvard's legal action against the Trump administration. Popok outlines the sequence of threatening letters sent by Trump and his administration, which escalated the financial pressure on Harvard.
Initial Threats:
Subsequent Escalations:
Popok criticizes the administration's inconsistent and aggressive approach, questioning the legitimacy and rationale behind these financial ultimatums.
"If you don't bend the knee to Trump and give up your academic freedom... that's not how that works." [10:30]
Harvard's response is both strategic and assertive. The university filed a 51-page complaint in federal court, seeking injunctive relief and declaring the $2.2 billion freeze unconstitutional.
"Scientific advancement and the pursuit of knowledge fuel America's innovation, economic success and global leadership... The federal government has launched a broad attack on the critical funding partnerships that make this invaluable research possible." [25:10]
Alan Garber, Harvard's president, is quoted emphasizing the university's commitment to resisting improper government intrusion while maintaining academic excellence and freedom.
"We stand for the values that have made higher education a beacon for the world... without improper government intrusion." [30:05]
Bill Burke: Head of the Quinn Emanuel law firm, known for its exceptional trial litigation capabilities. Despite Quinn Emanuel's past representation of the Trump Organization's Ethics Council, Burke has pivoted to represent Harvard, showcasing the firm's legal versatility.
"Quinn Emanuel, Bill Burke and Robert Her are taking this case head-on against Trump." [35:20]
Robert Her: A notable figure, Her is a Harvard Law alumnus who previously served as a special counsel appointed by Merrick Garland in a high-profile document handling case against Joe Biden. His involvement adds significant legal heft to Harvard's case.
"Robert Her, appointed by Merrick Garland, is now suing against the Trump administration alongside Bill Burke." [38:45]
Popok criticizes the Trump administration's legal maneuvers, labeling them as inconsistent and aggressive, ultimately undermining their own credibility.
"They sent a letter on triple letterhead signed by three people in the Trump administration... and then oops, the dog ate my Harvard." [12:50]
The episode delves into the potential trajectory of the lawsuit, anticipating its rise through the judicial hierarchy to the United States Supreme Court. Popok highlights the irony of several Supreme Court justices being Harvard alumni, suggesting potential conflicts of interest or biases.
"The current Supreme Court justices, most of whom are Harvard graduates, are likely to hear these cases. But they won't recuse themselves unless directly involved." [50:10]
He references past instances where justices like Ketanji Brown Jackson were scrutinized for their Harvard ties but maintained their positions despite potential conflicts.
A significant point of discussion is Quinn Emanuel's simultaneous representation of both Harvard and entities aligned with the Trump administration. Popok addresses concerns about potential conflicts of interest and the firm's strategic positioning.
"Quinn Emanuel... they represent the Trump Organization's Ethics Council and now Harvard. It's a complex relationship." [55:35]
He speculates that a deal might exist where Quinn Emanuel can represent both sides without repercussions, highlighting their influential status in the legal arena.
Michael Popok wraps up the episode by commending Harvard's bold move to defend its funding against political pressures. He expresses optimism about Harvard's chances in the legal battle, expecting favorable rulings that uphold academic freedom and resist governmental overreach.
"This is good trouble to get in. Kudos to Quinn Emanuel, Bill Burke, and Robert Her for taking this case." [1:05:50]
Popok encourages listeners to stay tuned for further developments as the case progresses through the courts, potentially reaching the Supreme Court.
"Harvard University is not waiting around to find out if Donald Trump made another mistake and is about to cut off billions of dollars of more funding after he used that excuse." – Michael Popok [02:15]
"How many people have on the United States Supreme Court right now... are Harvard graduates. If you add in Harvard undergrad, I think it's up to six out of nine." – Michael Popok [15:45]
"If you don't bend the knee to Trump and give up your academic freedom... that's not how that works." – Michael Popok [10:30]
"Scientific advancement and the pursuit of knowledge fuel America's innovation, economic success and global leadership... The federal government has launched a broad attack on the critical funding partnerships that make this invaluable research possible." – Alan Garber [25:10]
"We stand for the values that have made higher education a beacon for the world... without improper government intrusion." – Alan Garber [30:05]
"Quinn Emanuel, Bill Burke and Robert Her are taking this case head-on against Trump." – Michael Popok [35:20]
"They sent a letter on triple letterhead signed by three people in the Trump administration... and then oops, the dog ate my Harvard." – Michael Popok [12:50]
"The current Supreme Court justices, most of whom are Harvard graduates, are likely to hear these cases. But they won't recuse themselves unless directly involved." – Michael Popok [50:10]
"This is good trouble to get in. Kudos to Quinn Emanuel, Bill Burke, and Robert Her for taking this case." – Michael Popok [1:05:50]
This episode of Legal AF by MeidasTouch offers a comprehensive analysis of the legal showdown between Harvard University and the Trump administration. Through detailed discussion and expert insights, it sheds light on the broader implications for academic institutions facing political pressures and the resilience of legal institutions in safeguarding constitutional rights.
For listeners seeking to understand the nexus of law, politics, and higher education, this episode provides an invaluable deep dive into one of the most consequential legal battles of the year.
Disclaimer: This summary is based on the transcript provided and aims to encapsulate the key points discussed in the podcast episode. For the full context and detailed analysis, listening to the original episode is recommended.