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This episode is brought to you by Onnit. Ever feel like your brain just won't click? Onnit Alpha Brain is a daily supplement engineered to support memory, focus and mental speed. Made with science backed ingredients, Onnit Alpha Brain helps you lock in, tune out distractions and stay sharp. Unlock your flow state. Visit onnit.com for 15 off. Subscribe and save and get on the zone. Charlie Sheen is an icon of decadence. I lit the fuse and my life turns into everything it wasn't supposed to be.
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He's going the distance. He was the highest paid TV star of all time. When it started to change, it was quick.
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He kept saying no, no no, I'm in the hospital now but next week I'll be ready for the show. Now Charlie sober, he's gonna tell you the truth. How do I present this with any class?
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I think we're past that Charlie.
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We're past that. Yeah. Somebody call Action AKA Charlie Sheen. Now playing only on Netflix. If you're alignment in charge of keeping the lights on, Grainger understands that you go to great lengths and sometimes heights to ensure the power is always flowing. Which is why you can count on Grainger for professional grade products and next day delivery. So you have everything you need to get the job done. Call 1-800-GRAINGER click granger.com or just stop by Grainger for the ones who get it done.
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Well, Donald Trump hates the publicity and the news reporting he's getting out of his UK visit. He hates what Cash Patel has done to him by his failed performance before the House and Senate Judiciary Committee. So right on time we have a new filing, the emergency application filed by the Solicitor General John Sauer to try to get Lisa Cook of the Board of Governors who just voted for a rate cut to get her off of the Federal Reserve so Donald Trump can get complete control so that he can go from having three votes about interest rates to having seven votes about interest rates or eight votes about interest rates. Cuz he's got to get rid of Lisa Cook first. And they've been trying to frame her for mortgage fraud, which is untrue and false and the exact same thing that they claim she did. Four different members of Donald Trump's cabinet has done, including the Treasury Secretary and the person that's accusing her of having committed mortgage fraud. His own parents committed mortgage fraud, if that is mortgage fraud and property tax fraud to boot. And now you've got the emergency application. Wait till you hear what they're arguing to the United States Supreme Court on the emergency application. I mean, of course, if I had an 84% winning streak on emergency applications on shadow dockets, I'd take a shot too. But this is a ludicrous, ridiculous legal analysis. I'm giving it too much credit just calling it a legal analysis. I'm Michael Popak, you're here for the legal analysis on the Midas Dutch network and on Legal af. Let's talk about the application. This is a shadow docket, meaning the first stop on the shadow docket is the John Roberts. Lisa Cook is still on the Federal Reserve. She just voted in the Federal Open Markets Committee meeting yesterday along with 12 other people. 11 other people, 11 to 1. They voted to cut rates a quarter of a point. Now they're trying to get her off before the next meeting. All this has to do with whether she took out two primary mortgages, primary home mortgages on two different properties. You can only have one primary mortgage, only one primary residence. Everything else is your secondary home, your second home, your vacation home, your rental property. Why does it matter? Because sometimes banks gives, sometimes banks give you a rate cut if it's your primary residence. The theory being you won't default on the place that you live. That's not what she did. That's not what the evidence shows. But they keep arguing it even though it's wrong, hoping to make it so. Their first argument in their brief, which I'm going to post on Legal a F sub stack, is that you, you as a court can't even review a Supreme Court. You can't even review the actions of the President because when there is a for cause requirement to fire somebody that Congress has given to the President, but they haven't told the President what the for cause can be. The President has free hand to declare the four cause reason that the bad conduct reason, anything that that President declares it to be, and it's not reviewable by the federal courts. How Convenient. So in other words, the four cause is whatever Donald Trump says it is and it can't be reviewable. And for that point, John Sauer couldn't help himself. He had to mention the immunity decision, the one where the, where the Trump administration, where Donald Trump won and got immunity from criminal prosecution, in which they also made comments about the robust powers of the Presidency and Article 2. He loves talking about that case that he won. He also spends a considerable amount of time talking about Black's Law Dictionary, but spends zero amount of time talking about a May of this summer decision just several months ago by the United States Supreme Court about 4 cause and the federal Reserve in the Wilcox case, which is not discussed anywhere. Tellingly in this, in this new submission, the Supreme Court in handling another matter involving the National Labor Relations Board, said out loud that the Federal Reserve and the chairman or others can't be removed from the Federal Reserve without for cause, that Congress put that protection in and the Supreme Court was going to allow that protection to stand because of the unique history and quality of the Federal Reserve as an independent central bank. Even though they're letting, the Supreme Court is letting Donald Trump fire everybody, all the commissions, all the agency heads, everybody he doesn't like, but not the Federal Reserve. They said the hands off. You have to have a, you have to have a for cause. Now, for cause has been defined in case law to mean generally inefficiency, neglect of duty and malfeasance. And that's what was applied by the judge, Judge Cobb, when she handled the case at the lower level. Judge Cobb found that Lisa Cook's due process rights were violated because she has a property interest in the continuation of her 14 year tenure as on the, on the Federal Reserve until 2038. That gave her Fifth Amendment due process rights. That issue was upheld 2 to 1 by Judge Garcia and Judge Childs, by the appellate court just above them, finding that yes, she has a due process right, the due process right was violated and therefore her firing is blocked. Due process means you're given an opportunity to defend yourself in some sort of hearing setting. There's a determination, there's a hearing and you get due process. She got no due process. You know what the due process is that John Sauer tells the Supreme Court she got? There was a mean tweet, a social media posting by Bill Pulte. He's the Nepo baby, you know, billionaire son of Mark Pulte Homes Construction, who bought his way on to Freddie Mae and Fannie Mac, the mortgage liquidity provider, in order to be Donald Trump's henchmen. And he goes after Democrats, only Democrats only for purported mortgage fraud. And he posts, you know, these, these half ass incomplete documents. Oh, I got two, two pages with Lisa Cook signature on it. She took out a mortgage in Michigan and a Mission and a Michigan and an Atlanta mortgage in Georgia at the same time. Primary residences. Yeah. Reuters broke the news. If you had done your research, Palti, that the credit union that Lisa Cook got her mortgage from had known that it was her second home. She declared the Georgia property to be her vacation home. She did not take the mortgage, the property in Georgia as her primary residence for property tax abatement or cut. She took that in Michigan.
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Hey everybody, Ben Meisellis here from the Midas Touch Network. I wanted to let you know about my podcast partner Michael Popo's new law firm. It's called the Popak Firm. Michael Popo's pursuing his dream of starting his own law firm. Really based on the popular demand by all the Midas mighty and legal A effers who are approaching Michael Popak with their cases and saying, can you help us? And at that time, Popak was not able to. So he went out on his own. He started the Popoc firm where he is now handling catastrophic injury cases like car accident cases, trucking cases, malpractice cases, big negligence cases, wrongful death cases. So if you or someone you know have a case like this, the consultation with Popo firm is free. Give them a call, see if you have a case. It's thepopoc firm.com thepopoc firm.com or you can call 877-popakaf so 1-877-p-o p o k a f give Michael Popak a call. And I'm really proud of you, Popak. Thanks for all the hard work you're putting in.
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But you know who violated this? If this is the definition of mortgage fraud, you know who committed mortgage fraud? Bill Pulte's parents. Because his parents, Mark Pulte and his wife have a house in Florida. Primary residence declared homestead and a property in Michigan. Same thing. In fact, they got a tax cut on property taxes and now the tax assessor has clawed back $200,000 from the Pultees because they can't live in two places at one time as primary residences. You know who else has the exact same issue? As reported by Bloomberg and ProPublica, at least four members of Donald Trump's 15 member cabinet, including the Treasury Secretary Scott Bessant, who went on air to attack Lisa Cook when He has the exact same issue from two properties he purchased in Massachusetts on both listed as primary residences in 2007. But they keep pressing this hand. Now. They've called it the apparent unexplained mortgage fraud. If you go to page three of the brief and he repeats it, he says on the bottom of page three three, that the district court alternatively held that the President's reason for removing Cook, apparent unexplained mortgage fraud is not permissible for cause. There's nothing apparent about it. She has an explanation. If she was given due process, she would have fixed that. She would have fixed that explanation. They instead rely heavily on Judge Katz in the 2 to 1. In the dissent of the 2 to 1 decision from a few days ago, in which Judge Katz is a Trumper, said she doesn't have a property right in her continued employment as a federal officer, and therefore she has no due process rights. You can't review what the President does. Whatever he says is cause is cause, and that's what Congress has delegated to them. Then what's the difference between for cause and at will? What's the difference between for cause or fire at will? You know, the Supreme Court went out of its way in May, which of course, Sauer never addresses, went out of its way in May to say you can't fire anybody in the Federal Reserve, at least the chairperson, without for cause. If there's no difference. If all you have to say is, I don't like the way you look and there's no due process and you can't challenge it, that's the exact same thing as firing the person without cause. So why was the Supreme Court all hot and bothered about writing an entire piece in a case not about the Federal Reserve to say don't fire the Federal Reserve except for cause? Never explained in the brief. Lots of references to Black's Law Dictionary, which is ridiculous, but nothing, nothing explained there. Then on page six, they talk about this Bill Pulte BS charge against her, if you want to call it a charge. Bottom of page six. On August 15, the director of the Federal Housing Finance Agency, William Pulte, sent a criminal referral letter to the Department of Justice director. Pulte identified two mortgage agreements that Cook enter into within two weeks of each other in June and July 2021. One for a house in Michigan and one for a condo in Atlanta. In each agreement, she stipulated that it would be her primary residence. And then on August 20, Trump and Cook publicly released the reference on social media that he was going to fire her. And then he never. She never gave an explanation. So that's how she got fired. That's due process, everybody. Judge Cobb, during her hearing was like, you're not suggesting that the social media posting and then a gap of five days in which she didn't, quote, unquote, defend herself is due process, are you? And they said, yes. And then, of course, the court of appeals said, that can't possibly be due process, and, and sustained her ruling on that ground. Then when you get down to page 24 of the brief, this is where whatever Trump says goes. It says bottom of 24. Finally, the district court worried that the government's argument would mean that in practice, the President could remove members of the Federal Reserve at will. That's incorrect. If the President provides no reason at all for removing a member, a court could properly review that decision. But once the President identifies a cause, judicial review must cease. That's all he's got to do. He's got to come up with a bullshit reason, and that's enough to fire her. Okay, here's what should happen. The United States Supreme Court, properly applying their own precedent from May in a case with Trump's name in it called Trump and Wilcox, should deny this emergency stay. Judge Roberts should not issue an administrative stay. She's still in her job. The status quo means she's still in her job and it shouldn't be disturbed. And if the issues a stay and takes her out of her job, he's disturbing the status quo. Is there enough votes, four or five, to grant this petition on emergency relief and to take Lisa Cook out of her job to destroy the independence of the Federal Reserve? That's a good question. And we'll continue to follow it right here on the Midas Dutch network and on Legal af. I don't think this should be an emergency application. I think the stay request should be denied. I don't think an administrative stay should be issued either. But we're going to get full briefing on this, whether it's shadow docket or otherwise. I'm sure we're going to get an oral argument and you can follow it all on Legal AF YouTube, and you can read the new filings on Legal AF substack. 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 over to 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 Legal AOF are there as well. We got some new reporting, we got interviews, we got ad free versions versions of the podcast and hot takes where Legal AF on substack. Come over now to free subscribe.
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