Trump Stunned as Judges Declare "Fraud on the Court"

Summary

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Legal AF by MeidasTouch

Episode: Trump Stunned as Judges Declare "Fraud on the Court"
Date: May 28, 2026
Hosts: Ben Meiselas, Michael Popok, Karen Friedman Agnifilo

Episode Overview

This episode centers on a dramatic development in the Trump v. IRS legal saga: a group of 35 former federal judges have jointly filed a motion to reopen a closed federal case, declaring there was "fraud on the court." The hosts break down the significance of this rare collective action, the alleged collusion in a Trump-DOJ legal settlement, and the broader implications for the justice system and American democracy.

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Key Discussion Points & Insights

1. The Unprecedented Brief by 35 Former Federal Judges

• Context:
  • 35 ex-federal judges—spanning district courts, appellate courts, and federal circuit courts—filed a brief urging Judge Williams in Miami to reopen a closed Trump-related case.
  • Among the signatories are notable figures like Judge J. Michael Luttig, a "conservative icon" and constitutional scholar, as well as Judge Ungaro, a former colleague of Judge Williams.
• Significance:
  • Quote ([05:05]): "You can't get 35 ex judges to agree on an order with sweet greens and so when they band together to file a brief... Well, you stand up and listen." — Ben Meiselas

2. Alleged "Fraud on the Court" in Trump v. IRS

• Allegations:
  • Settlement between Trump and the IRS/DOJ was collusive; both sides were controlled by Trump or his appointees.
  • The court was deceived into approving a settlement under false pretenses—“Trump v. Trump.”
  • The settlement enabled $1.776 billion to be distributed by a commission effectively controlled by Trump.
• Rule 60 Filings:
  • Rule 60 of the Federal Rules of Civil Procedure allows even "strangers" to a case to move for relief from judgment for “fraud on the court.”
  • The judges argue the court can, and should, act on its own authority (sua sponte) even if no parties request it.
  • Quote ([07:41]): “It's obvious when parties on both sides are committing the fraud... they're not going to raise it with the judge.” — Ben Meiselas

3. Why This Matters: The Role of Lower Federal Courts

• Checks and Balances:
  • The lower federal courts are positioned as the last institutional check on abuse of power and lawlessness by the executive.
  • Quote ([06:55]): “The only people who can save America are the lower federal court judges... and they are determined to do so simply by honoring their oath.” — Analyst
• Implication for DOJ:
  • The DOJ, under allegedly corrupt leadership, used federal courts and statutes for political ends, risking future abuse if not checked.

4. The Path Forward: Calls for Hearings and Accountability

• Requested Action:
  • The 35 judges request fact-finding hearings, to bring in all parties—Trump’s private lawyers, IRS lawyers, DOJ lawyers, and Trump himself.
  • Even if the court does not entertain the motion under Rule 60, it still has the inherent authority to act on its own initiative.
  • Quote ([14:05]): “Bring them all in... Let's get to the bottom of whether the court had been had.”

5. Broader Political and Legal Ramifications

• Urgency Despite Elections:
  • Even with the hope that midterm elections will check Trump's power, real legal remedies and declarations are essential: “You have to have a court pronouncement, a declaration that this is unconstitutional... because we have to teach the DOJ now, under the new corrupt management... a lesson or they'll do it again.” ([15:26])
• Potential Impact on Legal Precedent and DOJ Operations
  • An explicit finding of "fraud on the court" would set a powerful precedent and could safeguard against future executive abuses.

6. Notable Legal and Community Figures

• Shout-out to Andres Rivero:
  • Miami-based lawyer Andres Rivero, previously a guest, is applauded for challenging a land transfer favoring Trump, underlining the role of vigilant local legal actors.

7. Character Note on Judge Williams

• Background:
  • Judge Williams is described as respected, courageous, and independent-minded, having confronted powerful state officials before.
  • Quote ([16:25]): “She's done great work... She's gone after Governor DeSantis, Attorney General, Mr. Meyer a couple of times for violating her orders and violating the law. So she's no shrinking violet.”

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Memorable Quotes & Moments

• On the gravity of 35 judges acting together:
  • "You can’t get 35 ex judges to agree on an order with sweet greens..." — Ben Meiselas ([05:05])
• On the party’s “phony settlement”:
  • “This looked like Trump v. Trump. You know, he controlled every piece on the board.” — Ben Meiselas ([07:41])
• On the court’s role as last safeguard:
  • “The only people who can save America are the lower federal court judges... determined to do so simply by honoring their oath.” — Analyst ([06:55])
• On the need for a legal declaration:
  • “Because you have to have a court pronouncement, a declaration that this is unconstitutional, this is illegal, this is in bad faith, this violates the judgment statute. Because we have to teach the Department of Justice... a lesson or they'll do it again.” — Ben Meiselas ([15:26])

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Important Timestamps

• [05:05] — Introduction of the 35 former judges and the context of their filing.
• [07:41] — Explanation of the "fraud on the court" claim and Rule 60 mechanics.
• [11:05] — Excerpt from the judges' brief detailing the alleged collusion and financial maneuvering.
• [14:05] — Calls to bring in all lawyers and Trump for fact-finding.
• [15:26] — The necessity for a court declaration—not just legislative remedies.
• [16:25] — Descriptions of Judge Williams’ courage and independence.

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Conclusion

This episode spotlights a rare and significant moment in American legal history, where an extraordinary coalition of former federal judges has intervened in a Trump-related case, calling for an official reckoning on judicial integrity and transparency. The hosts dissect the legal mechanics, the underlying collusion claims, and the crucial role of the judiciary in preserving the rule of law, urging continued public vigilance and legal accountability.

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Subscribe to Legal AF and the MeidasTouch Network for ongoing coverage at the intersection of law and politics.

Transcript

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[Legal AF Host]

You can't get 35 ex judges to agree on an order with sweet greens and so when they Band together to

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file a brief to implore a federal

[Legal AF Host]

judge down in Miami, who I know, Judge Williams, to reopen a case and find that there was fraud on the court, that she had been deceived in the case involving Donald Trump, his private lawyers, the Internal Revenue Service and the Department of Justice. Well, you stand up and listen. And when one of those judges that signed off on it is J. Michael Ludig, who I've interviewed, I don't know, a dozen times here, and as a conservative icon, member of the Federalist Society and constitutional scholar extraordinaire, should have been our Supreme Court chief justice instead of John Roberts. Well, you think, well, let's hear more pop. And when I tell you that another of the 35 judges is one of the former colleagues of Judge Williams, Judge Ungaro, and they're, I'm sure they're kind of close then you, then I hope I have your attention. Let's talk about the new filing. I'll give you the top line. I'll give you the inside baseball. From my perspective as somebody that practices in this particular courthouse with these judges,

[Legal AF Analyst]

in almost every single instance, those judges collectively have struck down as unconstitutional essentially every single initiative of this president as the Constitution required them to do so, that today the only, well, today the

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only

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people who can save America are the lower federal court judges of the United States of America. And they are determined to do so simply by honoring their oath in every one of these cases.

[Legal AF Host]

Let's get down to it. How can.

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First question.

[Legal AF Host]

I'm taking questions. First question. How could people who were not parties to the case, they're strangers to the case involving Donald Trump suing his own Internal Revenue Service with the complicity of the Department of Justice that he controls in order to come up with a phony settlement. How can they bring this motion to

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have the court use her fact finding

[Legal AF Host]

powers to declare a fraud on the court at all? Because it's obvious when parties are both sides are committing the fraud or the alleged fraud, they're not going to raise it with the judge. And as the judge has already ruled or was close to ruling, she doubts whether there was an adversarial process going on at all. This looked like Trump v. Trump. You know, he controlled every, every piece on the board. And so she was about to dismiss the case for lack of adversarial process, lack of jurisdiction. And now under Rule 60 of the Federal Rules of Civil Procedure. Yeah, I brought the receipts. You, as a stranger to the case, can, can implore the judge to, to use her Powers, especially when you're 35 former federal judges. And here's how they frame it in their motion. This is all about the phony settlement. Let me do a quick timeout. I said at the beginning in one of my hot takes, that Judge Williams, who I know well, I appeared in front of, she should have not closed that case and allowed the dismissal without having seen the settlement papers. I, especially after a day later, they, they, the Department of Justice, demonstrated that they had used the federal court system. They had used Judge Williams. She'd been used. She been had. Because they mentioned the lawsuit. Because the lawsuit, if it's in good faith having been brought, which it wasn't, can be the basis for a settlement by the Department of Justice using the judgment fund, the statutory judgment fund, which is used to compensate victims. But if you don't have a good faith case, then you don't have an ability to settle, then there's no fair consideration. And the Department of Justice can't use the judgment fund, which, which is this weaponization fund that we've been talking about. So this is the very heart of the matter. And in their settlement, which they refuse to give to the judge, they talk about the lawsuit. There was a lawsuit, a whole bunch of recitals. There's a settlement, and here's the case number just to show it was legit. And they even go so far, the lawyers for the plaintiff, which is Donald Trump's personal lawyers, they even go so far as to say, well, we were going to even amend the lawsuit. We were going to make it into a class action involving many other victims in a case that the judge, Judge Williams, was about to dismiss to, she already questioned its legitimacy. You were going to amend a suit she was about to throw out a window. Okay, so when I saw that settlement agreement and the amendment to the settlement agreement on May 19, where Todd Blanche said, oh, by the way, we're going to let the Trump family off the hook for 16 years of tax audit exposure. I was like, wait till Judge Williams sees this. No, Nothing happened. Enter 35 federal judges. Here's what they say. Page one movements are 35 former federal judges. A full list is attached, and it runs the gamut. District court judges, appellate court judges, federal circuit judges, and Judge Ungaro, who was part of the Southern District of Florida, where we're talking about the purported settlement that the parties never placed before this court, raises profound questions about the party's

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candor towards the court.

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See, that's one of the top ethical rules that we have to abide by. As court officers that were sworn to abide by candor to the tribunal and the manipulation of the judicial system that goes on, which threatens to undermine the confidence of the administration of justice. So they file under Rule 60, which allows strangers to the case to raise to the court's attention an issue of fraud on the court. By the way, the judge has her own inherent authority, sua spontane, on her own. Without any party to raise the same issues. They go further. The court on page two. The court, you were deceived. Despite plaintiffs not having mentioned any settlement in their notice of dismissal, the Department of Justice publicly announced a settlement of this action shortly after plaintiffs filed their dismissal. The settlement in quotes commandeers the contrived sum of 1.776 billion from the United States treasury to be handed out to recipients chosen by a commission effectively controlled by the president. They're, they're being nice. It's handing out money to those that beat up cops. Um, they then go on to say on page four, movements 35 federal ex. Federal judges submit that this settlement is a product of collusion. It is itself a fraud on the court. But the court need not decide the ultimate issue now under Rule 60, they want her to hold fact finding. Get everybody into the room. At the same time.

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They're all Trump controlled. Trump's private lawyers and Coral Gables, Trump's IRS lawyers, Trump's Department of Justice lawyers. Bring them all in. Trump. Let's get to the bottom of whether the court had been had. They say on page eight, even if the court declines to entertain this motion under Rule 60, it has the authority to issue sua spontane relief to that means a sus monte is what a court can do inherently without being requested to do so by parties on her own initiative, of her own accord, and they want her to do that. They say that the fraud on the court has been established by clear and convincing evidence. They go through the evidence, and what they really want to do is reopen the case. I know the top line for some of the media was parties moved to reopen case involving Trump vs. IRS, yet not to improve it, but. But to have a declaration that there's been a fraud in the court. Because if Trump, you know, some people have asked me popak, the Senate killed it, right? They're not going to fund it. Why are we still in court? Because you have to have a court pronouncement, a declaration that this is unconstitutional, this is illegal, this is in bad faith, this violates the judgment statute. Because we have to teach the Department of Justice now, under the new corrupt management of Todd Blanche, a lesson or they'll do it again. You know, as much as we like to talk about the midterms making Donald Trump the lamest of lame ducks, which it will and powerless if the Democrats get the House and the Senate, we still got, you know, two years after that. So it's only the midterms, only halftime, folks. He can do a lot of damage between now and then. I want to do a quick shout out. Andres Rivero. Rivero Mestre is the local council. I know Andres well. I've had him on the show to talk about his lawsuit. That stopped for a minute anyway, the transfer of land for free from a college in Miami by way of Ron DeSantis, the governor, directly to Donald Trump's foundation to build his library, a $300 million plot of land that would have been good if that money had gone to the university, the Miami Dade College, because their entire endowment is only less than $300 million. I'm going to try to get Andres Rivera back on the show to talk about this filing as well on legal AF and on Midas. Now, the other thing that I spotted in going through the appendix which listed all of the federal judges is Judge Ursula Ungaro Is. Is the only Southern District of Florida judge listed. Now, if I were them, and I'm going to have Judge Ludic back on the show, if I were them, I would love to ask if they tried other Florida judges and they were refused or they didn't think to do it. My understanding is that Judge Ungaro and Judge Williams know each other and are close. In particular, Judge Williams, before she became a federal judge, had been a federal public. No, not a federal public defender. The federal public defender, like the U.S. attorney, is the top person in a district on the prosecutor side. The top person on the defense side is the federal public defender. And she was the federal public defender for Miami, I think also for Orlando in Orange county, for. For the middle District of Florida. Very well respected. The judges, knew her, well respected her, and she was one of those people that just needs to be on the bench. She's done great work. She stopped Alligator Alley from being developed for a period of time. She's got no problems, got a lot of courage. She's gone after Governor DeSantis, Attorney General, Mr. Meyer a couple of times for violating her orders and violating the law. So she's no shrinking violet. I'm hoping that this, this motion, which will be opposed by the Department of Justice, I'm sure by the time this hot take goes up, we'll be reporting on the opposition paper, but it's going to be up to her. I think she should hold an oral argument. I think she should have a hearing, and I think she needs to make a ruling, and it should be to reopen. I was sort of hoping, as I said, that when she saw the settlement agreement that she realized she had been had. We'll continue to follow it the way we always do at the intersection of law and politics here on the Midas Dutch network and on legal Afghanistan. So until my next report, come over to Legal AF YouTube channel, hit the free subscribe button. While we continue to grow our Pro Democracy channel.

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