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Michael Popak
I'm ready for my life to change.
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Give it your all. Good luck.
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Let's hear it. This is immense world. I've never seen anything like it.
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You're going to Hollywood.
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Michael Popak
Hear that gurgling sound? That's the Trump Department of Justice and its beleaguered lawyers who are drowning under the weight of almost 100 lawsuits filed in the first 35 days. And it's bursting out into the open in court hearings in front of federal judges. Maybe if you decide you're going to conduct your administration through the frequent issuance of illegal and unconstitutional executive orders, maybe you better have the people power ready to go with the Department of Justice. And that's one area that maybe Elon Musk shouldn't be swinging the Ask the ax. But it's great for our democracy and for the rule of law and more importantly for the lawyers and law firms on the other side of the Department of Justice because for once in life they are out gunning the Department of.
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Michael Popak
I'm Michael Popox, slightly giddy here on the Midas Touch Network and on Legal af. We always thought there would be an impact on the cost cutting and the hollowing out of federal workers. I mean, every time we have to do a report about another dozen or two dozen or 100 or 200 DOJ members who were retaliated against because they used to work in the Biden Justice Department, even though they're career bureaucrats, career prosecutors and staffers. Been there forever. Well, what do you think happens every time you hear about Elon Musk swinging the act ax or, or Pam Bondi doing it? There's no MAGA replacement for these people right behind it. They just show them the door with their little box of stuff and there's nobody to replace them. So what does that mean? It is aberrational for there to be 100 lawsuits in the first 35 days. I'm supposed to be talking about whatever the accompl punishments are for an administration in the first hundred days. Instead, I'm talking about the first hundred lawsuits in the first 35 days. And behind every lawsuit there's five or six Department of Justice personnel that have to handle the case and they don't have enough staff, apparently. I'll go over the. It's now 95. And all the preliminary injunctions and all the temporary restraining orders and all the appeals, the various appellate courts, a couple of that have trickled out to the United States Supreme Court. But I'm pulling it all together with this. Listen to this back and forth between a Department of Justice Assistant U.S. attorney and Judge Chang in Maryland about the USAID, the attempt to shutter our diplomacy and cut off billions and billions of dollars of federal aid to organizations overseas through American contractors and workers, by the way, and their paychecks to help on a humanitarian basis, people in need and people that are dying around the world. So they got into it over the judge getting fed up with the Department of Justice slow footing the case. And here's, here's the back and forth has been reported. Judge, why do you. Why do we get a declaration but there's really no documentation of anything there. Mr. Morocco, who runs USAID for now says every decision was approved by Secretary Marco Rubio. I've got no Documentation, a letter, an email showing that the secretary, Marco Rubio, approved anything. Right. You know, judges get a little squeamish when they're in courts and they're supposed to be the trier of fact, and there's no facts presented through evidence. The US Attorney Gardner responds, I think it's important that everyone understands the context here. Since January 20th, we have received approximately 80 lawsuits. It's 95 now. And our staff at the Justice Department's Federal Programs Branch has been cut in half. Well, who. Let's stop right there. Whose bright idea was that? Whose bright. Donald Trump had no problem spending $30 million a month on his personal lawyers when he was being prosecuted all around the country and grifting and getting donations to pay them. What about the Department of Justice? So this is the moment when this U.S. attorney decided that they were going to cry on the shoulder of the judge. I've been a federal litigator for 35 years. I can tell you that there is no time that is appropriate to cry on the shoulder of a judge. I've met judges that I've argued in front of, judges that are supremely engaged, supremely competent, supremely annoyed, supremely prepared, sometimes ill prepared, but I've never met any that I could characterize as comforting. Let me just get. I mean, sometimes I like the results, but not. Not the demeanor. And I know some of these federal judges, just to be fair, I knew them as lawyers. I knew that when they were state court judges became federal judges. I've gone out to lunch with them. Doesn't help. So I don't think this was the time for this person to complain about funding and the fact that they haven't gotten a day off. But. But this lawyer continues. Um, it's been cut in half. We have about half the number of staff that we had in November, November being the Biden administration period. And we're working on these expedited schedules. Dot, dot, dot. Judge jumps in. Morocco could have provided more in his declaration. It wouldn't have taken extra work on your part to seek more documentation. In other words, you're a lawyer, asked for the documents. If it really was a decision decision by U.S. aD there should be a piece of paper or an electronic message from Secretary Rubio saying, I am approving it. Morocco said he had the authority. Morocco would have had access to something that was signed. Why don't we have that? I'm not trying to be obsequious. We're doing the best we can. Gurgle, gurgle the gurgle Girl gurgle gurgles My part to get as much information as possible. The judge. You're saying that the Justice Department isn't taking this case seriously. Now, every hair on the. I don't. You know, I'm not standing behind the judge, but I will tell you that every hair on the back of the judge's neck is now standing up. Okay. And he's grown a few more gray hairs talking to this lawyer. You're trying to tell me that you. The Justice Department isn't taking this case seriously? They're not staffing it sufficiently? Lawyer drowning. It's the opposite. I haven't had a day off since January 20th. The mock sobbing is mine.
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Michael Popak
Judge, I understand that they're cutting people across the government. If you're saying you don't have enough people, maybe that's part of the problem. I mean, if USAID can't respond to lawsuits, maybe they need more people. I don't know. I wasn't in the room. I'm reading it from a dry report. I don't know if the judge chuckled at all during that, but it was a sad state of affairs. What has happened to that proud institution called the Department of Justice under Donald Trump as his own Attorney General with a meat puppet by his side named Pam Bondi. They're busy writing letters about firing people and hiring ultimate fighters to train the FBI. And let's get to the bottom of the Jeffrey Epstein files and having these ridiculous performance formative Kabuki theater in the Oval Office handing out binders, but they can't staff the 95 cases properly.
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Michael Popak
I've been up against the federal government in my career probably 30 times, maybe 40 times in some capacity, including trials and jury trials and that civil investigations, criminal investigations and the like. What we always tell our clients is that we are outnumbered, we are outmatched, and we are outgunned at the very start. That there is usually an asymmetry between what a private lawyer can do in terms of resources and what the government who represents the United States of America, what they have at their disposal. We always used to tell them it's unlimited. It's a mindless group of prosecutors and FBI and they'll just put more people on it and more people on it. And we're out. We're three people. It looks like the days of plaintiffs lawyers or defendants in this case, plaintiffs lawyers, the days of them being outmatched by the Department of Justice are over. We now have parody. This is like the NFL. This is like why it's eight. Every, every team is usually eight and eight, something like that. Because now the Department of Justice looks like it's five people running around trying to defend 95 cases in a dozen different courthouses around America. Let me just tell you if this is what is bursting out into the open, almost a lawyer bursting into tears about not having a day off since January 20th. Right. I think that person glitched. I think that person is going to be taken out in the back and reprogrammed by, by the Trump maga. But that's for another day. Let me give you an overview of the cases before I leave this hot take. There are 95 cases as of this recording. Let me tell you how it breaks down in general in big numbers, big components, big puzzle pieces. 16 of the cases deal with immigration or citizenship. So far, of those 16 cases all coming out of these executive orders, there's been five preliminary injunctions and Two temporary restraining orders. Okay. Again, keep it. Let's keep the timeline on the x axis. Okay. This is 35 days in 16 cases. Immigration and citizenship. There are 26 cases about federal workers and doge. And you can translate that to Elon Musk cases. 26 cases resulting in two temporary restraining orders and two preliminary injunctions and one order on discovery to attack the independence of boards that are bipartisan or boards that Donald Trump has done. There are five cases and one temporary restraining order about the US Aid coming out of the State Department to help humanitarian. Humanitarian relief efforts around the. Around the world. There are four cases and one temporary restraining order about the. The Consumer Finance Protection Board, another thing that the MAGA wants to destroy. There are two cases about the inspector general, Inspectors general's file filing. There are two cases about cutting off domestic funding and impounding those funds. There are four cases and two temporary restraining orders. A little covered area about the National Institute of Health and its reimbursement policy, which goes to research, like to find cures for cancer. There are three cases and a temporary restraining order about that, just to show you the disproportionate focus, warped focus of this administration. There are nine cases involving transgender issues, transgender athletes, passport policies, gender affirming care, transgender people in the military, and transgender prisoners. Nine cases just about their attack on the transgender community. There's one temporary restraining order and one preliminary injunction related to that about diversity, equity, inclusion policies. Right. Getting rid of them all, just letting white people get all the jobs, I guess, is another way to put it. There are seven cases about the FBI and the Department of Justice, mass firings. Which goes to the issue I started the hot take with. There are two cases about the environment. There are two cases. So if you add all those big pictures up, you're coming up with the 95 cases that are out there. The success rate so far in the more than 40 preliminary injunctions and temporary restraining orders is. Is hovering above 90%. There's been a few losses here and there. There's some that I've done about the Supreme Court not on US Aid, you know, wanting full briefing before a restraining order, compelling $2 billion worth of payments to be made goes out. But by and large, if you told me in November 5th or January 20th that we'd file as a collective against the Trump administration, rogue policies, depraved policies, value American value, list policies, that we would file 95 cases and be winning 90% of them at this juncture, sign me up. It's higher than the percentage in the first administration. First administration, the winning rate was about 80%. Between 80 and 90%, now it's over 90%. Why? Because Donald Trump has gone mad cuz he's gone round the bend because he's demented, he's depraved. I mean, there's no other way to watch him acting out. Foreign policy, domestic policy, funding policy, executive orders. What, what floats his boat and lights up his face every day without thinking, yeah, he's not there. There's no executive functioning in the executive branch, you know, if you know what I mean. So we would take it in a heartbeat. I'll continue to follow it. But news, you know, meet me at camera one. As somebody once said to the Department of Justice, trying to cry on the shoulder of federal courts because your administration's executive orders are illegal and unconstitutional. And by signing 50 or 60 executive orders, it's resulted in 100 lawsuits in 35 days is not the problem of the federal courts. And they don't want to hear that you aren't prepared because of your funding or because of your personnel cuts and somebody trying to hollow out your personnel musk. They don't want to hear about it. And the good news for the plaintiffs, the attorneys general, the public interest groups, the NGOs, the non governmental organizations, the, the attorneys general. Good news for them is that they're no longer outmatched by the resources, power and sheer volume of personnel at the Department of Justice because they're not funding it or budgeting it or assigning personnel to it at the appropriate amounts. Take advantage of it now. I'll continue to follow all of this. That was a big picture. Michael Popak here, Legal af. I do my work in two places here on the Midas Touch Network since the beginning, for the last five years at the intersection of law and politics. Also, we have a channel together called Legal AFMTN from Midas Touch Network. They're five, six, seven, eight videos a day catching you up in the intersection of law and politics at a granular level. But we make it and we make it informative and entertaining. I have Court Accountability Action with me there. Shan Wu, Dina Dahl, Karen Freeman, McNiffalo, myself, join us at the Legal AF YouTube channel. Then Legal I have the podcast. This is, we have Legal AF at all, all different sizes for you in all different types. Legal I have the podcast Wednesdays and Saturdays at 8pm Eastern Time. Come on, you can do this with me on this YouTube channel, Midas Touch, and then on audio podcast platforms of your choice. We're regularly regularly in the top 10 worldwide as a podcast.
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On the number one Midas Touch Network. And then I got a new show called Popoc live. Tuesday nights, 8pm it's me right here. Intersection of law and politics. I'm unhinged. Occasionally unfiltered, untethered, uncensored. All on the Midas Touch network. So until my next reporting, I'm Michael Popak. In collaboration with the Midas Touch Network, we just launched the Legal AFT 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 @legalafmtn. That's legalafmtn.
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Legal AF by MeidasTouch: Episode Summary
Episode Title: Trump’s DOJ Cries to Judge About Its Missing Staff
Release Date: March 4, 2025
Hosts: Ben Meiselas, Michael Popok, Karen Friedman Agnifilo
Executive Producer: Meidas Media Network
In this compelling episode of Legal AF by MeidasTouch, host Michael Popok delves deep into the tumultuous landscape of the Department of Justice (DOJ) under former President Donald Trump's administration. The discussion centers around the DOJ's assertion to a federal judge regarding its severe understaffing issues amidst an unprecedented surge of lawsuits challenging Trump's executive actions.
Michael Popok opens the episode by highlighting the DOJ's current predicament: “Hear that gurgling sound? That's the Trump Department of Justice and its beleaguered lawyers who are drowning under the weight of almost 100 lawsuits filed in the first 35 days” (02:17). This dramatic metaphor sets the tone for the episode, emphasizing the overwhelming number of legal challenges the DOJ faces.
The DOJ is reportedly handling 95 lawsuits within just over a month, a staggering number that underscores the administration's aggressive use of executive orders. Popok critiques the administration's approach: “Maybe if you decide you're going to conduct your administration through the frequent issuance of illegal and unconstitutional executive orders, maybe you better have the people power ready to go with the Department of Justice” (02:17).
A significant portion of the episode is dedicated to a detailed account of a courtroom exchange between a DOJ Assistant U.S. Attorney and Judge Chang in Maryland. Popok narrates the heated dialogue where the DOJ representative pleads their case, citing staff cuts and overwork: “Since January 20th, we have received approximately 80 lawsuits. It's 95 now. And our staff at the Justice Department's Federal Programs Branch has been cut in half” (03:06).
Judge Chang's response is sharp and critical: “Morocco could have provided more in his declaration. It wouldn't have taken extra work on your part to seek more documentation” (03:06). This exchange highlights the DOJ's struggles to keep up with the legal onslaught, raising questions about the administration's preparedness and the rule of law.
Popok underscores the impact of staffing reductions within the DOJ: “Our staff at the Justice Department's Federal Programs Branch has been cut in half” (03:06). He connects these cuts to broader staffing issues, pointing out the administration's lack of MAGA-aligned replacements: “There's no MAGA replacement for these people right behind it. They just show them the door with their little box of stuff and there's nobody to replace them” (03:06).
The episode criticizes the administration's approach to managing federal personnel, suggesting that mass firings and insufficient staffing have crippled the DOJ's ability to effectively handle the surge in lawsuits.
A substantial segment of the discussion is devoted to categorizing and analyzing the 95 lawsuits filed against the Trump administration. Popok provides a comprehensive breakdown:
Immigration and Citizenship (16 cases): Includes issues arising from executive orders affecting immigration policies.
Federal Workers and DOGE (26 cases): Pertains to cases related to federal employee policies and the Department of Government Ethics.
USAID Funding (5 cases): Challenges to efforts to cut off billions in federal aid to overseas organizations.
Consumer Finance Protection Board (4 cases): Legal battles aimed at dismantling this regulatory body.
Inspectors General Files (2 cases): Concerns about transparency and accountability within federal inspections.
Domestic Funding Cuts (2 cases): Legal actions against the impounding of domestic funds.
National Institutes of Health Policies (4 cases): Challenges to NIH's reimbursement policies affecting cancer research.
Transgender Issues (9 cases): Encompasses policies affecting transgender athletes, military personnel, and prisoners.
FBI and DOJ Mass Firings (7 cases): Central to the episode's theme, these cases address the DOJ's internal staffing issues.
Environmental Cases (2 cases): Pertaining to executive actions affecting environmental policies.
Popok highlights the success rate of existing preliminary injunctions and temporary restraining orders: “The success rate so far in the more than 40 preliminary injunctions and temporary restraining orders is hovering above 90%” (08:52). This statistic underscores the judiciary's responsiveness to the plaintiffs' challenges against the administration's policies.
The episode scrutinizes the broader implications of the DOJ's struggles on the American legal and political landscape. Popok asserts, “What floats his boat and lights up his face every day without thinking, yeah, he's not there. There's no executive functioning in the executive branch” (09:55), criticizing President Trump's leadership and its effects on the DOJ's functionality.
He further contemplates the end of an era where plaintiffs' lawyers and defendants are "outmatched by the Department of Justice’s resources" (03:06). With DOJ staff stretched thin, the balance of power tilts, potentially undermining the Biden administration's legal challenges.
Michael Popok: “Maybe if you decide you're going to conduct your administration through the frequent issuance of illegal and unconstitutional executive orders, maybe you better have the people power ready to go with the Department of Justice” (02:17).
Michael Popok: “I've been up against the federal government in my career probably 30 times, maybe 40 times in some capacity... We now have parody. This is like the NFL. This is like why it's eight. Every team is usually eight and eight, something like that” (11:40).
Michael Popok: “Take advantage of it now. I'll continue to follow all of this. That was a big picture” (11:40).
Michael Popok concludes the episode by emphasizing the precarious state of the DOJ under Trump's administration. He warns that the DOJ's inability to adequately staff and manage the influx of lawsuits could have long-term repercussions for the American legal system and democratic processes. Popok encourages listeners to stay informed and engaged, highlighting the importance of supporting legal actions that uphold constitutional principles.
Additionally, he promotes Legal AF's presence across various media platforms, inviting listeners to subscribe to their YouTube channel and podcast for ongoing coverage and analysis at the intersection of law and politics.
Timestamp Reference:
This episode of Legal AF by MeidasTouch offers a thorough examination of the DOJ's challenges in managing a surge of lawsuits against the Trump administration's policies. Through incisive analysis and critical commentary, Michael Popok sheds light on the intersection of law and politics, highlighting the implications for the rule of law and democratic governance in the United States.