MFM Presents… Brief Recess

Summary

My Favorite Murder Presents: Brief Recess

Episode Title: [Episode 1] “ICE Abuses and Accountability, Finally”
Date: December 5, 2025
Hosts: Michael Foote, Melissa Malbranch, plus an interview with Congressman Robert Garcia
Podcast Presented By: Karen Kilgariff and Georgia Hardstark (Exactly Right Network)

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Overview

This episode of My Favorite Murder introduces the debut of the podcast Brief Recess, a legal commentary show hosted by criminal defense attorney/immigration lawyer Michael Foote and nonprofit veteran Melissa Malbranch. Balancing humor and insight, the episode explores legal headlines, immigrant justice, the intersection of pop culture and the law, and how listeners can take actionable steps in their communities. The centerpiece is a candid interview with Rep. Robert Garcia about government accountability and ICE abuses.

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Episode Structure & Key Topics

• [00:00–02:41] — Pre-episode ads (skipped in summary)
• [02:48] — Brief Recess kicks off: Hosts’ intros & show format
• [03:42] — Hosts’ friendship and rapport
• [07:39] — Wardrobe banter and social media authenticity
• [12:09] — Storytelling: Chaotic friends, personal anecdotes
• [13:44] — Pop culture sidebar: Diddy’s trial & legal narratives with Melissa’s mom
• [23:46] — Deep Dive: Sarmiento et al. v. Perry et al. and juveniles in ICE detention
• [43:02] — Interview: Congressman Robert Garcia on ICE abuses and investigations
• [57:44] — Listener questions: Birth control bans, controversial presidential pardons
• [67:16] — Closing banter and outro

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Main Discussion Points & Insights

1. Introducing the Hosts & the Mission (02:48–07:39)

• Michael (criminal defense/immigration lawyer, New York City) and Melissa (non-lawyer, longtime nonprofit worker) set the show’s tone: a mix of legal expertise and real-world perspective.
• Main goal: To fight doomscrolling by explaining legal issues and focusing on ways listeners can effect change, big or small:

  “I want people to feel empowered, to sort of, like, flex their democratic muscles to affect some sort of change in their community.” – Michael [04:38]

2. Humor, Identity, and Friendship (07:39–13:44)

• Lighthearted exchanges about thrift shopping, over-consumption, TikTok authenticity, and mutual enabling.
• A running theme of being “mascots” for their friend groups, with playful banter on race, gender, and inclusion.
• Memorable discussions about friends who embody chaos—and how tracking their safety becomes a “community project.”

3. Pop Culture and Law: The Diddy Trial & Family Reactions (13:44–20:22)

• Melissa describes her mom’s obsession with tabloid legal cases and how generational perspectives color our interpretation of scandal and crime.
• A candid and very funny segment on explaining “water sports” and sexuality taboos to parents:

  “My mother was convinced that this man was going to go to jail because he had engaged in water sports.” – Melissa [16:44]

• Commentary on the American tendency to zero in on the “salacious” rather than substantive legal issues.

4. Legal Deep Dive: Sarmiento v. Perry & ICE Detention of Minors (23:46–39:21)

• Michael details the class action lawsuit by the ACLU on behalf of juveniles held without bond in ICE detention.
• Explains Special Immigration Juvenile (SIJ) status and the bureaucratic obstacles facing young immigrants:

  “Special Immigration Juvenile status is a protected status that minors can seek in the US. You have to prove you were neglected, abandoned, or abused by a parent in your home country.” – Michael [24:33]

• Key legal nuance: Deadline for SIJ status is the filing date, not approval date—critical for minors aging out.
• Melissa raises moral questions about children languishing in detention and the lack of media focus.
• Michael critiques the chilling effect on law firms post-Trump, who’ve become reluctant to sue government agencies:

  “If you’re not going to be doing that, then what are you doing?” – Michael [30:41]

• Both hosts stress the importance of legal advocacy, activism, and “doing something” at every level.

5. Community Action & The North Fork Women for Women Fund (38:12–39:21)

• Michael relates a story about retirees protesting for change, reinforcing the message that anyone can contribute:

  “Look at these baddies. Look at these icons.” – Michael [39:21]

• Uplifting segment about the cumulative effect of small acts of protest and civic engagement.

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6. Interview: Congressman Robert Garcia on ICE Accountability (43:02–57:41)

Congressman Garcia's Background (43:06)

• Former Mayor of Long Beach, U.S. Rep. (CA-42), first openly gay immigrant in Congress, former undocumented immigrant from Peru.

ICE Abuses & Congressional Investigations (45:09–49:20)

• Garcia discusses systemic abuses: even US citizens of color are being detained by ICE due to racial profiling.

  “If ICE is doing this to US citizens, you can imagine how others are being treated at these centers and facilities.” – Rep. Garcia [45:21]

• Overview of his role as leading Democrat on the House Oversight Committee and how investigations operate, including the current limited power of the minority party.

Congressional Oversight in Practice (47:40–51:24)

• Garcia emphasizes the importance of “papering the record” (documenting abuses) to aid parallel court cases.

  “We are getting so much information out... because we’re being aggressive and not waiting to be in the majority.” – Rep. Garcia [49:20]

How Listeners Can Help/Action Items (52:06–56:17)

• Practical Engagement: Donate to legal aid, join rapid response efforts, attend protests, volunteer at local organizations, connect with faith communities.
• New Tool Announced: A national “one-stop ICE abuse tracker” is being built for public reporting:

  “We’re going to be Launching a massive kind of one-stop ICE and information tracker... so that we are tracking every instance of abuse and terror that is being right now put out and being done every day by ICE.” – Rep. Garcia [53:54]

• Field Hearings: Congress will hold hearings in communities to gather and share real-world testimony, starting in Los Angeles.

  “Field hearings... will be an opportunity for members of Congress in the community to come together and listen to testimony from people in the community.” – Rep. Garcia [55:43]

• Both Michael and Melissa highlight the importance of sharing information and showing up—every bit counts.

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7. Listener Q&A:

a. Birth Control Bans (57:54–62:26)

• Michael explains: No current nationwide birth control ban, but constant legislative threats at the state level.
• Federal protections: Griswold v. Connecticut (1965), Eisenstadt v. Baird (1972) still stand.

  “If contraceptives were under fire, it would get worked up through the court system and eventually go to the Supreme Court and those precedents would be argued against.” – Michael [60:32]

• Commentary on how reproductive rights battles disproportionately harm the poor.

b. Presidential Pardons: Are Trump’s Proposed Pardons Unique? (64:16–66:42)

• Michael and Melissa: Pardons are always controversial (Chelsea Manning, Roger Stone, Michael Flynn), but talk of pardoning figures like Ghislaine Maxwell would be uniquely unprecedented.

  “That would be unprecedented in such a way that we would probably need a new word... that hasn’t been invented yet.” – Michael [66:44]

c. Tangent on Family Roles, Fun Uncles, and Stepdaughters (62:34–63:23)

• Adds comedic color and relatability.

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Notable Quotes & Memorable Moments

• On law, activism, and burnout:

  “It’s very easy to lose your way. Even after graduation you get dazzled by the dollars...but I want other lawyers to feel like it’s cool for me to be like, ‘Hey, Michael, how do I get involved?’” – Michael [34:32]

• On generational perceptions of scandals:

  “I had the most uncomfortable conversation with my mother about water sports. My mother was convinced that this man was going to go to jail because he had engaged in water sports.” – Melissa [16:44]

• On supporting local activism:

  “In every community there is a group or people that are actually doing this work...There’s a lot of ways to get involved.” – Rep. Garcia [52:51]

• On practicing transparency in Congress:

  “We have to bring that fight that Republicans bring to these investigations.” – Rep. Garcia [48:13]

• On ICE detaining citizens:

  “What’s happening to citizens is horrific, but...non-citizens, they also have due process rights. The Constitution is so clear.” – Rep. Garcia [46:44]

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Timestamps for Key Segments

• [02:48] — Michael & Melissa: Introductions and show’s mission
• [13:44] — Diddy trial, media, and legal spectacle
• [23:46] — Immigration law: SIJ cases, ICE abuses
• [43:02] — Interview with Congressman Robert Garcia
  • [45:09] ICE abuses & investigation scope
  • [47:40] Congressional oversight explained
  • [52:13] Action items for listeners
  • [53:54] Announcement: national ICE Tracker tool
  • [55:43] Announcement: field hearings
• [57:44] — Listener legal questions:
  • [58:06] Birth control bans
  • [64:16] Presidential pardons
• [67:16] — Closing remarks

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Tone & Style

Brief Recess balances incisive legal analysis with irreverent, inviting humor, candid personal stories, and inclusive commentary. The hosts address heavy topics but keep the conversation accessible, often poking fun at themselves and each other. Congressman Garcia is warm, direct, and action-oriented, offering practical advice rather than performative platitudes.

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Takeaways for Listeners

• Legal advocacy is for everyone: you can support, volunteer, protest, donate, and spread the word.
• The ICE abuses discussed are not abstract—they impact families, children, and communities, and are shaped by both law and public action.
• Government transparency and oversight are ongoing struggles, but collective documentation, testimony, and pressure can force accountability.
• “Doomscrolling” is not enough—identify tangible ways to flex your democratic muscles.
• Even in dark and chaotic times, humor and community sustain resistance, creativity, and hope.

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“If you want to enable this dysfunction, please comment on this video that you want us to do a little fashion montage.”
– Michael [10:32]

“Tip your drag queens.”
– Michael [57:14]

“We are who we are, right?”
– Melissa [36:39]

Transcript

[Karen Kilgariff]

This is exactly right.

[Georgia Hardstark]

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[Georgia Hardstark]

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[Karen Kilgariff]

You where you heard about them. Please support our show and tell them we sent you.

[Georgia Hardstark]

Celebrate the season feeling confident and comfortable with Honey Love.

[Karen Kilgariff]

Goodbye.

[Michael Foote]

Hey, Ryan Reynolds here wishing you a very happy half off holiday because right now Mint Mobile is offering you the gift of 50% off unlimited. To be clear, that's half price, not half the service. Mint is still premium unlimited wireless for a great price.

[Melissa Malbranch]

So that means half day.

[Michael Foote]

Yeah, give it a [e-mail] switch upfront.

[Georgia Hardstark]

Payment of $45 per free month plan equivalent to $15 per month required new customer offer for first three months only.

[Michael Foote]

Speed slow 135 gigabytes of networks busy.

[Georgia Hardstark]

Taxes and fees extra see mintmobile.com hear that? It's holiday cheer arriving at Ulta Beauty with gifts for everyone on your list. Treat them to fan favorite gift sets from Charlotte, Tilbury and Peach and Lily. Go all out with timeless fragrances from ysl, Ariana Grande and Carolina Herrera. And you can never go wrong with an Ulta Beauty gift card. Head to Ulta Beauty for gifts that make the holidays brighter and even more beautiful. Ulta Beauty Gifting happens here.

[Karen Kilgariff]

Hello big news everybody. Exactly writes News podcast. Brief Recess is finally here.

[Georgia Hardstark]

Brief Recess is a smart, funny and deeply insightful look at the American legal system, the real stories, the loopholes, and all the ways the law shapes everyday life.

[Karen Kilgariff]

It's hosted by attorney and viral TikTok star Michael Foot and is best friend Melissa Malbranch. They bring humor and clarity to the pressing legal questions that we all have today.

[Georgia Hardstark]

We're so proud to bring you episode one titled Ice Abuses and Accountability, finally featuring a conversation with California Congressman Robert Garcia.

[Karen Kilgariff]

So settle in and get ready to hear the very first episode of Brief Recess right here on Exactly Right.

[Georgia Hardstark]

And when you're done, head over to the Brief Recess feed to follow the show and listen to more episodes.

[Karen Kilgariff]

Listen to Brief recess on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts and make sure to rate and review. Cause it really helps.

[Georgia Hardstark]

And don't forget, you watch new episodes every [e-mail] Brief Recess.

[Karen Kilgariff]

And now please enjoy exactly right's newest podcast, Brief Recess.

[Georgia Hardstark]

Goodbye.

[Michael Foote]

Welcome to Brief Recess. I'm Michael Foote.

[Melissa Malbranch]

I'm Melissa Malbranch.

[Michael Foote]

Today we're going to be talking about the last time I was ever seen in public in a romper. Melissa's last time at an estate sale, the Diddy trial. The time Melissa had to talk to her mother about water sports. Monica Lewinsky deep dives into cases about special immigration, juvenile status, an interview with Congressman Robert Garcia, and all the questions you send me in my DMs.

I'm Michael Foote. I'm a criminal defense lawyer and an immigration attorney here in New York City. I am the first thing you see in the morning and the last thing you see before your husband disappears. Melissa, would you like to introduce yourself?

[Melissa Malbranch]

I can't believe you just said that. My name is Melissa Malbranch. I am absolutely, positively not a lawyer. I stand by that. I have been working in the nonprofit space for about 25 years now. And Michael and I met, I'd say about 10 years ago. We've been really good friends ever since.

[Michael Foote]

You called me when your cat died and that's how I knew we were close friends. Your cat was dying and you called me instead your husband.

[Melissa Malbranch]

I did because I knew that you would understand what I was going through, but you wouldn't be as emotional about it as my husband.

[Michael Foote]

People often come to me when they want a direct, emotionless answer. Unless it's like a Saturday night and.

[Melissa Malbranch]

I've been drinking in Brooklyn and Eaton Taco Bell.

[Michael Foote]

We're going to be talking about all sorts of legal things that come up in the headlines. I've really wanted to start this show with my best friend Melissa because there are so many long form things I can't talk about on social media and people love coming to like my feeds to learn a little something about what's happening with immigration law, what's going on in court, but I can't like really expand or they, it's hard for me to answer all their questions. So you'll hear a lot on this show. We constantly are going to be returning to this notion of like, what can we be doing right? Like I hate the concept of doom scrolling. I hate the notion that people aren't like supporting each other. I hate this idea that like, oh, we're descending into fascism and like that's it. It was like a think piece Right. I hate that idea. I want people to feel empowered, to sort of, like, flex their democratic muscles to affect some sort of change in their community. Even if it's going to a small protest. Even if it's, like, working and volunteering at, like, your food bank and sort of, like, looking at the headlines, seeing what's happening, and then explaining what's going on, and then exactly what you can do about it, rather than it just being like, well, that sucks. On to the next article. Right, exactly.

So I could never do, like, a full romper situation.

[Melissa Malbranch]

I feel like I've seen you in a romper, and I don't think that's true at all.

[Michael Foote]

Where'd you see me? In a rover?

[Melissa Malbranch]

You were out here on these streets in a rover?

This morning Andre asked me if I was starting work at a garage.

[Michael Foote]

Okay. Murder on the dance floor. Jesus Christ, Andre. That is.

[Melissa Malbranch]

No, no, no. So Andre is. I mean, you know Andre, a very conservative little man. Like, dresses like everybody's dad.

[Michael Foote]

Yes.

[Melissa Malbranch]

Yeah. So, like anything out of the ordinary.

[Michael Foote]

I feel like I've given him some things that don't fit me. Like, they're too small, so I give them to him.

[Melissa Malbranch]

You have not.

[Michael Foote]

I feel like I've given him a sweater over the years.

[Melissa Malbranch]

I feel like that might be your other black friend that you've given things.

[Michael Foote]

Okay. Immediately, instantly. Racist.

[Melissa Malbranch]

I mean, no, not racist.

[Michael Foote]

I guess so.

[Melissa Malbranch]

I mean, I feel like. I feel like they're black people who know what I'm talking about sometimes. You are your white friend's only black friend. They have, like, two.

[Michael Foote]

Yeah, no, I. I understand. I'm the only gay friend for a lot of people, and I'm treated like a mascot Sometimes they're like, get the gay one at the wedding. Get that? No. Get it.

[Melissa Malbranch]

He'll get the party started.

[Michael Foote]

No, we need someone who's looking cute. Wear something nice.

[Melissa Malbranch]

Something like a good dress.

[Michael Foote]

What's his name again? Mark.

[Melissa Malbranch]

It's never like, you're not Mike.

I am like, you're not Mike.

[Michael Foote]

I am Mike to a very specific group of people. One demographic calls me Mike. I'm gonna give you one chance to guess.

[Melissa Malbranch]

Yeah. Is it somebody from, like, your childhood?

[Michael Foote]

It's the guy fixing my dishwasher. It's like the guy fixing the. Like, put the plumbing in my apartment. It's always like, a man over a certain age who works.

[Melissa Malbranch]

They don't know you. Yeah, they see the name is Michael.

[Michael Foote]

No, no, it's like my dad's friends. It's a people who know Me, it's men of a certain white straight. Men of a certain age are like, mike, how's it going? It's a very Long island thing.

[Melissa Malbranch]

Okay. People randomly call me Michelle for no good reason.

[Michael Foote]

I've called you way worse than Michelle.

[Melissa Malbranch]

Yeah, there are worse things.

[Michael Foote]

Behind your back, into your face. What did you do this weekend? Well, you were working at the garage.

[Melissa Malbranch]

I was, Yeah. I changed the carburetor.

[Michael Foote]

Brad will look me right in the eye and be like, oh, Professor Plum is joining us. If I'm wearing, like, a sweater and a time. Jesus Christ. It's actually so diabolical. I don't catch strays in my house. I catch them straight to the face.

[Melissa Malbranch]

What I do this weekend. So this is wardrobe changing time for me. So I do this biannual.

[Michael Foote]

Oh, Melissa loves a good. I do a good closet clean out special.

[Melissa Malbranch]

But I. I like, I recorded something and I was going to post to TikTok, but I'm not like you. I'm not a prolific poster.

[Michael Foote]

If you're thinking about posting something to TikTok, my number one rule, don't be precious with it. Post it unedited. Broken.

[Melissa Malbranch]

I am not precious at all. Yeah, no, no, no, no. That's not it. It's just a mess. But I was just like, I am actually embarrassed at the amount of shit that I own. It is.

[Michael Foote]

But those are the videos that everyone loves. Those are the videos of mine that blow up when I'm like, hey, I had to pick up a client and I'm wearing coochie cutters and a crop top that's mesh because it's pride month and I ended up having to go to the precinct. And it's always so mortifying for me. But those are the videos that usually blow up.

[Melissa Malbranch]

I mean, I don't. I actually don't care if the video blows up or not. I mean, maybe I should, but I don't care. But I care that I feel like I have become victim to over consuming. Right.

[Michael Foote]

Yeah.

[Melissa Malbranch]

And to be fair, I do buy a lot of thrifted items. You know, we know. I love an estate sale, so it's not. But I do buy things also, so let me just be clear about that.

[Michael Foote]

Yeah. And no judgment here. I'm a violent consumer.

[Melissa Malbranch]

I am judging myself. Okay, all right. I'm judging myself.

[Michael Foote]

I am. Where disposable income goes to meet its disposal.

[Melissa Malbranch]

Oh, I don't want to be that person.

[Michael Foote]

But there's a difference between not wanting to be someone and accepting who you are.

[Melissa Malbranch]

Know thyself I know myself, and I am a bitch with too much shit and it makes.

[Michael Foote]

And not enough space. Do you have storage?

[Melissa Malbranch]

So that's the thing, right? Is that every year I pack up. Twice a year, I pack up my shit and I take it to storage. A storage facility outside of my.

[Michael Foote]

Okay, okay. So that is actually cry for help. Yeah, it is a little bit of.

[Melissa Malbranch]

A. I need someone to come in and tell me what to do.

[Michael Foote]

I'll do it.

[Melissa Malbranch]

No, not you. Sorry. I need somebody who's not Michael. I love that.

[Michael Foote]

My friends don't want to fucking.

[Melissa Malbranch]

No, no, no, no, no.

[Michael Foote]

They're like. I'm like, oh, I'd love to come over to dinner. They're like, get fucked to the kill attic.

[Melissa Malbranch]

No, because you will. Because you will enable me.

[Michael Foote]

No.

[Melissa Malbranch]

Yes.

[Michael Foote]

I throw everything out. I'm like, brad, this has been here for a week. It is a. It's our tax return. I think we should either, you know, post it online or throw it out. Like, I'm like, this can't be sitting here.

[Melissa Malbranch]

I feel like you would come over and we just wouldn't get anything done.

[Michael Foote]

I feel like it would turn into a Runway. I do think that we would probably do some sort of fashion show.

[Melissa Malbranch]

I don't want that.

[Michael Foote]

Actually. Comment below. If you do want to see me go to Melissa's house. We do a full wardrobe. I could. Yeah, we could do that.

[Melissa Malbranch]

Somebody out there who wants to help me take a good, long, hard look at my wardrobe and be like, bitch, you're never gonna wear this.

[Michael Foote]

And if you want to enable this dysfunction, please comment on this video that you want us to do a little fashion montage.

[Melissa Malbranch]

This is actually a cry for help in your life.

[Michael Foote]

No, I think we do a link, and people then can then donate to our. And then we see how much money people give us to do on.

[Melissa Malbranch]

I am not asking anybody for money. I'm not.

[Michael Foote]

This is. And this is. This is how you get ahead in life.

[Melissa Malbranch]

Maybe.

[Michael Foote]

Actually, speaking of, I saw Alyssa this weekend.

[Melissa Malbranch]

That messy bitch. We love her, though.

[Michael Foote]

How do we describe Alyssa? Describe Alyssa for the viewers at home. Alyssa is our very close, mutual friend.

[Melissa Malbranch]

She's, like, a really good friend if you want to do something. Because Alyssa is down for whatever. Yes, she's down for whatever. Hey, Alyssa, let's go to Croatia. Yes.

[Michael Foote]

And I do. I get the sense that, like, her. Her doorman, like, doesn't know what she looks like because she's never home. Like, she's always out. Like, she's. She's never out in these streets.

[Melissa Malbranch]

Yeah. I have to tell you, I track Alyssa and.

[Michael Foote]

Yeah, I do too. I follow her. Yeah. Because for her own safety.

[Melissa Malbranch]

For her own. I'm not even kidding. For her own safety. I am oftentimes worried about where she is. Has anybody seen her? Where is she?

[Michael Foote]

Melissa will text me in the middle of the night, and she'll be like, I can't sleep. Just check in. Have you heard from Alyssa recently? I do feel like we should probably keep an eye on her. Alyssa is. Alyssa taught me how to be chaotic. That is who she is in my life. She's sort of like, like the personification of, like, the Winchester Mystery Home. Like, she's just sort of like, stove is on, keys are out. I went to her apartment once, and there was, like, all this broken glass in front of the building. And I was like, ooh, rough neighborhood. It was like the West Village.

[Georgia Hardstark]

Right.

[Melissa Malbranch]

I go into the apartment and she had dropped something.

[Michael Foote]

I was like, there's so much broken glass. And she was like, oh, yeah. I dropped, like, a whole bag of groceries out there earlier. That was me. Like a 200 person unit. And it was her. Mm.

[Melissa Malbranch]

Yeah.

[Michael Foote]

But I did see her. I took her to a drag queen's birthday party. We went to Ms. Mamshee again.

[Melissa Malbranch]

Let me just. One second. I was not invited.

[Michael Foote]

No. And for your own protection and safety, you would have not gone out at midnight on a Friday night.

[Melissa Malbranch]

Oh, for sure. No. Yeah, but.

[Georgia Hardstark]

But.

[Melissa Malbranch]

But ask me. Ask me.

[Michael Foote]

No. I don't want to be told no one more time. Get my hopes up, get all excited. Well, you won't get your hopes up.

[Melissa Malbranch]

Because you know better, Right? Cause you know, I'm probably not coming, but I would like to be included.

[Michael Foote]

Okay.

[Congressman Robert Garcia]

Okay.

[Michael Foote]

O. I'll just. It was also, like, deep in Brooklyn, and you don't live anywhere near that.

[Melissa Malbranch]

No, I don't.

[Michael Foote]

You would have been like, this is. This is a four hour flight for me to get there from where I live.

[Melissa Malbranch]

When I first started dating my now husband, I was living in Brooklyn and he was not.

[Michael Foote]

Yeah.

[Melissa Malbranch]

And it felt like a long distance relationship. It really, really did. And I mean, it really wasn't that far. But it felt.

[Michael Foote]

What do we say? It'd be like that?

[Melissa Malbranch]

It be like that. And it felt like, do be like that behind God's back.

[Michael Foote]

Brad lived in Hoboken.

[Melissa Malbranch]

Oh, God.

[Michael Foote]

And when you have to transfer, when you have to cross state lines in or interstate commerce, like that. It really does. I was all the way in the East Village. There was like, no, like, Clear transit. It was. It was. It was actually really a pain in.

[Melissa Malbranch]

The ass part of how Diddy got in trouble. Just crossing state lines.

[Michael Foote]

We're three minutes into the episode and Diddy's already.

[Georgia Hardstark]

Come on.

[Michael Foote]

We're already talking about Diddy trafficking. Okay, we're going to go into sidebar, and I think we've got a nice natural entree into the Diddy case because Melissa's mother, Magalie. Throw up a photo of Magalie, CJ she is an icon. She is the moment. She is. She. She is her. She is all of.

[Melissa Malbranch]

Yes, my mother is. We all. We. We often say that my mom is the queen of the kingdom in her mind.

[Michael Foote]

Yes. A legend. She is every woman.

[Melissa Malbranch]

Yeah, it's all in her.

[Michael Foote]

Yeah, it's all.

And she will never listen to this show.

[Georgia Hardstark]

She.

[Melissa Malbranch]

She might. If I tell her that, we give her a shout out. Oh, okay. Yeah.

[Michael Foote]

What is the Department of Redundancy Department?

[Melissa Malbranch]

She calls Department Redundancy Department.

[Michael Foote]

I'm not going to do the accent because I'll get canceled.

[Melissa Malbranch]

So. My mom has always loved, like, a salacious legal case.

[Congressman Robert Garcia]

Sure, right.

[Melissa Malbranch]

I mean, who doesn't?

[Michael Foote]

A lot of moms do, right?

[Melissa Malbranch]

So, like, I remember back in the day, you were a child. However, the O.J. simpson case, my mother was living for this case. Living for this case.

[Michael Foote]

Every mom in America cut to Diddy.

[Melissa Malbranch]

And my mom is just like, cut.

[Michael Foote]

Through 30 years of history. Straight to Diddy.

[Melissa Malbranch]

Straight to Diddy. She's also really into, like the what's his name, Johnny Depp1.

[Michael Foote]

Like, she was into it, so.

[Melissa Malbranch]

And now she's got nothing but time. So, I mean, we all strive to be retired.

[Michael Foote]

Yeah, we do. Yeah, I would love that.

[Melissa Malbranch]

So she was like, have you been watching the Diddy case? And I was like, to be honest, not really. Like, I'm in and I'm out or whatever. And she's like, well, he's definitely going to go to jail. This is before.

[Michael Foote]

This was the. When it was first really hitting the headline.

[Melissa Malbranch]

And I was just like, yeah, it's not looking very good for him. And her whole.

[Michael Foote]

It wasn't. It wasn't.

[Melissa Malbranch]

I mean, it didn't end well for him. I mean, it ended better than those.

[Michael Foote]

Those. If someone drew a sketch of me the way those court reporters drew sketches of Diddy, just. I would be on the evening news. Michael Foot threw himself off a building in embarrassment. That is. That was so wicked. Wild, diabolical. That was a crime in and of itself. Drawing someone like that.

[Melissa Malbranch]

You reap what you sow, Sean.

What? And also. Let me. Let me.

[Michael Foote]

I just haven't heard someone say, you reap what you sow in quite some time.

[Melissa Malbranch]

I say that all the time.

[Michael Foote]

It's very Mel Gibson and signs like, he's very much. It is very much like this bucolic imagery. It evokes.

In the fields, growing corn. You reap what you sell.

[Melissa Malbranch]

You do. You reap what you sell.

[Michael Foote]

That is such a. That's an American farmer subsidy. Shout out right there. Shout out to you. All the American farmers working hard here in these. In this country, in the Midwest.

[Melissa Malbranch]

So her whole thing was, he's definitely going to jail. And I was like, okay, it's not looking good for him. Why do you think that?

[Michael Foote]

Agreed. And Melissa called me and told me this, and I walked straight into the street with my dog. Didn't look either direction.

[Melissa Malbranch]

I had the most uncomfortable conversation with my mother about water sports. My mother was convinced that this man was going to go to jail because he had engaged in water sports.

[Michael Foote]

This was in her mind. Make it clear. This was the crime that he committed.

[Melissa Malbranch]

In her mind, this was the crime. And I was trying to explain to my mom, I'm like, well, it's not. Some people like that. No. Melissa, she's.

[Michael Foote]

She's rewriting the legislation. She was like, include water sports as a. As a federal crime.

[Melissa Malbranch]

Like, people don't like that. And I was just like, I. I mean, they might. And she was just like, no, he's going straight to jail, for example.

I should also.

[Michael Foote]

No due process, no jurisprudence why he.

[Melissa Malbranch]

Should go to jail. He deserves it. I mean. And again, back in the day, Monica Lewinsky. I was in the car with my mom. I will never forget this. Listen to some NPR show or something where they were talking about Monica Lewinsky's sexual past. And Monica Lewinsky and I are on the same age, give or take a year or two. And I think it came out that before Bill, Monica had had, like, maybe two or three sexual partners beforehand. And my mom was, like.

Disgusting.

[Michael Foote]

Oh, no.

[Melissa Malbranch]

And so I'm in the car with my mom, and I'm driving, and I am not making any.

[Michael Foote]

Yeah. Meanwhile, you can't move. No, no, no, no, no, no, no.

[Melissa Malbranch]

Oh, no.

[Michael Foote]

Oh, no, no, no, no, no, no, no.

[Melissa Malbranch]

And I went home, and I called.

[Michael Foote]

A friend of mine, and I locked the door. I waited till she was.

[Melissa Malbranch]

My mom was upset that Monica Lewinsky has had, like, one or two guys. And she was like, did you keep your mouth shut? I was like, firmly. So this is Who?

[Michael Foote]

My Diddy. We have to. Well, first of all, I might. I think I'm gonna meet Monica Lewinsky next week.

[Melissa Malbranch]

Can I come?

[Michael Foote]

I know, I'm. I'll. I'll text you the details.

[Melissa Malbranch]

I really want.

[Michael Foote]

It is like. It is like, my friend, anyway, is getting me into me with her, so I don't know if I can, like, sneak someone in. But I won't bring you to the drag queen's birthday. I will bring you to me. Monica.

[Melissa Malbranch]

Yeah. Like, pick and choose, my friends.

[Michael Foote]

Yeah, yeah, yeah. I feel like that's equally, you know, exciting.

[Melissa Malbranch]

I think if I have to choose, I'd rather meet Monica Lewis.

[Michael Foote]

Well, okay, but let me explain. The drag queen, Ms. Mamshi. She does deadpan drag to, like, very hilarious songs like Ding, ding, ding, Went the Trolley. But her face is like the whole time.

[Melissa Malbranch]

And let me.

[Michael Foote]

We'll throw up a clip. We'll throw up a clip.

[Melissa Malbranch]

Ding, ding, ding.

[Michael Foote]

And oh, clang, clang, clang. Right, right, right. We can't sing on the show because we'll get sued. But she always has, like, a tag. We can speak lyrics. That's copyright law. She always has, like, the tag on her outfit. Still. It's like, still on the. It's so good. It's so. It's so great. You have a couple drinks. It's great. Anyway, I'll bring you to meet Monica. But Diddy, the thing about that I was just so incredulous was Melissa's mother. Each time she brought up one of the horrific things he was being charged with.

[Congressman Robert Garcia]

Right?

[Michael Foote]

People testifying.

[Melissa Malbranch]

Sure.

[Michael Foote]

The awful testimony. I mean, it was really extreme.

[Melissa Malbranch]

It was terrible.

[Michael Foote]

Yeah. Melissa's mother was like. But the water sports, that was what was really. Cause she couldn't get.

[Melissa Malbranch]

She couldn't. She refuses to believe that anybody could be into that. And I was trying to, and then finally I was like, you know what?

[Michael Foote]

I'm just, like, acutely aware of how much water I'm drinking right now as we're talking about this.

[Melissa Malbranch]

Listen, listen, that's fine.

[Michael Foote]

I'm actually out. Let's take a brief recess.

[Melissa Malbranch]

You're a grown ass man.

[Michael Foote]

We're gonna take a break.

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[Michael Foote]

Welcome back to brief recess. I'm Michael Foote.

[Melissa Malbranch]

I'm Melissa Malbranch.

[Michael Foote]

This is under Earth. We're going to take a deep dive into a case. This one is actually really near and dear to me and my heart and a lot of what my day to day life looks like. So I pictured, I thought it'd be cool to kind of talk to you about it. The name of the case is Sarmiento et al. V. Perry et al. So it's a class action lawsuit that the ACLU filed against ice, effectively submitting a class action lawsuit of a group of minors who were seeking immigration status here in the US and were not being given the opportunity to be bonded out of detention centers. So they were being held for long periods of time in detention centers.

[Melissa Malbranch]

Okay. And when you say minors. Give me an idea.

[Michael Foote]

Sure. Yeah. So anyone under the age of. Actually, I think it might be 21 is for special immigration juvenile status. It's people under the age of 21.

[Melissa Malbranch]

Okay.

[Michael Foote]

We call it SIJ as a shorthand. But special immigration juvenile status is a protected status that minors can seek in the US it's usually you have to. You have to prove certain things. So one of them is that you were neglected, abandoned, or abused by a parent in your home country. So that can be you never had a relationship with your father and you don't know him and he's no part of your life.

[Melissa Malbranch]

Okay.

[Michael Foote]

Or it can be that, you know, your parents abandoned you. Sometimes there are really extreme cases which are, you know, a Lot easier to kind of prove. And then there are others where it's like, I don't know who my father is, and I'm going to be establishing custody in the US With a relative.

[Melissa Malbranch]

Okay.

[Michael Foote]

So it's usually just one parent that you sort of have to prove that there was something abnormal about the relationship. But the interesting thing that sort of came up in this case that I thought I could weigh in on was how important it is that people are bonded out hard. Stop. But especially in SIJ cases. And that's because SIJ is one of these things where you and your lawyer are running around the city to all sorts of different courts to get documentation, to get judgments, to get rulings from judges so that you can bring it back to immigration court and show them that, like, you're doing your due diligence. For example, you usually have to go to family court, which is like, in a different borough sometimes, or it takes a really long time to get that. That hearing date. I've worked SIJ cases. It's taken years just to even get, like, a date for your application to be reviewed.

[Melissa Malbranch]

Let me ask you this. What happens if somebody. Because if you said it takes years sometimes, what happens if the person ages out while this is going on?

[Michael Foote]

That's a great question. We're often dealing with, like, hard deadlines. I made a video recently about appeals and how we sort of the deadline is when the. The application is received, not when you submit it for certain things. So deadlines are insane in any industry, but especially in immigration law, the stakes are so high. So for sij, it is when it's filed. So even if there is a backlog in the government agency that you're working with, as long as it's the date that your attorney files it, you're still below the requisite age.

[Melissa Malbranch]

Okay.

[Michael Foote]

That is. That's like, such an important question because sometimes people are not sure about that, but sure.

[Melissa Malbranch]

So as long as the date that it was submitted is before you've aged out, then you should be okay in terms of moving forward with the case.

[Michael Foote]

Exactly. And so in this case, the plaintiffs are suing ice, stating that they're being held without a bond hearing and that it violates their Fifth Amendment due process rights. So they're not even given the opportunity to argue whether they should be bonded out of a detention center. It is developing law. By the time this episode airs, the law might have changed. So the thing about this specifically is that there was a recent ruling in September where if you were not inspected. So upon arrival in the US So let's say you arrived undocumented, you crossed the border illegally, you don't have standing to seek bond in court if you are detained. So that is like a new thing. It's still being hammered out, it's being appealed. Like, it's going to work its way up through the court courts. But right now, a lot of people are trying to get bonded out who crossed the border illegally. And this new ruling, this new case law that came down in September has sort of messed with that. So I had people reaching out to me for bond, and I'm like, I honestly couldn't even file something for you if I wanted to or if I had time to.

[Melissa Malbranch]

So, I mean, I just wonder what especially, you know, what happens to these people. And especially talking about kids, somebody who's. The idea of somebody who's 10 years old is sort of in this purgatory, what happens to them?

[Michael Foote]

It's a great question, and it's something that I think needs more attention, especially in the media. I think oftentimes immigration law is like, ooh, that's so complicated. Even lawyers will call me. Like, this woman called me and she was like, the lady who does my nails just got arrested. I'm a lawyer, but I don't know how to do this stuff. Like, sure. Immigration law is like one of the most complicated areas of law, and it's because of the deal decentralized nature of the government agencies that we're working with. I mean, when I'm having someone fingerprinted, it gets sent to North Dakota. When I file their BIA appeals, it goes to Church Falls, Virginia. Like, it makes absolutely no sense. I think what sort of happens is, especially in these cases, like, we're talking about child welfare here. Like, these are children being locked up and they're being detained for an indeterminate amount of time. I think, like, public perception, public advocacy, people's people giving this any sort of energy or attention, I think they'll sort of start to see, like, how many awful things happen in detention centers, right? Like, how many lawsuits are there around sexual violence detention centers. So this is happening on US Soil. It is. I'm so glad to see that there is a lawsuit because I have to say, as an attorney, I'm really remiss reading the headlines that there. There aren't a lot of people talking about this. There aren't a lot of law firms taking up cases and filing lawsuits like this. There's been a chilling effect with the Trump administration where law firms are like, we are not going to be suing. We are not going after. They're afraid, like, they are afraid that they're going to be. And what does it come down to? It comes down to people's wallets. It comes down to the pocketbooks of these big firms and they're not going after the government agencies and really having some sort of like, stand. Right. And it's awful because it's like, I don't know, it kind of gets to the heart of like, being an attorney. For me, it's like, why the did you do this then? Like, there are so many, like, faster ways to make money than being a lawyer. And you got into this to not help people, to not do the right thing. Like, we're supposed to be officers of the court, where people who are supposed to be like, ensuring justice is served or seeking out justice or accountability is held somewhere. Right. And to then be like, well, it's going to hit our bottom line. We don't want to beef with the Trump administration. It's like, well, then who the fuck are you? If you're not going to be doing that, then what are you doing?

[Melissa Malbranch]

I wonder.

[Michael Foote]

I'm excited. I'm going to be following this closely. I do think there's a strong chance that there will be some sort of at least partial relief for the plaintiffs, mostly because the child welfare protections. Courts take that really seriously. And there is sort of a pretty big due process concern in this case. People not. I'm going to be watching this closely to see mostly because once there's a decision made, my day to day job as an attorney who handles bond hearings will change overnight. It will be one of those rulings where I get to the courthouse and what I'm doing that day is something different than what I thought it was going to be. And I live for that shit because I am a messy bitch. And I do do love a little bit of chaos every now and then. I was born and raised by Alyssa, our most chaotic friend.

[Melissa Malbranch]

And you're a Taurus.

[Michael Foote]

We're both Tauruses.

[Melissa Malbranch]

No, I know.

[Michael Foote]

Yeah, I love that.

[Melissa Malbranch]

Let me ask you a question.

[Michael Foote]

Yeah.

[Melissa Malbranch]

They're in these detention centers with.

[Michael Foote]

Are they like, segregated from adults? Yeah, that's actually a great question. Is anybody like, I actually don't know. Because it is so impossible for attorneys to access clients who are being held at attention. It's actually such a pain in the ass for me to even have a call with a client who's detained and I sue. I was part of a lawsuit with the aclu A couple years ago, where we sued because I was, like, bored one summer during COVID So I, like, worked with them. I'm serious. And I basically, like, you'll have two broken feet. I broke both my feet jogging. Yes. Was laid up in casts. Just. And what I would do is I would take a group of cases in different detention centers around the country, and I would attempt to get in contact with my client and then document how difficult it was. And it all. I was one of the lawyers. All that information got fed into this lawsuit, and they sued and won. They were like, we, like, lawyers cannot access their clients, so it's really hard. And detention centers are intentionally outside of city limits. They're really far away from a metropolis. To ensure that people cannot access legal counsel. They're. They're usually in, like, a wasteland. I had to go to one, and I think it was, like, in Alabama, and I had to fly into a different state. I didn't want to drive, so I'm wealthy enough. I hired a car to drive me there because I was like, I ain't got. I'm not going to be driving in the middle of northern Georgia, Alabama. I had someone drive me just to. Just for one hearing. It was crazy.

[Melissa Malbranch]

Yeah. I just keep thinking the idea of a kid being alone, it's terrifying. And, you know, and somebody needs to be the voice for these kids, right?

[Michael Foote]

Absolutely. Yeah. I think my clients who are kids, minors, are the ones that I end up being closest with as well, because they need it like a social worker more than. Yeah, totally.

[Melissa Malbranch]

Because they need the help more than any. I mean, obviously anybody who's in.

[Michael Foote]

And a lot of the times, like, the lawyer is, like, the parent has trusted the lawyer to, like, be there for that person.

[Melissa Malbranch]

I don't know that there are enough people who are going to law school who get into it because they really have this deep down desire to push the idea of, like, social justice or just justice in general.

[Michael Foote]

No, it's true. That is true.

[Melissa Malbranch]

I'm gonna go to law school, and I am going to be a real estate lawyer because I want to make a ton of money. You know what I mean? I mean, I think it's wonderful that you're thinking about it that way. And Michael is not alone. I know there are a lot of attorneys.

[Michael Foote]

I'm also not perfect. Like, I mean.

[Melissa Malbranch]

No, no, no, no.

[Michael Foote]

It's very easy to. No one thinks it's very easy to, like, lose your way. Like, I have lost my way many times in life. Like, as a lawyer, like, even after graduation where, you know, you do sort of get dazzled by the dollars or you don't want to take that pro bono case because you are too busy or like, life happens. Like, people have families, like, people get dogs. Like.

Shit goes down. Right. And so I just feel like at know, I want other lawyers to feel like it's cool for me to be like, hey, Michael, how do I get involved? How'd you get started? You know, I get a lot of messages like that where people are like, hey, like, how'd you get your first, like, pro bono case? How'd you learn how to do this stuff? Like, I wasn't always this psychopath that I am today.

[Melissa Malbranch]

No, I think you probably were always a psychopath. Maybe not the one that you are today.

[Michael Foote]

However, I think Bellevue knocks on the door.

[Melissa Malbranch]

I think, I think that to your point, I think sometimes there comes a point in everybody's life where you're like, you know what I've done the thing that I'm going to do. Right. Like, I went to college or not or whatever, and now I have a job and I'm just sort of like, plugging away. I think about this a lot. Right. What is going to be my other thing that I do that is helpful.

[Michael Foote]

Yeah.

[Melissa Malbranch]

I think there comes a moment in your life where you're like, oh, you know what? I'm going to sit down, I'm going to think about how I can help. And for you, as an attorney, you have this. The skill, you have this degree. And you were like, you know what? I now have the time.

[Michael Foote]

Yeah.

[Melissa Malbranch]

And I'm now inclined.

[Michael Foote]

When we talk to Congressman Garcia later, let's ask him. You should ask him, like, what you can do, like, what the differences are. Because I think that could be cool to hear from someone in a position of power in the government of like, what they think their constituents or just like civically engaged Democrats can be doing to help.

[Melissa Malbranch]

What can we do? How can we be help?

[Michael Foote]

How do you help now? What do you. What do you do to. I mean, I know, like, you volunteer, you go to protests, like, you get involved. You are like someone that I look to. Like, you've helped me find my way many times.

But I don't know. I think you're a wealth of advice and, and wisdom.

[Melissa Malbranch]

I mean, I. So not speaking about sort of like helping people who need, but in terms of, like, wealth of advice and wisdom, I'm going to tell you what I think no matter what, whether you want to hear it or not. Right. Like, and I am A big I told you so person, which is not my best quality, but it is. We are who we are. Right? And what's really funny is that, like, I don't tell people. I told them so nearly as often as I want to. I, like, keep it. I tamp it down.

[Michael Foote]

Yes, she does. It is.

[Melissa Malbranch]

I can't help it. I can't help it.

[Michael Foote]

You had fucking skywriting I told you'd so for me one day. Who the.

[Melissa Malbranch]

The.

[Michael Foote]

Do you think you are in on my show?

[Melissa Malbranch]

Sorry. I think I might get a tattoo.

[Michael Foote]

Wait. Oh, I would do that.

[Melissa Malbranch]

I told you so.

[Michael Foote]

I've got a. Yeah, yeah. Mine could just be she told me.

[Melissa Malbranch]

So I told him so. In terms of helping, I. I will say that, yes, I go to protests, and yes, I will. I'm. I'm big on, like, reaching out to my congressperson. I. You know, I've sent letters to my governor, my mayor. But I will tell you that I struggle often with not knowing exactly what to do, because I feel like what I want to do is something that I think will push the needle. Right. Like, what can I do? Who can I help? Even if it's, like, one person. Right. Who can I help?

[Michael Foote]

It's this feeling of helplessness that I think everyone is feeling right now, 100%, even like someone who. I'm very much in a position to do something.

[Melissa Malbranch]

Right. But you do it.

[Michael Foote]

Yeah. I was out running. I was. I was traveling, and I was out jogging in my hometown and the. On the corner of, like, the little Main street. And it's like this, like, little, tiny little town on Long Island. There were all these retirees who had, like, no kings posters.

[Melissa Malbranch]

I love that.

[Michael Foote]

And they were protesting, and I was talking to them. It's the North Fork Women for Women Fund Nifwiff Whiffs. That is their name.

[Melissa Malbranch]

Okay. I love that.

[Michael Foote]

I am not. I'm not having a stork nifwhffs.

[Melissa Malbranch]

Okay.

[Michael Foote]

And they were telling me that they. They take shifts every day. They're on that corner working shifts, protesting. I was like, this is amazing. I love this so much. And they were. How do I like, nicely describe? They were retired women of a certain age.

[Melissa Malbranch]

Sure. That's how retires.

[Michael Foote]

Yeah. Well, there were no, like, young startup retirees who retired at 30.

[Melissa Malbranch]

Right.

[Michael Foote]

But I feel like a lot of people their age probably were. Are feeling like they can't do anything or they cannot get involved in it. It was just, like, such a cool example where I was like, look at these baddies. Look at these icons.

[Melissa Malbranch]

Yeah.

[Michael Foote]

Anyway, this has been under oath. Let's take a break.

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[Michael Foote]

So, Melissa, I'm really excited because Congressman Garcia is joining us today.

[Melissa Malbranch]

That's going to be great. I can't wait.

[Michael Foote]

He's the former mayor of Long Beach, California. Yeah. And he's the U.S. representative from California's 42nd district. He's been there since 2023. He's actually immigrant himself from Peru. So it'll be really interesting to talk to him about ice, what's happening there, what he's doing as a congressperson to sort of advocate for immigrant communities. Also the first openly gay immigrant in Congress, which is very cool. He, I think he was undocumented at one point when he first emigrated. So it's a very cool, interesting sort of entree into American politics. What he's sort of working on I think will inform how Americans really engage with the news cycle. Right. I mean, we're always talking about how can we ensure that people are civically engaged and have real next step action items. I feel like a lot of what's happening in American democracy right now is like, welp, it's just terrible and nothing.

[Melissa Malbranch]

To do, just nothing to throw your hands up and give up. Yeah, yeah.

[Michael Foote]

And I think it'll be cool to kind of talk to him and be able to really say, like, hey.

[Melissa Malbranch]

And I love the fact that, you know, I think it also helps when people can see themselves in their elected officials. So the fact that he is an immigrant, the fact that he's out, you know, openly gay, like, all those things, I think sort of help put the information out.

[Michael Foote]

I also love a fierce diva who's like, I'm gonna let my identity govern, like, how I enter the workplace, how I enter and, like, use my work. I'm sick of this whole, like, my life is separate from my job. It ain't. I'm a fierce diva in the courtroom as well as at home. I'm winning arguments in my kitchen.

[Melissa Malbranch]

Are you, though? Somebody called Brad? Get Brett on the phone.

[Michael Foote]

I'm getting impeached in my fucking kitchen.

[Melissa Malbranch]

Get Brad on the phone.

[Michael Foote]

Oh, all right, Congressman. All right, shut up. Congressman's calling. I gotta stop talking about. Welcome to BR Brief recess, Congressman.

[Congressman Robert Garcia]

Hey, guys, how are you?

[Michael Foote]

Hi, Congressman.

[Melissa Malbranch]

Hi, Congressman.

[Michael Foote]

Thank you for joining us. I know that we actually just got the press release of what you've been working on, of the new legislation, so why don't you take us in of what you've sort of been focused on today. It sounds like.

[Congressman Robert Garcia]

I mean, obviously there's a lot going on and the horrors of the Trump administration never end. Today, we're really focused on and trying to really zero in on just the horrific actions by the administration, certainly Secretary Noem, Stephen Miller, and what's happening with ICE across the country. There are two things that we're looking at right now. One is we've all been reading the reports of the now upwards of 170 US citizens that have now been detained in many cases, sent to these facilities by ICE and by other federal agents, and who essentially have stories of being in the centers for days and days without any access to lawyers or family because they didn't have their id. And these are US citizens who are being targeted racially profile because of the color of their skin. And we know that now, if ISIS is doing this to US Citizens, you can imagine how others are being treated at these centers and facilities. And so we have a broad investigation going right now through oversight, into Christina, into their actions across the country. But we're also especially partnering with the Senate and the Senate's oversight team, and Senator Blumenthal and us are specifically going to do a joint bicameral investigation into what's happening to United States citizens across this country as well. You know, what I've told folks is, look, what's happening to citizens is horrific, but also reminding people that what's happening to non citizens, they also have due process rights. I mean, the Constitution is so clear.

[Melissa Malbranch]

Correct.

[Congressman Robert Garcia]

And so we have a lot of work to do. But we were in LA with Mayor Bass making that announcement today, and it's.

[Michael Foote]

Interesting you bring this up. I really wanted to talk to you about what specifically does that mean? Right. I think we oftentimes hear in the news like, we're investigating this, we're looking into this bicameralism. Could you get specific about, like, what does that literal to do list look like when you get to the office? Right. Like walk us through it. Because I think it's important for people to hear. These words have almost become pointless to a lot of Americans. Oh, we're investigating. Oh, there's an Oversight committee. Oh, we're gonna be looking into it. I think we've been used and abused in so many ways as Americans that these words have sort of like lost value. So I want people to hear, like, exactly what you're doing, because I know you, I know your team, I know you've been working on this, and I understand it on like a granular, granular level from the courtroom. But I think it's important for people to hear really what that means for you.

[Congressman Robert Garcia]

Absolutely. No, this is great because I also, I love explaining kind of how overset.

[Michael Foote]

Yeah. The process matters. Right? Like, what's the process? I think it's.

[Congressman Robert Garcia]

So let me. So there's two pieces of this I think are important, and that is how and who is leading the investigations and then what we're actually trying to accomplish and do. So let me, let me start by saying, look, I've been the lead Democrat on the Oversight Committee. The Oversight Committee in the US House is the lead investigations committee that exists under our constitution in the U.S. congress. And so obviously the job of Congress is oversight. And oversight is where most of the major investigations end up. Now, I'm a. I'm a pretty newer member of the Congress. I was mayor of Long Beach, California for eight years. I got to Congress now a little over two years ago. And so I was not the most senior person to take on this job. And I think in my pitch to the Democratic Caucus, I said, look, we have to, we have to do things differently. We got to bring. We need people to be more aggressive. We need to bring that fight that Republicans bring to these investigations. And, you know, the pitched work. I'm the first Sophomore to lead a committee in 100 years in the and I mentioned that because I think what you said is really true that oftentimes we will launch an investigation or folks will say they're going to hold folks accountable. And then it just gets lost in kind of Washington speak, right.

[Michael Foote]

Or we hear about it like two years later that they kind of found something, but they, they weren't really. And it just, it does get kind of lost in the wash there.

[Congressman Robert Garcia]

It does. And that is not me first. Like I first, I'm an imprint myself. And so this is very personal to me. And it's something that I know I've lived through the experience. I've been undocumented. I understand what the lived experience is. And then the second piece is I think people just should take, you know, I've been the lead lead on investigations now for about maybe three or almost four months, three, four months in the Congress for Democrats. And I, I show people what we've just done on the Epstein files, for example, like we are, right, we are getting so much information out on the Epstein files because we're being aggressive and we're not waiting to be in the majority. And so the way oversight works is when you are in the minority. So Democrats are in the minority in Congress. We have limited powers. We don't have subpoena power. We don't have powers to get any document we want or anyone from the committee. But we still can investigate on our own. And so that's what we're doing now. We're not waiting to be in the majority to investigate. However, when we do win the majority in 2026, you can believe that we will be sending out subpoenas and getting information from Christine Ellen, from Stephen Miller, from folks that are harm, from home and just a variety of folks that we are interested in. But the work has to start now. So that's a little bit about kind of why we have to bring new people into the party and at the table and leading these committees is because a new approach is also needed. And then at the second piece is it is still in the minority. These investigations have enormous, the enormous ability to also help in many of the court cases that are happening. So we partner with folks.

[Michael Foote]

That's just what I was going to say. Papering the record documentation so that court cases can move forward with that documentation.

[Congressman Robert Garcia]

Is so important, important to put out into the public record what's actually happening and what we know. And so many of the successful cases that are happening right now in the courts actually reference or Use many of the investigations or the documents that we are requesting of agencies to build the case. And so it's all very important work.

[Michael Foote]

I wanted to ask you because on this show we really like to focus on ways that everyday Americans or other attorneys can get involved to do something. I think so much of the Internet, so much of the news cycle is doom scrolling. It is getting lost in the weeds. It is, you know, articles about literally how America is headed towards fascism with no actual action items on what people can do, how they can get involved, things that they can do to flex their democratic muscles. What would you, where do you need me? An immigration attorney, right? Like, what would your advice be to me, an immigration attorney or to, to me, Melissa, who is a civically engaged.

[Melissa Malbranch]

Democrat, like, not, not an attorney. But you know, I care very much about what's happening in my community. I also come from an immigrant family. What, what can I do?

[Michael Foote]

Where do you need us? Like, and I think it's so important that people really hear from leadership, right? Like, what can we be doing boots on the ground to support these efforts, Efforts.

[Congressman Robert Garcia]

So two things. One is obviously there's some, I'm going to talk specifically about what specifically you can do to help what we're doing on the investigation side. So that's one piece of it. Broadly speaking. I was just right now with maybe 50 kind of immigration community activists and leaders from different groups that are on the ground doing this work right now in Los Angeles and what they are modeling, just the behavior. We're talking about.

Attorneys that are working with immigration groups, we're talking about immigration advocates that are trying to visit these detention centers. We're talking about folks who are doing rapid response on the ground. Talk to folks that are just donors that are donating to kind of these rapid response networks. I talk to faith leaders who are bringing in parishioners who are out communicating and working with families that are oftentimes even too scared to leave their home. And so I have found that in every community there is a group or people that are actually doing this work, whether it's a local church, whether it's a local immigration organization, whether it's a group of, of, of lawyers that are doing some pro bono work or working within the legal, legal space. There's a, a lot of ways to get involved. Broadly, specifically, our oversight committee is doing two things where people can get directly engaged. One is in, in the next few weeks you're going to hear we'll put this, we'll put this out. We're going to be Launching a massive kind of one stop ICE and information tracker for the.

[Michael Foote]

That's great. Okay, that's so great.

[Congressman Robert Garcia]

That is going.

[Michael Foote]

We need it. I need it.

[Congressman Robert Garcia]

And it doesn't exist right now. And so we want to make sure that we are tracking every instance of abuse and terror that is being right now put out and being done every day by ICE and by folks. And so we're working on building that right now. And we have some groups that are that are assisting us with that as well. So folks will be able to submit.

Video information to this tracker so that we can keep all of the information also. And from a national perspective in that's so important.

[Michael Foote]

So most I'm as someone who gets so many people reaching out to me for help. That is 90% of the things are just info sharing. You don't actually need an immigration attorney half the time. But just people are just trying to figure out what's going on. And I think that's really important.

[Congressman Robert Garcia]

Exactly. So that's going to be a way for people to be able to communicate with us directly and send us information so that we have it on and able to share it into the public record. The second piece, and I know this sounds so. But you said it earlier, just for purposes of winning in the courtroom, we have to not just win. And obviously in public opinion, we have to win in the courtroom first of all in the courtroom and we have to document and we need to build the case. And it takes work and it takes putting all this.

[Michael Foote]

It does, it really does. For people who don't.

[Congressman Robert Garcia]

And for us in Congress, it's critical for us to have all this information. The second piece, which we announced today is we're going to be launching some field hearings that will be happening in communities across the country. Our very first one is going to be in Los Angeles. We'll be announcing the date hopefully here in the next week.

[Michael Foote]

Yeah, that'd be great. Share it with us. We can put it out on the channel.

[Congressman Robert Garcia]

That's great. And the field hearing is going to be an opportunity for members of Congress in the community to come together and listen to testimony from people in the community. And we're going to also provide ways where folks can do it in a way that that thinks that we're keeping their safety in mind as well. But it's going to be an opportunity for there to be actual the stories actions that are happening. Information needs to be shared with us. We're going to go into the community as well. And so the very first one will be in Los Angeles. It'll be. I think it's quite exciting. And so that's something also.

[Michael Foote]

That's incredible. Yeah, definitely. Going into the communities is so important. I mean, so much of what happens in immigrant communities, from my experience, just as a guest. Right. Is word of mouth.

[Melissa Malbranch]

Yeah. Oh, for sure. That is the biggest way. I mean, is family coming from Haiti. That's how we learned about everything. You heard it from someone's aunt, someone's cousin, a friend, church, et cetera. So that's how you really get the word out. And I think when it comes from your own community, you tend to trust that information. Right.

[Michael Foote]

So thank you so much for joining us. I know you're the mayor of Long Beach Beach. We've got a Long beach here in Long Island. It's a little bit different, but I wanted to say thank you. And the first openly gay immigrant congressman. Is that right?

[Congressman Robert Garcia]

That's right.

[Michael Foote]

That's all correct. Okay. All right. So who's your favorite drag queen in Long Beach, California? We're gonna actually, we're gonna Venmo her in your honor.

[Congressman Robert Garcia]

Thank you.

[Michael Foote]

I'm Gonna Venmo Her $100. What's her name?

[Congressman Robert Garcia]

Oh, Jules Long Beach. Actually, Jules Long beach is my favorite dragon queen in Long Beach.

[Michael Foote]

Jules Long Beach. Okay. I can't wait for Jules Long beach to wake up at 4pm and be like, who the hell is this guy sending me? Congressman Garcia. Send under Congressman Garcia's name. So Jules Long Beach. Go find her on Venmo or Cash app and send her some money. Tip your drag queens. Thank you, Congressman, for joining us.

[Congressman Robert Garcia]

We appreciate. Will do. Thanks guys.

[Michael Foote]

Thank you.

[Melissa Malbranch]

Take good care. Bye bye. So, tales from the DM friends, please remember, while Michael is a lawyer, he is not your lawyer.

[Michael Foote]

Unless you want to hire me.

[Melissa Malbranch]

I mean, that's a different thing I am for.

[Michael Foote]

Everyone has a price and I'm actually pretty cheap. Just ask any of my ex boyfriends.

[Melissa Malbranch]

Ask me.

This is Maggie from Ojai and I was wondering if you could explain to me what's happening with banning of birth control pills in this country from a legal perspective. I keep reading about it, but I would love to know in a simple way what is actually happening and how likely this is.

[Michael Foote]

Okay, great question. Yeah, this is an interesting one because it's a. I always feel bad when I have to answer these because it really is. It depends how the time. Like it really does depend on the state you're in.

[Melissa Malbranch]

Yeah.

[Michael Foote]

So right now birth control is not being banned in the U.S. i think there Is it's always like the threat of restricting contraceptives for women is always sort of a topic that continues to come up. And it is very much. These Republicans leap on any opportunity to sort of keep women down. Down. Right.

[Melissa Malbranch]

Sure.

[Michael Foote]

And it always. Anything we talk about, it is always ways poor people who experience the worst. Right, Right. People who are experiencing poverty. Who.

[Melissa Malbranch]

Who don't have access.

[Michael Foote]

Who don't have access. Are. It. It's a way to ensure that poor people remain poor and that the rich poor gap grows. So federal law and Supreme Court precedent still protect the right to get contraceptives. There is a very famous supreme court precedent, Griswold versus Connecticut. It's from 1965, as well as Eisenstadt v. Baird. It's 1972. So these are the Supreme Court precedents that protect a woman's right to contraceptives. I don't know why I can't say that word.

[Melissa Malbranch]

Because you don't have to, I guess.

[Michael Foote]

Because I've never gotten a woman pregnant and never even would be in a situation where that would happen.

[Melissa Malbranch]

Never.

[Michael Foote]

We. We can get into it. We'll do that in the off. We'll do that. The. The B sides. Okay. Brief recess after dark. Get into that.

The end scene 17 after 11pm I mean, do you remember when VH1 or MTV, it was like. It was like at night it would become softcore porn.

[Melissa Malbranch]

Yeah. It was blue.

[Michael Foote]

It was. It was a little.

[Melissa Malbranch]

It was teal.

[Michael Foote]

It would go blue. Yeah. Anyway, moving on.

[Melissa Malbranch]

Are you okay?

[Michael Foote]

We got. We really got. I love when I gag our producer. I. Why don't we get the going? Because they have to listen to me yap all day.

[Melissa Malbranch]

So basically get a hold of yourself.

[Michael Foote]

Basically. If contraceptives were under fire, it would get worked up through the court system and eventually go to the Supreme Court and those precedents would be argued against.

[Melissa Malbranch]

Right.

[Michael Foote]

I would. I would hope that in a situation like this there would be extreme public outrage. Like this really would be. Even right now with the ways in which Republicans are restricting access to abortion, it's going to be different. And that's right. A man went on the record and said the word abortion. I know it doesn't happen that often, but, you know, they have to be really creative with how they do it. Right. They say, oh, like the fire code or oh, it's going to be a certain number are still within the state even though they're like eight hours apart. Like, they still have to be kind of creative thinkers when they're trying to do Evil. So the same would sort of happen with contraceptives and also, like the sort of expansive nature of America. We think about this a lot with the commerce clause, right. Like interstate commerce, the transportation of contraceptives across state lines. I know of people who, after the election were like, stocking up on plan B here in New York and like mailing it to Southern states. So it will be something interesting to watch. I haven't really seen come up that much, but it is a very curious question. Thank you, Maggie.

[Melissa Malbranch]

It really is. I actually wonder what's going to happen. Especially you know, most of the sort of. Now the Republican Party and MAGA Republicans, they're very much on this. You know, we're doing this with God behind us. And there is this theory for a lot of religions sort of across the board, Right. Like, make lots of babies. Make lots of babies.

[Michael Foote]

The last thing. I am happily childless. And maybe we'll add that to my next tattoo as well. That you are childless by choice. We constantly. But you have the choice to talk about. Yes, exactly.

[Melissa Malbranch]

You have the choice, Right?

[Michael Foote]

I have all the choices. I'm a white man in a suit.

[Melissa Malbranch]

Right.

[Michael Foote]

I can get away with pretty much anything.

[Melissa Malbranch]

Just about.

[Michael Foote]

You have kids, you've got a family. Do you want to tell people about your life and your choices?

[Melissa Malbranch]

I do not have any biological children. I do have a stepdaughter who is lovely and she. She and I get along really well and I love other people's kids. That's who I am. I am perpetually Tati Misa. Tati Messiah, AKA Auntie Misa. That's who I am.

[Michael Foote]

I am the uncle. Well, my husband Brad is like the fun uncle with the kids, but I'm the uncle where, you know, if you are beefing at school or you need someone to help you buy beer.

[Melissa Malbranch]

Don'T do that.

[Michael Foote]

Don't. You can't call me. I would never do that. I would never, absolutely never teach you how to roll an armor.

[Melissa Malbranch]

We do not abide.

[Michael Foote]

I only roll ankles, not joints.

[Melissa Malbranch]

He's rolled a couple ankles. Both.

[Michael Foote]

Both at the same time. No. You've never seen me wear pleasers.

[Melissa Malbranch]

Hi, this is Daisy from Los Angeles. Hi, Daisy.

[Michael Foote]

First of all, voiceover actress love.

[Melissa Malbranch]

Right? And Daisy's a really good name. Whether or not it's your real name or not. I don't know.

[Michael Foote]

I imagine Daisy. What do we think Daisy looks like.

[Melissa Malbranch]

Immediately in my head, Daisy for me is a Latina. Right. I think. And I think she's got her chola makeup down. I love. I Love.

[Michael Foote]

She's from the South Bronx. Yeah, yeah, yeah.

[Melissa Malbranch]

I think. Well, she said she's from la.

[Michael Foote]

Oh.

[Melissa Malbranch]

So I think she's from south la.

[Michael Foote]

Okay.

[Melissa Malbranch]

Okay.

[Michael Foote]

Yeah. I don't know the neighborhoods in LA that well. Okay.

[Melissa Malbranch]

But that's who I think. I think Daisy is fierce and I think she is. Got a hoop hearing.

[Michael Foote]

No, that's right. No, I think that's right. I think we could open like a whole, like booth at a state fair of us just like based on people's voices guessing what they look like. So maybe submit a question and we'll guess what you look like.

[Melissa Malbranch]

Anyway, I feel like there's so much in the news about Trump trying to pardon P. Diddy or Ghislaine Maxwell.

[Michael Foote]

Not the Diddy shout out. Not again. No.

[Melissa Malbranch]

I also wonder why they keep on saying that. Ghislaine Maxwell. I feel like everybody's mispronouncing her name. I had an aunt who's. That was her name. Yeah. And that's not how you say it.

[Michael Foote]

How do you say it?

[Melissa Malbranch]

Ghislaine.

I don't know who Ghislaine is.

[Michael Foote]

I'm speechless.

[Melissa Malbranch]

Haitians all over like, Ghislaine, Ghislaine. Ghislaine.

[Michael Foote]

Ghislaine is such, like a clunky, flat footed.

[Melissa Malbranch]

Right.

[Michael Foote]

We've got. Yeah, we've got a big, flat, fat foot stomp in the street. Ghulaine.

[Melissa Malbranch]

But go ahead. Sorry.

[Michael Foote]

Go ahead.

[Melissa Malbranch]

And I'm wondering, is there any interesting cases that previous presidents have ever pardoned before or really controversial ones in the past?

[Michael Foote]

Oh, hell yeah.

[Melissa Malbranch]

Or are these particularly insane?

[Michael Foote]

I mean, to try and compare American history to what's happening right now is impossible. This is not really. We are sort of living in like the different timeline.

[Melissa Malbranch]

None of this is real. This is all a simulation.

[Michael Foote]

There have been a lot of pardons in the past that were like. I mean, pardons are always a little bit controversial. I remember Chelsea Manning's pardoning. People were like, oh, my God. But the Arab Spring. And like there's always sort of like the opposition is always saying, you know.

[Melissa Malbranch]

And it's usually one of those things that a president does on their way out.

[Michael Foote]

Yes. Yeah. Like Roger Stone. Trump did that in 2020. Paul Manafort, Michael Flynn was in 2020. There was a. A whole sort of like crop of controversial pardons.

[Melissa Malbranch]

I mean, Biden pardoned his son.

[Michael Foote]

Like, that was, dad, if you're watching, you better pardon my ass if you're ever in office. I want a pardon.

[Melissa Malbranch]

I might send my kid to the Clink.

You do just out here sullying the family name.

[Michael Foote]

Tell the story of when your dad was on a jury.

We might not have enough time for this. We'd have to wait for the next episode.

[Melissa Malbranch]

We'll do it next time.

[Michael Foote]

Okay. Well, yes, there are a lot of examples of this happening throughout history. None of them are as insane as none of them have anything to do with human trafficking of minors. So that is sort of a wild thing. If Trump does decide to pardon, say.

[Melissa Malbranch]

Her name, Ghislaine Maxwell.

[Michael Foote]

Thank you so much. So that would be unprecedented in such a way that we would probably need a new word that is a synonym for unprecedented that hasn't been invented yet. Anyway, those are the weirdest things people sent me today. Thank you so much, Congressman Garcia, for coming on the show today. I had a great time talking to you.

[Melissa Malbranch]

I always have a good time talking to you.

[Michael Foote]

I'm glad we got. We got it all on the record about Diddy trial. Maybe we'll do a whole Diddy episode. Maybe. Thank you for watching Brief Recess. I'm Michael Foote.

[Melissa Malbranch]

And I'm Melissa Malbranch.

[Michael Foote]

I'll see your ass in court.

This has been an exactly right production recorded at iheart Studios, hosted by me.

[Melissa Malbranch]

Michael Foote and me, Melissa Malbranch. Our producer is CJ Ferroni.

[Michael Foote]

This episode was edited by Nicholas Gallucci.

[Melissa Malbranch]

Our associate producer is Christina Chamberlain and our guest booker is Patrick Cotner.

[Michael Foote]

Our theme song was composed by Tom Breivogel with artwork from Charlotte Delarue and Vanessa Lilac with photography by Brad Obono.

[Melissa Malbranch]

Brief Recess is executive produced by Karen Kilgariff, Georgia Hardstark and Danielle Kramer.

[Michael Foote]

You can find me on Instagram at Department of Redundancy Department or on TikTok.

[Melissa Malbranch]

Ichaelfoot and I'm on both Instagram and TikTok as Melissa Malbranch.

[Michael Foote]

Got legal questions, Reach out@brief recessactlyrightmedia.com Listen to Brief Recess on the iHeartRadio app, Apple Podcasts or wherever you get your podcasts. And of course, we're a podcast with video search for brief recess on YouTube.

[Georgia Hardstark]

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[Guardian Bikes Advertiser]

Attention parents and grandparents. If you're looking for a gift that's more than just a toy, give them something that inspires confidence and adventure all year long. Give them a Guardian bike, the easiest, safest and number one kids bike on the market. With USA Made Kid Specific frames and patented safety technology, kids are learning to ride in just one day. No training wheels needed. It's why Guardian is America's favorite kids bike and the New York Times and Wirecutter's top pick three years in a row. This holiday season, Guardian is offering their biggest deal of the year. Up to 40% in savings on all bikes plus $100 in free accessories. Guardian bikes have become the most sought after gifts of the season and inventory is going fast. So don't wait. Join over half a million happy families who've discovered the magic of Guardian. Shop [e-mail]. that's guardianbikes.com.