Legal AF by MeidasTouch - Trump GETS RUDE AWAKENING from GOP Lawyer COURT FILING
Episode Date: August 17, 2024In the battle of Michael Cohen, who was Trump’s political prisoner in solitary confinement for refusing to silence his criticism of Trump, and the United States Supreme Court that is deciding whethe...r Michael can sue the government for his civil liberties violations, AN ELITE GROUP OF RIGHT WING LAWYERS AND LEADERS INCLUDING A FOUNDING TRUSTEE OF PROJECT 2025’s Heritage Foundation has SIDED WITH MICHAEL and filed a new brief on his behalf. Michael Popok explains why SCOTUS should allow Cohen to sue for damages to the prison officials and Trump jailing and abusing him as a political prisoner, and to regain his dignity. Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. Visit https://meidastouch.com for more! Join the Legal AF Patreon: https://Patreon.com/LegalAF Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices
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This is Michael Popak, Legal AF.
It is high time for the United States Supreme Court
to stand up for Michael Cohen, a patriot who was jailed
as a political enemy of Donald Trump in a new case
that's pending before him seeking damages
for him being thrown back into jail
for 16 days of solitary confinement
after he refused to sign a non-disclosure agreement
that was put in front of him by prison officials at Donald Trump's behest and instructions
by William Barr that he would not criticize Donald Trump.
No, I'm not talking about Navalny and Putin.
I'm talking about Michael Cohen and Donald Trump and two other federal judges that
have looked at the issue while they released Michael Cohen from solitary confinement through
a writ of habeas corpus refused to find that Michael Cohen had a case for damages for the
constitutional violations of these federal officers for the Bureau of Prisons led by Donald Trump against him.
And now it's time, it was such an egregious example
of abuse of power against somebody
who is your political enemy
and trying to undermine their First Amendment rights
that even one of the founding trustees
of the Heritage Society has joined forces
with Michael Cohen,
a former representative Mickey Edwards of Oklahoma,
Heritage Society founding trustee.
Also the chairman of the American Conservative Union
and PAC has joined together with about a dozen
other Republicans and conservatives to file a friend
of the court brief, an amicus brief with the
United States Supreme Court in favor of Michael Cohen.
That's how bad and how obvious and how transparent the abuse of power was in putting Michael
into 16 days of solitary confinement because he refused, he refused to give up his First Amendment right to podcast,
to blog, to do hot takes, to write books about and criticize Donald Trump.
I've been doing this a long time.
I've dealt with the Bureau of Prisons a long time on behalf of clients.
I've never heard of them putting an NDA, a non-disclosure agreement, which happens in private world, but generally not
in the Bureau of Prison world, not something imposed by a federal judge, not a requirement
to be released, but they wanted him to sign an NDA.
For Donald Trump, I've never heard of this in my entire life.
There is a concept in the law when you can't figure out what
crime has been committed. In other words, there's no literal crime on the books.
It's just a good old-fashioned constitutional violation led by a
federal officer against an individual and that person needs to be able to sue
in order to get redress, in order to stop that federal officer and make them think twice about ever doing that again
and to give them compensation
for the damage already committed,
that falls under a rubric we call a Bivens action,
B-I-V-E-N-S, comes from a long line of,
a Supreme Court case named Bivens
and a long line of cases under it.
And Bivens stands on the foundation
of a case from the 1800s that all lawyers like me see as our
touchstone for constitutional analysis, Marbury versus Madison. You have to give redress for an
obvious abuse of constitutional violations of civil liberty in our constitutional republic. Or
what are we? Then we're not a country of law. We're a country of men, men who can abuse other people
and take away their civil liberties without repercussion.
So it's a Bivens action.
The problem with a Bivens action is
that the Supreme Court has narrowed considerably
who can actually sue as a plaintiff under a Bivens action.
So at the United States Supreme Court,
then one of the main issues is,
can Michael Cohen qualify as a Bivens plaintiff
to bring a case for constitutional violations
against federal officers at the Bureau of Prisons
that forced him back into solitary confinement
when he refused not to be a vocal critic to Donald Trump?
Yes or no?
What country are we living in?
It's so obvious that all of these right-wing conservative Republicans, those that worked
in the Nixon administration as a special prosecutor in Watergate, worked for George Bush, worked for Reagan. Even as I said, Mickey Edwards,
founding trustee of the Heritage Foundation, the same entity that's generated the architects
for the Project 2025 blueprint for the first 180 days of a new Trump administration.
Even he thinks Michael Cohen was a political prisoner that was abused. Donald Trump likes to talk about Jan's sixth insurrectionist trying to burn down the Capitol
and lynch elected officials and their staff as being political prisoners.
You know who was a political prisoner?
Michael Cohen.
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Michael Cohen, even though two federal judges struggled
with trying to find that a Bivens action
was appropriate for Michael Cohen,
Michael Cohen was made for a Bivens action in what happened to him.
He gets convicted for election law crimes because he's the fall guy for Donald Trump
and the Stormy Daniels-Hushmanity cover-up affair. Sure, there were some other crimes involved.
Once they went under the hood for Michael, they found some other things they didn't like that he
did, and he got convicted of those as well. But the main reason he was in the crosshairs with the Department of Justice, a
Donald Trump, Bill Barr Department of Justice, you see where this is going? As his former lawyer,
now political enemy of Donald Trump, the main reason is because he took the fall for the
payments that were made to help the Trump campaign, the very heart of the 34 count
state conviction of Donald Trump in New York for Stormy Daniels. It just took that long to bring
Trump to justice because the feds wouldn't go after Donald Trump because he was in control of
the Department of Justice and they did his bidding. And so he gets convicted in 2018,
he serves jail time,
but then COVID hits.
And because of health conditions, including Michael's,
they released Michael Cohen and a lot of other prisoners
to do home confinement.
In order to get out though, there appeared,
there was another key and another lock
that only Michael Cohen had to use.
When the Bureau of Prisons coerced him, compelled him, extorted him, signed here on a, effectively,
a private non-disclosure agreement not to go after Donald Trump, write books and podcasts
and everything like that, or we won't let you out.
And Michael Cohen and his lawyers were like, where's that in the release conditions?
Where is that in a federal judge, an Article III federal judge's orders or conditions of release? Where is that?
It's nowhere. Well, they ask too many questions. And like any good dictator, Donald Trump ordered
that Michael Cohen be jailed again. He went back to jail and they put him in solitary confinement
for trying to exercise his First Amendment rights and object to the constitutional civil rights violations
against him.
That's the heart of the case.
And that's why all of these conservatives and Republicans
have joined and banded together
to file a friend of the court brief to support Michael
at the United States Supreme Court.
It's up there already.
The October term for the Supreme Court
starts the first Monday in October.
There will be oral argument on this. And if Michael Cohen wins, and he should,
it'll establish new case law that a Bivens action is not just some concept, esoteric concept sitting
on the law books. It's something that a person who's actually been abused by a federal official and
had their civil liberties taken away and has no other crime that they can point to
can actually sue for constitutional violations
as a Bivens plaintiff.
That will be one of the many, many things
that Michael Cohen will go down in history
as a patriot concerning,
besides helping to convict Donald Trump
for almost the same set of crimes
that Michael Cohen already served prison for,
which is the topic here on this hot take.
We'll continue to follow this odyssey of Michael Cohen
to reclaim his good name and to be compensated
and to have standing to go after his tormentors,
his political tormentors in the form of Donald Trump
and the Bureau of Prisons and Bill Barr
and get recovery
and relief because if Michael Cohen isn't able to do it, that means you and I aren't. It's that old
saying, they came for my neighbor, but it wasn't me, so I didn't say anything. And then they came
for the guy on the other side, they came for the other person, and then they came for me. You have
to stand up. That's why I went
into the law. That's why I went into legal AF and the Midas Touch Network. You have to stand up
and defend your neighbor, your fellow patriot, because it could be you.
There's another old saying, the government is my enemy until I need a friend. Well,
the government was Michael Cohen's enemy. And now they have to be, especially when it was in the hands of Donald Trump.
And now I expect that Joe Biden and Kamala Harris
and their Department of Justice
will take the right position to help Michael Cohen.
That's the way to make this right.
They don't stay neutral.
They don't stay on the sidelines.
They take an affirmative position
and look the Supreme Court in the eye
through their Solicitor General. They look the Supreme Court in the eye through their Solicitor General.
They look the Supreme Court in the eye and say, Michael Cohen is a Bivens plaintiff and
should be compensated for what happened to him and have his suit reinstated.
That's what the Department of Justice and the Solicitor General under Joe Biden should
do.
And we'll watch it to make sure these things happen on Legal AF and on the Minus Touch
Network every Wednesday and Saturday at 8 p.m. Eastern time. Legal AF, the leading podcast at the intersection of law and politics,
we curate the top three or four stories there. And as lawyers who practice in these courtrooms,
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So until my next hot take, until my next Legal AF,
this is Michael Popak reporting.
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