The Supreme Court Must Be Stopped, by Elie Mystal

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Supreme Court CAUGHT USING FOX to help FAILING Trump
by Michael Popok
MeidasTouch
Aug 5, 2024 Legal AF Podcast

Alt-right Supreme Court Justice Neil Gorsuch just went on Fox News to THREATEN President Joe Biden and VP Harris and their efforts to return ethics and accountability to the Supreme Court. Michael Popok puts the outrageous appearance in perspective and analyzes the fall of Gorsuch.



Transcript


Shannon you're not going to be surprised
that I'm not going to get into what is
now a political issue during a
presidential election year I I don't
think that would be helpful I have one
thought to add it is that the
independent
Judiciary means what does it mean to you
as an American it means that when you're
unpopular you can get a fair hearing
under the law and under the Constitution
if you're in the majority you don't need
judges and jur
to hear you and protect your rights
you're popular it's there for the
moments when when the spotlights on you
when the government's coming after you
and don't you want a ferociously
independent judge and a jury of your
peers to make those decisions isn't that
your right as an
American and so I just say be careful
this is Michael popok legal AF a United
States Supreme Court Justice just went
on Fox News and threatened the president
of the United States there's no other
way for me to frame this Neil Gorsuch
doesn't like the reforms to the United
States Supreme Court that are being
proposed by Joe Biden and vice president
K Harris they want to put term limits on
the length of time that the Supreme
Court Justice can be there they want to
add new Supreme Court justi to expand
the court from nine they want to add an
Ethics code and to Neil Gorsuch his
response watch out
look out really watch out look out first
of all what are you doing on Fox News I
mean you have to know that Fox News is a
trigger is a signal that you're on the
all far right why don't you go on CNN
why don't you go on C-Span how about
C-SPAN you never hear anybody AR you
never hear anybody argue about C-SPAN
but if I'm driving by a United States
Supreme Court Justice's house like Sam
Alo and I see upside down us flags and
other flags of the insurrection not one
but two of his houses how do you think
that makes me feel as an advocate before
the United States Supreme Court you
think I'm getting a fair shot do you
think I think Justice is blind do you
think that sends the right signal to the
American people about what you just
called the ferocity of independent
Judiciary and the same thing when you go
on Fox news now I get that that during
your off time the Supreme Court Justice
like to take vacations on the right
usually paid for by Federalist Society
supporters for millions of dollars you
like to write books you like to give
speeches you like to give lectures you
like to teach courses and international
law around the world I get it I get it
you're not paid enough apparently on the
United States Supreme Court you got to
abide your time but to go on Fox News is
to put a finger in the eye of America
and put your foot on its throat and what
you're declaring is you're not
ferociously independent Neil
gorsage okay you're I don't know you
should watch that clip again first you
say in just listen to what he says he
says I really he he's talking to Sharon
bream there for Fox News I I really
don't want to in the middle I'm sure you
won't be surprised in the middle of a
campaign I'm not going to be pulled into
a political issue but as long as you've
asked let me let me threaten the United
States president and talk about and
reframe the issue as sort of a straw man
that has nothing to do with the
arguments that are being presented in
favor of reforming and out of control
United States Supreme Court in in July
the United States Supreme Court
completely rebalanced in the wrong way
our three supposedly co-equal branches
of government and destroyed any checks
and balances that exist by making the
presidency Above the Law in the immunity
decision they say they said in one
sentence in in the Trump versus US
decision in July the 1st on immunity no
man is above the law no president yes
they are they are by the very virtue of
that decision you now have a leviathan
outof control super imperial presidency
on top you then have two smaller things
underneath one called legislative branch
and one called
um a one called the judicial branch
that's what you got left barely tethered
together because of their decision and
now on top of it he says listen listen
to these words that you just heard from
a United States Supreme Court sitting
Justice
one he says the majority that's popular
doesn't need judges and juries what what
world what upside down world is he
living in
popularity mean uh ensures
Justice we'll just put it to a vote I
mean why don't we do that why don't we
just have a game show every week where
all of the important issues about
Reproductive Rights and voting rights
and and immigration issues and National
Security and energy policy why don't we
just put it up for a vote like Family
Feud survey says that's that's what he's
trying that's what he's trying to say he
says the independent fer the Ferocious
independent Judiciary is necessary for
the unpopular Donald Trump's unpopular
that's been our
problem I mean it just makes no sense
and and looking how gorsuch's mind works
is a scary proposition and the Judgment
or lack of judgment he made by going on
Fox News how does he think the American
people feel as he's thumbing his nose at
them and poking them in the eye by going
on Fox News what about
C-SPAN nobody's ever had a problem with
C-SPAN go on C-Span go on cable access
at 2 o'clock in the morning nobody would
have an objection but to go on the
Maga red triggering Network FOX News
owned by Rupert Murdoch that's that's
your outlet
see I'm funny that way I like United
States Supreme Court Justices who seem
to be independent who at least try to
act like justice is blind and that the
scales of Justice are in equipoise and
are perfectly balanced I don't like to
drive by think about the American people
driving by Sam malo's house and seeing
an upside down American flag the sign of
insurrection on Jan 6th and another
Insurrection his flag sitting sitting
over on appeal to Heaven sitting on
another summer home of his and now I got
to be an advocate as a lawyer advocating
in front of the United States Supreme
Court for all oral argument in October
do I think Justice is blind do I think
I've got alito's ear and that he's being
neutral and independent until he forms
his opinion or is he biased and on the
far right what about Neil Gorsuch if I'm
looking at you know it's always a Leo
writing for the Wall Street Journal
another rert Murdoch Outlet talking
about in 2023 Alo said I don't think
Congress even has the ability to
regulate anything related to the Supreme
Court and Gorsuch saying the same thing
today I mean think of the book listen to
the title of the book that Neil gorsage
is Shilling and selling on Fox
News the it's called
overruled not overruled overruled too
many laws in America just what I want
from my United States Supreme Court
Justice him believing that there's too
many laws on the books oh it's so
complicated and confusing I can't figure
it out
except he what he's really doing what he
really means is over precedented there's
too much precedent there's too much bad
law from the past made by not right all
rightwing courts and I want to change it
that's what he means it's not that
there's too much law it's that there's
too much law he doesn't like and he
wants to ignore it overturn it vacate it
and recreate In His Image I've talked
about in the past what the rise or
actually the fall of Neil Gorsuch who we
had some hope for even though he was a
magar right we had some hope for when he
was when he was appointed that maybe be
his own person and move towards the
center we're watching a little bit of a
move to center right by Amy con Barrett
for instance and to a certain degree
Neil
Kavanaugh I mean uh Brett Kavanaugh we
leave for another hot take their
politics and values and morals or lack
thereof but they've moved to a little
bit closer to Roberts and further away
from Gorsuch Alo and Thomas Gorsuch far
altright he's now voting reliably in the
alt-right with Thomas and Alo if you see
a
anti-democratic attack on our democracy
or our constitution or our way of life
in a Supreme Court decision you will see
it joined by Gorsuch Jolo and Thomas
that Unholy triangle,
and now you know now if you
had any doubts that that's where his
head's at Mr I think there's too many
laws Mr judge goes on Fox look at the
Judgment or lack of Judgment of Neil
Gorsuch to go on Fox
News and give this interview and then
and then
say completely disingenuously oh I
couldn't I couldn't possibly offer an
opinion about politics during a campaign
but as long as you've
asked let me give you my opinion look
out watch out Joe Biden watch out for
what what are you going to do what are
you going to do against like what what
I've said on legal AF this past weekend
is watch out for Joe Biden he's not lame
duck he's Unshackled
right somebody somebody in our
production team said it's two week
notice Joe
Biden he gave he gave his six months
notice and now he's going to accomplish
everything he ever wanted to accomplish
that he couldn't before I mean in 2021
there was a blue ribbon panel that was
appointed by Joe Biden to make
recommendations about the Reformation of
the Supreme Court and at the time while
he had you know running for re-election
and lots of other policies to consider
he decided I'm not really ready to take
on that fight he is is now and you know
who's right behind him or right next to
him his partner vice president kamla
Harris who we hope to be Madame
president-elect kamla Harris in a few
months and that's what Gorsuch is going
to take on it's always we're not going
to go as we're not going to go into the
political realm and go to the joint
joint houses of Congress uh uh uh and
watch the president give his State of
the Union Address oh oh we couldn't do
that you know well why not all the
center and Center left justices go but
Gorsuch can't go Thomas and Alo can't go
it's beneath them it's so's their
appearance of Independence I got news
for them there is no appearance of
independence by the United States
Supreme Court it's a
charade they're bought and paid for by
Baga and the Federalist society and
their all you got to do is look at the
rulings the proof of the pudding is in
the taste thing read the rulings
why is it that I have to give hot take
after hot take about the attack on women
and Reproductive Rights making them set
second class citizens why do I have to
talk about another Super precedent Going
Back 40 or 50 years being ripped out of
the books and out of the Constitution by
the rightwing why do I have to talk
about a leviathan out ofcontrol
presidency that's now Above the Law why
do I have to talk about the dismantling
of the barrier between church and state
established by our framers because of
the alt-right because of Neil Gorsuch
and now you see him not tongue and cheek
but with a chesher cat
grin going on Fox
news that talk about there's too much
law in America yeah because you're and
you're busy getting rid of most of it
that's called
precedent we got to call this stuff out
it is it is outrageous sometimes I look
in the I I I often look in the comments
for I take like this and some people
slip into the comments that are on let's
just say the alt-right and the thing
that they say and write out loud which
what they think is impunity because they
believe they've got supporters in their
camp on the Jan 6 insurrectionist camp
like Neil Gorsuch I mean I heard him ask
some crazy questions during the oral
argument on the immunity
decision basically suggesting that a
president could pardon himself that's
Neil Gorsuch not just in a hypothetical
was the way he asked it was
chilling that you could sell a pardon
you could pardon yourself and you could
sell a pardon and as long as it's part
of official conduct or core
constitutional conduct it's okay
founding followers would have been okay
with president's setting up a for salees
sign and selling their powers according
to Neil Gorsuch and I was like wow if
this guy ever writes one of these
opinions or gets his hands on one of
these issues we're done that's why it
didn't surprise me when he was in the
majority to to to do a solid for the Jan
6 insurrectionist and take two of the um
uh highest prison term crimes off the
books against them that of obstruction
of an official proceeding oh no that
wasn't made for that that was made for
something else that that law when
Congress got together in 2002 yes the
words actually say that it could be
applied to this scenario guch and others
wrote but no that's we we we can't allow
that that's that that's they they
weren't trying to stop the Electoral
account they weren't what what were the
J 6 insurrectionists doing uh associate
Justice gorsage this was just a uh a
tour a tour of the capital that had
gotten out of control is that it they
were just this was just tourism instead
of insurrection have you seen the
footage
man now I know who's seen the footage
the DC El the DC uh uh courts and judges
you know the the federal DC trial judges
have all seen the footage thousands and
thousands of hours of the insurrection
watching the Capital burn watching
medieval battles with an outmatched
Capital
police right in the western tunnel in
the west Portico hand toand combat by
Jan's Insurrection is fermented and
pointed there by Donald Trump but it
hasn't got up to the United States
Supreme Court they don't like to talk
about this those pesky little things
called the facts surrounding Donald
Trump so let's not get M whenever you
hear Neil gorsage Alo or Thomas say
let's not get mired in the
facts they're an appell IT Court they're
only supposed to be mired in the factual
record developed below not making up new
facts not tossing out facts not issuing
opinions that are not Tethered to the
facts you know I know they would like to
get rid of cases altogether I can
tell this is to you uh associate Justice
Gorsuch I know you don't like to be an
appell judge what you want to do is just
be uh an imperial Supreme Court that
just issues rulings having nothing to do
with the cases before you that would be
a lot easier a lot easier you don't have
to worry about the record you just make
new law you want to be a leg you want to
be in the Congress but you're not and
then to say that you all you are also
unchecked presidency's unchecked no
checks in balances Supreme Court's
unchecked I got bad news for you go look
in the Constitution this is a dirty
little secret they don't want to
acknowledge they want to say you always
have to look to the words of the
Constitution we're originalists we're
textualists whatever that means you
always have to look there and only there
if it's not there then we're not going
to enforce it go look there I got time
tell me where in the United States
Constitution is the provision that the
uh about your role on the Supreme Court
about the Supreme Court's role of checks
and balances that they're going to be
the one to declare the law of the land
over and override Congress and the
executive branch go ahead I've got time
it's not there that came out of case law
and precedent primarily by John Marshall
the first supreme court Chief Justice
back in the 1800s in which he
established permanently the role of the
United States Supreme Court in the three
co-equal branches of government before
that and based on the text of the
Constitution it doesn't exist so what do
you do with that textualist and
originalists it's not even in the text
you know what else is not in the text
the number of Supreme Court Justices or
whether they should have a lifetime
appointment that all has to be fixed and
one way or the other Kicking and
Screaming Supreme Court Justice or
threatening the president of the United
States with watch out watch out for what
or what or else or what I mean I'm a New
Yorker or what what are you gonna do
about
it we have to have this conversation
Elizabeth Warren Senator Elizabeth
Warren said the Supreme Court is on the
ballot in November and I agree with her
and now you know why and he's put it
people like Gorsuch has put themselves
on the ballot I've said before and I'll
say it again when they write the history
of this particular combination of the
United States Supreme Court Justices it
will go down as one of the worst in
history it will it'll Circle the Drain
of history and so will gorsage and
defending yourself on Fox News is not
going to matter because your because
everything we need to see is in your
decisions and how you rule and what you
rule on we'll continue to follow it all
on the mest Dutch network and on legal
AF I'm fired up legal AF on Wednesdays
and Saturdays at 800 PM eastern time uh
and then on all audio podcast platforms
just plug in legal AF so until my next
hot take till my next legal AF this is
Michael popok reporting herey herei
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Trump White House curtailed FBI's Kavanaugh probe, report finds
by Avery Lotz
Axios
10/8/24

[x]
United States Supreme Court Associate Justice Brett Kavanaugh poses for an official portrait on October 7, 2022, in Washington, D.C. Photo: Alex Wong/Getty Images

The Trump White House allegedly sought to constrain and control a 2018 FBI investigation into now-Supreme Court Justice Brett Kavanaugh, according to new details documented in a report released Tuesday.

The big picture: Sen. Sheldon Whitehouse's (D-R.I.) report details the extreme grip former President Trump's administration kept over the probe into Kavanaugh's alleged sexual misconduct, including having FBI tips forwarded to the White House and preventing agents from pursuing corroborating evidence.

• "The FBI's supplemental background investigation into the sexual assault allegations against Kavanaugh was unreliable, not because of FBI ineptitude, but because the Trump White House tightly controlled the scope of the investigation," the report reads.

• Whitehouse's years-long investigation found that messages to the FBI tip line regarding Kavanaugh's background check were forwarded directly to the White House and never probed.

• At the time, many involved in the case — and those who submitted tips — complained that the bureau did not investigate leads it was given.

Case in point: The White House allegedly instructed the FBI to speak to 10 potential witnesses, but the agency was not given latitude to pursue corroborating evidence.

• Trump campaign spokesperson Karoline Leavitt slammed the report as "another attempt to delegitimize the Supreme Court" in a statement provided to Axios.

• "Everyone knows Brett Kavanaugh was unfairly slandered and smeared with lies in a Democrat-led hoax to derail his appointment to the Court that ultimately failed," she continued.

Flashback: Following Christine Blasey Ford's widely reported testimony that Kavanaugh had groped her at a high school party decades prior, Trump approved a limited, one-week-long FBI investigation into the allegations, which Kavanaugh has denied.

• Another accuser, Deborah Ramirez, alleged in a New Yorker story Kavanaugh had waved his penis in front of her face at a college dormitory party.

• After one of the most dramatic confirmation battles in modern history, the Senate confirmed Kavanaugh to the U.S. Supreme Court.

Trump repeatedly vowed he had not restricted the investigation, claiming the FBI would have "free rein" and should talk to "whoever they deem appropriate, at their discretion."

• Those Trump comments prompted an FBI official to question whether the "scope of the investigation had changed," per the report.

• Emails cited by the report demonstrated confusion among FBI employees, who repeatedly sought guidance. Eventually, additional interviews were requested by the White House.

• "Contrary to President Trump's public pronouncements, the Trump White House directed the FBI's supplemental background investigation through narrow requests for a small number of limited-inquiry interviews, beyond which the FBI was not authorized to investigate," the report found.

Zoom out: The FBI received more than 4,500 calls and messages related to Kavanaugh — none of which were screened or investigated, the report alleges.

• Additionally, the FBI did not interview Ford or Kavanaugh, despite Ford's attorney repeatedly contacting the agency to request an interview.

• The bureau was given no written protocols for the supplemental background investigation.

• Tips, the report notes, were sent through what is now called the National Threat Operations Center rather than a dedicated venue for the investigation.

• Two days before voting to confirm Kavanaugh, senators were given one copy of 1,600-plus pages of FBI research to review, most of which was raw information from tips, Whitehouse's report says.

What they're saying: "The Congressional report published today confirms what we long suspected: the FBI supplemental investigation of then-nominee Brett Kavanaugh was, in fact, a sham effort directed by the Trump White House to silence brave victims and other witnesses who came forward and to hide the truth," Ford's attorneys, Debra Katz and Lisa Banks, said in a statement.

The FBI declined to comment specifically on the report but said, "The FBI, in its role as an investigative service provider, responds to requests from the Office of White House Counsel and other government entities to conduct background investigations of candidates for certain positions."

• The agency added that the scope of any investigation is "limited to what is requested" but that the FBI followed a "long-standing, established process" for the inquiry into Kavanaugh.

The report took nearly six years to compile, the probe says, because of "executive branch delays, reluctance to answer even basic questions, and often-incomplete responses."

• Until 2021, the only information regarding details of the supplemental investigation senators could collect came from non-official channels, like a "publicly available YouTube video in which an agent explained the normal operating procedures for the FBI's 'tip line.'"