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He who rides the tiger fears the dismount. If you had Musk firing Trump on your bingo card, you won. I thought what just happened last week with Donald Trump having a major falling out with the hand that fed him, the Federalist Society and Leonard Leo was bad for Donald Trump's future political fortunes and for his attempt to shove his policies down our throat. But now we have all in all
out and out warfare, as you have you've heard before between Donald Trump and Elon Musk. But I want to take it on this particular hot take on the Midas Touch Network from a different angle, from a law and politics angle, from a litigation angle, the more than a dozen lawsuits that are out there and what Elon Musk jumping off sides.
and firing Donald Trump means in the courtroom. Because just because you've had a little bit of a spat in public in which one guy says you're not grateful enough for having bought you the presidency and the guy that's the president saying that you're an ingrate that can't be trusted. And now you've got
cancellation of contracts being threatened and Elon Musk went there on the Epstein, the Jeffrey Epstein files. Go see the Midas Touch video that's up related to that.
That doesn't change the fact that Elon Musk is a defendant in several cases, almost a dozen of them. And if he's not a defendant, Doge is, and his testimony will be critical to any attempt by Donald Trump to win. Let's just talk about what a rogue witness, a rogue party, the impact it has on a case and what it will do to buoy the fortunes in the dozen cases.
There is a major case, for instance, in front of Judge Chutkin, in which more than a dozen attorneys general led by Letitia James of New York have sued claiming that Donald Trump violated the appointments clause by improperly and not appointing Elon Musk the right way to a major position that should have been appointed and confirmed by the Senate if they're right.
And Judge Chutkan has refused to dismiss that lawsuit and has refused to dismiss Elon Musk from that lawsuit, although she did kick Donald Trump to the curb personally.
If they're right, everything that Elon Musk did, everything that Donald Trump did through Elon Musk, all of those departments that were put in the wood chipper, all of the defunding of our public agencies, all of the defunding of humanitarian aid, all of the elimination of entire agencies and departments that are connected to the American people, all is found to be ab initio, void.
illegal, has to be undone and unwound, the toothpaste shoved back into the tube. Now just think for a moment, and I'm going to do it from a trial lawyer perspective, just think for a moment what an Elon Musk no longer under the greasy thumb of Donald Trump or vice versa means for these cases.
Does anybody now think that the guy that just went there in a social media post and accused Donald Trump effectively of being a pedophile, along with Jeffrey Epstein, is going to hold back when he is deposed and favor Donald Trump's side? How are you going to prepare that witness? I've prepared hundreds of witnesses for depositions, some of them quite difficult, to get them ready for their deposition. You're not going to be able to prepare Elon Musk to within an inch of his life for his deposition, for his sworn statement.
He probably won't even meet with Donald Trump's lawyers at the Department of Justice to be prepared for such a thing. This is a guy who not only went there calling effectively Donald Trump a pedophile, I mean, just putting up a picture of Donald Trump and Jeffrey Epstein sort of does the trick. He's also claimed to have bought a president. He said, I basically bought you the presidency and the results against Kamala Harris. All right, he said that out loud. And is anybody shocked? Three days ago, he called the big, beautiful budget bill
An abomination that should be completely stricken, that's going to raise prices on the American people. He's suddenly back to the hymnal of the Democratic Party. Can't we adopt him in the draft? Can't we now take Elon Musk? He seems to be a free agent and available. But the impact on the cases cannot be understated.
If Elon Musk is going to now return to being Elon Musk who will say and do anything out loud in his own personal interest and doesn't care about the results, if that is true, then Donald Trump is going to lose a fair share of the 12 major cases against him, which is going to undo everything that they just did. I mean, it's hard to believe Elon Musk was only in the government for 120 days. Talk about maximum destruction.
But if the cases are successful to show that the privacy rights have been violated of the American people, and more fundamentally, that Elon Musk was not properly appointed and confirmed by the Senate, everything that he did will disappear. Well, we'll force it to anyway. The weather, it's heating up, and your nighttime bedroom temperature has a huge impact on your sleep quality. If you wake up too hot or too cold, I highly recommend you check out Miracle Maid's bedsheets.
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They asked Donald Trump during a press conference with the chancellor of Germany, what's going on with you and Musk? Well, we used to be friends, but I don't think so anymore. Right. Right. And if Elon Musk is now on the outside, you know, there's an old, slightly disgusting phrase about peeing in a tent.
You know, you'd want you want Elon Musk inside your tent peeing out, not outside the tent peeing in. And right now we're in a peeing in moment, ladies and gentlemen. And the plaintiff's lawyers, the attorneys general, the public interest groups, the ACLU, Democracy Forward and the rest have got because I would be have got to be chomping at the bit. This is payday and pay dirt. So here's what I do.
I schedule Elon Musk for deposition. You're then going to watch the Trump administration scramble to try to cover it with executive privilege. There's going to be a fight over privilege. Elon Musk is not at the current rate, not going to help with that fight. I want to talk. I don't want to be gagged. I'll post it on social media. You see where this is going. This is going to be manna from heaven for plaintiff's lawyers in the cases against the Trump administration.
This is why when you have a ex-employee, and I've done enough corporate litigation work to know that which I speak, when you have an ex-employee who's got a major ax to grind, you want to try to find ways to bring them back in and tether them to your side.
Sometimes that's done, if it's your corporation, with more money. Yeah, it looks like a bribe and it smells like a bribe. You can't do it at the time they're noticed for deposition. But you can find ways to hold them to a non-compete, to hold them to a non-disclosure agreement, to hold them to a confidentiality agreement. Musk doesn't have any of those things. There's no contract he signed with Donald Trump that's worth the paper that it's written on. He is the ultimate free agent.
And that is every trial lawyer's wet dream. The ex-insider who's now effectively become a whistleblower. Elon Musk, the whistleblower against his own actions. You cannot make this up. I'm going to continue to follow it. It's that good. It's that good.
Every day, every way that Elon Musk posts something on social media that accounts for me to be a whistleblowing activity. You're going to see me talking about it and fitting it into the jigsaw puzzle of all these other cases. Where do I do that? Two places. Midas Touch.com.
Subscribe here. Legal AF in collaboration with Midas Touch, a channel that I curate. I got about a dozen different amazing contributors all at the intersection of law and politics. I got a new podcast on Tuesdays. We call it The Intersection with Michael Popak. I analyze things just this way for you so that you can make sense of it all. And then, of course, we've got the Legal AF Substack Podcast.
where I post all the filings in all the courtrooms, do my own analysis, legal AF the Substack. So until my next report, you know it, I'm Michael Popak.
Can't get your fill of Legal AF? Me neither. That's why we formed the Legal AF Substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the Substack. You'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, Morning AF. What else? All the other contributors from Legal AF are there as well.
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