Legal AF by MeidasTouch - FED UP Prosecutor UNLEASHES ON Trump in SCATHING LETTER

Episode Date: September 3, 2024

There are 2 people that drive Trump mad: VP Harris AND Manhattan SPECIAL PROSECUTOR and former DOJ attorney, Matt Colangelo and wait until you hear what Matt did next to punish Trump for his bad faith... attempts to delay the 34-count felony conviction sentencing. Michael Popok breaks down a new letter the Manhattan DA just sent to Judge Merchan to keep Trump’s criminal sentencing on track for 9/18. Go to https://WashingtonPost.com/LEGALAF to subscribe for just 50 cents per week your first year! 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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Starting point is 00:00:43 that a jury returned several months ago. They've had it. Donald Trump snuck off right before Labor Day weekend and tried to throw another sand in the gear of justice and to tell Judge Murchon, the judge, they've been trying to disqualify left and right for no good reason. They asked him to delay the sentencing. And they offered that the Manhattan DA was okay with any kind of delay. Why?
Starting point is 00:01:09 Because they filed an irregular, inappropriate, invalid, dead on arrival, notice of removal with the federal judge across the street, judge Hellerstein, and asked him to suck the case over from state court to federal court under what we call removal. That, and I just did another hot take on this one, that one is a DOA.
Starting point is 00:01:31 The motion for leave to file the removal notice, which is what you need after you've been convicted and before you've been sentenced in that timing, because otherwise your notice of removal is out of time. It's late, it's stale. You gotta ask the judge pretty please. And that judge is Judge Ellerstein in the federal court who already rejected you a year ago for trying the exact same trick. And you tried to appeal that, Donald Trump, and then you withdrew your appeal. And the appeal was withdrawn and closed. So you've
Starting point is 00:01:59 abandoned your argument. All things that the Manhattan DA is reminding Judge Mershon in a new letter they just sent in today. The Manhattan DA has had it. They're basically telling the judge, look at the excuses that Donald Trump is using to try to delay his sentencing. A notice of removal that is dead on arrival that they never should have filed, that they didn't get permission to file with Judge Hellerstein, and on the other side, because they're going to be tied up in some briefing related to their attempt to overthrow democracy in the DC election interference case, Donald Trump's always trying to use and to try to whipsaw one case against the other by saying, oh, I did so many. Here's what it boils down to. This is Donald Trump saying, I did so many bad and criminal things, and I have so many, here's what it boils down to. This is Donald Trump saying, I did so many bad and criminal things,
Starting point is 00:02:45 and I have so many criminal cases against me that they all have to sort of step aside and I'm gonna have them compete one against the other and argue in this court on a criminal case that I can't respond timely or things shouldn't happen because something else is happening in that court against me in a criminal case. And the Manhattan DA is like, enough.
Starting point is 00:03:05 Let me read to you from this letter, which I've just sort of outlined. This is from Matt Colangelo. Now, let me give you a little preview on Matt Colangelo. Matt Colangelo drives Donald Trump up the proverbial wall. You think Kamala Harris drives Donald Trump baddie and around the bend? Matt Colangelo does it too. Why? Because Matt Colangelo, before he became a special prosecutor working in the Manhattan DA's office, used to work in the, wait for it, Biden Justice Department on the federal side. This happens. Career prosecutors often move, especially at
Starting point is 00:03:40 the elite level, between state and federal proceedings, different offices. You know, this is what they want to do. They're career prosecutors. They don't want some, some go into private practice, some go to private practice, come back out into, into public service. Kamala Harris. Kamala Harris has always been for the people because she started as a line prosecutor, a day prosecutor in, in San Francisco, then attorney general, then vice president. They're like, Matt Colangelo, yes, used to work in the Biden Justice Department, but now is working in New York. And of course, Trump tries to use Colangelo's presence to argue that they're out to get me. It's lawfare. I'd win the election if it wasn't for Matt Colangelo, something like that. So Matt Colangelo files a letter with Judge
Starting point is 00:04:26 Murchon, yes, in New York practice where I've been practicing for over 30 years. We write a lot of letters. We write a lot of letters to the judge which get filed on the docket and the judge writes letters and emails back and we write letters asking for permission to do things and the judge says yes or no. Yeah, I mean, in other practices, some people who are part of legal AF community, they who are lawyers in other jurisdictions are like, don't you file motions? You write correspondence to the judge? You do. So here's what Judge, here's what Matt Colangelo just wrote that we now have docketed on the as of today. It was written a couple days ago, but didn't hit the docket till just now. Dear Justice Murchon, this letter responds to defendant Trump's
Starting point is 00:05:07 August 29th letter, advising the court that he has filed a second notice of removal to the Southern District of New York. That's the federal court across the street, apparently requesting an accompanying stay of all state court proceedings. Cause that's what he's trying to do with Judge Hellerstein.
Starting point is 00:05:23 Federal law is clear that proceedings in this court, state court, need not be stayed pending the district court's resolution of a defendant's removal notice. The mere filing of a removal notice in a criminal prosecution does not prevent the state court in such proceeding from continuing further except that a judgment of conviction shall not be entered unless the prosecution is first remanded. Well, the judgment of conviction has already happened. The federal court explicitly said the same when adjudicating defendants' first removal effort.
Starting point is 00:05:58 That's what I talked about last summer. He said at the time, Judge Hellerstein told Judge Murchon, proceedings may continue in the Supreme Court of New York. That's the trial court level. The court therefore can and should determine defendants pending motion for immunity and the motion to adjust the post-trial schedule. post-trial schedule. In addition, and this is where you see that the fatigue slash pissed off aspect of the Manhattan DA when Matt Calangelo writes the next paragraph, in addition, not withstanding the defendant's effort to mischaracterize the people's position on his pending motion to modify the post-trial schedule. Our position remains exactly as we indicated on August 6th. The appropriate post-trial schedule should be set by the court to allow
Starting point is 00:06:52 adequate time to adjudicate defendant's motion on immunity and also to sentence him without unreasonable delay, which is a requirement of the law in New York. We note that the concerns defendant expresses about timing are a function of his own strategic and dilatory litigation tactics. This second notice of removal comes nearly 10 months after defendant voluntarily abandoned his appeal from the first unsuccessful effort to remove the case, three months after he was found guilty by a jury of 34 felony counts, and nearly two months after defendant asked this court to consider his motion for a new trial. I love this last part, this little this last little cut to the quick by Matt Colangelo. Nor does the pre-trial
Starting point is 00:07:39 schedule in defendant's federal prosecution for corruptly interfering with the peaceful transfer of power after the 2020 election have anything to do with the post trial schedule in this case respectfully submitted, Matt Colangelo. You're busy. I get it. But if you make time for this podcast, you should also make time for our next sponsor, The Washington Post. The Washington Post is my go-to
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Starting point is 00:10:16 to subscribe for just 50 cents per week for your first year. So there was a lot of different layers there that I wanted to cover on this particular hot take, right? Donald Trump being driven mad by Mac Colangelo. Mac Colangelo obviously knowing that and taking special delight in writing letters back to the judge. He has to write these letters. There's no, you can't leave unresponded to Donald Trump's position-taking. But then he goes a step further and points out this guy's not only got convicted of 34 felony counts, but he's also, his post-trial calendar
Starting point is 00:10:49 and calendar scheduling issues about him trying to interfere with the 2020 election, what's that have to do with anything that's going on here? All should be rejected. Judge, stay the course. You've got jurisdiction. Undue delay in terms of sentencing. Stay on target, Judge.
Starting point is 00:11:04 That's what Michelangangelos and the Manhattan DA is saying. 16th of September, issue your immunity decision. Wink, wink. Let me be a spoiler here in case you haven't been following all these episodes of Legal AF. The judge is not going to find that immunity and the decision rendered by the United States Supreme Court on July 1st in Trump versus US impacts the outcome of the 34 felony count conviction for bad things that Donald Trump did that were criminal in furtherance of a second crime to interfere with the election back before he was president. In the story of me Daniels, I need to cover up the sex act scandal. Not happening.
Starting point is 00:11:45 So he's the 16th that's gonna be denied. No new trial, no new nothing, no vacating, overturning the jury's decision. See you in two days on the sentencing. Now, what we're gonna report on illegal AF in the next few days is both sides have to send in post-conviction sentencing memos with recommendations about how much time.
Starting point is 00:12:08 Manhattan DA is going to say, I don't know, one to three years in terms of sentence for this terrible crime and 34-count conviction of Donald Trump. And Donald Trump's lawyers are going to say, uh, lawfare, uh, political interference, election interference. Uh, uh, he should get, he shouldn interference. He should get no time. He should get an award. He should get a medal. He should get the presidency, something like that. Those are coming in. They'll be sealed on the docket in the beginning. We won't have access to them, but we will eventually on the 18th. Now, what's going to happen just to round out the timeline here so you can get the milestones right, this is going to fail. The judge isn't going to maybe even respond to this. He
Starting point is 00:12:51 may to this back and forth letter between Manhattan DA and Donald Trump on the issue. He set a schedule. 16th he's going to issue his order. Donald Trump has nowhere else to go. He's got appellate issues, appeal issues he wants to file, but it's too early because he's got to wait for what's to go. He's got appellate issues, appeal issues he wants to file, but it's too early because he's got to wait for what's happening here. He could try an emergency appeal Donald Trump to the state appellate court, sort of like what he's doing with the federal judge, but an appellate judge try to get a stay before the 18th and the sentencing, but I don't think that's going to happen. Could, could try. You have to get like a duty
Starting point is 00:13:22 judge. Somebody's just sitting around that day at the first department appellate division in Manhattan. Hi, what are you here for? I'm to represent Donald Trump. We're going for an emergency stay of the sentencing in two days. Okay, then that judge is going to have to decide what to do and then turn it over to a full panel of that appellate division. That could happen. He's tried it before. But failing that, he's going to get the decision on the 16th, he's not going to like it. He needs to take an emergency appeal at that time and try to get an emergency stay of the 18th. The judge isn't going to give it to him. The judge knows how to read the calendar. He knows that the 16th is only two days before the 18th. Anything that is going to stop the sentencing has to come from the appellate court in New York. And I know Judge Murchon knows that. And that's what he's waiting for. It's basically like, it's basically calling
Starting point is 00:14:10 Donald Trump's bluff. You got a good faith basis to appeal anything that I've done. You got a good faith basis to appeal. This is a very New York way of presenting this hot take. You got a good faith basis that I should have recused myself. I'm a disqualified because my daughter works in democratic politics and sits in Chicago and I have no financial relationship with her, no impact on this case. You got things you think I did wrong
Starting point is 00:14:34 in the jury instructions or the way I let evidence in or the type of crimes that I allowed to be charged or the use of certain interrogatories or certain jury verdict forms. Have at it. Bring it. File it. Let the appellate court evaluate it.
Starting point is 00:14:51 And if they want to tell me as the trial judge, stand down for a minute, take a breath, don't sentence him yet, then I'll follow the direction of my bosses at the appellate court. But otherwise, good day, sir. With a tip or a doff of the hat. That's where we're at. That's where we're at. We'll continue to follow it all. Maybe not as humorously as this one, but we try.
Starting point is 00:15:12 At the intersection of law and politics on a show, wait for it, Legal AF. Can you see that? Can you see that album cover? Find out what 40 million people already know. That if you want to learn about law and politics on a daily, hourly, weekly basis, come to Legal AF. We curate the top three or four stories at the intersection just like this. On Wednesdays, I do it with Karen Freeman at KnitFlo. On Saturdays,
Starting point is 00:15:35 with Ben Mycelis. And then on hourly hot takes like this one, right here on the Midas Touch Network, help them get to wait for it. Four million free subscribers. We're building this network organically with our bare hands, without outside investors. And we appreciate your being here as part of your journey on our journey. So until my next hot take, until my next Legal AF, this is Michael Popak reporting.
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