Legal AF by MeidasTouch - Federal Appeals Court RULES AGAINST Trump AGAIN

Episode Date: July 10, 2023

Michael Popok of Legal AF reports on Trump losing another appeal to stop key witnesses from testifying against him. This time Trump's attempt to stop Mike Pence from testifying at his criminal trial was denied as a three judge panel of mostly Republican-appointed federal appeal judges dismissed his appeal as requested by Jack Smith’s team. Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

Before Jack Smith's grand jury, you will recall that Jack Smith subpoenaed in a historic move, the former vice president to testify about everything he knew about Donald Trump is participation in the criminal scheme and conspiracy to claim to power all the way through November, the election before November, December, January, 6th and the like, including about Mike Pence's own role, the fake elector scheme that was being promoted by Republicans and advisors and Donald Trump himself, Sydney Powell, Rudy Giuliani, Mike Flynn, and all of those people. And the role that they were trying to have Mike Pence play to abdicate his constitutional duties and help overthrow democracy.

So Mike Pence was, of course, a critical witness and has been a critical witness to Jack Smith. Now, basically, there were two pieces of litigation proceedings that broke out as a result of the subpoena. Donald Trump went to court to try to quash the subpoena, arguing executive privilege that he was the president. Anything he told Mike Pence about, you know, him wanting to promote a coup and cling to power and stop the peaceful transfer of power was somehow covered by executive privilege. Couldn't be a turning client privilege because Mike Pence was not as lawyer and as not a lawyer.

So the only privilege left for Donald Trump was executive privilege. That was rejected by a DC circuit court trial judge who said, I don't think so. There was an appeal that was taken by Donald Trump. That's what this hot take is about and what happened there. The second piece of litigation that happened at the same time is that Mike Pence wanted to limit or stop his testimony. So he and his own name as former vice president filed a case because it dealt with the grand jury process, which is overseen by the chief judge, the then chief judge of the DC circuit court, which was

at the time. And it's still now Jeb Bozberg. Jeb Bozberg got the objection of the vice president conducted a hearing, a secret hearing, but one that we now know about through remedial reporting, in which Mike Pence argued that the speech and debate clause of the US Constitution, which protects legislatures from being sued or having to reveal what their thoughts, hopes, dreams, and prayers, statements that they made in the exercise of their acts as members of Congress, as members of the legislator legislative branch, that that's protected and he can't be compelled

to testify about that. And Mike Pence made the incredible leap that since he was for a moment on Jan 6, the president of the Senate, not really making law, not a legislator, but he had a role within the Senate chamber. Therefore he gets the benefit of speech and debate clause immunity. It doesn't have to testify. And Jeb Bosberg heard all of these arguments and concluded that for most of what he was going to be asked about at the Jans at the grand jury related to Jan 6th, was not covered by speech and debate. He was not functioning as the president of the Senate during those moments when he was in the White House,

when he was in the East Wing, the West Wing, talking to President Trump, listening to the coup plan and plot around him, hearing about these lawsuits being filed by Rudy Giuliani and Sydney Powell on behalf of Donald Trump, all of the crazies, the pillow guys, you know, Michael and Dell, the head of overstock.com, Pat Byrne, all bending the ear of the president to try to promote this coup in Vogue Martial Law, seize the voting machines, all of that. That's what the grand jury wants to hear. Mike, stand up and talk about it. Talk about the pressure campaign that was put on you to try to participate in the fake

Elector scheme devised by John Eastman Peter Navarro Giuliani and the rest to to create fake electors and seven battleground states deliver them to the National Archive deliver them to Mike Pence Have him object to the legitimately cast and certify and don't certify the Biden proper certification showing that he won the election, but recognize the ones that were phony for Donald Trump. That Mike Pence, that's what he had to testify to. And Jeb Boseberg, the chief judge of the DC Circuit Court told Mike Pence, there's a

very narrow area you don't have to testify to. It's like when you're certifying, like when you're up there with the gavel, you know, the Clark cans, you have the gavel and you got that, you get to be the play legislator like play school for a moment. Okay, you don't have to talk about that. Everything else you do. And that was the decision.

And Mike Pence decided not to appeal that decision. So he skips the appeal. So now you've got Mike Pence getting a ruling he can live with by Jeb Bozberg, you know, where he has to testify about about 90% of what happened, but 10% he gets to say, I won't speech in debate. I got to use that immunity clause for this small, small, very microscopic set of materials. And Donald Trump's like, no, no, he's not going to privilege. I'm on appeal to the DC court of appeals.

And the DC court of appeals, the panel, it's a three-judge panel, that was picked, was like cherry lemon orange. It was like one George H.W. Bush appointee, one Trump appointee, and one Biden appointee. All right, sounds like a joke. Those three walk into a bar. What happens next?

What happens next is they at the urging of Jack Smith this past week, dismiss Donald Trump's appeal. Mike Pence already testified. Mike Pence already went in and testified already. And so it's sort of a mood, a mood point at this point. He didn't, Trump didn't get an injunction. He didn't get to stop the testimony and the testimony is already happened. And therefore, the three judge panel at the urging of, of Jack Smith's team, giving Jack Smith another win, but another belt up on the wall. In this case, it was a judge

Karen LaCraft Henderson and H. W. Bush appointee, Justin Walker, a Trumper, Trump appointee, and also Judge Garcia, Biden appointee, all agreed that this, this appeal should be dismissed. It's basically moot. Pence has already testified, cats out of the bag, whatever that phrase means. And Donald Trump's lawyers were opposed. So this wasn't like an agreed decision in a greed resolution.

Donald Trump's lawyers were like, no, appeal, he's still the executive privilege, because he's losing badly everywhere. And all of these things, including the testimony of his former vice president against him, along with the other long litany, would take me five hot takes to give you the list of all of the former advisors, lawyers,

inside East Wing, West Wing people, uh, vice presidents that have all testified willingly or not kicking or screaming or voluntarily against Donald Trump. As I said, in a prior hot tick, he has more evidence against him for this one man crime spray than like it could convict like a dozen people. And this Mike Pence loss on the appeal is another win for justice. And it creates a body of jurisprudence that will be used in the future. Someone will cite to in a future attempt by another future fascist dictator to cling to power. They will cite the case of Trump V, you know, special prosecutor

department of justice to quash the subpoena of Mike Pence and rule that, well, under that precedent, you know, that appeal was dismissed. And so it goes where not only is Donald Trump being brought to justice, slowly but surely indictment after indictment, grand jury work, after grand jury work. But a body of law and decisions is being developed. US versus Trump, Trump versus US, all of that, which will be used to keep and check a future despot who's out of control. I'm gonna follow Trump's losses. I'd follow his wins, but frankly, he doesn't get any.

I'd follow the areas and I have to be fair, or I'd have to be balanced, if you will. I have reported on the rare occasions when Donald Trump wins anything. But when it comes to criminal justice, he's a dead-bang loser. All of his appeals, all of his lawsuits are dead on arrival. And if he gets a win at the trial level, he gets a major loss and setback where it counts at the appellate level. And we'll report

him on hot takes just like this one, only on the Midas Touch Network. We pull it all together. These politically charged litigation matters. And I report on him as a co-anchor, on a show that I co-founded, called Legal AF, also on the, you guessed it, Midas Touch Network. And if you like what I'm doing here, give me a thumbs up, it helps with the algorithm. If you like, you know, hearing from me on a regular basis, follow me on all things social media, including threats at MSPOPOC, Smikle Popoc, LegalAF reporting. At MidasTouch, we are unapologetically pro-democracy and we demand justice and accountability.

That's why we're spreading our message to convict 45. That's right, gear up right now with your convict 45 tease and pins at store.mitustouch.com. That's store.mitustouch.com. at store.mitustouch.com. That's store.mitustouch.com.