Legal AF by MeidasTouch - Federal Judge STICKS THE DAGGER in Trump’s GUTLESS PLAN, He GOT CRUSHED

Episode Date: November 8, 2023

Judge Tanya Chutkan is once again showing she is reasonable and strong - she gave Trump more time to file motions like he asked, but won’t delay the March 4th trial. Former Prosecutor and Legal AF Host, Karen Friedman Agnifilo reports. Get up to 50% off for a limited time when you go to https://shopbeam.com/LEGALAF and use code CYBER at checkout! 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 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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and buzzer-beater even more exciting with fan duel. Download the app today to see why we're North America's number one sports book, 19 plus and physically located in Ontario. Gamlin' Tom call 1866-531126000 or visit connect centario.ca Judge Tanya Chetkin in Washington DC in the criminal federal case against Donald Trump has issued a ruling that actually is a slight win for Donald Trump. And it shows she's not biased that she follows the law and she is giving Donald Trump the leeway he needs while still maintaining her trial date.

So Donald Trump had filed a motion for more time. And you know, that's what he always does. He wants more time, more time, more time, delay, delay, delay. And don't forget, this is not a case that he wants to go in March of 2024. This is a case that he wants to go never or after the election. And Judge Chutkin has set a very, very strict schedule saying, we are starting trial that day, come hell or high water. That's what's happening. There's not going to be any delays. But it doesn't matter. Donald Trump and his team, they are just absolutely going to do

everything they can and make as many motions as they can to try and delay and to try and get the date pushed. And this was another example that they asked for more time again for discovery and for subpoenas and all of that and the judge ruled and said, I'll give you more time, but I'm not delaying the trial. I know I said that certain motions were due already and certain discovery was due already. I'll give you more time for that. I hear you that you need more time. So I'll give that to you, but I'm not delaying the trial. I took this into consideration when I said this schedule, and I'm keeping it. So what she basically ruled in this opinion

and order, she said that the court previously ordered the motions to compel and motions for rule 17C. What's rule 17C? It's federal rules criminal procedure and it's basically subpoenaing a person or an entity to produce documents, information, or objects. So, it's basically the, it's like a, we call it in state court, a subpoena, deuces, tecum. It's a subpoena for things as opposed to a personal subpoena which is slightly different. Basically it says a subpoena may order a witness to produce books, papers, documents, data, or other objects. The subpoena designates the court may direct the witness to produce the designated items in court but for trial or before they are to be offered as evidence when they arrive,

the court can permit the parties and their attorneys to inspect all of them. You can quash the subpoena, etc. And so it's a certain confidential information has to be like medical records and stuff. You have to get HIPAA consent. But this is a subpoena that parties can ask the court to sign when they want certain records or documents from people or emails or whatever. And defendants have a right to subpoena things to you. You get permission from the court.

They sign the, they will sign the subpoena. And then you get the information, right? And so Trump wanted more time for this. So again, let's go back to her opinion in order. She said that the court previously ordered that motions to compel and motions for rule 17c subpoenas, meaning if you have any motions for subpoenas or if you want to compel people to comply with subpoena, they are due November 9, 2023.

Defendant wants to extend those deadlines and the motion for extensive time to file pre-trial motions related to discovery and subpoenas. Specifically, they asked for February 9, 2024 instead of November 9, 2023. They also asked that the motions to compel be due on a rolling basis within 10 days of the party's meeting and conferring with respect to discovery requests as they arrive. And based on discovery, the prosecution has yet to be produced, which Trump has not currently reviewed. Any any time before trial, the court may extend or reset the deadline for pre-trial motions and she cites federal rule of criminal procedure 12C2. So, she basically says, I'm going to grant the defendant's motion in part and deny

it in part. So what does she grant? She grants him more time to do the motions to try to seek the subpoenas, but not to delay the trial. So then she goes on to say the defendant offers several arguments in support of his motion. First, he argues that the government's discovery is not well organized, citing that the emails are not compiled with attachments and replies, that he secondly argues that the discovery is too voluminous and continues to be provided on a rolling basis, making it difficult to raise motions before the deadline. And third, that allowing later rule 17 C. Sapinas will be more efficient than seeking the same documents during trial.

And he also repeats his view that additional time is needed to preserve his rights to do process and effective assistance of counsel. So there is a little dig. She says he also repeats his view, meaning he's raised it before. Did you know that poor sleep can cause weight gain, mood issues, poor mental health and lower productivity? Sleep is the foundation of our mental and physical health and performance in our days. And having a consistent nighttime routine is a non-negotiable for me. When I don't get enough sleep, trust me. You don't want to be around me the next day. Introducing Beam Dream. You know we've been raving about Beam Dream's powder and their healthy hot

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So she then says most of these arguments are unpersuasive. First, the government points out that the sole organizational defect cited by the defense was actually a best practice rather than compiling the email materials themselves, the government provided them in a searchable format. Basically what they're saying is rather than compile them the way the government wants to have and likes to have their emails, I'm going to give it to you in a way and this is how it's done now. So you can search however you want.

Why should you allow the government to make the determination, oh, these are the more important ones, these are the more relevant ones. I'm just going to give them all to you in a searchable format so you can do word searches. And you can say, oh, I want every email that has the word Trump in it or I want every email that has the word January 6th in it or whatever. Whatever it is that as it as a that the defense attorney would want, that's actually best practice. So she cites that and says that this would allow the defense to easily compile them in their preferred manner. Then she says, oh, then she says, a point to which the defense does not respond.

Second, the court has already considered the volume of discovery materials multiple times in this case and concluded that the schedule that set would be appropriate given, for example, the early production of organized discovery, the quantity of materials that were duplicative or to which the defense had already had access and defendants resources in reviewing the materials. And in the interest of justice, the court must weigh as it has any request for additional time to review the materials against the disadvantage of backloading the pre-trial schedule. So the defendants requested deadline of February 9th for motions for rule 17, Sapena's illustrates the problems inherent in additional delay. On that schedule,

the motions would not be ripe until March 1, 2024. That's three days before the trial scheduled to begin, after which the court would have to rule. The Sapena's, if any, would have to issue, and the materials would have to be produced, and the defendant would have to review them all, all of which could take time and would frustrate the whole purpose of rule 17c which is to expedite the trial by providing a time in place before the trial for inspection. So you see what she's doing, she's saying, yeah, you say you want more time, it's February 9th, so it's before the March 4th. So it makes it seem on its face that they're still, they're not asking for a delay of the

trial. But the way it works is the motions would be due February 9th, the subpoenas would then issue. Then they'd have to get the stuff back and then they'd say, oh, there's so much stuff now we need delay. So it's just yet another delay tactic and she's pointing that out that they keep doing this over and over and over again that she's considered it. But then she says that said, the court will permit one more partial extension of the deadlines for motions for rule 17 subpoenas of about a month. That will still allow these motions to be briefed

and decided and any subpoenaed materials to be produced and reviewed before at the scheduled trial. And with respect to motions to compel, the court will permit a deadline extension of about two weeks. As defendant requests, this will permit the parties to further confer regarding any outstanding discovery requests and allow time to file motions. After that, and this is the most reasonable thing she does, after the deadline, the defendant

may seek leave to file any additional motions for good cause. For instance, if the motions are related to discovery produced by the government following the deadline, that will preserve defendants right to raise motions with respect to government discovery. Accordingly, the motion for extension of time to file pretrial motions is hereby granted in part, denied in part, and the defendant is hereby ordered that the deadline set forth in the court's pretrial order and the court's opinion and order in ECF numbers 39 and 82 are amended as follows. Motion to compel shall be filed by November 27, 2023. Oppositions are due December 11, 2023, and replies are due December 18.

And motions for rule 17 shall be filed by December 13. Oppositions shall be filed by December 23, and replies in she'll be filed by December 13th. Oppositions she'll be filed by December 23rd. And replies and support will be filed by January 3rd, following these deadlines. Defendant may request leave to late file a motion for good cause. And the court will consider that request. Judge Tanya Chukkin is showing herself

to be entirely reasonable. Entirely reasonable. She's saying, OK, I'll give you a little more time to file your emotions, a little more time to consider things and to get things in. I'm not delaying the trial, but these deadlines, I'm also going to let you late file if you show me a good reason why delay is not a good reason. I will consider your reasonable requests for a little more time. If you need a little more time, these aren't like, this isn't like a game of trickery, which is, you know, the way

sometimes Donald Trump likes to portray the court system to be. It's not a game of gacha, and she's being completely reasonable. She's giving him more time than he's asking for, but the one thing she's not doing is delaying the trial. She has said this trial is starting March 4th, 2024, and it sure looks like it's going to happen that day. So she's reasonable. She's giving Donald Trump what he wants, but also being strong.

I'm Karen Friedman Agniflow with LegalA, join me and my co-hosts every Wednesday and Saturday. Hey, Midas Mighty. Love this report. Join me and my co-host, Everyone's Day and Saturday. Hey, Midas Mighty. Love this report. Continue the conversation by following us on Instagram. Ath Midas Touch to keep up with the most important news of the day. What are you waiting for?

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