Legal AF by MeidasTouch - Judge BLOWS UP Trump’s Plan in ORDER He Feared

Episode Date: October 11, 2024

Trump’s delay strategy in the DC Election Interference case just blew up in his face as Judge Chutkan denied his objection to prevent the 300+ pages of new evidence from being released to the public. Michael Popok reports on Trump’s contempt for the judge’s orders and the judge herself, and the Judge putting him in his place with a healthy dose of sarcasm to boot. Head to https://ollie.com and use promo code: LEGALAF to receive 60% OFF your FIRST BOX of meals when you subscribe today! 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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DC election interference case in front of Judge Chutkin, because instead of filing what she told him to do and following her orders to a file in appropriate opposition and request to have certain aspects of the next filing by the special prosecutor, the 300 page plus appendix containing witness statements and evidence and trial exhibits and other things that they're going to use to prove Donald Trump committed the crimes, instead of doing what she told him to do, he effectively told Judge Chutkin to go legal AF herself. I mean, in so many words.

In particular, he filed a one pagepage piece of paper not compliant with the judge's orders, flouting the judge's orders, attacking the judge again, and all he has to say for himself, citing absolutely no case law. It is devoid of any legal analysis, reasoning, or case law. It does cite Ellie Honig's commentary on CNN and another theory in a magazine that, oh, Jack Smith's got an October surprise for Donald Trump. It's all Donald Trump's left with now. And his lawyers are so intellectually and legally exhausted. They're now just reading the headlines off of anything that looks interesting to them and throwing it in to try to stop the inevitable, which is this judge is about to release to the public hundreds of new pages of evidence and documents and witness statements and grand jury material to prove that Donald

Trump did the crime before the election and while people are voting. And all Donald Trump has to say for himself and his filing earlier today was it's the election people are voting your honor you shouldn't let any more out. I said it in an earlier hot take on our other sister channel Legal AF MTN that he was going to complain again that the whole process is upside down that she shouldn't allow any more out that he's going to make the same tired objections, including election interference. She was going to quickly reject it, and then she was going to put all of this information into the public domain, giving the prosecutor two opportunities, not one, two opportunities to present their case, if you will, to the American people before the election.

And Donald Trump has completely, completely abdicated his responsibility to tell the American people anything differently. He's got nothing to say, so he's not saying anything. There's no other way to explain how two reasonably, what once were reasonably well-respected lawyers, filed a one-page document. Well, Judge Chuckin had had our own one and a half pages because within hours after they filed, Donald Trump filed his piece of paper, which again, no legal argument, no case law, no analysis at all, just telling the judge, we stand on the same objections, Judge. We're not even going to give you what you told us to give you.

We're not going to give you our proposals on how to black out certain of these pages that Jack Smith has provided you. We're not going to give you our proposals on how to black out certain of these pages that Jack Smith has provided you. This is, again, another example of Donald Trump taking the game ball and going home from practice while the real game is still going on. And so he's in contempt. He violated a court order again, blames it on the judge, blames it on everybody else, and the judge had a comeback for him. My favorite part, I'm going to read to you now from Donald Trump and then the court's response. The court's response, I'll give it to you upfront, the court's response was, I'm going to grant whatever the government told me that is the proper redaction and blackout for the

300 pages, I am going to grant that. Now, what she did last time with the 165 page brief is that she immediately had the clerk post it to the public docket. As soon as she read Donald Trump's objection, which really wasn't an objection, yeah, that's not an objection. There's no legal grounds that you're a candidate for office and there's election going on. As soon as she granted that, she immediately ordered the clerk to post it to the public record and we were able to get our hands on it. We thought then that Donald Trump made a mistake in his lawyers, that they didn't ask for time

to go take an immediate appeal and provide the grounds for it and ask the judge, don't post it in the public docket because then the cat will be out of the bag, whatever that phrase is. Don't do it. We thought, well, maybe he should do it now. posted in the public docket, because then the cat will be out of the bag, whatever that phrase is. Don't do it. And we thought, well, maybe he should do it now. So instead of filing what he was supposed to file, he now gets around to asking for some relief

on no basis, with no case law, and doesn't tell her what he wants. Here's what he says in his filing. It says, the president, there should be no further disclosures at this time of the so-called evidence that the special counsel's office has unlawfully cherry picked and mischaracterized

during early voting in the 2024 presidential election in connection with an improper presidential immunity filing that has no basis in criminal procedure or judicial precedent. This is like a seventh grader doing debate. Apologies to all seventh graders that do debate. All right, okay, that's the same arguments we made before that were losers.

President Trump maintains his objections. By the way, you note that he doesn't say, other than saying there's cherry picking and there's mischaracterizations, he doesn't say, oh, and I want to get my brief in on time to tell the American people why I should be exonerated, why the 165 pages, all properly vetted and footnoted and backed by pieces of evidence and triple pieces of evidence,

why all that should be ignored. He doesn't say that. Then he says that it's all in violations and none of it should be allowed. And then he cites, listen to this, this is my favorite part. He doesn't cite to a case law. He just says under motion for immunity determination, citing Ellie Honig, the CNN commentator, Jack Smith's October cheap shot in New York Magazine, which nobody reads even in New York. And then another one, another opinion piece in the New York Times by somebody I don't even know who, Jack Goldsmith, Jack Smith owes us an explanation. New York Times.

I thought the New York Times, Trump was a failing newspaper that nobody read. But he cites to it as a credible newspaper of record. The court, and here's the part that made everybody laugh, including the judge. If the court decides to release additional information relating to the office's filings in the appendix or otherwise, President Trump respectfully requests that the court stay the determination for a reasonable period of time, undefined, so that President Trump

can, and I'm like, here we go, can file an appellate brief and an emergency application to the D.C. Court of Appeals and then to the United States Supreme Court. That's not what he says. It's to evaluate litigation options relating to the decision. This sounds like Trump at the debate. He doesn't have a replacement for Obamacare. He has options that he's considering to one day maybe bring forward. Today's episode is brought to you by Ollie. And I'm not the only one excited

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whatever that means, in some undetermined period of time, which is him begging for mercy to get an extra week to file something somewhere to stop the madness against Donald Trump. We got the order. Didn't take her long to read a page. Didn't take her long to write an order. Here's the order. Defendant has now filed an opposition objecting to unsealing any part of the appendix.

As in his previous filing, this is Trump, he identifies no specific substantive objections to particular proposed redactions. In other words, Trump's lawyers got a copy of what the government proposes, it's just the public hasn't seen it. They've seen all the black tape in the redactions, whatever it is. And they haven't, they should be filing chapter and verse objections to that, but they didn't. Instead the defendant, quote, maintains his objections to, quote, further disclosures at this time

for the same reasons he opposed unsealing the motion in the first place, and he requests that, quote, if the court decides to release additional information, that the court stay the determination for a reasonable period of time so he can evaluate litigation options relating to the decision. Insert laughing emoji here. The court says, I got a job to do effectively, I'm going to, for the same reason

set forth in its decision with respect to the earlier motion, the court determines that the government's proposal, proposed redactions to the append motion, the court determines that the government's proposal, proposed redactions to the appendix are appropriate and that defendants blanket objections to further unsealing are without merit. As the court has stated previously, defendants concerned with the political consequences of these proceedings is not a cognizable legal prejudice. Accordingly, this is the punchline for the order, the government's motion for leave to file an unredacted motion under seal and to file redacted motion on public docket is granted with respect to the proposed version of the appendix. That's that compendium of hundreds and hundreds of pages, 30 pages of single space footnotes of all the evidence that is referenced in the 165

page brief from last week. However, she threw, I don't want to say it was a bone, she threw an anvil at Donald Trump's head. And she did it in a snarky way that makes me love Judge Shutkin even more. The court will grant defendants request for a stay so that he can, quote, evaluate litigation options. Just for those that don't practice law for a living, that's not a thing. That's not a concept. That's not a doctrine. We didn't learn capital E, capital L, capital O, evaluate litigation options as a course

in law school. It's not a thing. And that's what the judge is calling out. She will stay her decision For seven days. It's now up balls in your court Donald Trump or dynamites in your face Donald Trump do what you want You want to try to take an emergency? Application to the United States Supreme Court or go through the DC Court of Appeals. Go ahead

You got a week to do it. Whatever you're gonna do Crap or get off the pot in a week because if after the week I don't have a stay order that's been issued by some of my bosses at the appellate level, Judge Chutkin is telling him, then it goes to the immediate docket. All of this evidence to the immediate docket for us to talk about. So calendar right now, everybody, I'll meet you back here in a week's time. If in a week, if on the 17th of October, a higher court has not stopped or blocked Judge Chutkin from posting this material in the redacted version proposed

by the government on the public docket so that we can get a copy of it. If he hasn't, if he hasn't gotten that kind of order out of anybody, we're going to have a lot of talking, we're going to have a lot of analysis and talking to do. Because we're going to have to go through, we thought 165 pages made our head pop and our eyes pop. Wait till you see the 300 plus pages plus exhibits, you know, A through Z, AA through double Z and beyond that we're going to be able to analyze. And the American people more importantly,

are going to be able to see before the election. Donald Trump abdicated any responsibility and he waived any right to tell the American people that he's not a criminal. He had an opportunity to file his brief in opposition to the 165 pages before, before the election. He didn't want that. And he didn't want to see another brief from the government, from the DOJ. So he asked for a five-week extension and got three weeks of that to put it over the election, which means the next brief from the government is not due until after the election. But he miscalculated about this appendix because he couldn't stop the appendix, right?

He tried. He tried to say, well, judges, all these discovery issues and documents, they owe us documents and you can't release more information. The appendix shouldn't be... And the judge was like, yeah, okay. I set a briefing schedule on okay. I set a briefing schedule on discovery. I set a briefing schedule on motion practice. I set a briefing schedule on this immunity determination, and we're going to stick to it. And now this is going to blow up

in Donald Trump's face. You watch. My prediction, reasonable prediction, DC Court of Appeals is not going to provide, it's not going to block the trial judge's discretion to put on the public docket where it belongs. It's where a public justice system, we don't have start chambers, we don't have secret tribunals, all of the material for the public to see. The press gets to see it, First Amendment, right? So do you and I, and so does Midas Touch and Legal AF. That's not going to happen. Then when he fails at an emergency application, he's going to try to take an emergency emergency

application to the United States Supreme Court. First stop on that train is Chief Justice Roberts. I don't think even this court is going to find that Judge Chutkin has done anything wrong. I mean, she's just solving for a problem created by Justice Roberts. Chief Justice Roberts created this problem. He chastised the DC Circuit Court and he chastised Judge Chutkin in July. But he said, you guys did it all wrong.

You didn't analyze the facts around the indictment related to executive privilege and immunity privilege and constitutional privilege. You didn't do all that. Do it now. Do a fact-based, fact-bound analysis of context. Context matters. That means facts. That means you need facts, facts about the facts,

and facts about the facts of the facts in order to make this determination to solve the problem that Justice Roberts created. There's no other way to do it. And the 165 pages is already in the public docket. So they're never gonna, I don't think there's four votes, let alone five votes, to reverse a trial judge's discretion about what goes on in the public docket. I don't see it. So tune back in here a week from now when we will be digesting in real time, my printer's going to

be working overtime, all the new material, new evidence demonstrating that Donald Trump is guilty in this case. I mean, that's not its purpose, but that's going to be its effect. So great news. As you can tell, there's so much overflowing at the intersection of law and politics that Legal AF and Midas Touch got together and said, we should make a new channel. And we have, it's called Legal AF MTN

for Midas Touch Network. Free, subscribe, and just as importantly, have other friends in your life. Tell them about Legal AF MTN and get them to subscribe so we can grow that pro-democracy channel in parallel to the Midas Touch. I'm the executive producer. I'm the curator of that channel. We sit at that intersection of law and politics so you don't have to.

With commentary and analysis, you can't find anywhere else. So until my next Legal AF, until my next hot take, or my next exclusive content on Legal AF MTN, this is Michael Popak and I'm reporting. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics.

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