Legal AF by MeidasTouch - NY Judge RULES on Trump SENTENCING…

Episode Date: September 7, 2024

MeidasTouch host Ben Meiselas and Legal AF host Karen Friedman Agnifilo report on the breaking news of Judge Merchan’s sentencing of Donald Trump in the Manhattan DA case. Use code LEGALAF to get 10 percent off your next order at https://bookshop.org/?utm_source=meidas-touch&utm_medium=youtube&utm_campaign=meidas-touch-legalaf&utm_content=brand 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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Our kids are counting on us. Join us at buildingbetterschools.ca, a message from the Elementary Teachers Federation of Ontario. Karen, the headline here is that Justice Mershawn in the Manhattan District Attorney criminal case has agreed to adjourn Donald Trump's sentencing in the matter until November 26th, if necessary. Justice Mershawn ruled. He also said that he will be ruling on Donald Trump's motion to set aside the jury verdict on Trump's claim of absolute presidential immunity on November 12th. What this means is that the sentencing that's currently scheduled for September

18th will no longer take place. And that will be adjourned until those dates that I just said, a four page written order was just issued by Justice Mershon. And in this written order, he says the reason he's doing it is because the presidential election. He says that even if I have to adjourn by about a week, that will bring us

approximately 41 days until the 2024 presidential election, he says on page two, this matter is one that stands alone in a unique place in the nation's history, and this court has presided over it since its inception from arraignment to jury verdict and a plentitude of motions and other matters in between. It goes on to say that, unfortunately we are now at a place and time that is fraught with complexities, rendering the requirement of a sentencing hearing

should one be necessary difficult to execute, thus in accordance with certain of the grounds submitted by defendant and the reasons for adjournment provided by the people, coupled with the unique time frame this matter currently finds itself in." The sentencing date is adjourned. The court does give a little jab, if you will, at the Supreme Court saying, I was ready to do this sentencing. There shouldn't have been delay. The Supreme Court made this ruling.

I now have to decide these issues of absolute presidential immunity. That's going to take time to do. And again, one week, two weeks, given the proximity to the presidential election means given this unique weeks, given the proximity to the presidential election means, given this unique timeframe, even the appearance that there could be any issues, despite the fact that there are no issues at all. But even the appearance is why Justice Bershon is saying, let's move this back to November, the appearance of impropriety or the appearance of somehow

this being politicized, which it wasn't. And you know, Justice Bershant said, I have applied the facts and the law at every step of the way. Karen, what do you make of it? Because, you know, I'll give you my opinion. I think he's been bullied by all of this talk by the right wing. You know, he's been sued by Stephen Miller's group, Elise Stefanik today brought ethics complaints against him. They're subpoenaing his daughter.

The appearance was contrived and he seems to be buying into that to push this thing, you know, into November, you know, into November. I want to get your take on it. take on it. Yeah, I mean, look, Judge Marjane is a very calm, measured, down the middle, show no emotion kind of guy. This order is the most emotion I've ever seen him show. And if I want to press the reveal codes on really what is being said here, first of all, he smacks down the Manhattan DA's office pretty swiftly

and handily and basically says, I read your letter, I know what you meant, and I'm not gonna let you put this on me. You essentially have, you've essentially agreed. So what he essentially, I'm gonna read it, it says on October 29th, defendant informed this court by letter that he'd filed a second removal notice

to the United States District Court, blah, blah, blah, Judge Hellerstein. He's trying to remove it to federal court. Defendant's motion was denied by Judge Hellerstein and defendant is currently appealing that decision in the Second Circuit Court of Appeals. As a threshold matter, this court finds that despite the people's stated neutrality, they present concerns in their letter of August 16th, 2024 in a manner which seemingly supports defendant's application for adjournment. The people certainly do not oppose, and a careful reading of their response

can fairly be construed as a jointer of the motion. So what he's basically saying there, and I said this a couple of times in legal AF and mistrial and on hot Takes, that this was as close to them agreeing as you would have. This is essentially sending the message to the judge that they agree that this should be adjourned given the concerns. The fact that, look, no matter what Judge Marshawn rules on immunity, it's appealable to the United States Supreme Court. Manhattan DA's office knows that. And so they can't really argue that the two days between

September 16th when Judge Marshawn is deciding the motion on immunity and September 18th when he was supposed to be sentenced is probably not enough time to go up to the Supreme Court. So they were essentially agreeing, but they didn't want to completely agree because then they get criticized. So they tried to be too cute by half and put it on the judge and say, well, we take no position. We're sure the judge will do whatever it is that you want. And the judge basically said to them, not so close, not so fast. You're not putting this on me. You joined in that motion.

I know what that what that letter said. And so because everyone I knew what that letter said, too. So he basically said, you you agreed. And so so I'm doing this because you also agree. I'm not you're not putting this all on me. But I do agree with you. It's like he was bullied. He actually he he basically is saying,

you know, in the part that you just read that that look, I'm people are a critic. He didn't say this, but this is what it's saying is, I've been criticized 12 ways to Sunday, I'm being sued, everyone keeps talking about that I'm biased and this and that, well, I'm not. And so this should take away any hint or indication that there's any issue of impartiality whatsoever.

And I'm taking this out of the political process. He goes on to say, look, the sentences, sentencing hearings get adjourned all the time, which is true for any number of reasons. And so he's allowing this to also be adjourned. Because, you know, for all for all of the reasons that we discussed, but I agree with you completely, this is the fault of the Supreme Court by creating this new immunity provision, by creating this new situation where suddenly you can't use evidence in that,

because this is not, as you know, as you're well aware, this is not about whether or not he was immune on the charges charges on the conduct There's nothing there's no way not even Trump is arguing that he was immune that he that he should receive absolute presidential immunity from prosecution for paying his private attorney money and then Writing in the books that it was one thing when it was something else in order to pay off a porn star while he was a Candidate not while he was actually a president. There's nothing presidential about it and

Judge hellerstein has ruled that Several times even underscored it again yesterday in federal court in this removal Proceeding that that Donald Trump is trying to do again get the gattas out of the State court and into federal court. And Judge Hellerstein keeps underscoring, I said it before, I'm saying it again, this is private. This is not presidential, this is not official, this is not something you're gonna be immune for.

But the Supreme Court created this new category that it's not just about things that you could be immune for your conduct, but also evidence. Evidence of official conduct cannot be used in a trial for unofficial conduct that you could be prosecuted for. It's kind of complicated.

And so that's what the judge has to decide, Judge Mershon in this particular case. And that's what he's going to be looking at when he makes this really difficult decision on whether or not Donald Trump is going to be immune, you know, whether I should say this case should be dismissed because inappropriate evidence was admitted against him. And there are some non-frivolous arguments

that he's going to have to wrestle with, and it's complicated. Legal AF is brought to you by Bookshop.org. You may be watching or listening to our show right now, but are you reading enough? It's time to dive back into books and conquer that reading goal you set for yourself this year with Bookshop.org.

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at bookshop.org. That's code LegalAF to get 10% off at bookshop.org. Right, and we've talked about this before, the whole Hope Hicks part of it. When Hope Hicks, although she was a communications director, she later, you know, for the campaign, she later became a communications person for the White House and a very critical piece of evidence

at the trial that the prosecutor summed up on and said to rely on to the jury was that this conversation with Hope Hicks where Donald Trump said, where he said, I'm glad the Stormy Daniels stuff didn't come out before the election. That was a critical piece of evidence because what made this a felony from a misdemeanor was that the jury had to find that this was all about the election. They weren't, he wasn't paying a porn star so that Melania wouldn't find out. He was doing this so that the American people wouldn't find out. And so in order to influence the election. And so, so the judge is going to be wrestling, I think, with that one piece of evidence in

particular, in addition to other pieces of evidence that may or may not have been appropriate, and he's going to have to rule, was that a harmless error given the Supreme Court decision? And so I think he's acknowledging the gravity of the decision. He's acknowledging that this case is sui generis and very unique in terms of who the defendant is, also the moment in time that we are at, which is right before the election

caused by the Supreme Court and caused by Donald Trump. But I agree with you, he's definitely been bullied by Donald Trump and his proxies, the Stephen Millers of the world who are suing the judge, who are suing his adult daughter, who are making these accusations against them. And he's like, look, I'm going to just so that there's no, no, no claim of impropriety will adjourn this.

Yeah. And the contrived claim of impropriety because the MAGA Republicans, this is my opinion, have weaponized house of representatives. They've weaponized the proceedings to attack a judge who was doing his job because Donald Trump falsified business records and after being indicted by a grand jury was criminally convicted by a unanimous jury. Bradley Moss, a notable lawyer, says the following, Judge Mershon arguably made the correct legal call here. It doesn't matter that the arguments by Trump were garbage.

It doesn't matter. Trump is going to attack him anyway. It doesn't matter that Trump and his minions would never go out of their way to avoid the possibility of prejudicing the voters. Ethics still matter. Principles still matter. It's on the voters to decide Trump's immediate fate. If he loses in November, the criminal justice system awaits.

My brother Brett posted the following, my probably unpopular hot take here is that this is actually better. Takes away his talking point, removes Trump campaigning on his sentencing, fundraising on his sentencing. He still will try, but it won't be as effective. It prevents Trump from rallying people to his side as a martyr. If he is sent to jail, keeps focus on the election and the January sixth case in the interim.

And it is a good, um, nuance point Brett makes that there will be all of these filings in connection with the DC federal criminal case right now regarding Donald Trump's attempt to overthrow the 2020 election based on Judge Tonya Chutkin's ruling. Also another kind of nuance here, although it probably doesn't matter anymore because Trump's attempt to remove this state case to federal court was to try to block and delay the sentencing from happening anyway. But, uh, federal judge Alvin Hellerstein moments ago denied Donald Trump's

request to stay the entire proceeding, um, pending Trump's appeal process to the second circuit court of appeals, which is not fully mooted, but somewhat mooted now that this sentencing has been kicked to November. Now ultimately I think where I err on this is I probably disagree with Brett and you know and others who suggest, you know, it's the right call. I mean to me the right call is to have no favor to anybody regardless of these circumstances. Donald Trump committed the crime. The fact that he is running as a way to avoid criminal accountability.

Um, you know, to me should not, should just, it just shouldn't be a factor. You know, I liked what judge Tanya Chutkin said at the federal court hearing earlier this week, where she said, I don't care about he's running. She said where she said, I don't care about he's running. She said, she said, I don't care that he's running. I don't care at all. I'm going to just go through my criminal process and you worry about that. I'm going to worry about this.

Clearly here, Justice Murchon said that it was a major consideration that the election is soon and he kind of applied a standard and he admitted to doing it that wouldn't be applied to anybody else. Here, that's the facts. That's what he did. And it is what it is. Can I give you one more silver lining, Ben, on this? So if you were to look at, so Just Security did an analysis of all the cases in New York State that have charged felony falsification of business records and convicted on that charge, and around 20% of them receive prison time. If you look at the facts of those cases and you compare them to the facts of this case,

there is no question in my mind that this is a state prison sentence. I mean, this is, if Judge Mershon does, without fear or favor, mete out the appropriate sentence here, it will be state prison, because the conduct here is so egregious. He was convicted of 34 counts. He did it in order to influence a presidential election. The guy has three other open indictments.

Well, I shouldn't, he has two other, because one was dismissed, Mar-a-Lago. And he was held in contempt 10 times for violating a gag order. He threatened the prosecutor. I mean, this guy, like if you're Judge Marshawn, you're sentencing him to state prison. He can't do that either before a state, before the election.

And I know that that's gonna be on his mind. So this way you see if he wins or not. If he loses, he can sentence him to state prison, he could put him in. So I'm just gonna give a little silver lining here that if he loses this election, he's going in. He's gonna have to bring his toothbrush as they say. Yeah, let me look, if and when he loses,

it's jail for the rest of his life, it's prison for the rest of his life, this case, the other cases, you know, but he did manage to derail the sentencing with the assist of the right wing Supreme Court. That's that, that, that's the final chapter in the sentencing aspect of this is that the right wing Supreme Court justices jumped in, they did some, they invented new law and they stopped it from happening. And that's really where this goes. And that's what justice and Mershon even says in his order.

He's like, I was moving this quickly, efficiently. They did this and now I'm kind of bound by it. And, um, and here we are. So, um, look, we'll give you the news, the good, bad, the ugly here. Here are the facts. You know, you're empowered to know them now. Karen, thanks as always. Everybody hit subscribe, let's get to four million together.

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