Legal AF by MeidasTouch - Prosecutors INSTANTLY FIRE BACK at Trump STAY REQUEST

Episode Date: September 6, 2024

Trump’s desperately begging the Federal Appellate Court to stop his Manhattan DA sentencing on September 18th. The DA’s office fires back in a letter saying no need, the case must proceed! Former Prosecutor, Karen Friedman Agnifilo reports. For their buy 1 get 1 50% off deal, head to https://3DayBlinds.com/LEGALAF 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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for Donald Trump to try and avoid being sentenced in the Manhattan DA case where he was found guilty of 34 felony convictions, where he literally is now going to be sentenced in a matter of days. He's supposed to be sentenced on September 18th, 2024, and it might get moved, but that is what he's trying to avoid. He's so desperate to not be sentenced and not be sentenced before the election

that he's running to federal court begging for an emergency stay, that this has to be stopped, that you cannot possibly sentence me. That's what he's doing. It's like he's running to mommy because he's too scared to be sentenced on September 18th or whenever it is that Judge Marshawn, if he changes it, decides to sentence him. Now, today, September 5th, 2024, the Manhattan DA's office

has responded to this emergency request that Donald Trump has filed in the U.S. Court of Appeals for the Second Circuit. So let's back up and say, what is that and why is he going there? So if you remember, originally, Donald Trump tried to get the Manhattan D.A. case removed to federal court. And to do that, there's something called removal. It's federal removal. And and to do that, if a defendant wants to remove a case to to federal court,

the way they do it is they have to show that it implicates a federal interest or a federal somehow you're working within your job description or under the color of law of your federal authority and that there's a viable federal defense available to you. And that's when you get removal. Well, Judge Hellerstein was the district court judge in the Southern District of New York that heard the case. And at the time he heard the case, they had a hearing

and he determined that, you know, this was private. This was a private action that a private person, candidate for office at the time, paying his private attorney, Michael Cohen, a hush to pay off a porn star. All private. It has nothing to do with being president of the United States, And this was not appropriate for removal. Well, Trump decided not to appeal that order. OK, he didn't appeal it. He just let it be, went to trial in state court, and was found guilty of all the charges, 34 counts.

And he is slated for sentencing. Well, in the interim, what happens? The Supreme Court issues the immunity, the presidential immunity decision regarding the January 6th, Washington, D.C. case, right? The special counsel case. And said that presidents are immune for certain conduct, right?

Former presidents. So anything where he was working in his core presidential function or in the outer perimeter of his presidential duties, starting to sound a little bit like removal, which, P.S., is why Donald Trump wants to get the case removed, because if he can meet that threshold,

then he will be immune from prosecution. So he, after that decision, he goes running back to Judge Hellerstein and says, look, look, after that decision, I'm immune, please, you know, I want to bring a case here. And Judge Hellerstein basically smacked him down and said, you didn't properly ask for leave to file this because you have to ask permission because you already had your one bite

at the apple and you didn't appeal it. So to come back, you have to ask permission. You didn't. And so there's been a little bit of a procedural back and forth. And then Judge Hellerstein finally said, look, as I said before, once they finally got their their act together and everybody filed everything appropriately, what Judge Hellerstein essentially said fairly quickly was, look, I ruled before and nothing has changed.

This was private conduct by a private person paying hush money to a porn star and lying about it through his private attorney. So he said that, so they take that, Trump takes that and runs to Judge Hellerstein's boss, right, the appellate division. That's, it goes district court, appellate, right? The appellate division, that's it goes district court, appellate court or the appellate division.

The circuit, they're really the circuit courts and New York's in the Second Circuit. Above that is the United States Supreme Court and goes running there and basically says, we need an emergency stay, okay? This is where it gets desperate. I don't wanna be sentenced. You have to stay the state court proceeding

while I brief this properly below. Judge Hellerstein is not doing what I want him to do. So he's basically begging and pleading for them to in an emergency to stop or stay the state court proceeding because he's going and the reason that the showing that he has to make is irreparable harm and what's the irreparable harm? And what's the irreparable harm? Who knows what the irreparable harm is to him? I'm sure it's the election, which is not an appropriate thing for the courts to consider. As I think Judge Shetkin said once, that's his day job.

And this is a criminal case. OK, so what happened today is the Manhattan DA's office wrote a letter brief, and that's that's what we do in New York sometimes as we write these letters to the court. It's essentially a brief or a motion or you know, it's a formal request to the court. And this is to the clerk of the court of the U.S. Court of Appeals for the Second Circuit. This is being signed by the chief of the appeals bureau in the Manhattan DA's office who works for Alvin Bragg. His name is Stephen Wu. And it basically says defendant

Donald Trump, the defendant in a criminal proceeding pending in Supreme Court, New York County, because that's what that's what the court is called. The trial level court is called in New York, seeks an immediate administrative stay of an order of the U.S. District Court for the Southern District Judge Hellerstein, which denied him leave to file an untimely second notice of removal. This court should deny any administrative stay and to the extent that it considers defendants arguments at all, address them only after a full briefing from the people.

So essentially, don't do this stay. There's nothing to stay. We have plenty of time before September 18th happens. Look at my recording studio. You don't think I worry about window treatments? You don't think I care about privacy? Look at the windows behind me. I need window treatments. And now finally, there's a better way to buy blinds and window treatments. It's called 3-Day Blinds. They're the leading manufacturer of custom window treatments in the US.

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One last time, that's the number three, dayblinds.com slash LegalAF. And then they go over the background and they say he was convicted in March 30th of 2023. He was charged in March of 2023 with 34 counts. And later on May 30th, 2024 was convicted by a jury of all 34 counts. Sentencing is scheduled for September 18th. A notice of removal was not filed within 30 days of arraignments.

But in any event, it was supposed to be done before trial. But this is done after that deadline, which has to be only if there's good cause shown. And however, the district court said his notice was untimely on September 3rd, 2024. So defendants sought leave to file another notice of removal in this criminal proceeding, and the district court issued an order denying leave to file. I know this sounds like a lot of gobbledygook, like back and forth, but it's important because these are the procedures that Donald Trump has been going through, desperate procedures, filing this and filing that and going to

this court and that court, just doing anything to try and stop the sentencing. So what the Manhattan DA says is basically, you have to deny this. We're gonna tell you in this letter and we'll explain the reasons why you should deny this immediate relief, but we also intend to file a more comprehensive response opposing defendant's request for a stay pending appeal.

So essentially saying initially, we'll file a more comprehensive response. But this is not an emergency. OK, and it says, as an initial matter, no surprise here. That's my editorializing the no surprise here part. It says, as an initial matter, defendant mischaracterizes the nature of this appeal. Why?

Because that's all Donald Trump does, is mischaracterizes things. Again, my editorial rising because he's seeking a stay here and trying to stop what's happening. So I'm not going to read you the whole letter. It's essentially four pages with some exhibits. But what they what the Manhattan DA's office does is talk is essentially say he hasn't met his burden. He did this already.

He didn't appeal when he should have. And there's no emergency here. And there's no reason to stop the sentencing. So that's what this what this letter says. But he's saying even if there is some jurisdiction here, a court, even if you disagree with us, there's still no reason for this court to issue this administrative stay. Because an administrative stay would divest the state

court of jurisdiction. And they're saying, no, that that should not happen. The courts said that they're going to announce their decision today, September 5, on whether or not the sentencing will occur before or after the election. And at a minimum, the courts, what the Manhattan DA says is give the state court

an opportunity to rule on that before you do anything. And so that's gonna be breaking any time. And also in addition, they say that it's not necessary because the defendant's appeal would be meritless that the district court correctly concluded that there was no good cause to allow a defendant to file a second notice of removal a year and a half later. So it's ridiculous that the district court properly found defendant's complaints about the DA's office purported bias, the trial courts

supposed conflict of interest and the courts allegedly improper review of the immunity issue were nothing more than an improper effort to have a federal district court conduct appellate review of state courts decisions. So that's what the federal judge Hellerstein already ruled. Moreover, they say, the intervening Supreme Court decisions that the defendant cites, including Trump versus United States, don't affect the basis of the district court's prior remand order. The district court previously found in an opinion that the defendant declined to appeal,

that the conduct for which defendant faces state criminal charges involved private unofficial acts outside the bounds of executive authority. So the Supreme Court's recent ruling reaffirmed that as for a president's unofficial acts, there is no immunity. So there's no reason for immunity. There's no reason for removal and there's no reason for this stay. And they finally they end it with even if the appeal involved a proper notice of removal. So even if he didn't screw it up from a procedural standpoint, what they basically said is this court should decline to issue any administrative stay beyond what is already authorized, which provides that the filing of proper notice of removal

shall not prevent the state court in which such prosecution is pending from proceeding further except that a judgment of conviction shall not be entered unless the prosecution is first remanded. In other words, it says, at the very most, the state criminal court could be precluded here from entering final judgment on defendant's criminal conviction after sentencing, but the court should not be prevented from otherwise proceeding with the state criminal court proceeding, including by deciding defendants pending pretrial motions. So they're basically saying, look, just let it keep going.

Let them finish the motions. Let Judge Mershon do his job. And that's what they filed today. This letter, we'll see, but all I can say is Trump is really, really desperate not to be sentenced on September 18th or anytime before the election. And that's what he's trying to do here.

I'm Karen Friedman-Egnefellow. Some people call me KFA and I do legal AF and mistrial. Join us and don't miss it, because here we are. Real quick, metages change their algorithm to suppress political content. Please follow our Instagram,

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