Legal AF by MeidasTouch - Trump Files EMERGENCY LETTER as SENTENCING NEARS

Episode Date: September 6, 2024

Trump is so worried about being sentenced to jail time by the NY state court judge on 9/18, that he filed yet another paper with a federal court to try to get an emergency stay to stop the sentencing. Michael Popok unpacks the newest late-night filing and puts it in the context of all of Trump’s other criminal matters all hitting him at the very same time and before his first debate with VP Harris. Go to https://joindeleteme.com/LEGALAF and use promo code LEGALAF for 20% off. 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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There's been so many filings and court appearances related to Donald Trump's efforts to try to use his status as the presidential candidate against Kamala Harris to stop all of his criminal proceedings and certainly to try to stop him from being sentenced on the 18th of September in New York for the 34 count felony conviction. It may be hard to keep track. I'm going to break it down. We got a brand new filing by Donald Trump late last night addressed to the Second Circuit Court of Appeals in New York, once again trying to get a stay and to block his sentencing by Judge Mershon in the New York State Supreme Court case that's scheduled for sentencing on the 18th of September.

We got state proceedings, we got federal proceedings. Let me break it all down for you and tell you about the new filing. In the new filing, Donald Trump gets the last word with the Second Circuit trying to argue that they should put a pin in the case, they should stay, stay in the case, they should stay or stop what Judge Hellerstein just ruled, who is the federal district court judge, in which

he said that he had no jurisdiction over the matter because we were post-conviction, pre-sentencing, and for other reasons, including that there were no colorable arguments that Donald Trump did the Stormy Daniels hush money cover-up payments under color of his federal office. If Donald Trump was not paying off Stormy Daniels through Michael Cohen under the color of his office as part of his presidential official conduct or duties, he has no right to take his case and drag it out of state court into federal court. Why is Donald Trump trying to do that? Because he wants to try to have a federal judge after a series of delay

that gets him closer and maybe even beyond the November election. he wants a federal judge to rule on whether the immunity decision from the United States Supreme Court back in July somehow applies to his New York state conviction. He brought, of course, all of these matters to the various courts late, because his real effort here is not to win any of these, it's just to buy more time, have more

proceedings, have more briefing, and stretch this out until beyond November. When bad things are happening to you, make them happen slower. That's been his mantra from the very beginning. So he didn't like what Judge Mershon did. He filed a series of motions and got about a month delay in his sentencing related to the immunity decision. And Judge Rashawn is about to issue a number of decisions. He's going to issue his decision as to whether he's going to delay his sentencing.

That's coming up. He's going to issue his decision as to whether Donald Trump even had immunity for any element of the convictions prior to sentencing, and he's scheduled, unless he delays it, to sentence Donald Trump on the 18th of September. That scares the crap out of Donald Trump. He doesn't want to be sentenced. He sees that as a threat of potential incarceration and impact on his liberty. And then of course, he claims First Amendment violations because he's the quote unquote leading candidate for president all because of his own bad acts and wrongful conduct and criminal conduct. So that's what happened in the state

court waiting on Judge Mershon on whether he's going to stay the sentencing, waiting on Judge Mershon for the 18th for the actual sentencing related to Donald Trump's convictions by a jury of 12, 12-0 and waiting on Judge M Mushan to issue on the 16th his immunity decision. Donald Trump then ran off to federal court for the second time in about a year and tried to get a senior status Judge Hellerstein to have the case dragged out of state court and to have the whole immunity issue, an immunity defense issue, and immunity applied to the evidence issue adjudicated in federal court. Well, Al Hallerstein took one look at the papers and said, I don't even need a hearing, and I don't even need to hear from the Manhattan

DA for the record. I'll make the decision on a summary basis right now, based on what you've alleged in your papers and you have the obligation as the party trying to seek to drag the case, we call it removal, out of state court into federal court, you have not met your burden, Mr. Trump. You have not shown good cause why you have late filed this, and I've already rejected this on these very grounds a year ago after an evidentiary hearing denied.

So at that moment, because he denied the motion to file a notice of removal, the case has always remained in state court and jurisdiction of the judge, Judge Mershon, has never been divested. That's a good thing. That means Judge Mershon's able to kind of continue and his role is coming up on immunity decisions, stay decisions, and sentencing decisions. This podcast is sponsored by Delete Me.

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Well, Donald Trump didn't like that decision and he wanted to take an emergency appeal. So he filed an emergency appeal in federal court to the Second Circuit. That's all Donald Trump's trying to do here. He's trying to jump the tracks, get out of state court, get in a federal court, get an appeal to the Second Circuit, lose that, and then try to appeal to the United States Supreme Court. That's all this is all about.

And delay, delay, past November, delay. Okay, so where are we now? Now, the Second Circuit has before it a request by Donald Trump to stop the decision by Judge Hellerstein about whether the case should be sent back on remand. Technically, there is no remand because Judge Hellerstein denied the motion for removal and sent it back or left it in state court, but Donald Trump is arguing that the case Somehow need that judge Hellerstein needs to be stayed that the case needs to be dragged

Temporarily out of state court to stop the sentencing and only the Second Circuit Court of Appeals can do it So now you have briefing around that issue about whether there should be a stay of judge Hellerstein's Hellerstein's decision to send the case back, if you will, to Judge Mershon for sentencing. And now we've got this last brief. In this new brief, Donald Trump is arguing effectively that they have the right for at least a temporary stay for a few minutes, for a few hours, for a few days in order for the Second Circuit to evaluate all the papers and that the Manhattan DA should be forced

to file all their briefing and get all this decided immediately, primarily because his argument is he's the leading candidate for president of the United States. Now he made this exact same argument on the exact same day in front of Judge Chutkin, who's handling the DC election interference case. In the Judge Chutkin case, she basically put up her hands when the lawyer for Donald Trump argued that this is about a presidential election. She said, no, it's not.

This is about a criminal defendant who has four indicted felonies against him. And that's all I want to hear in this courtroom. I don't care about the presidential election calendar. She's been consistent. She said that since day one. She just sees Donald Trump as being a criminal defendant, ordinary criminal defendant, who's subject to her jurisdiction

and subject to her administration. Same thing over in state court with Judge Mershon. He's always consistently said, I don't care about the election calendar, I care about justice and administrating justice before a person who's now been convicted by a jury in New York. I think the Second Circuit is going to go the exact same way as Judge Hellerstein. They're going to say there's nothing to see here. We have no jurisdiction. The case remains with Judge

Mershon. Good cause has not been shown for why the case should be dragged over to federal court at all. Judge Hellerstein was not wrong. There's no grounds to reverse him and we're not even going to stay the case or stay Judge Mershon from going forward with sentencing because we don't see the grounds nor the jurisdiction to do that. That's where I think this is going to go. stay Judge Mershon from going forward with sentencing because we don't see the grounds nor the jurisdiction to do that. That's where I think this is going to go. I've been pretty good at predicting with my professional analysis.

The Judge Chutkin case recently went exactly the way I outlined it in terms of putting the government and Trump on a very fast schedule on whether immunity impacts that case. I think the same thing happens here at the Second Circuit, except I think they're going to say, you know what, you didn't get the removal law right. You didn't get the removal statute right. You didn't get your papers right. You didn't provide good cause. And you didn't show us why a hush money coverup of a sex act is somehow under the color of

a federal office to entitle Donald Trump to even remove the case from state and federal court. That's how I think this is going to go. The question is timing. We're here now first week in September and in the second week in September, we're waiting on big decisions by Judge Mershon about sentencing. Does he send Donald Trump to jail and for how long? I think he send Donald Trump to jail? And for how long? I think he sends him to jail. The question is how long and whether he's... The real issue now is whether Mershon is going to stay the sentencing after he imposed a sentence, so the world knows before they go to the polls exactly what Donald Trump is looking at, whether they're voting for

somebody who's not only convicted of felonies, but is sentenced to jail time, or he stays that proceeding leaving everybody sort of hanging, including the electorate. I don't think he's gonna leave everybody hanging, but we're gonna wait. Like I said, we got a number of decisions that are coming out of Judge Murchon in the next few days. Is he gonna stay the sentence on his own accord? What's he gonna do on the immunity decision? And of course, what's he gonna do on the 18th if he doesn't stay the sentence and actually impose a sentencing? We'll cover it all here on the Midas Touch Network and on Legal AF. It's a breathless hot take. Every Wednesday and Saturday at 8 p.m. Eastern time, I sit at the intersection of law and politics at that valuable

crossroads so you don't have to. And if you want to find out what 40 million people already know, Legal AF is the home, the home of law and politics and analysis. Join us on Wednesdays and Saturdays at 8 p.m. Eastern time. You'll find out why we call it Legal AF as well. You can watch us live record and participate in chats and then you can pick us up on all audio podcast platforms. So until my next hot take, until my next Legal AF, this is Michael Popak reporting. Hear ye, hear ye, Legal AF Law Breakdown is now in session. Go beyond the headlines and get a deep dive into the important legal concepts you need to know and we discuss every day on Legal AF. Exclusive content you won't find anywhere else, all for the price of a couple

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