Legal AF by MeidasTouch - Trump Gets WIPED OUT by ALL DC Appeal Judges

Episode Date: January 24, 2024

MeidasTouch host Ben Meiselas reports on the DC Circuit Court of Appeals denying Donald Trump’s request for an en banc hearing for all the judges to review the ruling affirming the gag order and thus Judge Chutkan’s gag order remains in place. Visit https://Lomi.com/LEGALAF and use code LEGALAF and checkout to save $50! Visit https://meidastouch.com for more! 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

I'm Rob Gronkowski and last year I missed a fan duel kick of Destiny during the Super Bowl I spent the last year reflecting Meditating hanging out in Himalayan salt caves anything to get the image of that hook kick out of my head So when Fan Duel called and asked if I give it another go I jumped at the chance to lace them up for a shot at redemption. What's this? He's going to try again. And this year, I won't miss. The kick of Destiny 2 is here.

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and all the stuff they do. Today a judge put on a gag order. I'll be the only politician in history that runs with a gag order where I'm not allowed to criticize people. Can you imagine this? Do you believe this? I'm not allowed to criticize people. So we'll see.

We'll appeal it and we'll see. But it's so unconstitutional. The good thing is we have so much support. It's incredible. And it just makes it even more so. Look, I'm the only guy that ever got indicted. I got indicted more than Alphonse Capone. Did anyone ever hear of Al? Al Capone, if you looked at him the wrong way, he was seriously tough, right? Scarface. You know, they call him Scarface. I had a little scar in there. I'm sure it was a minor accident, but he was Scarface.

But Al Capone, if you looked at him in the wrong way, if he didn't like you, you looked at him a little bit ascant. He blew your brains out. He was only indicted one time. I've been invited, I've been indicted four times. And in addition, I have the civil trials that are all coming out of the Justice Department. That was Donald Trump either whining or bragging about having gag orders put in place because of his threatening and

harassing behavior to witnesses in both civil and criminal cases. And now federal judge Tanya Chutkin's gag order, which has been affirmed by the DC Circuit Court of Appeals back on December 8th of 2023, will remain in effect after the full panel of the DC Circuit Court of Appeals. All of the judges who comprise the DC Circuit Court of Appeals, all of the judges who comprise the DC Circuit Court of Appeals has rejected Donald Trump's request for what's called an en banc hearing for them to hear

with all of the judges from the DC Circuit Court of Appeals, Donald Trump's challenge to the gag order. In fact, not a single judge. So zero conservative judges, zero Trump judges, zero judges from the DC Circuit Court of Appeals. No single judge has agreed to even hold a further hearing on the issue of the gag order, which was mostly affirmed by the DC Circuit Court of Appeals back on December 8th. Here's the order by the DC Circuit Court of Appeals back on December 8th. Here's the order by the DC Circuit Court of Appeals denying Trump's unbunk request. Unbunk just means to have all of the judges who sit on the DC Circuit Court of Appeal here, not just the three-judge panel that ruled against Donald Trump on December 8th. Let's take a look at the order. You see that it's before all of the judges. Upon consideration of appellant's petition for re-hearing that's Donald Trump,

unbunk the response there too and the absence of a request by any member of the court for a vote. It is hereby ordered that the petition be denied periam decision, and then it's signed by the deputy clerk of the court. So not a single judge in the DC Circuit Court of Appeals voted that there should be an embank hearing to even review what the three judge panel did back on December 8th when it affirmed federal judge Tanya Chuckuckins gag order that was imposed on Donald Trump because he continued to threaten the judicial staff, witnesses to the case, and special counsel Jack Smith's team, just going to that December 8th order

right now, just so you remember, rather the December 8th order that was affirmed by the DC Circuit Court of Appeals. Here's what the DC Circuit Court of Appeals ruled on December 8th. Specifically, federal judge Tanya Chutkin's order. Specifically, the order is affirmed to the extent it prohibits all parties and their counsel from making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding. The order, the gag order, is also affirmed to the extent it prohibits all parties and their counsel from making or directing others to make public statements about one

counsel in the case other than the special counsel. So everybody other than just special counsel, Jack Smith, two members of the court staff and counsel staff or three, the family members of any counsel or staff member. If those statements are made with the intent to materially interfere with or to cause others to materially interfere with councils or staff's work in the criminal case or with knowledge that such interference is highly likely to result.

We vacate the order to the extent it covers speech beyond those specified categories. So everything that I just read is covered by the gag order that now remains in place where the full DC Circuit Court of Appeals panel is saying we're not even going to review this further. I want to talk more about that gag order that's in place right now in just a moment, but what is Donald Trump potentially going to do next? He could potentially file a petition for certiorari to the United States Supreme Court and ask the United States Supreme Court to hear the gag order, and then it'll go before the United States Supreme Court.

One of the interesting things, strategic things, that we'll have to see what Trump does, because Donald Trump is trying to delay everything in the Washington, D.C. federal criminal case. He's previously tried to, and has filed paperwork to the United States Supreme Court when Special Counsel Jack Smith wanted to seek an immediate appeal on the denial by federal Judge Tanya Chuckin of Donald Trump's motion to dismiss the indictment for absolute immunity. Donald Trump went to the Supreme Court and said, no, do not rush it. Let's have it go to the DC Circuit Court of Appeals first. You shouldn't hear this immediately.

So it'll be interesting to see right now if on the issue of the gag order, Donald Trump files an emergency petition for certiorari to the Supreme Court on the gag order issue while the case is stayed. Because if he does, I could see special counsel Jack Smith's team then utilizing that to say, look, so Donald Trump does want to move certain aspects of the Washington DC criminal case along very quickly. But other aspects of it, he doesn criminal case along very quickly. But other aspects of it, he doesn't want to move quickly. That's inconsistent. What if ordinary people just like you and me could change the world with the push of a

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up the DC Circuit Court of Appeals, that none of them wanted to even hold a hearing. None of them even voted to hold a hearing on Donald Trump's attempt to challenge, unbunk, the three judge panel of the DC Circuit Court of Appeals affirming Judge Tanya Chutkin's gag order, I think sends a powerful message that everybody thinks that this gag order should remain in place. Just so you recall, when the DC Circuit Court of Appeals affirmed Judge Tanya Chutkin's imposition of the gag order, here's what they stated. I thought this was one of the most powerful parts of their order. Mr. Trump, first they call him Mr. Trump, which they don't call him President Trump like Donald Trump's lawyers do, Mr. Trump's documented pattern of speech and its demonstrated real-time,

real-world consequences pose a significant and imminent threat to the functioning of the criminal trial process, in this case in two respects. Mr. Trump's messages about known or reasonably foreseeable witnesses that fully and candidly in the process to the content of their testimony and evidence and to the trial's essential truth-finding functions. So to be clear, when all of these MAGA Trumpers want to talk about, oh, this gag orders are so unfair, take a look at what the D. the DC Circuit Court of Appeals previously ruled on December 8th and the fact that not a single right-wing judge on the panel thinks that there's anything wrong about what I just read to you as well. That's why it's so important that we just stick to the facts and say, well, what were the factual findings made by the judges? Then I want to see what about the right-wing judges?

Are they upset about this ruling? Do they want to hear this unbunked? And they don't want to hear this unbunked. And remember, this is what the DC Circuit Court of Appeals also said back on December 8th of 2023. We do not allow such an order lightly. Mr. Trump is a former president and current candidate for the presidency,

and there is a strong public interest in what he has to say. But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants. That is what the rule of law means. Then the DC Circuit Court of Appeals went through Donald Trump's posts one by one. They talked about how Donald Trump was threatening Mark Meadows and Mike Pence and how Donald Trump was threatening the former chairman of the Joint Chiefs of Staff, Mark Milley with execution.

Donald Trump saying, if you go after me, I'm coming after you. The DC Circuit Court of Appeals also talks about how Donald Trump has bragged about how his followers listen to his commands and take his statements as orders. And then the DC Circuit Court of Appeals also had previously said, look,

there are serious First Amendment concerns at issue. But what the Supreme Court had previously done is drew a distinction between participants to litigation and strangers to litigation. And the Supreme Court emphasized that it had in prior cases expressly contemplated that speech on those participating before the courts could be limited, and that there has to be a solemnity in court proceedings and you can't have criminal defendants or participants to litigation threatening witnesses and undermining the judicial process because that undermines the rule of law.

So a narrowly circumscribed gag order that addresses the issues and the threats being made are valid. And the DC Circuit Court of Appeals here, the full panel is in agreement with that and they don't even want to have a hearing in bunk. We'll see if Donald Trump then goes and files before the full United States Supreme Court. We'll keep you posted there, but for now, Donald Trump's end bunk petition totally rejected by the DC Circuit Court of Appeals. I'm Ben Mycelis from the Midas Touch Network.

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