Legal AF by MeidasTouch - Trump has BIGGEST MELTDOWN in Court, NOW MUST TESTIFY
Episode Date: October 29, 2023Ben Meiselas and Michael Popok are back with a new episode of the weekend edition of LegalAF. On this episode, they discuss: the NY Civil Fraud case including Trump being fined and being found to be a... liar by the Judge as Michael Cohen reinforces the prior testimony of other witnesses, and the Court observing that Trump has already lied; a trial that starts on Monday to bar Trump from the Colorado ballot; updates in the DC Election interference case including the gag order being reimposed, motions to dismiss filed by Trump; updates in the Georgia prosecution of Trump, including another lawyer for Trump turning state’s evidence, and much more from the intersection of law politics and justice. DEALS FROM OUR SPONSOR! AG1: Go to https://drinkAG1.com/LEGALAF and get 5 free AG1 Travel Packs and a FREE 1 year supply of Vitamin D with your first purchase! Henry Meds: Get exclusive offers at https://HenryMeds.com/legalaf Rhone: Head to https://rhone.com/legalaf and use code LEGALAF to save 20% off your entire order! SUPPORT THE SHOW: Shop NEW LEGAL AF Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices
Transcript
Discussion (0)
If the day ends in why and Donald Trump shows up for court, he's probably having a meltdown
folks.
And, once again, Donald Trump had a meltdown when he appeared at the New York Attorney
General's civil broadcast that is currently now going to be in week five of trial.
It was in week four of trial last week, and Michael
Cohen concluded his testimony, then Donald Trump bang the table, he stormed out and his
son, Eric, tried to console him.
Earlier that day, Donald Trump was found also to be in violation of the gag order that was imposed on him again. And the judge issued this
time a $10,000 contempt sanction. Now that Michael Cohen has finished his testimony next
up, folks, are the Trump fraud spawn. Eric, Don Jr. and Ivanka. Well, Ivanka tried to escape her testimony, but the judge rejected
those efforts. She may still file an appeal, but we will keep you posted. And then after
the Trumps spawn testify, Donald Trump is scheduled to testify November 6th. All of this shows
how supremely confident New York Attorney General Letitia James is in this prosecution.
We will break it all down a lot to break down their Pope.
Then we go to Colorado where Donald Trump was hit with an avalanche of bad news.
The petition to disqualify him from the ballot that was filed in early September under the Constitution's
14th Amendment Section 3 disqualification clause prohibiting insurrectionists from running
for office.
Yep.
That petition will now be heading to a trial on the petition on Monday, October 30th.
The court rejected Trump's motions to dismiss. I should say his many
motions to dismiss on procedural, substantive, constitutional, statutory grounds. And the
Colorado Supreme Court rejected Trump's emergency petition for a stay to try to block the trial from taking place. So folks get ready for another trial, which by the way,
that was not originally on Popox Board of Trials this summer.
We next go to Washington, DC, which was on Popox Board of Trials,
because that trial scheduled for March of 2024 in DC. That's the federal case
against Donald Trump for his attempt to overthrow the 2020 election. And this case continues
to heat up from former chief of staff, Mark Meadows, as we predicted here on legal AF when
the indictment was unsealed, has indeed taken an immunity deal and from all
reporting is prepared to testify against Donald Trump at the March 2024 trial. Also,
the federal judge presiding over the case, Judge Chutkin brilliantly has put Donald Trump
on the spot with all of Trump's braggadociousness that he wants to see this case be televised.
He wants it out in public.
So Judge Chutkin very intelligently, very surgically put out an order asking Donald Trump's lawyers if he would like the trial test to televised.
Yes, or no.
Yes or no. Meanwhile, Donald Trump filed four motions to dismiss each more frivolous than the next.
Also, Trump tries to blackmail or what's often referred to as graymail when it comes to classified documents, the United States government. Special counsel Jack Smith in a motion on the Discovery that's been produced tells judge Chutkin just how frivolous Donald Trump's discovery motions have been and
Jack Smith says
Perhaps if Donald Trump's lawyers just called us we would have explained to them that those documents
They're complaining about were produced many many months ago. We would have showed him where it was.
In fact, we put it in alphabetical order for them.
We tried to dummy proof it for them, but I guess he can dummy proof for dummies sometimes.
And finally, we go to Georgia speaking about dummy proof and dummies.
Jenna Ellis, another Trump lawyer and co-defendant in the Georgia criminal Rico case has pled guilty.
That makes four guilty pleas.
Three Trump lawyers have now pled guilty in the Georgia Rico case.
Also Judge McAfee, the judge presiding over the case, kind of was trolling Donald Trump
as well, set a hearing date on Trump's motions to dismiss
where Trump incorporated by reference the arguments
of the individuals who now pled guilty.
And so the judge is like, okay, let's hear,
let's hear those motions by the way.
We'll take a look at those.
Also, Trump continues to file more frivolous things in that case.
We will break it all down here on legal A, F, I'm Ben Micellus.
Join by Michael Popak.
Things are really, really heating up as we start getting into the heart of this trial
schedule and new trials like the Colorado one are being added.
And we may see that now take place
all across the country, Mike Popo.
Yeah, the famous composer, John Larson,
before he wrote, rent wrote an autobiographical musical play
called Tick, Tick, Tick, Boom.
And that's my new repurposing for the next week or so in the upcoming civil fraud case
with Don Jr. Eric Ivanka and then boom, Donald Trump. And that order was chosen on purpose
by a Cheshire cat grinning, Patricia James in the courtroom. She knows exactly what she obtained
by watching Donald Trump react and overreacted Michael Cohen.
And now she's ready to go in for the kill.
First having the children go first
and then Donald Trump.
All of that and Trump can't get straight what cases
he wants to appear in and what cases he does it
and there seems to make no logical sense.
He shows up occasionally in New cases he does it and there seems to make no logical sense.
He shows up occasionally in New York for the civil fraud case and he picks and chooses
his moments there.
I assume when the kids take the stand, he'll be present, who the heck knows.
But for the case that you talked about, this one that has now gotten front and center
starts a trial on Monday about whether he is an insurrectionist or not for the purposes
of the 14th Amendment.
In Colorado, a bench trial, apparently he's not showing up at all.
And as lawyers are going to be phone it it in with argument without any evidence, really,
to argue properly in front of the judge, this Donald Trump and his team, variously, seem
to be allergic to evidence and presenting it properly in court,
and they get nailed for it by real judges
wearing black robes over and over again.
You know, it's why I'm so excited to discuss later
in this episode, this motion that was filed
by Special Counsel Jack Smith,
because it's a perfect example where the Trump conspiracies
that are injected through the disinformation propaganda chambers
meet the courtroom where Donald Trump and his lawyers
try to act like Fox Propagandas in court
and say something like the January 6th Committee
has destroyed all of its records.
I mean, first off, it's all available online.
You could basically Google it. It was the Republicans who shut down the January 6th Committee's official website,
so it all had to be archived and archived it was. There's also some sensitive documents
that are not part of the publicly available archive that were all turned over months
ago by Special Counsel Jack Smith. So when Donald Trump's lawyers file
such a frivolous motion like that and make this accusation that the January 6th committee
destroyed all of the records and therefore Donald Trump should win the case. Special
Counsel Jack Smith says, here's where it was turned over. We put it in alphabetical order.
What are they talking about? They have these records, millions of them. We'll talk about that and more,
but let's talk about the Trump meltdown.
You talk about tick, tick, boom.
Donald Trump was sitting there,
Michael Cohen was testifying.
You've got Donald Trump's co-defendants lawyers,
Guy Cliff Roberts makes a directed verdict,
a motion to dismiss after Michael Cohen's
testimony, because Michael Cohen admitted to things that we all knew that Michael Cohen
would admit to, which makes no sense at all, that that's why Trump's lawyers thought that
this was a big Perry Mason moment, and Donald Trump keeps using that term.
It was a Perry Mason moment.
You can't even bring directed verdicts until after the evidence comes in, and Donald Trump keeps using that term. It was a peri-mason moment. You can't even bring directed verdicts
until after the evidence comes in
and the plaintiff's case has rested.
So there's no such thing as filing
an oral directed verdict motion after a witness,
but Trump's co-defendants lawyer makes this motion,
motion to dismiss judge, and the judge is like,
what are you talking about, denied?
And then Donald Trump bangs the table, runs out. motion, motion to dismiss judge and the judge is like, what are you talking about tonight?
And then Donald Trump bangs the table, runs out.
So Popeyes, tell us what went down there.
Tell us about the sanctions, the contempt sanctions that were issued against Donald Trump earlier
that day for further attacking judge and Goran's law clerk.
And then Donald Trump was put on the witness stand.
And then of course you alluded it to at the outset, the tick tick boom of all of the Trump
adult spawn testifying next week. Did you hear my little inadvertent evil laugh before you
gave it to me? I was like, I can't wait for this. All right. first of all, let me lead it in this way. It's not the thing, it's the thing behind the thing.
Now let me explain it.
It's not the directed verdict that they improvenently made
at the end in some grand theatrical gesture
to show that Michael Cohen actually helped the defense.
As you said in this ridiculous Perry Mason moment,
it's not the thing, it's the thing behind the thing.
It's what the judge
Said after they made the directed verdict motion and he denied it. That should send chills down the defense of spine
It's not the gag order that he violated or the $10,000 amount
It's that he was forced Donald Trump to be put on the stand and the judge
Concluded after hearing him that he can't be trusted
as a witness that he says things that are untrue.
And since he's the trial of fact for all evidence in the case, that's a devastating place
to be.
So not the thing, but the thing behind the thing to use a New Yorkism.
Let's start with the mastery of Leticia James.
We can't compliment her enough. Sometimes I even underestimate her even though I'm a huge fan and as a trial lawyer myself, I can't help but but
Give her kudos when I understand after a bit what she's trying to accomplish with her team of 10 different
New York attorney generals each taking turns at whacking this pinata,
which is the Trump organization in Donald Trump
until it breaks wide open,
and he loses his buildings, his money,
and his business reputation,
is some master titan of the New York business world.
And it's coming, and it's coming faster than we thought.
We thought this trial would extend until December.
At the rate it's going, it's going to be probably it could be a pre Thanksgiving
Where the judge gets the the complete case handed over to him to make his ultimate decision
The mastery of latisha James's group on display is how they used Michael Cohen
I don't think it was Michael Cohen from Michael Cohen's sake in other words
It wasn't like we need this one bit of testimony in order to make our case
because they don't, even if there was puff, no Michael Cohen for various reasons, they've
already put on enough evidence to win their case almost right now between the inside employees
that are still there, like the assistant controller
and the assistant vice president, the disgraced former chief financial officer and chief controller
who reported to that financial officer, the outside of praise or the outside auditor,
they don't need Michael Cohen. Michael Cohen right now, frankly, is just repeating and things
that have already been said by other witnesses that don't have some of Michael Cohen's credibility concerns.
So why Michael Cohen and why now?
Now I know why.
He is the bait that Donald Trump would take so that the Tisha James could see how Donald
Trump would perform, overreact, and become unhinged, pushing his buttons so she could
see it before he was called to the stand.
She wanted to dis, she wanted to, what's the word I'm looking for, not disabled, but destabilized
Donald Trump mentally, which he's done.
We've never seen so much acting out.
Then we've seen Donald Trump do while Michael Cohen was about to
go on the stand on the stand, repeating that, you know, coming back to the stand, his
outbursts, Donald Trump's in the courtroom in the outside talking to the faunting right-wing
media that's throwing him softballs and calling him, you know, the president Trump, president
Trump, all of that. And then her just watching at the end of the day talking about it with her lawyers, what
do you think?
Do you think now's the time?
Do you think now's the time to put them on the stand?
I think now's the time, don't you?
Because they want him as destabilized and undisciplined as possible.
There she is right there.
Look at her.
Look at her.
That is that signals supreme confidence in mastery and everything that's going
on in that room. And now that he's completely melted down, Donald Trump, watching just Cohen
testify and misinterpreting everything about Cohen. Cohen said that he was not given a direct
order by Donald Trump to change the numbers on the financial
statements to inflate them, but that he was given indirect mob-like instructions that
was left clear to him what he was supposed to do.
And of course, he testified, Al Weiselberg told him, the boss told him, that he's supposed
to change the books.
And they jumped up like that was some aha moment.
Ah, there's no direct.
Listen to the complete testimony by Michael Cohen,
corroborated by at least half a dozen other people
who are not named Michael Cohen.
I don't think again that the Michael Cohen event
was meant necessarily to get the evidence in.
It was meant to test Donald Trump,
destabilize him with his children's
testimony one at a time. I mean, Eric Trump has no nails left on his fingers before he's
going to testify next week. And then Ivanka, the prized Ivanka, the first daughter, the
one that Donald Trump loves the most of all his children. She's going to now be forced
to testify against him
about everything.
And here's the thing about Ivanka.
And then I wanna make one last comment about Judge Engoron.
Ivanka is unplugged.
Why?
Because they made a decision
at the New York Attorney General's office
not to depose her,
meaning not to get her testimony out on the record in advance.
She was interviewed, but she was not deposed, meaning Ivanka's lawyers, Bennett Moskowitz,
has no idea where the New York Attorney General is going to go during direct examination or
hostile direct examination of her because there was never a dress rehearsal for it.
So they have to now shadow box and guess, but who knows where they're going with the
case, the New York Attorney General. They know all the documents, they know all the
evidence.
There's no way they can get Ivanka prepared properly for that particular testimony before
she has to give it, just like they can't prepare Donald Trump because he's incapable of being
prepared.
And the thing finally, Ben, that is most devastating to their case is they got a window
into the thinking of judge Engoran early.
They said point blank.
When he said, first of all, I added the directed verdict motion, sit down.
Second of all, I don't see Michael Cohen as the critical witness that you do.
There is, and he used his hands to gesture in the room, there is a mountain
of evidence that could fill this courtroom about the issues of fraud brought by the New York
Attorney General. So no, directed verdict denied, but it wasn't the denial of directed verdict.
It was his comment about where his head is at at the four-week mark in the trial, and that is
a devastating result so far for Donald Trump.
He might be telling his friends and family and followers
that things are going great,
but I'm here with you and Karen to say they are not.
It has been a powerful blow to his case
the last four weeks and she's not done.
She's got another week or two left
before she even gives Donald Trump the case back. It's not even a thing to bring a directed verdict motion after a witness,
you know, even if you say that Michael Cohen was an important witness,
that's not a thing that takes place at trial. That's not part of the civil
procedure, that's not part of the rules. If you want to bring your
directed verdict motion, you would bring that motion after the plaintiff finishes putting on their
case in chief before the defendant puts on their case. You would say, Your Honor, there's been no
evidence of liability here. We want a directed verdict motion.
That's at least the timing of when it would take place.
The fact that you knew one thing and then you can respond to it, I know what they did
for the procedure.
They were trying to argue, was almost a sanction for perjury by Michael Cohen and they were
entitled at that moment to direct a verdict.
You're totally right about, normally when you and I move for directed verdict or after
a post, it's after the case in chief rest.
But that was more of a, aha, Michael Cohen lied.
He perjured himself directed verdict in our favor as almost like a sanction.
That's why it came.
It doesn't change.
I don't think anything about your analysis, but that's why they did it.
Well, and even if you look at the summary judgment motion that was brought by New York
Attorney General, Alicia James, it almost didn't rely on all,
on anything that Michael Cohen said,
would it rely upon the summary judgment motion
that's already been granted?
Folks, because Donald Trump's already lost this case,
the judge has already found Donald Trump,
the Trump organization, and the Trump adult spawn,
other than Ivanka, Don Jr. and Eric, the courts
already found them to be liable.
And what New York Attorney General Letitia James had to rely on there was not the disputed
evidence because that's not what a summary judgment is.
Summary judgment is undisputed evidence.
So New York attorney general
attisha james says, you don't even have to listen to our witnesses judge. Listen to
their witnesses. Listen to their experts. Look at the undisputed facts where they said
on their statement of financial conditions that Trump's triplex is 10,000 square feet
or rather what they said it's 30,000 square feet when it's actually 10,000 square feet, or rather what they said, it's 30,000 square feet
when it's actually 10,000 square feet.
Look at the golf course that's zoned for this
and look that they then claim they can do this
with a look at the valuation that Trump gave
about Mar-a-Lago when he wanted to pay less property taxes.
Here's what they put on this statement
of financial conditions.
Let's go through all of these properties and let's just look at the Trump documents,
the Trump appraisals. And that's what you should base your summary judgment, not what Michael
Cohen has to say, or any of our state witnesses. So I want to make that point clear as well,
which makes the directed verdict motion after you've already lost on liability equally frivolous, because this is really just about
discouragement right now, damages, and one thing, further injunctive relief that would
ban the Trump organization from doing business.
One thing though, there is six counts left that have intent as the component. He won on the New York Attorney General one in their fraud on the count, the doesn't
persistent fraud stand alone under New York law that doesn't require intent.
Here it's not just about the Scourgement, it's about the Scourgement plus the six counts
of persistent fraud, business record fraud, financial statement fraud, insurance fraud, that require intent.
Not of the level criminal intent, but an intentional conduct.
Weirdly, strangely, New York law allows persistent fraud to be proven without even a, you can
accidentally commit persistent fraud is what I'm trying to say.
And that, right.
And so that, so just to be clear, I don't want to leave the misunderstandings only about
the Scorchman and what are we doing?
No, no, that's why I also said it was about the Scorchman and the injunctive relief that
then relates to the other claims.
But yes, and then there already been found liable for the main fraud claim, which shuts
down the Trump organization.
That appeal is stayed pending the resolution of this trial. Ivanka Trump tried to avoid having to testify
by claiming that she's not a New York resident.
She tried to claim that she lives in Florida now.
And so therefore, there, unlike a criminal case,
where there is a comity,
C-O-M-I-T-Y, in a kind of interstate subpoena statute that allows a subpoena.
You all remember probably are reporting, for example, in Fulton County, right?
When Fulton County District Attorney, Fony Willis, in a criminal case, wants to subpoena somebody
out of state, legal AFers, you know the process, right?
First, Fony Willis has to go to the Georgia judge, the Fulton County judge,
then get an order there. Then you have to take that order into another state
where the person lives and then get an order compelling them from the court
in the jurisdiction where the witness you want to bring to Georgia lives.
That exists in criminal, but civil, if you don't have jurisdiction,
there is no statute like that. So one way to try to wiggle out of appearing at a civil
case is basically saying, I don't live in the state. The state court doesn't have jurisdiction
over me. And that's what Ivanka tried to argue. By the way, Popak, Ivanka also tried to
argue what I was saying, which was like, Hey, your
honor, this case is just about damages right now.
So why do you need me?
I'm out of the case right now.
I'm not a defendant.
The court of appeals dismissed me.
It's just about damages against my brothers and my dad.
You just need them.
You don't need me.
And New York attorney general, Letisha James, responded and said,
whoa, whoa, whoa, you get a lot of benefits from the Trump organization.
We know about those millions of dollars in distributions from the sale of the old post
office in Washington, DC.
We know that they're paying your credit card bills and they're paying for your apartment.
The Trump organization pays for your lifestyle.
You're still affiliated with the Trump Organization right now.
So you don't get to say, I have no relationship with this New York
Trump Organization. You do. That's what the judge relied on.
I would expect Ivanka to file an appeal and that we will do a hot take on that and she'll
file some emergency motion to stay that. And we will talk about that when that goes down. I also want to talk about this
contempt sanction before moving on to Colorado's disqualification case. And this contempt sanction as
well, let's not forget that the Midas touch editor and chief Ron Philip Kowski was the one to
originally break the story about Donald Trump violating the gag order on October 20th.
The gag order was imposed on Trump on October 3rd.
We broke the story on MidasTouch.com that Donald Trump had kept up the threats about the
judge's law clerk and that Donald Trump didn't remove it from Donald Trump's website. So had tip to Ron Philip Kowski because when Donald Trump was sanctioned that second time,
or the first time, wherever you want to call the October 20th gag order violation sanction,
the judge has been escalating these sanctions ever since.
Donald Trump was called on the witness and I want to talk just briefly about that before
moving on to the Colorado disqualification trial.
But yeah, had tip to Ron Philip Kowski and then Don Jr. and Donald Trump attacked us at
Midas Touch.
So if you want to know if impact is happening when they start attacking you and when you're
breaking stories like that on a fairly routine basis, that's why if you're able to support
the growth of MidasTouch.com and its editorial team, we don't have outside
investors, go to patreon.com-midasTouch, p-a-t-r-e-o-n.com-midasTouch.
We've got a lot to discuss on legal AF.
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for sponsoring this content. Welcome back. We are live on legal AF. We should mention as well that Donald Trump was compelled
to take the stand during the New York Attorney General civil fraud case after he went out in
the hallway during a morning recess and once again attacked the judges law clerk who he repeatedly
attacked over and over again. That's why a gag order had to be imposed
on him. Judging Goren's even said, look, you want to attack me? That's fine. My staff,
I draw the line. By the way, I don't think it's fine that Donald Trump attacks judges. If
this was any other litigant, Donald Trump would be imprisoned for this conduct. And he would
imprisoned for this conduct and he would have far more serious sanctions than $10,000. But I did want to touch just briefly upon it because we know Trump's going to be testifying
November 6th.
The Trump kids are going to be testifying the adult kids.
By the way, that's how in all of the discovery that people in the Trump organization referred
to Eric Don Jr. and Ivanka as the Trump kids, they're going to be testifying Wednesday Thursday, Friday of next week.
But Donald Trump took the stand and he lied. In that very short period of time,
he performed just miserably. He said that he was talking about Michael Cohen,
not the judge's clerk and the judge says, as the trial, a fact, I find that Donald Trump's a liar.
He's a liar.
He's a liar.
When he refers to Michael Cohen, he refers to Michael Cohen a certain way.
When he attacks my law clerk, this is how he says it.
And I thought the important line in the judge is written orders.
The judge basically says, it is not appropriate.
It is not okay.
It is not acceptable to try to take advantage of the ambiguity in language while making clear
attacks on people that can result in people getting killed or seriously harmed. And I find
that Donald Trump is a liar. And also mentioned the Midas Touch report where we identified that
Donald Trump had violated the gag order back on October 20th.
Popo, what do you think about Trump's brief testimony?
I am very skeptical that Trump is going to show up for his testimony.
I know he's compelled to.
He doesn't have the ability to invoke the fifth because he he previously waved the
fifth, but that doesn't mean he's still what may try to do it. I think you should do
forwardly to testify. All right, you threw that hot potato in my lap. Let me start with
that one. First, I want to go back to something you and I talked about just briefly, just
to show you that this could all be about damages and discouragement. And the case is really
over. As I said on a hot
tick, this is weekend at Bernie's. This body is dead. Donald Trump is a weekend at Donnie's. They
can put makeup on him and glasses and a hat and carry him around for the next three or four weeks.
But there's no doubt in my mind that Judge Engoron coming off of summary judgment and the findings
that he already made on the pile and mountain of evidence he continues to refer to has already made up his mind about it.
And this is just, you know,
soon as everybody shuts up
and gets all the evidence that they want,
he's ready to rule.
And he's already made a determination on credibility
as you just pointed out,
on Donald Trump, which is the first time,
and I don't know, I think it's either ever
or it's the last dozen years
that Donald Trump in a courtroom has had to testify.
And that was not something they didn't wake up that morning brushing their teeth on the
defense going, hey, today's a good day to have Donald Trump without a script without
being coached or prepped, be forced by the judge under oath to say something.
That's not how they started.
I assure you.
Even though they've made it their strategy and their tactics, the trial within a trial is ridiculous,
which is attack the justice system, attack judge Angoran, and for good measure, attack his principal
law clerk who sits alongside him on the bench and handles a lot of the day-to-day activities in a
courtroom, much like a match straight judge in federal court. They think this is a good strategy. The day that he violated the gag order, Donald Trump, is the same day that Alina Haba started
the trial day before the trial day started by a point of order arguing to the judge that she didn't
take, she didn't like the fact that principal Law Clerk was rolling her eyes and looks like she
wasn't believing anything that Alina Hava was saying,
no surprise there.
And she said it wasn't fair and it wasn't nice.
And she went, I'm not playing by the rules.
They started the morning.
And Alina Hava doesn't do anything unless Donald Trump approves it.
And there on her checklist, on her clipboard, Alina Hava had number one, attack the Law
Clerk again.
That was morning.
First break, Donald Trump with that strategy in his head, attack the
law clerk, attacks the law clerk, despite the gag order being in place, testing the judge
again.
What he didn't anticipate is that the judge would put him on the stand.
Now the judge, I don't know if you remember this pen, but for our audience, when they
he granted the summary judgment and they got into court the next week to
talk about what the shape of the trial would look like, him having already granted the
summary judgment.
And Chris, Kai is asking the question, the judge actually turned to the New York Attorney
General staff and said, why don't you dismiss all the other counts and I'll go right
to the score, and all your remedies. And they said, no, judge, we think we have to put on all the evidence through the other counts and I'll go right to Discouragement and all your remedies and they said no judge.
We think we have to put on all the evidence through the other counts in order for
us to be entitled to all this five or six pieces of remedy that we're looking for,
including Discouragement and Cancelation of the Business Certificates and removing
Donald Trump as a trustee of his own trust and all this other stuff.
The judge is like, okay, but his first inclination was, I've heard enough.
I'm ready to go to remedy and sanctions.
And now you've got a judge who is the only trial of fact.
There is no jury who's concluded that Donald Trump, at least on one major issue, is a
liar.
As he said, what he said was untrue.
That's called a lie, a lie under oath to a judge.
And so what it should have been,
if you're Donald Trump and you're kind of picturing
your best trial day with Michael Cohen testifying,
what should have been about Michael Cohen's credibility
as a witness, became about Donald Trump's credibility
as a witness.
Talk about sucking the oxygen out of the room in the wrong direction in your case.
What could have been a little bit of a highlight, oh, they cross-examined Michael Cohen on
bias, something we've all known.
You just have to listen to Michael Cohen.
You know his background.
I could do Michael Cohen for Michael Cohen.
That's not the point.
But it should have been about his credibility and then
In Lena Havas cross-exameters are always taught you end on a high
You find the ending point in your cross-examination that's something where you've scored a point and you sit down
But that's not what happened what happened is it became all about Donald Trump in a bad way and now that his James gave she gave the order
Get him on the stand now.
Get the kids first, line them up one at a time, show him what we're going to do to the kids
and then bring Donald Trump on and end with Ivanka and then bring in Donald Trump.
It's almost exactly been what we saw the Gen 6 committee do with, uh, with the way they presented. They wanted to hit him in the heart with a vanka at her testimony against him because,
because they know that solar plexus hit will have an impact on Donald Trump.
He will be a destabilized, unhinged Donald Trump when he finally testifies and ask to
your question.
You don't think he shows up.
Uh, does anybody doubt the litusia James and this judge will send the Marshall to Trump tower
or to wherever to or call secret service to bring him in?
He has no choice.
One subpoenaed, he has no choice.
He will face jail.
I don't think even though he likes to call himself the Nelson Mandela of this situation,
I don't think he wants to actually go to jail because he didn't
show up at a civil fraud trial.
I think as part of my thesis, my prediction that he's not going to show, I also include
in there him trying to pull something, we're saying, well, now with all of these other federal
cases that are going to trial, I now have to invoke
the fifth.
You can rely on my deposition testimony.
Just he's a coward.
I've studied his pathology over and over again.
That's when no one's predicting this.
And I could just be totally wrong here.
But his pathology is that of the biggest coward and to spend two to three days on
the stand being grilled and cross-examined and being shown just what a crook he is
and also that he's not smart. It will be something interesting. We'll all watch
and you can put in your comments below what your prediction is. Let's talk about
what our predictions are in Colorado because these
disqualification cases under the 14th Amendment section three, the
disqualification clause, they're heating up. You may recall back in early September,
a group that is a friend of the show here at the Midas Touch Network. We've had their general
council as well as their executive director on our various shows.
The groups called Crew, citizens for responsibility and ethics in Washington, the acronym is Crew.
They're the ones who brought this petition.
They have a track record of being successful in bringing these types of petitions before.
And the plaintiffs, the petitioners, in this case, if you will, are actually a group of
mostly former Republicans, or kind of non-Maga Republicans, which we highlight a lot here on
the Midas Touch Network, that MAGA is not the Republican Party. They've taken over the Republican Party.
But it's a group of actual Republicans and prominent ones
who basically say that, no, this, what happened on January 6
was a coup.
It was an attempt to overthrow our democracy.
It's an insurrection.
Donald Trump needs to be disqualified.
Just so everybody remembers what section 3
of the 14th Amendment states, it says the following,
no person shall be a senator or representative
in Congress or a lector of president and vice president or hold any office, civil or
military under the United States or under any state who having previously taken an oath
as a member of Congress or as an officer of the United States or as a member of any state legislature
or as an executive or a judicial officer of any state to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against the same or given aid or comfort
to the enemies thereof, but Congress may by a vote of two-thirds of each House remove such disability.
One of the arguments, if you even want to call it that, that Donald Trump made, which
is actually a bit of a kind of chilling argument, is Trump argued that as a president, he did
not take an oath to support the United States Constitution.
I just want you to think about that for a moment.
This is from Donald Trump's motion to dismiss brief.
He filed multiple motions to dismiss,
but this is one that refers to the other brief
where it says, the motion to dismiss explains,
this is from Trump.
This isn't from me, this isn't from the petitioners,
this is from Trump what I'm about to read.
The motion to dismiss explains why the president of the United States is not an officer of
the United States.
And Trump's reply in support of that motion will explain why petitioners arguments to
the contrary fail.
The September 29th motion to dismiss also explains how Section 3 does not apply to all
officers of the United States, but only those who take in oath to support the Constitution
of the United States.
As explained there, the presidential oath, which the framers of the 14th Amendment surely
knew, requires the President to swear to preserve preserve to protect and defend the Constitution,
but not to support the Constitution. So Donald Trump's one of his arguments is that the 14th
Amendment Section 3 doesn't apply to him because he never took an oath to support the Constitution.
It should be chilling. That's what they actually are. That's why we go through the legal briefs,
not the propaganda, the legal briefs.
That's what Trump said.
Trump also argued that this involved
a political question doctrine
so that it was nonjudiciable so that the judge
shouldn't be able to rule.
And then Donald Trump also argued
that the 14th Amendment Section 3 was not self-executing
and it requires a decision by Congress to exclude Donald Trump and not buy a judge like the
Colorado judge presiding over this case, Judge Sarah B. Wallace. Donald Trump also tried to file
a bunch of other motions on procedural grounds,
statutory grounds. He filed an anti-slap motion saying that he had a first amendment right
to, I guess, lead an insurrection and that by invoking the 14th amendment that chills
his first amendment speech. Judge Wallace rejected all of those arguments said, look,
if you want to make these arguments a trial or a post trial briefing, go for it, but this
case is headed for trial on Monday, October 30th.
The petitioners are going to put forward a lot of witnesses.
And we don't know who all these witnesses are going to be, but I think there's going
to be some powerful witnesses, because I've seen some of these motions in lemonade pop-up, where even some of the witness names are for now being
redacted. So it'll be curious to see who the petitioners call as well in their case and chief.
To your point earlier in the show, Trump's, I think, not going to call any witnesses and just try
to make the legal arguments about, you know, the ones that have already failed, but try to make those to the Colorado Supreme Court.
You know, ultimately, I think these disqualification cases go to the United States Supreme Court
on an expedited basis, and they'll all kind of get consolidated.
And the United States Supreme Court will probably be the, have the final say in it.
You know, one of the interesting things here too that the court found in its order is,
you know, look, this is the Colorado Secretary of State. Colorado Secretary of State is required
to require to, compelled to, remove people who don't satisfy the constitutional requirements.
The same way if someone was not born in the United States, the same way if someone doesn't
satisfy other requirements, that's what the Secretary of State's job is under Colorado
law.
So even setting aside a declaratory relief type framing of a lawsuit under just constitutional
grounds, the court was saying, too, this is a Colorado state obligation.
And other states have similar types of obligation.
So I know I somewhat cannibalized that topic, Popeye, because you were interested.
I know we got to speak about what's going on in DC, which I know you're looking at your
child contribute. I'll we got to speak about what's going on in DC, which I know you're looking at your child. I'll contribute to Colorado. The judge and her orders, just the dying
of the motion to dismiss, setting the case for trial on Monday, had a footnote in her order,
which gave Donald Trump the way out. It's just not available to him. Donald Trump's ultimate
argument is Congress can take away the disability related to the
14th Amendment and allow them to run for office.
And she basically called his bluff in one of her footnotes and she said, sure, you could
do it now.
Right now Donald Trump, if you had the numbers in your favor, which he doesn't, if you
can get two thirds of the house and two thirds of the Senate to take away
the disability, even in advance of the trial on Monday, she said, I don't really want
to do this case.
She said in the beginning, there's some cases that judges really would rather not do.
I have an obligation to do them.
But if you think you can get 292 votes in the house, a house that the majority couldn't even
get a speaker for about a month and 67 votes in the house, a house that the majority couldn't even get a speaker for about a month.
And 67 votes in the Senate, we don't have to do this trial. Now, that was sort of a mean
who's, I was mean in a good way by the judge because Donald Trump knows he could never
get 292 votes or 67 votes, two thirds in each house related to this. You know, the whole
battle here between,
when I always see time and time again,
I'm not sure who the lawyers are for Donald Trump
in this one, but they're equally poor whoever they are
because they're constantly doing unforced errors,
telling the judge cases stand for propositions
that they don't stand for,
telling the judge that there's legislative history
that supports them when it doesn't,
telling the judge that there's law review articles
by right wing federalist society people
who have changed their mind and have decided
that Donald Trump was right all along
that only the Senate and the House can remove him
and not a secretary of state or a state, and that's wrong.
And it's just so easy for judges and their law clerks
to help them do the research
to take the cases that Donald Trump cites and easily dispatched them as not being credible, reliable.
That's the number one thing that kills a lawyer like you and me when you're an advocate
in court, when you lose your credibility.
And when a judge just can't trust a word, you say, not just Donald Trump here, but his
lawyers in their filings about what things say and
what things don't say.
And the judge says, yeah, you're giving me all these constitutional statutes and electoral
act law about the Congress and their counting votes and who's allowed to be the president
on certificates of election has nothing to do with the 14th Amendment and whether it's self-actuating meaning,
whether it has to go through an act of Congress or not. And it obviously based on the history here,
it doesn't have to go through an act of Congress, nor does it require a criminal finding,
a trial finding that he was an insurrectionist or rebellion against the United States. That's why
he doesn't say convicted of a crime. A convicted of the following.
It's just that he did the following,
and that's based on evidence.
Now, I've seen the interview with the Secretary of State
for Colorado, and she's very clear
that she believes that Donald Trump should not be on the ballot
and that he was part of the insurrection,
and she's also called him out for not even attending
his own trial on Monday when it matters most when the chips are down.
But this trial, this bench trial with all the weight of the evidence that's going to be
presented on the scale.
And the scale here is not beyond a reasonable doubt.
The scale here is preponderance of the evidence.
All the evidence is going to go to the plaintiff's side that's trying to ban him from the ballot, from being
on the ballot.
So based on the rulings that have already been made by this judge leading into the trial,
although sometimes you can't use those totally as predictors because they're on individual
issues, I think she's very open-minded.
I think Trump's not going to present a shred of evidence.
I think the other side is going to put on their evidence. And she's already, as a judge, crossed the Rubicon
to decide that she can and has to, as a judge,
decide this issue.
It's not a political question that has to only be decided
in Congress.
It's something, once she crossed that barrier
and declared off the motion to dismiss
that was just filed, that she, as a judge
and a black robe can can make the decision.
Now hearing the evidence, I would be shocked if she didn't conclude at the end of that
week or whatever it's going to take that Donald Trump did commit rebellion and insurrection
against the company and should be invalidated from being on that ballot.
She actually said in her order on issues about, because they tried to handle an emotion to dismiss the Trump side. He's not, he didn't commit rebellion or
insurrection. She said, that'll be left for trial. I mean, it was just like a chilling one
liner in her order. So, you know, a lot of these other ones got dismissed. People might be
thinking, what about the one in Florida? What about the one in Michigan? A lot of them
died because they got filed in federal court and federal judges were like,
no, we don't see this, we don't see standing,
we don't want to take this case, that's fine.
But this state court judge in Colorado
with her secretary of state,
you know, as the person that's is going to be compelled
to do something or not here, she's ready.
And I would, I don't know about you, Ben.
I'd be shocked if she doesn't, after hearing all the evidence, rule against Donald Trump and keep him off
the ballot, meaning it'll have to go to the Colorado Supreme Court and maybe to the US Supreme
Court after that. And the timing of when I think it will go to the United States Supreme
Court is interesting as we go to our next topic, which is the March 2024 federal trial in Washington, DC, for Trump's
attempt to overthrow the results of the 2020 election because I am supremely confident
that special counsel Jack Smith is going to secure a guilty verdict in that case.
So as the Colorado case, which I also agree, Pope, I think the judge is going to find
that Donald Trump engaged in insurrection and is disqualified.
I think that ruling will be stayed pending the appeals process.
And then at some point that appeals process,
which we all know the wheels of justice take slightly longer,
and we would all like it to here on the Midas Touch Network.
At some point that then intersects with the March 2024
federal trial in Washington, DC, where a
guilty verdict there cannot necessarily be brought in as new evidence in a trial that's
already been completed in Colorado.
But certainly on appeals, it would be a compelling thing to request the United States Supreme
Court take judicial notice of that there was a guilty
conviction and a federal prosecution of Trump's attempt to overthrow the results of a 2020
election. So as Popak and I think through these issues, as experienced litigators and
practitioners, we also think through not just what's happening today, but what's going
to happen three, five five seven months down the road
And we want to impart that upon you as well
So you can start not just planning on what's happening next week say with the trunk kids going to testify
But what's gonna happen in seven months? What's gonna happen in nine months?
And we try to give you the best data available for that
He also talked about Popeyes, Trump's lawyers losing all credibility.
And we see that happening in all of the cases, and particularly prominent in Washington,
DC, where good lawyers become bad lawyers very quickly and become propagandists as they
represent Donald Trump.
I mean, someone like John Loro and a Todd Blanche by all accounts had good
Reputations of lawyers as lawyers, but in order for them to represent Trump
They have to go full MAGA or they choose to go full MAGA and then they just
completely
Make no sense and lose all credibility
You know and Trump makes them file motions and their lawyers,
they have their bar number, so they have to willingly file these motions, trying to take his
conspiracies and file them in federal court, where then special counsel Jack Smith has the framework
of, okay, that's completely deranged. You have these documents you're whining about.
Here's where they are.
What are you talking about?
And so then when a judge reads something like that, the next time those Trump lawyers try
to make an argument, the judge knows they're just liars.
You lose your credibility as an advocate.
I want to talk about that, especially I want
to talk about Mark Meadows, now being confirmed who have taken an immunity deal. We called that
before. I want to remind everybody as well. You see the impact of the reporting here at MidasTouch.com.
You see Donald Trump and Trump Jr. attacking the Midas Touch editorial team.
You see every week breaking news stories that's being broken by Midas Touch.
And if you want to support that independent journalism, go to patreon.com slash Midas Touch.
P-A-T-R-E-O-N.com slash Midas Touch.
Get ready folks for a Pope-Pock-in breakdown of all things Washington, D.C. federal prosecution
after this.
Quick break.
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I want to break down a lot or rather pass the proverbial legal a a football to Michael popok as we've got Mark Meadows
being confirmed to have accepted an immunity deal based on all reports. Popok, you had called
that when the indictment was unsealed. You have Judge Chutkin putting Donald Trump on the spot
saying you want this to be televised. Okay, just let me know in a minute order. You've got Donald Trump filing multiple frivolous motions to dismiss. You've got Trump trying to blackmail
or graymail the United States government with classified documents. And you've got Jack
Smith just calling out how frivolous Trump's discovery motions are. I'll let you take the first big bite out of this legal AF apple.
The, thank you, Ben.
The comments you made about the lawyers that reminds me of very famous quote by John
Dean in Watergate, the lawyer for Donald, for, I was a Donald Trump, Richard Nixon.
How she went to jail as well.
In 1973, Senate Watergate hearing, he said, quote, how in God's name could so many lawyers get involved in something like this,
talking about himself and others. Same thing here. I mean, you know, all the lawyers
and there's still more to come in Georgia who have been indicted yet,
yet not yet pled. And then you've got the lawyers who are still currently
representing Donald Trump are doing so really to do no great service to the legal profession, let alone to Donald Trump's side.
Lock going on in DC, you just outlined, we got meadows,
Chuck get about, Judd, Chuck get about what this is going to be televised,
those motions to dismiss the gag order and the classified documents. Let's start with meadows.
Meadows is very, very interesting.
And we're trying to sort it out
and Karen and I, on the weekend,
in midweek edition, we're trying to sort it out too
about the mismatch that we've seen
between him being indicted in Georgia,
not cooperating there,
not even being an offer to plead deal,
and kicking and screaming,
trying to take the case to federal court,
and you know, Jack Smith saved me
or whatever those motions were supposed to be all about,
that all got denied. And then him, Jack Smith saved me or whatever those motions were supposed to be all about that all got denied.
And then him, as we suspected, as soon as we saw the summer indictment of Donald Trump
in August, we suspected that where was Mark Meadows?
We looked through pages of bomb pages, allegations, hundreds of allegations in the four conspiracy
counts against one defendant and Donald Trump before Judge Chuck.
And we said, where's Meadows? I mean, there's not even things that sort of where we know he was
present and they seem to be purposefully excised from the text of the indictment. Why?
And we could only conclude, as you and I did, that Meadows was cooperating in some way, shape,
or form. And now we know there was at least a limited cooperation went through the chief judge of the
DC Circuit Court in Grand Jury.
He was given Fifth Amendment privilege for the purposes of testifying before the Grand Jury.
And there's also reporting that that Mark Metos also at least met with the prosecutors two or three times related to his testimony and that he's testified or provided
evidence already about the big lie and the big fix and the fact that he was one of the people
telling Donald Trump that there was no outcome determinative fraud in the election at all that
that he was repulsed and told Donald Trump so, and Donald Trump declared himself the victor
or the knight of the election before all of the other ballots were counted, including
absentee ballots and the like, military ballots. But we also know all the other things that
Mark Meadows was involved with, which is really everything, the gatekeeper in the White House
involved with coordinating with the campaign of Trump to claim the power,
coordinating the fake electors, and making sure that they all got presented to Mike Pence,
the pressure campaign against Mike Pence, the document movement from the White House
to Mar-a-Lago and to Bedminster.
I mean, Mark Meadows in burning documents in his own fireplace according to his right hand person Cassidy Hutchinson.
I mean, Mark Meadows has a lot of things that he can say, but yet he's still while he wasn't
indicted and wasn't even listed as an unindicted Coke and spirit or because there's six of those
and none of those are named Mark Meadows in the Chuck in indictment and the Jack Smith indictment.
We're like, but, but what's going on?
He got indicted in Georgia.
How is he's not completely fully cooperating with Jack Smith?
Is there still exposure there?
The bad news for Donald Trump is that Mark Meadows, who he can't claim he doesn't know or
doesn't remember and can't claim as a liar because every other time he said Mark Meadows
was a good guy, a courageous guy, trustworthy guy, that's why he made him as chief of staff.
This is not a good thing in Trump world
for Mark Meadows to be cooperating
in any way, shape and form with Jack Smith.
The question is, he's also gonna cooperate ultimately
with Fawni Willis.
Fawni has her little group of four cooperating witnesses,
including three former Trump lawyers,
which Jack Smith, I'm sure, is gonna try to get over to his side
to cooperate with him, or they're gonna get infected,
or convicted, or indicted.
So you got that going on, but you got,
she's got meadows by the short hairs,
while Jack Smith is still trying to get him to play well
inside the sandbox against, you know,
it helped him with his case in DC.
So we're gonna, but we have the confirmation now
that he did testify.
The gag order issue is coming to a head.
We're gonna get a filing right before we go on the airtime
probably from, that'll complete the briefing
about whether that gag order that she judge shut
can temporarily lifted for about two weeks,
just long enough for Donald Trump to do more bad things
That got used against him in real time in the filing by the Department of Justice
I mean they filed things and put in there things that had happened earlier in the day in New York
Including the violation of the gag order earlier in the week in the 60 minutes Australia
Anthony Pratt billionaire Australian who was secretly recorded
against Donald Trump calling him a mobster and a punk.
All of those things ended up in the brief that was filed by the Department of Justice to encourage Judge
Judd Jutkin not just to reimpose or gag order to stop him from using violent rhetoric,
targeting prosecutors
and witnesses, but to strengthen the conditions of his release from jail so that if he does
it again and tries to attack Mark Meadows, which was also in the briefing by the Department of Justice,
or any other witness that he goes after that that she revoke the
conditions and find that they've been violated of his release and therefore another pathway
to jail for Donald Trump. So Donald Trump might have gotten some political mileage for a couple of
weeks, shaken his tambourine, trying to raise money by going back and calling Jack Smith
a thug again and attacking people and violating the gag order in New York. But the chickens
are all coming home to roost now. And they're all being used as evidence against him to not
only reimpose the gag order, but to make it to have another trip wire for him to maybe end
up in in jail. You want to take the classified document issue,
the gray mail, that's really interesting. Yeah, we've heard about black mail in court proceedings
involving classified documents. We call it gray mail where a criminal defendant tries to inject
classified documents that they either stole or are aware of and says, well, if you continue
to prosecute me, I'm going to have to talk about some classified information that could
be very damaging to you government and very damaging to the American people.
Look, court proceedings take place in public, right?
And so at some point, what you have to deal with is balance
the national security interests, detending to classified information, any criminal defendant
has constitutional rights and due process rights to get discovery material that may be relevant
or sculpted in the case. And so Donald Trump's making an argument not in the Southern District
of Florida case. Obviously, that one involves classified documents that Donald Trump's making an argument, not in the Southern District of Florida case. Obviously, that one involves classified documents
that Donald Trump stole, where he can engage
in a lot of gray mail there.
But in Washington, DC, Donald Trump says,
you know what we really need to talk about in this case
that are gonna be really important to my defense?
We need to really talk about America's
international assessments about Russia and Iran and China
and foreign government interference, which Donald Trump may have disagreed with his own
intelligence community.
Because Donald Trump says he wants to make that a major part of his defense and folks.
It's a hard issue, I guess, to unpack, although I think I just did it fairly easily, but the
egregious nature of this should be front page news.
You hear it here on legal AF, of course, but that's an actual motion that Donald Trump
brought.
And he's using coded language a little bit, but if you know what he's trying to do here,
it is obvious what he is saying by his disagreements with the intelligence communities assessment about election security, our intelligence
community believed that there were massive threats from Russia, from Iran, from Saudi Arabia,
from China trying to interfere with our election and trying to basically help Donald Trump
win. Donald Trump is saying his disagreement with that
is somehow relevant to his defense in Washington DC.
It isn't what he's really saying is for 2024,
he wants our enemies to learn about those security
assessments that were done by our intelligence community
by trying to put that into evidence in his case
and thereby graymail the Department of Justice
and Government into being afraid to try this case publicly.
How heinous is that?
And that relates to a motion Donald Trump filed about challenging the SEPA classified information
procedures, act, redactions, and withholding of documents that special counsel Jack Smith has does not
want to produce an underseepa classified information procedures, act special counsel jack
Smith's able to have an ex party under seal and in camera hearing with the judge without
Trump basically be like, look, these documents are not important.
They're not relevant and they're very dangerous if they're released.
And Trump's arguing, nope, make them all available.
Those are major parts of my defense.
So you see the games, Donald Trump's playing their judge, Chuck and also made the brilliant
move in a minute order saying, okay, Donald Trump, I hear you want this case to be public.
That's what you're this case to be public. That's what you're
talking about to the public. So here's the minute order. Defendants combine responsive
any to the media coalition's application for audio visual access to criminal trial
proceedings. And basically she asks Donald Trump what his view is about the media's request
to televised and make this trial available publicly.
So, putting Donald Trump on the spot here where Trump's going to have to respond if he
wants this case to be televised.
He says that in his speeches, but we know the propaganda from the speeches and the legacy
media and the right-wing propaganda machines pump out is different than what goes on in
the case.
And we've made it our mission here on Legal AF with this,
rapidly expanding Legal AF community
that you have all created to say,
let's just talk about the facts.
Let's talk about the evidence,
because facts and evidence and what's going on
in the courtroom, you know what?
That doesn't have a political party.
We don't want to be lied to.
We don't want to be played here at the legal
AF community, at the Midas Mighty community, and in the American community. We don't, and
across the world, we don't want to be played. So tell us the facts and show us what's actually
going on in court. That is one of our main missions here. And also one of the things
special counsel Jack Smith pointed out as well is Donald Trump's lawyers made this like
ridiculous motion where they wanted to subpoena the January 6th committee because they Council, Jack Smith pointed out as well, is Donald Trump's lawyers made this like ridiculous
motion where they wanted to subpoena the January 6th committee because they said that they,
which has been disbanded by Republicans, say they destroyed millions of records. Donald
Trump posted on social media that the January 6th committee destroyed all, Donald Trump
goes destroyed all of its records and that therefore the case must be dismissed against it.
First off, the records are available online,
they're archived online,
the Republicans shut down the official government archive
for it, so the archive had to be moved,
but it's available online right now.
There are certain documents,
which are not on that archive,
which are highly sensitive
confidential documents, but those were turned over when back in August by Special Counsel
Jack Smith, not only to Special Counsel Jack Smith, turn those over.
He put him in alphabetical order by witness.
There was also other kind of like maps about where you can go to find these documents.
He dummy-proofed it for Trump's lawyers.
And special counsel, Jack Smith explained to the judge in Trump's conspiratorial late-in-motion
filed by his lawyers, Jack Smith's like, okay, we don't know what he's talking about.
We've turned over that he has these records.
He has all of the records.
And then what Jack Smith pointed out is this footnote by Donald Trump's lawyers where they said this is a good faith motion
But we have not reviewed all of the records. So special counsel Jack Smith goes, yeah, before you go and write a motion
Maybe review the records and by the way special counsel Jack Smith says this also if you didn't want to review your records
If that was too hard for you, before you filed this thing,
maybe give us a phone call and say,
hey, is it in there?
And then we would have told you where it is,
and we would have helped facilitate that,
but no, you rather just file this complete bogus motion
with the judge to tarnish the January 6th committee.
And this is where I always say to kind of,
you know, the, the, the Maga Republicans, you know,
people who are still maga, like you just must love being lied to.
You just must love it.
Like you must love being treated like crap
and being treated so disrespectfully.
Like it must give you joy to just be talked to and lie to all
it must give you joy to just be talked to and lie to all of the time because there are some things that are just so easy to disprove. Okay, really, he didn't get the documents. Well, here they are.
They're right there. Now what? Oh, well, no, no, no. Okay, well, you can go down that rabbit hole
of digging deeper and being further lied to through the depths of depravity, but we hear at legal AF and the Midas mighty, we care about
the truth first and foremost beyond political allegiance and party.
Tell me the facts.
Tell me the evidence.
Speaking of tell me the facts and tell me the evidence, Jenna Ellis, let's go to Georgia
popok in the criminal Rico case. Trump's lawyer, Jenna Ellis. Yes, the Jenna Ellis,
who got farted on by Rudy Giuliani in a fake hearing and then contracted COVID. And then,
I guess a common theme here, attacked Midas Touch back in 2020. She called us a D list
leftist, something, I don't know what you call the D list leftist.
Well, there you are, Jenna Ellis with Crocodile Tears, entering a guilty plea on a felony
count in connection with the attempt to overthrow the election results in Georgia, in that guilty
plea she was crying and saying, I relied on some lawyers like Rudy Giuliani
and smart lawyers.
And I thought they wouldn't lead me into this.
WAM, WAM, WAM, WAM.
Michael Popak, tell us what went down in Georgia.
And also, I got to love that judge Mac if he has a little bit of a sense of humor here.
By Donald Trump incorporating by reference motions, Trump's lawyers were too lazy to bring their own motions to dismiss.
And a lot of these occasions, so they incorporated by reference the motions to dismiss by
co-defendants like Ken Chesbro and Sydney Powell and others and people who have pled guilty.
So you've incorporated the reference,
the legal arguments of guilty people
and judge McAfee this week.
It's like, okay, let's hold a hearing on that.
Trump's lawyers, you can make the argument
why the Chesbro motion and the Sydney bowel motion,
which by the way, Popoq, you called that those motions
blamed Trump like the incorporated by reference motions
that attack him.
Bizarre. How's it about that?re. How's about Georgia, Georgia, Georgia?
Thomas is if they don't read the motions that they're asking the court that they like to adopt.
Interestingly, for a location and a venue that probably poses the second greatest threat
to Donald Trump going to jail, Georgia, he seems to take it the least seriously.
Donald Trump going to jail, Georgia, he seems to take it the least seriously. He has one lawyer, literally, one lawyer assigned to the case, Steve Sadaw, who's his latest
lawyer, having fired a set of lawyers when they weren't able to get the indictment dismissed,
or the special purpose grand jury dismissed or the grand jury dismissed, or funny well as
dismissed, or anything else that they want to fire them and he hired Steve Sada and we're like okay,
Steve Sada, he seems to have a reputation in Georgia, knows his way around a courtroom, he hasn't filed
one piece of original thought or original writing since he's been a representing former president
Trump, not one. And so he's always doing me too.
Oh, I like that set of motions, not not anticipating that a number of those people,
like Trump's former lawyers, were lawyers would eventually take guilty pleas and become felons.
And therefore, totally discrediting the motion that you just adopted for your own.
And so just to make sure that they're not gonna be, if I were Steve Sado, I would have said,
I would draw my reliance on those motions,
and I would draft my own motion related
to something related to Donald Trump,
but they haven't really done that either.
And so the judge is calling them out.
And I love this judge for many, many reasons.
One, he just refers to Trump as Trump.
We put that piece back up.
It's just Trump. It refers to Trump as Trump. We put that piece back up. It's just Trump.
It's not former president Trump.
It's not president Trump.
I always say that Trump should be actually indicted
for impersonating a federal officer
because he keeps calling himself president Trump
when he's the best former president Trump.
But this judge just says Trump's motion,
Trump's adoption, Trump's adoption, Trump's adoption and all of that.
Jenna Ellis is a weird cat.
I don't know how to put this any better.
2016, she went on social media to totally trash Donald Trump.
She said he's a criminal, a narcissist, a sleaze ball and his followers don't have any
judgment whatsoever.
That was 2016 Jenna Ellis.
By time, 2020 ran around and she needed, I guess, to support her law firm and she signed
on for Team Crazy with Rudy Giuliani.
It became, she bought in completely.
It became, you're looking her social media then and to now, it was Donald Trump is a
martyr or Donald Trump is a victim of the biggest heist and electoral heist in the history
of America and everything else.
And then full circle right back, you know, 360 degrees, we're right back where we started.
She's crying as you as you noticed and mocked her rightly so. And blaming other older lawyers,
oh, the older white lawyer guys that led me astray. And then she almost named really Giuliani by
name. Region is got a big problem.
The reporting that's coming out now is that while Fannie Willis is busy strategically flipping
lower level people and people within John Trump's inner circle, she has no interest in providing
a plea deal to somebody like Rudy Giuliani or Jeffrey Clark or maybe even Mark Meadows
and John Eastman.
And I've always predicted and you can
put it down on the Popok board, although my board is is a decommission today, that the final
four of the trial, it won't be March madness. It'll be sometime after that in before November
of 2024, to find the perfect final four for for for Fondie Willis to try her case would
be sitting at one defense council table, the one's defendant's table,
in front of one jury presenting the evidence one time,
Donald Trump, Meadows, unless she cuts a deal,
Giuliani, Clark and Eastman.
If you were to pick the perfect group
to try along with Donald Trump,
it's this special breed of crazy
and to put them all together, because then
it'll all bleed over. The crazy, the crazier that Clark is on the stand in front of a
jury, if he takes the stand, the better it is for Faudi Willis. Same thing with Eastman.
And one of these morons will take the stand to try to defend themselves, probably not
Mark Meadows, but the others. And so I think she's trying, she has visualized, you know, when you visualize things in life,
you try to attain them, she has visualized a trial and that trial looks like that.
And now she's going to flip people and give them, in felonies where she can, but get them
to ultimately cooperate, make tearful apologies.
They don't all have to make a speech like that.
That was Jenna Ellis's decision to make a speech
and dump on Rudy Giuliani and Ray Smith
and some other lawyers that are still out there
in the indicted list.
The next thing I'm expecting,
actually I thought we'd be able to talk about it today,
but maybe it'll take Fonnie another week to process it
is when does Fon Willis file her motion
to set the trial of Donald Trump?
Now that the four or five-month period
that was reserved on the court docket
with Judge McAfee for Sydney Powell and Ken Chesbro
is off.
There's a lot of free time on the calendar.
Now, she has to fit it between
the March trial. I don't think she can go before March, but the March trial of Judge
Chutkin and the May trial, maybe, maybe trial. I like to call it of Judge Cannon in Mar-a-Lago.
If Judge Cannon does what you think she's going to do, do Ben and get rid of May. I think Fawn he's got her opening right there.
Maybe she buys that fight by scheduling in May and then puts Donald Trump on the horns
of a dilemma because he really wants that May out there so he can use it to block and tackle
the other cases, but he doesn't want that case out there because he doesn't want to try
more than one case before the 2024 election criminally.
He's got all these other civil cases that are going to trial and pop it off in January
and in different times.
So if I'm Fawni Willis, I say judge, we got an opening on the calendar, we're ready
to go.
We want to try the following group together.
And she just declared it because he's looking, the judge is looking for Fawni to do the
administrative work
of figuring out which groups he said in the past,
got to group these together.
Well, we'll probably do two or three trials.
Tell me the groupings.
She'll say, I'm ready for my grouping.
I want it to be X date and I want it to be Trump,
Giuliani, Clark and Eastman, maybe Meadows.
I want those five and he'll say,
I got room in a courtroom for that,
and the lawyers related to that.
Okay, what date are you proposing?
And here's where she could really call Donald Trump's bluff
and say, I wanted after March,
but before November,
and pick a date that then puts her in conflict with Ken
and see what happens with Ken.
And what do you think, Ben?
Funny Willis knows exactly what she's doing here because on November 1st,
Judge Eileen Cannon's holding the hearing on Donald Trump's request to delay all of the
dates in the Southern District of Florida, Mar-a-Lago, theft of national defense secret case.
Remember how Judge C judge cannons continue to delay
and delay, then she said a hearing on the delay, and then a hearing now to delay everything.
That's now scheduled for November 1st in Fort Pierce. So what Fony Willis is doing is waiting to see
what Judge Eileen Cannon is going to do at that hearing. The good news about Judge Eileen Cannon
is her corruption is matched in my view by her
in competence because now Judge Eileen Cannon
is kind of boxed in.
And it's sometimes it's not what you do as a lawyer.
Sometimes it's what you don't do also,
which is equally powerful, right?
So by Fulton County District Attorney
Foney Willis not pushing for that trial date of Donald Trump yet, it now causes
somebody like Judge Cannon who shoots from the hip and there's all these
minute orders and her docket is so confusing to even she's confused herself
at this point. She rules on the request by
the media to show up after a hearing takes place like she has no clue. I think it's really
incompetent stuff. But now Judge Cannon will see Donald Trump requested that the dates get
moved in the classified document case, which would move the May trial date, Fony Willis is going to watch exactly what happens
on November 1st, and based on that,
I would expect November 2nd.
November 3rd, we're going to see
Fulton County District Attorney Fony Willis
issue a trial schedule.
Which has its own poetic justice, right?
All of these dates, like the one that
Latisha James picked
for the, for the trial testimony of Donald Trump, the date that you're just talking about.
It's all on top of the election day date, which matters one year and one year away from the other
election that really matters, which is 2024 election day this year. He's going to be testifying
one day before the election day. You, she might be making the decision that you just perfectly outline.
Well, looking at the years that here's the thing with Maga too.
As I always say, it's kind of fascism meets ineocracy, you know, with that
incompetent dimension that exists in the movement as well, that we should all
be very fortunate about when I'm saying right now, can't be used by judge
can and to helper.
So don't worry. She's already screwed this up. So what I'm about to say, you can't be used by judge can and to help her so don't she's already screwed this up
So what I'm about to say you can't be like man
You're giving her the road map at this point if she really wanted to be the one to help Donald Trump
Which she clearly wants to she would have said her trial date in March like when judge
Chuck and did and she would have done all of the things that a trial judge can do, let jurors on who don't
belong on and kind of skewed it so that Donald Trump would get a hung jury or something like that so
Trump can run around and be like, see everybody, see? But because she's so incompetent and Trump's
incompetent and also scared to go to trial, she thought she was doing Trump a solid by having this plan to incrementally
delay the dates, but what that allowed was the DC case to take place in March. And now
I think the Georgia case in Fulton County District, Tony Fawney Wells is watching that could
potentially slide in for May, June right now. And then Trump, and this would be great
for the nation. You have the two cases on Trump's attempt to overthrow the election, take place before the November 2024 election.
So Americans can see what a jury thinks about Donald Trump's conduct both in state and
federal court. We will, of course, keep you posted here on legal AF. And again, you see
the impact of legal AF
that's having nationally and internationally right now.
You see the impact of MidasTouch.com breaking all these stories.
So if you're able to now join Patreon for MidasTouch
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We'll see you next time on legal AF.
Thank you so much legal a efforts Michael Pope.
I always the best time of the weekend sharing this moment with you and all the legal a
F's have a great rest of your weekend have a great week.
Justice is here.
The wheels of justice turn and turn and and turn and will be here at each
and every turn with all of you.
Shout out to the Midas Midas.