Legal AF by MeidasTouch - Trump HIT with Charges HE FEARED as Election NEARS
Episode Date: September 26, 2024Michael Popok and Karen Friedman Agnifilo host the midweek edition of the top-rated Legal AF podcast. On tap? 1. Special Counsel Jack Smith is about to file his 180 opus of new evidence and arguments... against Trump and to make sure his new indictment in the DC Election Interference Case avoids dismissal; 2. the proud Ohio Haitian community has sworn out new criminal charges against Trump and Vance for their hate speech against them; 3. Alex Jones is about to have all of his Infowars assets auctioned off to pay the families of Sandy Hook Elementary School he defamed and caused emotional distress; 4. A NY appellate court hears oral argument tomorrow on Trump’s effort to overturn the $500 million dollar fraud judgment against him; 4. Judge Cannon has been “randomly” assigned to preside over the would-be assassin of Trump; and so much more at the intersection of law and politics. Join the Legal AF Patreon: https://Patreon.com/LegalAF Thanks to our sponsors: Moink: Sign up at https://MoinkBox.com/LEGALAF right now and listeners of this show get FREE hot rolls in your first box. Trust & Will: Get 10% off plus free shipping of your estate plan documents by visiting https://trustandwill.com/LEGALAF Fum: Head to https://TryFum.com/legalaf or scan the QR code on screen and get a FREE GIFT with the JOURNEY PACK today when you use code LEGALAF Zbiotics: Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout.a Fatty 15: Get an additional 15% off their 90-day subscription Starter Kit by going to https://fatty15.com/LEGALAF and using code LEGALAF at checkout. Qualia: To boost YOUR NAD+ levels up to 50%, Go to https://qualialife.com/LAW for up to 50% off and use code LAW at checkout for an additional 15% off. 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
Transcript
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Welcome to the midweek edition of Legal AF
with your regular anchors,
Karen Friedman-Nicnifilo and Michael Popok.
We got four major topics on tap today
at the crossroads of law and politics.
What else?
First, we're going to spend a lot of time in the district of Columbia, DC election interference case presided over by judge.
Chuckin.
We got a motion to reconsider by Donald Trump that wasn't even filed that he got
denied.
We've got a person trying to intervene to file some sort of weirdo brief.
Uh, judge Cannon would have accepted it, but that
motion was denied. And then we've got granted a motion by the special counsel
to file a 180 page brief plus attachments in order to support his
superseding indictment against the Supreme Court's immunity decision. It's about 135 pages longer than usual and Donald Trump hated it, hated the
operative, hated the ask, opposed the 180 pages, didn't want any brief filed
whatsoever, just wants the judge to immediately don't pass go, don't collect
$200, just dismiss the entire indictment. You don't need briefing. Just listen to me, Judge. Promptly dismiss this case. Is that what's going to happen? Or are we going to get
180-page brief tomorrow that Karen and I are going to be able to break down along with all the other
legal AF contributors over the next week or so? We'll talk about that more in the upcoming segment.
And then in the same week that Donald Trump's would be assassin, who we're going to touch on, is arraigned
and is going to be have a criminal case against him
presided over by Judge Aileen Cannon, of all people,
prosecuted by the US attorney in the southern district of
Florida, who's a proud member of the Haitian American community.
We've got new criminal charges sworn out against
Donald Trump and JD Vance by a Haitian non-profit organization for violating various criminal
laws in Ohio, including for hate speech. Talk about the unique procedure in Ohio that allows
for that type of swearing out of a criminal charge and how
does that go from that to an actual criminal complaint or indictment?
Break it all down with my colleague and partner and friend and former prosecutor Karen Friedman
McNifilo.
Then a small measure of justice, small, is coming the way of the Sandy Hook Elementary School families who lost their first graders
and their teachers and their friends and their children at the hands of a mad gunman in a massacre
over almost 20 years ago when Alex Jones, the disgraced alt-right MAGA podcaster, is being
forced by a bankruptcy court to sell at two auctions
everything related to Infowars from the intellectual property, the copyright, the
name, the website, all the plumbing behind the website, the followers, the
equipment, the podcast equipment, everything must go because a judge in
Texas says it must. And the money from those proceeds
after professionals and lawyers and auctioneers are paid for are gonna go
to the families holding a 1.5 billion dollar defamation judgment in two
different cases against Alex Jones. In addition, he should be working for those
families for the rest of his life. We'll talk about that measure of justice
and how Alex Jones and things that he has said recently
that suggest that he has not learned his lesson.
And then we're gonna talk about what I touched on before,
which is how in the world does the random wheel spin
and always land on Judge Cannon for just the wrong cases?
We've got the would-be assassin of Donald Trump
being arraigned. She has been assigned to the case. I'll talk about my experience in
the Southern District of Florida as a lawyer of practices there and why even
though we were like, are you kidding me? There's 11 active
judges in the Southern District of Florida. Hasn't always land on canon. And we'll
talk about what we can predict is going to happen
now that she's got a run-of-the-mill garden variety would-be assassin in front of her
of her patron Donald Trump versus what she has exhibited in terms of putting her big fat thumb
on the scale of justice in favor of Donald Trump all this time including dismissing his indictment
because she found that Jack Smith is a illegitimate special prosecutor and
ill-properly funded.
That sounds like a great show.
Karen, where are you?
Karen, it's an exciting collection of things.
How are you doing?
I'm great.
How are you doing, Popak?
I'm doing fantastic.
Good to see you.
And we got some news.
We got some news.
Yeah, really exciting news.
I'm so thrilled that you are going to be joining Miss Trial tomorrow and we're going to have
a little crossover mashup episode of Legal AF and Miss Trial where it's going to coincide
perfectly with this bomb that Jack Smith is literally going to drop in the court when
it comes to the Jan 6 case, which you just touched upon that we're literally going to drop in the court when it comes to the Jan six case,
which you just touched upon that we're now gonna talk
and go into detail about this 180 pages
or at least 180 page of memo that or motion
that Jack Smith is going to file with the court.
And so I'm so thrilled that's gonna drop tomorrow
that you're gonna be there so that we can all discuss it and dive into it and just talk about what it is.
Yeah, that's going to be all hands on deck.
We're going to have to go zone defense because 180 pages are going to drop around the time
of our recording.
And we as seasoned professionals are going to have to divide it up, divide and conquer
and so that we can bring it to you the way that we do on Legal AF and on Miss Trial in a way that's
both informative, insightful, and kind of our brand of delivery. I really appreciate you inviting
me to come on the show. I'm a big fan of you, huge fan of the show. I've had dinner with Miss Trial.
Nobody else in America can say that. I've had dinner with Miss Trial recently. And that I think that led to this. And it was a
perfect opportunity to come on board. Why don't we have you kick off the segment on DC and catch
everybody up on the DC election interference case. And we're talking a little bit in shorthand
because we're so excited about 180 pages being filed and all that. Talk about what it is. Start
back in September, September the 5th, the judge sets a very detailed series of briefing schedules
that parallel each other to get everything resolved one way or
the other so she can make rulings sometime either before
the election or at least before the inauguration. And Donald
Trump has been unhappy ever since. And hence, all the papers
have been filed. Catch everybody up on that. You did a great hot
take on it. And then I'll pick up for some color when you're done.
Yeah, so really essentially what's happening,
if you recall, is in July, the Supreme Court essentially
said that there's this thing called presidential immunity
from criminal prosecution and really chastised
the lower courts, both Tanya Chutkin, who's
the district court judge who's overseeing
that case, and the DC Circuit for not doing a fact-bound
analysis on whether or not Donald Trump should
be immune for his conduct while he was president and stuff that
was in the indictment.
And so they created this new test, essentially,
because the presidential immunity in the criminal context
did not exist before July 1 of 2024 when they created it.
And what they did was they created a test
and made three categories.
The first category is anything that's
a core presidential duty, like something that's
in the Constitution, for example.
The president is absolutely immune for anything if he's performing one of his core presidential
duties.
You cannot prosecute him for it, period, full stop.
If he, as the commander in chief of the military orders SEAL Team 6 to go kill one of his rivals,
he cannot be prosecuted for that.
So that's that category.
The other kind of simple,
easy category is anything in his personal life. So if he gets into a spat with his
wife and does something to her, he could be prosecuted for that. And then
the third category, because that's purely personal, it's in his personal
life, has nothing to do with being president. And then the third category is this sort of in between stuff, this
presumptively immune, but might not be immune category, which is he may
or may not be doing presidential stuff.
For example, when talking to Mike Pence at times, he talks to, would have been
talking to Mike Pence as the vice president and as president, those he would
be immune
for anything involving that.
But if he were acting as candidate Trump and candidate vice president Pence, or candidate
for vice president Pence, then that could be, they could rebut this presumption of immunity
and he could be prosecuted.
So the Supreme Court basically sent it back down saying,
make that determination and then it can come back up to us
and we'll tell you if we agree with it or not
and if you got it right or not.
And that's what they created.
So Judge Chutkin created a briefing schedule
and it was unclear who goes first, right?
And she decided, okay, I'm gonna let the prosecution
go first and file their motion as to why it is that their indictment is
that Trump is not immune for the conduct and the indictment.
And don't forget, they superseded the indictment,
meaning they amended it or replaced it,
essentially, after the immunity decision
and took out the things that the Supreme Court said
he's immune from and only kept in the things that they said
and added some language.
They added things like, well, he was acting as candidate Trump
and candidate Pence when he did X, Y, and Z,
that sort of thing.
And so now the motion practice is happening,
and oral arguments, et cetera, is
going to happen
regarding this new superseding indictment
in terms of now the Jack Smith and the special counsel,
what they are about to drop tomorrow
is their argument or their brief as to why it is
that the evidence and information that's in the indictment, that
Trump would not be immune from that and therefore the case should be able to proceed to trial.
And so what happened is on September 21st, Jack Smith filed a motion for leave to file
an oversized motion because normally the page limit and judges very commonly put page limits
in their local rules when it comes to certain types of motions. They'll say, you know, it has
to be a certain amount of pages and et cetera. And in Tanya Chutkin's courtroom, it would be 45
pages for that motion. And the reply from Trump would have to be 25 pages, and then Jack Smith gets a sir reply.
So what they did was they said, you know, we essentially need more space. 45 pages is not
enough. And they started their application, just went straight into language from the Supreme Court
in the immunity decision and said, look, the Supreme Court in the immunity decision and said the Supreme Court emphasized
the quote necessarily fact bound nature
of the immunity analysis,
determining whose characterization may be correct
and with respect to which conduct requires a close analysis
of the indictments extensive and interrelated allegations,
said Smith.
The analysis must therefore be fact specific
and may prove to be challenging,
knowing for instance what else was said contemporaneous to the excerpted communications or who was
involved in transmitting the electronic communications and in organizing the rally could be relevant
to the classification of each communication. That's what the brief says. So then he goes
on to say the Supreme Court remanded it to this court to determine in the first instance with the benefit of briefing,
we lack whether the defendant's conduct in this area
qualifies as official or unofficial.
So they essentially said,
look, the Supreme Court is the one who said all this.
They're the ones saying it needs to be fact bound.
And so Jack Smith says,
look, to fulfill this remand directive,
the government is proposing
that they file this opening immunity
brief with a comprehensive description and discussion of both pled and unpled facts,
meaning facts that are in the superseding indictment and facts that are not in the superseding
indictment. So what they're signaling there is they want to add more facts to the record
so Judge Chutkin can make her determination, make this fact-bound
determination that the Supreme Court required. They said there'll be a lot of exhibits and
you know it'll it's important because they know they have to have a rock solid record that's going
to go up to the Supreme Court. They said it'll be extremely helpful to the court, and
therefore they want to be able to do this. And they want to file two different briefs, one with,
for the court that has everything, and one that's redacted for the public. So we're not sure how much
we're going to get to see. And that because if you remember there was a protective order that Judge Chuckin issued in the beginning of the case
for sensitive material that is not going to be able to be publicly filed. So there'll be some
redactions, but there should be a lot of information. Well, a couple days later, Trump replied on September 23rd in
a panic, frankly. I have no other way of describing what they replied because they were like,
this is unprecedented, it's irregular, it's quadruple, and it's fundamentally unfair.
They threw out some monstrosity and it's politically motivated. Whenever you make things
like that, words like that, you know that if you don't have the law on your side, a lot of times
what defense attorneys will do is they'll harrump their way through and make accusations and you're littering the docket with this unnecessary tome
and just all this ridiculous kind of stuff.
And Judge Chutkin was not having any of that
and really kind of smacked them down in her order
when she granted to Jack Smith saying,
hey, guess what?
We are going to grant the right to file this.
And Jack Smith, we're going to let you do it.
And she specifically said, look, in remanding this case,
the Supreme Court said that we have
to conduct a close and fact-specific analysis
of the indictment's extensive and unrelated allegations.
And so therefore, I'm allowing it and
she really smacked down Donald Trump's motion because she basically said look for the second
time in a week the defendant urges this court to reconsider the current pre-trial schedule
in a brief intended to respond to a separate issue. Okay, she was supposed to and so,
and without actually filing a motion. So they're saying, look, you're putting irrelevant things in
here. You're not filing a motion, you're supposed to be responding to something. And you're asking
for things that I've already ruled on twice. And she basically said, look, you know, not happening. And I've already ruled on this.
And PS, you only said one line about the issue
of expanding the record.
The rest of your nine pages was all this other stuff
that I've already ruled on before.
And so she kind of really smacked them down.
And she said, the incoherence of defendants' demand is revealed by his accusations.
You know, whenever a judge basically says your argument is incoherent, you know, they are
basically telling you that you're an idiot. So she really smacked them down, but she also granted
this request on Jack Smith. So we're going to see a lot of things we didn't know before or a lot of evidence that
we hadn't seen before.
Yeah, let's talk through that. We're going to pick it up
tomorrow on mistrial when we're all together. agree with
everything you just said right there not to be repetitive. What
Donald Trump should have done for those out there thinking,
what should he have done instead of doing all of his high
dungeon clutching of pearls,
oh my God, it's 140 pages more than it should have been. I mean, all he did was draw attention to
the fact that she needs that amount of pages in order to do the job that she's been given.
She was given a task on remand by the Supreme Court. The task on remand is to not just look
at the four corners of the indictment, but to put it in context of all the
actions to determine whether the activity falls into one of three buckets. Absolute immune,
constitutionally protected Article II conduct of a president, presidential constitutional conduct.
That's off the table, absolute immune. You can't even use it as part of your facts of your indictment to prove your case
or evidence. Two, rebuttable presumed official conduct that can be rebutted by the prosecutors.
How do you rebut it if you don't put on evidence and if you don't put on evidence by way of
the first brief, the opening brief that the judges allowed you to have? And third, there's
a fall into the category of prosecutable private conduct that doesn't enjoy any immunity at all. There's no other way
to do it than with the guidance by the opening brief. The judge already made the
decision on the 5th of September and Donald Trump has never recovered.
He's like a baby, an infant in a highchair, and he's throwing his food. Now
he's grabbing what's in his diaper. That's all that's left. He has no argument. My favorite part, they should be embarrassed, this fellow bar members,
Emile Beauvais and Todd Blanch, to make this argument. There's absolutely no case law that
would allow an extra pages in a brief. Are you f-ing kidding me? There's no case law because that
is given to the sound discretion of a trial judge
as to how many pages. Do they think there's appeals that go up to the United States Supreme Court
about the judge should have given 30 pages but not 20 pages on an extension? Are you f-ing
kidding me? I've been doing this for 33 years. I can count on many, many hands how many times I've
had to ask for more pages to address
an issue not as weighty or constitutional as this one.
I often find I need an extra 10, 15, 20, 30 pages more.
And if I can't work it out with the other side, I go to the judge.
I was a little surprised.
They know they're playing with home court advantage and they got the judge on their
side, which is good, because they waited till like the very last minute
They knew they were at a hundred and eighty pages more than three days ago. The brief is due tomorrow
They filed their brief like three days ago their emergency application for extra time. We have more pages, please
What if the judge said no state of 45 then there's a lot of cutting they were gonna have to do this weekend It's past weekend, but they knew where they were gonna get more pages what Donald Trump should have done
to do this weekend, this past weekend. But they knew they were gonna get more pages.
What Donald Trump should have done
is to say if they get 180 pages
or some amount of pages over 45, we should get that.
Because that would be symmetrical, that would be fair.
We don't think it takes 180.
We think an extra 50 pages should be enough
with all the exhibits that are not counted
as part of the 180 pages.
All the evidence that's gonna be submitted,
all the new evidence that you and I don't even know about
yet that's gonna be aired for the first time to the public.
See, that's what's chapped Donald Trump's ass
and his lawyers since September the 5th.
That they argued for,
we wanna go first with our discovery issues
because we wanna make the government look out to be bad guys
that they didn't give us all the documents
and all our crazy defenses and do that first judge
before you even get to the brief.
But that's not what the Supreme Court said.
The Supreme Court said, do not do another thing in the case before you fundamentally
decide the immunity decision.
So she had to do that.
And so they said, well, let us go first.
It's our motion against the superseding indictment.
She says, no, no, I'm going to let the government go first to defend their indictment.
Now their supers their indictment. Now they're superseding indictment.
And Donald Trump has hated that because it gives the government not one, but two briefs
before November the 5th, before the election, to air to the American people and try their
case. Okay? And Donald Trump gets one brief. And the final word is the government. It's
not his because in this world, we do three briefs. Opening brief, government, or whoever
the party that's assigned the opening brief. Middle brief, opposition.
That's Donald Trump. Last brief, reply. Sometimes you get an extra reply. It's
called a surreply. It's not happening here. So three briefs. Sometimes you only get two briefs.
Sometimes the judge says I'll hear from you and I'll hear from you and that's enough.
She has one motion in particular on statutory dismissal, a dismissal of the
indictment on statutory grounds where she's only giving two briefs. She's going to also hear the bullshit argument, can I curse on YouTube,
of Donald Trump arguing that Jack Smith should be ignored as a stranger, a drive-by prosecutor,
private citizen who just happened to show up one day and start prosecuting the case,
a la the cannon motion. The judge has already looked, how do I put this?
A skew, a scanced, jaundiced-eyed
at that particular motion.
She said, well, I didn't think that was very well reasoned,
but if you wanna bring it, bring it.
And we'll have three briefs and that'll time out again
before the election.
So that has bothered Donald Trump.
So every opportunity, he has moved effectively
for reconsideration, right?
I don't like that briefing schedule. I don't like my briefing schedule. I want my briefing schedule. Now he's F'd.
That's not really okay. He's AF'd because he's right now technically as of this moment of our live show
he's stuck on 45 pages against 180 pages for the government. What he should have said is in the alternative, if you
were to grant the 180 pages, then I want the same amount or whatever you give him
we want. But right now he's stuck at 45 and the government has the advantage of
180. So what you're gonna see is Donald Trump with his tail between his legs,
sometime between tomorrow's filing and the filing that's due for him in a month.
So since you allowed the 180 pages, which we objected to, can we have sometime between tomorrow's filing and the filing that's due for him in a month.
So, since you allowed the 180 pages, which we objected to, can we have 180 pages, please? And I think the judge is going to give him a fair ability to respond to the 180 over the 45.
The real question that you and I will be able to, this is the cliffhanger for this show,
tune in tomorrow to this trial when we're able to really talk instead of shadow box about what's in the
180 pages. My projection, my prediction is it's going to be things that we've seen. I think there's going to be a couple of pieces of
evidence. We were like, oh, snap, that's in there. They have a recording, they have a video, they have that cooperating witness. We didn't know that.
But I think it's going to be a lot if you've been patiently and studiously watching this
show and the JAD6 committee's work, pardon me, and the tome that they generated of 400
pages, most of it we're going to go, yeah, we just didn't, we didn't see that in the
indictment. And the reason to answer the final question in the chat, the indictment has to
put the defendant under our constitutional principles, under appropriate fair notice
and due process notice of what the charges are against them. And it has to support the
elements and meet the elements of the crime. And so you have to make sure you do that, but you don't have to do more.
It can be very skeletal as long as you check that box.
It is not a full presentation of the evidence against Donald Trump or any defendant.
That is not required.
The documents and information that either tend to prove his guilt or tend to prove his
innocence have to be provided by the prosecution in our country, but not in the indictment. So even the superseding indictment doesn't
have all that, but the Supreme Court has required effectively the Department of Justice to do
something that most prosecutors aren't required to do, which is to make an additional showing
to support the allegations and show how it fits into those three boxes. I just outlined
it more importantly, to prove to the judge how that happens.
Hence the 180 pages.
So I am already salivating about tomorrow night and all of us getting our hands on that.
I got paper loaded.
I got new ink jets loaded in cartridges, loaded into my printer.
I am waiting.
You and I will be checking and refreshing to check the docket to see when it lands and loads and all
That cannot wait
Lastly to last cleanup points before we we move on to our other segments the judge. There was some nutty
amicus
Drive-by person who wanted to help MAGA again and in Judge Cannon's courtroom should be like that sounds fun
Not not only will I grant the amicus brief and let you file it,
you can come to court and argue it.
We're like, what?
Here, Judge Cannon was like, I got this.
I don't need at this time.
Judge Shetkin.
What'd I say?
Judge Shetkin.
What'd I say?
You said Judge Cannon, it's okay.
That's right, that's right.
I don't know how I get them confused.
Shetkin said, no, I don't need that.
So amicus is gone.
And then my favorite part.
She also said, and it's highly unusual in a criminal case.
Like she, she, exactly.
It was like she was calling out cannon to be like, I'm not allowing this.
I don't need it.
And PS it's highly unusual in a criminal case.
And that's the second time Karen that she's done it.
When they on September 5th at the, at the hearing in front of her, when they said, judge,
judge, yes, you Trump lawyers, what would you like? Yes, we're going to be raising a motion
that was successful in the Southern District of Florida in front of Judge Cannon to dismiss the
that guy over there because he was illegitimately appointed under the Constitution and
improperly funded. And we think there's very good grounds for that. Okay. Judge Cannon is the first
judge in our entire federal jurisprudential history to ever find that a special counsel, special prosecutor is illegitimate.
And so she looked at them, and this is my artist rendering, and she said, Yeah, I don't think that that analysis was very convincing. You want to bring your motion? Bring your motion. but you know my view in advance dead on arrival for good reason it's up on the 11th circuit now and it's gonna
be brief sometime through September October based on an extension Donald
Trump a Donald Trump did so we're gonna talk about that I miss anything in that
segment I mean there's so much more we could talk about it's you know I think
that's why we talk offline we go go to the bar, I have a couple
of belts and we talk offline about this stuff. So we're
going to talk about lots of other things coming up in the
segment, we're going to talk about what's going on,
particularly in in cannons courtrooms, we love talking
about Judge Cannon, we're gonna talk about Judge Cannon, the
would be assassin, we got to talk about what else we're
talking about today.
Ohio.
Oh, Ohio, we got new charges sworn out against against
Donald Trump. I got even salty can't keep up with me. So Alex
Jones, Alex Jones gonna have to sell info wars. I've told the
brothers they should buy the assets at bankruptcy in order
to put that out of business and put the money in the pocket of
Sandy Hook people. We'll talk about that offline. We got a lot to talk about.
And then we got the things that support the show. I know a lot of people are
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I'll be doing a crossover episode with Karen. We got Miss Trial with Karen, Donya Perry, Kathleen Rice, which is on every Thursday, which is another
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Let's pick up Karen
Speaking of a turn of events
You got this amazing split screen for me about two of the segments
We're gonna talk about in the second half of the show. You've got the same week that
Ryan Ruth Ralph is being arraigned in front of Judge Cannon as the would-be assassin for Donald Trump and his son.
She was the only judge in Florida?
No, we'll talk about that. No, there's 17 in the Southern District, 11 seniors, but
there's only three in the West Palm Beach area. And I think one, to answer your question,
there's three. There's Robin Rosenberg, there's Don Middlebrooks, and there's Aileen Cannon.
The rest of the judges are spread out among divisions from Fort Pierce down to Key West.
But I think Don Middlebrooks has gone sort of senior status and he's not taking as many
cases, which means it was 50-50 between Aileen Cannon or Robin Rosenberg. I know Robin Rosenberg.
She would have been great for it. But at the same time you've got Eileen Canada doing that. You've got on Tuesday the son of Ruth, Orrin Ruth, who gets
picked up on child pornography, running a child pornography ring in federal court
in the Middle District of North Carolina, of all things, same time. And at the same
time as that you've got new criminal charges sworn out by the proud Haitian community, yes, community in Springfield, Ohio against Donald Trump and
JD Vance because they won't stop leaning into their virulent, racist, defamatory attacks on
that proud community. And so I want to talk now about Ohio, its unique, I don't really know too many states that allow
this, a unique ability for private citizens to swear out an affidavit, the process by
which that becomes an ultimate criminal complaint or indictment by a prosecutor and what it
means.
Let me do one second of framing on the Haitian American community and then I'll turn it over
to you on the Ohio procedure.
Does that make sense, Karen?
Sure, I actually loved your hot take when you,
I watched it and I loved it because you really sort of,
you talked about the law and then you played the conduct,
you played the clips that proved the case.
So, you know, honestly, I think if you just kinda,
you know, walk everyone through it.
Yeah, well, cause it was so effective. I mean- I wanna give people also, I appreciate if you just kind of, you know, yeah, well, because it was so effective.
I mean, I want to, I want to give people also, I appreciate that very much.
I want to give people the right talking points though here to take away the read from this
clip.
So we've skipped, we always skip a step, not us, but like the media always skips a step
about how did the Ohio, how did Ohio, Springfield, Ohio get the Haitian community
there? How did that happen? Well, I'll tell you how it didn't happen. There's no border
between Ohio and Haiti. There's no border between Haiti and anything. They're an island.
So how did that happen? Right, right. How did that happen? Exactly. How did that happen?
Well, it happened for a very good reason. And Springfield, Ohio, proudly put out their welcome mat.
And the business and legal community that's well established and proud in Miami, that I'm proud to call friends,
including the U.S. Attorney for the Southern District of Florida, who came to this country when he was 16,
whose mother worked in kitchens as a dishwasher, who became a naturalized citizen in 1995,
who worked in major law.
He's not a DEI hire.
He worked in major law firms and became a partner in those major national law firms
and clerked for the Florida Supreme Court.
That is what are a dignified and humane immigration policy that focuses on beleaguered, downtrodden
people like the Haitians that come out of that country.
When they come to America, there is a proud legal and business community,
and they ran an underground railroad effectively to take Haitians that wanted to work and yearn
to breathe free and connect them with jobs that were in Ohio. Springfield, Ohio lost 15,000
workers. I don't know why. I really don't know that town that well after covid and they had factories that were sitting idle and they needed workers. So the
the business community legal community in Miami connected people in Haiti that needed jobs and
brought them to Springfield, Ohio to work for the economy for you and me. I don't see the problem
except that Donald Trump and JD Vance decided to make them a
meme, to make them a talking point, and to attack and to use that as an example of border
control policies overrun with Haitians that are eating cats and dogs.
So finally the Haitian community had enough.
And they said, we're here proudly.
We're here under a proper immigration status,
temporary protective status, TPS, which is used by every administration, including the Trump
administration, to keep people here where if they go home, it's a type of asylum, they will be killed
because the country's overrun with warlords and has hurricane issues and it has resource problems
and disease. and so you
stay here we'll sort out your immigration status while you stay and
work here. What are they doing? Are they sitting in the streets just sitting
around waiting for their immigration status to get resolved? No they're working
on their TPS in the factories of Ohio. This should have been a beautiful story
but everything Donald Trump touches like like reverse might as touch, turns to crap, right?
And turns to a talking point as he tries to mean his way into the White House.
All right, Karen, you want to pick up how did the Haitian community, and I mean that
in all the good sense, how did they respond in Ohio?
And what is this thing, this new criminal complaint that's been sworn out against Donald Trump and JD Bates?
Yeah, so look, the individuals, these hardworking people
who you just so eloquently described, how they got there
and frankly how they are beloved by the other residents
and people who live in Aurora and Springfield, Ohio.
And they are getting harassed now because Donald Trump and being attacked and
death threats and all kinds of things. And they're afraid to leave their homes because Donald Trump
and JD Vance are spreading these lies about them that have been debunked so many times.
But they keep saying them and they won't apologize for them and they won't take them back. But
essentially Ohio law allows private citizens to bring criminal charges through an affidavit, a sworn statement that under the penalty of
perjury you're literally swearing under oath that this is the case. And the statute is Ohio laws
2935.09 sub D. And it's basically you can file it with the court, and the court will determine whether or not
to refer it to the prosecutor.
And they can do it on the papers,
I think they can, or they have a hearing.
And the judge will determine whether or not
to send it to the prosecutor,
and the judge can issue an arrest warrant.
So essentially, the charges are that
they were disrupting public service, making false alarms, committing
telecommunications harassment, committing aggravated menacing, and all about this stuff
about eating pets and saying they'll be deported to Venezuela, which I don't really even understand
what that comes from. And, you know And it's just really offensive what has happened
to the individuals here,
but I love that Ohio recognizes the right
to swear out a complaint if you're a private citizen.
And the Haitian community is being abused, essentially.
There's bomb threats, et cetera.
And I think it's great that there's self-help there,
that they can bring this to court, to the municipal court.
And, you know, the judge will look at the allegations, will make sure that the complaint is well written and meets the law and that the facts support the law.
And then we'll decide to, you know, we'll send it to a prosecutor who will decide whether or not to prosecute the case.
But it's against Donald Trump
and Jay DeVante. So it's a great, I think, ability for citizens to engage in self-help. And, you know,
when I was a prosecutor, I remember there were so many people who would come forward and be very
frustrated that it's really up to the prosecutor. Prosecutors in most places have complete discretion
on whether or not to bring a case.
It's not like if someone commits a crime,
you have to bring it.
There's certain crimes on the books
that prosecutors don't ever bring.
Things like in New York, there was,
I don't even know if abortion or suicide
or any of those things are still on the books,
but things like that were on the books for a very long time
and prosecutors didn't do that.
Other things too.
There were cases like marijuana cases,
if it was still illegal.
We didn't prosecute those, et cetera.
And there are cases that are more serious than that, not
just charges, but more serious than that,
where prosecutors will say, look,
I don't think we have enough evidence,
or for whatever reason, we're not
going to bring that case.
And sometimes people can be a little bit frustrated by that.
And what they did was, in Ohio, they
allow private citizens to do it.
So it'll be interesting to see where this goes
and what happens and whether or not
there will be an arrest warrant out for Donald Trump and JD
Vance. Another out for Donald Trump and JD Vance.
Another first for Donald Trump.
First time twice impeached, first time criminally convicted after being president, and first
time a presidential candidate has had an arrest warrant sworn out against him during the campaign
in the last 40 days.
Great job, Donald.
You're setting all the firsts.
And you know, I love Stephen Chung, the, the spokesperson, is he a real
person or is he a, is he AI?
So, uh, seriously, I think he's like AI.
I I've never seen him in person.
Is anybody.
So he always comes out as a spokesperson for Donald Trump.
And he says things like, I love this one.
Um, Donald Trump has the right law with JD Vance draw attention to, uh, uh,
Kamala Harris has failed border policy, border
policy 80 in Ohio, get a map, I got time. Tell me how that's a border issue. That is
supposed again, I'm gonna leave it on this. That is supposed to be an example of the immigration
policies working well for America, and a dignified immigration policy policy so that we get more people like the Southern
District of Florida's U.S. attorney who came here as a 16-year-old Haitian, poor Haitian,
and ended up the U.S. attorney nominated by Joe Biden and confirmed by the Senate.
And more of that and less of people saying five or 10 years from now when they look at
somebody's resume and they see Ohio
and that they're Haitian, did you ever eat a dog or a cat?
I mean, come on, it's just, they'll say anything
to try to get elected.
Again, I think this is them quietly quitting.
I think that they're making the closing argument
of I don't wanna be president.
I think that's what we've been watching
for the last 30 days.
Well, if you wanna watch what a professional campaign
without misstep looks like, go look at Kamala Harris and Tim Walz. Have they made a false
step since she got the nomination two months ago? I mean, it's been almost a perfect and
flawless campaign. Hopefully one where we don't take it for granted and she gets the
extra votes she needs in Pennsylvania and North Carolina, and Georgia, and she wins the election. So let's continue, we're on a roll Karen, let's continue and talk about Alex Jones.
You want to lead off because you always have a certain way, especially when we're
talking about children and the massacre at Sandy Hook Elementary School and what
Alex Jones did about it as a 9-11 denier, a Boston massacre denier, and in the most depraved sense,
a Sandy Hook Elementary School massacre denier. And what's happened since with the bankruptcy
court judge and the $1.5 billion judgment? Yeah, so look, Alex Jones, the Infowars guy who,
you know, is essentially, uh, says lots and lots and lots of lies and offensive things on info wars.
After Sandy Hook, the Sandy Hook massacre, which was so horrendous, where I think it
was one teacher, one police officer and eight children were killed.
It was so beyond horrifying that.
No, it's worse.
It's 21 children and six educators.
Oh, God. I didn't mean to interrupt you, but- No, it's worse. It's 21 children and six educators. Oh, God.
You know, I didn't mean to interrupt you, but I'm glad you did.
I'm glad you didn't want to undersell what happened.
Yeah, yeah, yeah.
No, I'm glad you did.
I won first graders.
You know what?
Unfortunately, I'm thinking of a different school mass curator,
which, you know, I'm embarrassed that, you know, in our country that that I would
mix that up. But, you know, in fact, I actually had one of the moms who, if you remember, on Legal
AF and interviewed her, who lost a child in Sandy Hook.
And, you know, just the agony that these parents went through having lost these children and,
you know, having this horrendous massacre happen
is just unthinkable and unspeakable.
And the pain that she felt
was really incredibly palpable.
And she's one of the moms who confronted Alex Jones
in this case, if you remember.
And so that's why I thought it was really interesting
That she came on the show and talked about what it was like to confront him because on his show
He denied that the Sandy Hook massacre occurred. He said that they were
actors that that everybody was fake that the kids didn't die and she was and and they sued him for defamation and
She was one of the moms who was able to confront him
during the trial. It was a damages case because he was held in the judge. He essentially refused to
comply, refused to provide documents that he had to and discoveries. It was held in contempt
multiple times. The judge finally, as a sanction, ordered him, you know, it just basically found that he was liable as a sanction,
which, you know, so interesting in civil cases
when you hear that judges can do that,
you know, it's very different than criminal, obviously.
There is no sanction of finding someone guilty.
You have to still prove your case beyond a reasonable doubt.
But so it was just a damages case.
It went to the jury and to prove damages
and they ordered, I think it was like one over
a billion dollars, like $1.5 billion.
Anyway, so Alex Jones immediately files for bankruptcy so that he doesn't have to pay
these victims.
And in fact, he actually, after it was ordered, went on his show and said, they're never going
to get a dime.
I mean, he's just the worst of the worst, frankly.
And these families want this money from him to punish him.
This is a way to get justice for them.
I mean, obviously nothing will replace
the loss of their children.
But he shouldn't get away with benefiting from all of this.
So he filed bankruptcy.
And I have a question for you
because the judge has ordered the
bankruptcy judge to auction off all the businesses, the assets,
the social media accounts, copyrighted materials,
trademarks, all that stuff, it'll all be liquidated, the
studio equipment, etc. But my question is this, if what what is
the value of info wars, if he just says, well, I'm not gonna I'm
not gonna do it anymore. Why would anyone pay money for it? Like, why would his why would anyone
pay anything for it? What can't he just quit and say, you know, because without him, what is it
worth? Yeah. So how does that how does that work? Because I could see him saying, I'm not going to
work for these families. No, no, he's not going to work for them.
There's really three things up for grabs with Alex Jones.
He filed two bankruptcies, one on personal bankruptcy and one related to Infowars, which
is also known as-
Free speech or something.
Yeah, I was going to say, as another Orwellian term.
Orwellian term, free speech systems is really the name of it, AKA or DBA, Infowars. So let's all back into it.
He's got $9 million in cash as part of his bankruptcy that's going to get liquidated
and going to get a lot of that. It's going to give it over to the families of Sandy Hook,
who hold the $1.5 billion judgment. He's got another in the business side, he's got another
million and a half of vitamin supplements that he was hawking.
Also, that will somehow be liquidated by a trustee and the proceeds given over after
it goes through this waterfall of professionals that get paid, unfortunately.
I mean, I say unfortunately because I'm a professional in this world sometimes.
They get paid.
They don't work for free.
Sometimes they do, but they're not working for free here.
And so the money, then the net proceeds go to the families. The last thing is
is hardware and
of the info wars
Channel podcast and then the intellectual property the hardware is of course tangible microphones cameras lights
And all of that and somebody's gonna buy it because you know
lights and all of that and somebody's gonna buy it because you know they'll use it for their podcast or their equipment and I don't know we'll look at
the inventory list maybe we'll help the families of Sandy Hook maybe we need a
camera or a or a lighting a lighting stand or something and that that all
gets sold at an auction there's gonna be two auctions one in November one in
December and in the December auction I think it's the lighting equipment and
the cameras and somebody will buy it
and that money will come in at 100,000, 200,000, 300,000.
And then that'll go through the waterfall
and the money will go be allocated
in some sort of pro rata way
to the families holding the judgment.
Now you've got the thing you've asked about
which is the intellectual property.
You can always buy a brand.
Doesn't come with the person. You can buy many, many brands.
Things have gone out of business in the pro-democracy world,
where we've thought about maybe we should buy that.
The reason you want to buy that is so if you're
aligned with the politics,
alt-right MAGA of Alex Jones,
you buy it so that you can have it as a beacon to direct traffic to
your thing. So you reopen the website, you reopen Infowars, you use it as a
brand that you put on something else with somebody else, but you think there's
goodwill in that brand that's worth in your world, in your QAnon, let's be honest,
dark webby world, it has value, not to you and me.
So there's that group that's like,
ooh, we want Infowars, that's a great brand.
We'll use it, forget Alex Jones.
Although Alex Jones has gone on record as saying,
hey, buy all my intellectual property, I may work for you.
I mean, which is really a disgusting thing,
but there'll be a group that will consider that.
Or like, well, we don't want Alex Jones and his baggage, but we do like
the 2.3 million people that have gotten used to clicking Infowars badge. So that gets sold.
The other group of people are the people like I only half-joked, I'm not joking, about pro-democracy
groups buying it to mothball it and put it out of business forever. So we never have
to see Infowars ever again. And no one will ever be able to use it. mothball it and put it out of business forever. So we never have to see Infowars ever again.
And no one will ever be able to use it.
They'll own it and it'll just be buried in a vault somewhere,
never to be seen again.
It should be burned.
Burned to the ground.
Exactly.
I'd like that to happen.
You know, it's like when you buy that house for the massacre app and you just
level it, you know, like they did with Sandy Hook Elementary, now it's a
Memorial, same thing here, but intellectual property side. I don't know which way it's going to go.
For the families, I just want it to go to the highest bidder, to be honest with you,
because it'll put money in their pocket. If there's a bidding war among QAnon,
as perverse as that sounds, the winner is, I mean, they'll, they think they're winning, but it'll,
it'll put money in the pocket of people that suffered ultimately.
I guess it helps Alex Jones pay down to 1.5 billion. The last thing, the last piece is,
he should be working for life, thinking of working for Alex Jones, because his wages should be
garnished until he pays off the 1.5 billion dollars at some percentage. So if he in a weird perverse way, just like
the OJ, just like Nicole Brown Simpson's family wanted OJ Simpson to kind of do okay, as long
as he didn't hide his assets before he died, because they would get, they would get sort
part of that autograph signing and that memorabilia bullshit. And if he did a podcast, they sort
of want Alex Jones to keep working just like the creditors of Rudy Giuliani, the $148 million judgment against him by Ruby Moss and Shea Freeman.
They want him to succeed in a perverse way, continue to spill lies and spout lies and
make money on a podcast because they want a piece of it.
So it becomes a very strange ecosystem that gets developed around somebody that owes money,
especially when they make money in this QAnon MAGA world. Did I address this properly?
Yeah, no, you did. It's such a weird thing that I just, because, you know, he's so evil, to me,
I could just see him not working ever again, in order to not give them anything like out of spite, you know, it just, I don't know the
whole thing that anyone who can do what he did and absolutely just deny that that this happened,
you know, it's like adding insult to injury and pouring salt on it, you know, like, I just can't
imagine how painful and awful that is. And, you know, and it's not just him saying it,
people then all the QAnon crazies then would react
and go after the families, you know?
And like you're grieving the loss of your child
and you have to deal with this.
It's horrendous.
It's absolutely horrendous.
And, you know, the fact that he doesn't have to go to prison
for causing that kind of pain is just you know makes no sense. I think
And the problem is the shooter Adam Lanza
Didn't go to prison so you can't you can't bring him out to say what is he talking about?
I shot all those children because he killed himself. Yeah, there were no survivors of the massacre
Anybody that he touched or on the other end of the gun died
And he shot his mother for good measure.
Just a disgusting, horrible story made worse
if that is not possible by somebody like Alex Jones.
So speaking of people trying to get out
from under their judgments, that's a good segue.
I just want to touch on a sort of a viewing guide
and we'll be covering it on the Midas Touch Network
and on the Legal AF YouTube channel.
We've got an oral argument tomorrow on the trial, the Trump trial schedule at noon tomorrow
at the intermediary, the second, the first level appellate court in New York State Court
involving the New York attorney general successfully getting a $465 million, now $500 million with
interest judgment against Donald
Trump because he perpetuated with his family for years, for more than 10 years, a fraud,
a persistent fraud in New York and the operation of his business. Remember that one, everybody?
That happened right around the holidays last year. Judge Angoran presided and there was no jury
for many reasons, including Alina Haba didn't ask for a jury I don't think she was entitled to one but she could have asked
and it would have given her at least an appellate record and she didn't do that
and after listening to weeks six weeks of evidence and witness upon witness and
even Donald Trump testified did a closing argument sort of in his own case
the judge after finding Donald Trump in contempt for other reasons listened to
all the evidence listen saw the thousands of pages,
mountains of evidence.
And found him to be not credible.
Found him to be not credible.
And also after seeing mountains and mountains of evidence
in the courtroom, right?
And all the dozens of witnesses all against Donald Trump,
including people that work for him,
that ran the money flow in this fraud case,
ruled against Donald Trump, done.
That is a-
Including Michael Cohen. He found Michael Cohen to be credible and Donald Trump not to be.
Right. I find Michael Cohen to be credible, especially on these issues. I mean, who knows
where the bodies of money is buried in the Trump organization more than Michael Cohen
for that period of time. So that's what happened. So then it was briefing. It went over the summer
because the courts take the summer off, August off at least.
The oral argument is tomorrow at noon. I don't know quite who's going to be arguing it. It could
be Chris Keiss. We haven't heard from Chris Keiss in a long time. Could be, are they going to dust
off Alina Haba and like Westworld bring her out of the closet and push her up to the podium? I don't
know. My guess is it's Chris
Keist. I want to hear what you think. And they're going to be arguing. And I know there are some
people in New York that are a little bit nervous because, just as a reminder or new information
for our audience joining now, when Donald Trump was having trouble finding money to post his bond
in order to stop the $465 million judgment from being enforced against his assets. He had to post a bond. He said, I can't get four hundred sixty five
million dollars. I'm all tapped out. I got a hundred million that's posted over there
for each in Carol and the sex assault I did on her and the defamation impugnitive damages
case. And I can't get it. I can't get a sherry to give me that much money. So he went crying
to the same court, not the same judges, but the same court. And the judges said, all right, I mean, this is my artist rendering. All right,
your name is on every building. You got a monitor, a financial monitor, and a federal
judge who's been sitting on your assets and all your money flow for the last two years.
We know where you live. Put up 175 million. So people are like, oh no, they're gonna reduce the judgment
to 175 million.
That's not how I read that at all.
It's what I just said.
His assets are everywhere.
He's got a monitor.
If there wasn't a monitor in place
and there was a fear that he was gonna like
leave the country, I guess,
they would go like put up a bigger bond.
But even there's enough security
that if she wins,
the Letitia James, the attorney general,
and this is on appeal here
and then at the highest court in New York,
which will ultimately be the court of appeals.
If she wins, she knows how to collect the money.
She'll send the sheriff.
It's also because the people of the state of New York
and the attorney general who know what they're doing
are the plaintiff.
So they're not that worried
that a Letitia doesn't know how to go
send the sheriff down to put a padlock on Trump Tower. They do. So I think that all went to the
mix. There's some fear among friends of mine, including former judges, that they're a little
concerned about how Judge Angoran applied that statute, 63-12, the persistent fraud statute, and whether he followed perfectly
the prior rulings of the appellate court about how to determine which of the
fraud, which of the transactions are within the statute of limitations that
the case needed to be filed within, and which aren't, and how to value certain
things. I didn't really think that. I thought after I read the attorney general's,
the appellate court's original ruling,
I thought it was mapped on pretty well onto the judgment.
But we're gonna do, I think, a live feed tomorrow of it.
We'll certainly have the ability to talk about it,
maybe even on this trial.
That might be something else, Karen,
you might wanna put that on your list.
Because we're gonna have the oral argument.
I'd love to see who's gonna argue it.
What do you think's gonna happen tomorrow
and who do you think's gonna argue it? I mean, honestly'd love to see who's going to argue it. What do you think is going to happen tomorrow and who do you think is going to argue it?
I mean, honestly, I have no idea who's going to argue it. You guys did a really great on Unlegally AF Saturday, your comments about Alina Habba and her, I think you called it soft
porn. She's going through this phase of posing in these really-
Glamour shots.
Yeah. These just, I mean, she's supposed
to be a lawyer. So I don't know, she seems to be not in the lawyer world. She seems to
be more in the some other PR world. But who knows? And I don't think she I mean, I think
it's I think it's probably going to be Chris Keis that that makes much more sense. He was
he was more the grownup in the room than she was during this case. So I could see
that being the case. And look, it'll be very interesting because they could do multiple things.
They could reverse it. They could reduce the judgment. They could narrow the findings.
I mean, they could, you know,
there's lots of things they could do.
And so it'll be interesting to see how it goes, you know,
and to see what issues they think are significant
and which issues they don't.
I mean, look, Judge Nguyen is definitely
a colorful character.
I thought he did a really good job at giving Trump,
because it was not a jury trial,
he really allowed a lot of things to happen that normally,
if there was a jury there,
I don't think he would have allowed.
And he gave Donald Trump a pretty long rope
to do what he wanted to do.
So in that regard, I think there's a,
that's going to be very hard for them to, to reverse the case. Could they narrow it? Perhaps.
Yeah, I agree with you. I, I think to judge and Goran's credit, they kept Barbara Jones,
the retired federal judge in place as the financial monitor.
So she's been there all along.
And Donald Trump was jumping up and down,
back in his high chair, throwing his feces again
against the wall about anything that happens in that case.
They're not going to win on Judge Angaron
was biased against us.
Judge Angaron was improperly co-judging
the case with his law clerk.
The law clerk is out to get us because she
ran for office herself.
Or the BS raised again about judging Goran's wife,
which is untrue.
It's a Laura Loomer special, never happened,
that she was anti-Trump and posted photos of Trump
in orange jumpsuits and shackles.
All of that, none of that is true.
Their only main argument that is somewhat interesting
and relevant to their appeal is taking the judge, taking the order from the appellate court from
last year, which is the reason Ivanka Trump is no longer in the case. People remember she was
in the case, then the judges there said, her transactions happened before 2017, that's outside
the statute of limitations. See, the, Letitia James did a methodical job of getting her facts together before
she exercised her prosecutorial discretion to bring the case.
But by doing so and not getting what's called a tolling agreement to stop the clock with the other side,
she lost some of the transactions that got stale.
Because there is a statute of limitations in New York for fraud and it kind of fell off. Usually I've been involved on the other side,
so have you, Karen. You've been involved on the prosecutor's side where you go to the defense
lawyer and say, yeah, we're going to indict you tomorrow unless you agree to a total agreement.
And like give me another year. Like, okay, I'll give you another year. Now, sometimes you call
the bluff. You're like, no, no, no, we're not going to give you the total agreement. You want to indict?
Indict. She wasn't ready. She wasn't ready to bring the complaint and she knew she was going to lose
some, but not all. A small portion of her actual facts and it may be Luz Ivanka. So, that'll be
that. We're going to talk. We're going to know more tomorrow. I mean, we're right now, we're
spit balling a little bit about what in good faith we think is going to happen, which is what I think
people like for us to do on this show. And when we come back from one of our breaks, we're going to talk about Judge Cannon.
We'll end the show talking about we're back to Cannon. It's been Cannon all along.
And somehow fate has put us back in her courtroom. And we're going to talk about the differences
I'm sure we're going to see between how she treats this guy and how she treated
Donald Trump and the Department of Justice. There are many ways to support the show.
As a reminder, let me just, let me count the ways.
One, watch the show.
Audio versions of the show.
Also good.
Download those, listen to those, follow those.
Leave comments.
Give ratings.
Give reviews.
We look at the reviews.
Put the reviews up there.
We like those.
We have a, we have a merchandise store. Fly the flag of Legal put the reviews up there. We like those we have a we have a merchandise store
Fly the flag of legal AF at right there at store dot Midas touch comm you go right there
You'll find all the legal AF stuff with all the logos
I'm gonna work with Karen and Jordy on a refresh of that
Maybe some baseball caps some beanies some longsleevers, you know, we'll do some stuff in there
But that's my way to do it. Then we've got, we can't do a counter,
like they did on Legal AF on the Midas Touch Network.
And I got a bone to pick with those brothers
because they turned the odometer on 3 million
during our show.
And rather than give us credit for helping to drive
that odometer and contribute to it,
they ran their own show at the same time as ours.
Like, hey, we're about to hit three million.
I'm like, yeah, there you are, aren't you?
So here's an opportunity to celebrate.
Get us to 85,000 new subscribers total,
or even 100,000 on Legal AF MTN channel,
Legal AF MTN channel.
Go there now, it's a parallel companion channel along with
Midas touch but help us right now. You could be kicking yourself
You're like I didn't get to be in the first hundred thousand of Midas touch
Okay, be in the first hundred thousand of legal AF MTN
We'll appreciate it try that and you'll get all new content over there that you've come to love and enjoy and of course
We've got mistrial
Which is a new new hot podcast executive produced
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along with her friends and colleagues,
partners, Donya Perry and Kathleen Rice.
I had the distinct pleasure of having dinner
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And now as a result, I'm gonna be on the show tomorrow.
With them, I'm gonna be the fourth wheel.
I'm gonna be the, like the Marx brothers, I'm gonna be the fourth wheel. I'm gonna be the like the Marx brothers
I'm gonna be the Zepo for those that are old enough to know who the that that last brother was that nobody really paid attention to
That's gonna be me tomorrow on mistral and now we've got the thing that Jordy has spent
Considerable amount of his time on is putting together and curating our pro-democracy sponsors
And now we've got another way for you to support the show,
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Oink oink and welcome back to legal AF Biddy Week edition with
Karen Friedman, Aglifalo and Michael Popock.
It's been Canon all along, Karen.
We're back with less than 40 days or so to the election.
Back in Judge Canon's courtroom, as you went to paraphrase you earlier in the podcast,
is she the only judge in the Southern District of Florida?
Or to paraphrase salty, our producer during a text exchange,
is there a magnet on that random wheel?
Why does it keep landing on Cannon?
I'll do the Southern District of Florida thing
because I'm a Southern District of Florida lawyer.
And then you can do the what happened with Cannon thing
and contrast it to what happened
with Cannon was presiding over another infamous defendant
by the name of Donald Trump.
Okay, here's how random selection is supposed to work.
The Southern District of Florida,
unlike some other places,
smaller states, there's like one district court.
Bigger states have more than one district court.
Small states may have just literally won
the District of Connecticut.
Like this is like one? Or some other places.
But larger states like Florida have a Southern District,
a Northern District, a Middle District,
and a Southern District.
And within those districts, there may be divisions.
Depends on how big the district is.
As everybody knows from geography and from maybe driving,
Florida is a really long but narrow state, right?
It's very long and narrow.
So it's divided into, at the southern district, it starts at Fort Pierce, which is about an hour-ish
north of West Palm Beach and Palm Beach County, and it goes all the way down to Key West. But along
the way there are divisions. There's the West Palm Division, talk about that in a minute. There's
a satellite in Fort Pierce, which is staffed by one judge, her name happens to be Aileen Cannon.
There's three total judges in the West Palm Beach Division, Cannon, Rosenberg, and Middlebrooks.
Then you go down the 95 and you get to Fort Lauderdale, where there's four, actually I think there's now five in Fort Lauderdale, five judges
and the rest of the 17 or nine of active judges non-senior status are in Miami.
And I think there's one in Key West or one in Miami does Key West, one of the two. And so when
you file your civil cover sheet or criminal cover sheet, which is the way you start your indictment or your
civil case. In federal court, they handle both. You go to, in good faith, the jurisdiction that
is closest to the event or maybe the defendant or the plaintiff, depending upon the case.
This case, a criminal case where the crime happened. The crime for the would-be assassin
was Palm Beach County, where the golf course was.
So you go to the West Palm Beach Division clerk's office or you do it online and you check the box for West Palm Beach.
You then have a random wheel of three.
This is not a related case. It's not why Cannon got it.
Sometimes if it's a related case, you check the box for a related case because Trump happens to be in the courtroom.
That's not why. It was supposed to be random. But I think one of the three
judges, Don Middlebrooks, is not taking a full docket. He's kind of pushing the age
of retirement or senior status and I think he's not, yeah, I think he's not
doing it. Or maybe he recused himself, to be honest with you. You know, he had his
own case with Donald Trump and he may have recused himself. But if, whether he
took less cases or he recused himself,
the bulk of the cases now in West Palm Beach
or Fort Pierce go to one of two judges, Cannon or Rosenberg.
Sure, we would have liked for it to land
on Robin Rosenberg's number, but frankly,
it's making for a much more interesting hot take
and a podcast than it landed on Cannon's number.
All right, it's with Cannon.
Take it from there, Karen.
Well, I mean, he was arrested and charged.
He was indicted.
There's a five count indictment.
He was indicted for an attempted assassination
of a major presidential candidate,
for possession of a firearm
and furtherance of the crime of violence,
for assaulting a federal officer, a Secret Service agent, while intending to commit another felony,
and a felon in possession of a firearm, and then fifth, a firearm with an obliterated serial number.
So those were the charges.
And, you know, the allegations are that he was camped outside of the golf course
for hours and hours and hours with a rifle that he pointed
through a chain link fence and stalked the president for more than a month. They even
looked at his phone records and triangulated cell phone data and placed him at the golf course
and at Mar-a-Lago for many, many days, including the day he was arrested. So it was a little bit
the day he was arrested. So it was a little bit scary that somebody could do that
and go undetected, especially because of all the security
around Trump and the prior attempted assassination.
And interestingly, Donald Trump's first reaction
was to have this case, he doesn't want the DOJ handling it.
He was like, give it to the state of Florida. He's so anti-DOJ, he's so anti-federal prosecutor in
Merrick Garland that he literally said, give it to the state of Florida. They should handle this
case. It should not be with the Department of Justice. I mean, it's just out, the level of just disrespect
and disregard and contemptuousness that he has
towards our institutions, including our federal prosecutors
who, you know, and our Department of Justice
is just utterly outrageous.
So that's what he wanted.
But Merrick Garland really responded appropriately,
made some very strong statements,
essentially, you know, condemning the conduct to saying how serious it is, and that they will
certainly seek the cooperation of the state officials, but that the Department of Justice
is handling this case. And so it gets assigned, as you said, to Judge Cannon. And, you know, Mr. Ralph got arraigned and, um, now he's facing life in, in prison.
I don't think he's ever getting out.
No.
And I, and I learned something new that I didn't know.
I didn't realize he was a former felon.
And so he got charged with, you know, having a gun as a felon, you know,
filing off the serial number off a gun.
You know, they found the note when they were the note when they were also looking for the child
pornography on the Galaxy tablet by the sun, they also found the note where he said, yeah, I wanted
to kill Donald Trump and all of that. And let me just make this clear, just so we can stop with the
conspiracy theories. There is no one on this side of the aisle that wants to live in a world where any political candidate or leader
is subject to having his head blown off. I mean, I lived through, I mean, I was a student and
learned about, of course, Martin Luther King and Medgar Evers and RFK and JFK, but I was a young adult. And so were you Karen during the Pope getting winged,
Ronald Reagan, the same thing, Ford twice.
I mean, it happened so regularly
that I just thought that was normal, like for that to happen.
And then we had this long stretch where it didn't happen.
And we liked that.
We want to win at the ballot box, right?
Not the bullet box.
And nobody on this side of the aisle
believes that anything that's on display
is more than a mental health problem.
That's why the Harris and the Biden
and the Harris administration continued
by Kamala Harris is so important
because they put so many resources
into reducing gun violence
and to reducing the murder rate by extension
because 80% of murders are committed with a gun,
by setting up a White House office devoted to gun violence
and investing money, putting their money,
our money where their mouth is and their policies are,
to invest in mental health treatment
for young adults and others, those more likely.
This guy was sort of a little bit atypical
for a serial killer or or assassin, but not by
much.
But because of that investment and that focus, we just got the FBI report, the official report,
the one that Donald Trump claimed didn't exist or had been fudged, in which all crime is
down year over year from last year because of the Biden Harris policies
and violent crime is down by double digits
and murder rate is down by 11%.
And in major cities, all the major cities
and all cities with populations more than a million
all included in the analysis.
And there's a cause and effect, there's a reason for it.
It's because of the executive laws, the policies,
the new cabinet level position,
Kamala Harris's approach and focus on it.
And now you see it's showing up, fortunately, in our daily lives.
While Donald Trump is running around saying, with posts saying,
see, the cost of salmon is up 47 cents.
Yeah, but the murder rate's down 12.
You saw that JD Vance was at a grocery store talking about the
cost of eggs gone up and saying it was like $10 or whatever it
was. But meanwhile, there's a sign behind him that said 299
for the eggs. I mean, it was like ridiculous, you know,
on that note, Donald Trump ran in his own social media, where
he said eggs were 499. Yes, there are I've been to Whole
Foods. There are 499 eggs, I've been to Whole Foods. There are $4.99 eggs. I just
don't buy them. There are other ones right next door that are back where they need to
be. Well, how about Donald Trump? How about the performative art piece of Donald Trump
digging out a $100 bill and handing it to that lady who even laughed out loud about
it and handed it to her in the grocery store? So here you go. Here's a little help. It'll get better when I'm in the White House.
What about all the other people in line?
A hundred bucks?
This is like those pictures.
I don't know if we can solve it,
we can find it in time.
He's probably ready to kill me.
Where he took rolls of toilet paper
at the hurricane in Puerto Rico
and threw it at people.
Remember the rolls of-
I think it was toilet paper or paper towels?
I can't remember what it was.
Paper towels or toilet paper. Yeah. He's throwing it. Here you go.
Here's how I help. You know, let me get back into my black
limo. I mean, it's just the you know, to paraphrase the great
JD Vance, the philosopher, he's an out of touch billionaire,
that people should not follow for their daily pocketbook
decisions in life. And yet here we are.
And here we are.
And the one thing I wanna say about you,
there you go.
Look at Salty.
Paper towels, yeah, look at Salty.
There's gonna be something in your stocking at Christmas.
You know, just to go, you know, it's interesting
because people sometimes will say,
oh, you know, numbers are fudged
and, you know, statistics are fudged.
The one thing you can't fudge is a murder rate.
And that's because there's a body. Like, you know, sexual assault are fudged and statistics are fudged. The one thing you can't fudge is a murder rate.
And that's because there's a body. Sexual assault has to do with reporting, right? And
that sometimes it's hard to know, like, are they up or are they down? But when it comes
to murder rates, it is absolutely indicative of the health of a community and the health of society and
the health of just all the policies because there's no one thing that is responsible for
violence and for murder rates, right?
It has to do, if people are getting the mental health treatment they need and living a good
life and not addicted to drugs and can afford to live in a nice house and all of that.
They tend not to do things like commit violent crimes, right? And so, it's not just policing.
And sometimes people think, oh, it's just because it's a good police force and a good prosecutor.
And I was a prosecutor for a long time, and I'd love to be able to take credit for that. But it's
not. It's really how healthy is the economy? How healthy is the
community? And so with violent crime going down, and like I said, it's hard to fudge those numbers
because those numbers, when you have a dead body and it's a murder, it's a murder. That's a pretty
good number that you can gauge. You can sort of gauge and tell if crime is up or down. And the FBI
does collect that. And so I just wanted to put a fight,
because sometimes people say,
oh, I've created all these jobs,
or I have all this money,
like all the statistics that politicians kind of bend
and use to their advantage,
and they kind of leave out some and add others,
and they really fudge numbers.
Violent crime and murder, especially murder rates,
that you can't fudge.
So I just think I wanna just underscore what you said,
Popak, about what that says about Biden and Harris
and what they've done for the various communities
and supporting various communities around this country.
And the fact that those numbers are down
is a huge, huge indicator, I think,
of the health of this country.
Yeah, you're right. It's not, it's not, it's beyond the margin of error of the error rate
for the statistics to go down 12, 11, 12% year over year. Yeah, that is a reflection of policy.
And that's what this election is all about. Lots of things are on the ballot for this election.
this election is all about. Lots of things are on the ballot for this election. Besides just Vice President Harris and Trump, our Constitutional Republic, our rule of law, women's rights to be
restored to first class citizenship in this country, reproductive rights, the Supreme Court,
they're all on the ballot. They're all on the ballot. And we appreciate you being with us here
for another, as part of your journey, being part of our journey, right here on the Midas Touch Network and on Legal AF.
We've had a great group of sponsors. We've had some amazing, I get to chat with one of
my favorite people at least once a week, usually more than that. And I'm going to be on crossover
episode alert. Do we have a graphic for that? Crossover episode alert. Do we have a graphic for that crossover episode alert should have a sound effect for that salty salty
Is working over
You with the sound effects tomorrow night. I'll be joining the mistrial anchors on
Mistrial and and I'll however way they'll have me on whatever segment. They'll have me will certainly do that and and I think we're getting close
85,000 subscribers
To the new legal AF MTN channel legal AF MTN. There you go. Go get us be the
85,000 person to join be the hundred thousand person
You know what since we talked since you said it earlier, it was 77.7.
Yeah.
Now it's 78.4 thousand subscribers.
We went up by a thousand since we started the show.
This group, this group I know can do it.
It's in collaboration with MTN, obviously, and help us with that pro-democracy
journey over there on Legal AF MTN. Other than that, Karen, you got a last word?
Just hit the subscribe button to the Legal AF YouTube
channel, we got to get that number up.
And get Mistrial, watch Mistrial, tell your friends
about Mistrial crossover episode tomorrow.
So until our next Legal AF, next Wednesday and Saturday,
you might see Karen, well, one last thing here.
Another, get that bell ready.
We might have Karen on with us on Saturday
because Ben had and his wife Sochi had the baby.
Yeah.
The Midas maternity ward is working overtime.
Jordy had his son.
I had my daughter.
And now Ben and Sochi had their daughter.
Healthy, happy daughter.
We'll see.
I mean, you know, we'll see if he comes on the network
on Saturday, we'll see.
But if he doesn't, you'll see Karen Freeman-Cnipla
hopefully with me on Saturday.
So until our next Legal AF Signing off,
shout out to the Legal AFers and the Minus Mighty.