Legal AF by MeidasTouch - Trump Instantly PLUNGES INTO CHAOS after Judge’s Order
Episode Date: November 17, 2023A lower level NY appellate justice has temporarily stayed on an interim basis until the end of November, Judge Engoron’s two gag orders against Donald Trump and his attorneys to continue to attack ...his principal law clerk, and others. Michael Popok of Legal AF explains what happened at today’s emergency hearing, what it could mean when the full appeals court considers the issue, and what Trump and his proxies did as soon as the gag was lifted. Cancel unwanted subscriptions – and manage your expenses the easy way – by going to https://RocketMoney.com/legalaf Visit https://meidastouch.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices
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So Michael Popok, legal a F one justice of the New York Appellate Division first department
in a media area pellet court issued a stay blocking the gag order.
Two of them against Donald Trump that have been imposed by the trial judge judge and Goron in the New York attorney general civil
fraud case to stop Donald Trump from violently attacking and referencing and bashing
judge and Goron staff. And in particular, the principal law clerk, which has gathered a lot of gained a lot of, uh, gained a lot of the iron and focus of right wing extremists who
continue to attack her mercilessly because she happens to be a Democrat and once ran to
be a judge.
Let me bring it full circle.
What happened and what happened procedurally and what happens next when a party wants to
a peel an issue, they have to go to the first level of appeal in New York.
And that for the Manhattan court houses
is the first department of pellet division.
I'm a member of the first department of pellet division
down on Madison Avenue.
And if you file there, you may request a stay
of a pending order.
And that's exactly what Donald Trump did earlier today.
That led to an emergency hearing. interesting assignment. It went to associate justice, David Friedman.
Why is that interesting? Because that's the very same judge back in September, who also
stayed temporarily for about 10 days, the trial or the beginning of the trial of the civil front case itself.
Now, in that case, he did the same thing he did here.
He administratively, temporarily interim basis stayed the trial here, the order on the
gag order.
And then he allowed the full panel, what we call the merits panel, to get full briefing, have oral argument
and make their decision on a full record.
He's an administrative capacity today, as he was back in September.
He makes a thumbs up or thumbs down only on an administrative interim level based on
the limited amount of argument or evidence that's presented.
He are very limited briefing and an oral argument the last an hour.
Sometimes he's right. Sometimes he's wrong.
He got assigned to this matter again today and held a one hour oral argument.
The last time he granted the stay for Donald Trump and everybody jumped up and down and Trump
slammed the ends and we won.
We got to stay of the trial. It was no such thing.
It went to the full panel within two weeks on full briefing. Friedman was a member of
the full panel. And by the time the panel got all the evidence, they said, no, there's
nothing to see here. We're going to let the trial go forward. And his Friedman's prior
decision, staying the case, holding the ring in the case, right, was vacated. Same thing could happen here.
I know the press is all excited because of the combination of the administrative stay
was granted temporarily blocking the gag orders.
There's two of them, one against Donald Trump and one against his lawyers from bashing
the principal law clerk for for judge Angkor on and staff in general and using violent rhetoric
and all of that.
Those two orders are now put on ice until full briefing, subject to a full discussion
or a argument and decision by the full five person appellate division panel that will
be assigned to this matter.
Freedmen may be on that panel, but he may be outvoted ultimately in terms of
the ultimate decision. So a lot of people are saying, well, there was a, it was a terrible
day in the hearing in front of Judge Friedman, because he was very skeptical of the New York
Attorney General position. And it was very skeptical about why this gag order was imposed,
doesn't it violate constitutional rights of the defendant,
especially in a civil matter and almost blamed.
This is the reporting for people that were in the room on Madison Avenue, the ceremonial
courtroom for the first department.
It seems to be blaming the principal law clerk because she posted a photo on her social
media of her attending a Democratic fundraiser and running into Chuck Schumer and basically said,
well, you know, she put her out there.
Once she put her out there, then, you know,
she can't be surprised or shocked
when it's then gone viral in one way.
But that's not what's happening.
Because we've already seen now that the gag has been lifted
even temporarily for the next couple of weeks
until the end of November, beginning of December, we see what Donald Trump's doing. He's already bashing the principal law clerk and the judge
once again. I'm going to show you at least two examples of it that's happened just in the last
few hours since the gag was lifted. For example, on the principal gag order, I mean, on the lifting
of the gag order, we already have the following posting by Donald Trump. We'll put it up on the principal gag order. I mean, on the lifting of the gag order, we already have the following posting by Donald
Trump.
We'll put it up on the screen.
I'll read from it.
And then I'll show you what, what another one of his lackeys posted on his social media,
calling Alison Greenfield the, the law clerk, a operative and political hacked for the, for the Democrats.
This is what Trump said just after the lifting of the stay. Again, remember temporarily,
administratively on an interim basis until there's full briefing. Judge Arthur and Goron has
just been overturned, stayed by the New York State Appell palat division appeals court for the fourth time on the same case.
Let me break that down. It wasn't that there wasn't that the judge was overturned. His order was
temporarily stayed until there's a full briefing. That's a horse of a different color than what's
being written here by Donald Trump. But for the uninitiated and those don't, let's say, don't
follow legal AF. That sounded exciting and interesting by Donald Trump, but it's also a lie. He says, for the fourth time on the same case, I don't
know what he's talking about. One time, the same judge, this judge Friedman, stayed temporarily
for 10 days, the trial before it even started. It eventually got vacated, meaning that
order got thrown aside by the full of pallet panel and the trial
went forward.
If anybody who's been on the losing end of the appellate division, so far, it's been
Donald Trump.
He's tried every which way between his daughter and him to stop and stay the trial and they
keep rejecting it and telling him to move on.
Even to the point where Donald Trump had to, how to, um, uh, uh, uh, uh, uh, uh, uh, uh,
lawsuit, he brought against the trial judge to sue the trial judge in order to do certain
things.
So the only one that's got egg on their face administratively in this case so far,
substantively has been Donald Trump, not the New York attorney general.
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Let's go on with the social media post.
His ridiculous and unconstitutional gag order
not allowing me to defend myself against him. And is politically biased and out of control,
Trump hating clerk, who is syncing him and his court to new levels of low, is a disgrace.
There is a direct frontal attack, frontal assault on the law clerk, which is exactly
what the gag order was meant to stop. They are defending the worst and least respected attorney
general of the United States, Latisha James, who is a worldwide disgrace as is her illegal
witch hunt against me. And then he goes on and on about the case. But that's not all. We also have in the case of one of the
lead advisors, Jason Miller, reared his ugly head just minutes ago when he posted on his
social media, there's no way President Trump, it's former President Trump, can receive
a fair trial when Democrats are sending partisan
attack dogs to do their dirty work.
How is this justice?
How is this a fundamental understanding of how the New York court system works?
Attorney Alison Greenfield, Democrat, operative and hack and then doxter by putting her
website where she ran for a judge listed there.
A couple of things wrong with Jason Miller's attack.
The New York court system, like many court systems, has elected judges.
A lot of states have elected judges.
And in New York, if you're going to run for a judge, you better be a Democrat.
In other states like Alabama, Mississippi, wherever Jason Miller's from, you better be
read if you're going to run for it to be a Democrat, or your governor better be of your
same party.
Nothing unusual there.
Doesn't make them a hack or overly partisan.
And you know, that's how that's how the court system works.
Same thing with the attorney general in every state.
It's an elected position.
And it was an elected position here in New York and Latisha James won that position. Yeah, she ran for governor, but that's
okay. She's a very good attorney general and she's done a lot of good for the state. Now, David
Friedman, let's focus on him for the remainder of the hot tech, the associate justice. He held
a one hour hearing and again, he kept pushing back on the attorney general, questioning why the gag order needed to be in place at
all. He also asked, was the, was the law clerk directly attacked by Donald Trump? And when
he got the answer as no, he seemed like, hmm, satisfied. You know, unless there's a direct
attack on the law clerk, well, I don't know what you call these. These are a direct attacks on the law clerk by Donald
Trump and his proxies in violation of the gag order. There's a, the order that just to
show you how ephemeral and temporary the order in the stay is and how interim it is.
It's literally two handwritten lines on a form order.
We use those in New York, like these triplicate orders in pink, yellow and blue, where the
judge takes a pen and just writes out.
And in this major issue, if you will, this is what associate justice Friedman wrote, give
it in hand by hand.
And we'll show it up on the screen.
Given the constitutional and statutory rights at issue and interim stay is granted, then
he said at the bottom and his handwriting, the briefing schedule, he wants the opposition
paper because there was no opposition paper. This
was all done on their feet in oral argument. The opposition paper, finally, for the attorney general,
is going to be on the 22nd of November. Then there's a reply brief by Trump on the 27th of November,
which is the exact same day the motion is going to be heard. going to be heard or is at least what we call
returnable to the appellate division. So we'll likely get an oral argument at the end of November
or at the beginning of December. The problem with the timing here is that the trial may well be
over by the time this issue is adjudicated by the appellate division at the rate they're
going with the defense and the New York Attorney General having rested their case with 25
witnesses already, already ticked off in the record book and then maybe a rebuttal case
by the New York Attorney General when the defense rests.
This could be a mid-December before Christmas event for the entire
evidence to be concluded in the both sides to have rested. This appeal issue on the stay of the
gag order may not be litigated by that. And the first department may try to kind of stay out of it by just letting the order land
sometime after the trial.
That's one way they rule by not ruling or they might think, no, it's important on the
gag order and the gag orders that are being considered all over the country against Donald
Trump because of course, there's already a gag order being considered at the appellate
level in the DC federal election interference
case in front of Judge Chuck.
Judge Chuck had her gag order stayed administratively interim temporarily by the federal DC court of
appeals.
And it sits there right now until an oral argument on the 20th of November
involving the limited gag order by Judge Chutkin.
In that case, the stop of violent rhetoric from being used against the prosecutor, witnesses,
staff, FBI agents, and the like.
So you've got two sort of competing gag orders now up on appeal, both having been stayed by, by a respective
judge. One was stayed by the full panel in the DC court of appeals, actually by one of
the judges there. And same thing here, associate justice Friedman. But I think it's interesting.
And that's why I wanted to bring up when everyone's saying, Oh, crap, there's a, there's
a stay. That doesn't vote well for the appeal. Normally, I wouldn't agree with
that except we've got some reporting about people who are in the
room during today's one hour oral argument. And they, and the
New York Attorney General was met with a very, very skeptical
John Distide justice Friedman, but he's just one of five. He
may not even be the one to write the decision I doubt he will
be. So, you know, the attorney general just has to count to three
to get her order done.
And now, the New York attorney general's office
has the benefit of hearing from at least one of the five
potential justices that will hear the case
about things that are troubling them
and can focus and target their written work product.
It'll probably be a 20 or 30 page brief
on those particular points. We'll continue to follow it right here on the Midas Touch Network on legal AF on the hot
takes like this one on YouTube during our legal AF podcast.
So if you like these kind of hot takes, join us for our curated podcast at the intersection
of law politics and justice called Legal AF.
Until my next hot take.
Until my next Legal AF.
This is Michael Pope, reporting.
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