Legal AF by MeidasTouch - Trump LAUGHED OUT of NY’s HIGHEST Court… AGAIN!

Episode Date: September 13, 2024

Trump HAS LOST AGAIN AT NEW YORK’s HIGHEST COURT to remove Judge Merchan’s gag order before Trump’s sentencing on 11/26 for the 34 felony convictions, and while he campaigns. Michael Popok who regularly appears in New York courts and appeals, breaks down ALL the Trump loses on this issue, and explains how the sentencing Judge Merchan can use Trump’s conduct going after witnesses and his daughter against him at the time of sentencing too. Get this exclusive offer when you use promo code LEGALAF at https://MagicSpoon.com/LEGALAF Visit https://meidastouch.com for more! Join the Legal AF Patreon: https://Patreon.com/LegalAF Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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at Sunnybrook.ca. Special. Michael Popak, Legal AF. Another day, another loss for Donald Trump in the New York appellate courts. This time, the highest court in New York, the Court of Appeals has denied in a one line order, a suespante on their own initiative order dismissed a yet another appeal of Donald Trump of Judge Juan Marchand, the New York State Supreme Court Judge presiding over the 34 count felony conviction. His gag order, modified gag order against Donald Trump still remains standing. Donald Trump was convicted of 34 felony counts. His sentencing will be before Thanksgiving, about two days before Thanksgiving. And what do

you have now? You have Donald Trump having lost already twice at the lower appellate court level and even with this Court of Appeals in the last several months going back to the well once again, asking again to have two desserts after his meal. And the appellate court, the Court of Appeals, looking at it and going there is no substantial constitutional question that the modified gag order is valid and therefore your appeal is denied. Good day sir, there is the door. They did this already back in June on almost the exact same grounds. No substantial constitutional ground. What could be the constitutional ground? What Donald Trump and his lawyers, led by Todd Blanch, are jumping up and

down about is they claim that Donald Trump's core constitutional First Amendment presidential campaign speech is somehow being impinged or fettered because Judge Mershon in a modified gag order says you can't go over go after Manhattan District Attorney staff and their families the judge's family not that doesn't say anything about the judge and you can't go after potential witnesses although Stormy Daniels and Michael Cohen who have already testified in a modified order he he is allowed to comment on them. The case is over. The 34 felony count conviction has happened. The jury of 12 fair and impartial

jurors in New York has spoken. 12-0 against Donald Trump. So the judge smartly, when the issue was raised post-conviction and pre-sentencing, as to whether the gag order needed to remain in place, he says it does. We're not done with the process. We're not done with the appeal. And I haven't sentenced Donald Trump yet. That sentencing was supposed to happen in the middle of July or the first of July. Sorry, the middle of July. It got postponed because the United States Supreme Court made an immunity ruling on July

1st, which backed up onto the convictions and the ultimate sentencing. So it's still a live case and Donald Trump hasn't yet been sentenced and sensitive to that Judge Mershon in administering justice, which is what his job is, that is his, that's why he punches a time clock every day to administer justice fairly and impartially. Justice is blind in his courtroom and said, I'm going to modify it. I originally said you can't Trump go after any witness or foreseeable witness against you. We know who the witnesses are against you.

And now you're free to comment about those witnesses. I haven't sentenced you yet, meaning if you're not going to show contrition, if you're not going to show acceptance of responsibility, those are all things that go into my sentence. See, that's the thing Donald Trump never understands. This is the competing world of, you know, Donald Trump's like Janus with multiple faces in mythology. He's got the campaigner in chief. He's got the narcissist in chief.

He's got the abuser in chief. He's got the criminally indicted person in chief, and he's got the criminally convicted person in chief. And they often don't all, it's like a Tower of Babel, they can't all be coherent because Donald Trump's not coherent. He's unwell. We saw that on the debate stage. So what helps him in the campaign and for him to continue to activate the MAGA base and throw red meat at the base doesn't help him in his criminal cases. You haven't been sentenced yet, dummy. Speaking of you, Donald Trump, you haven't been sentenced yet. All of this data about your conduct and behavior during the trial, before the trial, after the trial, all the way up until the moment of sentencing is all part of the milieu of what the judge is going to consider in sentencing you,

including your failure to accept responsibility, your failure to show contrition and ask for the mercy of the court. So you want to go out and continue to bash everybody. You can, you're not gagged, but it's still a data point that's going to be used by the judge in your ultimate sentencing, which I think is going to be some level of incarceration and jail time on the 26th of November, just before Thanksgiving. Oh, what I would pay to be around the Trump family table for Thanksgiving. A scene from Norman Rockwell, it's not. So you've got Donald Trump acting out, acting inappropriately and continuing to file new appeals. Some of you might be scratching your

head. Is this like an old hot take that Polkak is doing again? It's not. He filed the original – he filed an original appeal in May with the same court of appeals to try to get rid of Judge Mershon and they said, no, there's nothing about what Judge Mershon did or what his daughter does for a living that has no impact on his administration of justice in that courtroom and we're not going to grant your motion for disqualification or to get rid of Judge Mershon. He tried that three or four more times, all unsuccessfully. I mean, at this point, Donald Trump is O and 12 in the New York Appellate Court system

where I practice trying to reverse the decision or attack Judge Marchand and or his daughter and or the gag order. In June, the New York Court of Appeals did the exact same thing as I said earlier in the hot take. Your appeal of the gag order to take it off you before sentencing is denied, dismissed. It's even worse. It's not just denied. It's dismissed su espante on our own initiative because there's no merit, there's no constitutional

question in place. We don't buy your core presidential speech, campaign speech, BS defense. That's what the Court of Appeals is saying. And they are the highest court in New York. We have a Supreme Court in New York, but it's the trial level court, just to be confusing. So as a kid, I loved eating cereal. But as an adult, I don't want all that sugar.

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Get $5 off your next order at magicspoon.com slash legal AF or look for Magic Spoon in your nearest grocery store. That's magicspoon.com slash legal AF for five bucks off. Magic Spoon, hold on to the dream. And so we also had another ruling by the, for five bucks off, magic spoon, hold on to the dream. And so we also had another ruling by the, this is how it got up to the Court of Appeals, the intermediary court is one stop on the appellate train

before the Court of Appeals. And that is the First Department Appellate Division or in New York, which I'm a member of, it sits in Manhattan, it handles all things in Manhattan about appeal. They it sits in Manhattan, it handles all things in Manhattan about appeal. They also ruled in June also that the gag order would not be, I'm sorry, in May that the gag order was appropriate and dismissed it, leading to Donald Trump taking another appeal.

See, Donald Trump can't take no for an answer or take yes for an answer. He got sort of what he wanted in the New York Supreme Court conviction case. He did not want to be sentenced before the debate. He did not want to be sentenced before the election, and he got that. But be careful what you ask for, because now Judge Mushan did two things. He decided to postpone the sentencing to the 26th of November, but he's not going to rule on his immunity decision as to whether any aspect of the immunity order and decision by the United States Supreme Court maps onto the convictions, the way the trial was handled,

the evidence that was used, or any of that to try to argue, as Trump has done, to dismiss the indictment, dismiss and vacate the jury's, nullify the jury's verdicts, which is an extraordinary thing that almost never happens, rarely happens, only under extraordinary grounds that aren't present here. Judge is not going to make that decision until after the election either, which means the judge has thrown shade onto Donald Trump. He's cast a shadow on Donald Trump. And it came up on the debate stage when Kamala Harris Smartly, former prosecutor that she is, said, and you're going to be sentenced for 34 felony

counts. See, if Donald Trump had been sentenced and he had somehow skirted by, skated by, and didn't get jail time, he could have used that at the debate stage, but he was afraid that Judge Mershon, and he should be, is going to send him to jail. And he didn't wanna go there, even if the sentence had been suspended to allow for an appeal. He didn't wanna go up on that debate stage

as a convicted sentence to jail time felon. But now, you know, what is it? Nature abhors a vacuum. Now everybody can kind of fill in the gaps. Is he gonna get five years? Is he gonna get 10 years? Is he gonna get 20 years Is he going to pick up litter on the side of the road? What is his jail sentence going to be? And Kamala Harris and her campaign can run with that. And he has no way to get to the United States Supreme Court. See, Judge Mushan shut the door to the

exit ramp for Donald Trump to take his case over to the feds. He's been trying to jump the tracks in our system of state court and federal court running parallel together. You only have limited abilities to take your criminal case to federal court if a state prosecutor has brought a case against you. Donald Trump claims he was a federal officer. He was acting under federal color of his office. His job description, if you will, for the presidency when he slept with Stormy Daniels trying to pay her off to avoid the electorate knowing about it in October when

he beat Hillary Clinton, the election interference that worked as compared to 2020 when it didn't. Donald Trump in terms of that set of facts, the question is whether it could be a federal case for federal defenses over to the United States Supreme Court. We'll never know prior to the election. That's the thing. He thought his cronies and buddies and MAGA golf buddies over on the United States Supreme Court, we're going to bail him out again, led by Clarence Thomas, Neil Gorsuch, and Sam Alito. It's not getting over there because Merchant shut the door, barred the door,

padlocked it, and threw away the key. I'm not even going to rule on the immunity decision until after the election. That's what you get. Then you compare that. One last thing in this hot take about miscalculation, too smart by half strategy and tactics by Donald Trump is that in the Chutkin case, the DC election interference federal case, the federal government, the the government, the Department of Justice Special Counsel Jack Smith's office is going to have not one but two opportunities to tell the American people in a filing before the election what is the new evidence that we've never heard against Donald Trump that they're going to have

to use to defend the indictment from being dismissed under the immunity decision? And the judge went with the prosecutors. That was a one. Prosecutors won Trump zero for how they're going to handle the immunity decision. Prosecutors said, we have a lot of evidence that we want to put before the American people. I mean, I'm paraphrasing. And we'd like to go first, because if we go first in briefing, the person that goes first, the entity that goes first gets two briefs. The entity that opposes get one brief. So they didn't want to go second. They wanted to go first.

And the judge says, that's a good idea. Let's let the government go first. So the government's going first in September, September the 26th. Then there's going to be another brief in October by the government. And we're going to get, like the Jan 6th Committee Committee a full explanation of all of the evidence against Donald Trump once again right before the election. Good work Donald. So now going into the election, people think you're gonna be incarcerated potentially in their minds for years. That's one. You have no ability to get to the United States Supreme Court

because of the way the Judge Marchand handled the immunity decision delaying that as well. And the prosecutors and the federal side are going to be able to present a mini case against you to the American people, not once, but twice, two bites at the apple before the election. Great work, great tactics and strategy by Donald Trump, the stable genius when it comes to his litigation. This is a guy who lost 60 cases, six zero cases, in trying to interfere with the election. He's lost 12 appeals at the New York State Supreme Court level and at the appellate level in New York. He rarely, if ever, wins. Yeah, there's an occasional judge who's usually Trump appointed that votes in his way.

Let's dismiss the indictment in Florida because maybe the special counsel is a figment of our imagination and isn't properly appointed under the Constitution. That will all get sorted out by another appellate court, I assure you, against Donald Trump in the 11th Circuit. But for right now, what's the headline, the takeaway on this hot take? New York's highest court rejects Donald Trump

for the second time on the gag order. The gag order remains in place against Donald Trump as modified by Judge Marshawn all the way through sentencing on the 26th of November. We'll follow it all just the way we're doing here on Legal AF. We sit at the intersection of law and politics, that crossroads, so that you don't have to. Find out what 40 million people a month already know, that Legal AF on YouTube is the home for legal and political commentary and analysis like no other. On Wednesdays I do the show.

You can watch us on YouTube being recorded on Midas Touch with Karen Freeman at Knifilow on Wednesdays with Ben Misalas on Saturdays. And then I do hot takes like this about every hour right here. So until my next hot take, until my next Legal AF, this is Michael Popak reporting. anywhere else all for the price of a couple of cups of coffee join us at patreon.com slash legal AF that's patreon.com slash legal AF