Legal AF by MeidasTouch - Trump Lawyer SCREWS UP by Revealing SECRET DEAL in Court

Episode Date: September 12, 2024

Trump’s lawyers just admitted in open court before Judge Chutkan that they received an improper unethical communication from Justice Clarence Thomas that led them to file the motion to disqualify the Special Counsel with Judge Cannon in the Mar a Lago criminal case. Michael Popok explains Trump’s terrible week in court, and how his lawyers just admitted that Thomas committed a cardinal sin of being an appellate judge—publicly signaling his position on an issue that will likely be before him on appeal. 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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Join for just $4.99 a month. Savings may vary. Eligibility and member terms apply. This is Michael Popak, Legal AF. There were two golden nuggets within the hearing Judge Chutkin just held about the DC election interference criminal case against Donald Trump.

And I wanna bring them out here and analyze them. And they both are disastrous for Donald Trump. John Loro on one side for Donald Trump, representing Donald Trump, a lawyer down from Florida who's handling apparently that matter and not Todd Blanch. On the other side, Tom Wyndham on behalf of Jack Smith, the special counsel, and we've got Judge Chuckin presiding. Let me go over the two nuggets and explain to you why they are disastrous for Donald Trump, who already had a terrible it. He got what was reported as a delayed sentencing until November the 26th, but that doesn't help him that just leaves a

shadow and shade cast on Donald Trump that he's now a convicted felon that has no real avenues for appeal and the Sentencing and certain decisions by judge Bichon are going to be delayed well after the debate and well after people register to vote. That's terrible for Donald Trump. The second thing is his lawyers did terribly at the Second Circuit Court of Appeals in arguing that the E. Jean Carroll sex assault abuse case against Donald Trump, where he was a judge by two separate juries

to have sexually abused E. Jean Carroll and owe her a total of almost $100 million. That appeal, that oral argument went terribly for Donald Trump's lawyer, John Sarrow. And now we've got John Loro, no relationship, who's making ridiculous arguments in front of Judge Chutkin, losing all credibility for future proceedings.

And the revelation, here's the second nugget, that Jack Smith and his team are gonna be able to present new evidence that the American public has never heard before in briefing that they are now ordered to file on the 26th of September by Judge Chutkin about the immunity decision. They're gonna show a number of their cards and evidence we've never heard about before in order to get out from under the Supreme Court immunity decision, they're going to show a number of their cards and evidence we've never heard about before in order to get out from under the Supreme Court immunity decision that came out

on July 1st. Two golden nuggets. One, John Loro raised the issue that he is going to file a canon motion. I call it a canon motion. It's a motion to disqualify the prosecution and therefore dismiss the indictment because Jack Smith was improperly appointed under the Appointments Clause of the Constitution and improperly funded. The only judge in the history of federal jurisprudence who ever believed that was Judge Cannon. And John Lauro raised the issue towards the middle of the recent hearing on Thursday and it was quickly shot down by Judge Chutkin. They can still file the motion, but Judge Chutkin said a couple of things that are important, but more importantly is what John Loro said in response. Listen to this. Judge Chutkin said, well, let's start with Judge Cannon's decision down in Florida. Oh, here we go. Chutkin versus

Cannon. Good luck to Cannon. She said, well, the Cannon decision was not really properly analyzed and is not persuasive, not particularly persuasive was the words that she used. She also said it's against binding precedent that comes from the DC Court of Appeals, which are Judge Chuckin's bosses, and ultimately the United States Supreme Court,

to which John Loro stood up and jumped up and down and said, oh, well, wait, we were directed to file that motion by none other than Justice Thomas. Stop. We said in a hot take, I said in a hot take that Justice Thomas in his concurrence was sending love notes to Judge Cannon and to the Trump lawyers blowing kisses to them to file a motion to find that the special counsel should be disqualified. No other person on the Supreme Court believed that was true. And of course, right on cue, Trump heard it, filed it. Clarence Thomas set the table and Judge Cannon put on a napkin, and knife and fork and ate at it

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They took it as an instruction, an improper ex parte, if you will, communication from a sitting United States Supreme Court justice to them to file a certain motion, because it'll be receptive, at least by him, in the future. You're not supposed to telegraph. It's unethical to telegraph what you're thinking about a future case that may be before you and more importantly to invite a certain type of appeal. But John

Lauro said the quiet part out loud. We listened to Justice Thomas and he gave us that instruction. He then tried, he realized how ridiculous that sounded, although truthful. It's one of those rare, what we call Freudian slips in Washington, DC, where somebody accidentally tells the truth and he walked it back. But Judge Chuckin's ears perked up and she said, he gave you an instruction to file it? Really? That's your position? And Laura's like, well, it wasn't an instruction, but maybe an invitation is the right word. Wow. And the other golden nugget from the hearing

I want to bring out in this hot take is what it means for Donald Trump. By Judge Chutkin effectively adopting the entire briefing schedule that the prosecutors had proposed. Prosecutors proposed a very quick briefing schedule, simultaneous with all other issues through the month, as I said in a prior hot take where I kind of nailed it, September,

October, let's get this issue resolved because ultimately the loser is going to appeal, it's going to go up on an immunity issue up to ultimately the United States Supreme Court. And so what we didn't talk about on the prior hot takes or in Legal AF is now, this is terrible for Donald Trump, not only did Judge Chuckin adopt almost completely the prosecutor's timetable, but the prosecutors have said they're gonna put on new evidence and show it to the judge and the world and the voting public in briefing now scheduled for the 26th of September.

So after the debate, but before the voting registration ends in most states, in which they're going to air out a new evidence. Well, that freaked out Trump's side. They don't want that. Just like they didn't want the pre-sentencing memo outlining all of the bad conduct by Donald Trump to be filed by the Manhattan DA in the state sentencing related to his 34-count felony conviction, They don't want the prosecutor

to put on a mini trial in his brief about evidence, evidence that they're then later in the news cycle are going to have to try to refute. So this was a terrible result. That's not getting enough press or analysis that not only are the deadlines now the ones that the prosecutor wanted, but there's going to be this new evidence that you and I are going to know about, I'm going to be able to report on here on the Midas Touch Network as early as the 26th of September when we get our hot little hands on it. So that is some of the takeaways that I think were missed in the Chutkin reporting on corporate media. We do it like this every time on Legal AF. Find out what 40 million people already know that Legal AF is at the crossroads of law and politics and a home for it on YouTube. Join us on Wednesdays and Saturdays at 8 p.m. right there on Legal AF. We sit at that intersection, that crossroads of law and politics, so you don't have to. And we do it just like that.

We curate a long format podcast. Wednesdays I do it with Karen Friedman at Knitfollow. Saturdays with Ben Mycelis. And then I do hot takes like this, I don't know, about every hour right here on the Midas Touch Network exclusively for them. So if you like what we're doing here, you can join us on Wednesdays and Saturdays

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