Legal AF by MeidasTouch - Trump Legal Filing Just BACKFIRED IN HIS FACE and a BOMBSHELL is Ready to Drop

Episode Date: July 25, 2023

Michael Popok of Legal AF reports on another filing by Trump backfiring in his face, where in his Florida federal civil case brought against Michael Cohen to retaliate for the Manhattan DA’s indictment of Trump in March, it is now likely that text messages between trump and former porn star Stormy Daniels will likely be revealed to the public— and NY prosecutors. Head to https://REELPAPER.com/LEGALAF and sign up for a subscription using code LEGALAF at checkout, and automatically get 30% off your first order and FREE SHIPPING! Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

This is Michael Popeye, legal AF. Once again, Donald Trump suing somebody has backfireed on him in a big way and has implications for all of his criminal prosecutions. What am I talking about on this hot take? He sued Michael Cohen, his former fixer and lawyer down in Florida in April in a federal court as a retaliation for Michael Cohen having cooperated with the Manhattan DA's office in the Stormy Daniels, a business record fraud case brought against Donald Trump in March. By April, Donald Trump said time for payback, time for retribution.

So he filed a case against Michael Cohen on, and this is my view, 32 years of doing this practicing law on a really ridiculous set of claims about breaching fiduciary duty as a former attorney and breach of contract for an indefinite contract. Nobody can figure out that's either going to get dismissed by the federal judge at some point in the case, because I doubt this is going to see the light of day of trial. And it wasn't filed for that reason. It was filed to try to silence Michael Cohen and as witness intimidation, but it's going to backfire because one of the things that came out of a hearing just

this past week is that there are text messages between stormy Daniels, the porn star, and Donald Trump, which Donald Trump has saved. It will have to produce the Michael Cohen during the course of this case. And of course, Donald Trump doesn't want to do that. He doesn't want those text messages to come out. And I got a news flash for Donald Trump. I'll tell you how this ends. If you file against somebody in a civil case, and you're the plaintiff, it's very difficult for you to stop embarrassing text messages between you and your porn star lover to come out in the public domain because we have the right as the public, we sit at the table of a trial, whether it's criminal or civil. The public has a stakeholder

because we don't do secret trials in this country. I mean, we don't do them, you know, if you want secret trial and go do an arbitration behind closed doors where reporters and jurors and the public have no right to be. But if you're in federal court, federal court is like open door policy, right? Everything's on the electronic docket for everyone to see. You can try to mark something confidential. You can try to seal it, literally seal it from prying eyes on the docket, but there are very strict standards

for what gets sealed. And what doesn't get sealed? Let me give you an example. If your Coca-Cola, the secret formula for Coke, can probably get sealed so the public doesn't get to see it, and competitors don't. But if you're a former president that's slept outside your marriage, your text message with your former porn star lover is probably not one of those super secret things that are going to be covered by a protective order or a motion to seal.

The best lawyer for Donald Trump, who seems like a very fine chap down in Miami, I never heard of him even though I practiced down there for 20 years, who practices apparently based on his website, franchise litigation, speaking of McDonald's and Coca-Cola. If you have a franchise dispute, sounds like he's your man. If you've got a complicated case involving Donald Trump and Michael Cohen, maybe not so much,

but we'll see. The jury's still out down in Florida, but his argument, the lawyer for Donald Trump's argument, and I'm gonna present it straight here, okay? Cause I don't blow smoke or sunshine on these hot takes. Is these are very highly sensitive documents and information that are not for public consumption? Well, news flash, there's no such thing

as the public, not for public consumption doctrine in federal practice, and that's not gonna fly. So if that's your best argument, and I assume it is, cause you're led with it in the courtroom, you usually lead with your best argument, then you're going to lose. The one area where the magistrate judges, this was a hearing about discovery, discovery in federal courts are handled in adjudicated by magistrate judges who sit under the federal judge. We've heard a lot about magistrate judges in the criminal process in federal court down in Florida and other places because

they also handle things like search warrants and subpoenas and arraignments. That's why we saw all of Donald Trump and Walt Nowda being arraigned. In fact, Walt Nowda was arraigned in front of this very magistrate, chief magistrate, a judge, Edwin Torres, and I'm gonna talk about.

But when they're not doing criminal cases, and the magistrate judges aren't handling, you know, things related to preparing the case for a trial, they handle civil cases. And in civil cases like commercial disputes between people, breach of contract and breach of fiduciary duty and what we call business injury cases, tort, business tort, TORT cases, then they also manage discovery and the exchange of information in a federal court practice. Some documents have to be automatically produced under the federal court rules. They just do.

The federal rules, the civil procedure, say, you've got to take a batch of documents that you have at the beginning of your case and the other side's got to do the same thing and you got to exchange that. You got to tell them who your witnesses are, right, at the very beginning. Same thing for the other side. And then you can conduct formal discovery, which is back and forth, request to produce, documents back and forth, interrogatories,

which are questions under oath, and then you can get to depositions. And you can do that under the auspices of the federal magistrate. This hearing was because Donald Trump wants a protective order over everything. He wants the entire case sealed so that I can't do hot takes. So the Midas Touch Network and other networks can't follow and the public can't learn what's

going on in this ridiculous lack of merit lawsuit he brought against Michael Cohen. Edwin Torres, who is a very fine magistrate who I've been in front of, down in Florida, said, you know what, on the attorney client privilege stuff until I figure out whether privilege was blown here by Donald Trump, by the, let's, oh, I don't know, the crime fraud exception that strips away attorney client privilege from somebody if you also commit a crime with your lawyer,

which is probably in play here with Michael Cohen, who went to jail for doing some things that were not lawful involving Donald Trump. So Edwin Torres said, you know one of the attorney client stuff, I can see the argument there. We'll probably try to put some sort of seal or confidentiality on that. But the rest of it, the tax messages with Stormy Daniels, I mean, he didn't say it with eye popping approach the way I just did, but I'm giving my artists rendering.

Those, you're going to have to do better than that. And the burden is on Donald Trump's side to tell me why under the federal rules, this has to be sealed or confidential. Let's stop cutting down trees to make toilet paper. It's true. Humans are cutting down tens of thousands every day just to supply the American need for toilet paper. And the worst part is to supply the American need for toilet paper. And the worst part is that when we use trees for toilet paper, it's just one use and done.

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County prosecutor, Fawni Willis, disqualified and get all of her prior special purpose grand jury work thrown out. And all it did is have the Republican 90, Georgia Supreme Court, dismiss the petition and tell him that he didn't have any merit to it. He then files a motion for new trial in the same week in federal court in New York because he wants to get a new trial

in the E. Jean Carroll sexual battery and defamation case where he lost for $5 million on a 90 vote by a jury six men and three women. He didn't like that result. And that just gave the judge 50 pages 50 of laying out all of the evidence for him and the public of all the evidence against Donald Trump and why what he did to E. Jean Carroll in no uncertain terms was rape and nothing else and nothing less.

And so he lost that. On the same day, he files were on the same week. He gets an order from another federal judge who where he tried to take the same New York state Supreme Court case, which is a trial level court in New York on the Stormy Daniels criminal case, which is going trial level court in New York on the Stormy Daniels criminal case, which is going to trial March 25. He didn't like the judge, Judge Mershon, because I don't know. He gave $15 to Joe Biden as daughter, works for some Democratic marketing PR firm, and Mershon was the judge that oversaw the felony conviction of Donald Trump's two businesses

for 17 counts of tax fraud last summer. Sorry. So I get he doesn't like the judge. So he tries to get the case away from him and like just over to federal court, like crossing the Rubicon from state to federal court, but he didn't have the grounds to do that because there was very narrow ability for a former president or anybody to take a case from state to federal court. He didn't meet the criteria, but it just gave the judge 20 pages to lay out all

of the evidence against Donald Trump in the criminal case that hasn't even gone to trial yet. So this is a great for the public because we get to see all the evidence and judges, federal judges and other judges basically telling Donald Trump that he's going to lose. And here is why and here is all the evidence arrayed against you. Same thing now, down with in the same like two week period, he loses again, and he's going to have to reveal ultimately the stormy Daniel text messages that are going to come flying out into the public.

And they're going to be attached to filings by Michael Cohen. If Michael Cohen doesn't win, the motion to dismiss and have the case kicked because, you know, just to walk through that, the motion to dismiss is fully brief for Michael Cohen. The judge then has a hearing usually. The hearing after that, he'll then rule, although he can just do it on the papers. And sometime, you know, the next three to six months, we're going to get a ruling. If he rules four Michael Cohen, he'll probably give Donald Trump the ability to replete, try one more time on some of these counts, or any might dismiss other counts with prejudice, meaning he can't try again. So we're going to be in pleading world, trying and retrying for the next six months in the Cohen case.

So there's going to be discovery in the meantime. They're going to do depositions while these motions are pending. This doesn't stop the exchange of information or depositions. And that's why this hearing that I'm reporting on before judged Torres in which, you know, the lawyer for Trump was forced to reveal the existence of text messages between Donald Trump and Stormy Daniels. I guess he's not going to be able to deny he had a relationship with her. None of these got around his text chain. You know,

happened in open court. I'm going to follow the developments in Trump v. Cohen and what happens with Michael Cohen right back at him. Only here on the Midas Touch Network, you can follow me, Michael Popak on all things social media at MS Popak, including threads. We pull all these hot takes together and you can watch them in a playlist that's for me. Michael Popak, you slide over on the Midas Touch YouTube channel, slide over to playlists, move down to Michael Popak. You'll see my whole library that you can catch up on hot takes that we pull this together and curate a long format podcast that we show on Wednesdays and Saturdays only on you guessed it.

The Midas Touch Network, you knew that you're watching me here. And that is called Legal AF. And you can watch that on YouTube free subscribe or you can get it anywhere you get your podcast. Also free subscription. Everything's free, right? The defense of democracy, watering the tree of democracy and liberty, it's free. Just participate in it the way you're doing right now

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