Legal AF by MeidasTouch - Trump Makes FEDERAL FILING after Judge’s SWIFT REJECTION

Episode Date: September 3, 2024

You know who doesn’t know a thing about NY federal law and procedures? Trump and his lawyers. Michael Popok explains why today’s just filed motion asking a federal judge permission to avoid Trump being sentenced in state court for his 34 felonies on 9/18 is doomed to be denied. 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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Only Murders in the Building, Season 4, streaming August 27th, exclusively on Disney+. Sign up now at DisneyPlus.com. Your teen requested a ride, but this time, not from you. It's through their Uber Teen account. It's an Uber account that allows your teen to request a ride under your supervision with live trip tracking and highly rated drivers. Add your teen to your Uber account today. Michael Popak, Legal AF. You know who doesn't know New York law and procedure? Emil Boves, Donald Trump's lawyers.

Second time the charm? I'm not sure about that. What am I talking about? A notice of removal where Donald turned up at the last minute to try to stop his sentencing for the 34 count felony convictions, scheduled for the 18th of September in front of Judge Juan Mirchan.

He tried to file a notice of removal, a special device with special powers under federal court procedure. If you file it properly, then automatically the jurisdiction of the state court gets divested, gets extinguished, at least for a temporary period of time until the federal judge takes a look at your papers

and then decides whether to keep the case in federal court, even your criminal matter, or remands it, sends it back to state court. That's the power of a notice of removal properly filed. Unfortunately for Donald Trump, as I reported on Legal AF last week, they didn't properly file it. In fact, they ignored the federal rules of civil procedure and criminal procedure which governed in this area, which say in particular that when you were filing a notice of removal, a request to a federal judge that the case pretty please be transferred from state court to federal court and you're in a criminal trial and the criminal trial has already happened

and your arraignment has already happened, such as here where you are post-conviction and pre-sentencing, you got to ask the federal judge for leave. You got to ask his permission before you file the notice of removal. Otherwise it's ineffective. So it got bounced by Judge Hellerstein, federal judge and the clerk of the court last week. You didn't ask please, you didn't file your notice of removal with the motion for leave for permission to file your notice for removal. Well, we've now got, as I predicted, we've got the motion. Finally, the request where they don't apologize at all for having screwed up the procedure.

They don't acknowledge that they have any proper grounds for it. They just turn it into a motion for leave to file a second removal notice. Why is it the second notice of removal? Remember the top of the hot take here? I said the new Trump's lawyers don't know New York law and don't know New York practice.

I do. I've been practicing there for 32 years, but they don't, especially in this area. And so they didn't follow the rules. And they tried to file the same thing last summer. A first notice of removal. Now that one was temporarily effective. It divested Judge Mershon of his jurisdiction for a short amount of time. It led Judge Hellerstein conduct a full evidentiary hearing. Donald Trump was able to put on witnesses, including his general counsel and other witnesses. The Manhattan DA was able to put on some witnesses about the Stormy Daniels hush money cover-up affair. It was like a mini trial. We were on the edge of our seats. It was the trial

before the trial. And the same impact, same effect. Judge Hellerstein last July denied that notice of removal and bounced it and kicked it back to Judge Mershon all along telling Judge Mershon, you do you. You continue to keep your case moving along. We have concurrent overlapping jurisdiction. This was last summer. So now Donald Trump said, why don't I file another notice of removal? And this time he ignored the rules. The rules required permission, a permission slip from the federal judge if you're gonna do it after a conviction.

If you wanna do it at the top of your case, like you did last summer, after arraignment and before trial, sure, you don't have to ask for permission. And the reason you have to ask for permission is what I said at the top of the hot take. There's such a power, a unique power, to a notice of removal,

where you can unilaterally cut off the jurisdiction of a state court judge by just filing a piece of paper. That's an amazing superpower that they give to litigants, to parties, but it has to be used wisely, it has to be used appropriately, it has to be used responsibly. And of course Donald Trump's lawyers didn't do any of that. They completely ignored the rules and filed all raft of papers, all sorts of affidavits and declarations and

aspects of the record and motion practice and things like trying to compile a record of documents and information from the Judge Murchon case. Oh, we don't like Judge Murchon. His wife, sorry, his daughter works for a living. She works in democratic politics. Okay. We don't like some of his rulings. We don't like his jury instructions. We don't, we don't, we don't. By the way, as I said earlier, all of those issues, they are sort of appropriate, but only on appeal. Appeal from a state court judge to a state court judge. You appeal a state court judge to an appellate court in the state.

You don't appeal it to Judge Hellerstein, the federal judge, across the street in federal court. Again, basic procedure and law that appears to be immune to the charms or immune to Emil Boves, because they don't really care. They don't really care if they get it right. They just want to get it out the door. They just want to pull the brake on the train and try to derail it and derail the sentencing

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a memo of law. I've never written a two page memo of law. I'm sure my memos of law average 30 to 40 pages as they should. And it's just like, yeah, you know that stuff we filed last week you didn't like, yeah, we're gonna file it again. But now you told us to ask for your permission. By the way, Hallerstein, Judge Hallerstein didn't

didn't create a new rule or a new burden on Emil Bové and Donald Trump. This is in the rules. This is what the federal rules require when you're post-conviction and pre-sentencing in a criminal case. You gotta ask the federal judge for permission. And you should also check in with the Manhattan DA

and ask if they have a consent. The Judge Ellersnay, when he kicked it last week, said, check in with the DA. They didn't do that. I don't see anywhere in here where they've checked in with the DA. They're asking for permission. Now it's going to be denied. Let me cut to the chase. Judge Hellerstein is going to deny this. And so for at no time, at no nanoseconds, was Judge Marchand divested of his jurisdiction. While he sees what's going on, he's got eyes and ears. He's got law

clerks, he knows what's happening in the world, he knows they ran into court. If he didn't know, the Manhattan DA just filed a piece of paper with Judge Mershon telling him, hey, they're trying to divest you of jurisdiction with a wrongfully filed, irregular, rogue filing. So Mershon is up to speed. Judge Hellerstein now has the motion. He could ask for the DA's position paper to be filed. If so, we'll report on it. But frankly, just on the papers of this motion, without showing any good cause, which is the requirement. There is no good cause, which is a legal term, a term of art that has to be supporting your motion in this type of removal. Some might be asking who are kind of late to this game, what is the grounds for dragging this case over to federal court before sentencing? None.

But if you're going to make the grounds, you got to lay them out in your papers. And all they complained about, whined about, it's the whining that just chaps my backside and just wears me out, just wears me thin, is all the things that Judge Brachon did wrong, all the evidence he led, and then the immunity decision, he didn't apply properly to the United States Supreme Court, which by the way, he hasn't even ruled on. You might be thinking you missed something.

We're waiting. September 16th, the Judge Brachon is going to rule in state court on the immunity decision and how it impacted, if at all, any aspect of the jury trial that led to Donald Trump's conviction. That's my point. These are all appeal issues. These aren't grounds to drag your case to federal court. The only way you can do it in Donald Trump's context is to prove to the court that you

were a federal officer at least at the time when these acts took place, these crimes took place, and that all of the acts that are in the allegations are what you did under the color of your office, your official, your job duties, your job, your scope of work, your job responsibilities, your resume. You know, like when you get a new job, they tell you here's your job responsibilities. Donald Trump thinks covering up and interfering with an election, a private sexual act that he had with Stormy Daniels so that the world wouldn't find out about it in October and November just before the 2016 election is somehow part of his presidential duties after the interference is successful and he gets elected. You see why this is going to be a loser? That's not federal officer federal color of law

at all and there's nothing in Emil Boves submissions from last week now being recycled here that are going to change Judge Hellerstein's mind. I know people have come to expect on Legal AF, and I think, and when I give my analysis and opinions, that I'm going to take a position. It's opinion, it's analysis. It's based on years of working in these courts and courthouses. But I put it on the line. I'm going to tell you what I think and how I think it's going to come out.

And it's not that we're never wrong, it's just that we're almost never wrong because we're following these things so closely and we have good instincts and judgment in this area. We bring it to you right here on the Midas Touch Network. You know now what I think is going to happen. You know now what they have filed and what the next steps could be by listening to this particular hot take. You like this kind of analysis, this kind of back and forth? Tune into Legal AF. There it is. We sit at the intersection of law and politics so you don't have to every Wednesday and Saturday at 8 p.m. Eastern time right here on the Midas Touch YouTube channel. Help us get to, wait for it, four million free subscribers. It's a crazy number, but that's where we're coming. That's

what we're coming up to. Four million free subscribers and you can do it by supporting Legal AF. If you like our content, Wednesday, Saturdays, 8 p.m. Eastern Time, find out what 20 million people a month already know. That Legal AF is the place to go for sitting at the intersection of law and politics and learning in a way that corporate media is never gonna teach you. So if and if you like audio podcast platforms, there's our album cover, look for it, Legal AF, plug it in and you'll find us there. So until my next hot take, until my next Legal AF,

this is Michael Popak reporting. Heary, heary, Legal AF Law Breakdown is now in session. Go beyond the headlines and get a deep dive into the important legal concepts you need to know and we discuss every day on Legal AF. Exclusive content you won't find anywhere else, all for the price of a couple of cups of coffee. Join us at patreon.com slash Legal AF.

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