Legal AF by MeidasTouch - Trump MISSES DEADLINE to STOP Doc Release in DC Case

Episode Date: October 16, 2024

Trump won’t be able to stop Judge Chutkan from publishing all the secret evidence against him this week in the DC Election Interference case! Michael Popok reports that Donald Trump has failed to file any appeal, seek any emergency stay, or successfully “explore litigation options“ as he threatened the judge with last week and time has run out. Zbiotics: Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. Join the LegalAF 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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From innovation to action, Sunnybrook is special. Learn more at sunnybrook.ca slash special. This is Michael Popak, Legal AF. Donald Trump's ELO strategy has failed. His ELO strategy has failed because Judge Chutkin set a trap and he stepped his big fat foot right into it. Now I'm going to tell you what I'm talking about. What is ELO, Popock?

It is exploring litigation options. What's that? I don't know either, but that's what Donald Trump told Judge Chuckin last week, that he needed some reasonable time in order to explore litigation options when she ruled against him and she's about to publish to the public in the next two days 500 plus pages of evidence, new evidence, to support the superseding indictment in the DC election interference case brought by Jack Smith and to support the superseding indictment in the DC election interference case brought by

Jack Smith and to support the allegations and the arguments in his 165-page brief that we did get our hands on two weeks ago. And the judge said, okay, I'm granting, I'm going to side with the government here and I'm about to publish another entire appendix of supporting information and documents. And you said you want additional time to do what? And Donald Trump in his paper said, explore litigation options, Your Honor. Now we all took that as either a veiled threat against Judge Judkin or some ridiculous placeholder trying to put a pin in the process while he just got a delay for no reason. And now we're two days away from the deadline.

And I'm pleased to report that I was right, that the ELO strategy has failed because she gave him a week. He has done, Donald Trump and his lawyers have done absolutely nothing to try to obtain a stay of her order from an appellate court. Let me explain. In order to, you can't just through mental telepathy convince the judge, please don't release all of the evidence against me before the election. If you've got an argument, you want to explore litigation options as the judge sarcastically repeated in her order, then you got to do something about it like file papers with an appellate court.

You've got two of them above Judge Judkin, the DC Court of Appeals, which is in Washington, which is her direct boss, and then the boss of the boss is the Supreme Court. And you got to do it in order. Trains got to make, can't skip a station, you got to go to the next station before you get to the Supreme Court. And you got to do it in order. Trains got to make, can't skip a station. You got to go to the next station before you get to the Supreme Court. They haven't filed a darn thing within the seven days and they're not going to get an emergency ruling with 48 hours to go. That sound you hear is Donald Trump and his lawyers doing nothing in the last seven days. And it burned through five days. And I have days and I have been looking and I haven't seen a filing. I haven't caught wind or sight of a filing at all. There isn't going to be

one. And even if they were to file on the last day in two days, there is no way the DC Court of Appeals is going to give them emergency relief. There's no way that Judge Roberts, Justice Roberts, who sits at the first stop on the Supreme Court train is going to issue an emergency order or that there's four votes for that even at this MAGA right-wing Supreme Court. And if I'm wrong, and sometimes I am, it happens. It keeps me honest. If I'm wrong, I'll come right back here and tell you I was wrong. And he filed at the last minute, on the last hour, on the last day, some paper that somebody found interesting at one of the courts of appeal, and they've stayed Judge Chutkin's order. It's just not going to happen.

First, let me explain to you the power, the discretion, the trial judges are given, at the federal level especially, to make decisions about what goes on the public document and what doesn't go on the public docket. We have this struggle in our criminal justice system because we are a public justice system. The public has a seat at the table, as I've said, along with the defendant and the prosecutors. This has gone back to time immemorial in our system. I mean, the trial of Aaron Burr for treason was done and presided over by Chief Justice of the Supreme Court, John Marshall, sitting as a trial judge. And they had to do it at the Virginia House of Delegates because there was such an overflow capacity because the trial has to be in the public. Hearings have to be in the public. Documents have to be in the public. People get accused in public,

not in secret tribunals, and people get to clear their name in public and everything in between. Now there's redactions and sealing that goes on to make sure that certain things that shouldn't end up in the prying eyes of the public don't end up there for no good reason. Like if it was a case about Coca-Cola, the secret formula for Coke wouldn't be revealed

to the public for obvious reasons. If there is foreign espionage in play with like Donald Trump stealing top secret documents, you wouldn't publish the top secret document. Let's face it, after a night with drinks, I don't bounce back the next day like I used to. I have to make a choice. I can either have a great night or a great next day. That is until I found Z-Biotics pre-alcohol probiotic drink. Z-Biotics pre-alcohol probiotic drink is the world's first genetically engineered probiotic.

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Just remember to make Z-Biotics your first drink of the night, drink responsibly, and you'll feel your best tomorrow. Now look, I won't lie. I was a bit on the fence about pre-alcohol initially, but then while hanging out with my fantasy football draft crew over at our favorite Jersey Shore Sports Bar, I gave it a shot.

And believe me, it's the real deal. I spent the entire next day doing all my favorite things with my family, including a long hike on our favorite trail. I kept hearing about pre-alcohol and I wondered what it was actually like. But now that I've tried it, I believe the hype. And with their GMO technology,

they will release different products that help address toxic byproducts of modern living in the gut. Go to zbiotics.com slash LegalAF to learn more and get 15% off your first order when you use LegalAF at checkout. Zbiotics is backed with 100% money back guarantee. So if you're unsatisfied for any reason, they'll refund your money. No questions asked. Remember to head to zbiotics.com legal af and use the code legal af at checkout for 15% off. But other things like you know names of witnesses may have to be redacted or sealed or key documents that are top secret or

classified have to be sealed from the public but otherwise everything goes out. I mean there is a group of 22 members of the media, 22 members of the media, NBC, ABC, MSNBC, coalitions of media, who have been suing, and they always sue, and I like that about that, that's our First Amendment, that's our First Amendment in action, suing to get more and more information, get more things unredacted, take the black tape off, get more things out of ceiling, out of these folders, so they can do the reporting and public can see. Eventually everything comes out except for the things that are like proprietary like I said.

And so this is the struggle you're watching here and that she's balancing but that struggle is done by the trial judge and she or he is given broad discretion under the laws to balance these competing interests of our criminal justice system and make the ultimate decision. It's what we call an abuse of discretion standard, which means that the next court above her has to say that she abused her discretion here and it's a lot of authority and autonomy given to the trial judge on an abuse of discretion standard. You have to show that the judge who has discretion abused her discretion. It's very hard. I've almost never revert, I'll tell you straight, in 32, 33 years, I've never, I don't think

I've ever reversed the judge based on something where it was an abuse of discretion. If it's not an abuse of discretion, I've done pretty well. But if I got to prove abuse of discretion, it's very, very hard. And so he's never gonna be able to prevail that her delicate balancing of these competing interests under a case in the District of Columbia in federal court called Baxter, the Baxter factors, that she got it wrong.

I mean, the courts of appeal, even the Supreme Court, they don't micromanage in that way. They're not super trial judges going, well, I would have dotted the I this way, or I would have redacted this sentence a little bit more. It's abuse of discretion. And so that's why we hear nothing with Donald Trump filing anything,

because he's not gonna file anything. And that was just all fodder that he was gonna use on the campaign trail. I filed a paper! The judge has been abusive! The judge is father of Marxists. Everybody's father is a Marxist in Donald Trump's world. Especially women in power against him. Oh, we're exploring our lit... I don't know why I'm using this voice, but... We're exploring our litigation options! Sounds so

British. The old ELO. There's only one ELO I know. It's a ban from the 70s and I like them. That's all I'm gonna tell you. So I'm gonna update you when, in 48 hours, when the date passed on the 17th of October and nothing gets filed. And then more importantly we're going to get our hot little hands and divide us such a network and illegal AF on all these documents. And we're going to report them to you. All the new evidence, all the witness summaries from the grand jury that are in there. Yeah, redacted with names, but we'll figure it out. All the recordings, audio recordings, video recordings, emails, text messages, things right from Donald

Trump's phone, right from Donald Trump's Twitter account. Oh, I'm getting so excited. I'm starting to sweat. So until my next hot take. Oh, I got great news. Speaking of sweating, we are, we're spreading our wings. We got so much to talk about at the intersection of law and politics that Midas Dutch, Legal AF got together and said, Hey, we should have a new channel. This is really how it went. Hey, we should have a new channel.

What do you think? We should call it Legal AF what? Legal AF MTN from Midas Dutch Network. That's a great idea. Polpak, you curate it. You be the executive producer. I will. Let's get it launched. We did 26 days ago. And how many subscribers do we have? 205,000 subscribers in 26 days. It's unheard of, but you heard it. You did it. Go over to Legal AF MTN for more additional law and politics analysis that I'm the chief curator for. You'll see a lot of me, a lot of my analysis, bringing on new content makers, content creators, Court Accountability, an amazing organization that's at the cutting edge of investigative reporting about fraud at the federal court up to Supreme Court level has joined us over there. We've got a new show called Unprecedented about the United States Supreme Court. It's me and

Dina Dahl once a week telling you about this term and everything else that you've come to care about and love right here on Midas Touch Network. You can find also on Legal AF MTN. So until my next hot take and my next. You can find also on Legal AF MTN. So until my next hot take and my next content, my next podcast for Legal AF, this is Michael Popock and I'm reporting. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel.

Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at LegalAFMTN. That's at LegalAFMTN.