Legal AF by MeidasTouch - Trump MISSES Key Court Deadline and BEGS for HELP

Episode Date: September 21, 2024

Gurgle gurgle. Trump’s 3 person criminal defense team is drowning in briefs and motions making them miss court-ordered deadlines left and right. Michael Popok explains the latest gaff requiring Trump to file an emergency motion, just days after filing a similar motion with an appellate court begging it for more time, as they struggle to keep their client Trump out of jail before the November election. 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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They're out of it. They're half in the bag. They keep missing deadlines, having to tell federal courts that they're about to miss a deadline that they forgot about in a major matter in the DC election interference case. At the same time, they run off to the 11th Circuit Court of Appeals and tell that court they just can't get around to filing a brief on time about the Mar-a-Lago case, a case that they actually won at the trial level. They can't file briefs on time in cases that they've won. So they got to ask for 30-day extensions there. They argue that they need more time because they got to file new appellate motions, new appeal motions in the New York criminal

conviction case at the federal second circuit. But also they're worried about the sentencing of Donald Trump on November the 26th. At the same time, they've got briefing and major briefing in the immunity decision related to the DC election interference case. And all of this, all of this is by a three-person law firm led by Todd Blanch, Emile Beauvais, a paralegal, and I assume some sort of legal assistant. And that's it. In all of these different courts. Occasionally, occasionally they bring in one of their appellate people like John Lauro to sign the brief or this or that. Now we've got this DC election interference case. They've had to go on bended knee to the judge and beg the judge for more time. Of course, Jack Smith's team was like, sure, you want more time,

you missed the deadline. And they had a, let me actually read to you from what they were forced to file with what I just gave you as the backdrop. But what I just described in the backdrop all happened in the last 10 days. Some of which, most of which in the last five days. So here's what they had to file. It's an unopposed motion for leave to file,

meaning they had to go to Jack Smith and tell him they F'd up and they needed more time. And here's what they had to tell the judge. This is in the Judge Chutkin case filed by the lawyers for Donald Trump, Todd Blanch, and Emil Bové. Defense counsel set an internal deadline for today to submit its reply in support if it's pending motions for an order regarding the scope of the prosecution team.

Listen to the rest of this. And to compel discovery. But it didn't realize that the court had adjusted the time in which to file to 5 p.m. this evening. Let me back up. Because I do this for a living. They said it, that means they set their own deadline as lawyers on their calendar, some sort of internal control time, and it was wrong. In other words,

rather than starting with, we miscalendered the date that the court, which is what matters, set the time to file our brief on this one particular issue, which I'll describe to you in a minute. It's the motion related to how large shall we define the prosecution team for discovery or documentary, a demand for documents issue. That's what that's over. But if this is really, instead of coming out

and being honest with the court, and it happens, I've filed motions sometimes where we've had to say, we screwed up, clerical error, we miscalendered something. Sometimes it happens. They said, we had on our calendar, they want to take credit for it, an internal deadline that was wrong. And it was so wrong that it was not consistent with what apparently the court had set, which is five o'clock today, we're never gonna make it, we had to go, this is the

rest of the motion. Once defense counsel recognized the time deadline, we put that into English, once we realized we screwed up and miscalendered internally, we immediately emailed the government counsel requesting consent to file before midnight, in other words, like seven hours late. Council for the government has consented to this filing. Therefore, defense council respectfully request that they be able to file late and miss the 5 p.m. deadline. What's this all about?

Let me see if I can explain it to you. Everybody was in court in the early part of September in front of Judge Chutkin as she's trying to figure out what she's been instructed to do by the United States Supreme Court, which is to map their murky immunity decision rendered in July, July 1st, onto the new superseding indictment that just came out about two or three weeks ago

and figure out what survives. All of it, none of it, some of it, that's part of her job. She also has a bunch of motions that have been filed by Donald Trump back in October that had not been resolved because the case had been put on ice while we went into almost a year or nine months of appeals. Now the case is being restarted, the judge is trying to clean up, you know, trying to clean up the brush and get the case back on track. So after the hearing, she issued an order on the 5th of September, which set a very detailed and very short track of a briefing schedule for the various motions that were pending. So for the issue of, on the immunity issue,

or on the discovery issue, she said today at 5 p.m., 9.19, that Trump had to file his reply brief about discovery issues, right? His complaints that the government hasn't turned over all of the documents, sometimes we call that Brady material under a case called Brady, that the government hasn't turned over all of the documents. Sometimes we call that Brady material under a case called Brady, that the government is required as prosecutors to turn over to the defense that may be inculpatory, meaning it points the finger at somebody and proves their guilt or exculpatory. The opposite proves their innocence. They get all that. That's the kind of due process that we require in our constitutional system of justice. So they had to file that Trump side by 919, by five o'clock. Well, come like three o'clock, they realized they weren't going to be able to make five.

They were aiming for midnight. Now, often in federal court, the deadline is midnight. I filed many a brief at midnight or 1159 to make the deadline. But here the judge said 5 p.m. and they've been in front of this judge for two years and they know better. So they asked for a, hey, can we have seven extra hours? And the government didn't oppose because really was no sense to it. And then the next set of briefing that we're going to be on the lookout for is that the Judge Chuckin agreed with the Department of Justice and gave them two briefs to air additional evidence against Donald Trump

before the November election. We're gonna get a mini trial on paper against Donald Trump with new evidence we never heard about in the DC election interference case, hooray. So as a kid, I loved eating cereal, but as an adult, I don't want all that sugar and most cereals don't give me the protein I need. Then I found Magic Spoon, a nostalgically delicious cereal that tastes just like my childhood

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the defense has the opposition brief and and then two days later, a reply. So the government gets two pieces of paper before the November election, one being on the 26th of September, the other being on the 29th of October. But then there's other briefing. Donald Trump has alleged that he gets to get rid of his case on statutory grounds, not just immunity grounds, that there's all sorts of issues with the actual counts against him in the superseding indictment. The judge says, all right, we'll do briefing on that. And this time Trump will go first. October 3rd, you'll file your initial brief. The government will respond by the 17th of October.

And that's it. The only briefs I want is two. The judge can determine how many briefs they want. And then finally, they've raised the issue of, because they're all excited over in Trumpland, when they got Aileen Cannon over her skis and with her big fat thumb on the scale of justice in favor of the person that put her on the court to dismiss the indictment in Mar-a-Lago on the grounds, first time in 200 years, and in violation of every other precedent that any other federal judges ever ruled upon, Aileen Cannon said,

nah, I don't like the special counsel. I think it's illegitimate, it's a private citizen. Why is he prosecuting? He doesn't have the power, the authority to do that under the Constitution. Dismissed, which is shocking. That's up at the 11th circuit, which is the late brief that Donald Trump again this week, his lawyers, same lawyers, said, we can't make that deadline.

Even though we won that case, we need another month on that too, which is all going to cascade and collide into all these other deadlines in the DC election case that I just said. Now they're going to file another motion to get rid of Jack Smith as illegitimately appointed and funded here in the DC election interference case. And the judge says, all right, I don't think that, and she said it out loud at the hearing in September, September 5th.

She said, I don't think any of Judge Cannon's analysis was well-founded, but I'm not gonna stop you from filing your motion. So Trump, you file your motion to get rid of Jack Smith on the 24th of October. I'll give the government until Halloween a week later to file their brief and then you can file your reply brief Trump on the 7th of November. Very active. This is how a judge that knows what they're doing and worth their salt runs a courtroom in

stark contrast to what we see with Judge Cannon. But even with these hard dates, Trump can't, his lawyers are just gassed. They're just stretched so thin, you know, it's, they can't, even zone defense isn't gonna work here. Man to man's certainly not gonna work, because there's three of them against 500 of the government, the United States of America, and the Manhattan DA's office.

And it's literally three guys and some assistant running around for Donald Trump. That's all he can apparently afford or that will work for him. So you get these crazy last minute, I almost missed the deadline. Can we have an extra seven hours, pretty please, for the filing to get this big thing in? Now they finally did, I'll do a separate hot take on it. They finally did get in late this omnibus reply brief to try to argue that they don't like the briefing schedule that I just outlined.

And they think the immunity should go first and nothing else should go second, which the judge already rejected on the 5th of September in her original hearing. This is just another of these whiny Reconsideration motions that Donald Trump whenever he doesn't get the right answer and the good news is that even though the Supreme Court sort of Smackdown Judge Chutkin and the and the intermediary appellate court right above her because they didn't think And John Roberts in particular

In escaping criticism didn't think they did a very good job of applying immunity and separation of powers to the analysis of the indictment or the original indictment. Generally, judges like Chutkin are given broad discretion to handle this kind of administrative and ministerial aspect. You can't win on an appeal to the Supreme Court because you didn't get the briefing schedule that you wanted. I didn't want Halloween. I wanted the day before and I wanted three briefs and she only gave me two. That's not going to work. That's not a

fundamental reversible error issue you can take up on appeal. And so these issues sort of stay with the judge. And so we are now, I think the takeaway for this hot take is what we're watching is as Donald Trump tries to walk and chew gum at the same time, as he tries to defend himself in criminal court proceedings, while he campaigns the last less than 50 days to try to win an election, while he tries to avoid his problems in public spaces with the secret

service, as he at the same time, he launches a new cryptocurrency grifting scheme with somebody that was in jail, led by his 18-year-old son, Baron, who's the spiritual guru of a new cryptocurrency grift by Donald Trump. I'm not making this stuff. While his wife, Melania, reminds the public that she once posed nude when she first moved here from Slovenia on who knows what immigration status. And as a payback for Donald Trump in the exquisite timing, decided to get back at him for all of the cases in which he's been convicted or a judge to be a rapist, a sexual abuser. Numerous women taking the stand under oath believed by juries, more than three of them,

that Donald Trump is a terrible, lecherous person. She decided right now, right at the critical moment in her memoir and on her ex, on her social media, to defend her nude photos from like 30 years ago. Okay. And change the conversation in her favor during this moment. So Donald Trump's got a lot going on. And so these lawyers are trying to figure out what do we do with the second circuit to try to get the sentencing in New York sort of derailed and up to the Supreme Court. Oh, we can't do that. Oh, DC election interference. We've got all these briefs. Oh my God, it's so complicated. Oh, we missed another deadline. File another motion. Ask for more time. We're running out of time. We're trying to get our guy

elected. I mean, I'm playacting here, but it's really close to what I think is going on over there. We're going to continue to follow it all. We only do it, well, I used to say in one place, but really in two places. We follow it on LegalAF where we sit at the intersection of law and politics, but you can get LegalAF kind of two ways now. We're on the Midas Touch Network, all these hot takes and podcasts, LegalAF the podcast, all on the Midas Touch Network. But in collaboration with the Midas Touch Network, we have a new LegalAF YouTube channel that I'm going to be curating. That I'm curating. It's already up and running. We've got 30 or 40,000 subscribers after just two days.

That's how much enthusiasm we have for that particular channel. I'm curating the top stories of the intersection of law and politics and bringing you videos, analysis, commentary at the intersection of law and politics just the way you like it, but over here at a dedicated YouTube channel which is going to be supported by and of course and collaborated with the Brothers and Midas Touch Network. Find us on YouTube right now at LegalAFMTN from Midas Touch Network at LegalAFMTN and free subscribe. There's already lots of videos up there, new interviews, new videos,

and we're gonna be bringing on a lot of new voices at the intersection of law and politics that you haven't heard from before and some of your old favorites. So until my next hot take, until my next Legal AF, until my next exclusive content, I'm so excited I'm stammering, my next exclusive content only on

the Legal AF YouTube channel at Legal AF MTN. This is Michael Popak 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.