Legal AF by MeidasTouch - Trump Quickly CAUGHT Planning Trial Stunt, Judge ALERTED

Episode Date: January 15, 2024

Trump will not be allowed to “sow chaos” and make a mockery in front of a jury of next week’s E Jean Carroll MULTIMILLION DOLLAR CIVIL FRAUD CASE if the federal judge orders him to behave or ban... him from the trial, as her lawyers have asked the judge to do in a late night court filing. Michael Popok of Legal AF reports on the likelihood that Judge Kaplan will order Trump to behave at the jury trial or risk contempt and being tried in abstentia. Go to https://neurohacker.com/legal for up to $100 off Qualia Mind and use code LEGAL at checkout for an additional 15% off any purchase! 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 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:00:00 Bet on the NFL with Bandual, official sports put partner of the NFL. Download the app today to see why we're North America's number one sports book. 19 plus and physically located in Ontario. Gampling problem call 186653126-200 of visit connectsontario.ca. Michael Popuck, legal AF. Smartly, E. Jean Carroll's lawyers are not taking any chances with next week's trial against Donald Trump. No, not the trial you want, the criminal trial against Donald Trump. A civil case for defamation and punitive damages and the tens of millions of dollars brought
Starting point is 00:00:33 by EG and Carol. It's important to her. She's a victim. It's important to society and EG and Carol's lawyers are making sure there's bumpers and guardrails around what appears to be Donald Trump's threat to attend his own trial, to maybe even participate in his own trial, maybe do an argument in the trial, certainly testify on the trial. We don't know which, no one knows which with Donald Trump.
Starting point is 00:00:55 That's his point. That's his strategy to make everybody scramble. But now that his lawyers have dumped into a meeting with E. Jean Carroll's lawyers that Donald Trump not only plans to attend, he plans to testify. E. Jean Carroll's lawyers, Robbie Kaplan wrote a letter to Judge Kaplan, no relationship, and asked him to put up the guardrails. Make sure Donald Trump is instructed much the way judge and Goran tried to instruct Donald Trump not to make a mockery of the civil fraud case.
Starting point is 00:01:24 Don't do that in front of a jury is what E. Jean Carroll's lawyers are worried about the Donald Trump's acting out without admonishment without before the jury is even selected. We'll lead to jury being polluted, potentially notification of the jury and undermining of the justice system. And certainly E. Jean Carroll's well deserved day in court. The second time this time for punitive damages. What am I talking about? A new letter brief. That's how you do it in New York, a federal court written to Judge Kaplan by Robbie Kaplan. And here's what it says. We write on behalf of plaintiff E. Jean Carroll to propose certain
Starting point is 00:01:57 prophylactic measures and curative instructions in anticipation of Trump's attendance at the upcoming trial, possibility that he'll testify and Associated risks that he will violate court orders if he do so This is a judge is already ruled that this jury needs to be anonymous just like the jury in May in her first E. Jean Carroll's first case for defamation had it be anonymous for their own protection So this judge is well versed and all things Donald Trump and acting out. And here's what they go on to say, they want the court to remind Mr. Trump that this is a case about damages only and not about liability. He doesn't get to retry whether he raped or not. That's already been proven in a court of law, whether he defamed or not, that's
Starting point is 00:02:39 already been proven by Judge Kaplan on summary judgment. but they point to statements made by Mr. Trump ignoring these rulings at various times. For instance, they say that in recent comments that Trump made, he needs to be told what is off-remits limits. Particularly, they say Mr. Trump cannot testify that he did not sexually assault, Ms. Carol. He cannot claim that he did not rape her or did not know her or had never seen her before. He can't question her motives He cannot say that he's defending himself against a false accusation
Starting point is 00:03:10 He can't tell this new jury that they need to find that he raped her because that's already been Established in fact the letter continues on behalf of Miss Carol It is not clear at least to us what mr. Trump could personally Carol, it is not clear at least to us what Mr. Trump could personally permissibly testify to given these limitations. In other words, what could he say about the fundamental issues in the case, which are how big of a check is the jury going to write E. Jane Carol for the damage that she suffered emotionally, intentionally on behalf of Donald Trump? What could he say?
Starting point is 00:03:39 There is no defense to that. We're on to damages. They say in the letter, there's no basis for Trump to offer an opinion testimony about the harm she experienced. He's not an expert on intentional inflection of emotional distress and emotional damages. And he's not an expert for punitive damages. Any testimony that he would give the letter continues with respect to his own common law, malice for purposes of punitive, punitive damages would give the letter continues with respect to his own common law malice for purposes of punitive damages would have to be consistent with the court's
Starting point is 00:04:10 finding of actual malice, a needle that Mr. Trump's recent filings strongly suggested he could not thread. And while a defamation defendant could theoretically offer testimony about their lack of wealth in the hopes of minimizing a punitive damage award. And he such testimony would run headlong into Mr. Trump's sworn testimony and public statements elsewhere, including in the New York civil front case, where he said, I'm a multi-billionaire. Good. That's good for this jury in punitive damages. Then they go on to say that in the past, based on rulings yesterday, for instance, after the court's evidentiary ruling, he expressed that a press conference is attention to do exactly what this court
Starting point is 00:04:52 ordered him not to do. Quote, I'm going to go to the trial. I'm going to explain. I don't know who the hell she is. That's from Donald Trump at a press conference. In fact, here we go with a clip of that press conference. Damn, did it. They're trying to get a man in office
Starting point is 00:05:08 that can't put two sentences together, and they're doing that. But so far, we seem to do very well. You know, I have a office this Monday and I'm mentioning the empty sheets there. I'm gonna be back in court for the Eging Carol case on Wednesday. Yeah, well, that's another one.
Starting point is 00:05:20 That's sponsored by Reed Hoffman and some Democrat operatives. I never saw this woman in my life other than they have a picture with her and a husband, John Johnson, a nice guy who was a newscaster many years ago. I remember him and she said horrible things about him since. I mean, horrible, horrible things called him bad names. I have no idea who this woman is. I have absolutely no idea. The whole thing is ridiculous that this is even a case.
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Starting point is 00:07:32 So back to the letter, citing the press conference, that the New York's attorney general's ongoing state case against Donald Trump just had a preview of exactly what might we could expect at next week's trial before this court pointing to Donald Trump blurting out some sort against the court's orders, some sort of closing attack on the court and the court system. Mr. Trump, the letter continues, offered testimony, contradicting the state's own summary judgment ruling, much like the summary judgment ruling here by Judge Kaplan and used his time on the stand to attack posing council and the legitimacy of the proceedings. He did so,
Starting point is 00:08:11 the letter continues in contravention of facts that had already been established by the presiding judge there. Moreover, Mr. Trump had originally sought permission to give his own closing in the case. Talk about life imitating life here in this filing. The letter brief from judge from to judge, uh, Kaplan continues on behalf of E. Jean Carroll, the court informed Trump that he must agree on the record to limit his subjects to what is permissible in a closing argument to relevant material to not to introduce new evidence. Mr. Trump's counsel rejected these conditions as unfair. The court was unpersuaded and told him he couldn't give us closing. Giving up the game, Mr. Trump refused to agree to those generally applicable limitations.
Starting point is 00:08:57 Later, at the closing itself, the letter continues. Mr. Trump pleaded for an opportunity to address the court, not as a closing, but as an address. The court indulged the request, but only if Mr. Trump promised to just comment on the law and facts and applications of one to the other. And don't go outside of that. Mr. Trump immediately disregarded the court's instructions and the rules applicable to all litigants in the closing. He told the court that this case goes outside just the facts and
Starting point is 00:09:25 and launched into a soliloquy. He claimed that despite the summary judgment against him, that the financial disclosures were perfect. He attacked the attorney general. He attacked the judge. Mr. Trump's counsel, which included his counsel in this case, ignored the states demand that they control their client, consistent with the understanding that this was all intentional, that it was part of a strategy to de-legitimize the proceedings. Mr. Trump and his council, that includes Alina Abba, followed up with intemperate public statements and continued to attack on the court.
Starting point is 00:10:00 It takes little imagination, this letter brief continues, to think that Mr. Trump is gearing up for a similar performance year, only this time in front of a jury. Indeed, as noted above, Mr. Trump promised a second round of the same scenario in his remarks to the press yesterday. So this is a request by E. Jean Carroll in advance, in a prophylactic way, to control, constrain, and instruct Trump under penalty of contempt to not make a mockery and the shambles out of this upcoming trial. Kudos and hats off to Robbie Kaplan who's been on the podcast before with how she's handling
Starting point is 00:10:36 this. So masterfully and how she is presenting the evidence, including recent evidence as recently as this week to judge Kaplan and consider she ends it as follows. Listen to these words. If Mr. Trump appears at this trial, whether as a witness or otherwise, his recent statements and behavior strongly suggest that he will seek to so chaos, indeed, he may well perceive a benefit in seeking to poison these proceedings where the only question for the jury is how much more he will have to pay in damages for defaming Miss Carol. This court should make clear from the outset, Mr. Trump is forbidden from engaging in sets antics and will suffer consequences in doing so.
Starting point is 00:11:13 We're going to follow that trial closely. It's not televised. There's no audio of it, but we'll follow it day by day one place the minus touch network and on this legal AF and we'll do it on legal AF, the podcast on Wednesdays and Saturdays at 8 p.m. Eastern time and on hot takes just like this one. You like these kind of hot takes? You can get a one place. Don't turn that dial.
Starting point is 00:11:32 Might as touch network free. Subscribe. Help them get the two million. So until my next hot take and my next coverage of the EG in Carol case, till my next legal AF. This is Michael Pope, pop reporting. Hey, might as, love this report. Continue the conversation by following us on Instagram,
Starting point is 00:11:47 at MidasTouch, to keep up with the most important news of the day. What are you waiting for? Follow us now.

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