Legal AF by MeidasTouch - Trump Quickly CAUGHT Planning Trial Stunt, Judge ALERTED
Episode Date: January 15, 2024Trump 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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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
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.
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.
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
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
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
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?
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
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
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
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.
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.
This should never have happened.
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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,
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.
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
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.
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
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.
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.
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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.
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