Legal AF by MeidasTouch - Trump’s MAGA Lawyers Make FOOLS OF THEMSELVES on Live TV

Episode Date: May 25, 2024

Do you know what you get when you put a former Trump official talking head, who went to Harvard law school together with a MAGA US Senator who reportedly went to Yale school, on national television? A bunch of legal nonsense about Trump’s case and possibilities of appeal. Michael Popok takes MAGA to “law” school in his latest hot take. Go to https://Lumen.me/legalAF and use promo code LEGALAF at checkout to get $50 off your Lumen Visit https://meidastouch.com for more! Join us on 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 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

That's the sound of unaged whiskey, transforming into Jack Daniels Tennessee Whiskey in Lynchburg, Tennessee. Around 1860, nearest green taught Jack Daniel how to filter whiskey through charcoal for a smoother taste, one drop at a time. This is one of many sounds in Tennessee with a story to tell. To hear them in person, plan your trip at TNVacation.com. Tennessee sounds perfect. This is Michael Popak, Legal AF with a riddle. You know what happens when you combine a MAGA Harvard Law graduate with a MAGA Yale Law graduate? You get

nonsense on television. Kaylee McEnany, who claims to have gone to Harvard Law School and wrote for legal publications, including Above the Law, which I occasionally read. She was interviewing on apparently, I guess, Fox? Josh Hawley, Senator Josh Hawley. He's the guy that likes the fist bump, the coup members, the coup participants, the co-coup conspirators. I almost had trouble getting that out. The guy that ran out the back door on the video during Jan 6 to save his own hide. Remember him? He purportedly went to Yale Law School. She went to Harvard Law School, but apparently they all fell asleep during federalism and the difference

between federal and state court systems. And the fact that you can't jump over one to go to the other because you don't like the judges. You would know that, Kaylee, if you had attended one of our POPOC talks or Professor Ben's on Patreon, patreon.com slash legal AF, where we break down the law. We explain the difference between state criminal cases and federal criminal cases. But instead you got Kaylee McEnany saying, well, the judges in the first department, which is the intermediary appellate court in New York, are as bad as Judge Mershon. Mr. Hawley, Mr. Yale Law, can we like take this to federal court? What am I talking about? Here's a clip. I think there should be an acquittal. And it's actually my prediction. It'll be a hung jury because we are in Manhattan, but let's say worst

case scenario, if there's a guilty verdict, it should be reversed on appeal. Cause as you know, as an attorney, a former attorney general, the facts must match the law. But the New York appellate division, they've ruled against Trump on the gag order. They've ruled against him on moving venue. They seem as bad as this judge. So can Trump remove this to federal court,

go to where we have fair justices and get an appeal in the federal realm? Okay, the answer to that is no. And how does she not know that? Let me explain, let me do a breakout session here. Like a little Patriot breakout session, a little teachable moment. Most, well, crime can be state or federal.

It can either arise under the federal code, crimes that are put on the books by Congress, or it can be state law crimes that are put on the books by Congress, or it can be state law crimes that are put on the books by the state legislatures and the houses of those particular states. You have state crimes, you have federal crimes. Both can be felonies or misdemeanors, it doesn't matter, but some are federal crime. If there's no federal crime on the books, then that's it. There's no common law, federal common law that we rely on, except in very rare circumstances about regulatory agencies.

So in order for there to be a crime that's federal and recognized in federal court and prosecuted by federal prosecutors like the Department of Justice, Main Justice, and the various US Attorney's offices around the country, right, those prosecutors, then it has to be a federal crime. And normally federal crime trumps state crime. So if a person commits a federal crime and a state crime, federal crime usually goes first prosecuted

by the lead prosecutor who's coming out of the US attorney's office. If they're an assistant, they're not the actual US attorney for that district, they're the assistant US attorney. Some of this we call it the USAs or AUSAs, or they're coming out of Washington. We call that main justice.

Those are the prosecutors. The crimes are on the books put on there by Congress. And that's it. And if it's a hybrid state and federal, for instance, if you kill a police officer, it's not just a state crime of homicide. It's also a federal crime. Racially motivated crime becomes a federal crime. It might have state law crimes as well. Here,

I'll give a recent example. David Tappape, who attacked Paul Pelosi, Nancy Pelosi's husband, he was convicted of two federal crimes. One, for attempted kidnapping of a federal officer, Nancy Pelosi, and secondly, for injuring a violent attack on a family member of a federal officer. That's the second count. And he got 30 years collectively for those two things. But he's not done. He's got a trial or a guilty verdict coming up in the next couple of months in California,

in San Francisco, by the state prosecutors there. Usually we call them the state attorney of some sort or the county attorney. It depends on how that state's organized. He's going to see a separate set of cases. So many things that we talk about on Legal AF, there's a federal component, a federal criminal trial and plea bargaining or otherwise, and state. Same thing happens in the Black Lives Matter movement, same thing in George Floyd. Those bad cops convicted federally pled guilty to state, there we go. Kayleigh McEnany doesn't know what the hell she's talking about. She's a McEnany.

I think I'm going to phrase it that way. If it's a state prosecution, which it is of Donald Trump, garden variety, state prosecution, business record fraud, which is a misdemeanor coupled with in furtherance of a second crime, could be election interference, could be some sort of tax fraud, doesn't really matter, that ratchets it up to a felony, E-class felony in New York, prosecuted by state prosecutors, in this case the Manhattan District Attorney's Office. Some states, it's a state attorney. We have a Midas contributor, Dave Arenberg. He is in the state attorney's office, so ultimately under the attorney general, but in the county in Palm Beach County, and he's the state attorney for Palm Beach County. There's a state attorney for Miami-Dade County,

used to be Kathy Rundle, that's how that works. And then in cities like New York, it's usually like the district attorney of that particular city, in this case, the Manhattan district attorney, or the district attorney for New York County is his official name, or their official name. They bring the crime, there's an indictment.

Both state and federal have indictments that come out of grand juries, unique to their processes, but they come out of grand juries. They then go to a petit jury, a small jury, which is the actual trial court jury. Very, very similar process. Federal judge presides over criminal and civil matters in federal court that arise under federal law. State court judges sit over, usually they're in divisions, federal judges aren't in divisions, they preside over everything that comes their way.

They have drug cases, immigration cases, civil fraud cases, tax fraud cases, everything all there. State court, there's usually divisions. There's the criminal judges, there's the civil judges, there's the family law judges and all of that. See, I'm teaching you what Kathy and Josh Hawley should have learned in law school, or Kayleigh, I'm sorry, should have learned in law school. Once the indictment comes out in a state proceeding like against Donald Trump, he's in state court. He already tried once when the New

York Attorney general, which is the highest law enforcement person at the top there, who usually does civil matters, went after him and the Trump organization for persistent fraud, fraudulent business practices. And of course, Donald Trump lost. That was the attorney general of the state. Different, separate, depends on,

and different states have to give different powers pursuant to their constitutions and their charters to the attorney general of their state. In New York, she has very limited criminal powers. Mainly that's done at the DA level. In other states, they have criminal powers, really depends. That's why we see criminal indictments in Arizona of Rudy Giuliani and 16 other co-conspirators because that state gave that set of attorney generals that power. Lumen is the world's first handheld metabolic coach.

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the intermediary appellate court for Manhattan, for instance, is the appellate department, is the appellate division first department, of which I'm a member. That's where I was sworn in when I became a lawyer. That's what they're referring to in that clip. If you don't like the results there, and apparently they don't at MAGA, at MAGA World, you would then have to go to the highest court of New York, which is the Court of Appeals. We don't call it the Supreme Court. We use that term to be confusing for the trial court level. Most states, for those that watch us from around the world, most states that trial court level is the superior court, or the court of common pleas, it depends on the state you're in.

But in New York, just to be confusing, we call it the supreme for the trial court level and the court of appeals for the highest level. Most states and other states other than New York, the court of appeals is usually the second highest court of that land. Like in Georgia, there's a court of appeals. Then there's a Georgia Supreme Court.

In Florida, I'm a member of the Florida Supreme Court. That is the highest appellate court of that world. And you can't and almost never are able to jump over unless you have a federal right that's being implicated. Where then therefore you can try a writ of habeas corpus to try to get over to federal court and see if you can get a federal judge interested. It's very rare, it's very unique,

and it doesn't apply to Donald Trump. And even he hasn't tried to do that. Although you wouldn't know it by listening to these two legal boobs talk to each other about state versus federal and federalism. We like to call this kind of stuff out. We do it on the Midas Touch Network. We do it in social media.

We do it on the Midas Touch website. And we do it on Hot Takes, just like this one. And if you really like this kind of stuff out. We do it on the Midas Touch Network. We do it in social media. We do it on the Midas Touch website. And we do it on Hot Takes just like this one. And if you really like this kind of stuff, then join us on Wednesdays and Saturdays at 8 p.m. Eastern Time. Only on the Midas Touch Network. It's a network you're building with your bare hands. With us. We have no outside investors. We are independent. 8 p.m. Eastern Time right here on this YouTube channel. And then on audio podcast platforms of your choice. We call it, wait for on this YouTube channel. And then on audio podcast platforms of your choice, we call it, wait for it, Legal AF. And for a reason, you'll come join us on Wednesdays and Saturdays.

You'll find out why we call it Legal AF. And then we do hot takes like this one. Oh, I do it about every hour here on the Minus Touch Network. If you like what I'm doing, I'm Michael Popok. Give me a thumbs up, leave a comment. It helps keep me on the air. By the way, speaking of keeping me on the air, shout out to four different legal AF and Hot Take fans

that I met over a 36 hour period in New York. One at a Broadway show, one in a parking garage, one in a hotel lobby, and one in a supermarket across two states. It was heartwarming, it was rewarding, and I appreciate each and every one of you and even those that I'm not able to meet in person. So until my next hot take, until my next Legal AF, until the next time you see me in your neighborhood,

you come up and say hello to me and vice versa, I'm Michael Popak reporting. Hear ye, hear ye. 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. That's patreon.com slash legal AF.