Legal AF by MeidasTouch - Trump’s TOP AIDE Gets AWFUL KARMA in Court RULING

Episode Date: September 18, 2024

Disgraced Trump former chief of staff and indicted coup participant Mark Meadows just lost in yet another failed attempt to try to drag his criminal indictment out of state and into to federal court, this time in Arizona. Michael Popok connects all the dots between his loss in Georgia on the same grounds, and his efforts to get the Supreme Court to bail him out on his latest hot take. To boost YOUR NAD+ levels up to 50%, Go to https://qualialife.com/LAW for up to 50% off and use code LAW at checkout for an additional 15% off. 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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Meadows and others around Donald Trump, including Rudy Giuliani, Mike Roman, fake electors, you know the drill, in Arizona. And Mark Meadows, just as he did when he was indicted in Georgia by the Fulton County DA Fonny Willis, attempted to remove his case. In Georgia, he failed after a full evidentiary hearing in front of Judge Jones, in which he testified, I was just doing my job as the chief of staff. I was just making phone calls and scheduling. That's what I was doing. And Judge Jones shook his head and said, no, you weren't. And then Mark Meadows didn't like that answer in Georgia, took it up to the 11th Circuit, the court that was responsible for Georgia. He lost there. He didn't like that. So he filed

a notice of appeal with the United States Supreme Court and we're still waiting. In the meantime, Arizona, led by its attorney general, decided to indict Mark Meadows for the exact same thing in terms of interfering with the election results and the peaceful transfer of power. And Mark Meadows decided, I'll try the exact same thing. I'll try to remove the case and get it out of state court and take it to federal court so I get in a federal appellate decision ultimately, and ultimately to the United States Supreme Court. But the first stop on that train is a federal judge. And the federal judge there decided to do

basically the same thing as Judge Jones did in Georgia. He held a hearing, he allowed for briefing, and then he just issued his order and we just received it. Let me just read to you from the order from Judge Tuckie in which he describes exactly all the bad things that Mark Meadows did. He also took a pot shot at Mark Meadows and said, you're not trying to remove the indictment by the Arizona attorney general.

You're trying to rewrite the indictment because you don't like what it says and you're trying to fit all of the things in the indictment and say they were all part of your job description as chief of staff. But here is what the judge recites so that the public knows in his filing. It's on page 10. In its indictment, the state alleges that Mr. Meadows committed, or communicated with several Republican operatives, both inside and outside of Arizona in furtherance of the scheme to overturn the results of the 2020 election. Mr. Meadows incorporates these facts in his notice of removal. In particular, Mr. Meadows quotes the state's allegations that Meadows confided in a White House staff member that Trump had lost the election, but that Meadows nevertheless wanted to continue fighting the election results in order

to pull this off for Trump. Get that point in the indictment? He knew that Donald Trump lost, but he wanted to try to, quote, pull it off for Trump. That Meadows received text from Kelly Ward, the chair of the Arizona Republican Party and one of the alleged fake electors who's been indicted, indicating that Ward felt that the Trump campaign's lawyers in Arizona were afraid of being blackballed by the left and were engaging in a total cop out, that Rudy Giuliani, Ward and others contacted Mr. Meadows regarding overtures that he had made to the Maricopa County Board of Supervisors,

including one such call from President Trump to Clint Hickman, the chairman of the Board of Supervisors. Now you got Trump calling into Arizona as part of the furtherance of the criminal scheme, involving various Republican-controlled state legislatures rejecting their state's votes and instead opting to send their own slate of electors to the Electoral College, to which Meadows responded from the indictment as quoted in the Notice of Removal.

I love it. The state also introduced evidence at the hearing in front of Judge Tuckie relating to the prosecution that Mr. Meadows messaged an individual in Georgia instructing him to explain to a second individual how the Republican elector strategy was to unfold, that after receiving complaints from Ward that their attorneys were freezing her out, Mr. Meadows responded that he will push them, which he promptly did, that Meadows procured Governor Ducey of Arizona's phone number so that Giuliani could reach him about the election results in Arizona, that Meadows wrote a senior

Trump campaign official, that we just need to have someone coordinating the electors for the states, all on page 11 of the order, that Mr. Meadows in response to a text from Senator Mike Lee regarding the alleged fake elector scheme responded, I'm working on that as of yesterday. And that he texted Congressman Jim Jordan regarding the plan to have Vice President Pence embrace the fake electors. I've pushed for this, not sure it's going to happen. That's all from the order. Have you heard about NAD+, it's a molecule in every cell of your body and it's critical to aging well. NAD plus helps keep us feeling youthful by promoting cellular energy, maintaining healthy DNA

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and I'm appreciative of it that they are sponsoring this podcast and I am proud to absolutely have them be our sponsor. So go boost your NAD plus levels up to 50% and go to qualialife.com slash law for up to 50% off and use code law at checkout for an additional 15% off. That's q u a l i a life.com slash law for an extra 15% off your purchase. The judge said that I know you want to make this all about being the chief of staff, but you've got two reasons I'm going to reject this notice of removal after hearing.

One, you're late. You're 18 days late. You've got to file a 30 days after an arraignment. You filed it on the 48th day and your excuse as well as waiting around for the United States Supreme Court to rule on President Trump's immunity decision. What does that have to do about filing a one page notice of removal on time under the federal rules? The judge wasn't having anything of that. He also said, well, we were negotiating with the Arizona Attorney General to try to see if we could get out from under these charges. That's also not an excuse for

not timely filing a piece of paper in federal court. As the judge noted, lawyers in my court, in federal court, and in state court, know you got to dual track things. You know, you can negotiate, you can have settlement conferences, you can try to make proffers and get out from under criminal proceedings, but you got to make all your deadlines or you got to get an extension of time.

Although with a notice of removal, you got to hit it on the mark. There is no extension of time that a judge can ultimately give you. He can't say, yeah, file it 15 days late. And so Meadows, for whatever reason, his lawyers made a major screw up. They should have filed the notice of appeal

within the 30 days of the arraignment, not 48 days, and made the argument. But also ultimately, Judge Tuckie is telling the parties, including Meadows, you would have lost anyway. Even if you had filed on time, I am not convinced that any part of the indictment relates to your, the color of your office, your job description, your scope of duties. And he also points to the Georgia case, the 11th circuit, which said the exact same thing.

So that's what Meadows is always trying to do as taking the page from his boss, Donald Trump. He's always trying to rewrite and minimize what he did. I'm just exercising first amendment right. I'm just chief of staff scheduling who gets what for lunch. Who got the Tuna salad? Who got the hummus? That's not what he was doing. The judge laid out in the indictment and things that Mark Meadows mentioned in his own papers that he was doing to try to overthrow and overturn the will of the people.

That's why you're indicted Mark Meadows. At least you should know why you were indicted. The indictment is supposed to put the defendant on proper notice under our system of due process and our system of constitutional protections. And it did. It's a speaking indictment. It laid out exactly the evidence at the hearing.

Mark Meadows got more evidence, which might've been part of his gambit to try to get more evidence so that he had it. And the judge says, if you got an argument, for instance, about immunity, that you think somehow Donald Trump, the president getting immunity for a lot of his actions through the Supreme Court decision in July, and you wanna use that,

you put that in a paper called a motion to dismiss, and you can file that in state court. You don't have to file that in federal court. See, the reason they wanna try to jump the tracks and hijack the case and bring it over to federal court is they want to get to the federal appellate courts, and they want to get to the federal Supreme Court, and they want to get out of the Arizona Supreme Court. They want to take it over there, but you have to have a right, you have to have a ticket, you have to have a way to enter the front door of the federal courthouse. And the only way

you can do it if you've been prosecuted properly in a state court proceeding is if you are, in this case, a federal officer who has a federal defense and the actions of the indictment that make up the indictment relate to your official conduct in the color of your office. But none of that is present here. And that's what the judge is telling Meadows. You were late and on that grounds alone being 18 days late on the filing of the notice of removal, I could deny it on that ground alone.

But let me go further, mister. Let me go further, Mr. Meadows, and tell you that you would lose anyway, because there's no way you did this under the color of your office. And that's why the judge went through in laborious detail, in painstaking detail, all the indicted facts, all the facts of the indictment against Mark Meadows.

What's gonna happen next? I know people like that on Legal AF as well. Here's what's gonna happen next. Mark Meadows isn't gonna like that answer. So he's gonna take an appeal to the Ninth Circuit Court of Appeals, which sits in California and also sometimes in Arizona, which is responsible for this.

And now you've got effectively two different potential circuit courts that are going to be in conflict or in harmony. The 11th Circuit Court of Appeals, which ruled against Mark Meadows, fundamentally finding by its chief judge, Judge Pryor, on the Georgia case that Mark Meadows couldn't even use the federal removal statute because he's a former federal officer. By the time he got indicted, he was no longer chief of staff. And they made the ruling after 200 years or whatever it was that only current federal officers can even use the

statute. And then they went through the analysis, similar analysis, and said even if that weren't the case you would lose anyway. So the 11th Circuit is there. The 9th Circuit in three months, six months, nine months is going to have full briefing and a ruling there. And in the meantime, Mark Meadows has asked the United States Supreme Court to take up his removal loss at the 11th Circuit to make a final definitive ruling. The term hasn't started yet. They haven't decided to take that case yet. In order to take the case, you got to have four votes, four out of the nine that think it's interesting and want that case to be heard. And if you don't get the four out of the nine, you're out of luck. So we don't know yet.

We don't know the results of the caucus among the justices yet. They're still on summer vacation. First Monday in October is when the Supreme Court comes back. So we'll have to see what happens. And of course, if the Supreme Court decides to take the case up, some of these other, I think these other case courts like the 11th and of course the ninth circuit will continue. They'll make their decision. And if the Supreme court doesn't like it,

they'll point to the 11th circuit, they'll point to the ninth circuit and they'll make whatever law they're gonna make. That's what we've been watching with the MAGA alt-right of the court anyway. But we'll follow it all. Right now it's a loss for Mark Meadows. We'll find out if the Supreme court somehow bails him out

in this case or in the 11th circuit case right here on Legal AF every Wednesday and Saturday at 8 p.m. Eastern time on this YouTube channel for Midas Touch. Find out what 40 million people a month already know that Legal AF is the home of law and politics analysis and commentary like no other. I defy you to find a show where the lawyers analyze

in an informative yet entertaining way, the things that sit at the intersection of law and politics. Wednesdays and Saturdays, 8 p.m. Eastern time, then pick us up on every audio podcast platform of your choice. So until my next hot take, until my next Legal AF, this is Michael Popak reporting. Heary, heary, 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

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