Legal AF by MeidasTouch - WOW! NEW LEAK Exposes Supreme Court’s “TRUMP PLAN”

Episode Date: September 16, 2024

We have our 3rd leak of a Supreme Court memo in 2 years, this one fingering Chief Justice Roberts as the culprit who wanted to benefit Trump before the election in giving him immunity, keeping him on the ballot as an insurrectionist, and giving him away to have half his DC criminal case dismissed. Michael Popok analyzes the new reporting in the New York Times and the deadly memo and calls for Roberts to step down as chief justice when VP Harris wins. Try VIIA Hemp! https://bit.ly/viialegalaf and use code 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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This is Michael Popak, Legal AF. We've got another leaked memo coming out of the United States Supreme Court. This one penned by John Roberts back in February, that explains how all three cases involving Donald Trump and our constitutional republic went in favor of Donald Trump. It's all because of Chief Justice Roberts, the power he exerted, the decision for him to write all three decisions. And we got more of the cloak and dagger of the backroom negotiations and discussions within the United States Supreme Court among the nine justices and how we got here.

But the biggest thing here, there's two takeaways from the article written in the New York Times, and I credit for that Jody Canter and Adam Liptaak, and they're reporting two big takeaways here. It was the conservatives, the right-wing alt-right majority, including Gorsuch and Thomas, that wanted to postpone the decision on the immunity decision in favor of Donald Trump until October and not have that be decided before the election. Their thinking, of course, being that if Donald Trump won the election, which it looked like he was going to as early, you know, as late as February of last year based on the polling,

he would dismiss the case anyway, and they wouldn't have to deal with it. It was the liberals or the moderates on the court, led by Sotomayor, that were pushing to have that decision issued before November's the American electorate knew what it was. She just didn't think it was going to go in favor of Donald Trump giving him broad immunity or any future president, broad immunity, putting them above the law. That was a miscalculation that came out in the reading of this particular article on the memo. The second thing we learned from the new reporting, the new secret memo that's been leaked, is that John Roberts had originally assigned, and he

wasn't going to write it himself, the decision about whether the obstruction of an official proceeding was going to write it himself, the decision about whether the obstruction of an official proceeding was gonna stand as counts, criminal counts against Donald Trump. In a case called Fisher versus the United States, an appeal before the United States Supreme Court about whether the prosecutors, the DOJ had gone too far, had gone too far in charging Jan six insurrectionists who attacked and try to burn the Capitol and assassinate elected officials, whether they had gone too far in charging Jan 6 insurrectionists who attacked and tried to burn the Capitol

and assassinate elected officials, whether they had gone too far in charging them with obstruction of an official proceeding. The official proceeding being the Jan 6 day of counting the electoral votes as presided over by the president of the Senate, the then vice president, Mike Pence. That decision apparently was supposed to have been written

by Sam Alito as a assigned by the chief judge. Chief judge makes the assignment usually after figuring out how many people are aligned for which position and where the majority sits. But right after the scandal came out about Sam Alito and his wife flying flags of insurrection, flying flags in favor of the Gen 6 insurrectionists at their various homes, including upside down flags showing SOS, distress for America. That privilege of writing the decision was taken away from Sam Alito and was taken back by John Roberts. That's why John Roberts, as Chief Justice, wrote all three major decisions that benefited Donald Trump in the last term.

The immunity decision that came out in July, that's Trump versus the United States, giving Donald Trump a blanket carte blanche immunity for almost everything that he was charged with except now, we'll see what happens with the new indictment being evaluated by Judge Chutkin. Certainly broad, a broad immunity declaration that's never been done before in the history of the United States Supreme Court. Two, the Fisher decision, which is the one I'm talking about now,

the obstruction of an official proceeding and whether that is going to survive against Donald Trump having been stripped away from hundreds, if not thousands of Jan 6 defendants in their prosecutions. And three, we should not forget the first case that kicked this all off, which was the Colorado ballot case to determine whether Donald Trump was disqualified under the 14th amendment because he participated in an insurrection.

And as an insurrectionist, was he disqualified from the ballot in Colorado, and therefore in other states or not? All three decisions written by Thomas, but the reporting by Liptak and Cantor in the Times, is that the decision, the original decision on the Fisher, on the obstruction of an official proceeding, was Sam Militos. And it was taken back from him potentially because of the bad look and optics of his house flying insurrectionist

flags at or around the time he would have started writing this decision. Supreme Court historians who get all this inside information on a regular basis were sort of shocked. They can't recall ever a time in our history where a chief judge assigns somebody a decision to write and then took it back from them. That's how John Roberts got all three decisions. So now we can completely debunk some of these working theories that I've seen run out there that Chief Justice Roberts is trying to hold the court together, and he's trying to, you know, he's getting pulled hard, alt-right, you know, in this tug-of-war that we're watching in

the public. He really is more moderate or center, or just barely center-right, and that's it. No, that is a lie, and the lie is established by the memo that's now been leaked with John Roberts' own hand on it. John Roberts used his own prerogative and the power of being the Chief Justice to shape the outcome in every case. In the memo written in February, which I kicked off the hot take with, he is excoriating in a scathing rebuke of what the DC Court of Appeals led by Judge Pan, what they had done in their version of the ruling on immunity.

Remember, starts at a federal trial level, that was Judge Chutkin, when it got appealed on immunity grounds, it went up to a three-judge panel. It was really, three judges were Judge Florence Pan, Judge Michelle Childs, and then Judge Henderson. And we think it was a 3-0 vote, although it's a little difficult to tell.

But it looked like it was a 3-0 vote. It took them about a month. It took them 90 pages. They did a detailed analysis. But to John Roberts, it was underwhelming. It was not properly done. In the memo, he criticized heavily the DC Court of Appeals and that three judge panel and said they missed the major issue. This is John Roberts. The major issue was separation

of powers and they did not properly dive into that or balance it or weigh it properly. That was code word for separation of powers means Donald Trump's getting his immunity. And he's getting it before the election and having that case be completely sidelined from being prosecuted by the Department of Justice, which was obviously John Roberts goal. Does this election cycle have your stress at a level 10? Is the lingering summer heat impacting your focus? Looking for some levity but need to embrace life with your hands on the wheel? Enhance your every day with VIA. VIA is a company dedicated to

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in our description and use the code LegalAF to receive 15% off. After you purchase, they ask you where you heard about them. Please support our show and tell them we sent you. Enhance your every day with violence. I've always heard theories. We even had some guests that I interviewed like Judge Ludig who I have tremendous respect for who speculated that John

Roberts was being pulled or dragged over to the right. I don't see it and I don't think a Judge Ludig knew about this memo at the time obviously. It doesn't look like he's getting pulled. It looks like he's leading the court around by its nose. The further reporting in the Times is that Judge Roberts met some resistance in a couple of the decisions, one in his own party, in his own side, in Amy Coney Barrett, who I've already given analysis on prior hot takes, is becoming the intellectual center of the court. She's the moderate now on the court, at least center-right moderate. And she objected to a number of the analysis and draft opinion writing by Chief Justice Roberts, especially on the immunity decision, siding more with the moderates and the liberals and forced major changes. In the beginning,

the votes, for instance, to delay the immunity decision or have it happen before the election were the liberals and moderates joined with Judge Roberts. But as soon as Roberts got the amount of people he needed to make the decision before the election, rejecting Judge Thomas, if you can believe it, Justice Thomas and Justice Gorsuch. Once he had the votes, he ignored Justice Sotomayor, which led her to do the scathing dissents that she has written in all three cases, along with Katanji Brown Jackson. So, the takeaway from this reporting in the Times and the leak of the memo is that John Roberts had an outcome that he reversed engineered to get to in all three cases to benefit one man, Donald Trump, which is something exactly what Judge Ludekid told me in interviews here on the

network. I might as touch on illegal AF that this was benefiting one person in particular and was calculated to do that. And now we have the receipts, now we have the proof in the memo by John Roberts. There's no other way to interpret it. So now it all is coming together. For those that just casually follow Supreme Court developments, you might be thinking, how come we don't hear about memos in other courts or other years? This particular court of John Roberts and in the last two years, this is the third major leak of memos. You're not supposed, I'm not supposed to be able to do this hot take. I'm supposed to do a hot take on my own analysis and my own judgment based on my understanding

and my Supreme Court experience. But I'm not supposed to know about secret memos. I can recall no other court in the last 50 years or more where there's been a leaked memo. There's only been, there's been three leaked memos in the last 50 years. They're all in the last two years under John Roberts. The Dobbs decision where the whole draft of the opinion taking away a woman's right to choose reversing Roe vs. Wade leaked in March before the actual opinion came out in June

or July two years ago. Leaked, a leaked opinion no less. Then we had a memo recently about other abortion and reproductive rights cases. And now we have the third memo that totally explains how the three decisions got written. John Roberts took control of the court and the outcome is exactly what John Roberts wanted. He didn't write them in order to moderate them, in order to ameliorate the effect of them. He wrote them to benefit Donald Trump.

There's no other way to read the article and the memo itself than that. And that is troubling. Although I've been saying consistently that John Roberts is circling the drain of history as the worst Chief Justice, now I just have further proof, further proof from my working theory, my working proof that John Roberts is a terrible, terrible Chief Justice who has been sacrificing his constitutional values, his conservative credentials, whatever those are, and his alleged fidelity to stare decisis and the rule of law has all been sacrificed on the altar of MAGA, MAGA, and to make it easy

for them to get along and have, you know, decisions, many of which that are important to our country and our constitution and our constitutional republic that are five-four, meaning, you know, this is what we're watching, this terrible hand-to-hand combat that's going on behind the scenes of the United States Supreme Court. As Sotomayor gets frozen out by John Roberts more and more, and Amy Coney Barrett kind of rises to the occasion, it's going to become the Barrett Court, much the way that we

called it the Kennedy Court when Kennedy was on the court, Anthony Kennedy, because he was a moderate that was able to, whatever he sided with, he was able to either write the opinion and get into the majority on major, major issues, which is why for years it was called the Kennedy Court. The question was, when Kennedy retired, would there be somebody who would be the swing vote? And who would it be?

Can't be Alito, Thomas, or Gorsuch. They have established themselves firmly, all right and outside the mainstream of thinking. That leads Kavanaugh and Amy Coney Barrett with Roberts. Roberts has advocated his responsibility to be a moderate or to be even a conservative by writing these opinions and the way he did it and the memos he's used to go after and shape the agenda and the outcome. So that's left with Kavanaugh and Amy Coney Barrett. We always said that after the bruising confirmation hearings about Kavanaugh in which women, including Dr. Ford Blassie, testified against him as being a sexual predator, he was

never going to recover from that appropriately. Instead, he's busy sending fawning, kiss blowing to John Roberts in thank you notes as reported in the New York Times about his analysis and opinion writing. So who's the only person that is their own justice that is standing up right, wrong, or indifferent even to the right wing conservatives? Amy Coney Barrett. And we're going to continue to watch her on this court as we move forward. I have a feeling when I'm talking next summer and next fall, I'm going to be talking about the Amy Coney Barrett

Court, not the Roberts Court. If he wants to do the right thing, which he'll never do, John Roberts, as soon as Kamala Harris becomes Madam President, should step down as Chief Justice, allowing her to appoint a Chief Justice that is recognized by all of America as being a Chief Justice for the people and to protect our Constitution. It's the only way. And she's allowed to do a direct appointment to the Chief Justice if John Roberts steps down. I implore John Roberts on this hot take to step down as Chief Justice when, not if, Kamala Harris becomes President,

allow her to appoint the next Chief Justice to shape the result and outcome of future cases to help restore integrity and people's confidence in the United States Supreme Court. It's the only way to do it. And then, of course, there'll be another opening somewhere along the way, and we'll get this court back to five to four and the on the moderate

liberal side with a chief justice that that is that we can be proud of. We don't have to pack the court. We just have to get the right constituency on the court and the right combination of people on the court. Hopefully that'll be done under a Kamala Harris presidency with a with a senate that she sweeps in with her that can confirm federal judges and those of the United States Supreme Court. I'll continue to follow it all on the Midas Touch Network and on Legal AF. Join me Wednesdays and Saturdays at 8 p.m. Eastern time for our recording of the live YouTube version of Legal AF, our podcast where we sit at the intersection of law and politics.

Find out what 40 million people a month already know that Legal AF is the home of a certain brand of analysis on law and politics and commentary that doesn't exist anywhere else on YouTube. 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 and we discuss every day on Legal AF.

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