Legal AF by MeidasTouch - Appeals Court Gives KNOCKOUT BLOW to Trump with Ruling

Episode Date: January 24, 2024

MeidasTouch host Ben Meiselas reports on how the Second Circuit Court of Appeals decision in a case involving Martin Shkreli is now devastating precedent against Donald Trump. Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. Visit https://meidastouch.com for more! Learn more about your ad choices. Visit megaphone.fm/adchoices

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19 plus and physically located in Ontario. If you have questions or concerns about your gambling or the gambling of someone close to you, please contact Connex Ontario at 866-531-2600 to speak to an advisor free of charge or go to connexantario.ca. Please play responsible. The Second Circuit Court of Appeals just issued an order that is absolutely devastating to Donald Trump in the New York Attorney General's civil fraud case where Justice Arthur Ngoran has not yet made a ruling. Justice Ngoran says he's probably going to rule at the end of the month.

But the ruling by the Second Circuit Court of Appeals that's devastating for Donald Trump actually doesn't involve Donald Trump. It involves Martin Shrekely. You remember the farmer bro who went to prison, who inflated the price of drugs like Daraprim, who testified before Congress and invoked his Fifth Amendment right against self-incrimination. Yeah, Martin Schroekeli. So how did an order by the Second Circuit Court of Appeals involving Martin Schroekeli that just occurred, how is that devastating news for Donald Trump and the New York Attorney

General's civil fraud case? Here's how. You see, New York Attorney General Letitia James filed a similar action that was brought against Donald Trump against Martin Shrokely, which led to a lifetime ban against Shrokely from ever being involved in the pharmaceutical industry in New York. It also carried with it a $60 million fine against Shrekely. The case was filed in the federal courts, not in the state courts, but the district court judge found

that the attorney general statute, the same one that was then later used against Donald Trump, but executive law section 6312, statute, the same one that was then later used against Donald Trump, but Executive Law Section 6312 provides the remedy that New York Attorney General Letitia James was seeking against Schroekeli. So Schroekeli appealed that to the Second Circuit Court of Appeals, and the Second Circuit Court of Appeals just affirmed the ruling by the district court, thereby affirming the validity of the statute which Donald Trump rails against, that New York

Attorney General Executive Law, Section 6312. New York Attorney General Letitia James, as she did against Shrekeli, is seeking a lifetime ban against Donald Trump, not in the pharmaceutical industry, but in the real estate industry in New York. And the same way the New York Attorney General's office sought and got a 63 or $64 million fine against Shrekeli, here the New York Attorney General's office is seeking a $370 million fine against Donald Trump.

And so as soon as the Second Circuit Court of Appeals affirmed the federal district court's order that utilized New York Executive Law 6312, New York Attorney General Letitia James immediately sent a letter to Justice Arthur and Goron. This really wasn't reported, although I want to give a hat tip to the messenger who did report on this, Adam Klassfeld, who's been on top of it. We've talked about it here as well when we talked about the closing argument that was given by New York

Attorney General Letitia James' team, they cited the Shrekeli opinion by the district court and noted that there was this appeal being taken as support for the use of this statute so that if Justice Arthur and Goron was ever worried that his order that Donald Trump was going to appeal his order through the New York state court system or through the federal courts and say it somehow violated some federal constitutional right or state constitutional right, there was this Shrekeli precedent, this Shrekeli authority if you will. And now the Second Circuit Court of Appeals granted it's in the federal system, not in

the state court system. Ultimately, Donald Trump would be appealing this decision when it's handed down by Justice Arthur and Gorog to the Appellate Division in New York, not the Second Circuit Court of Appeals. But the fact that a federal Circuit Court of Appeals, but the fact that a federal Circuit Court of Appeals, the Second Circuit, a very prestigious Circuit Court of Appeals is affirming Executive Law Section 6312 in a very similar case, just a different industry,

real estate versus pharmaceutical companies, powerful support for the constitutionality, which I never doubted should be an issue, but nonetheless, Donald Trump's trying to create issues wherever he can. So let's take a look at this letter that was sent by New York Attorney General, Letitia James, immediately to Justice Arthur in Goron.

But before doing so, I can't help but note the similarities between Schroekeli and Donald Trump. This was Farmer Bro, Martin Schroekeli, back in, I think it was 2016, when he testified before the House of Representatives. Watch what he does. Play this clip. I want to ask you a few questions. What do you say to that signal pregnant woman who might have AIDS, no income? She needs Darra Parim in order to survive. What do you say to her when she has to make that choice? What do you say to her? On the advice of council, I invoke my Fifth Amendment privilege against self-incrimination and respectfully decline to answer that choice. What do you say to her? On the advice of Council I invoke my Fifth Amendment privilege against self-incrimination

and respectfully decline to answer your question. You were quoted as saying on Fox 5 in New York, you were quoted as saying, if you raise prices and you don't take that cash and put it back into research, I think it's despicable. I think you should not be in the drug business. We take all of our cash, all of our extra profit and spend it on research for these patients, for other patients who have terrible life-threatening life- ending diseases. Did you say that? On the advice of counsel I invoke my Fifth Amendment privilege against self-incrimination and respect fleet client to answer your question.

Do you think you've done anything wrong? On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question. Did you know that your temperature at night can have one of the greatest impacts on your sleep quality? If you wake up too hot or too cold, I highly recommend you check out MiracleMade's bedsheets. Inspired by NASA, MiracleMade uses silver-infused fabrics and makes temperature-regulating bedding so you can sleep at the perfect temperature all night long.

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four people plus the guy who illegally did the server. You know, he put it in the illegal server. So they have five people taking the fifth Amendment like you see on the mob. Right. You see the mob takes the fifth. If you're innocent, why are you taking the Fifth Amendment? And here's Donald Trump, when he originally invoked his Fifth Amendment rights against self-incrimination in the New York Attorney General's civil fraud case, he later testified on cross-exam and not on direct examination, but this was Donald Trump's testimony

in his deposition play the clip. For all of the above reasons, I respectfully decline to answer the questions under the rights and privileges afforded to every citizen under the United States Constitution. This will be my answer to any further questions. Mr. Trump, the focus of our investigation, and what we are primarily going to cover today, involves the presentation of your statements of financial condition between 2011 and the present.

I take it you are generally familiar with those statements. Is that correct? For all of the reasons provided in my answer, which is incorporated herein, in its entirety, I declined to answer the question. Strikeli Trump. Trump. Strikeli. Here's the letter by New York Attorney General Letitia James to Justice Arthur and Goran. We write to provide the court with notice of supplemental authority.

The recent Second Circuit decision in Federal Trade Communications v. Schroeckely Second Circuit, as the court is aware during closing arguments and included at page 131 of plaintiff's closing presentation, the Office of Attorney General cited to a federal judge's district court decision in the Schroeckely case as case law in support of the relief sought by the Office of Attorney General in this action. Specifically, we cited that upon a finding of violation under Executive Law Section 6312, a court may exercise its discretion to issue a permanent and plenary ban in a particular industry, citing Strickeli. In its appellate review, the Second Circuit unanimously

affirmed in full the district court's order in joining Martin Schroekeli from participation in the pharmaceutical industry for life and ordering him to disgorge $64.6 million. A copy of the Second Circuit decision in the Schroekeli case is not yet accessible in Westlaw, so we have attached a copy for the court's convenience to review. The federal judge also in the Schroekeli case found the following and this was affirmed by the Second Circuit. Given Schroekeli's pattern of past misconduct, the obvious likelihood of its recurrence, and the life-threatening nature of its results, we are persuaded that the district court's determination as to

the proper scope of the injunction was well within its discretion. So here, when Donald Trump inevitably appeals Justice Arthur and Goron's ruling, which we expect to be for the $370 million amount, and it may be also as well for post-judgment and pre-judgment interest. So we could be talking somewhere in the range of $450 to $500 million. I think that you'll have New York Attorney General Leticia James saying this was well within the discretion

of Justice Senghoran, given the obvious likelihood of recurrence and past misconduct. And this exact situation has been affirmed by the Second Circuit Court of Appeals as persuasive authority here. Interesting how the Strickeli appeal is now being utilized by New York Attorney General Atisha James. And as Justice Arthur and Goran said that

he would be issuing his opinion at the end of January, it came just in time. So good news for Justice, bad news for Donald Trump and waiting for that order by Justice Arthur and Goran. I think he's always very prompt, so it comes on the day he says end of January or even earlier. I'm Ben Myselis.

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