Legal AF by MeidasTouch - Appeals Court INSTANTLY CRUSHES Trump’s Last Hope, IT’S OVER

Episode Date: December 5, 2023

A New York appeals court won’t let Trump use them in his attempt to avoid a gag order in the DC election interference case. Michael Popok of Legal AF explains why the NY appellate court just denied Trump’s request for immediate appeal to the NY Court of Appeals, and instead set a briefing schedule that will conclude AFTER DC rules on its gag order AND after the NY civil trial is over. Get up to 50% off for a limited time when you go to https://shopbeam.com/LEGALAF and use code LEGALAF at checkout! 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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so that he can go back to bashing mercilessly the principal law clerk that works with the judge in the civil fraud case over him. Because, you know, he can't sleep at night. If he doesn't get up to bash this poor woman and make sure that his followers for good measure try to assassinate her. That's his goal. And he doesn't want to be stopped. He has to have unfettered ability under the first amendment to speak to his social media followers and to run for office.

That includes bashing mercilessly and doxing this poor principal law clerk. Well, the appellate division said, no, I don't think so. gag order seems appropriate. gag order back in place. And that drove Donald Trump and his lawyers up the wall. And if they could only learn basic appellate procedure, maybe things would have gone differently for them

in the last hour, but it didn't because they filed an app paper, a series of papers with the appellate division first department and the four judges that sat over the case on Thursday and asked them to expedite, unfool briefing and appeal to the court of appeals, which is the highest court in New York. You got to, you got to go first through the appellate panel and get permission to take this kind of interlocatory appeal, this kind of appeal in the middle. It's, you know, normally appeals happen at the end of cases. We're watching a lot of appeals on legal AF involving Donald Trump during cases. That's called interlocatory appeal.

Generally, that's discretionary. The appellate court doesn't have to take that kind of appeal, except under certain circumstances. Certainly, in the state court in New York, you don't get up to the court of appeals anytime you feel like it. You drop your hat, you don't just go to the court of appeals. You got to go back first to the people that just ruled against you on Thursday

and asked the chief judge of the four judge panel, the four justice panel to allow you to do expedited briefing up to the court of appeals and the judge there, the chief judge there, chief judge Daniels. She said, we're not doing it your way. You've got it wrong procedurally. Your procedure is denied. We're going to have to do this on full briefing in front of the full four judges that just ruled against you on Thursday, not a new randomly selected set of judges.

And no, you don't get the benefit of having a, uh, another justice make a decision about whether to grant you a fast track appeal to our bosses at the court of appeal. You got to go through me. I'm the chief judge presiding over your appeal on these issues. And me, Judge Daniels, in a two-line order she just wrote said, we're going to do full briefing, but not full briefing on the underlying issues. Full briefing on whether your're entitled, Donald Trump,

to go speak to my bosses at the Court of Appeals in New York or not. And I'm not going to make that decision on an administrative level. It needs to go to the full merits pedal, all for judges, all for justices of the appellate division first department in Manhattan, have to now decide whether you, Donald Trump, get to take your case at all to the court of appeals. And time is running out because we're in week nine of the trial. In week nine of the trial, the under, remember, there's an underlying trial here, Trump. You're being tried, along with all of your executives and all of your companies and all of your

trusts to determine whether you have committed such persistent fraud intentionally with material representations that all of your businesses real property companies and money should be taken away from you. I mean, there's no other way to put this case. This is the case being prosecuted by the New York Attorney General, the Tisha James. It's civil, meaning she has a lower burden to prove her case. So he's in harm's way. And what does he do? He gets up in the morning and brushes his teeth with his lawyers. I mean, I think they're at separate bathrooms. But he gets up in the morning and brushes his teeth. And he worries about the principal law clerk and how she's running for office one day. And maybe

she's taken a picture with Chuck Schumer and allows her to get bashed mercilessly body shamed anti-semitic tropes hurled at her, assassination attempts, you should go kill yourself, we should kill you and everything else in 250 pages single spaced that was presented by the Department of Public Safety that's responsible for protecting the safety of courthouses and courtrooms and courtroom personnel that was presented to these judges. And these are now the same judges presided over by Judge Daniels who said, you're not doing it this way. I know you want me to do it and you want me to make a decision right now on the briefing

and do a fast thing, but I'm not doing that. We're going to do it on a briefing schedule. So Trump, you, this is according to Judge Daniels, you and your side file a brief and do a fast thing, but I'm not doing that. We're going to do it on a briefing schedule. So, Trump, you, this is according to Judge Daniels, you and your side file a brief by the 11th of December. And we'll get an opposition brief from the New York Attorney General and Solicitor General of New York. Well, let's say middle of January. It looks like January 30 days later. So you give it to us in, let's say, a week, month later, January 11th, we'll have a full briefing, full panel. We'll get back to you with our decision. In the meantime, they all think they got a they have a watch. They know how time works.

The trial is going to be over. This trial is going to be done in about two weeks. The judge and Goron has already set oral argument, which is the last gas attempt by Chris Keiss who's busy spending time bashing the judge, shamelessly calling him out, saying that it's a miscarriage of justice, saying it's a dark day in the history for justice today. In court, the judge was like, it is what it is. Let's move on. As the judge is the trial of fact, that's to make a decision about six more counts of fraud and what to do about it in terms of a remedy and relief

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I mean, you'll know the strength of the case, depending upon if they want a rebuttal rebuttal case at all for the New York Attorney General. They might just say based on what the trial, the defense that's being put on by Donald Trump's lawyers, no further questions, no rebuttal case, nothing there harmed us. Or they'll take the opportunity to get the last word in without gilding the lily, so to speak, and put on a short case, maybe a day or two. They might say to the judge, two days rebuttal case, your owner.

And then that's it. Now or before Christmas, the judge said, take the holidays off. I'll see you in January for oral argument. And the appellate court, which is the first stop they got to get out of this box to get to the court of appeals, has said, yeah. We don't really see this on an emergency basis.

Give us your brief on the 11th of December. We'll see you the other brief in January. Maybe we'll get back to you. In the meantime, the gag order will be over by operation of the fact that the judge is going to enter his order. I think that judge within a day or two of the oral argument is going to hit send on an on a on a opinion that he's already written. He's writing the opinion right now.

He's making adjustments to what he's making references. He's telling his law clerk, I that remember that, you know, mark that transcript for that testimony, mark that piece of evidence. I want to pull all that together. He's building his toolbox for how he's going to rule. Yes, he's open-minded and he's listening to the evidence. But I finished oral arguments, and at the end, the judge hands me literally, okay, you're done. Everybody's done. Okay, here's the order that I've entered, you know, I'm not to say that he didn't listen to the oral arguments or she didn't, but they come in already with their mind made up

unless something extraordinary happens at the oral argument, like really extraordinary. Ugh, the decision's already made. And so the timing here, there's a mismatch, but intentional by the first department, appellate division. They are ruling by not ruling. They are dragging their feet on purpose, and setting a briefing schedule, and not letting

Donald Trump cut corners or skip steps in the appellate process on purpose, right? Because they want the order they've already made made reinstating the gag order to be the law for the circuit for the, for the superior, a Supreme Court in New York, the trial court in New York. And if they don't have to rule on it, because the case is over, let's say tomorrow, next week or the next two weeks, that's all the better than that original order of theirs. They issued on Thursday is the law that governs the, uh, the Supreme courts, trial courts that, that are in Manhattan, that for which that is their

appellate bosses. So we'll continue to follow, yes, my second hot dick on the same issue because this is how quickly justice is moving in cases like this on the gag order. And now with this in place, they've also done something else. One last comment, the appellate division doesn't want to be used by Donald Trump in the DC election interference case where that appellate panel, because of Judge Chutkin in the federal DC election criminal case, also imposing a limited injunction against a limited gag order on Donald Trump. They don't want to be used. They don't want to like make a ruling or do something or say they've granted expedited

relief. And then Donald Trump says in his filings in DC, ah, New York is taking it so seriously, they're doing it on an expedited basis. Screw that. They're not doing it on an expedited basis. And Donald Trump can't crow about anything in his papers. And they know they've been used before because they see how Donald Trump mischaracterizes developments in the various cases when he's reporting something to another court.

He made a big deal out of just his freedman, one judge of the appellate division, granted the stay for a week of the gag order. So what? He also got rejected twice, Justice Friedman. Two of his rulings about Trump got completely vacated and reversed by the full appellate panel. Once they got behind their bench and got behind their seats. Okay?

So it doesn't mean anything. Those are temporary. Those are ethereal. They don't last that long. These temporary orders. And so they don't want to be used as an appellate bench to have Donald Trump distort procedure to let's say the DC court of appeals. And so they're saying, you know what?

Let's get through the, how about another two weeks? They're basically the New York court is basically giving DC the appellate court in DC. Another couple of weeks to issue their order on the gag order, which we expect any moment now. So we'll continue to follow it one place. You're here. The might has touched network free subscribe help them get the two million. I can't believe I'm saying that number two million free subscribers are so close get

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at the mid weekend at the end of the week and tell you about them on legal AF. Yes, the title is what you think. So until my next hot take, give me a thumbs up on this one, helps with the ratings, keeps me around. Until my next legal AF, this is Michael Popeye reporting. Hey, my name is Mighty up on this one. Helps with the ratings, keeps me around. Until my next legal A.F. This is Michael Pope-Bock reporting.

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