Legal AF by MeidasTouch - Appeals Court Quickly Delivers CRUSHING BLOW to Trump

Episode Date: December 29, 2023

MeidasTouch host Ben Meiselas reports on the recent ruling by the Second Circuit Court of Appeals denying Donald Trump’s stay request in the E Jean Carroll case set for trial in January. Go to https://neurohacker.com/legal for up to $100 off Qualia Mind and use code LEGAL at checkout for an additional 15% off any purchase! Visit https://meidastouch.com for more! 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

The second circuit court of appeals just issued an order that is a crushing blow to Donald Trump's attempts to try to derail the eging carol defamation case for going to trial in mid-January. Let's take a look at the order by the second circuit court of appeals. Here's what it says. Apellant, Donald Trump, moves to stay the issuance of the mandate and to stay district court proceedings during the pendency of the remaining appellate proceedings. A pelle moves the court to issue a mandate on January 5th, 2024.

And or enter an order confirming that the district court otherwise maintains jurisdiction to proceed with this case. It is here by order that the motions are denied and folks, what this means in layman's terms is that Donald Trump is not able to delay or stay the mandate. He's not able to delay or stay the district court proceedings, the trial from happening in January. That's what Donald Trump was trying to derail. You'll recall that E. Jean Carroll previously prevailed in the first defamation case where she received a verdict

in her favor of $5 million, a jury in that case found Donald Trump liable for defamation and sexual abuse. The defamatory statements related to statements Trump made in October of 2022, and under New York's adult survivors act, it revived the statute of limitations on E. Jean Carroll's sexual abuse claim. The jury found Donald Trump liable for basically the equivalent of civil rape and $5 million was awarded to E. Jean Carroll. This is the

other E. Jean Carroll case, which was actually filed before the other case, but there was various other appeals processes that took place. So it took a longer time to go to trial. Then at the last minute, Donald Trump and his lawyer, Alina Haba, tried to assert absolute presidential immunity as an affirmative defense to derail this eging carol defamation case based on statements Donald Trump made while he was in office back in 2019, disgracing the office. Donald Trump tried to derail this case from going to trial by asserting absolute presidential immunity. The district court judge who's presiding over the matter and presided over the other trial

judge, Kaplan rejected it. Donald Trump appealed to the second circuit court of appeals. The second circuit court of appeals affirmed the district court judge Kaplan's ruling. And the second circuit found that Donald Trump waived the ability to assert absolute presidential immunity as a defense because his lawyers, including Alina Habba, failed to assert it in a timely manner that they waited about three years before ever even asserting absolute presidential immunity as a defense. To assert absolute presidential immunity as a defense, it would have been one sentence that could have been on the answer that Donald Trump filed many years ago to simply say

Donald Trump here by asserts absolute presidential immunity as an affirmative defense. Had he put that sentence on a pleading paper, he would not have waived the affirmative defense, whether or not he could have then asserted it is another question, because then you would go into the analysis of whether his defamatory statements fall outside the outer perimeters of presidential authority

by engaging in the defamatory statements, but the second circuit ruled on a much narrower ground that Trump even waived the right to assert it because they didn't put that sentence in their briefs for a three year period. So after losing in the second circuit court of appeals, Donald Trump then sought to stay the mandate, basically stay the ruling by the second circuit court of appeals. And the mandate being sent down to the district court basically instructs the district court, hey, the court of appeals, your bosses who supervise you district court, we've made this ruling, go ahead, you're good to go, start the trial. We've made our ruling here it is.

So Donald Trump wanted to stay the mandate and he why? Because everything with Donald Trump is delayed, delayed, delayed. And Donald Trump argued in his petition for an emergency stay, which I guess was such an emergency that Donald Trump could in spell emergency correctly. Here's the brief that Donald Trump filed back on December 21st. You'll remember we covered this here at the Midas Touch Network. It was member random in support of emergent motion. I think they meant to emergency, but emergent motion for stay of mandate and stay of district

court proceedings. And Donald Trump had the audacity to argue to the second circuit that because, not making this up, because special counsel Jack Smith, he's connecting it to Jack Smith in the E. Jean Carol case, he goes, because special counsel Jack Smith in the Washington, DC criminal case went directly to the United States Supreme Court and found the issues of absolute presidential immunity so important in the Washington DC criminal

case. Remember, Donald Trump opposed special counsel, Jack Smith going directly to the Supreme Court on Donald Trump's own appeal in the Washington DC criminal case. We'll try to argue because Jack Smith found it so important in such an emergency. Therefore, second circuit, Donald Trump is citing Jack Smith as precedent or citing Jack Smith as authority about why you should stay the mandate while Donald Trump spends 90 or so days to contemplate whether or not he will be going to the Supreme Court on the issue of absolute presidential immunity in this e-gene carol case.

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That's neurohacker.com slash legal for an extra 15% off your purchase. Thanks, neurohhacker for sponsoring today's video. Second circuit was like, no, we're not going to give you 90 days to contemplate whether or not you're going to be filing a petition for Sertier-Rory before the Supreme Court for them to hear the appeal that we just granted, the appeal that we just rejected and the mandate that we just rejected here. And the second circuit said, no, we're rejecting the mandate.

We're gonna send it back to the district court. But what the second circuit also said is, hey, Eging Carroll, don't tell us when we issue our mandate. Like, we're gonna do us when we issue our mandate. Like, we're gonna do it when we do it and we hear you, but we're just gonna go about our business the way we normally would do it. And so I expect the mandate to issue any day now, it could even happen while I'm making this video,

but I expect with this means is that the EGN Carol case is going to go for trial as it's scheduled for in January. This sets up a very interesting dynamic though now because what would you expect Donald Trump to do? He's going to do anything possible, right, to delay the E. Jean Carol case because it's facing a massive defamation case there after he was found liable in the first defamation case, he then defamed E. Jean Carroll again, which that can be considered one of that so-called CNN town hall. That can now be considered in the punitive damages phase against Donald

Trump in this E. Jean Carroll trial that's coming up. You have E. Jean Carroll utilizing the same expert that Ruby Freeman and Shea Maustid in the Giuliani defamation case where they were awarded $148 million. I think the damages against Donald Trump in the new defamation trial, I said before I could see the jury awarding anywhere in the range of, you know, 510, 15, 22 with punitive damages close to $100 million against Donald Trump. And potentially even more than Giuliani, if you get a runaway jury, that's just so limited at Donald Trump's behavior.

So now what does Donald Trump have to do if he wants to try to derail this case in the E. Jean Carroll trial from going to trial. Now that the second circuit said, we're not staying this. We're not stopping it. You, you know, district court, we're going to issue our mandate. Don't tell us when to, but I think that basically means trial is going to happen in January. So now if Donald Trump files a petition for Sergio or a re with the Supreme court directly, and then he's going to have to argue to the Supreme court, hey, you need to hear this on an emergency

basis, right? That's what he would have to argue. Supreme court, please hear the issue of absolute presidential immunity on an emergency basis right now because this trial date scheduled in January in the E. Jean Carroll matter. But now let's connect the dots. Let's connect all of our legal learnings here on the Midas Touch Network in legal AF. When Donald Trump does that, that actually has ramifications on Donald Trump's positions

of trying to delay the other cases, the special counsel Jack Smith case, because if Trump says that's an emergency Supreme Court, you need to hear E. Jean Carroll absolute presidential immunity. What special counsel Jack Smith going to do after the DC circuit court of appeals makes its ruling affirming Judge Tonya Chutkin's denial of Donald Trump's motion to dismiss the indictment in the Washington, DC criminal case where Donald Trump asserted absolute presidential immunity. What's going to happen there? Special counsel, Jack Smith's going to say, look, Donald Trump said that it's an emergency with the second circuit, absolute presidential immunity issues. So clearly, it's also an emergency with the second circuit absolute presidential immunity issues. So clearly it's also an emergency here. And Donald Trump previously argued to the Supreme Court when special counsel Jack Smith asked

the Supreme Court to hear the absolute presidential immunity issues on an emergency basis. Trump said there isn't an emergency, right? On Trump's own appeal of the district court courts denial of his motion to dismiss an absolute presidential immunity grounds, Donald Trump told the Supreme Court, hey, chill out Supreme court. Let's let it go through the steps. Let the DC circuit go. And then maybe later we can talk about you being involved.

So the E. Jean Carroll decisions of Trump goes to the Supreme court. Now we'll actually have an impact, I think, on what special counsel, Jack Smith is going to do and Trump's kind of trapped. And you see how he's trapped there. So it's an interesting analysis to see what will happen there. Ultimately, it is possible that the Supreme Court on an emergency basis, here's all of these issues together. Here's the immunity issues before the DC circuit court of appeals, the absolute presidential immunity issues before the second circuit and kind of melds them all together, emerges them all together. We'll see. But definitely not the ruling Donald Trump wanted. He wanted

to delay that eging carol defamation case as far in the future as possible. What are you waiting for? Follow us now.