Legal AF by MeidasTouch - BIGGEST Lawsuit to DISQUALIFY Trump Yet has Now Been Filed

Episode Date: September 1, 2023

Michael Popok reports on growing cries to disqualify Trump from the ballot now, this time with a new Michigan lawsuit that has been filed against the Democratic Secretary of State to ban Trump from the Republican primary and general election ballot arguing that he is disqualified for “engaging” in insurrection or rebellion under the 14th amendment. Head to https://TryFum.com/legalaf and use code LEGALAF to save 10% off when you get the journey pack today! Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

This is Michael Popok, legal AF. The drumbeats are getting louder to disqualified Donald Trump from being on any ballot, primary or general election, because he is disqualified himself under the 14th Amendment of the Constitution, Article 3 by engaging in insurrection or rebellion. Not convicted of it, right? Not after a court has decided just that he has engaged. We reported earlier on at least one other lawsuit that was filed last week in Florida, in Palm Beach County against Donald Trump himself by a tax lawyer, Lewis Kaplan versus Donald

Trump seeking a declaratory judgment that Donald Trump was not eligible. However, what I think is the better case so far is the one just filed in the last day by Robert Davis, an activist who uses the court system to achieve political ends. He is filed against some unique laws in the state of Michigan. And in this case, suing the Michigan Secretary of State, Jocelyn Benson,

a Democrat and former dean of a law school, Wayne State Law School, suing her in her official capacity for what's called a mandamus to stop her from ever placing Donald Trump on the ballot for the Republican primary at all by arguing, and I think correctly, that Donald Trump has engaged, that's the constitutional word chosen by the framers, chose by the people that framed the 14th Amendment and brought it into fruition after the American Civil War. And as it being applied to Donald Trump, I think Davis is on to something. As I've said, another hot takes the right angle for this is to take a page out of the Republican playbook. Don't just file Willie Nilly in any state, find a state that has a unique set

of laws has a judge that's favorable to the position that's being advocated, just like that the Republicans go after Abelene Texas and a right wing right to life first sitting there as a federal judge and abortion issues, find the judge that's in our favor on election issues and bring this particular case. Robert Davis is on to something. Michigan has a very unique set of laws that gives the secretary of state and the party chair person of that, this case, the Republican party, the right to put together a list based on national media reporting of who should be on the ballot.

Some states you have to get signatures and to get yourself onto the ballot, you know, signatures of another of enough voters or you have to pay a fee to be on the ballot. But Michigan gives the power to the Secretary of State. And I think Mr. Davis's plaintiff is onto something because he's got the right Secretary of State. Jocelyn Benson is a lawyer, a dean of a prior, previously a dean of a law school. She is the, she's Democrat.

And just to show you that I think he's right. On the 28th of August, she did a little bit of what I do here on the Midas Touch Network. She went on a podcast and she gave her testimony or her statement about how she would handle the issue of whether Donald Trump should be disqualified. And while she said she's going to follow the law, you can hear in her voice that she's open to the idea of disqualifying Donald Trump under the 14th Amendment. Let's roll the clip from her recent interview on a Michigan podcast. I mean, could a state election officials say, you know, because of Donald Trump and his indictments,

we're not going to let him on our ballot. As you know, that's something that a lot of legal scholars are weighing in on right now. I think the bottom line for me is, we're gonna follow the law, we're gonna follow the Constitution, we're gonna see how these constitutional legal questions which are not cut and dry play out in the months ahead,

not just in the primary process, but with ongoing legal questions as well evolving. So, I would just say to everyone, it's going to be a quite historic election cycle one way or the other. And I think we already see that unfolding with the candidates at play and the debates and the investigations and all the rest, and the criminal indictments are our job in Michigan. As election administrator, it is just to make sure that the process goes smoothly and that we operate by the book,

according to law, in a way that, in issues of, as you just, the example you just suggested, are really novel. We've never really had to grapple with something like that before. How are we doing so that complies with the law and the Constitution, but also is mindful of the precedent that's created, particularly in this era of false equivalency where you have facts and then you have asperger and conspiracy theories and how do we make sure the laws and applied is applied in a way that's rooted in facts and evidence always and aligns

with what legal precedent would suggest. So all of those factors, and then there's a question of who should be the court, should it be ultimately the U.S. Supreme Court who makes decisions like that or ways in on that or in addition to state officials. So I think we should expect to see all of that unfold in the months ahead. And I have said for really since 2020 that this presidential cycle in 2024 is, I believe in many ways, get to be the grand finale of all of the bumps and the challenges we've seen and endured since the 2020 election cycle, be even since 2016. And there's a lot of variables and a lot of unknowns that have yet to play out.

But from my standpoint, from my office's standpoint, from the Bureau standpoint, the law and the Constitution will be our North Star alongside the principles of protecting every voice and every vote for every Michigan. So to be clear, Secretary, is it possible that Donald Trump won't make our presidential primary ballot because of these legal issues? Is that a possibility? I would say there are valid legal arguments being made to that effect, but it's far too soon to really assess the likelihood of that, because a lot of the facts and the evidence

and the legal analysis that all of that would have to lot of the facts and the evidence and the legal analysis that all of that would have to be rooted in have still yet to be played out. But it's something that not just in our state, but colleagues in every state, I mean the Secretary of State of multiple states are having conversations about just that. Democrats and Republicans, with again the clarity that we want to know what the law is and make a decision rooted in that, not in politics, but with the notion of what the reality is in this moment. So I'm talking with folks in Pennsylvania, with Secretary States in Nevada, and even in Maine, people who in Georgia, of course, my colleague Brad Raffensberger, just to kind of get a sense of

of course, my colleague Brad Raffensberger, just to kind of get a sense of what the facts are, what the evidence is, what the timeline is, but knowing there has been now, and there likely will be an ongoing legal question about former president's eligibility to be on the ballot, rooted in the 14th Amendment of the Constitution. There you have it. You've got the right Secretary of State. You've got the right secretary of state. You've got the right set of unique state laws. You've got a perfectly fine plaintiff because he's a voter in Michigan and you have the right constitutional provision being invoked, which is Article 14, Article 3.

This is Michael Popok, legal AF. Colterky may be great on sandwiches, but there's a better way to break your bad habits. We're not talking about some weird mind-voodoo from your wacky neighbor or some sketchy message board. We're talking about our sponsor FUME, and they look at the problem in a different way. Not everything in a bad habit is wrong, so instead of a drastic uncomfortable change, why not just remove the bad from your habit? Fium is an innovative, award-nominated device that does just that. Instead of electronics, fium is completely natural. Instead of vapor, fium uses flavored air. And instead of harmful

chemicals, fium uses all natural, delicious flavors. You get it. Instead of bad fium is good. It's a habit you're free to enjoy and makes replacing your bad habit easy. Your fume comes with an adjustable air flow dial and is designed with movable parts and magnets for fidgeting, giving your fingers a lot to do, which helps with de-stressing and managing anxiety while breaking your habit. The first time I used fume, I was shocked at how flavorful and fresh it tasted. It's easy to hold and perfectly balanced, quite honestly, extremely fun to fidget with. The real wood material and sleek design definitely classes it up, and I feel pretty darn cool

holding it. Stopping is something we all put off, because it's hard, but switching to fume is easy, enjoyable, and even fun. Fume has served over 100,000 customers and as thousands of success stories. And there's no reason that can't be you. Join Fumin accelerating humanities break up from destructive habits by picking up the journey pack today.

Head to trifum.com and use code legal AF to save 10% off when you get the journey pack today. That's tr-y-f-um.com. Use code legal AF to save 10% off the journey pack today. That one has argued because you're hearing a lot about the 14th amendments been going on for over a year, but now the tipping point has been reached. At least two supremely influential federalist society right wing constitutional law professors, a professor body and professor

Stokes have written an article 150 some pages for the University of Pennsylvania law review arguing Donald Trump is disqualified that he has engaged in insurrection and rebellion, that it is a self-actuating, self-proving provision of the constitution that there doesn't need to be at all a congressional Act of Congress. Of course, that wouldn't work under the current makeup of the of Congress. There doesn't have to even be a crime or a Conviction of a crime for insurrection or rebellion because the because the people that put the 14th Amendment together

rebellion because the because the people that put the 14th amendment together lowered the standard baked into the language. It says engaged in. It doesn't say convicted of. And therefore, we don't have to go to beyond the reasonable doubt and find out what's going to happen in the Jan 6 trial in the DC in front of Judge Chutkin or in Mar-a-Lago or in New York or in Georgia with Judge Maca for your Judge Jones against Donald Trump engaged. And therefore, they have put in the hands of people that are responsible for the ballot like the Secretary of State Benson and Michigan, the power to look at the evidence that's presented, both by Jan 6th, the Jan 6th Committee and what's just located in the indictment, returned by four different grand juries against Donald Trump to find that he

has engaged in rebellion and insurrection, but that's enough. And that's enough body of evidence. Now you did hear Benson, the Secretary of State of Michigan say she's already in consultation with fellow secretaries of state. She mentioned by name Brad Raffin's perger in Georgia, who's a lead witness for Fony Willis and Jack Smith in their prosecutions and their criminal cases against Donald Trump. You also heard her say that she's been talking to other states as well. She mentioned Nevada, she mentioned New Mexico,

she mentioned Pennsylvania, and of course, again, back to Brad Raffinsburger, secretaries of state, states talk, and they talk about what to do. And you hear she's struggling a bit, but seems to be leaning on the side of, I'm open to the suggestion that Donald Trump should be banned in barred for the Michigan ballot for the violation of the

14th Amendment if that's where the facts lead us. Now she did say, because look, they would love a fig leaf, all these secretaries of state, wouldn't it be nice if the US Supreme Court weighed in on this? And they may ultimately, if a suit like Mr. Davis's and Michigan, Mr. Kaplan's in Florida, right, the other attacks and others in other states is successful. Donald Trump is going to intervene in those cases and try to take an appeal all the way up to the US Supreme Court and the issue of his qualifications or his eligibility to be on the ballot.

So one way or the other, it will make its way first through the state Supreme courts and places like Michigan and Florida, or federal courts in Florida, because it's been filed in federal court, and then on the way to the US Supreme Court. I think as compared, comparing the two cases that have currently been filed in the last 10 days,

Mr. Kaplan's case in Florida and Palm Beach County. Mr. Davis's case in Michigan, a stronger case for me is the Michigan case by Mr. Davis. First of all, I don't really like the fact that Kaplan in Florida has sued Donald Trump directly under what's called a declaratory judgment type lawsuit, asking a judge, a federal judge, to declare the rights of the respective parties. I don't think that's how that should work. The people that are

responsible for gatekeeping, the names of people like Donald Trump on the ballot is the place to go by filing a mandamus action, compelling them to do something, or restraining them from doing something. That's what a mandamus against a person in their official capacity means. In this case, the Secretary of State and Michigan responsible for putting names on ballots is the proper place in her official capacity to sue Miss Benson. You got the right Secretary of State, as I've said, as opposed to relying on a federal judge looking at Lewis Kaplan and Donald Trump. And Lord knows who's going to intervene in the case for Donald Trump, which lawyer, which law firm

is it going to be Chris Keiss? Is it going to be John Loro? Is it going to be Todd Blanche or some other local Schmokal lawyer, professional term that they find at the last minute to try to argue the case. In Michigan, you don't have that problem. It's very local. It's very parochial. The case and the type of action that's been filed. And I think that's a better place to be. Now, Donald Trump, at the moment, could try to intervene in the case in order to argue that he has rights that needs to be in front of the court, and he needs to be in front of the court in order for the judges to make the proper decision. But I would rather have, Davis versus the office of the secretary of state and the lawyers,

in this case, the attorney general for the state of Michigan, again, a state headed by Gretchen Whitmer, a democratic, a blue state litigating this issue and getting a win under our belt on the application of the 14th Amendment Article 3. I'm going to follow along with the other co-anchors on legal AF issues related to the 14th Amendment and the ground swell, the tipping point that's starting to happen here against Donald Trump and finding that he is engaged in insurrection or rebellion. And it's coming from the right, not the left. You've got the constitutional law professors that wrote right now, the seminal, the leading piece, the bedrock piece that will be

cited in lawsuits like Mr. Davis's lawsuits, like Mr. Kaplan's, anything that goes up to the Supreme Court, right? By the advocates, by the enemies, everyone will cite this well-researched analysis by Professor's Body and Stokes. And then you have people jumping on board like the right-wing conservative Federalist, Federalist Society lion, Judge Luttegg, who is the one that advised and guided Mike Pence not to succumb to the pressures and the pressure campaign by Donald Trump and not certify that election. That's because retired judge, federal judge Lutteg, right, who a lot of the US Supreme

Court either clerked for or clerked for somebody that clerked for him. That's how well respected he is. So with Ludwig Sesset, the ears prick up, right? At the US Supreme Court, with Federalist Society right wing constitutional law professors, who are originalists, who claim to be able to divine the original intent of language of of framers and founders

and Bill and amendment makers long since dead, who many of which were powdered wigs or other local historical clothing, when those people start writing things against Donald Trump, right? That's the death now. Then you start getting Donald Trump to circle the drain. And that's what this hot take is about the new lawsuit by Robert Davis and Michigan against the Secretary of State, fast on the heels of the federal lawsuit in Florida. And now we know from the clip I played of the podcast of Miss Benson, the Secretary of State,

Secretary of State Benson, that she is talking to others, including the Georgia Secretary of State about what to do, about the problem of Donald Trump and the fact that he may have engaged in insurrection or rebellion. Follow me, Michael Popak on all things social media. Watch my podcast, Legal AF on Wednesdays and Saturdays. I co-anchored it. I co-found it. I do it with Karen Friedman, AgniFellow on Wednesdays. I do it with Ben Micellus on Saturdays, I co-anchored it, I co-founded it. I do it with Karen Friedman, Agnifalo on Wednesdays. I do it with Ben Micellis on Saturdays.

You can only get it one place, this place, the MidasTouch Network on a free subscribe YouTube channel. Pushing towards two million, help them get there. Go on to www.mitistouch.com for everything related to MidasTouch, including our audio, content, and things like this. Follow me, Michael Popock in one place on social media at MSPOPOC.

And if you like what I'm doing here, give me a thumbs up. It helps with the ratings, which are algorithms related to podcasts and hot takes until the next hot take is Michael Popock, legal AF. Hey, Midas, Mighty. Love this report. Continue the conversation by following us on Instagram. Af might as touch to keep up with the most important news of the day. What are you waiting for? Follow us now.

you