Legal AF by MeidasTouch - BREAKING: Trump MISSES Big Deadline in Federal Court

Episode Date: May 8, 2023

Michael Popok of Legal AF reports on breaking news that Trump failed to meet the Court deadline in the E. Jean Carroll case to file a motion to reopen the case and testify as a live witness, meaning Trump won’t be “confronting” E. Jean Carroll in a courtroom or anywhere else, despite telling the media that he was on his way back to the States to do just that. SUPPORT THE SHOW: Shop LEGAL AF Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

This is Michael Popok, legal AF Donald Trump has missed a Sunday deadline set by the judge in the E gene Carol case against him, which goes to the jury on Monday the judge having given him until five o'clock today to file a motion to reopen the case and testify in person before the jury gets the case in deliberation. Five o'clock came and no such motion was filed, which of course is the judge calling Donald Trump's bluff after the judge was informed. Last Wednesday and Thursday about Donald Trump's comments, and we have a video clip of it,

while he was in Ireland and Scotland opening some sort of golf course in which he yelled out to the press that he was more than ready and was coming back to the States to confront E. Jean Carroll. That was a lie. It was a lie when it was said that the judge heard about this, brought it up to Joe Takapina in the courtroom on Thursday and said to Mr. Takapina, what am I to make of your clients protests on the internet and in his video clip, in which he says he wants to come back to confront

E. Jean Carroll. I thought you told me, Mr. Takapina, that the defense had rested and that your client had waived his right. And then we'll find out what happened next. Let's look at the clip first of Donald Trump claiming that he's running back to the United States the confront aging Carol after leave Ireland and I have to leave Scotland we're in great properties after leave early I don't have to but I choose to will you attend the trial mr. President probably attend and I think it's a disgrace. It's a disgrace that it's allowed to happen. It's a false

accusation against a rich guy or in my case against a famous rich and political person that's leading the polls by 40 points and I have to go back for a woman that made a false accusation about me and I have a judge who's extremely hostile and I'm going to go back and I'm going to confront this with this woman as a disgrace and it shouldn't be allowed to happen or I can't see it. Well, we've seen the clip, judges seen the clip, so he said to Joe Takabina, what am I to make about this? What am I to make of this?

I thought you rested. I thought you were filing a motion to try to get this case away from the jury. It had entered as a matter of law, which you could only do when when the case is completed. And Joe Takapino said, as only Joe Takapino, Joe Takapino can say, judge, you know what I'm dealing with here with this client. Let's let that land on the table for a minute. Now the judge shook his head and said, okay, I'm going to bail you out here, Mr. Takapina. This is my words, not the judge, but he put it on the record as follows. We're going to give your client until five o'clock on Sunday to file a motion to reopen. Let's put up the actual order from

the judge. It's what's called a minute order. Only appears in a docket entry for the particular case. We'll give you until five o'clock to file the motion to reopen the case for the sole purpose of testifying as a witness. And we talked about this just yesterday on the podcast on the Midas Touch Network that I co-founded, I co-anchored, called Legal AF, at the weekend edition with Ben, my cellist, and me, and I said out loud that five o'clock was network that I co-founded, I co-anchor called Legal AF, at the weekend in addition to Ben, my cellist and me, and I said out loud that five o'clock was going to come and go, we'd never see that motion, and that Donald Trump was never going to walk through the doors of that courtroom and testify alive in front of that jury. And we were so right on that prediction

exactly. Now, at the same time that we've had the failure of Donald Trump to make good on his threat to confront E. Jean Carroll in person, because we know he's a coward. We now have, of course, as we've had for the entire seven or eight days of the trial, a complete empty chair sitting over at the defense side. All the jury's been able to see, all the jury has been seeing is Joe Takapina, Chad Sieagull, and Alina Haba, who's done absolutely nothing in the case, despite her appearances all over the news media, she's done absolutely nothing. And I mean absolutely nothing. Alina Haba, as I like to joke, has done as much in that trial as I have, and I'm not even there. So she's not going to be doing the closing because she hasn't done a witness. Perry Brandt, who they parachuted into the case,

Donald Trump brought in from the Midwest in Kansas City. He took one witness. He crossed exam at least a bird buck. I doubt he's doing the closing. I think they're going to ride the horse that they that they brought into the trial. Joe Takapina, who did all of the major witnesses, Cross-Examined E. Jean Carroll, and I think he's going to be doing the closing argument. Now, it's great for E. Jean Carroll's side of the case, Robbie Kaplan, her lawyer, Sean Crowley, her lawyer, Mike Farara, her lawyer, because they can all, who's ever doing the closing can say, we told you he was never going to show up, and he never did. Look at that empty chair. He doesn't care about justice in this case.

He doesn't care about what Eugene Carroll has to say on to Oathe doesn't care about you, ladies and gentlemen of the jury. He chose not to do his job while you were doing yours for justice. That's going to be part of the closing. I assure you on Monday, along with all the other things they're gonna say about the promises that Donald Trump's lawyers, Joe Takapina made an opening, promises, checks that he wrote that he could not cash during the trial because none of the witnesses

went the way he said. And none of the things that he said would happen happened during the trial and the plaintiff's team is gonna remind the jury all about that. And believe me as a practicing trial lawyer, I can tell you that the jury is pissed, pissed, that they've showed up every day, sworn in and done their, and their job, and their other job,

and their other job as citizens, as family members, as people that work, and Donald Trump didn't even bother coming in at all. So we have that. And then we had, as we also predicted on legal AF, at the close of evidence for E. Jean Carroll, meaning the plaintiff. When the plaintiff rests, the judge asked the plaintiff's attorney after they presented all of their witnesses, all 11 witnesses in this case, and all the evidence is now in

and has been admitted into evidence. The judge turns to the plaintiff's counsel's table and says, does the plaintiff rest and they said they rested. At that point, as expected, Joe Takapina and the defense got up to make what's called a rule 50 motion, 5-0, under the federal rules of civil procedure. We'll put it up on the screen for those that follow these types of things like we do. Basically, it says, and I'll summarize it, at the close of evidence for the other party. This case, the plaintiff, the defense can ask the judge for a ruling in their favor. The defense is favor as a matter of law arguing that no reasonable juror, no reasonable jury, we have nine

jurors here, would find for the plaintiff under the evidence that's presented. That was their argument. Let me remind everybody that's just following the E. Jean Carroll case for the first time. There were 11 witnesses that were presented. All of them were presented by E. Jean Carroll. No witnesses, I mean zero, goose egg, were presented by E. Jean Carroll. No witnesses, I mean zero, Gooseg, were presented by Donald Trump.

None. The one witness they had, which was some sort of expert witness, some sort of psychological expert got sick. I'm not making this up. Got sick and never testified. So put all 11 witnesses on the side of the scale. If you're balancing the scale here on E. Jean Carroll. So in other words, the defense defended this case entirely

from their back foot in cross examination of witnesses that weren't theirs. So let's just remind everybody that they have to get, the plaintiff has to get a 9-0 vote. This is a unanimous jury because we're in federal court. They have to go, they have to get the plaintiff has to get a nine oh vote. This is a unanimous jury because we're in federal court. They have to go and they have to run the table and they have to go nine oh, but the burden on them is not the burden in a criminal case. That is beyond a reasonable doubt. We are not at beyond a reasonable doubt. We are at

preponderance of the evidence that it's more likely than not that Donald Trump sexually assaulted E. Jean Carroll and worse in that dressing room in Bergdorf Goodman's in the spring of 1996 and that just means if the scales of Evidence are balanced equally between the two parties There just needs to be a feather on one side tipping it ever so slightly in favor of the plaintiff. And with the, or as my co-anchor on illegal AF said, let's remind everybody, defense presented

no evidence. So it's not even preponderance of the evidence. It's all the evidence was presented by E. Jean Carroll in this case. And now the jury of nine, six men and three women are going to have to decide because the judge denied, denied the rule 50 motion for a judgment to take it away from the jury. There was no way on God's green earth judge Kaplan was going to remove the case from the jury's hands and deliberations and and determine that no reasonable jury based on the evidence

would find for the plaintiff. I mean, it's really the opposite. I mean, my view is no reasonable jury having heard the evidence could ever sigh with Donald Trump. And that, we think, is gonna be the result when the jury finally gets the case is charged with the law on Monday or Tuesday goes into deliberation and then returns a verdict.

And just to talk about the verdict for those that are wondering, let's say it's 9-0 in favor of E. Jean Carroll. They'll then have what's called a special verdict form to fill out, to answer the question, do you find for E. Jean Carroll on the sexual assault claim, the civil sexual assault claim?

Yes or no? If yes, go to the bottom and fill out damages for her. Do you find that she was defamed, right? Something that was false was said about her. It caused her damage by Donald Trump after he was president when he put on social media that it was a hoax, that she was a fraud, that she was lying, that this never happened, this was made up, that she was doing it for the money and all those other things.

Do you find that that was a defamatory set of statements? If yes, go down the bottom and fill out how much you'd like to award her. Now, E. Jean Carroll put on an expert witness that said that the damages to her were at least almost $3 million in terms of professional reputation damages. The other damages for pain and suffering and all the other things that's going to be up to the jury. That's going to be up to the jury.

Both lawyers are going to go up there and put a number on the board. The plaintiffs are going to write a number on the board. Please award our client if you find for her and you should. The number is x and that number is going to be north of $3 million. I don't know if it's 10, 50 or 100. It's going to be north. They're also going to seek punitive damages. So that'll be a multiple of that. And then the defense, because that's what they're going to have to do. They're going to have to argue for zero. They're going to have to argue even if you believe and you find against Donald Trump,

she hasn't been damaged. Good luck with that argument to a New York Manhattan jury if they find for E. Jean Carroll on one or both of her cats. We'll follow it just like we follow everything on the Midas Touch Network. I do these hot takes about every day, if I'm not doing them every day or every hour, my co-anchors, Ben Myceles, Karen Friedman, Ignitfalo,

they're doing it. And then on Wednesdays and Saturdays, we've got the leading podcast devoted to law and politics, those politically charged litigation matters that you care about, that matter. We bring them to you. We cultivate and curate the best five or six stories at midweek.

I do it with Karen, who's a former top prosecutor, and on Saturday, I do it with Ben, my Salis. You can get it on YouTube. We do the video version of it. You can get it on audio every place that you can get your audio from. If you like what I'm doing, like these kind of hot takes, and you want this content to come to you uninterrupted,

give me a thumbs up, write a comment. I may even talk back to you in the comments section. I've been known to do that. And then you can follow me on all things social media at MSPOPOC. This is Michael Popoc, LegalAF reporting. Lock him up. Indytment season is upon us.

Celebrate with the new indictment season, T-shirt and V-neck exclusively at store.mitustouch.com. season is upon us. Celebrate with the new indictment season T-shirt and V-neck exclusively at store.mitustouch.com.