Legal AF by MeidasTouch - COWARD Trump RUNS AWAY from Closing Argument

Episode Date: January 10, 2024

Judge Engoron in the NY Civil Fraud case has called Trump’s bluff about giving his own closing argument tomorrow, and Trump as always has blinked and will not speak in court after all. Michael Popok of Legal AF reports on new emails between the Judge and Trump’s lawyers in which the judge gave Trump a “take it or leave it” deal, and Trump ran from it. Head to https://TryFum.com/legalaf and use code LEGALAF to save 10% off when you get the journey pack today! Visit https://meidastouch.com for more! Learn more about your ad choices. Visit megaphone.fm/adchoices

This is Michael Popok, legal AF did anybody really think that Donald Trump was going to present any part of his closing argument at the $370 million civil fraud case tomorrow in New York before Judge Engoron? No. And now Judge Engoron in a series of email exchanges with Chris Keiss, the lawyer for Donald Trump has completely shut the door to that charade and called out Donald Trump for what he is, which is a coward. Now let me remind you, before we get into Donald Trump presenting his own closing argument has been rejected by the judge, which I guess is a headline somewhere. Let me tell you how we got here.

First of all, to remind you that in 11 weeks of the trial, Donald Trump had an opportunity to swear under oath, take the stand and testify on his behalf and his case as the defendant in the case and refuse to do it. Came up with all sorts of excuses after threatening to testify, never testified under oath because he doesn't want to do anything under oath. He wants to do it on the courthouse steps. He wants to do it at press conferences. He wants to do it for maximum impact with little or no responsibility.

And so he wants to give the closing argument because that's argument that's generally reserved almost always exclusively for lawyers who yes can refer to the evidence, but they get away with a lot in argument. It's not under oath. It's lawyer argument. And Donald Trump wants to use the lawyer argument vehicle to attack the New York Attorney General attack the judge attack the principal law clerk the evidence, and just do a campaign rally. And the judge wasn't having any of it.

How do we even get here? And why are we first hearing about it? Well, it started pretty innocently, as most things do, with a series of emails. It was started by the principal law clerk, just doing her job, working for judge, and go on right after the holidays, letting everybody know that the courtroom that they had used before was currently being used by the New York Attorney General for a case against the NRA and that it had been arranged a little bit differently and talking about closing arguments, how long people needed who was going to be arguing and just simple logistical things like that. So it starts with a January 3rd email, 1157,

asking on behalf of Judge Engoron, who's Engoron, who's gonna be speaking for each side and how much time do you need, and things like that. That's how innocently it started. And the New York Attorney General properly responds with, well, we think we need an hour, and it's probably going to be either

Mr. Wallace or Mr. Amher, who's going to give the closing. And then we get the email in from Chris Keiss. Now listen to this one. We're going to put it up on the screen too. Now as background, besides you have to know this two things from a context. One, Donald Trump never testified except in cross examination when he was called drag to the stand by the New York Attorney General, but he never testified on his own behalf in his own case in chief, along with his own client, his own lawyers. Never. And you also need to know that the principal law clerk is that same person who had been bashed mercilessly day in and day out by Alina Habba and Chris Kaiz and Donald Trump to which Donald Trump is subject to a gag

order. But you have to correspond with the principal law clerk because she or he is the one that handles things like administration and logistics. So we get back an email from Chris Kaes, the lawyer from Donald Trump to the principal law clerk. And I want to read principal law clerk. And I want to read it to you. Ready? Here we go. Ms Greenfield, happy new year.

Yeah, when you mercilessly bash somebody, call the month professional, say that they're on the take, say that they're co-judging a case, saying that they're a hack, saying that they're the girlfriend of Chuck Schumer, you lead off with happy new year. At this time, then he starts off normally, oh, we need about two hours, two hours, and 15 minutes for our closing. It'll be some combination of me and maybe Alina Habba. And then he drops the bombshell in there without any warning. Additionally, and this is all in lower case, like he's e.e. Cummings, the poet. Additionally, President Trump plans to present argument at closing as well as if this is a normal thing. It doesn't need court permission or research done in advance. President Trump plans to present

argument at the closing as well, but we anticipate that such arguments will be completed within the same time period to which Andrew Amor for the who's a special counsel for the New York Attorney General's office, whips out a response in record time, citing research that says no F in way without at least the judge exercising discretion to make sure this isn't a further circus. Siting law that says in most every state, if you have a lawyer representing you, unless you fire that lawyer, you have to defer to that lawyer to handle court procedure and court process and give openings and closings and handle witnesses. You can't throw them aside and say, oh, I don't like Alina Hobbit today.

I don't like Chris Geister. I'm going to do the cross examination myself. That's not how it works. Now the judge has discretion with limitations and conditions to allow such a bizarre thing to happen. Cold Turkey may be great on sandwiches, but there's a better way to break your bed habits. We're not talking about some weird mind voodoo from your crazy neighbor. We're talking about our sponsor, Fume, and they look at the problem in a different way.

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Judge Angkoran to Chris Kaeson, everybody involved. Their counselors in the email to which this email responds, Mr. Kaes denounced that defendant, Donald J. Trump plans to present argument at closing. And then he cites a law in New York that says, you can't do that if you're represented by counsel. Thus, whether he may present a closing argument is completely at my discretion as judge.

But he goes on to be a little bit in favor of Donald Trump here. He says, I'm inclined. This is judge and go on to let everyone have his or her say more over the more reasoned analysis I receive, the better I will be able to decide the case correctly, setting the trap for Donald Trump to give his own closing. Therefore, Mr. Trump is the person with by far the most that stake in this enforcement action. Thus in my soul discretion, I will consent to let Mr. Trump make a closing argument, if and only if through counsel by the 9th of January and by himself, personally, on the record, just before he speaks, Trump agrees to limit his subjects to what is permissible in a counselor's closing

argument. That is commentary on the relevant material facts that are in evidence and application of the relevant law to those facts. He can't introduce new evidence. He can't testify. He may not comment on a relevant matters about my about my staff or the staff of the New York Attorney General, none of which is relevant to the case. If Mr. Trump violates any of these rules, I'll cut him off in mid-sentence and admonish him. If he continues to violate the rules, I will end his closing

argument and prevent him from making any further statements. If he violates the gag order against him, I will immediately direct officers to remove him from the courtroom and find him not less than $50,000. He'll be bound, gagged and dragged. Finally, Trump must state on the record before he begins to speak that he understands without exception. That collectively, he only has a certain amount of time to speak. And when that time is over, his lawyers won't be able to speak either. Um, Mr. Kice, please respond justice and go on. And there is a response from Chris Kice soon thereafter. Chris Kice writes back on Tuesday, four days later, justice and go on, not your honor, justice and go on. Thank you for your response. First, I agree that a non-jury trial, your inclination to let everyone speak, is the best approach. However, he goes on, Trump cannot agree, nor would I recommend him do so, to the proposed preconditions and prior restraints.

They want an unplugged Donald Trump to be able to give his closing argument further. So then there's a little bit of politicking and campaigning for Donald Trump about how they're going after him professionally and personally. He's responsible for economic growth and job growth. And then it ends with while I noted that I agree with your state of conclusion that the best and fairest approach is to allow President Trump to make a statement. He cannot agree to the proposed limitations and prior restraints, the existing gag order remains, but there should otherwise not be any further prior restraints and any statements of his at closing. Please advise us to whether you will permit President Trump to speak of closing without the proposed limitations.

Thank you respectfully, Chris. Then right on top of that, later that same night, Chris Kice informs Judge Engoron that Donald Trump's mother-in-law, Melania's mother passed away, and asked to have a extension on the closing argument so that he may attend and participate in the court proceedings. And the judge says, I'm sorry to hear the sad news.

The request to postpone tomorrow's closing arguments is denied. I think he means Thursday. I'm sure you realize, although you may not realize to what extent every appearance of Mr. Trump requires court officers, court clerks, administrators, security details to rearrange their schedules. The administration even had to evict another jury trial. Of course, I'm also anxious to hear a full day of closing statements as I consider the case as a whole. On balance going forward makes the most sense. Please tell Mr. Trump, I am sorry. I still hope to hear from you by 11 a.m. this morning

as to whether all of this is even an issue. In other words, Engorang calling out Trump about whether he's really planning to give the closing or not. And Kyse responds later that same morning, actually later this morning on Wednesday, the on Wednesday, 1140 AM, Justice and Goron. This is very unfair, Your Honor. You're not allowing President Trump, who has

been wrongfully demeaned and belittled by an out of control, politically motivated attorney general to speak about the things that must be spoken about. That looks like that was written by Trump and not by Kice. And then to which this later this morning and go on the judge responds, dear Mr. Kice, I won't debate this again. Take it or leave it now or never. You have until noon, seven minutes from now, I will not grant any further extensions

to the further extensions to know if Trump under those conditions is willing to give us closing argument. And then right on time at 12, 12 this afternoon, Judge Engoron gave his final word on the matter, dear Mr. Kice, not having heard from you by the third extended deadline noon today. I assume that Mr. Trump will not agree to the reasonable lawful limits. I have imposed as a precondition to him giving a closing statement above and beyond those given by his attorneys and he will not be speaking a court tomorrow. This email chain will now be filed to protect your clients appellate rights.

So there you have it. You have the headline, which is Trump throws in last week that he wants to give part of his own closing. You have the judge calling his bluff and saying, you want to give your own closing? It's under these preconditions since you're not sworn. Well, turn it if you could have said, I swear you in while you give your closing argument. So whatever you say is under oath, that would have been another attempt, another limit I would have probably placed on it, but the judge did the right thing and said, you got to not,

you got to stay on track, you got to stay on evidence, you got to stay on facts. You can't attack people and you can't attack my staff. And if you don't, you're going to be removed from the courtroom and you're going to be $5,000. That was the headline. Trump's lawyers set, you know, trying to like set up, they never really wanted Trump to testify, set it up to look like Angoraan was the bad guy, but Angkoran, the judge, came out and said, I'd like to hear from Donald Trump. He seems to have a lot in stake at this. You're right, Mr. Kice, but under these preconditions, Kice then balked along with Trump and setting any preconditions, just wanted in with Donald Trump unhinged and unplugged to just give his closing. And then of course, try to use the excuse and

Melania's mother passing away to delay things outright. And the judge said, I'm sorry about that. I'm sorry about the loss, but we're going forward tomorrow as scheduled with the closing argument. And so now I think where we are at this moment is Donald Trump and his bluff have been called by judge and gore on. Donald Trump may or may not even attend the hearing now, which is solely for the purposes of giving closing argument on top of the 11 weeks of trial and 20 trial witness or 40 trial witnesses and thousands of pages of exhibits that the judge is already considering and then following that closing argument that I'll ask today. Sometime later this much month, judge and gokoron is going to decide if he agrees with the New York Attorney General,

sanctions Donald Trump and all those entities, $370 million or more. He's not limited by that. He can go higher. Of course, he can go lower too. And if he's going to put Donald Trump out of the real estate, borrowing and other New York business for life, because that's what's up for grabs in the remaining counts. Remember, or if you don't know, I'll tell you straight, Judge Angoran has already found persistent fraud twice

in this case. He set up a financial monitor has been in place for a year and a half, and he found in October before the trial started. He found in favor of the New York Attorney General on summary judgment that there was persistent fraud already being perpetrated by the Trump organization for at least a 10 year period of time. We'll follow what happens tomorrow, only on the Midas Touch Network and on legal AF, follow

us on legal AF tonight at 8 p.m. Eastern time. We'll report anything that comes up new in the case and we do legal AF our long format podcast Wednesdays and Saturdays 8 p.m. Eastern time will report anything that comes up new in the case. And we do legal AF our long format podcast Wednesdays and Saturdays, 8 PM Eastern time. So until my next hot take and until my next legal AF, this is Michael Pope, Please subscribe right now to the Midest Touch YouTube channel for free and help us grow this unapologetically pro-democracy network.