Legal AF by MeidasTouch - DC Appeals Court Moves at LIGHTNING SPEED to Crush Trump

Episode Date: December 19, 2023

The DC Court of Appeals is ready to move forward and decide whether Donald Trump has immunity from prosecution of the District of Columbia election interference case, and is not waiting for the Supreme Court to decide whether it wants to take the appeal instead. Michael Popok of Legal AF reports on a new order setting oral argument in the immunity issue for January 9 as the court tries to keep the Trump criminal trial on track for March. Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. 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

Michael Popok, legal AF, we got a race that we're following between the district of Columbia, court of appeals and the US Supreme Court as to who's going to get to the decision and reach a decision on whether Donald Trump somehow has immunity from prosecution to stop his DC election interference case from go to trial in March and having his indictment dismissed. It's all going on right now fast and furious into the Christmas and holiday season. Jack Smith, not taking any chances to side, it's a file to two pieces of paper with two different appellate courts in a belt and suspender move that I admire. One, he filed it with the Supreme court, asking the Supreme Court in what's

called a writ of surgery, re to decide if they have any interest because of the extraordinary nature of the case of the circumstances to just take a direct appeal from the trial court level and skip the stop at the middle, which is the intermediary appellate court. And so far, the Supreme Court has said, yeah, we're interested. Do a full briefing between now and Christmas. We'll get back to you. Let you know if we're going to take the case directly. But Jack Smith filed another piece of paper in the DC Court of Appeals. And that DC Court of Appeals has said today, let's have oral argument on January the 9th.

Meaning, get your briefing done. We're doing the oral argument on Jan 9th. And I expect the decision soon thereafter. I don't know if it's the 10th, the 11th, the 12th or the later on the 9th, but they are taking this seriously. Now one of the three judges assigned to the DC Court of Appeals, Judge Henderson, who was a George W. Bush appointee, she said she wanted to pump the brakes. So it was a two to one decision today to have the oral argument on the 9th. She was like, why don't we let our bosses in the Supreme Court go first? Let's wait for them to decide. And then we'll set oral argument. But the other two judges judge Pan and judge child, both Biden and point D said,

let's set oral argument to keep this thing on track. Now, let me give you some historical context. Things move very quickly. They're important to the US Supreme Court in other places. It doesn't take weeks or months. It can take days or hours. In Bush v. Gore, from the Florida Supreme Court's decision until the decision by the Supreme Court that Bush was our president, it took all of 72 hours. That was full briefing, oral argument, and a decision. A momentous decision that changed the course of history as to who was our president.

Think about that. Could have been president Gore. It's dead by a five to four vote. It was president Bush, and you can do the math of what happened after that. So, well, they want to move quick. This could be a 72 hour decision. January 9th. Okay. Here we go. Ruling 10th 11th or 12th. Supremes. They don't really care what the DC Court of Appeals does at this moment. If they ultimately decide that they want the case, they'll, they'll big foot the DC court of appeals below them and they will take the case. So what are we watching? Just as a catch up here, a little legal AF breakout session.

What are we watching? We're watching Jack Smith try to box in a Donald Trump. He keeps claiming immunity immunity. I've got a immunity. So far, there's been at least three different immunity decisions in the last two weeks all against Donald Trump. He doesn't have a immunity from civil suit for Jan 6th related to the things he did that may that caused injury and death and maybe to other people on Jad sex, including Capitol police and members of Congress. The DC Court of Appeals said he does not have immunity for suit related to that. He doesn't have immunity related to his defamation case brought

against him by E. Jean Carroll. So that's that's two judge Chuck in ruled in her case, the DC election interference case that Donald Trump does not have a beauty either for criminal prosecution because it falls outside the outer boundaries of what he was allowed to do as the president under article two of the Constitution. So this has been a bad week for Donald Trump and the beauty. He seems to be allergic to this this doctrine. Did you know that your temperature at night can have one of the greatest impacts on your sleep quality? If you wake up too hot or too cold, I highly recommend

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This is the thinking, I believe, for Jack Smith. Let's get in front of the Supreme Court. Let's see what Roberts can do. We know the line of cases related to immunity. They're in our favor for governments thinking is. And you want us to, you want to, let's do everything we can to keep the March trial date. That's how confident Gaukey, Jack Smith is that he can win on a beauty.

And for, and for good measure, we'll do, if you want to do it at the DC Court of Appeals, we'll do it at the DC Court of Appeals. Now Donald Trump jumped up and said, oh my God, it's Christmas and Jack Smith's The Grinch. Not making that up. He actually cited the Grinch book in one of his filings. And the DC Court of Appeals saw the Grinch in the opposition paper to slow things down and said an hour later, yeah, we're going to brief this over Christmas. And now they've said today, we're going to have oral argument on January the night. Now, we'll have access to that oral argument, even though things aren't televised,

they post things like this on the website. So, we'll have access, we'll be able to analyze everything that goes down. Now, what could happen between now and the 9th is that the Supreme Court decides after full briefing of its writ of Shershari, which will time out before the 9th to hold either a very quick oral argument

or rule out the briefs They don't have to help oral argument and so we will know You know right after Christmas sometime between you know The second to the ninth what the Supremes are doing Now if they say the Supremes say we don't want to take it We want it to come up to the normal rank, come up through the DC court of appeals. Then fine, the DC court of appeals has a total argument of the ninth and rule a day or two later. If they say, though we want

to go first, then they'll put a pay to the DC court of appeals. They'll suck up like a vacuum cleaner, the appeal up to the DC court of appeals. They'll hold our argument and they'll make a ruling one way or the other. We are going to have a ruling by a pellet court about whether Donald Trump does or does not have a beauty from prosecution in the district of Columbia for what he did soon, like in the next two weeks. And that should be enough to keep the case on trial. And in March, the appeal, these appellate paddles rule as we think they're going to. Here on legal AF, the Donald Trump does not have immunity from suit. That's a terrible precedent that a formal president could commit a crime of any sort in order to cling to power. And it's not going to be

able to be prosecuted. I don't think that's where the Roberts court or the Gorsuch court, whatever you're going to call this Supreme Court, is at the present moment. They frequently decline, except for Alito and Thomas to side with Trump about anything related to his fascist attempts. But we'll see. We'll follow it right here on legal AF on Wednesdays and Saturdays at 8 p.m. and on hot takes like this one. Hopefully I'll be called to be over by that. I'll be able to do it with a clear head. But if you like what we're doing here, leave me a thumbs up and a comment. And then follow us on legal AF on Wednesdays and Saturdays at 8 p.m. Eastern time on the Midas Touch Network. So until my next hot take, until my next Legal AF, hopefully a cold free

pop-up will be with you again. This is Legal AF and Michael Pop-up reporting. Hey Midas, Mighty. Love this report. Continue the conversation by following us on Instagram, at MidasTouch, to keep up with the most important news of the day. What are you waiting for? Follow us now.