Legal AF by MeidasTouch - FATIGUED Trump CAN’T FILE His Legal Motion ON TIME

Episode Date: September 23, 2024

Trump is stretched so thin in all his criminal cases that he can’t even file a brief on time in a case he actually won! Michael Popok explains how Trump just filed a motion to beg a federal appeals court to file his brief to argue that Judge Cannon was right to dismiss the Mar a Lago case against him, and how the new timing plays right into the hands of prosecutors in NY and in DC against him, as they file papers to prove their case against him to the voting public before the election. 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! Join the Legal AF Patreon: https://Patreon.com/LegalAF 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 MissTrial: https://meidasnews.com/tag/miss-trial 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 Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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This is Michael Popak, Legal AF. Donald Trump's lawyers are stretched so thin and have so many different criminal filings they have to do in their various cases in New York, in the District of Columbia, and in the 11th Circuit Court of Appeals about Mar-a-Lago that they're begging the 11th Circuit Court of Appeals to let them file a brief late. Their opposing brief to Jack Smith, the special prosecutor's brief, special counsel's brief, arguing to the 11th Circuit that Judge Cannon violated fundamental jurisprudential precedent in ruling that there's no such thing as a special counsel, that they are a figment of our imagination, illegitimately appointed, illegitimately funded by the Department of

Justice. Remember that one? First time in our nation's history a federal judge found that? Well, that's up on appeal. Now think about this. Between now and the election, think about how many times the Department of Justice and prosecutors are going to be able to file things in court or have already to argue to the American people all the wrongful conduct of Donald Trump and air all of their evidence before Donald Trump even has an opportunity. You would think Donald Trump, if he was able to, would want to handle these things quickly, not on an extended time period. How does that help him

with the remaining countdown days of the election to have the shadow hanging over him? But that's exactly what he's doing in the 11th Circuit. They cry and whine and complain in the papers they file, which I'm going to read to you right here. They say, we're very busy. We have to file expedited, fast papers at the Second Circuit Federal Court of Appeals about whether immunity applies to any aspect of the 34-count felony conviction for things that Donald Trump, he did to cover up a sex act before he was president. That's going to be a side note.

That's going to be a loser of an appeal and the Second Circuit isn't rushing anything anytime soon. In the meantime, Donald Trump is going to be, as they mentioned in the briefing, going to be sentenced in front of Judge Mershon in that same case for 34 crimes that he was convicted of, 12-0 by a fair and impartial jury in New York on the 26th of November. And if that's not all, they've got to deal with two separate briefs that are going to be including evidence against Donald Trump filed by the special counsel, same special

counsel that Judge Cannon doesn't believe exists, does exist, and is going to be filing two separate briefs all before the November 5th election against Donald Trump in the D.C. election interference case. That's a lot. It's all got Donald Trump on his back foot, so to speak. Let me read to you from the motion. Here's the motion. And smartly, the Department of Justice didn't oppose the motion.

You want to ask the 11th Circuit for more time to file your brief, go ahead. The Department of Justice already got their advantage. They filed a 90-page brief that we went over on Legal AF, I'll talk about it a bit here, on the 27th of August. It's been out there that long. On the 27th of August, Special Counsel Jack Smith urged the 11th Circuit to overturn Judge Cannon's illogical, improper analysis under, oh, New York's excited by that, improper illogical analysis untethered to any federal constitutional principle to find that he was illegitimate.

That's what they said. They said she's the first person in the history of our federal jurisprudence to ever find and in violation of the United States Supreme Court precedent, beginning with Nixon in 1974, which found that whether you call it a special counsel, special prosecutor, independent counsel, it's all the same thing. It all comes under Article II powers within the executive branch to appoint through the Department of Justice inferior officers. That's what they're called under the Constitution. That's what the Department of Justice and the Attorney General, in this case Merrick

Garland, did, exactly. An inferior officer was appointed constitutionally, and that was Jack Smith, and funded appropriately through Congress, through the Department of Justice budget. Done. Done. As the brief in August reminded the 11th Circuit, to which Donald Trump now wants to delay his response, they said to the 11th Circuit that the judge committed a cardinal sin of being a federal judge, not recognizing what we call hierarchical stare decisis, a big highfalutin Latin term for you're not

listening to your bosses. And her bosses reside at the 11th Circuit and at the United States Supreme Court level. That's the hierarchy, and the story of decisis means precedent. She's blew through precedent and ignored it, and did a half-assed analysis to basically bend over backwards, benefit Donald Trump, who was her patron, who put her on the bench, and to genuflect to Clarence Thomas, who is the 11th Circuit

duty judge, if you will, for the United States Supreme Court, and sent a message, improper, illegal, unethical message to Judge Cannon and the world, including Donald Trump's lawyers, suggesting that they should move to disqualify or have Jack Smith removed from being a prosecutor and have the whole indictment dismissed. He did that in a concurring opinion

in the immunity decision. So that's how we got full circle here. Here's what they're just told the judge, the judges or the law clerk. We need 30 more days. They want to now, since Jack Smith filed his brief on the 27th of August, their brief would have been done, would have been due on the 25th of September. And they want to move it to October 25th, an extra 30 days. Now they do that, I'll read you the grounds in a minute.

Here's what the calendar is going to look like for them. Listen to this. On September 26th, just around the corner, in the DC election interference case in front of Judge Chutkin, the same special counsel, who's legitimate, is going to be filing his opening brief against Donald Trump to show how immunity, the immunity decision by the Supreme Court doesn't apply to cancel out any of the brand new indictment that he just got against him a month ago. And he's going to air new evidence in there that we've never seen before.

It's going to be fun. It's going to be a fun day for people here around Legal AF. That's on the 26th of September. The defendant's brief, which is Trump's brief, is going to be due on the 17th of October. And then one more brief by the government, so two bites at the apple, right? Beating up Donald Trump with both ends of the stick on the 29th of October, which means before the election,

the American people are going to get two briefs from the Department of Justice making their case against Donald Trump. And now over here in the case I'm talking about, the 11th Circuit Court of Appeals case, they want to move their brief to the October the 25th to oppose the appeal by the United States against Judge Cannon's decision, which would mean they would have a brief due four days before they got the reply brief from the government in the other case, the DC election interference case. And then they got to worry about a Second Circuit appeal

to try to convince the Second Circuit federal court, federal appellate court, that they have the right to overturn a jury conviction, 34 counts, unanimous against their client because of the immunity decision, not happening. In the meantime, Judge Bruchon is going to be sentencing and has told everybody I'm sentencing on, as I'm told otherwise, on the 26th of November. Send me your sentencing memos telling me how much time you

think Donald Trump should have in jail. That's going on during all this. So here's how it all come together in their own filing. Traditional bed sheets, they can harbor more bacteria than a toilet seat. It can lead to acne, allergies, and stuffy noses, and it's just gross. Miracle Maid offers a whole line of self-cleaning antibacterial bedding such as sheets, pillowcases, and comforters that prevent up to 99.7% of bacteria growth and require up to three times less laundry. Using silver-infused fabrics inspired by NASA, Miracle-Made Sheets are thermo-regulating and designed to keep you at the perfect temperature

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And I read from their motion to file an opening brief, which is their brief. Here's what it says about the timeline. This is the bottom of page one. Good cause exists for this request. You have to make out a good faith basis in order to ask any court for an extension of time, even if the other side doesn't oppose. And here's their basis.

Little I, President Trump and his council are presently engaged in motion practice in a separate case brought by the special counsel in the District of Columbia. That's the Chutkin case, which will require counsel to spend time in a sensitive, compartmented information facility, a SCIF in Washington, in the coming weeks to meet the court's briefing schedule. That's because Judge Chutkin said, "'You got an issue with the documents

"'that have been produced to you, and you think there's some issues about confidential or what we call confidential documentation, that kind of stuff, SIPA stuff, confidential information and the Procedures Act type of stuff. You got to go look at it in a facility, a hardened facility, then file your motion to compel about documents on a date in September. So they're running up against that date. Then they go on to say, on page two, President Trump and his counsel are also litigating issues of first impression at the Second Circuit that require briefing in advance of a potential

sentencing on the 26th of November. That's the Judge Merchant sentencing that he postponed until the 26th of November. That's the Judge Mershon sentencing that he postponed until the 26th of November, two days before Thanksgiving, to sentence him for the 34 felony count conviction of a unanimous jury. That's what that's all about. And then finally, they say, oh, remember Walt Nauta? He was the body man, butler, whatever he was for Donald Trump, helped move around all the boxes and documents,

try to drown the video so nobody would see it of him doing it. Remember that guy? Well, he's got a new appeals lawyer, new appellate lawyer who just got in the case and he needs more time. So they're asking, look at all these things they're asking for. But this is not to their advantage. As I said at the top of the hot take, to have the government, you know, this was a win for the government in front of Judge Chutkin at the DC election interference case, because

she adopted exactly the procedure they wanted to do. Normally, when there's an indictment issue, that's brought by the defendant filing the first brief and the last brief. There's always three briefs. Sometimes there's four, but there's generally three briefs. But Judge Chutkin adopted the government's position. You go first. You tell me why the immunity decision doesn't, as it maps onto your new superseding or amended indictment, why I should go forward with the case. And I'll give you a reply brief. So two briefs for the government.

And the government already said, we're putting in new evidence for the world to see, already said, we're putting in new evidence for the world to see, my paraphrase. So that's all going to happen. And again, the reason public justice wants fast, wants to guarantee a speedy trial is because we, as the public, have a seat at the table. And the defendant has the right not to have people think he's a criminal for longer than he needs to, and to clear his name if he's got the ability under the presumption of innocence. Now, Donald Trump has lost the presumption of innocence in New York because he was convicted already. But in these other cases, he still has the presumption of innocence.

And so normally, a defendant wants to hurry up, especially one that's also campaigning for office. But not when you're Donald Trump. When you're Donald Trump while you're campaigning for office and even the day after somebody stuck a gun out of a bush in Mar-a-Lago, you're out selling cryptocurrency on a new platform that you just invented along with somebody, I'm not making this up, on the cryptocurrency thing. The two business partners for Donald Trump and his sons who are running this thing, including Barron Trump, who's 18 and down at college, the two people, one ran a website or a YouTube channel

that was devoted to helping men pick up attractive women. And the other one proudly served time in jail more than once and talked about it on a podcast. That's the business partners for the cryptocurrency scheme. This is the day after or two days after Donald Trump was golfing and it was almost interrupted by a guy in a bush Okay, so that same guy you'd think would want to try to clear his name quickly no push everything off push it all off October think about how busy October and November are gonna be now

The government is gonna be filing their reply brief on the 29th of October, happy Halloween, happy Mischief Night, airing the evidence before the election five or six days later. This guy is going to be filing, Trump's going to be filing his brief to the 11th Circuit to kind of keep the Mar-a-Lago case away from him. And then Judge Murchon is going to be taking in sealed briefs that we're not going to be able to see yet about sentencing recommendations for Donald Trump, who he's likely to sentence on the 26th of November, while the Second Circuit has all of its briefing in or close to it related to whether the immunity decision affects what Donald Trump did in 2016 while he was a candidate at all.

This is the kind of stuff that gets me excited in the morning. And we got a new Legal AF channel. That's a companion channel to Midas Touch. We do it with Midas Touch, of course. Legal AF, the YouTube channel. It's gonna have content you can't find anywhere else right here, right here on YouTube. Of course I'm gonna still be on the Midas Touch Network doing my thing, doing my podcast Legal AF with Ben Mycelis and Karen Freeman at Nifilo, and doing hot takes like this one about every hour, every day on the Midas Touch Network. But then separately, I'm going to be doing some other things as the executive producer of Legal AF, the YouTube

channel that we're going to be launching this week. And I want you to keep an eye out for it. We'll be promoting it. I'm already loading it up with some amazing content you can't find anywhere else at the intersection of law and politics right here on YouTube. So until my next hot take, until my next Legal AF, until you see me on the Legal AF YouTube channel, this is Michael Popak reporting. Heary, heary Legal AF Law Breakdown is now in session. Go beyond the headlines and get a deep dive into the important legal concepts you need

to know and we discuss every day on Legal AF. Exclusive content you won't find anywhere else, all for the price of a couple of cups of coffee. Join us at patreon.com slash Legal AF. That's patreon.com slash Legal AF.