Legal AF by MeidasTouch - FED UP TOP DA Responds to Trump CRIMINAL REQUEST…

Episode Date: November 13, 2024

Important update on the Manhattan DA criminal conviction - Karen Friedman Agnifilo, who spent her career at the Manhattan DA’s office translates the last-minute request from the parties to postpone the immunity decision. Over the weekend, the parties asked the court to postpone the post-trial immunity decision, which is not a great sign that the sentencing will ever happen. Will the Manhattan DA office stay strong and fight Trump to protect their conviction? What are the options they have in fighting this battle? Find out from Karen Friedman Agnifilo who spent three decades as a prosecutor in that very office. Visit https://Lomi.com/LEGALAF and use code LEGALAF and checkout to save $50! Join the LegalAF 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

The faster money and data move, the further your business can go to a seamless digital future for Canadians. Let's go faster forward together. In Life, Interact. What's happening at the Manhattan DA's office? Will Donald Trump be sentenced in his 34 count conviction the Manhattan D.A.'s office that happened in May? The question is on everyone's mind, because today was the day that the judge was supposed to rule on presidential immunity and whether or not the Trump will is immune from prosecution, which, of course, he's not. But the question before the court, because this has already been ruled by

federal judges, Hellerstein, et cetera, that this was purely private conduct, which it was because he paid a porn star and then paid off his private lawyer and falsified business records, never mind that he happened to be president at the time that he wrote the checks. This was ruled by a federal judge, Alvin Hellerstein, that to be private conduct and therefore he's not immune. But what is the question before the court? The question is whether or not the evidence, some of the evidence that was introduced at the trial turns out was inappropriately admitted after the fact because it wasn't the law, presidential immunity,

this Trump versus United States case that the Supreme Court came up with July 1st that essentially created new law didn't exist at the time that this trial happened months before. So when they made this ruling and created this new category of inadmissible evidence, things that would be inadmissible because they came from the presidency

or during the course of the presidency or just things that fall within the ambit of the presidency while he was president, that evidence can't be used even in an appropriate trial where they are prosecuting private conduct. And so the judge has to apply that new law to these facts because a jury found unanimously, 12 jurors, unanimously found beyond a reasonable doubt,

it's a really high standard, okay, that Donald Trump committed 34 felonies. So Judge Juan Marchand has to rule on that. And that was supposed to happen today. The parties have briefed it. But we get this series of emails from the various parties. So the DA's office essentially says, dear Judge Mershon, we're writing to advise the court that the defendant, Trump, has asked the people

to agree to a stay, so stop these proceedings, in order to provide time to review and consider a number of arguments based on the impact on this proceeding from the results of the presidential election. Defendant's forthcoming certification as president-elect January 6th and his inauguration January 20th. In the alternative, the defense represented that they intend to file a motion on Monday, November 11th

to stay all proceedings before this court. This was an email sent to the judge on Sunday. The people agree that these unprecedented circumstances and the arguments raised by defense in correspondence to the people on Friday require careful consideration to ensure that any further steps in this proceeding appropriately balance the competing interests of one, a jury verdict of guilt following a trial that has the presumption of regularity, two, the office of the presidency. Accordingly, the people respectfully request that the court adjourn the upcoming scheduled dates to afford the people time to assess

these recent developments and set November 19th as a deadline for the people to advise the court regarding our view of appropriate steps going forward. The defense consents to this request. There's also an email from Emil Bovay, Trump's lawyer, that says, Dear Judge Marshawn, President Trump joins the DA's office's request to stay, which means stop, pause, the existing scheduled dates, plural, so it's the date today as well as the sentencing, is how I read it, including the dates for decision

on the pending presidential immunity motion and sentencing. There are strong reasons for the requested stay and eventual dismissal of the case in the interest of justice under the United States Supreme Court's decision in Trump v. US and the Presidential Transition Act of 1963, three United States code 102 note. The special counsel's office recently sought and obtained the same stay relief in the District of Columbia, and they are reportedly considering

dismissing both of their prosecutions. The stay and dismissal are necessary to avoid unconstitutional impediments to President Trump's ability to govern, which is the broader argument that we made to Danny. Danny stands for it, D-A-N-Y, District Attorney, New York, shorthand, we call it Danny, on Friday. We are prepared to make a submission regarding these authorities in support of Danny's stay request by noon tomorrow if that would assist the court in evaluating the importance of a complete stay while Danny decides on their position Regarding the dismissal that is warranted. So the court then responds Dear mr. Collange the to you know, dear everybody

We are in receipt of your emails the joint application for a stay of the current deadlines including decision on the defendant's motion Cpl 330 30 which is this motion? decision on the defendant's motion, CPL 33030, which is this motion regarding presidential immunity, until November 19th is granted. As per the people's request, the people are to file with the court off calendar your view of appropriate steps going forward. Please make such filing no later than 10 a.m. on the requested date. Please file a copy, including Mr. Bove's email on the court do. Please file a copy, including Mr. Boves' email on the court docket first thing Tuesday. Okay, what does that mean?

It means a few things. It means the DA's office does not know what they're doing yet, right? They're considering what to do and they need more time to think. What I can tell you is this, Trump is not getting sentenced before he, he's just not getting sentenced, that's not happening.

I'm just reading between the lines here. There's no way he will be sentenced. It was clear that he was never gonna be sentenced to jail, prison or probation because that is impossible for the estate court judge who would be unlawful under the supremacy clause of the United States Constitution, which specifically says federal law always takes precedent over state law, even when they conflict. And so if the judge tried to sentence him

to anything that would in any way interfere with his duties as president of the United States under Article Two, there is no way they would have the authority to do that because it would impede on his duties according to federal law. So there's no way he's getting anything if he is sentenced, other than it could be time served, it could be an unconditional discharge, which basically means there's no conditions. It would just be a conviction and it stays, whatever. How great that you can literally just push a button and do your part to save the planet. Lomi is an easy push button appliance on your countertop that turns food waste into dirt

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food waste and hello to a cleaner, greener kitchen with Lomi. And with the holidays coming up, Lomi makes the perfect gift for someone on your shopping list. But what this signals to me is there's just no way the sentence is happening at all. And the reason is this,

it's clear that the defense is going to do everything in their power. They're gonna use the courts, the federal courts, the state courts, the appellate courts, all the way up to the Supreme Court to say, you cannot even sentence him. This case should be dismissed, and you cannot sentence him. This has to stop. We don't even want to litigate anything because he's too busy being president. And you can't do that to somebody who's about to be president. And look, there's an OLC memo from 2022 that talks about not being able to prosecute a sitting president. Does that apply to the Manhattan DA's office? Is this even a prosecution? Because he's already convicted, right? He's already been found guilty, I should say. He's not technically fully convicted until he's sentenced. But he's been convicted by a jury.

A jury of 12 people and I think it was six alternates took a month out of their life. Yes, they were anonymous, but there's no easy task to sit in judgment of somebody like Donald Trump, who is frankly a scary person who threatens people, who has no problem going after private citizens and saying negative things about them. And a lot of people faced a lot of put themselves out,

whether it's the prosecutors in this case, the judge in this case, the jurors in this case, put themselves out and found him guilty beyond a reasonable doubt He had a fair trial. And so what will happen though? What happens to that? Is that, is the prosecution over? Is it part of the prosecution that they rule on this immunity decision and it proceeds to sentencing? I think so, but he's not president yet. But they're saying he has to prepare, he has to do his duties for transition and this interferes with that. And I think because there is a federal statute that talks about the transition and that is what he has to do now, and he's saying this interferes with that, I think a court might stay the case and might not let them even have to argue

these things, immunity, etc. So, so I don't know that this ruling that we're even going to get a ruling, like I said, sentencing is not happening. But, and again, this is not, this is me reading the tea leaves because I worked in the office for 30 years. This is me not having any inside information. I just think that there's no way that's happening. We don't know how the judge would rule on immunity even if he did rule. Like say the judge says, oh but I've already you've already submitted your papers I'm ready to rule.

Like say he does rule on immunity and let's say he there's a couple of options. He could find that any evidence that was admitted that should not have been admitted there was so much evidence that it's harmless error. That's a legal term and the conviction should stand. Or he could rule that there was no inappropriate evidence admitted that it's all personal and the conviction should stand. Or he could reverse the conviction

and he could say order a new trial, which obviously is not going to happen anytime soon. But no matter what he rules, it's appealable. And so again, they will go to the court, the defense and they to the appellate courts. I don't know if they'll go to the state first or if they'll go straight to federal court. And they will try they will appeal it all the way up to the Supreme Court. And what will the Supreme Court rule? Who knows?

But again, another indication the sentencing isn't happening. What I'm afraid of and what I don't like reading the tea leaves is I'm afraid that the DA's office will give up the fight. I hope they don't. I hope they don't say, look, because of the various federal laws here and because it is inevitable

that these things are happening, that we are just gonna agree and let, you know, dismiss the case or somehow not fight this fight. You know, if there is a stay or if it's ruled that it was that he, like if the judge rules against them and orders a new trial, I hope they don't dismiss the case. Keep it pending. Or if the judge rules for them and they decide to appeal it, fight it. Just fight it. Alvin Bragg has turned out to be a hero in this matter, right? He's the only prosecution that went forward. He's the only one who had the foresight and ability to get this case to trial and get Trump convicted.

The Merrick Garland didn't get it done, and Jack Smith tried, but he didn't have enough time. Fonny Willis did what Fonny Willis did, and unfortunately that case has stayed forever. That's never going anywhere. This was the only case that was able to go forward, and Alvin Bragg, I think, has turned out to be, frankly, a hero. He fought the good fight. I hope they keep fighting. I hope the people in the Manhattan DA's office keep fighting. This is a worthy fight. He's a convicted felon. And that should stand even if the sentencing doesn't go forward. So the good news is he will become the first president

to have been convicted of a crime. This was not a bench trial and this is not civil. This was criminal. And so he will be the first president and that will go down in history no matter what happens to this sentence. But that's what this series of communication signals to me and I think that's what we're going to see happening. So manage expectations but look at the positive and do not give up the fight. It's worth it. And we have checks and balances in our country, and we're all going to keep fighting. And hopefully my old office will too. I'm Karen Friedman Agnifilo.

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