Legal AF by MeidasTouch - Federal Judge CHECKMATES Trump with RAPID Deadlines HE CAN’T HANDLE

Episode Date: December 9, 2023

In response to Trump’s appeal of her decision to deny him presidential immunity to dismiss the DC indictment and his motion to stay her March 4 trial, Federal Judge Chutkan just CHECKMATED Trump by setting a super fast briefing schedule timed to have her in a position to rule as early as THIS TUESDAY night. Michael Popok of Legal AF predicts that the judge will find that it is likely that Trump will LOSE HIS APPEAL and deny the motion to stay, forcing Trump to run to the DC appeals court for emergency relief as he desperately tries to avoid trial before the November election. Visit https://HensonShaving.com/LEGALAF to pick the razor for you and use code LEGALAF for 2 years worth of free blades! 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

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court of appeals arguing that Judge Chutkin's ruling on December the first, finding that there was no presidential immunity that would be applicable to defeat the indictment against Donald Trump in the district of Columbia by the special counsel applied at all. of the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, the National Assembly, actions on Jan 6 as campaigner in chief as insurrectionist in chief in suits that were brought by people that were damaged and injured, maimed and killed on Jan 6, including capital police, metro police and members of Congress.

So that twin barrel no immunity, no immunity that came out on the week of December 1st, of course, pissed off and caught Donald Trump, according to reporting, flat footed, he filed a notice of appeal today, but also filed a motion for stay to ask the judge, Judge Chuckkin, to put a pen in the criminal proceedings, meaning stop them, stop their development, stop the ability to achieve the March 4 trial date, right? That's stop on the train and ask her to stay it and asked her to make that ruling about the stay within the next seven days. And the judge, that's the sound of checkmate, said, I can do it in five. It was like a game of perverse justice game

of name that tune. Donald Trump said seven and the judge said five. And so she issued an order just late today, in which she said the Department of Justice needs to file their opposition to Donald Trump's motion to stay by this Sunday, by five o'clock on the 10th of December. And Trump, you have two more days until Tuesday, the 12th of December at 5 p.m. while you're still on the stand in the New York civil fraud case, by the way, to enter your reply. And then we'll have full briefing. And what does that mean? Knowing Judge Chutkin and the velocity at which she makes rulings, I predict here

on this special hot take of legal AF on the Midas Dutch Network that we will get a ruling by Judge Chutkin no later than Thursday of that week, which is the seven day mark, and probably even sooner. I could see a Wednesday, maybe 10 or 12 hours after full briefing. She will, I believe, deny the stay. I don't think here she's going to give the administrative stay or a stay while he pursues the appeal. She has to find there are certain standards that she has to apply that it's likely that he's going to prevail on the appeal, likely that

she was wrong. In other words, on December 1st, and because in their brief on the motion to stay Donald Trump's lawyers did not at all point out any new case law or new arguments that the judge failed to acknowledge or misapplied. She should. And if I know Judge Chutkin from follower for this long, she should deny the stay and let them take ask for a stay if they are going to get one at all from the DC Court of Appeals. It'll be up to the DC Court of Appeals then, after a full record now has been made before the trial judge to decide whether the judge, Chuckkin, abused her very liberal and very broad

discretion to deny the stay, that's going to be the measure on the appeal. So that's the two step process for a stay. You ask the trial judge first, if the trial judge doesn't give it to you, which I don't think she will, she'll find that the appeal doesn't have merit or she didn't make any mistakes or misapprehend the law. Then you have to go to the DC Court of Appeals. You get a randomly selected three judge panel.

Won't be the three judge panel that just decided the, whether the civil lawsuits against Donald Trump somehow were barred by immunity, which they ruled that they were not. It'll be a new random three judge panel. That's how it works. And we'll have to see who exactly who that three judge panel is. But the DC Court of Appeals leans, leans to the left.

Most of the people there have been appointed by Obama and Biden and Clinton even. And so that is a, I think 70 or 80 percent democratically appointed judges just to give you a little bit of a window into their thinking in advance. And then they're going to have to see if there's going to be an administrative judge who or who grants an immediate temporary stay until the full panel can be convened, because first, they have to be selected randomly through a clerk process. Then they have to get the briefing, then they have to get together, then they have to issue an order through the chief judge or the the most senior judge on that panel, and they're often running. And so maybe they'll be an administrative stay in between until the full panel gets their hands on it, we saw something like that exactly happen

in the gag order, which is still pending. Judge Chutkin's gag order, which was reinstated by her, is still pending after oral argument in front of another, yet another three judge panel of the DC Circuit Court of Appeals. We've been waiting for that decision. I think this actually might motivate that panel who's now had more than two weeks to make their ruling, but they got together quickly.

And through the clerk issued a very temporary stay, which they made clear did not indicate one way or the other on the merits of the case, whether they sided with Donald Trump or they sided with the Department of Justice. It was just in administrative stay until they got their act together and set a briefing schedule. Same sort of thing could happen here. If there's no stay though, then the wheels of justice proceed in the case. And they can't, you know, I know there's been a threat by Donald Drupal. I'm going to take my ball and go home. And you can't do that when you're part of the criminal justice system and your liberty is in the hands of a federal judge and a federal criminal court system.

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Get the case ready for March 4. Donald Trump's willingness to participate in that process. Be damned. So that's where we are right now. Very fast briefing schedule. Tony Chuck and almost responding, don't tell me how to run my courtroom. You want a fast ruling? You got a fast ruling.

Sunday brief for the Department of Justice Tuesday brief for Donald J. Trump. I don't care whether you're testifying somewhere else because of your other shenanigans like in the civil fraud case in New York. I mean, she didn't say that, but that's the implied footnote in her briefing schedule. And then we'll have a full briefing schedule, all three briefs, the opening brief by Donald Trump on the motion to stay, the opposition brief by the Department of Justice, the reply brief. That's how it works. There's usually three briefs.

Sometimes there's four, but 95% of the time are more, there's three briefs. And then with those three briefs with the movement, in this case, Donald Trump getting the last word in reply, then there's oral argument, usually on such weighty issues. And the issues here are going to be did Judge Chuck and get it right or wrong thumbs up or thumbs down when she said that there's no double jeopardy issue because the impeachment clause of the Constitution is not applicable here. It doesn't say that impeachment is the only right way to try a former president. And that so that the fact that he was tried once for things related to

just the Jan 6th insurrection and riot on the Capitol, on Capitol Hill doesn't stop once he leaves office him being prosecuted if he wasn't exercising his presidential immunity and presidential powers. There's a couple of very interesting quotes I want to leave you with in both Judge Chutkin's ruling on December 1st that's now up on appeal and the ruling that was made almost like a bookend back to back by her bosses at the DC Court of Appeals on the application of presidential immunity to the civil liability case. And so let's start with the decision by the judge, Chuck, and this is what they said. This is what Chuck, and wrote, whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time.

And that position does not confer a lifelong get out of jail free pass. Former presidents enjoy no special conditions on their federal criminal liability. That's the heart of what it animated the ruling by Judge Chuck in in the earlier decided, I mean, just hours before Judge Chuck in rule, she obviously cited to the ruling in the Vlasingham case in Vlasingham versus Trump, which is the case of a series of cases brought by Metro police, DC police, members of Congress against Donald Trump for civil constitutional liability and civil liability under the KKK Act, which was passed to protect black Americans, freed slaves after reconstruction

from having people try to inhibit and interfere with their exercising their constitutional rights, including voting and civil rights. He's been sued under that. There's civil penalties and civil liability and civil damages that are available for that. Those cases were stayed for almost two years while this of public court sort of sat on the decision

as to whether presidential immunity could be decided at this point, and what the chief judge there is free, straight of awesome, who is likely, if Donald Trump, if, sorry, if Joe Biden gets an opportunity to appoint somebody to the Supreme Court, this term or next term, the short list is three, Shrivenoff, uh, uh, St. Ina Basin. Uh, it's, it's, um, uh, people like, um, you know, judge Chuck in and herself, who would

be on the short list. And I can think of two or three others, including Amy Burman Jackson and people, um, and maybe barrel Howell, people who have really exhibited amazing grace and judicial prowess in the face of the Jan 6th insurrection and running those courtrooms and court houses in the District of Columbia. And so Chief Judge Serenevassian said in his ruling for the three judge panel, including one Trump appointee who cited with the majority, said the following about Donald Trump's arguments to avoid liability civilly as a former president.

Um, the opinion said in arguing that he is entitled to official act immunity in the cases before his president Trump does not dispute that he engaged in his alleged actions up to and on Jan 6th in his capacity as a candidate. But he thinks that does not matter. Rather, in his view, a president's speech on matters of public concern is invariably an official function. And he was engaged in that function when he spoke the Jan 6 rally and in the lead up to that day, we cannot accept that rationale. That's the DC Court of Appeals last week, ruling against Donald Trump.

The chief judge went on for the majority to write, well, President, while presidents are often exercising official responsibilities, when they speak on matters of public concern, that is not always the case. When a sitting president running for reelection speaks in a campaign head or in accepting his political party's nomination at the party convention, he typically speaks on matters of public concern, yet he does not, he does so in an unofficial private capacity as office seeker, not an official capacity as office holder, and actions taken in an unofficial capacity cannot qualify for official act immunity.

And that was the battle there, you know, they basically said that I want a one term president tries to campaign to get a second term. That is not an official presidential act to give him immunity. And so that issue may or may not be taken up by the US Supreme Court, but that was the twin barrel loss for and defeat for Donald Trump last week about all things immunity. And now we're going to see how Judge Chutkin decides whether to stay her case, whether she thinks his appeal has merit. And then whether that's going to affect the March 4 trial day, here's the final prediction on my hot take.

Judge Chutkin is going to find that the appeal has no merit or at least you did not misapprehend the law and he's not likely to succeed on the merits of his appeal. There's nothing in the 11 pages that Donald Trump filed in his opposed motion for stay that would convince her otherwise. There's no new case law, no new facts that she missed, you know, almost like asking for a rehearing. It's the same tired arguments that were wrong the first time and are wrong now being repeated in a motion for stay. Having then denied the motion for stay, which I think she will do early next week, maybe

Tuesday, Wednesday, Thursday at the latest, Donald Trump will then have to race into the DC court of appeals and ask a future not yet assembled, a panel of three judges there for a stay while he argues his appeal and he'll cite to the case that came out recently, which I think he misapplies as the precedent there for some sort of stay. It'll be up to them to do a fast briefing schedule. They may do a temporary stay of the trial so they can get to the bottom of the immunity issue. But I assure you of one thing. While it may have taken them two years to figure out if there is immunity

and whether a trial court needs to further develop the record down with the trial and take the pin out of the case and let it proceed on a civil case looking for damages, they are not gonna move this next future panel, is not gonna move so slow when you've got justice at stake and an election in November and the voters right to know whether they're voting for a convicted felon or not.

So I think they're going to move expeditiously like we've seen the court of appeals and even the Supreme Court do when matters of such importance, you know, are very constitutional republic hanging in the balance on these decisions. They're going to move very, very quickly. So I think if they even give a stay, it'll be a short stay, another short briefing schedule, which will take us through probably, you know, end of December. You know, I don't, I don't think it gets to Jan one with the decision by Jan one and no impact, hopefully, on the March 4 trial date. Maybe it moves a week or two to pick up some of this briefing timeline I just described. But that's my prediction here.

Check my batting average and pretty good at it. And if you like lawyers who know what they're talking about analyzing the law, politics, and justice, then you're going to love legal AF. It's our podcast exclusively on the Midas Touch Network. It's on Wednesdays and Saturdays at 8 p.m., which I co-enker. And then on hot takes like this one, the three or four leaders of legal AF do this about every hour, if not every day, on the Midas Touch Network. And help them get the two million by free subscribing on their

network. Leave me a comment here and a thumbs up. It really does help. Your voice can be heard. It helps with the ratings. It helps keep me on the air. So until my next hot take and until my next legal AF, this is Michael Popock reporting. Hey Midas Mighty, love this report. Continue the conversation by following us on Instagram, at Midas Touch to keep up with the most important Bye bye.