Legal AF by MeidasTouch - FREAKED OUT Trump Makes EMERGENCY FILING in NY

Episode Date: August 16, 2024

In breaking news, Trump is running scared and has just filed a new motion to try to stop his NY criminal sentencing on 18 September, and desperately wants to prevent the Manhattan DA from publicly filing before the voters their report seeking jail time for him on his 34 felony convictions. Michael Popok explains how Trump and his lawyers are WRONG ON THE LAW, FACTS, AND NEW YORK PROCEDURE, and it’s full steam ahead to Trump’s sentencing! 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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Benefits vary by card, other conditions apply. This is Michael Popak, Legal AF. We've got breaking news. Donald Trump and his lawyers are scared and quaking in their boots about a new pre-sentencing memo that the Manhattan DA is planning to file on the public docket so everyone can see recommending a prison sentence for Donald Trump in the Manhattan DA's successful conviction of Donald Trump on 34 felony counts. How do I know? Because Donald Trump has just filed a motion with the judge, Judge Mershon,

the very same judge just a day or so ago. He attacked for being unethical just three days ago and lost to try to get him removed from the case. Now he's asking Judge Murchon to once again revisit an order he just made setting the sentencing of Donald Trump for the 18th of September. Donald Trump doesn't want to be sentenced on the 18th of September. He wants the sentencing to be if it happens at all till after the election and how do I know? Because we got a new letter motion. That's what we do in New York,

a file just now by Todd Blanch and Emil Beauvais on behalf of Donald Trump. They're wrong on the law, they're wrong on the facts, and they're wrong on the procedure. Other than that, it's a perfectly fine motion. I'm gonna break it down for you as a New York practicing lawyer and as one of the leaders on Legal AF, here we go.

Let's, how did we get here? The Manhattan DA after the immunity decision came down by the United States Supreme Court on July the 1st, asked for additional time to brief the issue as to whether any aspect of that order, whether it relates to the type of evidence that can be used against Donald Trump or related to immunity itself, they wanted more time to map that decision onto

the conviction. This is not an indictment. A jury already ruled 12-0 against Donald Trump, convicting him of 34 felony counts. And the judge granted that. He gave them more time. He extended and continued the dates for him to make the decision on immunity and whether it applies or not, which ultimately be an appellate issue, and he pushed off sentencing. And what he said just a week or so ago was that the judge is going to rule on immunity after full briefing,

which has happened on the 16th of September. Two days later, he wants everybody in his courtroom for a possible likely sentencing of Donald Trump on the 34 felony counts. No more delay, no more continuances. That's not what Donald Trump heard. Donald Trump can't take, you're going to get sentenced on the 18th of September as an answer. So he continues like a spoiled child that he is, undisciplined child that he is, has his lawyer file ad nauseam motions to try to get out from under this 18th of September date. But what they're really scared about, and I'm going to read you why I believe that,

from the motion itself, is the public filing by the Manhattan DA, which is going to expose all the elements of the crime, put all the evidence out into the public record, again against Donald Trump, as, not an October surprise, but a September surprise. And they don't want that to happen. Here's what they tell the judge. I'm reading from the motion that was just filed, dated the 14th of August, on letterhead by Todd Blanchett.

This is how we do it in New York. We do letter motions. You write, dear judge, dear Justice Mershon, I know, PS, I know that we just attacked you again for your relationship with your daughter and called you unethical, but pretty please, won't you grant our request for more time and get over the election? You know where this is going. Let me just tell you why I know they're scared. Here's what they said.

They said the court should adjourn any sentencing in this case, though one should not be necessary because dismissal of the jury's verdicts are required by presidential immunity. I'll tell you why that's wrong in a minute. That's first wrong point of law. Until after the 2024 presidential election, there it is out in the open. They just want to have delay and they don't want the case represented to the public while he's campaigning. And here's what they say about that.

In the third paragraph, they say, the requested adjournment, the continuation of the date, would prevent the Manhattan DA from filing a sentencing submission while this court is still considering the presidential immunity motion. In an August 5th letter, Your Honor indicated that the court will issue a decision on the immunity motion on September 16th, that the existing September 18 sentencing date, quote, remains unchanged, and that the party should keep these dates in mind for purposes of sentencing submissions. In other words, the judge says, I'm going forward on the 18th of September and you should submit your pre-sentencing memos recommending how much prison time you think Donald Trump

should get to me in the meantime. That's a publicly filed document. Here's how I know they're scared and running scared. It says that in a July 2nd, 2024 letter, which was a month earlier, they say the court acknowledged that the sentencing may not be necessary in light of Trump. Look, the judge is not gonna to grant the immunity. It's

not going to find that any aspect of the immunity decision impacts all of the bad criminal contact Donald Trump committed before he made it to the Oval Office. This is what they're worried about. While their immunity motion is pending, the Manhattan DA should not be permitted to file a public sentencing submission that will include what the Supreme Court described as the threat of punishment in a matter that is personally and politically prejudicial to President, ex-President Trump, and his family and harmful to the institution of the presidency as a result of the type of peculiar public approprium associated with these proceedings that troubled the Trump

court with the typo. That's what they're worried about. They buried it in paragraph three, but they're worried about the public flogging of Donald Trump by the filing of the Manhattan DA's office, who will be unshackled and won't hold back in putting together all of the bad acts of Donald Trump. Not just the ones that happened that led to the investigation, the prosecution and the conviction,

but everything that Donald Trump did in and around the courthouse, in and around the courtroom, all the 10 findings of contempt, the attacks on the court system and on the judge, the violent attacks and threats against the prosecutor right up until this moment. That all goes into the giant jambalaya, the giant stew the judge will use to sentence.

They're worried about that. They're already having a terrible month where they're circling the drain and in a death spiral against Kamala Harris. They don't need this too. Even though the judge said, and they did not respond two weeks ago when the judge said, I'll see you on the 18th, no response. Instead, they file a ridiculous motion weeks ago when the judge said, I'll see you on the 18th. No response. Instead, they file a ridiculous motion to recuse the judge, disqualify him for the third time because he's related to his daughter. That's all there is.

The daughter works for democratic causes, so what? The judge gets to have a day job and be ethical for which he's taken an oath, and so does the daughter. They all get to have jobs. That's how America works. And so, but they have to make this like a political screed, a whole bunch of what we call in the business, oy, oy, oy, that's all this letter is. They're wrong on the law, I'll tell you why.

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Thank you MiracleMate for sponsoring this episode. I said they're wrong in the law, they're wrong in the facts, and they're wrong on the procedure. Here's the wrong on law and procedure. They say the judge can postpone the sentencing under a certain section of New York's criminal procedure law, what we call the CPL. And they cite to it, 380.303. Let me tell you why that doesn't apply here. You start with the proposition under New York law that a sentence must be pronounced, imposed by a court for criminal conduct and conviction without unreasonable delay. And that's what the judge is trying to accomplish here to keep public faith in the criminal justice system. The only time you can defer the sentencing,

even on a request under little three says the following, the court may defer sentencing of a classy felony where it's a first time offender. So far, that sounds like Trump. Again, it's discretionary on the judge. It's a may, not a shall. But the following subparts all have to be satisfied. The defendant stands convicted of his first felony offense. Yes, 34 of them, but they are his first felony offense that he's been convicted for. 34 of them, but they are his first felony offense that he's been convicted for. And pursuant to a plea agreement or the recommendation contained in a pre-sentence report,

the judge is inclined to impose an indeterminate term of imprisonment. What does it mean in fact that? There is no plea agreement. And we haven't gotten the pre-sentence report from the probation or parole department in New York yet. And I don't believe when the judge finally gets it, it's going to recommend a no jail time. And then even if it did, the judge has to be inclined to impose an indeterminate term of imprisonment. In other words,

the judge hasn't made up his mind about how much prison time to give him and it'll be on the low end. I don't think any of that is true. And that alone makes it so the judge cannot continue the sentencing. But we're not done. The rule also requires that the judge fine in order to delay sentencing beyond the 18th of September, that the court believes that prompt institutional confinement is not necessary to preserve the safety and security of society, that the individual may benefit from rehab opportunities presented by the deferral of

sentencing." That's not going to happen. Does anybody think Donald Trump is undergoing rehabilitative services right now? And that upon satisfactory completion of a period of deferral, the court would be more likely to impose a sentence other than a sentence of imprisonment. None of that's gonna happen here. None of that applies. So the fact that they even cite 380.303 shows that Todd Blanch doesn't know

what he's talking about about New York procedure. Even though he takes special delight to accuse the Manhattan DA of not understanding federal practice and not understanding federal procedure or how Supreme Court cases work, where they literally call that out in the letter saying that the department, basically the Manhattan DA's office is filled with a bunch of yahoos who don't know how to read Supreme Court cases. Here's what they said on that. They said, as relevant here, after wrongly denying that

presidential immunity existed for months, the Manhattan DA purported to authoritatively address the scope of presidential power and the immunity doctrine inaccurately. In a brief, they filed 23 days after the Trump decision. They did so despite only limited federal litigation experience with the notable and telling exception of a former high-ranking official from the Biden administration and without input from the federal government. Okay, there's one lawyer, Matt Colangelo, who's a special prosecutor that used to work in the Department of Justice. That's all. Okay? And to say that the Manhattan DA's office, the elite trial litigation squadron in New York on the

state side, doesn't have people who know their way around a federal court is ridiculous. It would be like me saying with accuracy that Todd Blanch doesn't know his way around New York state criminal procedure and it shows in his filing. What's going to happen now? Now that we've got the breaking news, let me do the quick analysis. Judge Murchon, we're gonna get a new response later today or tomorrow immediately, another letter brief from an opposition

for the Manhattan DA calling them out. The judge is gonna rule. Here's what he's gonna rule. He's not going to delay the sentencing beyond the 18th of September. He's going to say that the citation to the rules, the criminal procedure law 380.303 does not apply because none of the factors that are mandatory and are required have occurred and he has to sentence quickly and he will.

As to the argument that Donald Trump has an appeal and he has maybe an immediate appeal on the immunity issue and if the judge rules on the 16th, why is he sentencing on the 18th? Look, we don't do piecemeal appeals in New York at the first department or at the Court of Appeals. You got an appeal, you appeal your conviction and what happened during your trial. You appeal what happened perhaps at the grand jury level. You appeal what happened during sentencing and you appeal what happened in gag orders or in this case the judge's refusal to disqualify himself because there were no grounds properly presented. You do it all in one appeal. You don't like, well, let's do the immunity issue and if there's any immunity issue then maybe we do the sentencing issue. They've also confused, and it chaps my backside, that they continue to try to confuse the judge

and this judge is not going to have any of it, about the immunity decision at the United States Supreme Court level. Even they aren't arguing that Donald Trump was immune from prosecution and conviction because he happened to become president after the fact, after the Stormy Daniels hush money bribe coverup. Even they're not arguing that. The only application of the immunity decision at the Supreme Court level to this case,

which has already been tried to a jury and led to a conviction, is that certain evidence that got led in by the judge appropriately, that had to do with Donald Trump's short time in the White House as part of the scheme to cover up the Stormy Daniels affair. And some of the people he talked to or that did certain things now employed by the White House,

maybe some of that conduct should not have gone to the jury under the immunity decision. But none of that testimony about Hope Hicks or Madeleine Westerhoek, who ran his diary or his calendar or any of that, none of that led to Donald Trump's conviction. They would have to be able to prove that without Hope Hicks and without Madeline Westerhoof's testimony, Donald Trump would not have been convicted of 34 felony counts. Good luck. There were dozens of witnesses against Donald Trump, led by Michael Cohen, led by David Pecker of the National Enquirer, led by Alan Weisselberg and Jeff McConney, the chief money men for years within Donald Trump's own organization, and others

within his organization that testified very strongly and unequivocally against him. The judge is going to find that none of the evidence should not have been presented under the immunity decision and certainly didn't lead to his conviction denied. And so for them to continue to say, well, you may not have jurisdiction to even sentence under the immunity decision is a lie. And again, a fundamental misunderstanding and misapprehension of the law, the facts and the procedure.

Other than that, a perfectly filed motion and timing. I'm sure you're gonna see me back here doing another hot take on the Manhattan DA filing their opposition and on the judge denying it all. Full steam ahead to the 18th of September for the sentencing. Full steam ahead to the ultimate decision by the judge on the 16th of September,

finding the immunity decision does not undercut in any way or lead to the vacating of any part of the convictions against Donald Trump. Justice prevails. The wheels of justice grind slowly, but ever so fine. Only here on the Midas Touch Network and on Legal AF, you can follow our show. It's sort of like this, except on Wednesdays and Saturdays at 8 p.m. Eastern time. You can watch the live recording. Me and Karen Freeman at Knifilow on Wednesdays, Ben Micellus and me on Saturdays at 8 p.m. Eastern Time. You can watch the live recording, me and Karen Freeman at Niflo on Wednesdays, Ben Mycelis and me on Saturdays, and then hot takes like this whenever we get

excited, which is about every hour on the Midas Touch Network and on your YouTube channel. And just plug in Legal AF. Look for that logo on your audio podcast platforms and we'll be there waiting for you. Thanks for joining. 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,

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