Legal AF by MeidasTouch - Ivanka Trump FACES the Moment She’s Been DREADING, TIME’S UP

Episode Date: October 30, 2023

All of your questions as to Ivanka’s expected testimony in the Trump Civil Fraud case — does she she take the 5th amendment, what about the fact the case was dismissed against her — and how the... NY attorney general plans to show “intent to defraud” against Trump through her, are answered. Michael Popok of Legal AF unpacks the expected cross examination of Ivanka Trump, and how it will devastate Trump’s ability to defend against the fraud case trying to take his buildings, money, and business reputation away from him. Thanks to Beam! Get up to 50% off for a limited time when you go to shopbeam.com/legalaf and use code CYBER at checkout! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 On Democracy with FP Wellman: https://pod.link/1623863298 Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:00:00 This is Michael Popok, legal AF. After we got over the initial shock that Ivanka Trump is going to take the stand next week against Donald Trump, there's a lot of questions floating around there. I'm going to try to answer on this hot take. Namely, is she going to take the Fifth Amendment against self-incrimination and not testify at all? It's a possibility. What are the topics that will be raised by the New York Attorney General, based on what
Starting point is 00:00:24 was in the original indictment and all of that. The fact that Ivanka Trump was dismissed from the case by the appellate court. Does that mean she's got any limitations on her ability to testify and can that issue be brought up in cross examination of her to show, for instance, her bias or lack of credibility on a certain point? Those are some of the questions I'm going to try to answer right here on this hot take might as touch network. Let's go.
Starting point is 00:00:50 Yvonne could Trump, besides being first daughter and whatever else she was, and a special advisor to the president while Donald Trump was president. She was also for a long, long time, the vice president and of the Trump organization. In fact, she, not Don Jr. or Eric, were always seen as the heir apparent to Donald Trump to take over that organization. And he was put in a trading academy in order to learn his way of doing business, which apparently also included fraud. She was involved in a number of loans and insurance
Starting point is 00:01:23 relationships for the Trump organization, especially in the, I would say the 2010s, the 2015 to 2016 time period, and a lot of those were based on her submitting on behalf of the Trump organization, Donald Trump's statement of financial condition, her dad's statement of financial condition, which is the premise of this lawsuit brought by the New York Attorney General.
Starting point is 00:01:49 He lied on because he cooked the books because the numbers were just made up. They were just his estimates. They were just whatever he felt like on a given day. They were like the Mona Lisa painting hanging on a wall. Who can put value on that? Things like that. that Donald Trump actually set in his deposition under oath to LaTisha James. The problem is that all got put down all of those pipe dreams
Starting point is 00:02:13 of Donald Trump got put down in writing and presented to bankers and lenders and investors and insurance companies as real numbers backed by real appraisers and real appraisals and real financial economics underneath them, not made up reverse engineered numbers where he said, I don't like to make it six, I don't like 20 million, make it 40 million, you know, it's not just supposed to be the back of a pencil and an eraser, it's supposed to be based on something on economics, on real estate financing components and values and that type of thing. Back to Ivanka. Ivanka, for instance, in the old post office case, in which the Trump
Starting point is 00:02:55 organization, even before Donald Trump became president, got the long-term ground lease to the old post office in Washington, DC, beautiful, majestic old building they made into a hotel, continue to operate as a hotel. She negotiated all of that, including for the lease with the government, right? And in order to negotiate with the government, they required a statement of financial conditions and finances of the Trump organization. And she submitted them, including certifications by her father that said, everything I write here is true and it's supported by generally account generally accepted accounting principles and the like and people relied on it to their detriment because he's not getting the ground lease, the Trump organization,
Starting point is 00:03:38 for the old post office, the OPO, unless he lies and inflates the numbers on his balance sheet. That is the premise of the case. He would not have gotten the loans, P.O. unless he lies and inflates the numbers on his balance sheet. That is the premise of the case. He would not have gotten the loans. He would not have gotten the insurance. He would not have gotten the surety bonds to complete construction projects if he hadn't lied and his finances. And Ivanka was a conduit for that lying, even though she may not have filled out the
Starting point is 00:04:02 paperwork. The fact that she used it as part of her business operation filled out the paperwork, the fact that she used it as part of her business operation to obtain the loan, the project, the lease, the approval, the insurance, that's what it goes to. Some might be thinking out there, sure she was involved in getting insurance from places like the Zurich insurance company, putting up financial statements of her dad using them with all that fraud in there and hyperinflated, artificially inflated numbers to get insurance,
Starting point is 00:04:29 to get a surety bond, which is a bond to build a building. You got to post a certain amount of assets or a bond in order to do something or being allowed to do something. In this case, construct a building or a project. And so, sure she used all of them, but why is she liable for all of them? Well, they don't need her necessarily based on the evidence already presented to destroy Donald Trump and say, he knew, my dad knew that those numbers were fake. She just needs to establish through her testimony that they intentionally use these documents in order
Starting point is 00:05:06 to obtain their desired outcome to get the loan, the insurance, the surety bond. That's the intent, why is intent important? Because of the remaining counts that are being tried here in court, the six counts, what distinguishes them from the one count of persistent fraud that the judge already ruled on a month ago against Donald Trump finding liability for persistent fraud under 63-12 of the of the New York State executive law, which is of anti fraud statute, anti fraud powers for the New York Attorney General. That particular statute, that particular claim that was already decided by the judge before trial did not require the finding of intent as an element. You can accidentally commit persistent fraud in New York is what I'm saying for that particular
Starting point is 00:05:54 count. But for the remaining six counts for persistent fraud in financial statements, persistent fraud and insurance documents, persistent fraud in everything else. The remaining six counts, you need to show intent. So you need an executive, for instance, like Ivanka, right? Not so much the financial reporting people, like Weisselberg and McConee in the organization and the assistant controller and the assistant vice the assistant chief financial officer because they're booking events that already happened. The people on the front line who were doing the deals, the point person for the deal are Don Jr. Eric sort of split up the empire, especially when their father was in office. And so they want her to say that they intentionally used and they knew they needed to intentionally
Starting point is 00:06:51 provide the financial statements of Donald Trump in order to get and achieve the outcome that they were looking for, the loan, the insurance, the bond, the building, the like. That's all they needed to do. And so she's going to be hard press, not to answer that question that way, when she's given a raft of documents with her name on it, and a raft of requirements by the counterparty, right, the person on the other side of the transaction, whatever it is, insurance company bank lender, that type of investor, that type of thing. whatever it is insurance company bank lender that type in investor that type of thing. And say you knew you had a requirement to supply the statement of financial condition, didn't you, ma'am? Yes. And you did supply the statement of financial condition signed by your dad, didn't you?
Starting point is 00:07:35 Yes. And you know that if it was a requirement to get the loan, the insurance with the bond or the property or the lease that that be submitted, didn't you, ma'am? Yes. And if you hadn't submitted it, you would not have satisfied a requirement of that counterparty. Would you have no? And you would, you, you likely would not have obtained it. That's the reason they're asking you for it, right? Ma'am? Yes. And you were competing with other people to achieve those, some of those objectives, right. There were other people trying to get the lease for the old post office, right, man? Yes. And those people were submitting their own financial packages.
Starting point is 00:08:10 weren't they? Yes. So in a way, you were competing with them and you had to have your package all in a row, ducks all in a row, with a ribbon around it to mix metaphors and submit it, right, man? Yes. And you did that. And that's your signature on the bottom of a cover letter submitting or an email submitting this material. Isn't that right, man?
Starting point is 00:08:32 Yes. And you intended for the other side to rely on the on that information in order to make their decision about what you're trying to achieve. Right, man? Yes. That is the intentional cross examination that we will see of a vodka Trump, my version, 32 year trial lawyer, giving you what's going to happen in that courtroom. Did you know that poor sleep can cause weight gain, mood issues, poor mental health,
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Starting point is 00:10:08 First off, it was delicious, and just a lovely night time routine, and secondly and most importantly, it helped me fall asleep and stay asleep. The next day I woke up ready and eager to take on all of life's challenges and tasks. Find out why Forbes and the New York Times are all talking about beam and why it's trusted by the world's top athletes and business professionals. If you want to try beams best selling dream powder, take advantage of their biggest sale of the year and get up to 50% off for a limited time when you go to shopbeam.com slash legal AF and use code cyber at checkout, that shopbeam.com slash legal AF and use code cyber for up to 50% off. Now some people might be asking what else is she involved with? Well, she was involved with
Starting point is 00:10:54 executing a number of major deals for the Trump organization. Now the reason she's not a defendant any longer, some people might be wondering that. How does that impact her testimony? Well, the appellate court, which is the first department court of appeals, which I'm a member as a lawyer, that's where I was sworn in, sits over the Manhattan Supreme Court, which is the trial level court in New York, where this case is happening. So that's the bosses for Judge Engoron. And they decided, based on some motion practiced by an appeal actually filed by Ivanka, that it's not that she didn't do bad things.
Starting point is 00:11:32 It's that the bad things that she did happen before February of 2016, and therefore under a statute of limitations, meaning things were too old to be sued on by the New York Attorney General. Once you took that razor and you cut off activity before February of 2016, there was nothing else alleged in the indictment after February of 2016 that involved the banca that could keep her in the case. So it's not that she got absolved by the first department of pellet court, which is what her lawyer is in Donald Trump likes to say. It's just that they, the bad stuff she did as a ledge
Starting point is 00:12:06 were too old to Suhan. Okay, follow that. Doesn't mean she can't be asked about that in cross examination. Sort of like, you know, when a boxer works the body for five or six rounds before they go for the knockout, these are gonna be the body blows that Ivanka's gonna take on her credibility and her bias and her own fraudulent conduct.
Starting point is 00:12:29 Just because she was cut out doesn't mean they can't go for her, the facts that she knows about. She can testify to even if it goes beyond the dates that are involved. Now the judge might get a little bit frustrated. I think at a certain point, when after they've established that she's got her own, you know, fingers in the pies, so to speak, the judge will say, why don't we move on here? This is all pre-February 2016 conduct. I get it. I understand why you're doing it. It goes to bias. It goes to credibility of the witness, but let's move on. Okay. And then when they
Starting point is 00:13:01 move on, they'll talk about, like I said, insurance fraud, real estate fraud. And there's some other things that they can hit her with that are just easy low hanging fruit. They can say to her, well, let's go over some apartments that you were offered in Trump tower, where you also have an office and your dad lives. Let's go through that. And they'll say, weren't you offered an apartment in Trump tower for $8 million. I was. And did you know that that same apartment, in and around the same time, was listed on the books of Trump, of the Trump organization signed by your dad as being authentic at 25 million. More than three times the amount that you know that, just like, well, I don't know that. Or that wasn't my interest, or she'll look down at her shoes. And then similarly, there was another apartment
Starting point is 00:13:49 where he offered a two over 14 million. And did you know that was on the books for 75 million? And they'll keep doing that. And these are easy because they got the documents that support it. Here's the eight million dollar offer. Here's the 25 million same property list and same unit listed and dumped out. You see that? Did you or you aware? She either says she was aware of it and she's admitted to participating in fraud or she says she wasn't aware of it, which is fine. It fine in terms of developing evidence against her family and her father. She's already thrown the brothers under the bus when she tried to argue that she should be dismissed from the case and dismissed from being
Starting point is 00:14:29 financially monitored, there's a financial monitor some people forget about. That's been in place for almost a year because the judge found persistent fraud was likely going on and you can't have a fraud company operating in New York without supervision, even while the trial is going on. So former federal judge Barbara Jones looks at all the money flow in and out and assets and makes reports about all the Trump organization entities and all the kids, right? Junior Eric and Don and Don Trump too, Donald Trump too, has to submit to this, to this monitor. But Ivanka got out from under it, but even before she was dismissed from the case, which we thought was sort of weird, but she argued, well even before she was dismissed from the case, which we thought
Starting point is 00:15:05 was sort of weird, but she argued, well, I'm not really doing the day to day anymore. I haven't been there since 2017. My brother's really handled all the things related to the finances and the financial statements. I mean, listen to that. It wasn't me. It was others. Yeah, the others are your brothers. Others are brothers. All right? And so they're going to, you know, set her up. She's going to go after a flame out on the stand. I'm sure by Don Jr. and then Eric Trump and then Ivanka. And then, of course, they're ready for a big daddy, you know, cat on a hot tin roof to go and testify. So these are the topics that they'll cover with her. This is the bias and the credibility that they'll use to cross-examine her.
Starting point is 00:15:47 These are the issues they're going to use. And for her, she's the only thing she's got going for her in terms of testimony, as unlike her brother Eric who took the fifth amendment against self-incrimination 500 times and her father who took it 400 times originally, she didn't have to give a deposition. She just gave an interview with the New York Attorney General, you know, on the, I think it was on the record, but she took an interview, she did an interview, which is good and bad. Those that got deposed, at least know where the New York Attorney General is going to go, because they were already deposed under oath and there's like a 500 page transcript.
Starting point is 00:16:21 There is no 500 page transcript for Ivanka. So this is going to be freewheeling Ivanka unplugged, even our own lawyers who are relatively new to the case. They don't even know where where she's going. So watch for a hand-to-hand combat in the courtroom. Her lawyer is aggressive, Bennett Moscoots. Good lawyer in town, I know him by reputation at least. They're going to be challenging every question, every attempt to try to limit her testimony and whenever they see something that ranges away from the statute of limitations of February 2016, they're going to say, just too old, just too stale.
Starting point is 00:16:53 Why are we talking about this? It's irrelevant. And the Eurotrany General is going to have to be prepared to show the court why all of this is relevant. I think it goes to credibility, you know, just because you defrauded somebody, for instance, you know, beyond the statute of limitations by a day, doesn't mean you didn't do it. And it doesn't mean you get to stand there with a halo on your head and be completely believed, right? And so that there is going to be that element of it. So that's what we're going to see with Ivanka Trump and we'll report on the Midas Touch
Starting point is 00:17:23 Network right here on this YouTube channel. You know it. You're watching me on this YouTube channel. As we get reporting about Don Jr. first, then Eric, then Ivanka. And by the way, there is a reason for this sequence. This isn't half hazard. They weren't like, they didn't pick it out of a scrabble bag. Oh, let's do Don Jr. First. This is on purpose. I am a 32 year trial lawyer. I know how to sequence cases and witnesses to build a narrative and get momentum. And they purposely chose all of these people. Or as I said, on the recent edition of legal AF on Saturday that I co hosted and co anchored, I said, this reminds me of John Larson's play, the person who wrote and composed rent. He had another play called
Starting point is 00:18:05 tick, tick, tick, boom. And that's what we're watching. Don Jr. He's going to be a meltdown, which Don Jr. shows up cocaine, bear Don Jr. or some other Don Jr. Eric Trump, who barely has any fingernails left on his fingers. He's a compulsive fingernail bite her. I'm not getting. And he'll come up there raw fingers. They should actually have him show his fingers to the judge if that's any indication of what's really going on inside of here. So he'll be terrible. And he ran a lot of the organization for his father at a certain point. And then Ivanka, you know, the first daughter of the first, you know, fell in the blank with any funny punchline related to Ivanka,
Starting point is 00:18:52 Kushner now. And then the leading into Donald, Donald's going to have to watch and squirm and act out and become more and more destabilized as each of these children testify against him. That's the goal of the New York Attorney General. She's chosen this moment in time to put Donald Trump on the stand the day before the election day poetic justice the day before election day one year before his maybe being up for office for the presidency. He's going to have to testify and after watching Michael Cohen and then these these sleepy dopey, you know scratchy and whatever you want to call you fuck up, you know, the scratchy and whatever you want to call, you fuck up. You know, the dwarves here testifying before he testifies. So he'll be mega, not mega. He'll be mega destabilized, mega unhinged.
Starting point is 00:19:37 He'll be, he'll be ready to just blow. He may not sit for his entire deposition. Mike Co-Aker, on legal AF, Ben, myself thinks he's not even going to show for his deposition, meaning we'd have to go through a process to arrest blow. He may not sit for his entire deposition. My co-anchor on legal AF, Ben, myself thinks he's not even going to show for his deposition, meaning we'd have to go through a process to arrest him and bring him into court, which that would also be fun to watch. Watch it on the Midas Touch Network, watch it on legal AF Wednesdays and Saturday nights at 8 p.m. Eastern time and on audio podcasts, platforms wherever you get them. I do this hot hot take, type stuff about every day, sometimes every hour, sometimes for a day,
Starting point is 00:20:09 it really just depends on what's going on in addition to my law practice. And I do it right exclusively in one place. I might as well touch YouTube channel, help them get to 2 million free subscribers. They're already at 1.7 and rapidly moving, help them get to 2 million. The bigger they get as a grassroots organization, the more your voice is heard. Give me a thumbs
Starting point is 00:20:29 up for this particular hot take and leave a comment, helps with the ratings and algorithms and keeps this content on the air. It's all my next hot take. Until my next legal AF, this is Michael Popo reporting. Hey, MidasMide. Love this report? Continue the conversation by following us on Instagram. Legal AF, this is Michael Popo reporting.

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