Legal AF by MeidasTouch - Judge Delivers BOMBSHELL Ruling Trump FEARED in DC

Episode Date: September 24, 2024

Trump just got slammed by Judge Chutkan in a new order in the DC Election Interference case, in which she not only is letting the Special Counsel file a 180-page brief against Trump with new evidence aired for the American people, but she is keeping Trump to only 45 pages in opposition! Michael Popok of Legal AF explains how Trump lost not once but twice today as an aggravated Court also denied a motion he didn’t even file yet! Cancel unwanted subscriptions – and manage your expenses the easy way – by going to https://RocketMoney.com/legalaf 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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Redefine possible with Business Platinum. That's the powerful backing of American Express. Terms and conditions apply. Visit amex.ca slash business platinum. This is Michael Popock with some breaking news in the DC election interference case. Judge Chutkin has just as we expected, has granted the special counsel the right to file a 180 page brief, four times the normal limit in order to address all of the facts that are necessary to support the new superseding indictment and avoid it being dismissed on immunity grounds.

Donald Trump had vehemently opposed having the special counsel file a 180 page brief. He said it was lawless. He thought it was a monstrosity. He said it was irrelevant, but what he really didn't want is he didn't want what Judge Chutkin had already granted the government back on September the 5th. He it was irrelevant, but what he really didn't want is he didn't want what Judge Chutkin had already granted the government back on September the 5th. He didn't want the government to have not one but two opportunities in two separate briefs to tell the American people what is the new evidence and the evidence that we hadn't heard about yet to support the indictment. Donald Trump

hates that, hates the presentation by the Department of Justice that the judge is allowing to the American people before the election, and Donald Trump will just get one opportunity to oppose. But what Judge Chuckin really hates herself is that every time Donald Trump has an opportunity to file something, he files the wrong thing. And he continues to complain and cry in all of his filings that the judge got it wrong. The judge should do this differently. The judge should allow the briefing schedule to go in a different order. The judge should force the government to turn over more documents before the immunity decision is prepared. The judge shouldn't allow the special counsel to file a brief at all.

She should just dismiss the case without a brief and the judge isn't buying any of it. Let me read to you now from the order that we now have our hands on. So here's the order that we have. The court will grant the government's request for leave to file an oversized brief on the pending immunity issue. That's the 180 pages is now coming in. And what Donald Trump didn't ask for is he didn't ask for his own 180 page brief. So now, right now he's stuck at 45 pages against a 180-page brief, but that's his fault. He'll probably now double back and say, well, we need 180 pages too, Judge, but right now she hasn't granted that to him.

In remanding this case, the Judge reminds all sides, including Trump, the Supreme Court directed this court to conduct a close and fact-specific analysis of the indictments extensive in interrelated allegations. This is exactly the point that the special counsel made in arguing that he needed the 180 pages. Now, by the way, this brief is being filed in the next day, so it was good that she got this order out because it's being filed on the 26th. So they only had two days. If the judge denied it, Jack Smith would be doing a lot of late-night editing to get a 180-page brief that he said he had in draft down to 45 pages. But he doesn't have to worry about that now. The court continues in the order. It is anticipated that the analysis by the court would require briefing on how to characterize numerous alleged interactions with the wide variety of state officials and private persons, and supplementing other allegations

with content, form, and context not contained in the indictment itself. Remember, the indictment does not present the entire case against the defendant. It just puts him on reasonable constitutional due process notice of what the charges are against him. But the Supreme Court has basically forced the special counsel's hand to put on a lot of their case in this 180 page filing. And the judge says, that's exactly what I need.

What you've proposed government is what I need. She then goes on to say on the second page, she calls out the thing that we said in prior hot takes she would call out that she's annoyed that Donald Trump continues to use anything he files to argue for what amounts to a motion for reconsideration. We don't like your September 5th decision. We don't like the way you've set up the 10 different briefs over the next four weeks. And we think this should go before that and discovery should go after an immunity and we should do the whole thing in 2025. And the judge says this about that, for the second time in a week, defendant urges reconsideration of the current pretrial schedule in a brief intended to respond to a separate issue and without

actually filing a motion for reconsideration. Defendant's argument against the requested page limit expansion comprises a single statement that the government's request would quadruple the standard page limit in the district. Of course, that's math. The rest of the nine-page opposition rehashes the defendant's position that immunity briefings should not begin until he files a motion to dismiss several months from now. The court's already addressed that issue. Having the government file an opening immunity brief reflects the remand from the Supreme Court's unusual procedural posture, where the Court has been directed to accept party submissions on and make specific determinations about the nature of the allegations

which the government modified in the superseding indictment. The length and breadth of the government's proposed brief reflects this uniquely challenging and fact-bound nature of those determinations. It's going to take a minute, she's saying, and I need a lot of documents and information and new evidence in order to put this into the context as required by the Supreme Court, because the Supreme Court has told her to do now what she didn't do before, according to them. Take all the facts of the indictment with the context that the government will provide you and decide what falls into the absolute immunity bucket for which he can't be prosecuted, what falls into the official

conduct, presumption of immunity bucket that can be overcome with a showing by the government, and what falls into private conduct that's prosecutable. It feels like everything has a subscription these days. Food, streaming, phones, even dog food. Rocket Money has helped me get a hold of what's coming out of my bank account in one place. Rocket Money is a personal finance app that empowers you to save more, spend less, and take control of your financial life. With Rocket Money, you can see all of your checking,

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That's rocketmoney.com slash legalaf. Once again, rocketmoney.com, slash Legal AF. But she goes on, since you are framing this as a motion for reconsideration, let me tell you why you lose the motion for reconsideration. So Donald Trump not only got denied his opposition to the 180 pages, but he got rejected and got a denial on a motion. He didn't even file. That's how bad things are going for Donald Trump in that courtroom. He didn't really file a motion

for reconsideration, but she says, yes, you did, and I'm denying it. The court goes on and says that all of the threshold issues that he has raised have been rejected in the past by the court, that the briefing schedule will allow for extrajudicial statements to be out to the jury, but she says there's ways to address that. The court rejects the defendant's unsupported assertion that publicly-docketed, non-sensitive materials during the immunity briefing would impermissibly impact potential witnesses and taint the jury pool.

Moreover, and once again, the judge says, defendant offers no reason why the same predicted harms would not result from his own proposal, which would include immunity briefing with presumably the same materials. So it's really just a timing issue. It's that he doesn't...let me repeat this. Donald Trump doesn't want any new facts to be presented to the American people before they vote. That's all he cares about. So all this other, oh, the jury will be tainted. He's not saying the jury. When you hear jury tainted, he's translated that into voters being impacted by the new information. That's all he's saying here. And then finally, the court says, fifth and finally, defendant claims that the government's forthcoming brief violates Department of Justice policy. And he argues that the brief would run afoul of the justice manual,

which prohibits federal prosecutors from selecting the timing of any action for the purpose of affecting an election. The court need not address the substance of those claims. Defendant does not explain how these putative violations cause him legal prejudice in this case or how this court is bound by or has jurisdiction to enforce a Department of Justice policy. For those reasons, the Oversized Motion for Leave to File an Oversized Motion is granted and Defendants Request for Reconsideration of the Pre-Trial Schedule is denied. Tanya Chukin, what does this mean? This means that there's gonna be 180 page brief plus

thousands of pages of exhibits and witness statements that are gonna be coming in on the 26th. We're gonna break it all down on Legal AF and on the new Legal AF YouTube channel, Legal AF MTN. And we're gonna talk about it on podcasts throughout this ecosystem on MidasTouch from from Miss Trial to Legal AF and everything in between. 26th, there's going to be the brief. Donald Trump has a month to file his brief. Then there's going to be a reply brief at the end or right before the election at the end

of October. From there, don't expect a decision by Judge Chutkin, not with four or 500 pages of documents and thousands of exhibits for her to go through. It's going to take her a minute. It's going to be at least a month or two, I'm thinking right around the time of the inauguration, hopefully of Madam President Kamala Harris. But that's what that's going to happen. And then the loser, Donald Trump, is going to take the case up to the D.C. Court of Appeals

and then on some fast track to the United States Supreme Court, hopefully when he's no longer looking at returning to office. That's what's going to happen. We'll break it all down for you the way we always do on Legal AF at the intersection of law and politics. Find out what 40 million people a month already know. That Legal AF is the home of law and politics, analysis and commentary like no other. And you can't find it anywhere else. And so we decided to open up a new channel in collaboration with the MidasTutche network. It's called Legal AF MTN. Help us get to 100,000 free subscribers before, before the final brief is filed in this particular

issue with Judge Chutkin. So until my next hot take, until my next Legal AF. Until my next Legal AF exclusive content on the new channel that you can help us build. This is Michael Popak reporting. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at LegalAFMTN. That's at LegalAFMTN.