Legal AF by MeidasTouch - Judge in Trump RICO Case make MOST IMPORTANT Order Yet

Starting point is 00:00:00 At Salesforce, we're all about asking more of AI. Questions like, where's the data going? Is it secure? Are you sure? Are you sure you're sure? Get answers you can trust from Salesforce at AskMoreVai.com. This is Michael Popak, legal AF. We got a new bombshell order from Scott McAfee,

Starting point is 00:00:17 Fulton County court judge, in which he has now told the world how he's gonna handle the trial of the 19 co-conspirators, including one named Donald Trump in Fulton County. And it's not what you think. Let's start with the order. The order just issued did a couple of things, three major things. All in one eight page order. That's how concise and precise this judge is.

Starting point is 00:00:45 First, he's decided that Ken Chespro and Sydney Powell are joined and conjoined at the hip and they're going to trial together, denying Ken Chespro and Sydney Powell's motion to separate from each other and have separate trials. They're both going to trial at the same time in, it looks like more like a jury being sat in November, not in October as we had predicted.

Starting point is 00:01:12 And that two-person trial, despite their efforts to try to wiggle away from each other and argue that they're just distant spokes on a criminal conspiracy wheel to use their phrases repeated by Judge McAfee, they're going to trial together. And they're just distant spokes on a criminal conspiracy wheel to use their phrases repeated by Judge McAfee. They're going to trial together and they're going to trial together and the judge is indicated in the order. He's going to get that jury in place in November, no later than November the third in order

Starting point is 00:01:37 to avoid any dismissal of the case. But that's not even the biggest result. I'm going to do it in order of lowest to highest. That was the lowest. The next lowest is that everybody that's trying to get to federal court is not gonna have their state prosecution stayed or slowed down at all while they await to see what happens in the Northern District of Georgia. Attention, Mark Meadows, but not

Starting point is 00:02:05 just Mark Meadows, all the rest, Jeffrey Clark, still Kathy Latham, the fake electors, who are all trying to get their way over to federal court and judge Jones. That may be going on, but Judge McAfee in this order said, there's nothing about that process that's going to delay your ability to review the discovery material provided by the Fawni Welles' team, the Fulton County DA, and prepare whatever emotions you have to prepare. And the fact that there's a trial in late October, beginning of November, involving Chespro and Powell, means we're not going to get around to your motion practice until well after the Northern District of Georgia federal court even rules on the removal.

Starting point is 00:02:52 Remember, Northern District of Georgia is moving quickly in federal court on issues and the 11th Circuit, which is overseeing the Northern District of Georgia, has already set expedited speedy briefing schedule and a hearing related to Mark Meadows' attempts to get to federal court. That's going to get decided in September, early October at the latest. And Judge McAfee recognized that and said, so my issues, which are going to happen in December 2023, beginning of 2024 at the the earliest isn't going to interfere. I'm not staying anything.

Starting point is 00:03:27 So you are in this court and in this proceedings, Mr. Meadows in state court until you're not and that's that's the second biggest bombshell little bomb lit within the order. But the biggest one is that the judge on his own Recognizing that there's been a series of motions filed by Donald Trump Rudy Giuliani and others To sever or separate themselves from Chespro and Powell going to go into trial in October Trying to back away and saying we'll wave our speedy trial We don't need a trial that fast or in Donald Trump's case at all The judge said, look, and basically now he's talking through his order at Fony Willis.

Starting point is 00:04:09 I get that the prosecutors always say that they're ready. Appreciate that. He actually said that in the order. However, the logistical nightmare of a mega case, a mega trial, his words, like the one that you're proposing Miss Willis is just not, it words, like the one that you're proposing, Ms. Willis, is just not, it's just not conceivable that we're going to be able to try all 19 people at the end of October and the end of, at the beginning of November, for many, many reasons that judge outlined. One, there's invariably going to be motions for continuance that are going

Starting point is 00:04:42 to be filed by the various lawyers for the the for the defendants arguing that they haven't had time to prepare, that they're not ready, that they have other trials, that there's trial conflicts. And he's suggesting I'm going to grant those motions for continuance if they're made in good faith. That's one. Secondly, logistically housekeeping, we don't have a courtroom big enough in Fulton County. Uh, the judge said to handle 19 people, not with 19 defendants, all of their respective lawyers, which could be two or three of peace, plus courtroom personnel, plus the sheriff's personnel,

Starting point is 00:05:17 plus my the courts personnel, plus the prosecution team and investigators and witnesses can't do it. And so even though I understand, and this is the judge in his order speaking, I understand that judicial efficiency and to try to avoid inconsistent verdicts by having multiple trials on the same conspiracy is something that's admirable that we'd like to accomplish. We can't do it here. We have other concerns that are coming to undercut the general rule, do a trial on a conspiracy all in one room with all the people at one time. This show is sponsored by Better Help.

Starting point is 00:05:54 Do you ever find that just as you're trying to fall asleep, your brain suddenly won't stop talking? Do your thoughts start racing right before better at other inopportune moments? As a practicing lawyer, I know my mind is always racing, whether it's work related or family related. I've personally benefited from years of therapy because it allows me to discuss my feelings of uneasiness or stress factors and find ways to cope in a healthy and productive way. It's helpful for learning positive coping skills, how to set boundaries, and empowers

Starting point is 00:06:21 you to be the best version of yourself. And it just isn't for those who have experienced major trauma. It's literally for everyone. Whether you're dealing with decisions around career, relationships or anything else, therapy can help you stay connected to what you really want and really help you while you navigate life. So you can move forward with confidence, excitement, and just feeling good. If you're thinking of starting therapy, give better help

Starting point is 00:06:45 a try. It's entirely online, so you can do it from anywhere at a time that's convenient for you. It's designed to be convenient, flexible, and suited to your individual schedule. Just fill out a brief questionnaire and get matched with a licensed therapist. You can switch therapists at any time for no additional charge. Get a break from your thoughts with better help. Visit betterhelp.com slash legal AF today to get 10% off your first month. That's better HELP.com slash legal AF. And that's what the judge is. That was the big bombshell for me is that the judge has declared he's granted all of the motions to sever pulling the pin on this, you know, this rollercoaster to separate

Starting point is 00:07:27 Chessbro and Powell from the other 17 and is basically said straight out, we're not trying in the other 17 together. They're gonna, I don't know if it's going to be cut in half, he said in his order or it's going to be some other multiples will jump from that bridge when we get there. That's my paraphrase of the judge. Let me read for you specifically in the order. And I thought ultimately this was, you know, we may not like exactly the ruling. We'd love to see like in a movie, all 19 people, you know, tried in one place at one time, but it's not going to happen. It didn't happen with the proud boys and the oath keepers that were tried in federal court. They were separated because of room size

Starting point is 00:08:09 and logistics and that type of thing. And it's gonna happen here. We said on legal AF, it could be two groups, it could be three groups, right? It could be, you know, five, five and seven, something like that, tried over several months. What we really care about is that Donald Trump is in the first group, right? Then he's tried in the first group early.

Starting point is 00:08:31 He's not going to be tried in October, November, not happening. John's already declared, Donald Trump is not getting tried in October, November. Question is, in which next grouping is he going to be tried? And is that early enough for the November election? That's really the issue to be focused on on this particular hot tick. So here's what he said. The state, this is from Judge McAfee's order.

Starting point is 00:08:57 The state maintains that it is ready to begin trial on October 23rd and that all 19 defendants should be seated across the tables that day. While adherence to the unwritten rule that the state is, quote, always ready is appreciated, several factors outside the traditional severance analysis demand consideration. First each defendant has either filed or is indicated that they are going to file a severance motion to get away, not from each other, but from the three, the two they are going to file a severance motion to get away, not from each other, but from the three, the two that are going to trial in October.

Starting point is 00:09:30 The court went on to say that that several defense counsel point to scheduling conflicts, including other jury trials, the, that prevent them from fully preparing for trial that must begin in approximately 40 days. Others contend that a full review of the discovery, the information obtained from the state, which they have not yet received is undeniably voluminous. And it is necessary before they can articulate the exact reasons why severance is needed. IE, whether antagonistic defenses are expected. Even if the cases remain together

Starting point is 00:10:06 for now, once continuous, continuous motions, those are motions to extend the time of the trial are filed by citing insufficient preparation by defense counsel. The court would be hard pressed to find a lack of diligence in the part of defense council in so compressed a timeline. Listen to the court here. They're precarious ability of the court to safeguard each defendant's due process rights and ensure adequate pre-trial preparation on the current accelerated track preparation on the current accelerated track weighs heavily, if not decisively, in favor of severance. And so that's the takeaway from this hot tick. The judge on his own is taken over Housekeeping logistics, and Donald Trump is not going to

Starting point is 00:10:56 trial at the beginning of end of October, beginning of November. He's likely not going to trial. He's definitely not going to trial in 2023. The only remaining question now that the judge has left for another day is whether how many groups are going, these 17 remaining are gonna be separated into for trial purposes.

Starting point is 00:11:15 And which grouping, first, second or third, let's say is Donald Trump gonna be in so this trial can get with Trump handled before November. That doesn't seem to be a concern yet for the judge. He hasn't raised it in his papers. Fawri Willis hasn't pushed the issue. She keeps talking about the 19, the 19, the 19. It's time for her to start talking about the one.

Starting point is 00:11:36 Talk about Donald Trump in your next filings would be my recommendation of Fawri Willis, who's doing a great job. But here's a little armchair quarterbacking. Focus on Donald Trump. Get him into group one. Propose now that you've heard the judge's decision. Propose a reasonable schedule in 2024

Starting point is 00:11:54 to try all of these cases in two or three groups and put Donald Trump in group one. That would be my legal AF recommendation. We'll continue to follow on on issues just like this one. I mean, this judge did more in eight pages than other judges like Eileen Cannon down in Florida can do in 30. I mean, this was about as efficient and cut to the bone and cut and dry as possible. And I kind of appreciate that. And now, Fony Willis knows what to do next. If her ultimate goal is to get Donald Trump tried before the election, she knows what to

Starting point is 00:12:28 do. Propose a careful plan, a reasonable plan for 2024 sets of trials, divide them into two or three, put Donald Trump in group one, get her, get her case trialled tried. Because now she knows from this order of a judge McAfee and his comments in the courtroom that she's only going to be trying Chesbro and Powell in November. And she's probably not going to be able to try anybody else in 2023. Then switch gears, switch gears. Don't run into the wall, run around it and come up with a proposal that gets Donald Trump tried for justice and democracy before November. Until the next hot take, only a one place, the Midas Touch YouTube channel.

Starting point is 00:13:10 Free subscribe, help get them to 2 million. Follow legal AF, our podcast on Wednesdays and Saturdays on the YouTube channel for Midas Touch and then audio platforms wherever you can get it. And I do hot takes like this one, about every day, sometimes every hour, on the MyDisTouch YouTube channel, until my next hot take, Michael Popok, LegalAF reporting. Hey, MyDisMighty, love this report?

Starting point is 00:13:34 Continue the conversation by following us on Instagram, at MyDisTouch, to keep up with the most important news of the day. What are you waiting for? Follow us now. What are you waiting for? Follow us now.

Legal AF by MeidasTouch - Judge in Trump RICO Case make MOST IMPORTANT Order Yet

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.