Legal AF by MeidasTouch - Judge READY to CRUSH TRUMP During Trial Testimony

Episode Date: January 22, 2024

Time for a Legal AF viewers guide to what BY FEDERAL COURT ORDER UNDER PENALTY OF CONTEMPT Trump CAN AND CANNOT SAY UNDER OATH as a witness in the E Jean Carroll punitive damages case this week during trial. Michael Popok explains all of Judge Kaplan’s orders limiting Trump’s testimony, and whether the judge will DEFAULT Trump if he violates any of them. Thanks to our sponsor HumanN! Get a free 30-day supply of SuperBeets heart chews and a FREE Full - Sized Bag of Tumeric Chews valued at $25 by going to http://legalafbeets.com Visit https://meidastouch.com for more! 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

Bet on the NFL with FanDuel, official sportsbook partner of the NFL. Download the app today to see why we're North America's number one sportsbook. 19-plus and physically located in Ontario. Gambling problem call 1-866-531-2600 to visit ConnectsOntario.ca. I wanted to let me go because I want to be at every trial day because I saw what happened to the first one where I was asked not to go by the lawyers very much. They said it's demeaning There was no evidence. There was no anything and so I didn't go and I understood exactly what he meant when he said

It was demeaning. There was no reason to go and you shouldn't go. So Michael popock legal AF on the eve of Donald Trump Maybe taking the stand not sure At the e Jean Carol case in which the jury is likely to award tens of millions of dollars of punitive damages to the rape victim, Eugene Carroll, for having been defamed by Donald Trump when he was president, and then being defamed by him right up until the day of trial, in the trial, during trial, immediately after trial, and every time after Donald Trump can't help himself. He's on a vicious campaign, a relentless campaign to stub her out like she was a cigarette and an ashtray. That's what we're

watching, a misogynistic attack by Donald Trump over and over again. You heard him there in the clip that I let in with, um, throwing his, his lawyer now departed, Joe Takapina, uh, for good reasons. He says that his moral compass effectively made it so that he had to depart the case and no longer represent Donald Trump. He got blamed of course on the way out by Donald Trump because Donald Trump never attended one day of the E. Jean Carroll number, the first case against him in which a jury, a different jury in New York in May awarded $5.2 million against Donald Trump for his defamatory statements

when he was not president of the United States. And this trial is just take two with a new jury, but now with all of the evidence completely against Donald Trump in which he cannot reject it. Donald Trump says in that clip that he wanted to come to each day of the trial, but it was disgraceful and it was demeaning and therefore he didn't go and he took the advice of his lawyers. He only had two lawyers at the time, Alina Habba, who he has now and

Joe Tachapina, who's departed the case. And Joe Tachapina told the federal judge at the time that he wanted his client to testify. And Donald Trump was in some bunker and some Scottish golf course, doing a ribbon cutting and said, he'd love to come back. He's coming back. He never came back. And then when the judge, the same judge today, judge Kaplan said, I'll give you, uh, I'll give you a last chance here, Mr. Takapina, as your client going to appear or not.

If he's going to appear, I want to know it now. He says, judge, you know who I represent. You know, I have no control over this situation. I mean, that, that I have to believe is the truth because it was against, it was against Joe Takapina's interest to say that at the time. Now you just hear lies at the beginning here of my hot take from Donald Trump. So I wanted to give a little bit of a primer in advance, a little bit of a viewer guide before Donald Trump may or may not take the stand this coming week in the Eugene Carroll case because there are guardrails up by the judge. Specific topics and things that Donald Trump can't say.

Now, people might be confused for watching this hot take because many of the things I'm going to tell you, he can't say under oath in a court of law, he continues to say at press conferences, the social media postings exactly identical to the things he can't say what he's under oath. And the judge is the way that the lawyers on the other side are dealing with it, and the judge will ultimately deal with it. The lawyers for Eugene Carroll is that as soon as they get a press conference and they find the snippet in which Donald Trump attacked the rape victim again, or a social media posting in which he does it and he was doing it while he was in the courtroom

while they were picking a jury. That's creating new evidence to incinerate you before a live jury. But they bring it right to the judge's attention and they enter it into evidence right there as new evidence that was just created by that guy over there with the long red tie in front of this jury. But I want to tell you what the rules of the road are then I'll give you my sort of handicapping estimate, sports betting estimate, as to whether Donald Trump is gonna try to mistry this case by

crossing the line, you can probably see where this is going to try to mistry this case by crossing the line. You can probably see where this is going, violate the court's orders and what the judge could do as a result. So first of all, here's the things that Donald Trump can't say, cannot say when asked or stumble into accidentally in testimony. He can't say anything about Eugene Carroll's choice of counsel, who she hired or didn't hire, how she's funding the litigation, who's paying or defraying some of the costs of her litigation. That has to do with Reed Hoffman, the founder of LinkedIn, paying Robbie Kaplan, the lawyer for Eugene Carroll,

a certain amount of money to go for some of these public interest lawsuits to defray costs like experts and that type of thing. Doesn't have anything to do with what the jury should be concerned about, about whether the case has merit or not. Donald Trump is not allowed to mention nor his lawyers open the door concerning any kind of DNA evidence related to the coat dress that E. Jean Carroll was wearing when she was raped. I keep saying she was raped because a judge has found that she was raped under the definition of New York law, either by Donald Trump's penis

or his finger or some object and a jury of six people found, sorry, of nine people, six men and three women found the exact same thing back in May. So I uh, I say it with, with a lot of confidence. Uh, Donald Trump also and his lawyers, when I say Trump, it means his lawyers and they can't accidentally or on purpose kick open the door and try to raise these issues. Can't raise anything about E. Jean Carroll's prior relationships about her

sexual relationships, about her relationship with her husband, then her husband during the time of the attack, whatever that has to do with anything. They also can't say on the stand that it was a lie, that it was fabricated, that it's a hoax, that she's just doing it for the money, or anything related to her motive. Because let's remember, as the judge has so properly put it,

this case is ultimately about a rape victim who is defamed as a judge already as a matter of law by a judge and a jury. Now we're just talking about how big of a punitive damage amount has to be awarded in order to make him stop. And he's not stopping his incessant campaign to grind her out, right? To snuff her out in her dignity, right up through the trial, including at press conferences and social media posting while he's in the courtroom. So he won't be able to talk about that. He won't be able to make the comments

he's been making on social media, that she lied, that she's mentally ill or politically motivated in her desire to bring this case on punitive damages. And we all have a heartfelt reason to support our blood pressure. In fact, more than half the US population would benefit from blood pressure support. Superbeats heart chews are an easy and convenient way

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Get this exclusive offer only at LegalAFBETS.com. And I'll go on because the judge issued an order on the, uh, uh, the ninth of January that is the Bible by which we need to follow. And the judge said, uh, let me just go through the rundown of the things we just talked about. Um, so we talked about DNA. We talked about, um, any of the evidence, her emotional or mental state can't be addressed. Any, any allegations that she fabricated her sexual assault allegations can't be brought before the jury.

And then in terms of testimony and behavior, as repeating what Ms. Carroll's lawyers said on page 16 of the order, the judge says that Ms. Carroll, through her lawyers contends that while it is Trump's right to submit to questioning under oath, he does not have the right to say whatever he pleases. Trump cannot, for instance, claim that he did not sexually assault Ms. Carroll, argue that he was telling the truth in his statements about her, suggested Ms. Carol fabricated her account due to a political agenda, financial interests or mental illness, or offer any other testimony that would be inconsistent

with the court's collateral, a stop-all decision, meaning the judge already found that he is prevented from arguing certain legal positions because the judge or the jury has already found the opposite. Determining that Mr. Trump with actual mouths lied about sexually assaulting Miss Carol, nor can Trump be permitted to comment on the court, the jury or counsel in Carol too, this case, or suggested anyway, that he has not received a fair trial.

And the judge says in his order, this is essentially correct. He may, he may be, he may testify on Monday, but these are the guard rules. And the judge went on to say accordingly, on page 17 of his order, accordingly, Mr. Trump and his counsel are precluded in the presence of the jury from claiming that Mr. Trump did not sexually abuse Perenn rape Ms. Carroll that he did not make his June 21 and 22 2019 statements concerning Ms. Carroll with actual malice in the constitutional sense of that term or that Ms. Carroll fabricated her account whether in consequence of a political agenda, financial interest, mental illness or otherwise.

He and his counsel are precluded also from offering testimony, the judge went on, or advancing any argument inconsistent with the court's estoppel decision, determining that Mr. Trump with constitutional malice lied about sexually assaulting Ms. Carroll. This includes any evidence or argument concerning whether Mr. Trump believed Ms. Carroll's allegations

or questions her motives as these issues will not be before the jury in the present case. So that's the lines in the sand that have been drawn by the judge. And now on top of that, we then have what happens in the courtroom. You might be asking, Popak, what happens now? Donald Trump, there's a more than 50-50 shot he's going to try to mistry this case. Alina Habba has tried to get a mistrial, and if she doesn't get it, she's going to force the issue and create the grounds for a mistrial by her own hand. And Trump can do the exact same thing.

He can do it by stepping in and crossing any of those lines in the sand, any of those red lines that the judge has drawn by a federal judge and tries to mention any of that in front of a jury. And the first step is the jury, the judge will try to preserve the jury, keep them in their place and not have a mistrial by giving curative instructions, prophylactic instructions to the jury, keep them in their place and not have a mistrial by giving curative instructions,

right? Prophylactive instructions to the jury to say, ignore everything that just got said, strike that from the record. But if the judge thinks that Trump has gone too far in his attempt to testimony and he can't fix the problem with the jury, the jury's now polluted, if you will, and we have jury nullification as an issue, then the judge will or could throw out the jury But he could still sanction Donald Trump and find him in default along with Alina Abba and sanction her if they try this gambit That's we saw a version of this in the Rudy Giuliani each

Ruby Freeman Shay Moss case in District of Columbia where the federal judge there barrel Howell defaulted Rudy Giuliani because he didn't play nice in the sandbox. He peed in his sandbox and didn't color inside the lines and violated court order after court order after court order. And therefore he gave up his right to have a full trial and the judge found against him on liability, leaving it only for the jury for the amount of damage. Now, if this only, if this jury only for the amount of damage now if this only if this jury Only about the amount of damage gets if this case gets misdried the judge could Could as a sanction award e. Gene Carroll the amount of damages as a sanction that he believes is

Appropriate and take it away from the jury that is the danger zone that Donald Trump is walking into So if he thinks he's gonna be able to free ride this That is the danger zone that Donald Trump is walking into. So if he thinks he's gonna be able to free ride this, just throw over the apple cart, throw over the game board, because he's losing and walk away or pull the plug on the game, the video game, because he doesn't like his score.

It's not gonna work in a federal court. I just outlined for you the ways that a judge can punish and penalize and use his equitable power, his inherent authority to protect the justice system and protect the rights of the plaintiff. Yes, the defendant has rights to, of course, to a fair and impartial trial, but if Donald Trump has violated those rights, by the way he's acting, the judge has something in his toolbox, a giant hammer in his toolbox to fire back in terms of a default judgment. We will follow what happens on Monday closely here on the Midas Touch

Network. It's the only place to watch and hear about everything that's going on in the world of Trump at the intersection of law, politics and justice. And I can't think of a better case as an example of that. And what's right about our justice system than the E Gene Carroll case for rape, defamation and punitive damages. She's a heroin. She's courageous. She should be respected. There should be a bronze statue built for her in front of the courthouse. And we'll continue to follow all these things on legal AF at the intersection of law, politics and justice on Wednesdays and Saturdays on our full lengthlength podcast that we curate just for you.

You like lawyers who know what they're talking about at that intersection? You come to the right place. The Midas Touch Network. Don't change that dial. Free subscribe and get them to 2 million free subscribers in the month of January. We'll get there with your help. So until my next hot take, until my next legal AF, this is Michael Popak reporting.