Legal AF by MeidasTouch - NY Judge Makes MAJOR RULING in Trump Criminal Case

Episode Date: April 22, 2024

Judge Merchan has ruled that if Trump takes the stand in the NY criminal trial election interference case, the prosecutors are allowed to cross examine him with the following prior bad acts: 1) fraud in the NYAG civil fraud case; 2) contempt findings against him; 3) the defamation verdict in both e Jean Carroll cases; and 4) the fact that he was forced to dissolve his foundation because of fraud, while keeping out other crimes and bad acts. Michael Popok explains how this is a win for the prosecution and should impact Trump’s decision whether to take the stand. Head to https://manukora.com/legalaf to receive $25 off your starter kit today! Join us on 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 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

This is Michael Popak with the Legal AF Hot Take on Trump on trial. We got a new ruling by Judge Murchand even before the jury sat down to do its work today in opening statements. This off of what is referred to as a Sandoval motion by the prosecution, the Manhattan DA, to bring in if Donald Trump decides to testify and waive his Fifth Amendment privilege, what uncharged crimes and bad acts from the past that they will be able to use in cross-examination and impeachment of Donald Trump, the judge has made his decision

and the prosecutors have gotten most, but not all of what they were looking for as we predicted on Legal AF. There was no way the judge in balancing the probative value against the highly prejudicial impact no way the judge in balancing the probative value against the highly prejudicial impact of some of this evidence on the jury, who's trying to make a decision about whether Donald Trump committed 34 acts of,

34 felonies in the state of New York. This is the information that is, the prosecutors are going to be allowed to cross-examine Donald Trump with if he takes the stand, only if he takes the stand. None of what I'm gonna tell you right now comes in if Donald Trump elects to keep his Fifth Amendment privilege intact and doesn't testify.

I'll tell you what is allowed to be used and what is not gonna be allowed to be used that the prosecutors had asked for in their giant Christmas list. I mean, they knew they weren't getting everything. They loaded that list up pretty well. But I'll tell you that the key things and the prosecution should be very pleased with the result.

The gag order that were violated by Donald Trump in the New York attorney general case and the findings by the judge that he had not been truthful under oath, that is gonna be able to be used against Donald Trump. The rulings and findings of Judge Angoron in the New York Attorney General $465 million civil fraud judgment and decision and order

against Donald Trump, that can come in in cross-examination against Donald Trump. Just as a side note right now, as I'm doing the hot take, there is a hearing going on down the street at 60 Center Street in New York about whether the $175 million bond that Donald Trump posted is appropriate. But all of the findings and rulings by Judge Angoran in the New York Civil Fraud case are fair game in cross-examination of Donald Trump, should he take the stand as it relates to the E. Jean Carroll case,

two cases in which Donald Trump was found both to be a rapist or technically a rapist under New York's arcane law and a serial defamer of his victim, E. Jean Carroll, and two juries awarding punitive damages, the rape part is not gonna be able to be used against Donald Trump. The judge balancing it and finding that while it's probative,

it tends to prove a fact in the case, it's also highly prejudicial. It'll blow the jury's mind. They won't be able to focus on the sex act coverups that are at the heart of this prosecution. So, but in the E. Jean Carroll case, the prosecution will be able to cross examine Donald Trump about the fact that he was found guilty

or a judge to have defamed E. Jean Carroll several times and punitive damages were awarded. But the sex part, sorry, the sexual assault part, the rape part, will not be able to come in again, not because it's not relevant, but because the judge has weighed the, has done the balancing test required and find that the prejudicial value outweighs the probative value. On the New York Attorney General prior matters against Donald Trump. The fact that his Trump foundation had to be dissolved because of fraudulent behavior, fraudulent conduct,

that will be coming in. So there's a lot here for the New York attorney general to like in Judge Marshawn's Sandoval ruling named after a case here in New York this morning. Gag orders violated violated lying under oath defaming E. Jean Carroll being hit by two verdicts against him including for punitive damages that his Organization has to be Trump organization had to be dissolved with the Trump Foundation

How to be dissolved and all of the findings by judge and Goran in the New York Attorney General how to be dissolved and all of the findings by Judge Angoron in the New York attorney general $465 million persistent fraud case. They all come in. What doesn't come in? Here's what doesn't come in. Either not gonna be able to talk about the sexual assault aspect,

the rape aspect of the E. Jean Carroll cases. Again, under a balancing theory. They're not gonna be able to bring in the case that was presided over by Judge Mershon, in which the Trump Organization, two of its subsidiaries, Trump Company and Trump Payroll, were found to have committed tax fraud and business record fraud,

17-count criminal conviction two years ago. That was where Allen Weisselberg first got into trouble, with the Manhattan DA's office, the chief financial officer for Donald Trump, now serving another sentence at Rikers Island for committing perjury for Donald Trump. This episode of Legal AF is brought to you by Manicura Honey, also known as the honey with superpowers.

Let me share something sweet with you. And I mean really sweet. It's something that's become a staple in my routine. And I think you're gonna love it. I'm talking about Manicura honey. When I say honey, you might be picturing those bear-shaped bottles at the supermarket. But that's not what this is.

Manicura honey is single-origin, rich, creamy, and the most delicious honey you've ever had. It's supercharged with unique antioxidants in prebiotics and has three times more than your average honey. Manicura honey supports immunity, aids digestion, boosts energy and helps balance inflammation. It's a game changer and all you need is one to three teaspoons a day.

On top of that, Manicura honey has a natural antibacterial compound called MgO, only found in Manucah honey. So if you're looking for something simple and delicious to add to your wellness routine, we found your new healthy habit. Now it's easier than ever to try Manicorah honey with the starter kit.

Just head to manicorah.com slash LegalAF to get $25 off. The starter kit comes with an MGO 850 plus Manuka honey, five honey travel sticks, a wooden spoon, plus a guidebook. Now I love the jar and squeeze bottle, but the extra pack of compostable honey sticks is perfect for whenever you're on the go. You can bring them with you when you're traveling

or need a quick snack running errands. And they are the perfect energy boost if you're out for a run or at the gym. That's manukora.com slash legal AF to get $25 off your starter kit. This is the ultimate honey indulge and try some honey with superpowers from Manakura. Manakura is incredible.

And I'm so thankful they're a partner of the show. I look forward to Manakura every morning. Make sure you click the link in our description or head to manakura.com slash legal AF and try some today. That whole criminal case, although so on the nose, so to speak, so close in conduct to what is being charged in this prosecution. But that's the very reason the judge won't allow it because it'll blow the jury's mind. They'll assume, well, his company's committed fraud

and business record fraud before, you know, then they did it again. And that's the kind of gatekeeping the judge has to do to keep out this evidence under what we refer to as a Rule 401, Rule 403 balancing test, probative value outweighed substantially by the prejudicial impact on the jury. Once the jury hears about the 17 count criminal conviction, boom, they're going to convict again. Not unusual for a criminal judge to keep out other prior crimes from the jury who

is trying to consider whether the guy or the person committed this crime. So that's not coming in. Also what's not coming in besides that is the, lastly, the sanctions that were imposed on Donald Trump and Alina Haba by federal judge Middlebrooks down in Florida for having filed a meritless, a bad faith, vexatious litigation against Hillary Clinton, the Democratic National Committee, Debbie Wasserman Schultz, and everybody else Donald Trump could think of as a political vendetta in bringing a alleged,

but meritless racketeering case against them, dismissed in Florida, sanctions for bad faith filing. None of that is coming in in front of the jury, the judge finding it too far afield from what was being tried here and that that would not, so he sort of did trump a solid there. So we've got the lineup now.

If, only if Donald Trump takes the stand, I want that to be clear as a takeaway from this hot take. None of this comes in if he doesn't take the stand and he has a right not to take the stand and he hasn't made that decision yet. So he takes the stand, he gets cross-examined vigorously on the fraud findings against him in the New York attorney general case,

the gag order violations and punishments that were imposed on him. The fact that he defamed mercilessly E. Jean Carroll and was sanctioned for that and a judge to have defamed her and hit with punitive damages and the dissolution of the Trump Foundation. What is out is the Middlebrooks $1 million fine

and sanction down in Florida for frivolous filings. The fact that his prior companies, his companies got sanctioned in a prior case and hit with a 17 count felony conviction for fraud and tax fraud and business record fraud. And the fact that at the heart of the E. Jean Carroll case is a sexual assault rape. That's not gonna be coming in.

However, the judge reaffirmed once again that the Access Hollywood hot mic moment where Donald Trump back in 2012 was caught telling Billy Bush that he can sexually assault women and get away with it, including grabbing their genitalia, because he's a celebrity, the transcript is gonna be read out loud to the jury,

although the actual audio is not gonna be played. But that was reaffirmed again today, that Access Hollywood transcript is gonna come in, regardless of whether Donald Trump takes the stand or not. That's an important kind of takeaway from this particular hot take. So look, we're covering the Trump trial. It's every day. Well, it's four days a week, Monday, Tuesday,

Thursday, Friday. The court is dark on Wednesdays while they do other things and other cases. There might be some breaks here and there for holidays and that type of thing, but this is going to go six or eight weeks. I mean, there's going to be a very quick, there has been a very quick opening statements in here. We're getting right to the first witness, David Pecker, formerly the National Enquirer, a roadmap witness from hell for Donald Trump, who will be proving a lot of the case,

corroborating a lot of the evidence, and bolstering a lot of the credibility of witnesses like Michael Cohen, all in one fell swoop over a day and a half or so of testimony. We'll follow it on the Midas Touch Network and then Legal AF will pull it all together on Wednesdays and Saturdays on our podcast at the intersection of law and politics.

Join us at 8 p.m. Eastern time on the Midas Touch Network and find out why we call it Legal AF. We curate the top eight stories, sorry, that's too many. The top five stories at the intersection of law and politics, we bring it to you right here on my discussion on Legal AF. So until my next Legal AF, until my next hot take, this is Michael Popak reporting.

By the way, if you like what I'm doing, leave a comment, give a thumbs up, I've been known to, we'll do a little bit of a talk back, and I appreciate it. Helps keep the lights on, signals to the algorithmic gods that you like this kind of content. This is Michael Popak reporting. Hear ye, hear ye. 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, all for the price of a couple of cups of coffee. Join us at patreon.com legal af. That's patreon.com legal af.