Legal AF by MeidasTouch - NY Judge Quickly STRIKES TRUMP with Gag Order

Episode Date: March 27, 2024

The criminal judge in the Trump trial to start April 15 just GAGGED Trump to stop his attack on PROSECUTORS, STAFF, WITNESSES and JURORS. Michael Popok compares this order to the federal gag order still in place against Trump and explains why this one will survive any emergency appeal by Trump to let him bash the system during press conferences and on social media. Go to https://boncharge.com/LEGALAF and use coupon code LEGALAF to save 15% Visit https://meidastouch.com for more! SUPPORT THE SHOW: Shop NEW LEGAL AF Merch at: https://store.meidastouch.com 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 Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

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Gambling problem call 1-866-531-2600 or visit connectsontario.ca. This is Michael Popak with the Legal AF Hot Take. We got a new order from Judge Murchon who's getting ready for an April 15th criminal trial against Donald Trump. And he's granted the people represented by the Manhattan DA's request for a gag order on Donald Trump. Yet another gag order on Donald Trump, this time before his first criminal trial. We'll have to sit in the well of a courtroom in April to answer charges in

31 counts of a criminal indictment related to business record fraud and cover-up, conspiracies related related to that and election interference fraud rising out of the Stormy Daniels hush money cover-up affair. New order just came out, hot off the presses, if you will, by Judge Mershon. Here it is. I'm going to read it from you. Order that the people's motion for restriction on extrajudicial statements, meaning outside the courtroom, by the defendant, Trump, is granted to the extent that defendant is directed to refrain from the following. So it's a narrower gag order, but one that the judge is eminently comfortable with as it wends its way through the inevitable appeal by Donald Trump not yet filed.

But this is what he is currently, Trump, gagged as of the date of this order. Making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding. Making or directing others to make public statements about known or reasonably foreseeable witnesses. Stop commenting on witnesses, either as part of the investigation or in the criminal case.

That's one. Two, making or directing others to make public statements about counsel in the case, lawyers in the case, other than the district attorney. He wants to go after Alvin Bragg, he can. He can't go after members of the court's staff and the district attorney's staff or the family members of any counsel or staff member if those statements are made with the intent to materially interfere with or to cause others to materially interfere with counsels or staff's work in this criminal case, or with the knowledge that such interference is likely to result, and making or deciding others,

or directing others to make public statements about any prospective juror or any juror in this criminal proceeding, the foregoing constitutes the decision in order of this court signed Juan Roshon, March 26th. And let me break that down for you. There is no doubt in my mind based on past history, history being prologued, that Donald Trump is going to appeal to the, in the state system, to the first appellate division, the appellate division first department here in New York, in Manhattan, that oversees all criminal trial work in New York, in Manhattan, that oversees all criminal

trial work in New York. No doubt. He did something similar, if you recall, with Judge Chutkin, who presides over the D.C. federal election case that's been stayed subject to the U.S. Supreme Court's decision coming up after the April 25th oral argument in the federal side about whether Donald Trump has immunity or not, immunity not really being an issue in the case that's going to criminal trial on April 15th against Donald Trump because he wasn't president at the time the acts were committed.

But Donald Trump didn't like the gag order that Judge Chutkin entered, which was similar, not exact, similar to what Judge Roshan just entered about interference with witnesses, attacking prosecutors, attacking family, attacking and polluting the minds of future jurors. He took it up on appeal. It went on a relatively fast track. Within a month, the the district court of appeals, federal district

court of appeals and a three judge panel ruled against Donald Trump and sided with Judge Chutkin and adopted about 90 percent, and certainly the heart of her gag order against Donald Trump was completely adopted and affirmed. Donald Trump did not take that up to the United States Supreme Court, and that is the injunction that is in place while the immunity issue continues. He is gagged in the District of Columbia, federal court by that order, even while the appeal for the immunity issue is up on appeal subject to an oral argument

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that Judge Chetkin recently made about the special counsel's motion practice. In it, she said, I am retaining jurisdiction to enforce all other orders, including the gag order. So that exists. Judge Mershon has that as sort of a template. His order is similar but not identical to Judge Chutkin, as I said. And there are aspects of it that I'm sure Donald Trump is not going to be happy with and the meaning of certain things. So we can expect relatively soon, certainly on some sort of advanced schedule given the April 15th start date of the state criminal trial against Donald Trump, but they're going to try to get some relief from this order from the Appellate Division First Department. Now, you've heard a lot about the

Appellate Division First Department here in New York because they just bailed out Donald Trump and let him post a 40% of the total judgment amount against him in the civil fraud case as a bond or undertaking to stop the enforcement of the judgment. The judgment amount is $465 million running with interest, compounded daily in the New York Attorney General civil fraud case and the Appellate Division led by, in this case, the presiding justice of the Appellate Division, the Chief Justice of the Appellate Division First Department, Barbara Renwick, gave him a break

and said, you just have to post 175 million, which is about 60% less than the judgment and just do that by within the next, it was 10 days. I think it was eight days remaining. It will be a different panel of the appellate division, first department, but they'll likely be overlapped. There's not that many justices of the first department.

So that same appellate division is going to have to consider now the criminal matters and criminal appeals that are ongoing with Donald Trump, including the scope of the gag order. Why does the gag order matter to Donald Trump? Because to an average litigant, they'd be like, okay, I was never going to attack the judge, his family, the district attorney, his family, court reporters, their family, court watchers, their family, and potential future jurors or witnesses. I would never have thought to do that. Where do I sign on the gag order? But not Donald Trump, because Donald Trump wants to be able freely under his quote unquote

First Amendment right, which he does not have, at least to the extent that he argues for it as a criminal defendant to go outside every day in the hallway, you know, to, you know, to get softballs that are thrown to him in terms of questions from right wing MAGA media. He wants to do that outside the courthouse. He wants to do that at rallies. He wants to do that wherever he can. Every day, you know, he's going to hold an impromptu press conference. It's going to be more structured every day. I'm surprised they don't wheel in a podium that says 45th President of the United States emblazoned on the front every time he gives a press conference. And so he's going to argue, I have to be able to comment on witnesses, juries, and judges.

The judges are going to say, no, you don't. And I believe the first department, even though they threw him a bone financially in the recent order, staying certain aspects of the civil fraud case judgment, including some about him borrowing money from New York banks and some about him continuing to run his own company, I don't see them clipping the wings of Judge Murchon and limiting this particular order that he's just issued.

But we know, you know, I think the reason people come here to the Midas Touch Network and to Legal AF is to sort of get what happened and what happens next. And the what happens next is Donald Trump is going to appeal. It will go to the first department appellate division sitting in Manhattan and a five judge or justice panel. It may or may not be presided over by the chief justice or the presiding

justice, Justice Renwick, who just kind of threw him a bone recently on the civil side. He'll argue for a narrowing or elimination of the gag order. It'll kind of go on a fast track because there's an April 15th trial date. and if the federal system is any indication, and oftentimes it is, his attempts to remove the gag order or severely limit what Judge Murchon just did, who's a well-respected jurist here, is gonna be rejected. Just as a side example,

the presiding Judge Renwick of the First Department is not only the first person of color to ever preside over any appellate division in the entire state of New York in its history which is mind-boggling. She's also married to she's basically married to like a Judge Murchon. She's married to a Supreme Court justice who sits in the Bronx. So she knows you know she was a public defender like she knows how courts work she knows how you know, she was a public defender, like she knows how courts work, she knows how the criminal process works, and I doubt they're going to, you know, throw out the

gag order. So he will be gagged, but it starts with an order. And we got an order today from Judge Machan. It's a strong one. It's an effective one. I think it's been properly drawn and narrowly drawn, and I think it will ultimately be, the heart of it will be supported and upheld on the ultimate on the inevitable appeal by Donald Trump. We'll cover it all on the Midas Touch Network on this YouTube channel. Help them get the 3

million free subscribers and join us for Legal AF on Wednesdays and Saturdays at 8 p.m. Eastern Time and hot takes just like this one. You like this kind of hot take, this kind of content? Give me a thumbs up, leave a comment when you interact with the content, it actually sends a message to YouTube that you like this kind of material, and you'll keep getting that content and coming from me especially. So until my next hot take until my next legal AF, this is Michael Popok reporting.

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