Legal AF by MeidasTouch - Prosecutor OUTMANEUVERS Trump with SCATHING RESPONSE

Episode Date: October 31, 2023

The New York, Attorney General has just filed a scathing response to Donald Trump’s attempt to have an appeals court stay the civil fraud case now in week five and to avoid complying with any of Judge Engoron’s prior rulings. Michael Popok of Legal AF analyzes what just happened, the likelihood that the appellate court will grant the stay, and explains why the New York Attorney General is OK with allowing Donald Trump to currently operate his businesses and generate cash, cash that she will gladly take off of him in the future once she wins the trial. Lomi: Visit https://Lomi.com/LEGALAF and use code LEGALAF and checkout to save $50! 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

This is Michael Popok, legal AF, New York Attorney General, Latisha James will only give Donald Trump the one thing that helps her case. And that is to allow his companies to continue to operate and not have their business licenses dissolved. That in a new filing filed by Latisha James, New York Attorney General against Donald Trump at the appellate court level, the first department court of appeals in New York, which sits over Judge Engoron's New York State Supreme Court case. Trump had filed a appeal trying to get the trial that's already been ongoing for five

weeks, stopped dead in its tracks. Stay the trial, Donald Trump argued. The judge was wrong four weeks ago, five weeks ago, when he granted the New York Attorney General's motion for summary judgment on count one, which is a persistent fraud claim under New York's unique statute, executive law 63-12. Once there's a finding of persistent fraud, whether it's accidental or intentional, then all bets are off. And the judge at that time and granting the summary judgment, also granted the Attorney General on behalf of the people of the state of New York,

a number of types of relief, types of remedies. He didn't go as far as to order at that moment, the return of hundreds and hundreds of millions of dollars, but he did a lot of other things. He ordered the immediate dissolution of Donald Trump's business entities, business existence, business licenses to stop them from operating,

appointed a receiver over them to liquidate them and put them out of business. He also agreed to ban Donald Trump and the children, Alan Weiselberg and others from ever being New York officers or directors of companies again. And other informational type requirements. He left for the trial of the remaining six counts of persistent fraud that were left. Fraud and insurance documentation, fraud and financial statement documentation, fraud and books and records documentation, all crimes, by the way, in the state of New

York. He left that for the trial, which is also in front of him, but he didn't do it on summary judgment. And the issue of money, how much money Donald Trump and the Trump organization and others would discourage, in other words, how much ill-gotten money would have to be returned to the people of the state of New York because of his insurance fraud, bank fraud, lending fraud, real estate fraud, and tax fraud was left to be considered. That is what Donald Trump moved on an appeal to try to get a, the dissolution of his company

stopped by the appellate court while he had time to argue the appeal over the course of the next year. Stop the appointment of the monitor. Stop information from being exchanged with the New York Attorney General about his finances and companies and ideas about money transfer. And lastly, to stop the trial. Arguing at one time, although that's now stale, arguing at one time that he shouldn't have to prepare for trial and put on his evidence and waste his resources while the Appellate

Court is considering matters. Well, the Appellate Court didn't move on that. The Appellate Court by not ruling ruled that they did not see this as an emergency. And now we are week five into the trial. And it'll be week six before Donald Trump responds to these papers. The trial will be almost over. I mean, at the rate they're going, we think the trials may be concluded before Thanksgiving. Shaving off at least a month of trial presentation.

So she had to file, the New York Attorney General had to file late last night, and I have it right here, a 35-page opposing brief. It gave her the opportunity to take pot shots and punch out Donald Trump again about his case while arguing that it was unlikely that he was going to win his appeal, that he should never be entitled to stay the trial. And the only thing she was willing to give him is the thing that the office was willing to give him a month and a half ago, which is you don't want your certificates of operation, your business licenses to be dissolved. You want to still operate your businesses. That's fine. Because I and the reason that she's okay with that. To stay the

dissolution of his companies is really twofold. In my view, one, she needs those companies to continue to operate, to generate cash so that she can grab $500 million at the end of the trial. If they're doing a going out of business sale now and a fire sale now with a monitor approaching assets, it makes it more difficult, right? Let it be a going concern that's making money that money ultimately ends up in her pocket. That's one. The second thing is, she does recognize that that is an easy give to give to the appellate court.

You want to stay something, stay that. It's very difficult to put the company back on its feet after everything has been dissolved and assets have been sold. Let's wait for that. That seems more like a very final decision. Let's wait until I win. This shows you her confidence as the Office of Attorney General. Let's wait until I win the other six counts in front of the judge and then we can go for

the full death penalty. She also has the benefit in, of course, in filing now of the five weeks of trial. She knows exactly how the trial is going, the trial is going exceedingly well for her. She's put on, you know, upwards of eight or 10 witnesses, and they've all been very favorable to her case, improving that fraud has happened. We've had inside employees, inside ex employees who have committed fraud and gone to jail, outside of praisers, outside auditors, outside bankers, outside insurance companies,

and now she's turning to the Trump kids, and then Donald Trump. And so far, it's all, her case is all been made out. So she has the benefit of the confidence of knowing what the case is all about and how it's going while she's making this gesture, you know, this gesture of ice and winter. Here you go, we won't dissolve your companies. You want to still operate them and I'll get the

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Whether you want to start making a positive environmental impact, or just grow a beautiful garden, Lomi is perfect for you. Head to Lomi.com slash legalaf and use the promo code legal a f to get $50 off your lo me that's $50 off when you head to L O M I dot com slash legal a f and use promo code legal a f at checkout thank you lo me for sponsoring this video and so in her briefing I'll just give you some of the highlights of it. She says in the summer in the preliminary statement I'll just give you some of the highlights of it. She says in the summary in the preliminary statement at the top of page one, in this executive law section 6312 enforcement action, the New York State Office of the Attorney General alleges that the defendants, various Trump organization, executives and entities

have for over a decade engaged in fraudulent and illegal business practices. In the motion, the defendant seek the extraordinary relief of a stay pending the appeal of an ongoing trial that's been ongoing for six weeks. And she goes on to say the court should deny defendants astonishing requests to halt the ongoing trial midstream because it would be unfair to the orderly administration of justice and severely prejudice the office of the attorney general plus it would lead to a cascade of delays in Donald Trump's other cases that are currently civil and federal and state and criminal and civil pending against him.

So she doesn't want that to happen. She done outlines for the appellate court all of the fraud that she's putting on in her trial. She's saying that for decades, those entities in Donald Trump engaged in an lawful scheme to inflate the value of his assets, that they use different combinations, pardon me, have a little bit of a cult. Different combinations of deceptive strategies to inflate the values of his assets. They didn't just use one.

Eric Trump is identified by name, the penthouse property for Donald Trump by name, Mar-a-Lago and the Scotland golf course and the issues related to that are identified by name. He also tells the appellate court that the defendants have wrongfully used Trump's false and misleading statements to carry on and conduct their business with various New York banks and insurers to secure loans to their benefit, that the defendants

in turn secured more favorable loan and insurance terms and then retain those terms with each annual statement paying reduced loan and insurance rates throughout the life cycle of those loans and policies. And goes on about all of that. So here you have a supremely confident New York Attorney General knowing having the benefit of five weeks of trial, knowing how her case is going, knowing how the witnesses are doing, offering very little, but probably just enough for the appellate division, first department to say the following.

And this is going to be my prediction based on the 35 pages that have been filed here. This was her opposition to the motion for stay pending review. Donald Trump has one more brief next week at the end of the sixth week and then we'll have the merits panel, a three judge panel to be picked of the appellate division of the first department make a decision sometime thereafter. One of the ways that they can just sit on this is to sit on this. They don't make a ruling. The trial continues, unabated.

It wraps up in sometime in November, and then they go, well, it's already been, it's already moot because the case is over. So the issue related to the stay is moot. They've done it before to Donald Trump and they're likely to do it again. So my first prediction is the Appell division first department appeals court doesn't do a different thing. They just sit on this and they, and they get around to some time in December. They keep one eye on the case and the news of the case. Look, they know what's going on there. They know it's going, the attacks being made by Donald Trump on one of their colleagues

on Judge Angkoran. And one of the paybacks that an appellate court can do is just do nothing. That's one, two, if they do decide they have to do something for the public purposes and optics, I think that they agree with Latisha James's office, the Office of Attorney General, and they deny the stay. They don't stop the trial. And they don't, but they agree with her that they're going to not dissolve the business entities, the Donald Trump owns at the present time until the trial is over.

There's a final judgment related to the remaining counts in the trial, and then whatever issues are left are up on appeal. And that's all that they get to decide at this point. I mean, sure, they take a peek under the hood to determine whether there's a likelihood of success on the merits that he's going to win that his primary argument, the judge Angkoran, violated the appellate courts ruling from the summer in how he applied the statute of limitations as to whether certain claims were too old

or too stale or certain claims weren't. And let's just say James has a very eloquent way to resolve that. She says just because certain of the claims are outside the statute of limitations doesn't mean that there's other claims that aren't within the statute of limitations and you don't get a defense that, whoa, some of those claims are barred.

Right, but others aren't. And we're, well, some of those claims are barred, right, but others aren't, and we're here on the ones that are not stale, Mr. Trump. And that's what we've been litigating for the last five weeks if you've been paying attention. We'll continue to pay attention here on the Midas Touch Network, on Legal AF,

on hot takes like this one, and then we'll get these kind of briefs. We catch them, we read them 32 years of trial expertise in New York. I can bring that to bear on hot takes like this one. And then on Wednesdays and Saturdays, we do a podcast where I, if you like hot takes, what do you see the podcast? Me and Karen Friedman, Ignifalo on Wednesdays, me and Ben Myselis on Saturdays, 8 p.m. Eastern time on YouTube. We'll get, I don't know, 20 to 50,000 people watching

us while we record making us the number one show on YouTube live at a given moment. And then we put that podcast on audio platforms wherever you get them from. So until my next hot tick, give me a thumbs up on this one. Until my next legal AF. This is a slightly under-the-weather Michael Pope-Pock reporting. Hey, Midas Mighty. Love this report. Continue the conversation by following us on Instagram. Athmite is touched to keep up with the most important news of the day. What are you waiting for?

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