Legal AF by MeidasTouch - Supreme Court Delivers BAD NEWS to Trump…SHOCK Ruling

Episode Date: December 9, 2024

In a setback to Trump, the US Supreme Court is keeping Trump gagged in his NY criminal conviction case from attacking witnesses and prosecutors, with a new order just in, denying efforts to have the gag lifted so that Trump can attack the judge’s wife and daughter—again. Popok reports in his latest hot take. Sign up for a one-dollar per month trial at https://shopify.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 MissTrial: https://meidasnews.com/tag/miss-trial 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 On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com Learn more about your ad choices. Visit megaphone.fm/adchoices

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Juan Marchand out of his chair as he considers whether and when he will sentence Donald Trump for the 34 felony count conviction in New York, nor are they going to disturb the gag order that Judge Marchand put in place over a year and a half ago or almost two years ago, against Donald Trump in that matter, that in a new ruling by Justice Alito, of all things, of the United States Supreme Court. I'm Michael Popock. You're on Legal AF and the Midas Touch Network.

And let me break down for you a little followed case, but one that is, I thought, very, very interesting. It was not brought by Donald Trump. The case to try to overturn the gag order was brought, I assume for publicity purposes, by a little-known litigator in New York and New Jersey who also has a podcast. No, it's not Michael Popock. It's a guy whose last name is Joe Niren, and he has a podcast called Good Logic. I guess he decided he wanted to get some publicity for his podcast. So he filed a petition that started in the New York state court system at the appellate

court as the petitioner. Donald Trump, not the petitioner, but of course impacted by the ultimate ruling. And good logic tried to argue to the appellate division, first department in Manhattan, that they had a first amendment as members of the press, they had a First Amendment right, a First Amendment press right, freedom of the press right, to ask Donald Trump questions about Judge Mershon and his family

and have Donald Trump answer them. But because Donald Trump was under, or is under a gag order, which he remains under, they couldn't get comment. And so they brought the case, arguing that the gag order should be overturned primarily on two reasons both are wrong. One that Judge Murchon's daughter has a job and the other that his wife has a job. I think MAGA and people that support Donald Trump just don't like women who work or vote or have reproductive

rights. In particular, they argued, and I've heard this now ad nauseam, this is about the sixth different time a court has had to consider whether Judge Mershon needed to recuse or disqualify himself because his daughter worked for democratic causes in fundraising. And the answer is he doesn't. He is allowed to be an independent person from his daughter and vice versa and so the fact that she makes money helping to raise funds for Democrats doesn't have any impact on the ability for Judge Murchon to be fair and impartial. There's never been a link. He doesn't get money from his daughter. I think it goes the other way. He doesn't get money from his daughter. He doesn't work for the daughter's company.

He's not pulling a pension from them. He's not an equity owner. He has no relationship to the entity in Chicago that his wife works for. And now this podcaster decides he's also going to raise the issue that's been falsely circulating or circulating falsely about Judge Mershon's wife, falsely circulating or circulating falsely about Judge Mershon's wife, Lara. So apparently Lara works or had worked for about three years in overlap with Letitia James, the New York Attorney General, and she worked in that office for about 20 years, overlapped with Letitia James for about three years. She's a career prosecutor type and that position kind of comes and goes. She currently, she hasn't been in that office for quite some time, she's been working for the Nassau County in Long Island District Attorney working in that office. So again, just a wife that has a job. There's no

overlap. The case wasn't prosecuted by the New York Attorney General or the Nassau County District Attorney. The case was prosecuted by the Manhattan District Attorney General or the Nassau County District Attorney. The case was prosecuted by the Manhattan District Attorney and there's no overlap. The fact that Judge Mershon's wife works apparently successfully for 30 years or so as a prosecutor has no impact or moment on this particular case. But to the podcaster, let's try to get the gag order lifted. Is it that or is he really just trying to get some sort of publicity for a little watched or a little listened to podcast?

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Because businesses that grow, grow with Shopify. Sign up for a $1 per month trial period at Shopify.com slash LegalAF, all lowercase. Go to Shopify.com slash LegalAF in lowercase now to grow your business no matter what stage you're in. That's Shopify.com LegalAF. So he brings it to the Appellate Division and back in May, May 24th, May 2024, the Appellate Division and five justices of the, this is the intermediary level Appellate Court in New York said no, denied, petition denied. There's very

good reason why the gag order needs to stay in place. You have to subordinate the rights of the defendant to other criminal justice rights and he doesn't get to say and do anything he wants, gag order stays in place. Well, Joe Nirenan didn't like that answer on behalf of Donald Trump, so he filed an emergency petition with the United States Supreme Court. Now, because it came out of New York originally, the first stop on that train is Justice Sotomayor, who is responsible for evaluating emergency petitions before they hit the full nine justices of the Supreme Court if it comes out of New York.

And so she saw this emergency petition to overturn the ruling and overturn the gag order and she denied it back in October. Well, would you believe, and I'm sure you can now by the tenor and tone of my story, that Joe Niren didn't like that answer. So he resubmitted an emergency petition and it got assigned to Judge Justice Alito, I think because Nirenin now lives in New Jersey. And so, New Jersey is the Third Circuit, and the Third Circuit is covered not by Sotomayor but by Alito.

So, Alito gets it, and now we've got what I believe is the final nail in the coffin for this case where Alito on behalf of the court has rejected once again good logic versus Juan Mirchand the judge to try to lift the gag order. And that is also an implicit recognition by the United States Supreme Court that the gag order is appropriate, both the one that had been posed against Donald Trump and imposed against Donald Trump by the DC Circuit Court of Appeals in the federal case, evolving Judge Chutkin, affirming Judge Chutkin's original gag order against Donald Trump to go after witnesses and prosecutors and their families and here in the state court proceeding,

which is still pending. I mean, Jack Smith has dismissed without prejudice the DC election interference case federally and has tried to do a similar thing at the 11th Circuit about Mar-a-Lago, but the New York case is post-conviction. We already have a jury verdict, 34 count felony conviction against Donald Trump.

And now we're just waiting on the sentencing. So gag order stays in place. In fact, if I were Donald Trump, I'd abide by it because if he continues to go after Judge Mershon and others, it could enhance his sentence when Judge Mershon gets around to sentencing. We've got some other reporting that's coming up that I think is very interesting about Donald Trump's giving another reward to one of his former failed criminal defense lawyers in Alina Haba, but for now,

that's the reporting. Gag order against Judge Mushan stays. Nobody's buying the argument that because his wife and daughter have a job and draw a paycheck that that makes Juan Marchand biased. We're not living in the 1940s where women had to stay at home or an automatic assumption that one disqualifies the other. Last I looked, even though I was shocked at the time of the election, last I looked, we are living in 2024. I'm going to continue to follow it all at the intersection of law and politics. Catch my new show every Tuesday night here on the Midas Touch Network. We're calling it, wait for it, PO-POK Live at the intersection of law and politics, 8 p.m. Eastern time, right here on this YouTube channel. And then we got a new legal AF

YouTube channel. We formed it a couple of weeks before actually the election, just to be ready for the thousands of lawsuits that are going to be filed against Donald Trump that are coming up and keep a close eye on his confirmation process. Legal AF MTN helped us grow that other pro-democracy channel. So until my next reporting, I'm Michael Popak. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Democracy Channel. So until my next reporting, I'm Michael Popak.