Legal AF by MeidasTouch - Supreme Court KEY DECISION on Trump ABOUT TO DROP

Episode Date: February 23, 2024

Michael Popok of Legal AF explains why there has been a WEEK LONG DELAY by the Supreme Court to rule on Trump’s immunity appeal, currently holding up his DC trial, is likely the result of the majority ready to DENY TRUMP’s appeal. However, they are waiting on Thomas and Alito to finish writing their DISSENTS, which would allow DC trial of Trump by July. Head to https://tryarmra.com/legalaf or enter promo code: LEGALAF to receive 15% off your first order! 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

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Call 1866 5313126-Hunter or visit connexontario.ca. Please play responsibly. This is Michael Popak, Legal AF. The clock is ticking. We got a delay of over a week in the United States Supreme Court making a decision one way or the other

on the application for stay or on the underlying merits to substance of Donald Trump's immunity appeal, and it's delaying the trial of the matter. Why is there a delay? What are they talking about behind closed doors? Which of the many directions in the fork in the road are they taking? I'm going to break it all down right now and then give you my reasoned opinion about which one of the roads they're going to take and what we're going to see in the deliverable, the actual decision making. First, let me tell you how we got here. There's been full briefing already. The DC Court of

Appeals three judge panel led by Judge Pan over three weeks ago ruled against Donald Trump that there was absolute presidential immunity to have his indictment dismissed, finding that no one is above the law, and that at the very heart of our separation of powers, there must be a checks and balance where even the president of the United States at the time has to comply with the laws, the criminal laws issued by the Congress, the second branch of our government, and adjudicated by the judicial branch. That was their finding. It's airtight, 60 pages of rock solid analysis.

Donald Trump appealed because he had to. The appellate court said, if you don't appeal by a date certain in the middle of February, we're going to remand this case back to the trial judge, Judge Chutkin, for her to continue and set this case for trial, which would likely be sometime in July, well before the November election. Having that direction, Donald Trump took an application for writ of cert and for stay to the United States Supreme Court. First stop on that train is John Roberts, because Chief Justice Roberts sits over all

things DC, a court of appeals and DC courts as the Chief Judge. That's his Chief Justice. That's his prerogative. He can do one of two things when he's met with an application like that. He can, on the face of the application, grant it or deny it. He can ask for full briefing. He can continue to stay the case and send it over to the rest of his eight more of his justices for a full panel decision. It's obvious that he's sending it over to the full panel. So all nine people on the United States Supreme Court make the decision. He didn't have to technically enter an administrative stay because of the way the DC court of appeals wrote their opinion.

It's automatically stayed unless and until the United States Supreme Court makes their final decision. What is the final decision we're talking about? And why is it taking so long? And why so much silence? Well, there's silence here, but behind the scenes, behind closed doors, this is what I think is happening. There's one of two routes they can take. They can either, now that they have the full briefing, they have the two briefs from Donald Trump, one from the Department of Justice in the form of Special Counsel Jack Smith's brief, they've got amicus briefs, which are friends of the court brief on the issues all pushing to either find absolute immunity

or no finding of absolute immunity. Here's a side note. Here's a side note. No one in their right mind believes that Donald Trump and his lawyers think they have a winning argument that there is absolute immunity for anyone who occupies the Oval Office from criminal prosecution

once he leaves office. No one believes that. The only reason, the only reason that they are bringing this case is for delay and delay only, and delay only. And so the longer this goes as the week that I started this hot tick with has been burnt off, it's one week closer to an election and maybe Donald Trump being able to stop the prosecution. But that's not where I think the delay is coming from. I don't think it's coming from just an idle interest of the Supreme

Court to give Donald Trump a win by justice denied. I don't think that's what's happening. They can either treat his application as a full-blown appeal on the issue of immunity, and therefore, they can come out of this quiet period, this quiescence for a week, and then order full briefing on the substantive issues and set oral argument and have that all happen sometime, let's say, between March and April. Or what we might be watching, and this is April. Or, or what we might be watching, and this is where I lean, the struggle we might be watching is that they are, they are going to deny the application, deny the motion to continue to stay the case until maybe the

end of the case for an appeal, but let the case go back to the trial judge for trial setting. But there are a number of Republican right wing, MAGA, so to speak, Supreme Court justices. And I can name at least two right here that want to be heard and write a substantive dissent. And that's what they're doing right now. They're writing their substantive dissent. Oh, I'm always on the lookout for immune strength during

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Listen, I take three to four scoops of Armour Collostrum a day, and I increase it as desired for amplified defense as a whole food. There's no such thing as too much. We've worked out a special offer for my audience. Receive 15% off your first order. Go to tryarmoura.com slash legal AF or enter legal AF to get 15% off your first order. That's T-R-Y-A-R-M-R-A.com slash legal AF. I think it's more likely that Alito and Thomas are writing, maybe joined by somebody else like Gorsuch, is writing their substantive writing. All right. And what we would see then is a two line, two line, not pages, two line denial of the request to stay, setting the case back to Judge Chutkin on remand

to let her set the case for trial like next week. But it'll come along with these 10 and 15 page dissents, maybe one dissent joined by a couple of Supreme Court justices like Alito and Thomas or the other. If I had a guest who's writing it, it's probably Alito joined by Thomas, maybe by Gorsuch. I think that's about it. So I think there is that a foot and what will then spit out the other side maybe later this week, but likely next week is going to be, and this is my prediction, I could be wrong and I'll come back on here and tell you I was, but this is why things

going on. They're going to deny the stay that Donald Trump requested. They're going to, by doing so, basically affirm the ruling of the DC Court of Appeals against Donald Trump finding no absolute immunity because they don't want to make that law that gives license to the next occupant of the Oval Office, God forbid, Donald Trump or anybody else who thinks they can get away with it. They got to get out of jail free card because they happen to be the president at the time they commit a crime.

They don't want to set that precedent. But what we're waiting on again is the, this is my computer word processing symbolism, we're waiting for the writing of the dissents, not of the majority opinion. The majority opinion will be a two line rejection. That I think is a 60 to 70% chance of what's going on. The 30 or 40% chances, they are still struggling in caucus and in meetings and in letter writing and in memo writing back and forth

that they're circulating and a draft competing opinions are circulating and they're still trying to figure out whether they wanna grant the stay or not or whether they wanna have full briefing from the parties on the issue. I just don't think that's what's happening. It could and if so, we'll see one of two things. An order granting the stay,

which indicates that there's enough votes to find eventually absolute immunity, and therefore that case is off the docket against Donald Trump, the DC election interference case, forevermore, at least through the time of the election. That's why I don't think they're doing that. Or they come out of this, you know, this cauldron of a week, this pressurized,

this pressurized crucible for a week of yelling and screaming and, you know, polite ways that the Supreme Court operates. And they say, we need more briefing. We need more briefing on the substantive issue of the appeal. Donald Trump, you get two more briefs, one more brief for the special counsel and we'll see all you guys at the end of April for oral argument. I just don't get the sense that's what's happening. So I'm trying to explain to you what I think the delay is. May not be a bad thing. We'll know and I'll come back and tell you whether I was right or wrong, if we see a short denial of the motion to stay,

that means it gets sent right back to Judge Chutkin for trial. And if Donald Trump has anything that he wants to raise after he's convicted or not, he can do that on an appeal and raise absolute immunity, but they're not gonna handle it now. But what we'll see is two fiery dissents by Alito and Thomas or one that they're working on right now feverishly

that will blast the rest of the United States Supreme Court and say this is an absolute outrage. And we've never in the history of 270 years have ever found that somebody can be convicted or indicted for actions taken that were maybe official or borderline official as president of the United States is terrible for our constitution. And, you know, the world is falling skies, falling blah, blah,

blah, that's what I think they're working on. We'll continue to follow and I'll come back here as I said and promised you and report on it. One place legal AF, Midas Touch Network, this YouTube channel, you knew that. Two million strong going to three million before November. You can bank on that. And then you can follow our podcast. We call it Legal AF for a reason. Think about it. Every Wednesday and Saturday at 8 p.m. Eastern time. And then on audio podcast platforms of your choice. And then I do hot takes like this one about two or three

times a day at the intersection of law politics and justice. So if you like what I'm doing, give me a thumbs up. It really does help with the ratings and keeps the content coming to you on this network, keeps the lights on, so to speak. So until my next hot take, until my next podcast of Legal AF, this is Michael Popak reporting. Love this video? Make sure you stay up to date on the latest breaking news and all things Midas by signing up to the Midas Touch newsletter at MidasTouch.com slash newsletter.