Legal AF by MeidasTouch - Trump Aide Gets SHOCKING COURT LOSS he didn’t expect

Episode Date: November 12, 2024

In a major setback for all of the Trump criminal co-conspirators in his last administration, the US Supreme Court denied former Chief of Staff Mark Meadows couldn’t even find 4 MAGA Justice votes to stop his Georgia criminal prosecution and have the federal courts and SCOTUS bail him out. Michael Popok explains that the Court not only rejected his appeal but left standing the 11th Circuit’s ruling that only current but not former federal officers can drag their state prosecutions to federal court. Here that Susie Wiles? Create: Get 30% off any subscription or one-time purchase of Create 90-count bags at https://TRYCREATE.COM/LEGALAF Join the LegalAF 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 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 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 Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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with iGaming Ontario. This is Michael Popak, legal layoff of the Midas Touch Network. Mark Meadows, former chief of staff in his attempts to try to get the United States Supreme Court to bail him out of the criminal prosecution in Georgia has failed. Mark Meadows is going to stand trial in Georgia in the Fulton County DA's case, as long as that case survives appeals that are ongoing right now, because the United States Supreme Court has said that they are satisfied with what the 11th Circuit Court of Appeals did to rule against Mark Meadows

about six months ago, finding that Mark Meadows did not have the entitlement to take his state court prosecution over to federal court to have a federal judge make decisions about any defenses and then ultimately a ticket to the United States Supreme Court. The Supreme Court has dashed those hopes for both Mark Meadows and anybody is similarly situated like former acting Attorney General Jeff Clark who tried the exact same trick to get out from under the prosecution and state court to try to

take it to federal court to try to take it to federal court, to try to take it to federal appellate court, to try to take it to federal US Supreme Court to avoid the prosecution outright. No, the Supreme Court has slammed the door in a one word order today, just denied, denied the request by Mark Meadows to have his case heard. Now let's back up how we got here. This just goes to show you that while Donald Trump,

because he was president and is now president again, may enjoy some unique set of defenses like immunity to avoid being brought to justice for his crimes, even that predated his presidency, that's not enjoyed by everybody else. And that's why attorney generals around the country, like Chris Mays in Arizona, said, Tuesday doesn't change our prosecution of people like Mark Meadows, Rudy Giuliani,

John Eastman, Mike Roman, and others that tried to use fake electors to overturn the will of the people. That case continues. Similarly, the 18 or now I think it's down to 14 people left in the Georgia Fulton County District Attorney prosecution, they're not going anywhere. They're elite, I can tell you straight, they're not going to federal court to have anything heard there. It's gonna have to stay with Judge McAfee.

Now that case in Georgia, you may recall, is sort of on ice right now for another month or two, while the Georgia lower level appellate court makes some rulings about which counts should be dismissed or not and which parties should be dismissed or not. And whether the prosecutor, because she dated somebody on her team, needs to be removed from the case. That sort of issues coming up from Judge McAfee, the state court judge, that's why it's been

sitting around for about eight months on ICE. That ICE is about to thaw and Mark Meadows ain't getting out. Now Mark Meadows and all the other former federal officers arguments over that there's a unique federal removal statute that allows a federal officer at the time, that they are a federal officer, who gets prosecuted in state court to go run to a federal judge to try to get out from under it. But the 11th Circuit Court of Appeals, that's usually right-wing leaning, sitting in Atlanta, decided that Mark Meadows could not use the federal removal statute for two major reasons. One, he was no longer a federal officer.

He was no longer the chief of staff for Donald Trump. And their interpretation, which was the first time in 200 years that a federal court had interpreted it this way, but it makes perfect sense. They said, you can't take the case out of state court just because you don't like it. If you're a former federal officer, maybe you have an argument if you're currently a federal officer that you're getting prosecuted by a local prosecutor and that would interfere with your ability to do your job under federalism. But you're getting prosecuted by a local prosecutor, and that would interfere with your ability to do your job under federalism.

But you're former, you're very former. So no, you don't get to apply it. And by the way, even if that wasn't a problem, you don't fit the criteria to entitle you to removal, state to federal court, because this is what you did, what you're accused of, the phone calls to the Secretary of State in Georgia, trying to break into the counting room in Coffey County, Georgia, that goes beyond being Secretary of State.

You're now felonious. You're now moved into conspiracy. And that is not something for which you have unique federal defenses. So no, you don't get to remove the case and your former, which is the main reason. Well, everybody was sort of apoplectic about it. Like, what do you mean? Where does it say you, formers can't say it, formers can't use it.

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That's T-R-Y-C-R-E-A-T-E.co. slash legalaf for 30% off your order. But the 11th Circuit stood tall. And they said, that's how we interpret it. And now there was some speculation that the United States Supreme Court may reverse the 11th Circuit decision or take the case to clarify former versus present.

But that's over. In order for a case to be brought up on writ of certiorari, meaning the appeal is granted by the Supreme Court, you need at least four votes. You need five to decide in your favor, but you need four to decide to bring it up. Mark Meadows couldn't find four MAGA votes among six to take the case up on appeal, meaning the 11th Circuit ruling that only current but not former federal officers, brand-new law, can use the federal officer removal statute is the law of the land. It is the final highest level court ruling, and unless some other court rules some other way, the Supreme Court's going to stay out of it. They don't see a reason to get involved. They couldn't find four justices to take that case

up. That also kills Jeffrey Clark, who was the acting attorney general for about 20 minutes. He had the exact same thing happen to him. He took it to the 11th circuit. The 11th circuit said, you're exactly similarly situated as Mark Meadows. You're a former attorney general at best. You don't get to use this statute. Even if you could use it,

you don't qualify under it for what you're accused of doing. So no, you're staying in the state prosecution with Fonny Willis at the helm. And if people think they're getting rid of Fonny Willis, they're not getting rid of Fonny Willis. You know who else was elected or reelected on Tuesday? Fonny Willis, the people of the Fulton County around Atlanta like Fonny Willis in the job that she did,

and they returned her to office for another four year term. So unless she's removed because she went out on a date with somebody in her office, having nothing to do with Donald Trump, which I highly would find suspect, this case is moving forward. It may not include Donald Trump. Let's be frank, it won't include Donald Trump. He's going to have to get dropped from the case based on the people's decision on Tuesday to return him to the presidency. But everybody else, you shouldn't have followed your cult leader over the abyss when he had a, he was wearing, you know, you shouldn't have followed him into the fire when he was wearing flame retardant pajamas and you weren't.

That's the best way that I can put that. So we're going to continue to follow what happens with Mark Meadows, but it's done. He's being prosecuted just like he's being prosecuted by the attorney general in Arizona. He's being prosecuted by the local prosecutor in Georgia. And I got news for these other people. Now that the case is over effectively in the federal courts and federal prosecutors by operation of the election, if it wasn't for the immunity that Donald, you better beg for immunity, which you're going to get, like Mark Meadows, Jeff Clark, because otherwise,

down the road, a future prosecutor could try to bring a case, an indictment against you, because the statute of limitations would not have run. But you know that Donald Trump's going to wave a magic wand. In his first month, he probably already has the list of 2,000 people he's gonna pardon, all the Jan 6 people, all the Jan 6 defendants, and the like. But the news here, the reporting here is, Mark Meadows, the Jeff Clarks of the world,

the Mike Romans, the Rudy Giuliani's, you're not going anywhere. And if you've been prosecuted by state prosecutors in New York, in Arizona, California, in Georgia, you have no ability to take your case to federal court, nor apply federal defenses, nor try to hide behind Donald Trump's immunity cocktails, because there aren't any. I'll continue to report on it. Now more than ever is the time to free subscribe. Hit the subscribe button for the Legal AF channel.

We added 30,000 new subscribers, I think, each and every one of you, since the election and here on the Midas Touch Network. The bigger our two pro-democracy channels get, the more we can hold Donald Trump accountable moving forward. The job is not over. We didn't build these channels just in the hopes that Kamala Harris or Joe Biden would win. We built them to be durable and to be here as a community with this kind of shoulder

to shoulder activity in case they lost and now we're here. So until my next hot take, until my next Legal AF, I'm Michael Popak and I am reporting. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. I'm Popak and I am reporting.