Legal AF by MeidasTouch - Trump files DESPERATE APPEAL after suffering MAJOR Court Defeat

Episode Date: April 11, 2023

Michael Popok of LegalAF reports on breaking news that Trump has filed an appeal of the order compelling Mike Pence to testify against him even though even Pence didn’t bother to appeal and is ready to testify. Support the MeidasTouch Network: https://patreon.com/meidastouch Add the MeidasTouch Podcast: https://podcasts.apple.com/us/podcast/the-meidastouch-podcast/id1510240831 Buy MeidasTouch Merch: https://store.meidastouch.com Follow MeidasTouch on Twitter: https://twitter.com/meidastouch Follow MeidasTouch on Facebook: https://facebook.com/meidastouch Follow MeidasTouch on Instagram: https://instagram.com/meidastouch Follow MeidasTouch on TikTok: https://tiktok.com/@meidastouch Learn more about your ad choices. Visit megaphone.fm/adchoices

Michael Popok, legal AF Donald Trump must like to lose appeals because he's about to lose another one having filed today to try to stop Mike Pence, his former vice president, the one he called a P word, the one he thought that the insurrectionists should hang in the public square because he refused to certify the election using fake electors for Trump. There's a ruling that Pence must testify before the grand jury. It's not just one grand jury, mind you. It's at least three grand juries. Could be Mar-a-Lago and or the Gen 6th grand jury looking into the insurrection

and Trump's clinging to power. And the third one is the big grift by Donald Trump and trying to raise money on the backs of a lie that Joe Biden lost the election. That Mike Pence, that Mike Pence, who already was compelled by Judge or Chief Judge Bozberg of the DC Circuit Court to testify and stripping him of any assertion of executive privilege, the privilege that a president, the current president has, the one that occupies the office.

In other words, Joe Biden has today, if I'm looking at my watch on the 10th of April, that executive privilege is held by Joe Biden and he's already waived the privilege. It doesn't travel with the former president. It doesn't travel with the 45th president. It's held by the 46th president. So this make believe magical thinking that Donald Trump has an executive privilege that he can even assert for the time that he was in office while the current president who holds the privilege has already waved it.

This is one of the reasons ladies and gentlemen he's going to lose the appeal. The other reason is Mike Pence has already said, I'm not appealing. I like the order for Judge Bozberg. Chief Judge Bozberg said that for a very limited period of time, this is Mike Pence talking, while I was at the podium inside of the Senate chamber, banging the gavel to certify the election, everything about that, I don't have to testify to because I'm protected by a constitutional privilege called speech and debate, which is normally only for people who are actually Congress people, actually senators and Congress people. But Bozberg said, you know what, in that role that you're serving in, where you're certifying

elections, eh, that seems like you should have a privilege. But for everything else, Mike Pence, everything else, the attacks on you, the pressure campaign, launched by Donald Trump, by John Eastman, by Peter Navarro, by Mike, by Mark Meadows, to try to pressure Mike Pence, not to certify the election, to throw it to the state houses around the country, to try to throw the election to Donald Trump.

All of that, all of that, Mike Pence, that you got to testify to. And Donald Trump's conversation with you in which he called you the P word, all came out during the Jan 6th Committee investigation. That you got to testify to. You running for your life, this is the artist rendering of running for your life and army crawling out of the capital when it was being attacked by Trump's supporters and white supremacists and all of that. That you got to testify to. Your decision not to get into the secret service car who wanted to whisk you away from the capital so that you couldn't do the vote counting and the certification of the election. That you have to testify to. And of course, Donald Trump is all up in arms.

So he's like, oh, I don't want him to testify to that. I'm going to try to assert executive privilege because he doesn't have a attorney client privilege because of course, there's no attorney or client in this relationship, but there is an executive privilege. Problem is Donald Trump has lost every time in the last month. He's tried to assert executive privilege and taken an appeal to the DC court of appeals, which is the first stop on the train. And probably the last stop on the train, he lost two weeks ago when M. Evan Corcoran, his

own lawyer got stripped of attorney client privilege to testify about Mar-a-Lago and the hiding and misappropriation of documents led by Donald Trump in which the prior chief judge, Judge Barrell Howell, said, I think there's more than likely a crime that has been committed by Donald Trump with the assistance of his lawyer. I'm stripping away all privilege, Evan Corcoran, you go testify. Evan Corcoran took an appeal. Donald Trump took an appeal to the DC Circuit Court of Appeals and got a random three judge panel.

And that three judge panel said, uh, let's get all this wrapped up in 72 hours instead of three to six months. And wrapped it all up in 72 hours, required the Department of Justice to file briefs into the middle of the night. Donald Trump to do the same and made a ruling. And the ruling was, you lose Donald Trump, M. Evan Corcoran. Go testify to the grand jury. And that's what he did.

And Donald Trump did not take an appeal to the US Supreme Court for that. Because he knows he doesn't have the numbers even there. Even the Magger right wing on the Supreme Court aren't going to support him on presidential papers, on presidential crime, on presidential communications. He's lost every time in front of even this hand picked Supreme Court. So, so put that aside. Last week, the, um, one of the last decisions by barrel howl, the then chief judge was to order that an entire group of almost a dozen insiders in the West Wing chief policy advisors chief, uh, the chief of staff, Mark Meadows, the entire security apparatus and advisors around Donald Trump from his national

security advisor, his director of national intelligence from his national security advisor, his director of national intelligence, his homeland security advisor, and Steven Miller for that matter. And Dan Scavino, that entire group, including led by Mark Meadows, they got to go and testify this week in front of the grand jury because Judge Barrel Howell said, um, executive privilege isn't going to work here based on this. And it's held by the other person, the real president, number 46. So they have all been ordered and an appeal got taken of that to a, another three judge panel, new, new three lawyer, new three judges.

And they ruled in less than 72 hours, they gave the Department of Justice two hours to file a brief, which the Department of Justice did right on time. And the new three judges of the appellate court for the DC Circuit said, okay, we agreed the Department of Justice, that group of 12, led by Mark Meadows, Dan Skivino, Ken Kuchinelli, the entire app, a national security apparatus around Donald Trump. You go testify to the grand jury and Donald Trump didn't take an appeal to the US Supreme Court. Are you seeing a pattern here?

Even Donald Trump knows he's going to lose at the US Supreme Court. He's going to take a shot, hoping he gets at least two Trumpers or two right wing Republicans in his panel for the DC Circuit Court of Appeals, hoping maybe he gets a ruling in his favor. But now every time there's a ruling against them, there's a body of law and precedent that's been developed that the new panel will cite to, right? The cement is not just wet, it's hardening around the feet of Donald Trump, because each new panel cites to the prior panel's rulings. It's going to be very difficult now for panel number three or panel number four of the circuit court of appeals to say, yeah, we're going to go another way. We're Mavericks, even even the Trumpers. In fact, in

the decision that just came down in the last three or four days, against Mark Meadows and that whole group of people, that doesn't people. One of the people that voted, one of the people that voted against Donald Trump, was a Trump appointee. That's how bad things are going for Donald Trump

at the court of appeals level, at the DC Circuit court of appeals level. And then when he lost that, as I said, he didn't even go to the US Supreme Court. He said two opportunities to do that in the last month. And even Donald Trump and his lawyer said, hmm, pass. So that's what's going to happen here. He filed today the notice of appeal. He's trying to get the ruling in his favor, if he gets the panel in his favor, but the panels

got to rely on the precedent and the law that's already been set by other panels in the last month or two months. And the Supreme Court precedent that's already been set against Donald Trump on papers, on presidential papers, on executive privilege, on attorney, client privilege, right? He's not just swimming upstream. He's heading into a buzzsaw of losing and failure. So here's what's gonna happen. So you can follow this at home. If you're playing the home game,

the Donald Trump appeal home game, here's how it works. Donald Trump follows a notice of appeal, which he did today. He's asking for an emergency process, an emergency appeal process. That will then get assigned randomly to three judges. Could be one or more of the judges that have already ruled against him on similar executive privilege issues, but it doesn't have to be.

Could be three new judges. You know, there's over 20 judges in the DC circuit court. We can get on random three. They'll set a very quick briefing schedule. I don't know if it's 72 hours, like Evan Corcoran's briefing schedule, or 24 hours, like Mark Meadows and others briefing schedule. But it's gonna be quick.

They're not gonna stretch this out three or four months on Mike Pence. They'll ask for full briefing in a very short amount of time, probably in the month of April, if not shorter, they will rule against Donald Trump on the assertion of executive privilege. Probably once we see the, again, it's all secret. Once we see the filings in the future, you know, history will look at the filings or I will when they get released and we'll report back that it's likely because the argument that Donald Trump is making, which is, I'm the ex president. I have the executive privilege is a dead bang loser, D O A dead on arrival.

Last rights. And that's probably why he keeps losing. So he'll lose again. And then there'll be nothing to stop Mike Pence from going before the grand jury. Now in the meantime, he's got to ask for a stay from the appellate court when it's finally constituted, which will be later today, because judge Bozberg, Chief Judge Bozberg, was asked for a stay by Evan Corcoran and by Jim trusty. And Bozberg said, no way. I'm not staying my order.

Pence goes into the grand jury. Now, Pence going into the grand jury and that order, unless Donald Trump and his lawyers, Corcoran and trusty get a stay from the appellate panel, Pence could go in right now and testify. And if he doesn't, he'll be in contempt of court. But we'll have to see how that plays out. This, I think, is going to go very, very quickly.

So what do we have so far to wrap up the hot take? Donald Trump has expected a peeled again to stop Mike Pence from testifying against him at one of or all three grand juries that are pending against Donald Trump. Mike Pence, however, has elected not to fight it and said, I'm willing to testify as long as I don't have to testify about what happened in the Senate chamber at that particular moment when I was a legislator. So that's fine. You testify about everything else, Mike Pence, to get to the criminal intent of Donald

Trump, the pressure campaign on Mike Pence brought by Donald Trump and those around him like John Eastman to get him to certify a phony election results fake electoral certificates. They were being submitted, send it over to the state legislators and let them, which are mainly Republican, in the majority, try to give it over to Donald Trump, like some election from the 1800s, we learned about in history class. Okay, that's the campaign that's going on against the pressure campaign, against Mike Pence he's gonna testify to.

Mike Pence going out and getting legal advice from a former very well considered conservative federal judge, Jay Michael Ludwig, to get him to give him advice, which the advice was, you can't stop the election, certify, certify the election for Joe Biden, move on. He'll testify to all that. And now we'll see what happens with, we'll watch carefully which three judges get picked at random, because we'll know right away. And even if it's

three Republicans, even if it's three Trumpers, it's going to be very difficult to move away from the body of precedent and and prior case law that's already been established in the last month by other panels of that same circuit to give Trump a win to win. He's got to have the executive privilege, but he doesn't hold it anymore because he's not in office anymore. So that's his problem and he can't solve it by continuing to file. And even if he loses or even if he wins, the Supreme Court is ultimately not going to support Donald Trump on this because they haven't on any issues related to presidential executive power assertion, executive privilege assertion by Donald Trump, period end of story.

We're going to follow these things on legal AF, our midweek and Saturday podcast on the Midas Touch Network. We do it on YouTube. We do it everywhere. You can pull your podcast from Google to Spotify to Apple. It's the leading podcast that discusses curated stories that we pick for you that are really important, you know, pull from the headlines

at the intersection of law and politics, politically charged litigation that you need to know about from coming from three lawyers who know what they're talking about. And then I do hot takes like this about every, I used to say every day, it's about, it's about every hour at this rate. And if you like what I'm doing, I'm Michael Popak. You could follow me on social media at MS Popak.

This is Michael Popak, legal AF reporting. The best part of waking up, maggots here's a mic cup. Check out the new maggots here as much available now at store.mitustouch.com. That store.mitustouch.com. It's 100% union made right here in the USA. I know I'm not tired of winning yet. How about you? Get yours today.