Legal AF by MeidasTouch - Trump Hands New INCRIMINATING EVIDENCE Directly to Jury

Episode Date: January 23, 2024

Trump continues to manufacture new evidence every day that E Jean Carroll’s are delighted to use against him in real time to prove the point to the jury that without a massive punitive damages award against Trump he won’t stop his relentless defamation campaign against her. Michael Popok of Legal AF reports on a new motion to have a Trump press conference and social media statements in the last 2 days brought before the NY federal jury hearing the case, and what the likely impact on the verdict will be. 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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I'm seeing something with Donald Trump in the E. Gene Carroll punitive damage case for having raped her and then defamed her by denying that it ever happened. I'm seeing something play out. I've never seen before. A party is is creating and manufacturing evidence in real time that the lawyers on the other side are printing off, letting the judge know about, and bringing them in. So whenever Donald Trump leaves the courtroom or doesn't attend a day of trial and then

defames Eugene Carroll again and again in a case that's still pending about his persistent and consistent defaming of her in which the plaintiffs lawyers have told the jury come up with a amount of money, sufficient impugnative punishing damages to make him stop. He's not only not stopping, he's giving the jury other examples that are left unchecked. He will continue to bash this woman and grind her into an ashtray if he can, the victim of his rape. So I don't know what strategy this is, the strategy of continuing to create cumulative

new evidence that demonstrates, improves the exact point that the plaintiff is making to the jury. I mean, this is like somebody in a courtroom with a hammer continuing to bang his forehead with it, you know, and then, you know, increasing the repetitions in front of the jury until they make him stop. I've never seen it before the only way I can interpret this is that he thinks that by

being the tough guy and Denying that it happened even though he's already been a judge to have raped her Denying that he knew her doing all the things the judge judge Kaplan has already said that Donald Trump Cannot and may not do on the stand in front of the jury. Although I'll do another hot take of why I think there's a risk that Donald Trump will try to cause a mistrial of the case because he knows it's going badly for him and do exactly what the judge told him not to do, but risk contempt and a contempt sanction and a default judgment being entered against him rather than have a go all the way to the jury.

They might be forcing the judge's hands to enter a default judgment much the way that Rudy Giuliani calculated and manufactured a default judgment against himself by being sanctioned by a federal judge by doing exactly the same types of things that Donald Trump is doing. If they're playing from the same playbook, force the judge to find against me,

take it away from the jury, and then I have a talking point about that. That's what we're watching. Otherwise, it's just pure and utter insanity. Because now, E. Jean Carroll's lawyers with a filing that just got made over the weekend in a new letter brief that we have here submitted to the judge has told the judge that they intend to use new evidence just created by the defendant Trump while the case has been

going on as an example of exactly the reason they need a jury to award her tens of millions of dollars, particularly what they informed the court is as follows under the under the header on page five, sorry, page three of their brief defendants, most recent statements. Finally we write to provide copies of two new proposed exhibits, which they, which they label or identify PX 165 PX 166. That's plaintiffs exhibits for identification purposes, which consist of two statements that Trump made about Ms. Carroll. Since she stepped down from the witness stand on January 18th, I was just on Friday. These statements in which defendant repeats his false claim that he, quote, never heard

of Ms. Carroll, never touched her, had nothing to do with her, over to page four of the brief and as noted above, promises to repeat his lies a thousand times. You do that in a courtroom that's called contempt and can lead to sanctions, jail time, and a default judgment being entered against you, Mr. Trump. Such statements are of course relevant to the issue of punitive damages. The brief goes on as they illustrate that defendant has no intention of ceasing his defamation campaign against Miss Carol, even in the face of judicial proceedings in which his liability for defaming her is already settled, meaning the jury back in May already decided that he defamed

her and that he did rape her or sexually assault her as that term is used in New York. And a judge, judge Kaplan, a federal judge determined the exact same thing. So therefore, Donald Trump is a stopped, precluded, uh, legally from making any counterargument in the courtroom. And they want to take the evidence where he's trying to get away with it and free ride on the fact that he's not test yet testified outside the courtroom, but then use it to punish him in the courtroom, which is an appropriate, appropriate thing to do when you've got it out of control defendant here. Um, the brief goes on, it says, and while these statements by Trump could have

been offered through the testimony of Ms. Carroll, if they had been made earlier, they can and should be received regardless. The posts were disseminated through defendants personal truth social page and share many of the distinct characteristics of the other false statements already in evidence that defendant posted to truth social, citing a rule of evidence that allows this kind of material to come in rule 901B4. We plan to offer PX165 and 166 along with plaintiff's other remaining exhibits on Monday. All right. So you have an example of that. Further, this letter brief also addresses, and we'll have a little bit of a legal AF breakout session here, what we refer to in the addresses and we'll have a little bit of a legal AF breakout session here, what we refer to in the

trial world as the rule of completeness. And that generally means that if a party puts on a piece of evidence, but doesn't read or show or have the jury listen to all of it, there's a part of it that they like and there's a part of it they don't think they need. It's not relevant. Maybe an audio clip, maybe a deposition transcript from a question and answer under oath prior to trial. Then you can read your part and for completeness, you can read in context, you could read a section above or below it. Maybe your opponent wants to play, you know, a two-minute snippet of a telephone recording and you want for the purposes of completion, under the rule of completion, to play the the entire 35 minute audio, something like that. And a judge has to determine whether all of it comes in and it should be played for the

jury. And so there is a battle going on about a particular press conference that Trump gave right after leaving the courthouse last week on the 17th. He hasn't testified in this case. It may never, although they've threatened to have him do it on Monday. But Trump likes to talk out in front of courtrooms and courthouses, not inside of courtrooms and courthouses. Oh, I'm always on the lookout for immune strength during cold and flu season. And I just discovered an incredible product, Armra Colostrum. Now my immune health has never been stronger.

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And there in the clip, he repeated his defamatory statements about Ms. Carroll after he left the courthouse. In fact, I'm gonna show you the clip right now that they're fighting over. Here's the clip and here is the information that the jury has heard or will heard. And then I'll tell you about the rule of completion.

Let's go to the video clip first. I'll be leaving for New Hampshire, in other words, right after this. And then as to the trial today, it was a very interesting day. As you probably noticed, it's a big story that the witness today, the person I never knew, I never had anything to do with. It's a totally rigged deal. This whole thing is rigged election interference. But this is a person I have no idea,

until this happened, obviously, I have no idea who she was, and nor could I care less. It's a rigged deal. It's a made up fabricated story. Well, they found out today that she got rid of a lot of evidence, as you probably noticed. She'd get rid of massive amounts of evidence.

And in addition to that, she had a rifle or a gun, because she said she bought gun bullets or rifle bullets, and it was the opposite, I guess, of her gun. And was it licensed? No, it wasn't licensed. So I guess she's got a difficult problem. That's going to be her problem, but she has a gun or a rifle. She didn't really explain which. She might have both, because she said she bought rifle bullets,

and it's totally unlicensed. So I assume that's a problem. But the judge was protecting her. He didn't want to go there. We don't want to go there. We don't want to. If that were me, it would be a different story. But with her, the judge is totally protective of them and

Frankly anybody in that court would see it. It's frankly. It's a disgrace That's probably one of the reasons our country is going to hell. So here you hear in the video That was already offered on the 18th by Eugene Carroll's lawyers the following following statement, the witness today, this is Trump talking, the person I never knew, I never had anything to do with, it's a totally rigged deal. This whole thing is rigged, election interference, but this is a person I have no idea until this happened, obviously,

I have no idea who she was, and nor could I care less, it's a rigged deal to made up fabricated story. That is exactly what he cannot say by court order in the courtroom. And yet he tries to get away with it on the courthouse steps. And so they played that for the jury. And Alina Habba stood up, the lawyer for Donald Trump and said, oh, we want to play the rest. There's context that's being left out. But the part that they have left out, the part that they didn't play has to do with whether, for instance, whether E. Jean Carroll bought a gun

or didn't buy a gun seems to have nothing to do, for instance, with anything that would put this clip that was played for the jury in better context and therefore the rule of completeness should not apply, right? And that's what they're arguing here in this letter brief. Don't play the rest. If Donald Trump wants what he takes to stand, maybe try to argue something about this Here, Stay statement, that's fine.

It's against interest, so it's a non hearsay admission, but the rest of the audio where the press conference where he just attacks her and calls her crazy and says that she's baby has a problem because she has an unlicensed weapon. None of that is should be coming into the jury and played for the jury to round out the other half of what we played. And so we're going to watch this judge on Monday. He's got a lot of things to do. Right. You got Donald Trump who may take the stand, Carol Martin, they may call as an adverse witness against Eugene Carroll. The lawyers for Eugene Carroll have decided that they're not going to play aspects of the excess Hollywood tape again, and they're not going to put on two other witnesses that were previously, this shows real strength in their

case, that they're not going to put Natasha Stoynov and Jessica Leeds, two people who were similarly sexually groped by Donald Trump in and around the time of Eugene Carroll having been raped. Natasha Stoynov, a reporter for one of the rag sheets, I forget exactly which one, who says she was attacked and kissed by Donald Trump while she was doing a puff piece about the new marriage to Melania down at Mar-a-Lago and Melania left the room. And Jessica Leeds, who's already testified that she had the misfortune of being upgraded to first class from an economy scene on a plane sitting next to somebody she didn't know, but turned out to to be Donald Trump and he tried to grope her, you know, her breasts while she was on the plane. But they're not going

to put those people along because they don't want to invite a mistrial by Donald Trump getting on the stand and trying to attack those women. This shows tremendous confidence by Robbie Kaplan about where they are in the case after the four-fifths of it or so is already over. And they don't want to do anything to the risk of mistrial. They like their jury. They like the way the case is going. They like the way Alina Habba is is is acting out and getting shot down by the judge and Donald Trump. They're going to go to him into testifying. And if he screws this up and tries to commit a mistrial on purpose,

then they're going to go for a default judgment and take it away from the jury outright and let the judge award the damages, which is what could happen here at the rate that they're going to go for a default judgment and take it away from the jury outright and let the judge award the damages, which is what could happen here at the rate that they're going. In any event, we'll continue to follow in on Legal AF on the Midas Touch Network right here. Don't change that dial. Help them get to 2 million free subscribers this month. And then if you like what we're doing, we do a podcast called Legal AF. The title is exactly what you think. We do it on Wednesdays and Saturdays at 8 p.m. Eastern time and then on Audio podcast platforms of your choice. So until my next hot take and leave me a thumbs up on this one

If you can it helps with the ratings helps keep the lights on until my next illegal AF. This is Michael Popak reporting Thanks so much for watching. We're only a few subscribers short of two million subs reporting.