Legal AF by MeidasTouch - Trump Has NIGHTMARE YEAR AHEAD and It’s Only Getting WORSE

Episode Date: July 31, 2023

Not all 4 indictments can go to trial before the election but at least one or two will! Find out which indictments will go to trial before the election from former prosecutor KFA who breaks it all down for us. Head to https://fastgrowingtrees.com/legalaf right now to get 15% off your entire order! Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

Donald Trump currently has two indictments against him and we think two more are coming. Which ones can go to trial before the election in November? Let's talk about that now because there's no way all four will go to trial before November. Trials take a long time to both prepare and to actually have a trial, right? They take time. So there's no way all four will go or even the two that he has might not go, right? They take time. So there's no way all four will go. Or even the two that he has might not go, right? There's the Alvin Bragman Hatton DA case against Stormy Daniels. And then there's the Mar-a-Lago documents case that was superseded yesterday with his blockbuster new charges

and Jack Smith calling Trump's bluff and showing him, we have the document that you were flashing around in Bedminster. It's not a pile of magazine, clippings and other papers. We have the super top secret Iran document and we are going to use it at trial. So which case has the most likely chance to go to trial? Assuming all four indictments happen soon, right? We have the Alvin Bragg Stormy Daniels case, we have the Mar-a-Lago documents case.

We think that Jack Smith is going to indict Donald Trump on the Jan 6 case any day and same with Fannie Willis. We think she's going to indict Donald Trump any day, which one will go first? Who knows? They're both Jan 6th related, the two that are coming. And so assuming he has four indictments against him, let's talk about which ones we think will go before the election. Now for everybody who says, why do we have to have both state

and federal cases against him? Don't forget that state cases make him pardon proof. If he's convicted in the state, he can't pardon himself nor can he stop the cases from going forward the way he could if he were elected president. And it was his Department of Justice that had the cases pending. He could either attempt to pardon himself, the jury's out on whether he's can or not actually legally do that, but if he'll try for sure, or whether he will, his department of justice, he will get the attorney general because don't forget he gets to appoint that position if he becomes president, he'll just make the cases go away.

So it is important to have both state and federal cases, but let's talk about whether or not we think, for example, the Stormy Daniels Alvin Bragman Hatton D.A. Case will go before the election. I think it will. It is currently scheduled for March of 2024. It's in state court that prosecutors in state court will be ready to go. It's not a huge complicated case. It's a very discreet set of facts. You don't have a ton of witnesses. And I think that case will go judge Juan Mershon will make sure that Trump's number one trial strategy, his defense, is to have no trial, is to delay, delay, delay so that he never has to go to trial. And John, judge Juan Mershon, who I've been before many, many times, who's an excellent

judge and a fair judge, he will not allow that to happen. The only way that case wouldn't go to trial, I believe, is if another judge, a federal judge, said to Judge Mershon, you know what, step aside, we want to go first. And judges sometimes do that. They will talk to each other. They will coordinate with one another. And because judges are the ones who control the calendar, not even Jack Smith or the DA's office, they don't get to control when a case goes to trial. That's up to the judges. Once you have a case in court, the judges have a lot of discretion

about the scheduling, how fast case goes, how slow a case goes, and the parties can try and slow it down, but the judges can hold them in contempt if they do consenction them and can actually push them. So it's really up to the judge. And like I said, the judges might coordinate and one of the federal judges might request, Judge Mershon, can we go first? And Judge Mershon would work with him and potentially do that. But if that does not happen, then I think that case is going in March of 2024. And I think that's going to end up in a conviction because it is a very strong case. And there's lots of corroboration of Michael Cohen, even though he has some baggage, right?

He's been convicted of lying under oath before Congress. He's done some things himself. But I think that case is a very strong case, and we'll end up in a conviction. Will the Mar-a-Lago case go to trial before the election? You know, yesterday they superseded it. They added charges, they have four new charges, but 11 pages to the indictment, and one more defendant. And so the question that everyone was asking yesterday was, will that delay the case?

Will the superseding indictment delay the case? Why would Jack Smith do that? Excuse me, if it could possibly delay the case? Why would Jack Smith risk that? Well, when Jack Smith asked for December 2023 trial date date and Judge Eileen Cannon rejected that, you know, don't forget Jack Smith asked for December and the defense attorneys for Trump asked for never. They didn't want to go to trial. They said, look, it's not have a date. Judge Cannon split the baby and scheduled it for May of 2024.

That's about six months later. Well, as soon as Jack Smith saw that, that okay, it's not going in December, he went forward and added, you know, because don't forget, prosecutors don't stop investigating, just because when an indictment comes, in fact, it's the opposite. That's when that's when the investigation heats up, because now they've got, now there's like pressure, right? There's charges and witnesses know you're breathing down their neck. It's no longer hypothetical charges. Witnesses will want to cooperate. They'll want to come in because they don't want to get indicted themselves, right? So, you know, that keeps, it keeps going. You keep developing new evidence, new leads, et cetera.

And so oftentimes prosecutors will supersede an indictment and Jack's misad way. We have all this time now because it's not going in December. So let's go forward and bring the charges and bring the charges against the head of maintenance, Mr. Oliver, which he did, and add these other charges, including that Iran document, which is just, I think, a rock crusher

and calls Donald Trump's bluff. And so will that case go to trial because it was superseded? I personally don't think that the superseding indictment will add much time to it because the charges against Mr. Olivera don't require top secret security clearance. So if there's known to this like classified documents or CEPA, the classified information procedures act, there's nothing like that. I don't think his lawyer is going to have to get top secret clearance.

The charges against Mr. Olivera are the lying to federal agencies and destroying evidence when he was in cahoots with Walt Notta and Donald Trump to destroy the servers that contained the video evidence, the videotaped evidence that Jack Smith relied upon. Sorry about that. So I don't think that that will delay it,

but it might delay a couple of weeks because the rainman's Monday, the attorney's gonna have to get up to speed. So I'll give it a week or two or three, but I don't think that's going to delay it at all. However, I still think there are many hurdles to jump through to get this case going in May of 2024. So Judge Cannon, don't's, don't forget,

she scheduled the trial originally to be in August of 2023. No one ever thought that was gonna happen, but that was her sort of, let's just get a date on the calendar and let's get some other dates on the calendar or some other milestones that we have to go through in that order.

No one thought it would go in August, but she put that together. It's her standard order that really tells the parties. These are all the things you have to do to get your case going to trial. And she gave more than 30 intermediate deadlines that related to the trial and what would have to happen. Things like what you have to do with the classified documents, the discovery that has to be turned over, any motion practice and the dates of the motions, like the defense will put in their motions saying, I want to argue these things and the prosecutor will reply.

And then the defense can reply to the prosecutors reply. And then there's oral argument. There's a whole lots of things happen pre-trial. They get worked out to determine what gets to come in during the trial. And if any of these are delayed, the whole trial gets pushed back. And as I've said many times, it becomes death by a thousand cuts. This summer, you could spend thousands of dollars on planes hotels and tourist traps, or you can spend less money on a beautiful garden that will give you years of pleasure with fastgrowingtrees.com.

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really complicated novel question. I know you gave me, you know, July 28th as a date for my motions. Can I just have one more week? And then the second defense attorney will say, yeah, you know, my client is in a different position than all the others. You know, Mr. Oliver will say, you know, my client only in a different position than all the others. You know, Mr. Oliveira will say, you know, I, my client only has four charges against him. And, you know, and Donald Trump has 32 charges against him. And I don't want my client to be, you know, to be tarnished with all of those other charges.

So, you know what, I'm going to ask for an adjournment to make that motion. And so she gives him another week or two. And it just creeps up, you know, that's why I say death by a thousand cuts because it just gets closer and closer and closer to the election, you know. So, like, so, you know, she gives them in this, in this order, she gives them about five weeks from November of 2023 to December of 2023 for motion practice, you know. And, and what are the motions that they will make, right? Trump is going to cut, he's going to And what are the motions that they will make, right? Trump is going to, he's going to argue that, that all of my communications with my attorney,

those are all going to be privileged. You shouldn't have allowed the prosecutor to pierce the attorney client privilege and allow all those communications that were used, remember, that was, became a roadmap for the Mar-a-Lago case that that should never have happened. So that's going to be something that requires extensive

briefing and is going to require probably a hearing. They're going to challenge which is standard the constitutionality of the search, right? Did they have probable cause to search Mar-a-Lago in the first place? He's going to argue prosecutorial misconduct. He's gonna say that the special counsel law was unconstitutional against a sitting president.

He's gonna say he had a right to declassify the documents so he could possess them in the first place. He'll argue this is a political prosecution that everybody has classified documents, right? Pence had them, Biden had them, but he's the only one being prosecuted. Hillary Clinton had them, you know, Biden had them, you know, but he's the only one being prosecuted, you know, Hillary Clinton had them, he wasn't ever prosecuted, so he's going to argue this is political persecution like he has been, and you know, he'll also argue

that this is infringing on his first amendment rights because he's running for office, and by taking him away from his ability to run for office by he has to go to court and sit for a trial that that's interfering with an election. He's going to argue that any the classified information procedures act, what happens there is look these are super top secret documents and the information can't really be allowed in a trial. And so what happens? The judge will either summarize the documents or sanitize the documents so that they can be used at trial. He's going to object to that. He's going to say, it should all come in. The American people should see it all because I have a right to a public trial. That's going to be litigated. And you know, potentially,

if Eileen can and rules in a way that the government doesn't like, the government has a right to actually appeal that ruling and go to the appellate courts and all the way up to the Supreme Court, which they might have to do if she makes some bad national security rulings there. Again, that will delay things. Will any of them move to sever? Because right now there's three defendants, right? Will the defendants want to sever themselves from Donald Trump because they don't want to be tried with the big guy?

Or will the prosecutors sever them from there? Who knows? It's all a matter of strategy who feels what the lawyers think will benefit their client or their prosecution. There'll be motions to dismiss. There'll be motions for the sufficiency of the grand jury. There's just so many different motions that will be made. All of them could be an opportunity for the defense lawyers

to try and push the case, right? And as he always does, Donald Trump, he will get his lawyers to bring frivolous motions. So, Jack Smith will ask that he be sanctioned for making frivolous motions. All of that will cause delay. And so, you know, all of these briefings and motions and hearings and even an appeal, you know, will take time. And if Trump gets anything taken up on appeal, that could be many months set back. And like I said, now there's three attorneys making motions. So then there's the trial itself, right?

How long does a trial? With this trial, the Mar-a-Lago trial take, you know, six weeks, eight weeks, you know, again, now that there's three attorneys, that means three opening statements, three closing arguments, three cross-examinations of every witness. So that's the trial, it's three times as long as if it would be if it was one defendant. And so this case, you know, even if it starts in May, which I don't think it will, like say it gets pushed to June or July, you know, at that point, you know, it's going to be tough to get this to go to trial because the Department of Justice is not going to prosecute a defendant who is a candidate in that election when the early voting in some states start as early as September of 2024. So this is a solid, raw crusher of an

indictment. Read it yourself. It's easy to read. it's not in legal use, it reads like a spine novel. But this is one that frankly, I don't even want this case to go to trial because this is a case that will be in Fort Pierce, right? Fort Pierce, Florida, which by all accounts, went 77% towards Trump. It's a red meat jury jurisdiction and it only takes one juror to hang the trial

despite the fact that this is a rock crusher of an indictment. And Trump will use that to say he's been vindicated. So my money is on in addition to the Stormy Daniels case that the Jan 6 case goes, Jack Smith should bring a streamline indictment with only Donald Trump. He shouldn't throw the whole kitten caboodle onto that indictment. Just indict him with only Donald Trump. He shouldn't throw the whole kit and caboodle onto that indictment. Just indict him on the three charges. Keep it simple. The ones that Jack Smith laid out in the target letter, right?

It's these three charges about interfering with an election, interfering with people's rights to vote, interfering with Donald Trump, you know, trying to stop the certification of the votes. Those are three really strong charges that they are conspiracy charges, so he can put the whole factual kitchen sink in there and tell the whole story the way he did with Mar-a-Lago. But don't have too many charges that he can argue that why throw 100, why, why throw a hundred charges? And that just as a hundred charges that Jack Smith has to prove beyond a reasonable doubt, I never

understood why prosecutors will put a million charges on an indictment. That just more, more elements of a crime that you have to prove beyond a reasonable doubt. Keep it simple, like he did with the, with the Mar-a-Lago case. He didn't indict on 101 classified documents that he could have because that's how many they recovered from Mara Lago. He only did 31 of them. Do that same model with the Jan 6 case. Keep it simple. Only a few charges tell the whole story in the conspiracy talking indictment. And if you do that with only one defendant, there's no classified information issues. It's in Washington, DC, where you have more favorable judges and a more favorable jury pool.

And frankly, Jan 6th to me is more serious of a case because he literally tried to steal the election away from Joe Biden and from the electors who elected him. You can't steal an election and he tried and So frankly that is the goes to the foundation and the heart of our democracy that one should go and so that's what I think will happen I think you're gonna see the stormy Daniels Alvin Brad case will go before the election and the Jan 6 case will go before the election Mar-a-Lago will be put off and Fanny Willis frankly that's not gonna go before the election 6 case will go before the election. Mar-a-Lago will be put off. And Fani Willis, frankly, that's not going to go before the election. That case, we already know that's going to be

a sweeping, huge, huge indictment with a lot of charges and a lot of defendants. And that just logistically won't be able to go for all the reasons we just talked about. So I'm Karen Friedman-Egg-Nifalo. I'm a former prosecutor and I'm a co-host on legal AF. And so this is my best educated guess on what will happen here in which cases will go. Thank you for listening and thank you for being a part of the Midas' movement and legal AF. Hey, Midas, Mighty. Love this report. Continue the conversation by following us on Instagram.

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