Legal AF by MeidasTouch - Trump HIT with Charges HE FEARED as Election NEARS

Episode Date: September 26, 2024

Michael Popok and Karen Friedman Agnifilo host the midweek edition of the top-rated Legal AF podcast. On tap? 1. Special Counsel Jack Smith is about to file his 180 opus of new evidence and arguments... against Trump and to make sure his new indictment in the DC Election Interference Case avoids dismissal; 2. the proud Ohio Haitian community has sworn out new criminal charges against Trump and Vance for their hate speech against them; 3. Alex Jones is about to have all of his Infowars assets auctioned off to pay the families of Sandy Hook Elementary School he defamed and caused emotional distress; 4. A NY appellate court hears oral argument tomorrow on Trump’s effort to overturn the $500 million dollar fraud judgment against him; 4. Judge Cannon has been “randomly” assigned to preside over the would-be assassin of Trump; and so much more at the intersection of law and politics. Join the Legal AF Patreon: https://Patreon.com/LegalAF Thanks to our sponsors: Moink: Sign up at https://MoinkBox.com/LEGALAF right now and listeners of this show get FREE hot rolls in your first box. Trust & Will: Get 10% off plus free shipping of your estate plan documents by visiting https://trustandwill.com/LEGALAF Fum: Head to https://TryFum.com/legalaf or scan the QR code on screen and get a FREE GIFT with the JOURNEY PACK today when you use code LEGALAF Zbiotics: Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout.a Fatty 15: Get an additional 15% off their 90-day subscription Starter Kit by going to https://fatty15.com/LEGALAF and using code LEGALAF at checkout. Qualia: To boost YOUR NAD+ levels up to 50%, Go to https://qualialife.com/LAW for up to 50% off and use code LAW at checkout for an additional 15% off. 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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Starting point is 00:00:34 Earn points on everyday purchases. Use them for that long awaited vacation. Points never expire, so use them how you want. That's the powerful backing of American Express. On eligible cards, terms apply. Learn more at mx.ca. Welcome to the midweek edition of Legal AF with your regular anchors,
Starting point is 00:00:55 Karen Friedman-Nicnifilo and Michael Popok. We got four major topics on tap today at the crossroads of law and politics. What else? First, we're going to spend a lot of time in the district of Columbia, DC election interference case presided over by judge. Chuckin. We got a motion to reconsider by Donald Trump that wasn't even filed that he got denied.
Starting point is 00:01:18 We've got a person trying to intervene to file some sort of weirdo brief. Uh, judge Cannon would have accepted it, but that motion was denied. And then we've got granted a motion by the special counsel to file a 180 page brief plus attachments in order to support his superseding indictment against the Supreme Court's immunity decision. It's about 135 pages longer than usual and Donald Trump hated it, hated the operative, hated the ask, opposed the 180 pages, didn't want any brief filed whatsoever, just wants the judge to immediately don't pass go, don't collect $200, just dismiss the entire indictment. You don't need briefing. Just listen to me, Judge. Promptly dismiss this case. Is that what's going to happen? Or are we going to get
Starting point is 00:02:10 180-page brief tomorrow that Karen and I are going to be able to break down along with all the other legal AF contributors over the next week or so? We'll talk about that more in the upcoming segment. And then in the same week that Donald Trump's would be assassin, who we're going to touch on, is arraigned and is going to be have a criminal case against him presided over by Judge Aileen Cannon, of all people, prosecuted by the US attorney in the southern district of Florida, who's a proud member of the Haitian American community. We've got new criminal charges sworn out against
Starting point is 00:02:45 Donald Trump and JD Vance by a Haitian non-profit organization for violating various criminal laws in Ohio, including for hate speech. Talk about the unique procedure in Ohio that allows for that type of swearing out of a criminal charge and how does that go from that to an actual criminal complaint or indictment? Break it all down with my colleague and partner and friend and former prosecutor Karen Friedman McNifilo. Then a small measure of justice, small, is coming the way of the Sandy Hook Elementary School families who lost their first graders and their teachers and their friends and their children at the hands of a mad gunman in a massacre
Starting point is 00:03:33 over almost 20 years ago when Alex Jones, the disgraced alt-right MAGA podcaster, is being forced by a bankruptcy court to sell at two auctions everything related to Infowars from the intellectual property, the copyright, the name, the website, all the plumbing behind the website, the followers, the equipment, the podcast equipment, everything must go because a judge in Texas says it must. And the money from those proceeds after professionals and lawyers and auctioneers are paid for are gonna go to the families holding a 1.5 billion dollar defamation judgment in two
Starting point is 00:04:15 different cases against Alex Jones. In addition, he should be working for those families for the rest of his life. We'll talk about that measure of justice and how Alex Jones and things that he has said recently that suggest that he has not learned his lesson. And then we're gonna talk about what I touched on before, which is how in the world does the random wheel spin and always land on Judge Cannon for just the wrong cases? We've got the would-be assassin of Donald Trump
Starting point is 00:04:43 being arraigned. She has been assigned to the case. I'll talk about my experience in the Southern District of Florida as a lawyer of practices there and why even though we were like, are you kidding me? There's 11 active judges in the Southern District of Florida. Hasn't always land on canon. And we'll talk about what we can predict is going to happen now that she's got a run-of-the-mill garden variety would-be assassin in front of her of her patron Donald Trump versus what she has exhibited in terms of putting her big fat thumb on the scale of justice in favor of Donald Trump all this time including dismissing his indictment
Starting point is 00:05:21 because she found that Jack Smith is a illegitimate special prosecutor and ill-properly funded. That sounds like a great show. Karen, where are you? Karen, it's an exciting collection of things. How are you doing? I'm great. How are you doing, Popak?
Starting point is 00:05:38 I'm doing fantastic. Good to see you. And we got some news. We got some news. Yeah, really exciting news. I'm so thrilled that you are going to be joining Miss Trial tomorrow and we're going to have a little crossover mashup episode of Legal AF and Miss Trial where it's going to coincide perfectly with this bomb that Jack Smith is literally going to drop in the court when
Starting point is 00:06:04 it comes to the Jan 6 case, which you just touched upon that we're literally going to drop in the court when it comes to the Jan six case, which you just touched upon that we're now gonna talk and go into detail about this 180 pages or at least 180 page of memo that or motion that Jack Smith is going to file with the court. And so I'm so thrilled that's gonna drop tomorrow that you're gonna be there so that we can all discuss it and dive into it and just talk about what it is. Yeah, that's going to be all hands on deck.
Starting point is 00:06:30 We're going to have to go zone defense because 180 pages are going to drop around the time of our recording. And we as seasoned professionals are going to have to divide it up, divide and conquer and so that we can bring it to you the way that we do on Legal AF and on Miss Trial in a way that's both informative, insightful, and kind of our brand of delivery. I really appreciate you inviting me to come on the show. I'm a big fan of you, huge fan of the show. I've had dinner with Miss Trial. Nobody else in America can say that. I've had dinner with Miss Trial recently. And that I think that led to this. And it was a perfect opportunity to come on board. Why don't we have you kick off the segment on DC and catch
Starting point is 00:07:12 everybody up on the DC election interference case. And we're talking a little bit in shorthand because we're so excited about 180 pages being filed and all that. Talk about what it is. Start back in September, September the 5th, the judge sets a very detailed series of briefing schedules that parallel each other to get everything resolved one way or the other so she can make rulings sometime either before the election or at least before the inauguration. And Donald Trump has been unhappy ever since. And hence, all the papers have been filed. Catch everybody up on that. You did a great hot
Starting point is 00:07:43 take on it. And then I'll pick up for some color when you're done. Yeah, so really essentially what's happening, if you recall, is in July, the Supreme Court essentially said that there's this thing called presidential immunity from criminal prosecution and really chastised the lower courts, both Tanya Chutkin, who's the district court judge who's overseeing that case, and the DC Circuit for not doing a fact-bound
Starting point is 00:08:09 analysis on whether or not Donald Trump should be immune for his conduct while he was president and stuff that was in the indictment. And so they created this new test, essentially, because the presidential immunity in the criminal context did not exist before July 1 of 2024 when they created it. And what they did was they created a test and made three categories.
Starting point is 00:08:36 The first category is anything that's a core presidential duty, like something that's in the Constitution, for example. The president is absolutely immune for anything if he's performing one of his core presidential duties. You cannot prosecute him for it, period, full stop. If he, as the commander in chief of the military orders SEAL Team 6 to go kill one of his rivals, he cannot be prosecuted for that.
Starting point is 00:09:02 So that's that category. The other kind of simple, easy category is anything in his personal life. So if he gets into a spat with his wife and does something to her, he could be prosecuted for that. And then the third category, because that's purely personal, it's in his personal life, has nothing to do with being president. And then the third category is this sort of in between stuff, this presumptively immune, but might not be immune category, which is he may or may not be doing presidential stuff.
Starting point is 00:09:36 For example, when talking to Mike Pence at times, he talks to, would have been talking to Mike Pence as the vice president and as president, those he would be immune for anything involving that. But if he were acting as candidate Trump and candidate vice president Pence, or candidate for vice president Pence, then that could be, they could rebut this presumption of immunity and he could be prosecuted. So the Supreme Court basically sent it back down saying,
Starting point is 00:10:07 make that determination and then it can come back up to us and we'll tell you if we agree with it or not and if you got it right or not. And that's what they created. So Judge Chutkin created a briefing schedule and it was unclear who goes first, right? And she decided, okay, I'm gonna let the prosecution go first and file their motion as to why it is that their indictment is
Starting point is 00:10:32 that Trump is not immune for the conduct and the indictment. And don't forget, they superseded the indictment, meaning they amended it or replaced it, essentially, after the immunity decision and took out the things that the Supreme Court said he's immune from and only kept in the things that they said and added some language. They added things like, well, he was acting as candidate Trump
Starting point is 00:10:56 and candidate Pence when he did X, Y, and Z, that sort of thing. And so now the motion practice is happening, and oral arguments, et cetera, is going to happen regarding this new superseding indictment in terms of now the Jack Smith and the special counsel, what they are about to drop tomorrow
Starting point is 00:11:15 is their argument or their brief as to why it is that the evidence and information that's in the indictment, that Trump would not be immune from that and therefore the case should be able to proceed to trial. And so what happened is on September 21st, Jack Smith filed a motion for leave to file an oversized motion because normally the page limit and judges very commonly put page limits in their local rules when it comes to certain types of motions. They'll say, you know, it has to be a certain amount of pages and et cetera. And in Tanya Chutkin's courtroom, it would be 45 pages for that motion. And the reply from Trump would have to be 25 pages, and then Jack Smith gets a sir reply.
Starting point is 00:12:08 So what they did was they said, you know, we essentially need more space. 45 pages is not enough. And they started their application, just went straight into language from the Supreme Court in the immunity decision and said, look, the Supreme Court in the immunity decision and said the Supreme Court emphasized the quote necessarily fact bound nature of the immunity analysis, determining whose characterization may be correct and with respect to which conduct requires a close analysis of the indictments extensive and interrelated allegations,
Starting point is 00:12:38 said Smith. The analysis must therefore be fact specific and may prove to be challenging, knowing for instance what else was said contemporaneous to the excerpted communications or who was involved in transmitting the electronic communications and in organizing the rally could be relevant to the classification of each communication. That's what the brief says. So then he goes on to say the Supreme Court remanded it to this court to determine in the first instance with the benefit of briefing, we lack whether the defendant's conduct in this area
Starting point is 00:13:09 qualifies as official or unofficial. So they essentially said, look, the Supreme Court is the one who said all this. They're the ones saying it needs to be fact bound. And so Jack Smith says, look, to fulfill this remand directive, the government is proposing that they file this opening immunity
Starting point is 00:13:26 brief with a comprehensive description and discussion of both pled and unpled facts, meaning facts that are in the superseding indictment and facts that are not in the superseding indictment. So what they're signaling there is they want to add more facts to the record so Judge Chutkin can make her determination, make this fact-bound determination that the Supreme Court required. They said there'll be a lot of exhibits and you know it'll it's important because they know they have to have a rock solid record that's going to go up to the Supreme Court. They said it'll be extremely helpful to the court, and therefore they want to be able to do this. And they want to file two different briefs, one with,
Starting point is 00:14:17 for the court that has everything, and one that's redacted for the public. So we're not sure how much we're going to get to see. And that because if you remember there was a protective order that Judge Chuckin issued in the beginning of the case for sensitive material that is not going to be able to be publicly filed. So there'll be some redactions, but there should be a lot of information. Well, a couple days later, Trump replied on September 23rd in a panic, frankly. I have no other way of describing what they replied because they were like, this is unprecedented, it's irregular, it's quadruple, and it's fundamentally unfair. They threw out some monstrosity and it's politically motivated. Whenever you make things like that, words like that, you know that if you don't have the law on your side, a lot of times
Starting point is 00:15:17 what defense attorneys will do is they'll harrump their way through and make accusations and you're littering the docket with this unnecessary tome and just all this ridiculous kind of stuff. And Judge Chutkin was not having any of that and really kind of smacked them down in her order when she granted to Jack Smith saying, hey, guess what? We are going to grant the right to file this. And Jack Smith, we're going to let you do it.
Starting point is 00:15:53 And she specifically said, look, in remanding this case, the Supreme Court said that we have to conduct a close and fact-specific analysis of the indictment's extensive and unrelated allegations. And so therefore, I'm allowing it and she really smacked down Donald Trump's motion because she basically said look for the second time in a week the defendant urges this court to reconsider the current pre-trial schedule in a brief intended to respond to a separate issue. Okay, she was supposed to and so,
Starting point is 00:16:26 and without actually filing a motion. So they're saying, look, you're putting irrelevant things in here. You're not filing a motion, you're supposed to be responding to something. And you're asking for things that I've already ruled on twice. And she basically said, look, you know, not happening. And I've already ruled on this. And PS, you only said one line about the issue of expanding the record. The rest of your nine pages was all this other stuff that I've already ruled on before. And so she kind of really smacked them down.
Starting point is 00:16:58 And she said, the incoherence of defendants' demand is revealed by his accusations. You know, whenever a judge basically says your argument is incoherent, you know, they are basically telling you that you're an idiot. So she really smacked them down, but she also granted this request on Jack Smith. So we're going to see a lot of things we didn't know before or a lot of evidence that we hadn't seen before. Yeah, let's talk through that. We're going to pick it up tomorrow on mistrial when we're all together. agree with everything you just said right there not to be repetitive. What
Starting point is 00:17:36 Donald Trump should have done for those out there thinking, what should he have done instead of doing all of his high dungeon clutching of pearls, oh my God, it's 140 pages more than it should have been. I mean, all he did was draw attention to the fact that she needs that amount of pages in order to do the job that she's been given. She was given a task on remand by the Supreme Court. The task on remand is to not just look at the four corners of the indictment, but to put it in context of all the actions to determine whether the activity falls into one of three buckets. Absolute immune,
Starting point is 00:18:11 constitutionally protected Article II conduct of a president, presidential constitutional conduct. That's off the table, absolute immune. You can't even use it as part of your facts of your indictment to prove your case or evidence. Two, rebuttable presumed official conduct that can be rebutted by the prosecutors. How do you rebut it if you don't put on evidence and if you don't put on evidence by way of the first brief, the opening brief that the judges allowed you to have? And third, there's a fall into the category of prosecutable private conduct that doesn't enjoy any immunity at all. There's no other way to do it than with the guidance by the opening brief. The judge already made the decision on the 5th of September and Donald Trump has never recovered.
Starting point is 00:18:58 He's like a baby, an infant in a highchair, and he's throwing his food. Now he's grabbing what's in his diaper. That's all that's left. He has no argument. My favorite part, they should be embarrassed, this fellow bar members, Emile Beauvais and Todd Blanch, to make this argument. There's absolutely no case law that would allow an extra pages in a brief. Are you f-ing kidding me? There's no case law because that is given to the sound discretion of a trial judge as to how many pages. Do they think there's appeals that go up to the United States Supreme Court about the judge should have given 30 pages but not 20 pages on an extension? Are you f-ing kidding me? I've been doing this for 33 years. I can count on many, many hands how many times I've
Starting point is 00:19:43 had to ask for more pages to address an issue not as weighty or constitutional as this one. I often find I need an extra 10, 15, 20, 30 pages more. And if I can't work it out with the other side, I go to the judge. I was a little surprised. They know they're playing with home court advantage and they got the judge on their side, which is good, because they waited till like the very last minute They knew they were at a hundred and eighty pages more than three days ago. The brief is due tomorrow
Starting point is 00:20:15 They filed their brief like three days ago their emergency application for extra time. We have more pages, please What if the judge said no state of 45 then there's a lot of cutting they were gonna have to do this weekend It's past weekend, but they knew where they were gonna get more pages what Donald Trump should have done to do this weekend, this past weekend. But they knew they were gonna get more pages. What Donald Trump should have done is to say if they get 180 pages or some amount of pages over 45, we should get that. Because that would be symmetrical, that would be fair. We don't think it takes 180.
Starting point is 00:20:36 We think an extra 50 pages should be enough with all the exhibits that are not counted as part of the 180 pages. All the evidence that's gonna be submitted, all the new evidence that you and I don't even know about yet that's gonna be aired for the first time to the public. See, that's what's chapped Donald Trump's ass and his lawyers since September the 5th.
Starting point is 00:20:54 That they argued for, we wanna go first with our discovery issues because we wanna make the government look out to be bad guys that they didn't give us all the documents and all our crazy defenses and do that first judge before you even get to the brief. But that's not what the Supreme Court said. The Supreme Court said, do not do another thing in the case before you fundamentally
Starting point is 00:21:11 decide the immunity decision. So she had to do that. And so they said, well, let us go first. It's our motion against the superseding indictment. She says, no, no, I'm going to let the government go first to defend their indictment. Now their supers their indictment. Now they're superseding indictment. And Donald Trump has hated that because it gives the government not one, but two briefs before November the 5th, before the election, to air to the American people and try their
Starting point is 00:21:34 case. Okay? And Donald Trump gets one brief. And the final word is the government. It's not his because in this world, we do three briefs. Opening brief, government, or whoever the party that's assigned the opening brief. Middle brief, opposition. That's Donald Trump. Last brief, reply. Sometimes you get an extra reply. It's called a surreply. It's not happening here. So three briefs. Sometimes you only get two briefs. Sometimes the judge says I'll hear from you and I'll hear from you and that's enough. She has one motion in particular on statutory dismissal, a dismissal of the indictment on statutory grounds where she's only giving two briefs. She's going to also hear the bullshit argument, can I curse on YouTube,
Starting point is 00:22:09 of Donald Trump arguing that Jack Smith should be ignored as a stranger, a drive-by prosecutor, private citizen who just happened to show up one day and start prosecuting the case, a la the cannon motion. The judge has already looked, how do I put this? A skew, a scanced, jaundiced-eyed at that particular motion. She said, well, I didn't think that was very well reasoned, but if you wanna bring it, bring it. And we'll have three briefs and that'll time out again
Starting point is 00:22:36 before the election. So that has bothered Donald Trump. So every opportunity, he has moved effectively for reconsideration, right? I don't like that briefing schedule. I don't like my briefing schedule. I want my briefing schedule. Now he's F'd. That's not really okay. He's AF'd because he's right now technically as of this moment of our live show he's stuck on 45 pages against 180 pages for the government. What he should have said is in the alternative, if you were to grant the 180 pages, then I want the same amount or whatever you give him
Starting point is 00:23:11 we want. But right now he's stuck at 45 and the government has the advantage of 180. So what you're gonna see is Donald Trump with his tail between his legs, sometime between tomorrow's filing and the filing that's due for him in a month. So since you allowed the 180 pages, which we objected to, can we have sometime between tomorrow's filing and the filing that's due for him in a month. So, since you allowed the 180 pages, which we objected to, can we have 180 pages, please? And I think the judge is going to give him a fair ability to respond to the 180 over the 45. The real question that you and I will be able to, this is the cliffhanger for this show, tune in tomorrow to this trial when we're able to really talk instead of shadow box about what's in the 180 pages. My projection, my prediction is it's going to be things that we've seen. I think there's going to be a couple of pieces of
Starting point is 00:23:55 evidence. We were like, oh, snap, that's in there. They have a recording, they have a video, they have that cooperating witness. We didn't know that. But I think it's going to be a lot if you've been patiently and studiously watching this show and the JAD6 committee's work, pardon me, and the tome that they generated of 400 pages, most of it we're going to go, yeah, we just didn't, we didn't see that in the indictment. And the reason to answer the final question in the chat, the indictment has to put the defendant under our constitutional principles, under appropriate fair notice and due process notice of what the charges are against them. And it has to support the elements and meet the elements of the crime. And so you have to make sure you do that, but you don't have to do more.
Starting point is 00:24:46 It can be very skeletal as long as you check that box. It is not a full presentation of the evidence against Donald Trump or any defendant. That is not required. The documents and information that either tend to prove his guilt or tend to prove his innocence have to be provided by the prosecution in our country, but not in the indictment. So even the superseding indictment doesn't have all that, but the Supreme Court has required effectively the Department of Justice to do something that most prosecutors aren't required to do, which is to make an additional showing to support the allegations and show how it fits into those three boxes. I just outlined
Starting point is 00:25:24 it more importantly, to prove to the judge how that happens. Hence the 180 pages. So I am already salivating about tomorrow night and all of us getting our hands on that. I got paper loaded. I got new ink jets loaded in cartridges, loaded into my printer. I am waiting. You and I will be checking and refreshing to check the docket to see when it lands and loads and all That cannot wait
Starting point is 00:25:48 Lastly to last cleanup points before we we move on to our other segments the judge. There was some nutty amicus Drive-by person who wanted to help MAGA again and in Judge Cannon's courtroom should be like that sounds fun Not not only will I grant the amicus brief and let you file it, you can come to court and argue it. We're like, what? Here, Judge Cannon was like, I got this. I don't need at this time.
Starting point is 00:26:12 Judge Shetkin. What'd I say? Judge Shetkin. What'd I say? You said Judge Cannon, it's okay. That's right, that's right. I don't know how I get them confused. Shetkin said, no, I don't need that.
Starting point is 00:26:22 So amicus is gone. And then my favorite part. She also said, and it's highly unusual in a criminal case. Like she, she, exactly. It was like she was calling out cannon to be like, I'm not allowing this. I don't need it. And PS it's highly unusual in a criminal case. And that's the second time Karen that she's done it.
Starting point is 00:26:40 When they on September 5th at the, at the hearing in front of her, when they said, judge, judge, yes, you Trump lawyers, what would you like? Yes, we're going to be raising a motion that was successful in the Southern District of Florida in front of Judge Cannon to dismiss the that guy over there because he was illegitimately appointed under the Constitution and improperly funded. And we think there's very good grounds for that. Okay. Judge Cannon is the first judge in our entire federal jurisprudential history to ever find that a special counsel, special prosecutor is illegitimate. And so she looked at them, and this is my artist rendering, and she said, Yeah, I don't think that that analysis was very convincing. You want to bring your motion? Bring your motion. but you know my view in advance dead on arrival for good reason it's up on the 11th circuit now and it's gonna be brief sometime through September October based on an extension Donald
Starting point is 00:27:31 Trump a Donald Trump did so we're gonna talk about that I miss anything in that segment I mean there's so much more we could talk about it's you know I think that's why we talk offline we go go to the bar, I have a couple of belts and we talk offline about this stuff. So we're going to talk about lots of other things coming up in the segment, we're going to talk about what's going on, particularly in in cannons courtrooms, we love talking about Judge Cannon, we're gonna talk about Judge Cannon, the
Starting point is 00:28:02 would be assassin, we got to talk about what else we're talking about today. Ohio. Oh, Ohio, we got new charges sworn out against against Donald Trump. I got even salty can't keep up with me. So Alex Jones, Alex Jones gonna have to sell info wars. I've told the brothers they should buy the assets at bankruptcy in order to put that out of business and put the money in the pocket of
Starting point is 00:28:23 Sandy Hook people. We'll talk about that offline. We got a lot to talk about. And then we got the things that support the show. I know a lot of people are like, I paid for YouTube Premium. I don't like commercials. If we didn't have our pro-democracy sponsors, let's be frank, we wouldn't be on the air. We love what we do, but there are bills to pay. We have producers and editors and people that support the great content here, our Midas Touch website, our newsroom, and all that work. And so the great thing about our pro-democracy sponsors is they don't know what we're going to say in advance. They know what our show is all about and they love us and they support us and they want to
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Starting point is 00:29:42 around for the initial build of the Midas Touch Network and you're like, oh, I'm going to be the 4 million subscriber. If you want to be in the top 100,000, you can do it this weekend with the new Legal AF YouTube channel collaboration with Midas Touch. I'm curating the top stories at the intersection of law and politics, just the way you've come to enjoy it on the Midas Touch Network. You can find it at LegalAFMtn for Midas Touch Network, at LegalAFMtn. It's all the things you've come to expect in some new shows. I'm going to be doing unprecedented, where we're going to look once a week at everything going on at the Supreme Court from the first Monday in October
Starting point is 00:30:20 all the way through July with a rotating group of contributors. Karen's going to be on as a regular contributor. We're going to be bringing some other people that have never been on any of the Midas Touch stuff, some new faces on there as well. I'll be curating all that for you. Right now, help us get to 100,000 before this weekend is over. We're at 73,000 right now after eight days. 77. I just went on at 77.7.
Starting point is 00:30:43 77 after eight days. I just went on it's 77.7. 77 after eight days. All right. So, you know, it's a pro-democracy channel in parallel to we're not poaching MidasTouch. We're not leaving MidasTouch. That's our brothers. That's our mama and our papa. But this is another place that you can support where you're going to, you're going to be at that crossroads of law and politics.
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Starting point is 00:36:53 They don't tell us what our content is. We don't blow smoke or sunshine and they're just fine with that. So support our pro democracy sponsors by extension that supports the show. Let's pick up Karen Speaking of a turn of events You got this amazing split screen for me about two of the segments We're gonna talk about in the second half of the show. You've got the same week that Ryan Ruth Ralph is being arraigned in front of Judge Cannon as the would-be assassin for Donald Trump and his son.
Starting point is 00:37:25 She was the only judge in Florida? No, we'll talk about that. No, there's 17 in the Southern District, 11 seniors, but there's only three in the West Palm Beach area. And I think one, to answer your question, there's three. There's Robin Rosenberg, there's Don Middlebrooks, and there's Aileen Cannon. The rest of the judges are spread out among divisions from Fort Pierce down to Key West. But I think Don Middlebrooks has gone sort of senior status and he's not taking as many cases, which means it was 50-50 between Aileen Cannon or Robin Rosenberg. I know Robin Rosenberg. She would have been great for it. But at the same time you've got Eileen Canada doing that. You've got on Tuesday the son of Ruth, Orrin Ruth, who gets
Starting point is 00:38:10 picked up on child pornography, running a child pornography ring in federal court in the Middle District of North Carolina, of all things, same time. And at the same time as that you've got new criminal charges sworn out by the proud Haitian community, yes, community in Springfield, Ohio against Donald Trump and JD Vance because they won't stop leaning into their virulent, racist, defamatory attacks on that proud community. And so I want to talk now about Ohio, its unique, I don't really know too many states that allow this, a unique ability for private citizens to swear out an affidavit, the process by which that becomes an ultimate criminal complaint or indictment by a prosecutor and what it means.
Starting point is 00:38:59 Let me do one second of framing on the Haitian American community and then I'll turn it over to you on the Ohio procedure. Does that make sense, Karen? Sure, I actually loved your hot take when you, I watched it and I loved it because you really sort of, you talked about the law and then you played the conduct, you played the clips that proved the case. So, you know, honestly, I think if you just kinda,
Starting point is 00:39:22 you know, walk everyone through it. Yeah, well, cause it was so effective. I mean- I wanna give people also, I appreciate if you just kind of, you know, yeah, well, because it was so effective. I mean, I want to, I want to give people also, I appreciate that very much. I want to give people the right talking points though here to take away the read from this clip. So we've skipped, we always skip a step, not us, but like the media always skips a step about how did the Ohio, how did Ohio, Springfield, Ohio get the Haitian community there? How did that happen? Well, I'll tell you how it didn't happen. There's no border
Starting point is 00:39:50 between Ohio and Haiti. There's no border between Haiti and anything. They're an island. So how did that happen? Right, right. How did that happen? Exactly. How did that happen? Well, it happened for a very good reason. And Springfield, Ohio, proudly put out their welcome mat. And the business and legal community that's well established and proud in Miami, that I'm proud to call friends, including the U.S. Attorney for the Southern District of Florida, who came to this country when he was 16, whose mother worked in kitchens as a dishwasher, who became a naturalized citizen in 1995, who worked in major law. He's not a DEI hire.
Starting point is 00:40:28 He worked in major law firms and became a partner in those major national law firms and clerked for the Florida Supreme Court. That is what are a dignified and humane immigration policy that focuses on beleaguered, downtrodden people like the Haitians that come out of that country. When they come to America, there is a proud legal and business community, and they ran an underground railroad effectively to take Haitians that wanted to work and yearn to breathe free and connect them with jobs that were in Ohio. Springfield, Ohio lost 15,000 workers. I don't know why. I really don't know that town that well after covid and they had factories that were sitting idle and they needed workers. So the
Starting point is 00:41:10 the business community legal community in Miami connected people in Haiti that needed jobs and brought them to Springfield, Ohio to work for the economy for you and me. I don't see the problem except that Donald Trump and JD Vance decided to make them a meme, to make them a talking point, and to attack and to use that as an example of border control policies overrun with Haitians that are eating cats and dogs. So finally the Haitian community had enough. And they said, we're here proudly. We're here under a proper immigration status,
Starting point is 00:41:45 temporary protective status, TPS, which is used by every administration, including the Trump administration, to keep people here where if they go home, it's a type of asylum, they will be killed because the country's overrun with warlords and has hurricane issues and it has resource problems and disease. and so you stay here we'll sort out your immigration status while you stay and work here. What are they doing? Are they sitting in the streets just sitting around waiting for their immigration status to get resolved? No they're working on their TPS in the factories of Ohio. This should have been a beautiful story
Starting point is 00:42:22 but everything Donald Trump touches like like reverse might as touch, turns to crap, right? And turns to a talking point as he tries to mean his way into the White House. All right, Karen, you want to pick up how did the Haitian community, and I mean that in all the good sense, how did they respond in Ohio? And what is this thing, this new criminal complaint that's been sworn out against Donald Trump and JD Bates? Yeah, so look, the individuals, these hardworking people who you just so eloquently described, how they got there and frankly how they are beloved by the other residents
Starting point is 00:42:58 and people who live in Aurora and Springfield, Ohio. And they are getting harassed now because Donald Trump and being attacked and death threats and all kinds of things. And they're afraid to leave their homes because Donald Trump and JD Vance are spreading these lies about them that have been debunked so many times. But they keep saying them and they won't apologize for them and they won't take them back. But essentially Ohio law allows private citizens to bring criminal charges through an affidavit, a sworn statement that under the penalty of perjury you're literally swearing under oath that this is the case. And the statute is Ohio laws 2935.09 sub D. And it's basically you can file it with the court, and the court will determine whether or not
Starting point is 00:43:45 to refer it to the prosecutor. And they can do it on the papers, I think they can, or they have a hearing. And the judge will determine whether or not to send it to the prosecutor, and the judge can issue an arrest warrant. So essentially, the charges are that they were disrupting public service, making false alarms, committing
Starting point is 00:44:11 telecommunications harassment, committing aggravated menacing, and all about this stuff about eating pets and saying they'll be deported to Venezuela, which I don't really even understand what that comes from. And, you know And it's just really offensive what has happened to the individuals here, but I love that Ohio recognizes the right to swear out a complaint if you're a private citizen. And the Haitian community is being abused, essentially. There's bomb threats, et cetera.
Starting point is 00:44:40 And I think it's great that there's self-help there, that they can bring this to court, to the municipal court. And, you know, the judge will look at the allegations, will make sure that the complaint is well written and meets the law and that the facts support the law. And then we'll decide to, you know, we'll send it to a prosecutor who will decide whether or not to prosecute the case. But it's against Donald Trump and Jay DeVante. So it's a great, I think, ability for citizens to engage in self-help. And, you know, when I was a prosecutor, I remember there were so many people who would come forward and be very frustrated that it's really up to the prosecutor. Prosecutors in most places have complete discretion
Starting point is 00:45:25 on whether or not to bring a case. It's not like if someone commits a crime, you have to bring it. There's certain crimes on the books that prosecutors don't ever bring. Things like in New York, there was, I don't even know if abortion or suicide or any of those things are still on the books,
Starting point is 00:45:42 but things like that were on the books for a very long time and prosecutors didn't do that. Other things too. There were cases like marijuana cases, if it was still illegal. We didn't prosecute those, et cetera. And there are cases that are more serious than that, not just charges, but more serious than that,
Starting point is 00:45:59 where prosecutors will say, look, I don't think we have enough evidence, or for whatever reason, we're not going to bring that case. And sometimes people can be a little bit frustrated by that. And what they did was, in Ohio, they allow private citizens to do it. So it'll be interesting to see where this goes
Starting point is 00:46:18 and what happens and whether or not there will be an arrest warrant out for Donald Trump and JD Vance. Another out for Donald Trump and JD Vance. Another first for Donald Trump. First time twice impeached, first time criminally convicted after being president, and first time a presidential candidate has had an arrest warrant sworn out against him during the campaign in the last 40 days. Great job, Donald.
Starting point is 00:46:40 You're setting all the firsts. And you know, I love Stephen Chung, the, the spokesperson, is he a real person or is he a, is he AI? So, uh, seriously, I think he's like AI. I I've never seen him in person. Is anybody. So he always comes out as a spokesperson for Donald Trump. And he says things like, I love this one.
Starting point is 00:46:59 Um, Donald Trump has the right law with JD Vance draw attention to, uh, uh, Kamala Harris has failed border policy, border policy 80 in Ohio, get a map, I got time. Tell me how that's a border issue. That is supposed again, I'm gonna leave it on this. That is supposed to be an example of the immigration policies working well for America, and a dignified immigration policy policy so that we get more people like the Southern District of Florida's U.S. attorney who came here as a 16-year-old Haitian, poor Haitian, and ended up the U.S. attorney nominated by Joe Biden and confirmed by the Senate. And more of that and less of people saying five or 10 years from now when they look at
Starting point is 00:47:43 somebody's resume and they see Ohio and that they're Haitian, did you ever eat a dog or a cat? I mean, come on, it's just, they'll say anything to try to get elected. Again, I think this is them quietly quitting. I think that they're making the closing argument of I don't wanna be president. I think that's what we've been watching
Starting point is 00:48:00 for the last 30 days. Well, if you wanna watch what a professional campaign without misstep looks like, go look at Kamala Harris and Tim Walz. Have they made a false step since she got the nomination two months ago? I mean, it's been almost a perfect and flawless campaign. Hopefully one where we don't take it for granted and she gets the extra votes she needs in Pennsylvania and North Carolina, and Georgia, and she wins the election. So let's continue, we're on a roll Karen, let's continue and talk about Alex Jones. You want to lead off because you always have a certain way, especially when we're talking about children and the massacre at Sandy Hook Elementary School and what
Starting point is 00:48:39 Alex Jones did about it as a 9-11 denier, a Boston massacre denier, and in the most depraved sense, a Sandy Hook Elementary School massacre denier. And what's happened since with the bankruptcy court judge and the $1.5 billion judgment? Yeah, so look, Alex Jones, the Infowars guy who, you know, is essentially, uh, says lots and lots and lots of lies and offensive things on info wars. After Sandy Hook, the Sandy Hook massacre, which was so horrendous, where I think it was one teacher, one police officer and eight children were killed. It was so beyond horrifying that. No, it's worse.
Starting point is 00:49:22 It's 21 children and six educators. Oh, God. I didn't mean to interrupt you, but- No, it's worse. It's 21 children and six educators. Oh, God. You know, I didn't mean to interrupt you, but I'm glad you did. I'm glad you didn't want to undersell what happened. Yeah, yeah, yeah. No, I'm glad you did. I won first graders. You know what?
Starting point is 00:49:34 Unfortunately, I'm thinking of a different school mass curator, which, you know, I'm embarrassed that, you know, in our country that that I would mix that up. But, you know, in fact, I actually had one of the moms who, if you remember, on Legal AF and interviewed her, who lost a child in Sandy Hook. And, you know, just the agony that these parents went through having lost these children and, you know, having this horrendous massacre happen is just unthinkable and unspeakable. And the pain that she felt
Starting point is 00:50:14 was really incredibly palpable. And she's one of the moms who confronted Alex Jones in this case, if you remember. And so that's why I thought it was really interesting That she came on the show and talked about what it was like to confront him because on his show He denied that the Sandy Hook massacre occurred. He said that they were actors that that everybody was fake that the kids didn't die and she was and and they sued him for defamation and She was one of the moms who was able to confront him
Starting point is 00:50:45 during the trial. It was a damages case because he was held in the judge. He essentially refused to comply, refused to provide documents that he had to and discoveries. It was held in contempt multiple times. The judge finally, as a sanction, ordered him, you know, it just basically found that he was liable as a sanction, which, you know, so interesting in civil cases when you hear that judges can do that, you know, it's very different than criminal, obviously. There is no sanction of finding someone guilty. You have to still prove your case beyond a reasonable doubt.
Starting point is 00:51:17 But so it was just a damages case. It went to the jury and to prove damages and they ordered, I think it was like one over a billion dollars, like $1.5 billion. Anyway, so Alex Jones immediately files for bankruptcy so that he doesn't have to pay these victims. And in fact, he actually, after it was ordered, went on his show and said, they're never going to get a dime.
Starting point is 00:51:42 I mean, he's just the worst of the worst, frankly. And these families want this money from him to punish him. This is a way to get justice for them. I mean, obviously nothing will replace the loss of their children. But he shouldn't get away with benefiting from all of this. So he filed bankruptcy. And I have a question for you
Starting point is 00:52:04 because the judge has ordered the bankruptcy judge to auction off all the businesses, the assets, the social media accounts, copyrighted materials, trademarks, all that stuff, it'll all be liquidated, the studio equipment, etc. But my question is this, if what what is the value of info wars, if he just says, well, I'm not gonna I'm not gonna do it anymore. Why would anyone pay money for it? Like, why would his why would anyone pay anything for it? What can't he just quit and say, you know, because without him, what is it
Starting point is 00:52:38 worth? Yeah. So how does that how does that work? Because I could see him saying, I'm not going to work for these families. No, no, he's not going to work for them. There's really three things up for grabs with Alex Jones. He filed two bankruptcies, one on personal bankruptcy and one related to Infowars, which is also known as- Free speech or something. Yeah, I was going to say, as another Orwellian term. Orwellian term, free speech systems is really the name of it, AKA or DBA, Infowars. So let's all back into it.
Starting point is 00:53:07 He's got $9 million in cash as part of his bankruptcy that's going to get liquidated and going to get a lot of that. It's going to give it over to the families of Sandy Hook, who hold the $1.5 billion judgment. He's got another in the business side, he's got another million and a half of vitamin supplements that he was hawking. Also, that will somehow be liquidated by a trustee and the proceeds given over after it goes through this waterfall of professionals that get paid, unfortunately. I mean, I say unfortunately because I'm a professional in this world sometimes. They get paid.
Starting point is 00:53:40 They don't work for free. Sometimes they do, but they're not working for free here. And so the money, then the net proceeds go to the families. The last thing is is hardware and of the info wars Channel podcast and then the intellectual property the hardware is of course tangible microphones cameras lights And all of that and somebody's gonna buy it because you know lights and all of that and somebody's gonna buy it because you know they'll use it for their podcast or their equipment and I don't know we'll look at
Starting point is 00:54:09 the inventory list maybe we'll help the families of Sandy Hook maybe we need a camera or a or a lighting a lighting stand or something and that that all gets sold at an auction there's gonna be two auctions one in November one in December and in the December auction I think it's the lighting equipment and the cameras and somebody will buy it and that money will come in at 100,000, 200,000, 300,000. And then that'll go through the waterfall and the money will go be allocated
Starting point is 00:54:32 in some sort of pro rata way to the families holding the judgment. Now you've got the thing you've asked about which is the intellectual property. You can always buy a brand. Doesn't come with the person. You can buy many, many brands. Things have gone out of business in the pro-democracy world, where we've thought about maybe we should buy that.
Starting point is 00:54:53 The reason you want to buy that is so if you're aligned with the politics, alt-right MAGA of Alex Jones, you buy it so that you can have it as a beacon to direct traffic to your thing. So you reopen the website, you reopen Infowars, you use it as a brand that you put on something else with somebody else, but you think there's goodwill in that brand that's worth in your world, in your QAnon, let's be honest, dark webby world, it has value, not to you and me.
Starting point is 00:55:30 So there's that group that's like, ooh, we want Infowars, that's a great brand. We'll use it, forget Alex Jones. Although Alex Jones has gone on record as saying, hey, buy all my intellectual property, I may work for you. I mean, which is really a disgusting thing, but there'll be a group that will consider that. Or like, well, we don't want Alex Jones and his baggage, but we do like
Starting point is 00:55:48 the 2.3 million people that have gotten used to clicking Infowars badge. So that gets sold. The other group of people are the people like I only half-joked, I'm not joking, about pro-democracy groups buying it to mothball it and put it out of business forever. So we never have to see Infowars ever again. And no one will ever be able to use it. mothball it and put it out of business forever. So we never have to see Infowars ever again. And no one will ever be able to use it. They'll own it and it'll just be buried in a vault somewhere, never to be seen again. It should be burned.
Starting point is 00:56:15 Burned to the ground. Exactly. I'd like that to happen. You know, it's like when you buy that house for the massacre app and you just level it, you know, like they did with Sandy Hook Elementary, now it's a Memorial, same thing here, but intellectual property side. I don't know which way it's going to go. For the families, I just want it to go to the highest bidder, to be honest with you, because it'll put money in their pocket. If there's a bidding war among QAnon,
Starting point is 00:56:35 as perverse as that sounds, the winner is, I mean, they'll, they think they're winning, but it'll, it'll put money in the pocket of people that suffered ultimately. I guess it helps Alex Jones pay down to 1.5 billion. The last thing, the last piece is, he should be working for life, thinking of working for Alex Jones, because his wages should be garnished until he pays off the 1.5 billion dollars at some percentage. So if he in a weird perverse way, just like the OJ, just like Nicole Brown Simpson's family wanted OJ Simpson to kind of do okay, as long as he didn't hide his assets before he died, because they would get, they would get sort part of that autograph signing and that memorabilia bullshit. And if he did a podcast, they sort
Starting point is 00:57:20 of want Alex Jones to keep working just like the creditors of Rudy Giuliani, the $148 million judgment against him by Ruby Moss and Shea Freeman. They want him to succeed in a perverse way, continue to spill lies and spout lies and make money on a podcast because they want a piece of it. So it becomes a very strange ecosystem that gets developed around somebody that owes money, especially when they make money in this QAnon MAGA world. Did I address this properly? Yeah, no, you did. It's such a weird thing that I just, because, you know, he's so evil, to me, I could just see him not working ever again, in order to not give them anything like out of spite, you know, it just, I don't know the whole thing that anyone who can do what he did and absolutely just deny that that this happened,
Starting point is 00:58:13 you know, it's like adding insult to injury and pouring salt on it, you know, like, I just can't imagine how painful and awful that is. And, you know, and it's not just him saying it, people then all the QAnon crazies then would react and go after the families, you know? And like you're grieving the loss of your child and you have to deal with this. It's horrendous. It's absolutely horrendous.
Starting point is 00:58:36 And, you know, the fact that he doesn't have to go to prison for causing that kind of pain is just you know makes no sense. I think And the problem is the shooter Adam Lanza Didn't go to prison so you can't you can't bring him out to say what is he talking about? I shot all those children because he killed himself. Yeah, there were no survivors of the massacre Anybody that he touched or on the other end of the gun died And he shot his mother for good measure. Just a disgusting, horrible story made worse
Starting point is 00:59:09 if that is not possible by somebody like Alex Jones. So speaking of people trying to get out from under their judgments, that's a good segue. I just want to touch on a sort of a viewing guide and we'll be covering it on the Midas Touch Network and on the Legal AF YouTube channel. We've got an oral argument tomorrow on the trial, the Trump trial schedule at noon tomorrow at the intermediary, the second, the first level appellate court in New York State Court
Starting point is 00:59:37 involving the New York attorney general successfully getting a $465 million, now $500 million with interest judgment against Donald Trump because he perpetuated with his family for years, for more than 10 years, a fraud, a persistent fraud in New York and the operation of his business. Remember that one, everybody? That happened right around the holidays last year. Judge Angoran presided and there was no jury for many reasons, including Alina Haba didn't ask for a jury I don't think she was entitled to one but she could have asked and it would have given her at least an appellate record and she didn't do that and after listening to weeks six weeks of evidence and witness upon witness and
Starting point is 01:00:15 even Donald Trump testified did a closing argument sort of in his own case the judge after finding Donald Trump in contempt for other reasons listened to all the evidence listen saw the thousands of pages, mountains of evidence. And found him to be not credible. Found him to be not credible. And also after seeing mountains and mountains of evidence in the courtroom, right?
Starting point is 01:00:34 And all the dozens of witnesses all against Donald Trump, including people that work for him, that ran the money flow in this fraud case, ruled against Donald Trump, done. That is a- Including Michael Cohen. He found Michael Cohen to be credible and Donald Trump not to be. Right. I find Michael Cohen to be credible, especially on these issues. I mean, who knows where the bodies of money is buried in the Trump organization more than Michael Cohen
Starting point is 01:00:57 for that period of time. So that's what happened. So then it was briefing. It went over the summer because the courts take the summer off, August off at least. The oral argument is tomorrow at noon. I don't know quite who's going to be arguing it. It could be Chris Keiss. We haven't heard from Chris Keiss in a long time. Could be, are they going to dust off Alina Haba and like Westworld bring her out of the closet and push her up to the podium? I don't know. My guess is it's Chris Keist. I want to hear what you think. And they're going to be arguing. And I know there are some people in New York that are a little bit nervous because, just as a reminder or new information
Starting point is 01:01:34 for our audience joining now, when Donald Trump was having trouble finding money to post his bond in order to stop the $465 million judgment from being enforced against his assets. He had to post a bond. He said, I can't get four hundred sixty five million dollars. I'm all tapped out. I got a hundred million that's posted over there for each in Carol and the sex assault I did on her and the defamation impugnitive damages case. And I can't get it. I can't get a sherry to give me that much money. So he went crying to the same court, not the same judges, but the same court. And the judges said, all right, I mean, this is my artist rendering. All right, your name is on every building. You got a monitor, a financial monitor, and a federal judge who's been sitting on your assets and all your money flow for the last two years.
Starting point is 01:02:20 We know where you live. Put up 175 million. So people are like, oh no, they're gonna reduce the judgment to 175 million. That's not how I read that at all. It's what I just said. His assets are everywhere. He's got a monitor. If there wasn't a monitor in place and there was a fear that he was gonna like
Starting point is 01:02:36 leave the country, I guess, they would go like put up a bigger bond. But even there's enough security that if she wins, the Letitia James, the attorney general, and this is on appeal here and then at the highest court in New York, which will ultimately be the court of appeals.
Starting point is 01:02:52 If she wins, she knows how to collect the money. She'll send the sheriff. It's also because the people of the state of New York and the attorney general who know what they're doing are the plaintiff. So they're not that worried that a Letitia doesn't know how to go send the sheriff down to put a padlock on Trump Tower. They do. So I think that all went to the
Starting point is 01:03:10 mix. There's some fear among friends of mine, including former judges, that they're a little concerned about how Judge Angoran applied that statute, 63-12, the persistent fraud statute, and whether he followed perfectly the prior rulings of the appellate court about how to determine which of the fraud, which of the transactions are within the statute of limitations that the case needed to be filed within, and which aren't, and how to value certain things. I didn't really think that. I thought after I read the attorney general's, the appellate court's original ruling, I thought it was mapped on pretty well onto the judgment.
Starting point is 01:03:51 But we're gonna do, I think, a live feed tomorrow of it. We'll certainly have the ability to talk about it, maybe even on this trial. That might be something else, Karen, you might wanna put that on your list. Because we're gonna have the oral argument. I'd love to see who's gonna argue it. What do you think's gonna happen tomorrow
Starting point is 01:04:03 and who do you think's gonna argue it? I mean, honestly'd love to see who's going to argue it. What do you think is going to happen tomorrow and who do you think is going to argue it? I mean, honestly, I have no idea who's going to argue it. You guys did a really great on Unlegally AF Saturday, your comments about Alina Habba and her, I think you called it soft porn. She's going through this phase of posing in these really- Glamour shots. Yeah. These just, I mean, she's supposed to be a lawyer. So I don't know, she seems to be not in the lawyer world. She seems to be more in the some other PR world. But who knows? And I don't think she I mean, I think it's I think it's probably going to be Chris Keis that that makes much more sense. He was
Starting point is 01:04:41 he was more the grownup in the room than she was during this case. So I could see that being the case. And look, it'll be very interesting because they could do multiple things. They could reverse it. They could reduce the judgment. They could narrow the findings. I mean, they could, you know, there's lots of things they could do. And so it'll be interesting to see how it goes, you know, and to see what issues they think are significant and which issues they don't.
Starting point is 01:05:17 I mean, look, Judge Nguyen is definitely a colorful character. I thought he did a really good job at giving Trump, because it was not a jury trial, he really allowed a lot of things to happen that normally, if there was a jury there, I don't think he would have allowed. And he gave Donald Trump a pretty long rope
Starting point is 01:05:42 to do what he wanted to do. So in that regard, I think there's a, that's going to be very hard for them to, to reverse the case. Could they narrow it? Perhaps. Yeah, I agree with you. I, I think to judge and Goran's credit, they kept Barbara Jones, the retired federal judge in place as the financial monitor. So she's been there all along. And Donald Trump was jumping up and down, back in his high chair, throwing his feces again
Starting point is 01:06:12 against the wall about anything that happens in that case. They're not going to win on Judge Angaron was biased against us. Judge Angaron was improperly co-judging the case with his law clerk. The law clerk is out to get us because she ran for office herself. Or the BS raised again about judging Goran's wife,
Starting point is 01:06:31 which is untrue. It's a Laura Loomer special, never happened, that she was anti-Trump and posted photos of Trump in orange jumpsuits and shackles. All of that, none of that is true. Their only main argument that is somewhat interesting and relevant to their appeal is taking the judge, taking the order from the appellate court from last year, which is the reason Ivanka Trump is no longer in the case. People remember she was
Starting point is 01:06:57 in the case, then the judges there said, her transactions happened before 2017, that's outside the statute of limitations. See, the, Letitia James did a methodical job of getting her facts together before she exercised her prosecutorial discretion to bring the case. But by doing so and not getting what's called a tolling agreement to stop the clock with the other side, she lost some of the transactions that got stale. Because there is a statute of limitations in New York for fraud and it kind of fell off. Usually I've been involved on the other side, so have you, Karen. You've been involved on the prosecutor's side where you go to the defense lawyer and say, yeah, we're going to indict you tomorrow unless you agree to a total agreement.
Starting point is 01:07:36 And like give me another year. Like, okay, I'll give you another year. Now, sometimes you call the bluff. You're like, no, no, no, we're not going to give you the total agreement. You want to indict? Indict. She wasn't ready. She wasn't ready to bring the complaint and she knew she was going to lose some, but not all. A small portion of her actual facts and it may be Luz Ivanka. So, that'll be that. We're going to talk. We're going to know more tomorrow. I mean, we're right now, we're spit balling a little bit about what in good faith we think is going to happen, which is what I think people like for us to do on this show. And when we come back from one of our breaks, we're going to talk about Judge Cannon. We'll end the show talking about we're back to Cannon. It's been Cannon all along.
Starting point is 01:08:14 And somehow fate has put us back in her courtroom. And we're going to talk about the differences I'm sure we're going to see between how she treats this guy and how she treated Donald Trump and the Department of Justice. There are many ways to support the show. As a reminder, let me just, let me count the ways. One, watch the show. Audio versions of the show. Also good. Download those, listen to those, follow those.
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Starting point is 01:08:53 You'll find all the legal AF stuff with all the logos I'm gonna work with Karen and Jordy on a refresh of that Maybe some baseball caps some beanies some longsleevers, you know, we'll do some stuff in there But that's my way to do it. Then we've got, we can't do a counter, like they did on Legal AF on the Midas Touch Network. And I got a bone to pick with those brothers because they turned the odometer on 3 million during our show.
Starting point is 01:09:18 And rather than give us credit for helping to drive that odometer and contribute to it, they ran their own show at the same time as ours. Like, hey, we're about to hit three million. I'm like, yeah, there you are, aren't you? So here's an opportunity to celebrate. Get us to 85,000 new subscribers total, or even 100,000 on Legal AF MTN channel,
Starting point is 01:09:41 Legal AF MTN channel. Go there now, it's a parallel companion channel along with Midas touch but help us right now. You could be kicking yourself You're like I didn't get to be in the first hundred thousand of Midas touch Okay, be in the first hundred thousand of legal AF MTN We'll appreciate it try that and you'll get all new content over there that you've come to love and enjoy and of course We've got mistrial Which is a new new hot podcast executive produced
Starting point is 01:10:08 by Karen Friedman at Niflo, along with her friends and colleagues, partners, Donya Perry and Kathleen Rice. I had the distinct pleasure of having dinner with the entire day of Miss Trial. And now as a result, I'm gonna be on the show tomorrow. With them, I'm gonna be the fourth wheel. I'm gonna be the, like the Marx brothers, I'm gonna be the fourth wheel. I'm gonna be the like the Marx brothers
Starting point is 01:10:26 I'm gonna be the Zepo for those that are old enough to know who the that that last brother was that nobody really paid attention to That's gonna be me tomorrow on mistral and now we've got the thing that Jordy has spent Considerable amount of his time on is putting together and curating our pro-democracy sponsors And now we've got another way for you to support the show, which is to support our sponsors. And here we go. Let's face it, after a night with drinks, I don't bounce back the next day like I used to.
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Starting point is 01:16:36 slash legal AF. Oink oink and welcome back to legal AF Biddy Week edition with Karen Friedman, Aglifalo and Michael Popock. It's been Canon all along, Karen. We're back with less than 40 days or so to the election. Back in Judge Canon's courtroom, as you went to paraphrase you earlier in the podcast, is she the only judge in the Southern District of Florida? Or to paraphrase salty, our producer during a text exchange,
Starting point is 01:17:05 is there a magnet on that random wheel? Why does it keep landing on Cannon? I'll do the Southern District of Florida thing because I'm a Southern District of Florida lawyer. And then you can do the what happened with Cannon thing and contrast it to what happened with Cannon was presiding over another infamous defendant by the name of Donald Trump.
Starting point is 01:17:25 Okay, here's how random selection is supposed to work. The Southern District of Florida, unlike some other places, smaller states, there's like one district court. Bigger states have more than one district court. Small states may have just literally won the District of Connecticut. Like this is like one? Or some other places.
Starting point is 01:17:45 But larger states like Florida have a Southern District, a Northern District, a Middle District, and a Southern District. And within those districts, there may be divisions. Depends on how big the district is. As everybody knows from geography and from maybe driving, Florida is a really long but narrow state, right? It's very long and narrow.
Starting point is 01:18:06 So it's divided into, at the southern district, it starts at Fort Pierce, which is about an hour-ish north of West Palm Beach and Palm Beach County, and it goes all the way down to Key West. But along the way there are divisions. There's the West Palm Division, talk about that in a minute. There's a satellite in Fort Pierce, which is staffed by one judge, her name happens to be Aileen Cannon. There's three total judges in the West Palm Beach Division, Cannon, Rosenberg, and Middlebrooks. Then you go down the 95 and you get to Fort Lauderdale, where there's four, actually I think there's now five in Fort Lauderdale, five judges and the rest of the 17 or nine of active judges non-senior status are in Miami. And I think there's one in Key West or one in Miami does Key West, one of the two. And so when
Starting point is 01:18:59 you file your civil cover sheet or criminal cover sheet, which is the way you start your indictment or your civil case. In federal court, they handle both. You go to, in good faith, the jurisdiction that is closest to the event or maybe the defendant or the plaintiff, depending upon the case. This case, a criminal case where the crime happened. The crime for the would-be assassin was Palm Beach County, where the golf course was. So you go to the West Palm Beach Division clerk's office or you do it online and you check the box for West Palm Beach. You then have a random wheel of three. This is not a related case. It's not why Cannon got it.
Starting point is 01:19:38 Sometimes if it's a related case, you check the box for a related case because Trump happens to be in the courtroom. That's not why. It was supposed to be random. But I think one of the three judges, Don Middlebrooks, is not taking a full docket. He's kind of pushing the age of retirement or senior status and I think he's not, yeah, I think he's not doing it. Or maybe he recused himself, to be honest with you. You know, he had his own case with Donald Trump and he may have recused himself. But if, whether he took less cases or he recused himself, the bulk of the cases now in West Palm Beach
Starting point is 01:20:08 or Fort Pierce go to one of two judges, Cannon or Rosenberg. Sure, we would have liked for it to land on Robin Rosenberg's number, but frankly, it's making for a much more interesting hot take and a podcast than it landed on Cannon's number. All right, it's with Cannon. Take it from there, Karen. Well, I mean, he was arrested and charged.
Starting point is 01:20:32 He was indicted. There's a five count indictment. He was indicted for an attempted assassination of a major presidential candidate, for possession of a firearm and furtherance of the crime of violence, for assaulting a federal officer, a Secret Service agent, while intending to commit another felony, and a felon in possession of a firearm, and then fifth, a firearm with an obliterated serial number.
Starting point is 01:20:54 So those were the charges. And, you know, the allegations are that he was camped outside of the golf course for hours and hours and hours with a rifle that he pointed through a chain link fence and stalked the president for more than a month. They even looked at his phone records and triangulated cell phone data and placed him at the golf course and at Mar-a-Lago for many, many days, including the day he was arrested. So it was a little bit the day he was arrested. So it was a little bit scary that somebody could do that and go undetected, especially because of all the security
Starting point is 01:21:33 around Trump and the prior attempted assassination. And interestingly, Donald Trump's first reaction was to have this case, he doesn't want the DOJ handling it. He was like, give it to the state of Florida. He's so anti-DOJ, he's so anti-federal prosecutor in Merrick Garland that he literally said, give it to the state of Florida. They should handle this case. It should not be with the Department of Justice. I mean, it's just out, the level of just disrespect and disregard and contemptuousness that he has towards our institutions, including our federal prosecutors
Starting point is 01:22:14 who, you know, and our Department of Justice is just utterly outrageous. So that's what he wanted. But Merrick Garland really responded appropriately, made some very strong statements, essentially, you know, condemning the conduct to saying how serious it is, and that they will certainly seek the cooperation of the state officials, but that the Department of Justice is handling this case. And so it gets assigned, as you said, to Judge Cannon. And, you know, Mr. Ralph got arraigned and, um, now he's facing life in, in prison.
Starting point is 01:22:49 I don't think he's ever getting out. No. And I, and I learned something new that I didn't know. I didn't realize he was a former felon. And so he got charged with, you know, having a gun as a felon, you know, filing off the serial number off a gun. You know, they found the note when they were the note when they were also looking for the child pornography on the Galaxy tablet by the sun, they also found the note where he said, yeah, I wanted
Starting point is 01:23:12 to kill Donald Trump and all of that. And let me just make this clear, just so we can stop with the conspiracy theories. There is no one on this side of the aisle that wants to live in a world where any political candidate or leader is subject to having his head blown off. I mean, I lived through, I mean, I was a student and learned about, of course, Martin Luther King and Medgar Evers and RFK and JFK, but I was a young adult. And so were you Karen during the Pope getting winged, Ronald Reagan, the same thing, Ford twice. I mean, it happened so regularly that I just thought that was normal, like for that to happen. And then we had this long stretch where it didn't happen.
Starting point is 01:23:59 And we liked that. We want to win at the ballot box, right? Not the bullet box. And nobody on this side of the aisle believes that anything that's on display is more than a mental health problem. That's why the Harris and the Biden and the Harris administration continued
Starting point is 01:24:14 by Kamala Harris is so important because they put so many resources into reducing gun violence and to reducing the murder rate by extension because 80% of murders are committed with a gun, by setting up a White House office devoted to gun violence and investing money, putting their money, our money where their mouth is and their policies are,
Starting point is 01:24:35 to invest in mental health treatment for young adults and others, those more likely. This guy was sort of a little bit atypical for a serial killer or or assassin, but not by much. But because of that investment and that focus, we just got the FBI report, the official report, the one that Donald Trump claimed didn't exist or had been fudged, in which all crime is down year over year from last year because of the Biden Harris policies
Starting point is 01:25:06 and violent crime is down by double digits and murder rate is down by 11%. And in major cities, all the major cities and all cities with populations more than a million all included in the analysis. And there's a cause and effect, there's a reason for it. It's because of the executive laws, the policies, the new cabinet level position,
Starting point is 01:25:27 Kamala Harris's approach and focus on it. And now you see it's showing up, fortunately, in our daily lives. While Donald Trump is running around saying, with posts saying, see, the cost of salmon is up 47 cents. Yeah, but the murder rate's down 12. You saw that JD Vance was at a grocery store talking about the cost of eggs gone up and saying it was like $10 or whatever it was. But meanwhile, there's a sign behind him that said 299
Starting point is 01:25:53 for the eggs. I mean, it was like ridiculous, you know, on that note, Donald Trump ran in his own social media, where he said eggs were 499. Yes, there are I've been to Whole Foods. There are 499 eggs, I've been to Whole Foods. There are $4.99 eggs. I just don't buy them. There are other ones right next door that are back where they need to be. Well, how about Donald Trump? How about the performative art piece of Donald Trump digging out a $100 bill and handing it to that lady who even laughed out loud about it and handed it to her in the grocery store? So here you go. Here's a little help. It'll get better when I'm in the White House.
Starting point is 01:26:26 What about all the other people in line? A hundred bucks? This is like those pictures. I don't know if we can solve it, we can find it in time. He's probably ready to kill me. Where he took rolls of toilet paper at the hurricane in Puerto Rico
Starting point is 01:26:38 and threw it at people. Remember the rolls of- I think it was toilet paper or paper towels? I can't remember what it was. Paper towels or toilet paper. Yeah. He's throwing it. Here you go. Here's how I help. You know, let me get back into my black limo. I mean, it's just the you know, to paraphrase the great JD Vance, the philosopher, he's an out of touch billionaire,
Starting point is 01:26:58 that people should not follow for their daily pocketbook decisions in life. And yet here we are. And here we are. And the one thing I wanna say about you, there you go. Look at Salty. Paper towels, yeah, look at Salty. There's gonna be something in your stocking at Christmas.
Starting point is 01:27:15 You know, just to go, you know, it's interesting because people sometimes will say, oh, you know, numbers are fudged and, you know, statistics are fudged. The one thing you can't fudge is a murder rate. And that's because there's a body. Like, you know, sexual assault are fudged and statistics are fudged. The one thing you can't fudge is a murder rate. And that's because there's a body. Sexual assault has to do with reporting, right? And that sometimes it's hard to know, like, are they up or are they down? But when it comes
Starting point is 01:27:36 to murder rates, it is absolutely indicative of the health of a community and the health of society and the health of just all the policies because there's no one thing that is responsible for violence and for murder rates, right? It has to do, if people are getting the mental health treatment they need and living a good life and not addicted to drugs and can afford to live in a nice house and all of that. They tend not to do things like commit violent crimes, right? And so, it's not just policing. And sometimes people think, oh, it's just because it's a good police force and a good prosecutor. And I was a prosecutor for a long time, and I'd love to be able to take credit for that. But it's
Starting point is 01:28:21 not. It's really how healthy is the economy? How healthy is the community? And so with violent crime going down, and like I said, it's hard to fudge those numbers because those numbers, when you have a dead body and it's a murder, it's a murder. That's a pretty good number that you can gauge. You can sort of gauge and tell if crime is up or down. And the FBI does collect that. And so I just wanted to put a fight, because sometimes people say, oh, I've created all these jobs, or I have all this money,
Starting point is 01:28:51 like all the statistics that politicians kind of bend and use to their advantage, and they kind of leave out some and add others, and they really fudge numbers. Violent crime and murder, especially murder rates, that you can't fudge. So I just think I wanna just underscore what you said, Popak, about what that says about Biden and Harris
Starting point is 01:29:12 and what they've done for the various communities and supporting various communities around this country. And the fact that those numbers are down is a huge, huge indicator, I think, of the health of this country. Yeah, you're right. It's not, it's not, it's beyond the margin of error of the error rate for the statistics to go down 12, 11, 12% year over year. Yeah, that is a reflection of policy. And that's what this election is all about. Lots of things are on the ballot for this election.
Starting point is 01:29:46 this election is all about. Lots of things are on the ballot for this election. Besides just Vice President Harris and Trump, our Constitutional Republic, our rule of law, women's rights to be restored to first class citizenship in this country, reproductive rights, the Supreme Court, they're all on the ballot. They're all on the ballot. And we appreciate you being with us here for another, as part of your journey, being part of our journey, right here on the Midas Touch Network and on Legal AF. We've had a great group of sponsors. We've had some amazing, I get to chat with one of my favorite people at least once a week, usually more than that. And I'm going to be on crossover episode alert. Do we have a graphic for that? Crossover episode alert. Do we have a graphic for that crossover episode alert should have a sound effect for that salty salty Is working over
Starting point is 01:30:32 You with the sound effects tomorrow night. I'll be joining the mistrial anchors on Mistrial and and I'll however way they'll have me on whatever segment. They'll have me will certainly do that and and I think we're getting close 85,000 subscribers To the new legal AF MTN channel legal AF MTN. There you go. Go get us be the 85,000 person to join be the hundred thousand person You know what since we talked since you said it earlier, it was 77.7. Yeah. Now it's 78.4 thousand subscribers.
Starting point is 01:31:08 We went up by a thousand since we started the show. This group, this group I know can do it. It's in collaboration with MTN, obviously, and help us with that pro-democracy journey over there on Legal AF MTN. Other than that, Karen, you got a last word? Just hit the subscribe button to the Legal AF YouTube channel, we got to get that number up. And get Mistrial, watch Mistrial, tell your friends about Mistrial crossover episode tomorrow.
Starting point is 01:31:38 So until our next Legal AF, next Wednesday and Saturday, you might see Karen, well, one last thing here. Another, get that bell ready. We might have Karen on with us on Saturday because Ben had and his wife Sochi had the baby. Yeah. The Midas maternity ward is working overtime. Jordy had his son.
Starting point is 01:32:03 I had my daughter. And now Ben and Sochi had their daughter. Healthy, happy daughter. We'll see. I mean, you know, we'll see if he comes on the network on Saturday, we'll see. But if he doesn't, you'll see Karen Freeman-Cnipla hopefully with me on Saturday.
Starting point is 01:32:17 So until our next Legal AF Signing off, shout out to the Legal AFers and the Minus Mighty.

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