Legal AF by MeidasTouch - Trump LEGAL MESS Gets WORSE as Election CLOSES IN

Episode Date: October 31, 2024

Michael Popok and Karen Friedman Agnifilo host the midweek edition of the top-rated Legal AF podcast. On tap? 1. Comparing the "closing arguments" of VP Harris and Donald Trump, comparing the hate filled Madison Square Garden "rally" with the hopeful message of the Ellipse speach; 2. the Supreme Court sticks their nose into this year's election and voting rights again; 3. Judge Cannon refuses to disqualify herself from a Trump related case despite being offered a job as his Attorney General and what it means for the Mar a Lago criminal case against Trump in the future; 4. Justice is served two ways -- Steve Bannon is facing 5-10 years for money laundering and conspiracy in a NY courthouse on 12/8 for crimes that even Trump can't pardon; and Paul Pelosi's attacker gets life in prison; and so much more at the intersection of law and politics. Subscribe to the new Legal AF channel: https://www.youtube.com/@LegalAFMTN Subscribe to Meidas+ at https://meidasplus.com Thanks to our sponsors: Mack Weldon: Go to http://mackweldon.com/?utm_source=streaming&utm_medium=podcast&utm_campaign=podcastlaunch&utm_content=LEGALAFutm_term=LEGALAF and get 20% off your first order with promo code LEGALAF Rocket Money: Cancel unwanted subscriptions – and manage your expenses the easy way – by going to https://RocketMoney.com/legalaf Smalls: Head to https://Smalls.com/LEGALAF and use promo code: LEGALAF at checkout for 50% off your first order PLUS free shipping! VIIA: Try VIIA Hemp! https://bit.ly/viialegalaf and use code LEGALAF! OneSkin: Get started today at https://OneSkin.co and receive 15% Off using code: LEGALAF Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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collaborate with our country's innovative pharmaceutical companies, the side effects include improved policies that speed up the delivery of medications to those in need and better overall health for all Canadians. It's that time. It's that place. Don't move that dial. It's Legal AF Midweek. And look who it is. Karen Freeman, Nick Niflo and Michael Popaka. Sounds like Seinfeld. Hello Newman, hello Karen. We're back. And we are, I was joshing a little bit with our team here

before we started. I've got so many emotions leading into the election. It's a combination of exhilaration and excitement and exhaustion. There's not a name for it. If there is one, everybody put it in the chat. Tell me what you think that is. Because that's what I'm feeling.

I'm a little bit on tender hooks. I'm a little bit like, okay. But I'm feeling so good about the opportunity for Kamala Harris to take this thing. And I think we're gonna talk about it here on the midweek edition of Legal AF. We're gonna kick it off with the closing arguments. We're prosecutors and defense lawyers. We do closing arguments for a living. How is

the closing argument going for Donald Trump off the Madison Square Garden rally? There's that. We'll talk about some, you know, inappropriate vulgar language being used by an affiliated PAC. There it is, against Kamala Harris and what that signals, not only to the American people, but to the predominant number of women and people who support women, what is the messaging, what's the language that the Republicans are using around these issues in, pardon me, in the close? And then you compare it to Kamala Harris with her hopeful, vibrant, shining speech at the ellipse. I love that she took it back.

We're taking it, you know, the MAGA always talks about, take America back. I wanna take back our patriotism. I wanna go to the ellipse. I wanna give a speech that doesn't lead to a riot that tries to burn down democracy. I'd like to do that. And Kamala Harris did. We're going to compare and contrast the closing arguments

and then what it means at the intersection of law and politics for our, the people that have already voted, like me and probably you, Karen, and people that are going to be voting all the way up till, I don't know, 10 or 11 o'clock on the night of the election. And then we'll move from that world where we need to be. We want to be. Our audience wants us to be and we'll talk about what?

Supreme Court of the United States once again finds themselves on involved with voters and voter suppression and and voter purging We've got the new edition couple of cases to talk about there Karen. I think will be fun with our audience What is a case that ran against Bobby, Bobby, as I call him, Robert F. Kennedy Jr., who transparently just wants to help Trump. He wants to be on the ballot in the battleground states in order to drain votes. No, he wants to get off the ballot of the battleground states in order to drain votes, make sure he doesn't drain votes from Trump, and he wants to get off the ballot of the battleground states in order to drain votes. Make sure he doesn't drain

votes from Trump and he wants to be on the ballot in places where he thinks he can drain votes away from Kamala Harris. And the Supreme Court's like, what? And, but, but they just made a major ruling as we went on the air today about Virginia's Republican MAGA governor trying to strip the voting roles of people, including American citizens who are registered to vote. And what did they say about that? Speaking of what did they say about that?

We're gonna talk about Judge Cannon. Oh boy, I've heard about Cannon fire, but never fire Cannon. And here Judge Cannon, you know, we got a window into her mind as to how she's gonna handle a motion to recuse or a motion to disqualify related to all things

Donald Trump because she just made a ruling. It was a little bit prickly. It was a little bit, you know, it was a lot of, oh, I can't believe you would even challenge my ethics about whether I could be fair and impartial. Two things she didn't do was deny that she's been in contact with the Trump campaign or its transition team. All she had to say was I haven't spoken to Donald Trump. All right. well, that wasn't the question. And she's, you know, she's acknowledged that there is not idle speculation, but a leak from the Trump campaign that she may get a promotion to attorney general, if all things go right. We'll talk about Judge Cannon and what Jack Smith does about it at the 11th Circuit related to the Mar-a-Lago indictment.

And then we've got, while we're there, we'll talk about the 11th Circuit briefing that Donald Trump filed about Mar-a-Lago to try to keep that case dismissed. And then we've got what I like to refer to as the MAGA revolving door, the comings and goings and ins and outs of jail of people related to Donald Trump. You got Bannon, who comes out having served

his four month sentence a week early, but is likely to go back in because your old office is prosecuting him in less than 60 days. And then the David DePay, the guy that hammered Paul Pelosi had already been sentenced to time in jail in federal penitentiary, but he's going away for a long long long long time based on a sentencing by san francisco state court judge we'll break it all down here on legal af

carol what are you feeling right now right and you're in new york and and like what are you what's your vibe right now as we're counting down the days to the election. You know, look, my vibe is always the same, terrified, anxious, nervous, hopeful, but guarded. And yours is, and what I love about you, Popok, is I always say the sun never sets in Popok land. You're always, you're the eternal optimist. And honestly, you make me, you give me comfort, you bring me comfort because I get nervous.

Honestly, you make me, you give me comfort, you bring me comfort because I get nervous. I am scared of the, the stakes couldn't be higher this election. And that's one of the things Kamala talked about in her closing argument is this isn't about whether you agree with that policy or this policy. This is really about this life as we know it, our country as we know it, is it going to continue or not?

And when the stakes are this high, it's really terrifying to me. And it's terrifying that somebody like Donald Trump has even a shot that we've even gotten this far. And I don't think he's going to win. My gut tells me that he's not going to win. But I don't like that it's even a horse race. It's it's really it's until it's over, I'm going to be stressed. And that's just that's just who I am by nature. And so and you know, but I love you are being who you are, which

is you know, why we just really, honestly, my absolute favorite thing about you is, and I try to surround myself with people like you, because people like you help make people like me, you know, keep us calm, because I can, you know, otherwise get a little bit I appreciate that. I'm not an idiot. I mean, I know there's an outcome that I'm not going to like that could happen. I just let's stay on the optimism track for a minute before we go to the dark, hate-filled, um, you know, uh,

MAGA rally at Madison square got my beloved Madison square garden and then everything that went downhill from there. It only, if you thought he'd hit rock bottom, nope, nope. He started to dig. Uh, and that's where we're at. Let's start with the person that you and I both in our heart believe is going to be, and will be welcoming, Madam President-elect Kamala Harris, because in her closing argument, we framed it as a closing argument for a long, long time, and it is. She's earning the vote of America.

She went back to the ellipse. She went to the ellipse with the shining White House behind her. And it gave a hopeful message about what her presidency of unity will be about, about bringing people and locking arms together to accomplish things together as patriots, as Americans, as holders of the flag, as holders of the torch of freedom, but together. And it was an invitation to those people that have gotten very insular and inside their own heads with animus for imaginary enemies created by both a combination of MAGA, Donald Trump and Russian trolls and Iranian trolls who want to see Americans at each other's throats, who want to see us seething.

throats who want to see us seething when Kamala Harris looks and sees something else, that shining beacon on a hill. Let's roll a clip from the ellipse speech, which I think will go down in history as one of the greatest ever given. America, for too long we have been consumed with too much division, chaos, and mutual distrust. And it can be easy, then, to forget a simple truth. It doesn't have to be this way. It doesn't have to be this way.

It is time to stop pointing fingers. We have to stop pointing fingers and start locking arms. It is time to turn the page on the drama and the conflict, the fear and division. It is time for a new generation of leadership in America. in America. And I am ready to offer that leadership as the next president of the United States of America. Yeah, so you have that, which gave me the same goosebumps I got when she was put up on the stage after Joe Biden and she won four years ago, which is a great sign. You've got that.

Well, let's comment on that first. Then we'll go look at the counter, the counter closing argument at Madison Square Garden and beyond. You know, it what I loved about what she said is, is it doesn't have to be this way. And let's remember it doesn't have to be this way. Not like we needed the reminder, but I guess I needed the reminder because when she said that, I started thinking back to 9-11 and the months after 9-11 and really, you know, how unified we were as a country.

We were, we were all together. We were Americans. We were not just a country, but the world seemed to be very much with us all. And I remember at the time, it was very comforting for me because I think I've shared this before. I think I live across the street from the former World Trade Center site. And that day was a really scary day.

And so it was a really stressful, terrifying day, to say the least. And I can't tell you the comfort it felt to know that we were one, that we were a country, that we were all together. We might have divisions, we might have things that we disagree with. We might disagree on policies.

We might be Republicans or Democrats or gay or straight or black or white or whatever it is that makes us, that is our differences. But at the same, but we were all together as one. And it felt so, it felt just so like, I wanted to wrap myself in the flag. I felt so patriotic. I felt so you know, my husband at the time was working for the US Attorney's office, and he just jumped in and they he worked 24 seven looking for the terrorists. I mean, it was you felt like you were part of something bigger and greater than yourself. And, and frankly, that's

what I love about our country. So I was a public servant for 30 years, because it's amazing. And it's incredible. It's what makes our country great is to be a part of something that's greater than yourself. And that's greater than your bubble, than your little clan of, again, whatever little group you're a part of. And, and it's beautiful to be part of this group of diverse, interesting, different, differing people, and you learn from each other, et cetera. And her whole speech was like that. She said things like, if you disagree with me, I'm not going to put you in a concentration camp

like Donald Trump will. I'm going to give you a seat at the table and help me make policy and help me make things better because I'm going to serve everyone, not just the people who agree with me, I'm gonna serve you too. And it just reminded me so much of really what the best of America and who we could be and who we ought to be and who we truly are in our core.

And so her speech for me was, you know, I had tears in my eyes and chills, you know, because I thought this is, she's amazing. She's really amazing. She truly is such a great person who cares so deeply for this country and she will make a incredible president. And I just really hope that that's what ends up happening

because I'm a huge fan. Yeah, and she's not gonna do things things like her like Donald Trump's advisors have admitted she's not going to trash the economy. She's not going to kill job creation. She's not going to tariff our way into a depression in an economic policy. She's going to continue to do the things that strengthen America and make an economy for everyone I said to somebody recently, you know, this is what democrats generally say that if you're a republican And um you get social security or medicare medicaid

You get um, um Anything from student loans? Uh or things like that you you can thank a Democrat. Because those are all Democratic policies that people now love, they never wanna give up. Where do they think it came from? It came from the Johnson administration, it came from the FDR administration,

it came from the Carter and Clinton and Obama administration. If you like your healthcare, you like keeping children out of poverty These are programs that distinguish our society from what Donald Trump and Elon Musk think it is which is a business We're not a business businesses if businesses could get rid of Union workers and protections over union workers and make more money they would. They would never provide

military protection unless they were being paid to do so and they wouldn't provide a social safety net for those in our society that aren't 247 billion heirs like Elon Musk. And so you don't want to pick somebody that somehow ran a business. That's not going to prepare you to pull the levers of power in our democracy. You need somebody who has a healthy respect for the rules of law for the three, what used to be three co-equal branches of government, but that sticks in my throat now ever since the Supreme Court elevated the presidency above it all. But you need somebody has a healthy understanding of American values and our constitutional framework and honors it and then surrounds themselves

with really smart people because there's too many levers of power for one person to do it alone. That's why we call it an administration. It's not just the person. Yes, the person is the top. It's the tone at the top. They make the final decision and the buck stops with them. And I want the buck to stop with somebody like Kamala Harris

with the character to lead and to hold the torch of freedom around the world, to be a beacon so that we support by continuing successfully our democratic experiment, we support democracy around the world. That's why our enemies want Donald Trump to be the leader of the brand called America, because we won't make any new democracies around the world, because nobody will be attracted to what we're our experiment here. It looks like to the outside world there were a bunch of seething lunatics at each other's throats, not us, it's not the people on this side of the aisle, but

we contrast Kamala Harris and her closing argument to make to earn the votes where she's spending a considerable amount of time pitching a tent in places like Pennsylvania, Wisconsin and Michigan, going to Texas for Beyonce, which I thought was a great sign of confidence, not because she thinks she's going to win Texas, maybe, but because she wants to reach out to people like the people in Texas and try to get them over those independents, those people that have not yet made their decision. That's who she's talking to when she says link arms, link arms with your fellow neighbor because everybody that Donald Trump is talking

about, attacking, imprisoning, using the military against, putting in a concentration camp, and some deporting our American citizens. And that's not who should be the leader of the free world. He should be maybe a right-wing podcaster, maybe, but he shouldn't be measuring the drapes for the Oval Office. get, you know, measuring the drapes for the Oval Office. And so let's look at the counter argument that at the waning days, the closing argument of Donald Trump. Why don't we roll a clip of that? You know, many years ago, I had a father who is a great guy. He's a strong guy, a legitimate guy, strong. But you know, he always used to tell me, never Use the word Nazi and never use the word Hitler now. We're called Nazis and I'm called Hitler

I'm not Hitler what my father Well, you are according to JD Vance who's running alongside you because JD Vance called him the American Hitler when he was trying to sell a book he said he was a narcotic in the arm of America. He was a dumb loser until he grew a beard and decided he wanted to be one heartbeat away from the presidency. And then it got worse. I didn't think watching Madison Square Garden, whatever that, which brought me back instantly. I mean, I did it here in the Midas Touch Network. I mean, I knew about the 1939 rally of the German American Bund Association in support of Adolf Hitler in the Midas Square Garden.

It was the only comparator we could come up with historically at how dark and hateful the presentation was, primarily all men. There were very few women up there. You know, I think there. I think Melania Strodin didn't say a word and maybe somebody else, but the rest of them were just men attacking women, attacking immigrants, attacking Latins, attacking Puerto Ricans, attacking Jews. I mean, I was like, what? Seriously? This was the missing fifth night of the Republican National Convention?

This was the missing fifth night of the Republican National Convention. It got worse. I mean, with the opening, the opening comedian killed Tony, whoever that guy is. All I know is he's killing Donald Trump's chances of prevailing in November at, with those kinds of comments. And then Donald Trump doubled down on the comments. J.D. Vance doubled down on the comments. And then running alongside them, running a political action committee called America, is Elon Musk in coordination, of course, with the Trump campaign. And he decides it's now time, it's high time,

with seven days to go left in making our decision, that he call, that Donald Trump effectively call Kamala Harris the C-word. Do we have a clip? Kamala Harris, the C word. Do we have a clip? Warning. This ad contains multiple instances of the C word. Viewer discretion is advised.

Kamala Harris is a C word. You heard that right. A big old C word. In fact, all of the other C words think she's the biggest C word of them all. That's right. She's a tax hiking, regulation loving, gun grabbing, communist. And the worst part, she's proud of it. Kamala Harris, the C word America simply can't afford. See you nationwide, Tuesday, November 5th. Look at the end of that. I hadn't even noticed that. Thanks for running that see you nationwide. He almost said to Tuesday, he just spelled out the word that that that word you never say about a woman's genitalia at the end.

See you next Tuesday, which by the way, just to bring it full circle, that is exactly what Donald Trump told Robbie Kaplan, the lawyer for E. Jean Carroll, at the end of the deposition related to his rape and sexual assault of E. Jean Carroll. He said on the way out to Robbie Kaplan, the lawyer, because it's been reported, see you next Tuesday, calling her that word. And she looked around at her friends,

like the colleagues in the room said, we don't have another scheduled event. And someone had a Polk Robbie aside and said, he just called you the C word. This is America for a portion of America. Is it? I just, just as I believe in the jury system, I want to hear your view. I believe that we are better, better than somebody calling his opponent the c word on the way into an election and the American people and the majority of the electoral college will recognize that. What do you think? There's a whole, he appeals to part of the electorate who likes a tough guy. That's it. And this is his way of being like, look what I can do.

And I can get away with it and win. And he pushes the envelope over and over and over again. And he goes places nobody would ever go. And nobody will ever think that anyone could go because it's his way of FU in the system. And it's his way of being a tough guy to all the other tough guys. And it's something that we just have to acknowledge

because there are people who, they really, it's, I can't understand it. I don't know why, but there are people who that's what they value. I mean, look at how he was talking about his father, his father being strong. He's a strong guy, a tough guy. That is incredibly like, it's almost like a dog whistle or a code to each other. We're strong, we're strong men.

And they almost think like that, that women want to hear that, like they're going to take care of women. And so just him being able to say something like that, there's no innuendo. They're they're absolutely trying to say what we think they're trying to say. And they're basically they want us to get outraged. They they laugh in our faces when we get outraged because they they're just like, you know, whatever we can do it and we're going to get away with it. And people are going to vote for us anyway.

And that's all this is. This is just, it's, it's almost like those guys who drive around with those cars that, you know, with them, they make the engine go really strong and, you know, drives everybody crazy and, you know, they just do it. Just, it's like, I don't know why men do that. I don't know why men, not all men, of course. Um, but you know, why there's a certain population, a certain type of man who that appeals to.

I've never understood it, I don't like it. And that's just who he's trying to appeal to by doing stuff like that. You know, he's just, he's gross. He's so not presidential. He's a self-interested individual who was looking for a get out of jail free card. He has no interest in serving the public. He has no interest in serving the public.

He has no interest in helping this country. He wants to install his friends and family into jobs where he can make the rich richer. He can. Elon Musk is going to be in charge of all the agencies that regulate Elon Musk and give Elon Musk government contracts. So Elon Musk can secure his billions and make sure he he doesn't lose them, if not make more of them.

Same thing with Jeff Bezos, who either supports Donald Trump or is too afraid to cross him and pulls the Washington Post endorsement of Kamala Harris at the very last minute for the first time. He coined the phrase, democracy dies in darkness. And for the first time, Washington Post is not gonna endorse a candidate. He does it a week before the election. I mean, clearly he's doing it

because he wants to hedge his bets. He doesn't wanna piss off the guy who might be a dictator, frankly, who's going to take revenge on his enemies. And this is who's going to succeed under the Donald Trump world. It's gonna be his friends, his family. He's gonna revenge on his enemies? You know, and this is who's going to succeed under the Donald Trump world. It's going to be his friends, his family. He's going to go after any his enemies, anyone who who is says

anything negative against him, and he's going to make the rich richer. And the rest of us are going to pay the price. I mean, there's no question about it. And he's doing it by appealing to this tough guy kind of sense of sensibility. But you know what? There is nothing tougher than a prosecutor, nothing. And Kamala Harris is a lifelong prosecutor. She can take on, she took on, you know,

I love when they say, oh, you know, the border, open borders, et cetera. She took on drug cartels in California. That's California is a border state. And she took on the criminals who came through. Criminals and immigrants aren't the same thing. And so she took on the criminals who came who came through criminals and immigrants aren't the same thing. And so she took on the criminals and some of them are immigrants some of them are not there's nobody tougher than a prosecutor or former prosecutor. And so so this false bravado this name calling this whatever this you know roaring his engine

it's not tough it's just bluster and so that's all he's doing there, in my opinion. Yeah, Nikki Haley went on Fox News, which Fox of course billed as Nikki Haley endorses Donald Trump. No, if you listen to Nikki Haley, she has right in the middle of the Bret Baier interview, I did a clip on this for Legal AF, the YouTube channel, in which she says this hyper masculinity, this bromance where he's going after the vote, ignoring the 53% of voters who are women who vote in larger numbers than men, the use of the C word to go after her. She actually defended Kamala Harris.

She said she was a prosecutor. She's smart. Get off her looks, get off her intelligence and all the other misogynist tropes and focus on the issues Um, we haven't seen hide nor hair of vicki. Alli since she quote unquote endorsed donald trump back in july She's not on the campaign trail for him. Not there is avanka trump. Neither is anybody else Effectively anybody notice that there's nobody on the campaign trail for him. No proxies Um, he does it all by I don't even know what he's doing these days.

Well Musk does. Aftermath of the Square Garden. What is it? Elon Musk does. He's the only one who seems to appear on his behalf, right? But Elon Musk has got, he's a mixed bag when it comes to Americans. I mean, you know, you either love Tesla or you realize what Elon Musk is all about. So we're going to talk about moving from the politics part to the intersection of politics part. We're gonna pick up with the Supreme Court

of the United States and what they're doing about voting, disenfranchising certain people, allowing for the purging of votes to happen and how they're already making decisions that will influence inevitably the outcome of the election. We got Judge Cannon back in the news. She knows that she was offered a public, publicly offered the job of the election. We got Judge Cannon back in the news. She knows that she was offered a public, publicly offered the job of attorney general.

And what did she do about it in her courtroom when it was raised in a motion? We know now because she's issued a new order. I don't think anybody's gonna be surprised, but we're gonna detail it and talk about what it means for the future. And then we've got that revolving door of MAGA coming into jail and out of jail.

What does it mean for Steve Bannon, particularly being prosecuted by your old office? You'll have some great insight there as justice is done, as it relates, at least partial justice is done, as for the attacker, the MAGA attacker of Paul Pelosi. We'll cover that all. And we're going to take a break here to pay the bills, let's be frank. There's a number of ways to support the community that we've built here, the network we've built here completely independently without outside money. You talked about Jeff Bezos who had frequent wars with Donald Trump back in the day. In fact, Jeff Bezos thinks that Donald Trump and his team were responsible for a leak about five or 10 years ago against him personally

So I wasn't surprised when he killed literally the editorial page of his paper Democracy did die in the darkness. He did kill the The endorsement of Kamala Harris, but the billionaire owner of the Los Angeles Times did the exact same thing about a day earlier This is what happens when media is not independent, when there is no wall between the editor and the publisher where we have here. We have no wall. We only have you in support. We've got our pro-democracy sponsors who know what our show is all about, who knows about Midas Touch Network and Legal AF and wants to be here to talk to our audience. And that's why we do that.

And then we've got something that we're building to kind of endure beyond on the other side of Tuesday, which is Legal AF's YouTube channel, Legal AF, which is at at Legal AF MTN, the kind of the chief curator there. And it's in collaboration with the Midas Touch Network. We got some great people coming over for the Midas universe to do hot takes Karen Friedman, Nick

Niflo, a regular over there, Tina Dahl and I do a show called unprecedented once a week about what else this current term with the United States Supreme Court, we got court accountability action, we got Sean Wu, another former federal prosecutor, doing regular videos there. And of course, I'm doing a lot of them We got Sean Wu another former federal prosecutor doing regular Videos there, of course, I'm doing a lot of them during the day. So come on over free subscribe find out what it's hard to believe These numbers we're already at 16 million views of our work in five weeks and over 260,000 subscribers in a very short amount of time. That's because of you Coming over there and enjoying what we're doing. We appreciate you hit the free subscribe button,

you know, that little blue oval button and help us build that other channel. So it's there as an enduring part of our community here at Midas Beyond the Election. We got a Patreon page, patreon.com slash legal AF. We're doing some unique stuff there. You can have access to some of the leaders of Legal AF on a regular basis, including town halls.

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beard I don't think there's any way around it before I like the beard do you like this is the early version of the beard. I'm looking closely. No, I like the beard. I don't know what it is. I think some people with, some people without, I'm a fan of the beard. The best part, and the reason I have it, is my wife likes the beard.

Which is, you know, because if she didn't, you know, then we're sort of done. And one last. You mean your real wife, as opposed to your podcast. My podcast wife. Yeah mean your real wife, as opposed to your podcast wife. My podcast wife. Yeah, your podcast wife. So to those that, so I'll tell this story. Last week, I went out to dinner and drinks

with the mistrial team, the entire, and I want to talk about mistrial for a minute. So we got to drink some mistrial. I meet at the office where they practice law, and we get together as a group with some other people. We end up across the street at a nice place in New York that we all liked and spent quite a bit of time there talking about a lot of different things,

cases that people are working on and different things. And at one point, somebody close to you showed up and there I was and somebody at the table said something like, oh, look, your other husband's here. It's true. I think I said it. I think I said, my two dads, my two husbands, my two husbands, my podcast husband and my actual players. That was so much fun. Popok. I love that. We had a great time. Oh, yeah, we're gonna do it more often. I don't think we meant to stay out as late as we know

we're having so much fun. We ended up staying much later. I went to I made the mistake. I made't think we meant to stay out as late as we know we were having so much fun we ended up staying. Yeah I went to I made the mistake I made the mistake of going to the bathroom and one of one of the people disappeared. Where'd she go? But now we're back here and don't forget on Thursdays, Halloween Thursday at some point, mistrial, uh whatever which we're talking about, Karen Freeman, Nick Niflo, Danya Perry, Kathleen Rice. They're not just three friends, they're three former prosecutors and one member of Congress. And they bring it to you the way nobody else, they're tough as nails. They are on Midas Touch Network,

Miss Trial on Thursdays right here. Let's pick up with- Before you leave Miss Trial, I just wanna say we got an incredible guest this week. Tell them who it is. Jennifer Jennifer Rubin Jen Rubin who is Washington Post columnist and she is She's one of the people who's been outspoken talking about Jeff Bezos and the decision. I mean really calling out her boss and she's also just brilliant. She's a former

former attorney she's incredibly hard brilliant. She's a former attorney. She's this incredibly hard hitting journalist and she's a former Republican turned Democrat. So anyway, she's just this brilliant, really fascinating woman who's been covering all of these issues and- I have an idea. I have an idea for Ms. Tra.

I'm gonna share it here. I think you guys should take a page out of the Smartless podcast that I love. And each one of you should bring on a new guest, but not tell the rest of the people who the guest is until they don't prepare, right? That's what they do. That's a will our dad.

And we can easily do that. You know why? Because we're former prosecutors and we're used to. Yeah, witness. Sometimes your witness shows up and you have never spoken to them Right no idea what they're gonna say and you put them on the stand and we know how to do that So you should you should think that's fun when they do it. You should think about that

All right, speaking of fun and not fun. Let's talk about the Supreme Court of the United States once again Let's start with I'll do RFK jr. And you want to do, Virginia? It just happened today All right, so our of K jr. Can this guy just go. and you want to do Virginia? It just happened today. All right. So R.F.K. Jr. can this guy just go away? Can I start with that? Just go away and change his name because he's not a Kennedy as far as I can see. Nobody in the Kennedy family wants him. Nobody wants him to be no one with the right mind wants him to be the head of the Center for Disease Control. Nobody wants, in their right mind, wants him to be in charge of vaccine policy. Nobody wants him to be the Anthony Fauci for Donald Trump. Nobody except for him and Donald Trump. And so this weirdo decides that he's going to throw his hat, throw his hat in the ring or whatever, throw his endorsement over to Donald

Trump. And at the time, I remember this just shows you how the media is so out of whack. You know, that'll be picked up on your Mistral podcast with Jen, but the media is so out of whack. You know, I remember when he was just three weeks ago, four weeks ago, I was like, I was reminiscing. I remember when RFK Jr. dropped out. And the media mainstream media was like, Oh, my God, it's a game changer. 1.5%. He's been pulling, he'll be throwing it to Donald Trump and Kamala Harris

recovery from how has that gone since? First of all, the people that were supporting, um, RFK Jr. were sort of the people that were supporting Bernie at one point. They were just, you know, contrarians who didn't want to vote for the two party establishment people, and they wanted something different. They didn't want Trump, and frankly, they didn't want Joe Biden either. Kamala wasn't a part of that equation. And so they're like, no, you went to Trump. We don't want Trump. That's why we went with you. So he had no ability to deliver the vote. Unlike Nikki Haley, who can and has effectively delivered half of her four million

who supported her over to Kamala Harris in places where it matters, including battleground states. That's why her going on Fox News yesterday, I'd have a hot take up on the network now, her going on Fox News was so monumental because, and I love her, no, I don't love her, let me just rephrase that, I don't love Nikki Haleyaley I love the fact that she figured out a way to make Trump world think she was endorsing Donald Trump on this interview but everybody else that was listening to her heard her endorse Kamala Harris and and this and they've done the you know they've done the polling and they think that Kamala's gonna get 46 or 48 percent of Nikki Halley's vote

Which is being delivered to her because character matters for them We may not agree with Nikki's character, but character matters for them But they can't they can't abide Donald Trump. And so yeah, the 1.5 percent that voted for or Supported RFK jr We're never going over to Donald Trump and now he's decided well I need I guess this was the bargain when he was signing the contract literally to join Donald Trump He also said well, I'm in the bow. I'm on the ballot in some places Why don't I you can hear them just talking about this in some smoke-filled room?

You know Donald Trump with a sharpie marker in one hand a diet coke in the other and they're like what? How do we best do this? So you should stay on the ballot in places where it'll hurt Kamala and you'll drain votes for Kamala. But in places where you'll drain votes for me, you gotta come off the ballot. So that's what he's been doing. So he wants off of Wisconsin and Michigan,

which are major battleground states. So if the polling is right, I don't think it is. But if the polling is right, Kamala's got a half a point lead or less than one point lead in both those places. So any little could go in her favor. So he wants off of Wisconsin and Michigan, but he wanted to stay on in New York, which is where he was thrown off. And the Supreme Court, two weeks apart, on the New York one, and we reported a couple weeks ago, they were like, no, you don't live in New York. You didn't properly follow the

rules there. You're coming off the ballot in New York and so it's just going to be cobble and Donald Trump and whoever else is listed there and then then they had the opportunity to look at Michigan and Wisconsin uh Michigan and uh yeah Michigan and Wisconsin and they said uh what's your i'll just play out i'll do role, Supreme Court in the briefing. What is your proposal for Michigan or Wisconsin? Oh, we take little tiny pieces of tape, little labels, and we put them on the ballots over my name. And they're like, well, what about the 200,000 ballots that I went out already? Or that I've already been voted on? Exactly. And how close are we to the election? A week.

Yeah. We're not doing that. So in a one-liner, they said emergency application to get on denied. We don't know exactly who, except we do know, because of course, Neil Gorsuch decided that at least in Michigan, it seemed kind of interesting and he wanted to hear the appeal, but nobody else did.

So done. He stays on the ballot. Any kind of drain from those two states will probably be against Donald Trump. Yay, that was a little bit of a slight win for Kamala Harris. And then he's staying on the ballot and he's getting off the ballot in New York, which again is another place where, you know, he will, she's going to win New York by like 12 to 15 points. So I'm not really worried about New York, but the Supreme Court can't help itself getting involved when they say they're never going to get involved in elections this close to an election. And now I'll turn it to you for the Virginia, what just happened literally today as before we were going on the air, what happened in their decision about Virginia and purging the voter rolls. Well, let me tell you, first of all, Popak, the sunset behind

you is just stunning. So I just have to mention that and call that out because, I mean, look at that. It's unbelievably beautiful. I mean, no, really, it's absolutely beautiful. So I just had to mention it because it's stunning, stunning, stunning. So look, the Supreme Court really, they just don't follow the law anymore. They don't follow the actual law anymore. And they're allowing Virginia. And the reason I say this is because Virginia is going to be allowed

to continue to purge voters from the voter rolls. And how did this come about? So this came about because the there are officials in Virginia who have removed individuals who are on the voter rolls, who've already attested to their citizenship, right, swear under penalty of perjury that they're a United States citizen when they register, people who have voted for years and years and years, people who are 100% citizens that are, have no problem, they're Virginia residents, but in their DMV records,

okay, they're flagged as a potential non-citizen. And I guess the DMV reached out to people, and if they fail to respond within 14 days to this one single mailer, I mean, who pays attention to like a weird DMV mailer? Half the time, it's all junk mail anyway. And so DMV data is notoriously extremely unreliable. Trust me, as a former prosecutor,

when we were looking for people or we were trying to get information on people, you take it with a grain of salt, the DMV data, because it is inherently unreliable and sometimes contradictory to what's actually the fact. What if you check the wrong box? Or also, guess what? Virginia driver's license,

they are available to non-citizens, but sometimes they become citizens after the fact, right? They're applying for citizenship and they become citizens, but they don't uncheck that box or whatever it is, they become naturalized. And so Virginia has decided to, they've removed, I think something like a couple thousand people since the start of, they started this program and yet also just to put into context in the 20 years not a single non-citizen in Virginia has been prosecuted for voting. So this isn't a problem in Virginia. This is, you know, it's not like there's some issue or some problem that they've uncovered. This is literally the Republicans trying to once again disenfranchise

people who they believe. Who could this impact? This could impact that category of people that I just said, people who had a non-citizen voting ID and became naturalized and their driver's license hasn't come up for renewal in that window, in that time period. And so they might be a citizen, they've attested that they're a citizen when they registered to vote, but for whatever reason, DMV hasn't caught up to that data. So again, this is not a problem. This is just part of the MAGA conspiracy theory that they're trying to say that non-citizens are voting,

and they've just been going through. And there's a federal law that says within 90 days of an election, you can't do exactly what they're doing. It's under the National Voter Registration Act and it prohibits any last minute effort to remove people within this 90 day quiet period or this window. And it's intended to protect voters from any last minute changes.

And so you would think because there's a federal law that specifically says states can't do this, you would think that the Supreme Court would say, sorry, you can't do that. The federal courts said that, right? When what happened here was a pro democracy group basically came forward and said, oh, just one other thing before I get to the lawsuit that's also really shitty about this, frankly, is that if somebody were purged from the rolls, okay, but wanted to vote absentee, if they were purged when they shouldn't have been, but they want to vote absentee, they can't because the deadline to request an absentee ballot is already passed. So it's like you can't even, they can't even fix the problem.

So essentially a pro-democracy group tried to join or bring an injunction to stop Virginia from doing this because this was an executive order that the governor implemented and the lower courts all agreed, but the Supreme Court, of course, is like, no, go ahead. You can continue doing that. No problem. And we have no issue with this. And, you know, of course, the three liberal justices didn't agree with the decision. They didn't give a decision. They just didn't get, they're just leaving it that they can continue to do it. It's just really terrible. And the other thing that's ironic

is this is an executive order from Ron Youngkin, who's the governor. And some of the people who've been disenfranchised, one of them was a Ron Youngkin staffer. So he got purged from it. But look, the bottom line is Virginia voters have been asked, they should check their voter registration status and see if they are affected by this.

And if they are eligible and they're not registered, that people should know you can still go to your local polling place and you can attest and certify and get yourself to be able to vote even if you were purged. Because this was just a politically motivated effort to try and spread lies to then later challenge election results and trying to just remove voters from the roles during a time when you're not allowed to. But I just don't understand how it is

that the Supreme Court doesn't follow the law. It just don't get it. They just do it only when it suits them. Yeah, as you said, you had two competing doctrines there. One is a federal law passed in 1993, which is that quiet period, 90 days before an election, you can't F with the voter rolls. And then you've got the Purcell doctrine, which is federal courts are supposed to stay out of it, and not supposed to interfere. They just decided, obviously, to rule that

the status quo was the purging of the roles, not the pre-purge. Once they picked the status quo as being that, then they said, oh, Purcell doctrine. But we don't really know what they said, because it was a one-line order other than Robert saying, I gave it to the full court, so it's not a shadow docket per se. And we'll get around to maybe taking this appeal. And if we don't take this appeal, then we'll lift the stay order and judge Giles decision in the Fourth Circuit, Fourth Circuit's decision about purging now that it's over will stand,

but maybe we'll take the appeal and we'll change the law. We don't know, but right now we're gonna stay everything. And just as you said earlier, it was so eye popping that Virginia outsourced their voter, their voter roll process to the Department of Motor Vehicle. Anybody, you imagine the same people that handle your registration for your car are now in charge of determining

whether you're eligible to vote. And as you say, when people are filling out their forms at DMV, there's so many forms, I mean, I've changed states a couple of times in my life. There's so many forms at the department of motor vehicle and to get these new licenses with the right stamp on it. You got to have, I had a literally my pile to be admitted into the bar was shorter than what the paperwork I had to bring when I got the Jersey.

Uh, and, and so those are the people that are confirming citizenship. than what the paperwork I had to bring when I got the jersey. And so those are the people that are confirming citizenship. There is a process. Roles are not the polls is what I like to say. Whether you're, yes, you got to be registered. But if you've illegally voted because you've, you voted when you shouldn't have, you could be prosecuted. Just to give a broader picture here, a neighboring, sort of a neighboring state to Virginia, Georgia, just did an audit

of their 8 million votes during the presidential election. And of the 8.2 million votes, they found 12 instances of non-citizens either registering or voting and they're prosecuting the four that tried to vote. That's it. That just demonstrates to hopefully the entire world, but it won't, that there is no outcome determined of fraud in America. There is fraud. I'm here to declare there is always fraud in the election, whether intentional or otherwise. There is fraud. I'm here to declare. There is always fraud in the election, whether intentional or otherwise. There always is. It's just not large enough to, given the volume of voting that goes on, to be outcome determinative. And so, as you said, every time you hear a Republican talk about voter integrity, you have to translate that into voter, they want to suppress your vote. They want to suppress your vote

They want to rip up your vote and or your place on the rolls and or the certification of your vote for electoral college And throw it in the dumpster and maybe set it on fire because we just have cases going on now in Portland Oregon and Vancouver Washington Where they're throwing incendiary devices into ballot drop boxes, burning the ballots. The only thing that saves some of them is that I learned something I didn't, I didn't, I hoped I never would have to learn, that there are fire suppression systems inside of modern drop boxes for your vote. Wow. Why? Why? Why does there need to be fire suppression devices? Because my vote is sacred and it's not supposed to be effed with by anybody. And so the good

news, as you said, there's plenty of time for those people that dropped off their ballots to go check with their local offices to see if their votes have been received, their ballots have been received and cast. And if it isn't, to vote in time for the election. That's something that everybody should be mindful of. I early voted, I got my thing, I got a photocopy, I got a copy of my ballot, when I went, hit the button, cast, cast, done. Very excited. But 22 states allow Karen for those and it's fine. I'm in favor of every way to vote but vote once legitimately. Mail-in, absentee, early voting, extended hours, everything that gets everyone to vote, right, and gets their vote counted, I am completely in favor of. Six states in this country ban drop-box voting. Why?

Why? Because it's not any more corrupt than anything else, given the level of corruption. And every vote counts the same. You don't get like extra, it's not extra weighted, because you stood in line on election day. The mail-in vote is the same vote as the absentee or the drop-by. All of it is the effing same. I'm getting fired up. So look, Supreme Court, as we've observed and we're keeping an eye on them, bends the rules all the time in order to

legislate from the bench. And they do it here. This is not the last time you and I or Ben and me or whomever are going to be talking about this United States Supreme Court, this term, being involved with this election, either at the vote counting stage, the election hours stage, the vote counting stage, the certification stage, all the way up to the electoral college count on January 6th. This Supreme Court, mark my words, there's going to be several, because there's already lawsuits that are out there, dozens and dozens of lawsuits filed by MAGA, just waiting to rear their ugly head and end up at the United States Supreme Court. We're going to be, you and I are going to be quite busy when that happens. Tuesday is not the end, it's the beginning, even if we win.

So let's talk about, you want to lead off with Cannon? Talk about Judge Cannon and the order that she just, where she denied the motion to recuse Well, I would second a little check. Yes, okay Do cat hold on one second Maybe let's do cannon then we'll they will do our next thing. So why don't you do a quickie on cannon? The motion that was filed to recuse her by the would-be assassin of Donald Trump Claiming that you know your buddies with Donald Trump. He just publicly announced that you're gonna be as Attorney General Maybe you should get off the case. How about that? How about the appearance of impropriety is so overwhelming that you should step down

But so we got to see the first opportunity of how judge Canon Thinks about these things and what she's willing to admit has happened and what she's not willing to admit has happened. What'd you take away from it? Yeah, look, so as you said the Ryan Routh, the guy who was hiding in the bushes, wanted to try and assassinate Trump, has filed two recusal motions asking for her to recuse herself. The first being that Trump appointed her and the second being that, well, now this leaked memo showing that you're on the short list

for all these other jobs, that essentially you have to recuse yourself. And, you know, look, recusal of a judge is very, very hard. It's not an easy thing to do. It's not an easy hurdle to get a judge to recuse themselves. The federal law, the recusal statute is 28 United States Code section 455. Ryan Routh asked under 455A, which is the catch all, which basically says any justice judge or magistrate of the United States shall disqualify himself in any proceeding in which

his impartiality might reasonably be questioned. This is the appearance of in propriety or impartiality catch all meaning like there's certain because there's certain delineated like if you were in private practice and you represented somebody who is now coming before you now that you're a judge you have to recuse yourself, you know, there's certain delineated Times when you have to recuse yourself, but in these appearance of impropriety cases it's really it's it's a It's it's essentially is it would an objective person call into reasonably question

the impropriety. And because the Constitution does allow or require, there has to be actual, there can't be bias, right, that you have to be fair and impartial as a judge. So that was the catch-all category that they said that they asked her to recuse herself citing the various motions in favor of Trump, right? The first matter was when the search warrant came before her. There was no criminal case yet, just a search warrant. She appointed a magistrate to go through the Mar-a-Lago documents case, which was so outside the bounds

of any normal thing that any judge would do in a criminal case that the circuit just all unanimously reversed her on that. And at first, people chalked it up to maybe she's just inexperienced because she hasn't been a judge for a very long time. But then when the second time came about, when she basically wrote a love letter to Donald Trump

on the first day of the Republican National Convention dismissing the Mar-a-Lago case, saying that the special counsel is improperly appointed and funded and invalid, and therefore your whole case gets dismissed, which is also a ridiculous decision That is up on appeal now. And the third thing is Is this this now this this leaked letter? Basically saying that she's auditioning for higher office and she's on the short list to be handed either higher judgeship or attorney general of the United States of America.

And there was another thing too. It was interesting. I guess she went to one of the prosecutor's wedding and went to high school with him or her. And so those were all the bases to ask for her recusal. She denied it and she wrote a, I think it was like seven pages or whatever, basically saying I have never met or spoken to Trump other than telling him that he had to be present in court, in my courtroom, on hearings.

I have no control over what private citizens say about me or the media or public officials or candidates for office or what they say about me or my judicial rulings and Nor my concern with the politics BS. I call it bullshit And she just basically denied it and she said oh and also basically if I just because I went to someone's wedding once I'm not really friends with this person either You know then I'm not going to I'm not really friends with this person either. You know, then I'm not going to recuse myself. I don't know.

The whole thing was just it is very hard to get a judge to recuse themself. So I wouldn't read anything into the fact that she didn't do it. But I mean, come on this. If there if there was ever a judge that is biased in favor of Trump, I mean, it's this judge. I've been before a lot of judges, just like you have. that is biased in favor of Trump. I mean, this judge, I've been before a lot of judges just like you have, you can't usually tell which way a judge leans. They're usually very good about keeping politics out of it,

not showing any favoritism, but her rulings are just so outside the bounds of interpretation of the law that she's full on MAGA, I think. It certainly appears that way. So I'm not surprised that Ryan Routh wanted to try to get her off the case. I have no love for Ryan Routh either. He's a kind of a, he had a gun and he was going to assassinate somebody.

That's not a good thing either right but but you know I don't blame him for for wanting for not wanting her as the judge in that case she there's no way she can be impartial. I got a different angle on this one but we're going to talk about that when we get back from another round of our amazing sponsors without whom just to answer that question the eternal question without him we probably wouldn't exist, not in our current format, not here on the Midas Touch Network and not here on the Legal AF YouTube channel. So let's do a shout out to our sponsors for tonight's episode.

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for 50% off your first order plus free shipping. That's the best offer you'll find, but you have to use my code LegalAF for 50% off your first order. One last time, that's promo code LegalAF for 50% off your first order plus free shipping. And we are back. Yeah, we're going to move on to Bannon and what happened to Paul Pelosi's attacker. My only comment about Canon and I got a hot take up on it is that there are two things that I found both troubling and, and beyond curious is the way she framed

the issue about the job opportunity being proposed to her by the leak, fake leak by the Trump transition team, putting her at number two at the top of the attorney general list, which has not been denied by the Trump campaign or by the transition team. And so rather than, you know, so the way she framed what I would have done if I were an honest judge is I would have listed it all out. There has been news reports and in those news reports there is a leaked memo and in the leaked memo I'm number two at the Attorney General level. But that's not how she framed it. She said there's idle speculation by the media and I can't control it and you know that's just making it a straw man that's not exactly at all. What are the

what are the allegations that are in the media? Again, not denied by Donald Trump. And then at the point in the order where I thought, well, here she'll deny that she's had any connection with the Trump transition team or any proxies of Donald Trump to vet her or start to vet her for that position. All she said was, I've never spoken to Donald Trump.

I've just seen him once in my courtroom. Well, that's not the question. The question is, have you or anybody in your Inner circle spoken to anybody in Donald Trump's inner circle or the transition team to about this position She didn't deny that if she could I'm sure she would have written that and that's what gave me a lot of trouble then I think Jack Smith's gonna have to make a major decision at the 11th Circuit Court of Appeals about whether he asks to Have her reassigned because that's the thing that we don't have time on this particular podcast to talk about it but there's a brief there's briefing up at the 11th Circuit about whether

she was right or wrong thumbs up or thumbs down in dismissing the entirety of the indictment against Donald Trump and his co-conspirators in Mar-a-Lago. You have 40 counts that went out the window because effectively because Aileen Cannon said so. And without a proper analysis of her finding that, well, yeah, all special councils are improperly appointed and funded under the Constitution. Didn't you know that? Well, no, we haven't known that for 250 years, so no. But that's up at the 11th Circuit. And then when they reverse her, and they will, they're going to have to send it back to somebody. It's got to go to some trial judge. Her? With this appearance of impropriety, which is the standard? That's another thing she missed in her order. The proper balancing of... it's not, I take umbrage to the claim that I

am unethical. How dare you? That's not the standard. The standard is would a regular member of the public observing the facts have his view, his or her view, of the justice system undermined because of the appearance of impropriety. That's why it's called an appearance of impropriety. She acted like she had an evidentiary hearing about whether it actually is true or not, although she did, like I said, she did nothing to deny the fundamental precepts of it. That circuit's gonna have to get to the bottom of this. Let's talk about Bannon and Pelosi. Once you take it with your old office, the Manhattan DA, people forgot about this one. But you know, we got a

judge who's tapping her foot. She was gonna try the case in May, but she had to wait for Chief Inuit here to get out of the federal prison for four months sentence on contempt of Congress. But the build the wall foundation money laundering and conspiracy case is back with one defendant. His name is Steve Bannon. And the guy he did all the bad things with is already in federal penitentiary for 51 months. Mr. Colfage, why don't you talk about what Alvin Bragg is doing, why he's doing it, and what do you think is going to happen? Do you think he gets convicted or not? Yeah, so this is a case where essentially, Steve Bannon and this other individual

were, and others, they created this foundation, this Build a Wall Foundation, and they were seeking donations and told everyone, every dollar that comes in is gonna go towards building the wall, and we're not taking a salary, and how great that we're not taking a salary, and et cetera, et cetera, right? Like, every penny you donate goes here. And so they are essentially charged with money laundering, conspiracy,

and scheme to defraud because PS, guess what? Turns out that wasn't true. What turns out was that they were using this money and reimbursing, taking money that was supposed to be for building a wall, whether you agree or disagree with it, it's still defrauding the people who gave money to you. He's doing things like getting plastic surgery, not Steve Bannon, but the CEO guy that's serving a federal prison sentence who admitted to it. He's co-conspirator number one. It doesn't, he's not named in the Manhattan D.A. indictment, but just based on the facts, it's got to be him. So he's got to be cooperating. And he's going to say, Yeah, I was I bought a luxury yacht, luxury SUV,

lavish vacations, plastic surgery, all the other kind of grifting things that you would expect, you know, of course, deep bands like, Oh, no, just we were just reimbursing him for expenses like Xerox machines, you know, Xerox saying and that kind of stuff. No, that's not true. And PS, they've got all kinds of text messages and emails between them, you know, Xeroxing and that kind of stuff. No, that's not true. And PS, they've got all kinds of text messages and emails between them, you know, covering it up. You know, just say this, don't say that.

And, you know, they, it was so clear. It's, it reads like every other criminal kind of text message exchange, email exchange, where they say, you know, the cover-up's worse than the crime. Well, here the crime and the cover-up's pretty bad. But the cover-up here is just showing the intent like that. This was intentional. This wasn't reimbursing someone for normal expenses like your phone bill.

Right. You're making phone calls to to get money donated to build the wall. You can imagine a scenario where the phone bill is paid for. You know, that could be considered a reasonable expense and still not take a salary. This guy was getting like 20k a month. I mean, you know, just not not that he was getting more than than a salary. They use this as their personal piggy bank. And, and look, Steve Bannon, you know, once again, he was he was pardoned federally for this. But you know, in the state this, they found that it doesn't apply here. And. And I had to do a little bit of research again, because there's this double jeopardy doctrine that

says you can't be prosecuted for the same thing twice. And this came up during Paul Manafort when he was pardoned by Trump. The Manhattan DA's office tried to prosecute him. And actually, that case was held to have not that that was double jeopardy. The fact that he was pardoned was double jeopardy to the Manhattan D.A.'s office. And I had to remind myself why Steve Bannon is not. And that's because Paul Manafort was convicted. He actually went to trial and was convicted and his conviction he he was pardoned for that. Here, Steve Bannon was pardoned federally,

but not he was never he was never never went to trial and never convicted. And so that didn't trigger the New York State double jeopardy statute that would have said you can't do prosecute the same the person twice for the same thing. And if he was pardoned, he's pardoned. So that's why that case still exists. He's charged with C felonies. That's mid-level, right?

So in New York, the felonies go A, B, C, D, and E. If you remember, Donald Trump was convicted of 34 counts of class E felony, the lowest level felony. Steve Bannon is charged with C felonies. They're mid-level felonies. This guy can get something like five to 15 years in prison if he's convicted and he's a convicted criminal. He just did four months for disobeying a, he was prosecuted by the DOJ for

contempt of Congress because he refused to comply with the subpoena to Congress who was investigating the Jan 6, the Jan 6 committee and with the subpoena to Congress who was investigating the Jan six, the Jan six committee. And he takes it as a badge of honor that he likens it to his time serving in the Navy when he, back in the day when he was, when he served in the military that, I'm serving my time for you too, I'm a patriot.

He's part of this right wing extreme movement who thinks that installing their dictator Donald Trump and overthrowing our democracy is patriotic, because that's the America they want to live in, and that's who he is. And I, once again, I've said this a thousand times on Legal AF, on Miss Trial, and everywhere in between, so proud of my old office, the Manhattan DA's office, where I worked for 30 years. Once again, doing the job that the federal government should do, but can't do and isn't doing. And bringing the cases that need to be brought.

And there were people in Manhattan who donated, who were defrauded. And so there's jurisdiction over this case, and they're going to hold him to account. If they can prove this case, he's going to prison this guy and so and there's nothing Trump can do about it. Karen Friedman, starting in the infant division of the Manhattan DA's office 30 years ago worked her way up to the second in command of the office. On the one skin makes me look that Moved from infant to newborn Shout out to Alvin Bragg who came on you came on the show for an interview with you

It seems like a decade ago, but it wasn't it was like two years ago and like, you know We're we've got thick skins your yours is thicker than mine and and you years of being a prosecutor, tough as nails. And you took some grief and some heat. Oh, you're not asking him the right questions. And Alvin Bragg is just like this or that. Everybody's got their own strong opinions about your old boss and everything. You know what?

Let's give equal time here to do a pat on the back of Alvin Bragg. Who got a 17 count felony conviction of Donald Trump's two companies for tax evasion and business record fraud? Alvin Bragg. Who got a 34 count felony conviction, the only one against Donald Trump?

Alvin Bragg. Who is bringing the case against Steve Bannon? Alvin Bragg. Yeah. This guy might go down in the history as one of the greatest Manhattan DA's. And you know, he is phenomenal. He's phenomenal. People love him there. And Cy Vance was great, too, by the way, and Simon started these

investigations and brought these cases just that they're going to trial here. So I want to, you know, the Manhattan DA's office was amazing under Mr. Morgenthau, who hired me, Cy Vance, who I worked for, and Alvin Bragg, who is carrying the torch and and leading this office in just the most amazing way. I never worked for Alvin Bragg. I don't know him other than as the current DA. And I am not there anymore and haven't worked for him. But by all accounts, he's doing just a phenomenal,

phenomenal job. And he's a great leader of that. Why don't you get him back on Mistral? I'd like to join that episode. Don't think I haven't tried. Don't think I have. A valedictorian victory lead. phenomenal job and he's a great leader of that. Why don't you get him back on mistrial? I'd like to join that episode. Oh, don't think I haven't tried. Don't think I haven't tried.

A valedictorian victory lap for Alvin Bragg after he convicts Bannon. So if I were his chief assistant, I would counsel him to wait until after the sentencing. All right, that's fine. Oh, yes. Well, that's a good point. Let's just, everybody circle on your calendars.

We'll see what happens. Sort of that's a good point. Let's just everybody circle on your calendars. We'll see what happens sort of election dependent a little bit November 26th Donald j. Trump is going to be sentenced as a common criminal in Judge Mershon's courtroom Bannon goes to trial sometime in in 60 days so in December December tobertov So in December, December, October, November, in December, so they'll be passing each other in the hallway. And speaking of passing each other in the

hallway, at the moment that December, that's a good that's the trial date, December 8. Yeah, my birthday is the second for those out there that want to know don't give me anything. And and and baton comes out, you can tell he spent four months in jail, because the first thing he had to say was Nancy Pelosi can suck it I'm like, you know, this is the rhetoric This is the vocabulary we use against women and women leaders in our country. Seriously

Well, I'll tell you who is gonna suck it Apparently is David to Pape who spent 30 who's already been sentenced to 35 years in jail for taking a hammer and hammering Literally Paul Pelosi in the head almost braining him to death suffered severe brain trauma brain injury and that was and I we call him and I rightly call him out on a hot take he's the darling of MAGA because MAGA circled around David to Pape and and this happened the attack on what should have what would have been Nancy Pelosi. That was his goal.

But he also, he's an idiot, obviously. So he went there while the midterm elections were going on. A couple days later, Nancy Pelosi was, of course, in Washington. But her husband, 81 years old, was at home in San Francisco. And this guy shows up, I'm not making this shit up, with a unicorn costume and zip ties, because he was gonna wear a unicorn costume and interview Nancy Pelosi with a GoPro I guess affixed to his unicorn horn On national television. This is this is like the king of comedy

old movie gone terribly terribly awry and Paul Pelosi shows up because you, because this is what you do when you're at three o'clock in the morning, you hear an intruder in your house, you wear your boxer shorts, shows up at the vestibule of his house. The guy with the cops there, because the cops came but came late,

he took out a hammer and hit Paul Pelosi the head twice, crumpling him to the ground. And MAGA, he was darling of MAGA. MAGA started, instead of saying, oh my god, what a terrible event in American history. It could be my family and elected officials should not be subjected to this or their families and this guy's a no, they said maybe Paul Pelosi is gay and this was a gay sex event that gone awry. I'm like, why? Why? Because the guy showed up at three o'clock, three o'clock in the morning, the guy was in his underwear. How do

you dress for an intruder in the MAGA world? You go to bed wearing a tuxedo? And so I will never forgive them for the depravity of going after. And then, you know, it's always a one-two punch with them. It's always, and LGBTQ+. It's always something that attacks another American, like the ad campaign that is running non-stop on Hispanic television, black-oriented programs, and other programs,

in which it's pictures of people who they claim to be transgender or phony pictures of people who have made that passage in life from, let's say say woman to man or man to woman or whatever. And pictures of other things that are just totally inappropriate drag queens and that kind of thing. I mean, for the point that they're making. And then Donald Trump is for you and Kamala Harris is for they, them. Just completely dividing America,

trying to get black votes. I saw one recently a version of that very same with the same tagline, where it's phony black radio hosts who are like, Oh, she's in favor of, of transgender conversion surgery for prisoners. Like this is not this is on everybody's mind. This is what this when I go to bed at night, I think I wonder wonder who's gonna be in favor of transgender sex change operations in prison, really? But this is just a way to divide

and peel off some votes here and there. So De Pape gets, of course, gets prosecuted by state and federal. In federal, he's convicted of attempted kidnapping on a federal official, and then there's a count for harming a family of a federal official, gets 35 years in prison. But I guess he's been hanging out in jail, not been permanently assigned, waiting for this second, he pled guilty to the state law claims, you know, good old fashioned battery with a deadly weapon, you know, tend

to kill all that elder abuse. And he got sentenced by San Francisco based trial judge on the state side to life imprisonment without possibility of parole. He'll be serving his terms concurrently in a state not fun, penitentiary like the feds can sometimes be it's not going to alcatraz they don't use that anymore but it's going to be close and that's the uh that's a warning to the rest of MAGA who show and i'm saying this to anyone any sleeper cell of crazy that's activated by donald trump i don't want them showing up at anybody's houses i don't want even showing up at mar's houses. I don't want them even showing up at Marjorie Taylor Greene's or Mac Gates or federal judges that I don't appreciate.

I don't want anybody trying to harm anybody else in our society, try to assassinate them or kidnap them or do anything else. I just don't want that. That's not the America that I grew up in. That's not the America that I want. That's why I got to vote for Kamala Harris to ensure that the law is and the guardrails around our democracy are protected. You've done some federal and state dual prosecutions. Anything you picked up

from the reporting about David Dupayp going away forever? You know just that the the judge in the sentencing said I just to be clear I wanted to be on the record that I'm sentencing you to life without the possibility of parole. Just because I in case you know one day when I remember there was a judge in New York that said to somebody on the record of the sentencing, he goes, I just want you to know, sir, your parole officer isn't even born yet. You know, that's that's that's how long you're going to be going going away for. That's a good one.

And he's like, I want to reflect that you are never to see the light of day. And judges that they put that on the record because, you know, one day when people are you have no idea who the who the what what political wins there will be. And to the extent that you look at a record, the people who saw the witnesses, who saw the defendant, who looks the look at the facts and know what's going on. You know, one day you could imagine a scenario where they say, oh, this gentleman is mentally ill and he was abused as a child or whatever,

whatever caused him to do the things that, obviously no one who is a healthy, emotionally healthy individual would do something as crazy and terrible as what he did to Paul Pelosi. And so the judge wanted to make, uh, his, his sentiment clear on the record here that this is somebody who should never see the light of day. So that, that's what the only thing I saw, um, that I happened to pick up.

We need to link arms to ensure that this, that we write our own ending here and it's not the ending of the American democracy. And we we're you and I'll see each other, but we're not going to see each other before the election. In terms of this podcast, Ben and I will see each other on Saturday. But we are working overtime over on the Midas Touch Network and on Legal AF and on our new YouTube channel. Take a minute early voting has started. go over to Legal AF MTN for Midas Touch Network. That is our call sign, that is our address on Legal AF and help us, we're at 262,000 people I think already,

after just five weeks, help us grow that network. So it's here beyond, beyond it. If I could sentence anybody to lifetime of anything, it's a lifetime to Midas Touch Network, Legal AF, mistrial and all the rest, that's the sentence I can sentence anybody to lifetime of anything. It's a lifetime to Midas Touch Network, Legal AF, mistrial and all the rest. That's the sentence I can live with for a lifetime. But we're working hard. Many of us are Dina Dollas in Nevada,

polling places, observing for the Democratic lawyers. I'm still thinking about flying into one of the battleground states on election day to contribute my efforts there. And just being behind the microphone and doing what I could do to motivate people and animate people and give them hope and hope. And if we're wrong, we'll all beat back right here. And we'll talk about what we can do and what we should do into the future.

Because the MAGA movement, unfortunately, is not going to be crushed out of existence on Tuesday. And it has spawned. It's like that Gremlins movie when I was a kid somebody fed it after dark and and got it wet and now it's everywhere and we have to watch it and all these other MAGA states so we still have a fight for our democracy and rule of law that will continue long past Tuesday and I can't think of anybody better that I'd like to put on a cape with and do it with and you Karen Friedman Agnifilo

So we've reached the end Thank you very much you two right here You are you are magical you do have superpowers look at you I have that no I don't have that To bet you to bet you do too so Support our sponsors really important patreon.com slash legal AF mistrial with Karen Freeman and others on Thursday the new legal AF YouTube channel in collaboration with the Midas touch Network We got a store can buy t-shirts store dot Midas touch calm

All sorts of different ways to fly the flag of legal AF and minus touch network but we let me take a moment we appreciate our entire audience I can't tell you how heartwarming it is the few times let's say during a week I get to bump into somebody that is a follower of ours it's very very rewarding we get emails and things I get things in the mail for the baby also things that are and yeah I mean there's an occasional troll, but I have to tell you, they are, talk about, there is no outcome determinative trolling on Midas Touch Network or on Legal AF, really.

It's like one and then a million really positive, and sometimes constructive criticism, we can take it. I mean, it's like, well, this or that, like, okay. And you know, sometimes I've kind of incorporated it into me and try to be a better person, a better lawyer, a better podcaster and all of that. But without you guys, this whole thing just falls apart. So I really, we both really appreciate you, right Karen?

Absolutely, absolutely did it. Absolutely. The community, the Midas Touch community is just absolutely the most amazing, part of my life so professionally. Yeah same here. So until our show on Saturday with Ben Mycelis and me and our various other contributions around the network I'm Michael Popok and this is Karen Freeman at Nifilo, my colleague and we're signing off for Legal AF after midweek.