Legal AF by MeidasTouch - Trump LOSES BIG in Appeals Court, MASSIVE JUDGEMENT Against him LOOMS

Episode Date: January 9, 2024

Trump likes to lose more than once in front of the same appellate court. This time Trump has lost again in his efforts to stop next week’s E Jean Carroll defamation and punitive damage case against him, with the Second Circuit rejecting his request 13-0 to have the full court reconsider whether he has immunity from civil suit or not. Michael Popok explains why Trump is unlikely to appeal this to the Supreme Court and even if he did, why Justice Sotomayor the Justice in charge of NY federal matters is unlikely to grant an emergency appeal. Thanks to our sponsor HumanN! Get a free 30-day supply of SuperBeets heart chews and a FREE Full - Sized Bag of Tumeric Chews valued at $25 by going to http://legalafbeets.com Visit https://meidastouch.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncoveredµ Learn more about your ad choices. Visit megaphone.fm/adchoices

So the Michael Popok legal AF Donald Trump is lost again at the appellate level. He likes to lose appeals and he likes to lose them not once but twice, especially when it's dealing with immunity. What am I talking about on the E gene Carol case going to trial in about a week Donald Trump tried to assert presidential immunity. Is this sound is sound familiar? Immunity, immunity, immunity from everything. These are the comments that Donald Trump made. They were defamatory as alleged in a lawsuit and a federal judge has already found that he defamed E. Jean Carroll, not once, but twice. And there's a new trial just on damages on how big of a check the jury is going to write in favor of E. Jean Carroll, the L magazine editor for what Donald Trump said about her after he,

and it's already been proven in a court of law, sexually abused her. That's the only issue on appeal. It took Donald Trump's lawyers, including Alina Haba in the lead three years, almost, to raise immunity as a defense, despite the fact that they knew or should have known Donald Trump at one time had one time been president of the United States. There's no explanation for why they waited so long, but they waited a bit too long. And the second circuit about a month ago rejected the assertion of absolute immunity and sent the case back for trial saying that we don't know whether you had immunity or not. We don't think so under a line of cases, including from the last month or so, that says there

are limits to civil immunity, but you waived your immunity by waiting almost three years to bring it. That issue was considered by a three judge merits panel of the second circuit court of appeals. That ruling stands. It is the law of the second circuit. Now you're allowed breakout session here of legal AF law school. You're allowed to ask for a what's called an on-bunk ENBANC on-bunk reconsideration, rehearing of your particular issue in front of all of the judges of that particular circuit. And in the New

New York, I believe the second circuit, I believe there are 12 total circuit court judges. You've already lost in front of 3, 3, 0. So now of the remaining nine, you have to get a majority total. So you have to get seven, which means you have to get seven out of the remaining nine to rule in your favor if you're going to win. but you don't even get to a reconsideration unless, unless a majority of the panel want to hear from you and not only did a majority of the panel not want to hear from them, not one of the members of the second circuit wanted to hear from him. And that's why in this order, which you'll see up here, it says none of the judges of the circuit court having asked for a polling of the, of the position of each of the judges, not one of them having done

that. The on-bomb request is denied in a one sentence order. What that means is that there was not two judges to rub together, let alone two pennies to rub together. Not one of the judges asked to find out how many of the other judges were going to consider this issue, meaning probably none of them wanted to bring this up on appeal. What does that mean? That means the trial of E. Jean Carroll, the second trial related to defamatory statements as the judges already found made by Donald Trump while he was president of the United States at the time, goes forward to a full federal jury next week in Manhattan, judge Lewis Kaplan presiding. And that's it.

There's no stays. There's no other stops unless he tries. Donald Trump tries to go to the United States Supreme Court. We all have a heartfelt reason to support our blood pressure. In fact, more than half the US population would benefit from blood pressure support. Superbeats heart-choose are an easy and convenient way to support healthy blood pressure. And they promote heart-healthy energy. Paired with a healthy lifestyle, the antioxidants and superbeats are clinically shown to be

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for cardiovascular health support. It's blood pressure support you can trust. Double your potential with superbeats heart juice. Get a free 30-day supply of superbeats heart juice, choose, get a free 30 day supply of superbeats, heart, juice, and a free full size bag of turmeric, choose, value to 25 bucks by going to legal AF beats.com. Get this exclusive offer only at legal AF, be E E T S dot com. I don't think Donald Trump is going to try to bring this issue to the United States Supreme

Court because there are bigger issues at stake concerning Donald Trump and the United States Supreme Court at this very moment. And I'm not sure he wants to tempt fate by filing a loser of a motion or a writ of search or are asking for an appeal because they're already considering whether he, they will already be considering soon, probably as early as next week, whether he has immunity from criminal indictment, whether he should be on the ballot or not as an insurrectionist and a rebel against the constitution for his failure to transition and peacefully, peacefully transition power and reigns over to Joe Biden. Those are issues that are important to the liberty, so to speak, and the political success

of Donald Trump. E. Jean Carroll? Yes, it'll be a likely huge punitive damage and damage award by this jury could be 20, 40, 50, 80, $100 million, especially after Rudy Giuliani got sucked with $148 million from a federal jury in the District of Columbia for defaming Ruby Freeman and Shay Moss. But that's where it's at. Now he's on the horns of a dilemma, Donald Trump and his lawyers.

Do they risk the ire of the Supreme Court? In other words, how much political capital do they iron of the Supreme Court? In other words, how much political capital do they have at the Supreme Court? They need them to keep them on the ballot in Colorado and Maine and other states. The Supreme Court is also considering whether to dismiss two of Donald Trump's counts of his indictment in the District of Columbia, along with all the other chance six defendants that were convicted or pled guilty to obstruction of an official proceeding. They're trying to decide whether that's inappropriate use of that crime as charged, whether he belongs on the ballot is up at the Supreme Court level.

Does Donald Trump really want to try and run the table and press his lock on immunity issues about whether while he was the defamber in chief, while President of the United States claiming that he did not sexually assault or rape, E. Jean Carroll, that's his next move. So the second circuit has denied the on-bunk reconsideration. That's the last stop on the train. And I don't even think it's, I think it's likely that even if Donald Trump tried to file a writ of Sursher Ari, tried to get the United States Supreme

Court to take the issue, but they would just reject it. The judge that oversees things out of the second circuit is judged so to my or so the way it works is there'll be an emergency writ of Sursher Ari asking the judge to stay the case, the justice to stay the case, the justice to stay the case. It goes to the justice of the US Supreme Court that's responsible for that circuit. And the second circuit answers to Sonia Sotomayor. She gets the first look at it.

She can administratively stay and refer it over to the fall nine justices of the Supreme Court to make a decision, including yourself. She can make the decision on her own. No, rejected. Go forward with your trial. And that's it. She is not obligated to have the full panel decide the issues. This is what we used to refer to as the shadow docket. But here she has every right to say, well, I'm not even going to waste the time of the United States Supreme Court, a court of limited jurisdiction on this issue. No stay, try your case.

If you were wrong about it on civil immunity, and we don't think we are based on a line of precedent, named Nixon versus Fitzgerald, named Clinton and Jones, named Blazingame recently as recently as three weeks ago, we'll deal with it after your trial is over in the jury. I's reached its verdict. That's if I were just as Sonya Sotomayor how I would handle that. Let's see what she does next. If he even tries, he has to first try Trump. And as I said at the beginning of the hot take, I would not press my luck.

That could be the bridge too far, the straw that broke the camel's back with this Supreme Court. Look, Alito and Thomas will vote for anything related to Donald Trump in his favor, but they're fighting for the soul of the Supreme Court right now, and by extension, the soul of democracy, and that soul is occupied by Roberts, Gorsuch, Kavanaugh, maybe Amy Coney Barrett, but I don't think so. So the fight is for the vote of Kavanaugh and or Gorsuch. You'll need one. Assuming John Roberts sides with Justice Kagan, Sotemayor and Jackson, then he needs one

more vote. He needs either Kavanaugh or Gorsuch. Now Chief Justice is often want to have as big a number as they can about momentous historical decision making. He'll want a six to three, at least not just a five to four to show a divided court, but I don't know if he's going to be able to pull that off. So the takeaway from this hot take should be Donald Trump has lost yet again, another request for an on bond consideration. It's very rare to get it rule 35 of the Federal Rules of Appellate procedure, govern it. And there's nothing here that says that the three judge panel, which sets precedent,

all three judge merits panel set precedent, got it wrong. So trial goes forward next week. They pick a jury. Judges already ruled a number of things on motions in lemonade, motions to limit. He's not going to allow, he's already made a clear, he's not going to allow Donald Trump to retry the first case in which a jury in New York already by six to zero vote found that Donald Trump committed sexual abuse slash rape, technically under New York law, and that and that E. Jean Carol was defamed and suffered emotional trauma and damage to the tune of $5.5 million. He's not going to be able to now argue to jury number two that he didn't rape her that he didn't sexually assault her.

It's not happening. So I just already boxed and cab and didn't Donald Trump on those issues. And so that trial goes forward and the chances of justice, so the mayor, over the second circuit, from her perch on the Supreme Court, stopping this trial is zero. I would bet my microphone on it, not happening. And then the only question for her is whether she's gonna refer it over to the full panel,

the full bench of the nine justices where she's going to make this decision on her own. We'll follow it here on the Midest Touch Network on legal AF on Wednesdays and Saturdays at 8 p.m. and help Midest Touch Network in this YouTube channel get the two million free subscribers in the next month or so. They're really close. It's up to like, it's down to 70,000 total. And you could be that two million.

You are the network you've been looking for. The million. You are the network you've been looking for. The suit you are, the platform you've been looking for. So until my next hot take, until my next legal AF, this is Michael Popock reporting. Thanks so much for watching. We're only a few subscribers short of two million subs. Please subscribe right now to the Midest Touch YouTube channel for free and help us grow this

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