Legal AF by MeidasTouch - Trump NY Criminal Case gets EMERGENCY UPDATE

Episode Date: November 12, 2024

In breaking and starling news, the NY trial judge in Trump’s criminal case just granted an emergency stay of the criminal case, won’t issue his immunity ruling today, and may delay sentencing or dismiss the case based on the election results, requiring that the prosecution come back with a decision on how to handle the sentencing and the case by 19November. Michael Popok explains what happened and what happens next. 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 Join the LegalAF Patreon: https://Patreon.com/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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with iGaming Ontario. This is Michael Popak, Legal AF and the Midas Touch Network. We got some breaking and startling news coming out in New York and the Manhattan DA's office asking Judge Mershon, who was the judge presiding over the 34-count felony conviction of Donald Trump, and we were waiting on today's order on immunity and the sentencing, which was scheduled for the 26th of November of Donald Trump. Well, all bets are off now. Manhattan DA, following the lead of the special counsel in the federal prosecutions of Donald Trump,

have said that this is unprecedented circumstances with their convicted felon defendant being elected to be the president, that it impacts constitutional issues, presidential transition issues, and they want more time to consider it, just like the special counsel did Jack Smith when he filed his most recent paper in front of Judge Chutkin, asking until December to get back to her on how they want to handle whether to continue the prosecution of

Donald Trump. But here, we were anticipating today, and I did a hot take on this, that Judge Bershaw was going to rule about whether the immunity decision from the summer was going to apply to things that happened in 2016 before Donald Trump actually was president, with a little bit of activity after he was elected president back then. We were waiting on his decision. I thought that at the end of the day, that Judge Bershaw would reject the motion to dismiss on immunity grounds filed by Donald Trump and would go forward with the sentencing on the 26th.

But that is off. I'm going to read to you in a minute from the letter emails that have now been made public that were filed Sunday and Monday apparently with the court but were not made public. But now we know what happened. Donald Trump said he was going to file with his lawyers a motion to stay based on the fact that he has been elected president and there's a transition process going on for now over the next 69 days and nothing should interfere with his constitutional duties as the president of the United States. and the Manhattan DA, discretion being the better part of valor, decided that they want to consider it themselves about what ultimately they will be asking the judge for. Now, it also says that Donald Trump had planned to file a motion on the docket to dismiss based on the immunity and the election.

I don't see that yet on the docket, but as soon as we get our hands on it, since it was referenced in this email I'll read to you, I think it's coming. The judge granted the Manhattan DA's request that they have until the 19th of November, so about another week, to give the court its advice and recommendations on how to proceed. They also asked to have all deadlines, including the judge's issuance of his order, which I'm sure is already prepared on the immunity decision, be held, be embargoed, not be released, while the Manhattan DA gets around on the 19th to telling the judge what their position is. Their position will be on sentencing. Can they go forward with sentencing even if it's a sentence that is suspended until after Donald Trump is no longer president in four years? Question is, does that still impair

his abilities to be the constitutional article to president of the United States? I'm sure that's something they are seriously considering now, taking the page out of the special counsel's book. sure that's something they are seriously considering now, taking the page out of the special counsel's book. And so this is what it means in short. No immunity decision today by Judge Murchon, although I'm sure it was drafted and prepared. I'm not sure if the Manhattan DA was worried that it was going to go against them.

I don't think so. I just think they wanted everything, put a pin in it, to give them time to make their decision. If Mershon had issued the immunity decision, I think you would have still seen the same back and forth request, but now we're not going to know what Judge Mershon wrote because it's not going to be published. It's not going to be docketed and released and ordered at the present time.

Now on the 19th, we could see the Manhattan DA coming back with issue your immunity decision if it's a denial of the dismissal. So Donald Trump has to stand for sentencing. This is our view of how sentencing should happen, what you should do, whether it should be suspended, how it should be suspended, and how all of that, as the Manhattan DA has told the judge, balances the competing interest of a jury verdict of guilt following the trial, the office of the president, and the people balancing these two interests.

And so they've got to get their minds around this, and apparently they haven't yet. So that's the reporting right now. We're expecting off of this to be on the lookout for an actual motion to dismiss on these grounds to be filed by the by the now president-elect or soon-to-be president-elect Trump. I think perhaps because the judge granted this decision not to to extend the deadlines, we may not even see that motion be filed. I have a secret weapon. No, it's not my stylish eyewear, although I do like them.

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you now from the actual emails. This looks like it this discussion broke out on Sunday night. Of course we're just getting our hands on it now on Sunday night Matt Colangelo special counsel for the Manhattan DA's office wrote to the judge by email Which is what happens and says we're writing to advise the court that on Friday This would be last Friday Defendant asked the people to agree to a stay of these proceedings in order to provide time to review and consider a number of arguments based on the impact of the proceeding from the results of the presidential election, defendant's forthcoming certification as president-elect on Jan 6th and his inauguration on Jan 20th. In the alternative,

the defense represented that they intend to file a motion on Monday, November 11th to stay all proceedings before this court. So now in reading that, I don't think we're going to see that motion because the people, the Manhattan DA agreed to extend the deadlines and I don't think you're going to see the motion in the meantime. The people, this Matt Colangelo continuing for the people of the state of New York, the people agree that these are unprecedented circumstances and that the arguments raised by defense counsel in correspondence on Friday require careful consideration to ensure that any further steps in this proceeding

appropriately balance the competing interest of one, a jury verdict of guilt following trial that has the presumption of regularity, and two, the office of the president. Again, using the exact same language as the federal prosecutor special counsel Jack Smith, we are in unprecedented circumstances. Accordingly, the people respectfully request that the court adjourn the upcoming scheduled dates to afford the people time to assess these

recent developments and set November 19 as a deadline for the people to advise the court regarding our view of appropriate steps going forward. The people have consulted with the defense counsel and they agree, respectfully submitted Matt Colangelo. Now we also have in the same chain, before I'll give you the judge's ruling on this, we have the email from Emil Bové, who's going to be in the White House, by the way, following the coattails of Donald Trump. He wrote on Sunday night to Matt Colangelo and to the judge, Dear Justice Mershon, President Trump joins the Manhattan DA's request to stay the existing scheduled dates, including

the dates for a decision on the pending presidential immunity and sentencing. That would have been today, the 12thth and the sentencing on the 26th. There are strong reasons for the request that stay, says Donald Trump's lawyers, and eventual dismissal of the case in the interest of justice under the US Supreme Court's decision in Trump versus the United States

and the Presidential Transition Act of 1963, three USC 102, meaning they're relying on law that talks about an orderly transition to the next president as this sentencing interrupting that and therefore it should be state itself. The stay, the Trump's lawyers continue, and dismissal are necessary to avoid unconstitutional impediments to President Trump's ability to govern, which is the broader argument that we made on Friday. We're prepared to make a submission about these authorities on Friday, if the court deems it necessary, if that would assist the court, and so on. And now we have the judge's response. The judge responded, as I said at the top of the hot take,

to everyone. The joint application for stay, including the current deadlines, including decision on the defendant's motion That's pending that it was due today on the 12th is granted The current deadlines are extended until November 19th as per the people's request the people are to file with the court off calendar Your view of appropriate steps going forward Please make such filing no load no later than 10 a.m. on the 19th of November Easter time. Please file a copy of this correspondence on the court docket. First thing on Tuesday, that's the reason we have it here.

So moving forward, we're going to see that nothing happened in the case in the meantime, no other filings. The order that Judge Murchon had prepared is not going to be released on the immunity decision. Even though we knew it was done because it was due today, we're going to have to reconvene on the 19th. In the meantime, the people are going to file their response to this and update the court about what they should do about the immunity decision in light of the election and the

sentencing on the 26th. And Donald Trump's lawyers are going to have an opportunity to file their motion and their brief as well. And we're going to have to come right back here on the 19th and Donald Trump's lawyers are going to have an opportunity to file their emotion and their brief as well. We're going to have to come right back here on the 19th here on Legal AF and the Midas Touch Network to follow it. So a disturbing development, not completely something that we didn't expect. I wanted the judge, of course, to go forward with the immunity decision today and then get to sentencing on the 26th, sentence and suspend.

But look, this is, as everyone has said, unprecedented times. There's no owner's manual for this, and we're trying to figure it out as we all are on the fly. Come back here, Legal AF and the Midas Touch Network. Support our pro-democracy channels now more than ever. Hit the subscribe button for the Midas Touch Network and our new channel, Legal AF. I can't tell you how important it is to subscribe to that channel right now at this moment.

35,000 people have joined us since the election and we'll continue to bring you great content at the intersection of law and politics there. So my next contribution, I'm Michael Popock and I am reporting. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection

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