Legal AF by MeidasTouch - Trump REFUSES to Participate in CRIMINAL CASE in OUTRAGEOUS Appeal

Episode Date: December 7, 2023

MeidasTouch host Ben Meiselas reports on Donald Trump’s appeal and motion stay related to Judge Tanya Chutkan’s Order denying his Motion to Dismiss the Washington DC federal criminal indictment based on absolute Presidential immunity. Get up to 50% off for a limited time when you go to https://shopbeam.com/LEGALAF and use code LEGALAF at checkout! 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-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

Donald Trump has just filed a notice of appeal to the DC Circuit Court of Appeals regarding Judge Tanya Chutkin's order denying his motion to dismiss on absolute presidential immunity grounds. I'm Ben Myselis. This is the Midas Touch Network. And in addition to filing that notice of appeal. Donald Trump also filed a motion to stay the pending proceedings in federal court, Washington, DC, before Judge Tanya Chutkin on the grounds. Donald Trump argues that an interlocutory appeal, a direct appeal to the DC Circuit Court of Appeals requires an automatic stay, an automatic pause of the proceedings in the district court and remarkably and unlawfully. Donald Trump states in this motion for a stay that regardless of what Judge Tanya Chutkin is doing, Donald Trump says that Trump will proceed based on that understanding and the

authority set forth here in absent further order from the court. In other words, Donald Trump is saying right there that he is not participating anymore in the DC federal criminal case. Unilaterally, he's saying that based on his understanding of the law, which is flawed, he says that he will not be participating. He's not what going to file motions, not going to engage in any of the proceedings before Judge Tanya Chutkin, folks. Let's break all of this down. Here's the notice of appeal.

That Donald Trump just filed says defendant, Donald Trump, his lawyer is referred to him as president. We don't do that here on the Midas Touch network. If they wanted to say form, we're president fine, but the defendant Donald Trump hereby provides notice that he appeals to the US court of appeals for the district of Columbia circuit from the memorandum opinion and order of the district court from Judge Tonya Chutkin dated December 1, 2023. Donald Trump's notice of appeal is dated December 7, 2023. We covered that order on December 1, 2023, where Judge Tonya Chutkin says Donald Trump, as with all presidents and former presidents, are not kings. Donald Trump is not the president.

And there is no absolute presidential immunity at all, even within the outer rung or outer bounds of potential article two conduct when it comes to criminal behavior of former presidents. Remember what also happened on December 1, earlier that day where the DC Circuit Court of Appeals in a case that is called Blassing Game made the ruling regarding civil cases. The application of absolute presidential immunity in civil cases, not criminal cases, found that Donald

Trump's behavior relating to the January 6th insurrection fell outside the outer bounds of article through article two roles and responsibilities of president's or former presidents because Donald Trump was engaged in campaign activity, not activity of a commander in chief or that of a president. So that all happened on December, on December 1st. So we've said here on the Midas Touch Network that when it comes to issues of immunity, specifically the absolute presidential immunity doctrine, there is a right to have an automatic appeal to the DC circuit court of appeals, which oversees the federal court in Washington, DC.

You'll recall from another hot take that we did where we discussed all of these issues. It's why special counsel Jack Smith filed a notice to the court saying that you should adjudicate the issue of presidential immunity first and right away, because Donald Trump does have a right to appeal that. And he's certainly going to play games with that. So judge Chuck and make a ruling on that. Judge Chuck and made the ruling on that on December 1st. Now what Donald Trump is arguing is in addition to the appeal, he claims based on two cases that he cites in this motion for a stay. And on that basis says he's not even participating

in the criminal case anymore, he's not showing up, he's not doing things, he's not going to even respond to special counsel, Jack Smith. That's essentially what he's saying here. He's saying based on these two cases, the DC federal case involving his attempt to overthrow the results of the 2020 election, which is scheduled for trial in March of 2024, where jury notices are already starting to go out and question heirs are going to be going out soon. Donald Trump says that that must be halted. That must be stopped or paused or stayed until the DC Circuit Court of Appeals finally adjudicates the issue of absolute presidential immunity in a criminal case and only upon that adjudication of Judge

Chutkin's order going to the DC Circuit Court of Appeals. Only when that is resolved can the case in federal court, Washington, DC continue to proceed to trial whenever that is? In other words, Donald Trump is this. We said he was going to do this, delay, delay, delay, and try to block the DC case from proceeding to trial on March. It's all a delay tactic. And that's why he said he filed those flurry of motions to dismiss, not because he thought he was going to win. But when he lost, he wanted to make the argument that that should somehow derail and stay and stop the federal trial from going forward in March of 2024 until the DC Circuit Court

of Appeals. Here's his frivolous appeal on the issue of absolute presidential immunity. Did you know that poor sleep can cause weight gain, mood issues, poor mental health, and lower productivity? Sleep is the foundation of our mental and physical health and performance in our days. Having a consistent nighttime routine is not negotiable.

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and why it's trusted by the world's top athletes and business professionals. If you want to try Beams best-selling dream powder, take advantage of their biggest sale of the year and get up to 50% off for a limited time. When you go to shopbeam.com slash legal AF for up to 50% off. And when I say a frivolous appeal, we now know the DC circuit court of appeals has ruled, has established precedent on the issue

of absolute presidential immunity related to Donald Trump, surgically related to him in his conduct relating to the January 6th insurrection and Surrounding thereof how do we know that on December 1st? They issued the ruling in Blasen game versus Trump remember I said that earlier in the video where they found that there was no Absolute presidential immunity in a civil context. So if they found there to be no absolute presidential immunity in a civil context, the criminal context, they clearly are not going to find absolute presidential immunity for former presidents

in a criminal context. They've established that precedent already. Nonetheless, in this motion for a stay, and it's an opposed motion for a stay, special counsel, Jack Smith is opposing this motion. They cite Trump's lawyer site, blasting game, the case that says he has no absolute presidential immunity as the basis for his stay request. Take a look. Donald Trump cites two cases right here. It says Donald Trump respectfully submits this motion for an order enforcing an automatic

stay of all district court proceedings. In this case, pending the final resolution of his recently filed appeal from the district court's December 1, 2023 ruling on interalya among other things, presidential immunity and double jeopardy. The filing of Trump's notice of appeal has deprived the court of jurisdiction over this case and its entirety pending resolution of the appeal. Therefore, a stay of all further proceedings is mandatory and automatic Donald Trump argues. And he cites blasting game V Trump

and another case called Coinbase versus Bielaski as the basis and as the precedent. Let me be clear. Coinbase versus Bielaski, that case right there involved an arbitration provision and the determination on arbitrability. And there the Supreme Court held in a ruling in June of 2023 that because arbitrability is a threshold matter that the district court case itself needs to be stayed pending resolution on an appeal regarding the issue of arbitrability.

It didn't, and the concept of arbitrability is a well-established concept, a principle. And so that case, though, does not involve presidential immunity, it involves arbitration provisions. Then Donald Trump cites a blessing game to stand for the proposition that merits-based discovery should not proceed in a civil case as a basis for an automatic stay in a criminal case. Blasting game stands for the proposition that Donald Trump's appeal is certifiably

frivolous, yet Donald Trump is citing the case that states that he has no absolute immunity as the basis for why the district court case before Judge Tonya Chutkin should be stayed while he appeals the issue of absolute presidential immunity to a court that just ruled he has none. That is the absurdity of what Donald Trump is requesting. And you see right here, it says last week in Blasting Game versus Trump, the DC Circuit made clear that official immunity issues must be resolved prior to the litigation and discovery on the merits. Imagine that Trump citing Blasting Game for the proposition

that official immunity issues must be resolved prior to litigation and discovery on the merits when he didn't say, well, actually, what Blasting Game stands for the proposition is that you don't have official immunity in this exact context. Then Trump goes, thus, in addition to the lack of jurisdiction, Blasting Game requires the court to stay all proceedings in this matter pending appeal, including but not limited to pretrial motions, defense disclosures relating to trial defenses and evidence, seep adherings and jury selection.

As a result of these authorities, all current deadlines must be held in abayance until at a minimum, the motion to stay is resolved. And then Trump says, Trump will proceed based on that understanding and the authorities set forth here in absent further order from the court. Trump saying he's not going to be participating in seepah hearings, jury selection, trial defense and evidence that he's out.

He's not participating. So now expect a scathing order from special counsel, jury selection, trial, defense, and evidence that he's out. He's not participating. So now expect a scathing order from special counsel, Jackson Smith. Expect Judge Chutkin to come down on the market. Can't you say, I'm not participating in the case absent a court order, but this is a direct challenge to Judge Chutkin's authority. We will keep you posted on what's going on and what the next steps are, but that's where we're at right now. I'm Ben Mysellis, this is the Midas Dutch Network.

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