Legal AF by MeidasTouch - Trump SURRENDERS and GIVES UP Lawsuit Against Judge who SCOLDED HIM

Starting point is 00:00:00 At Salesforce, we're all about asking more of AI. Questions like, where's the data going? Is it secure? Are you sure? Are you sure you're sure? Get answers you can trust from Salesforce at AskMoreVai.com. So Michael Popok, legal AF Donald Trump's on the run. This is now his second case that he is dismissed because he's going to be on the losing

Starting point is 00:00:20 end of whatever motion or lawsuit he has filed. He's now just today dismissed through stipulation with the New York Attorney General, the suit that he brought under an arcane set of statutes in New York Article 78 to sue the trial judge in his fraud case, judge Angora, on directly, to try to, apparently, according to the article 78 petition that was filed, in order to get the appellate court, who is ultimately the bosses for the trial judge, in this case, the first department appellate division that sits in Manhattan, to stop the judge from ruling on the motion for summary judgment that was pending filed by the office of Attorney General, the Tisha James,

Starting point is 00:01:06 to try to have the court without a trial rule that there was a persistent fraud and that there should be remedies related to that. And so they ran to the Appellate Division with an Article 78 petition suing judge and gore on. I've been doing this 32 years. You don't sue the judge. I'll just leave it at that. Making the argument that, oh, please make him stop. Don't don't let him rule on the summary judgment. Tell him he's got to look at things in papers over

Starting point is 00:01:35 the next three weeks. And we don't think he's going to rule appropriately. And we have that fear. Please stop it. This is not grounds for an article 78. You know, your fear that the judge may do something, the judge, you think the judge needs more time to do something. You know, if you think he made an error and it's reversible, you take an appeal. Short of that, you don't take a pre-appear, you know, anticipate your argument. And so the, the, a pellet division sort of ignored

Starting point is 00:02:03 the petition to be frank. They didn't set oral argument. They didn't take it up on an emergency basis. And so the appellate division sort of ignored the petition to be frank. They didn't set oral argument. They didn't take it up on an emergency basis. They didn't set a briefing schedule. It's really just been sitting there in an embarrassing fashion for the lawyers for Donald Trump. He could have done a lot of other things.

Starting point is 00:02:16 I'll talk about them on another hot take. File a motion for stay with the trial judge. File a motion for stay with an emergency basis with the appellate court, but Article 78 sue your judge. And so they sort of figured out that that is dead on arrival. And they should probably put their eggs in another basket. And so today we get a filing. Now it's not just a unilateral stipulation by one party. It's a joint stipulation, Office of Attorney General Signature on one side, Donald Trump

Starting point is 00:02:44 on the other will put it up on the screen here. What that means is that the parties have agreed, in other words, the OAG won't seek fees and costs as it relates to this dismissal because she just wants the case dismissed and get rid of it, one less thing for her to have to deal with. It says in there, very interesting, they want to give themselves some cover as if there was some procedural reason that they dismissed it, not because they're running scared.

Starting point is 00:03:08 And so as cover for the running scared narrative, which is true, they put it apart in there. That's not true. It's technically true, but not something that matters. And the New York Attorney General, I'm sure, who negotiated over and labored over the words smithing of this document was like, who cares, right, what you you want as long as it's accurate

Starting point is 00:03:26 The part that they wrote to give themselves a fig Lee for cover is that Judge Angora did not appear in the proceeding and therefore since he did not appear in the proceeding dot dot dot We're dismissing it. Okay. That's a complete misstatement of the statute The statute does provide that the trial judge who has been sued under Article 78 does not have to appear. And if he doesn't appear, two things happen. One, he is bound by whatever rulings the appellate court makes. That's okay.

Starting point is 00:03:55 I'm sure Judge Engoron placed his fate in the hands of five justices of the appellate division. That's fine. A lot of them were his friends. Some served with him in the trial court level. I don't think he cared about that. And he's in everything that is in the petition is automatically deemed deemed denied. Boxing streaming services that exercise app to show your friends you bike 20 miles in the rain and your hometown newspaper for that one homecoming game score. and your hometown newspaper for that one homecoming game score? There are subscriptions for everything these days, and sometimes it feels impossible to keep tabs on what you're paying for every month.

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Starting point is 00:05:46 Stop wasting money on things you don't use. Cancel your unwanted subscriptions and manage your money the easy way by going to rocketmoney.com slash legal AF. That's rocketmoney.com slash legal AF rocket money.com slash legal AF. And so judge and Goran was okay for that. He didn't need to have lawyers for the court system appear and defend him, file papers. He knew the New York attorney general was going to properly litigate that case for him. And so it really was a non-issue.

Starting point is 00:06:18 No one ever thought that judge and Goran was going to quote unquote appear in the case. And he didn't, but they cited that in this depulation. Aha, judge and Goron didn't appear. Because you know they're gonna go on social media and say, and Goron was a coward. He didn't appear. He was afraid of our suit. And therefore we dismissed it.

Starting point is 00:06:36 See, this doesn't make any sense. That's why we have to call it out here on the Midas Touch Network on legal AF because he'll get away with to the uninitiated, he'll get away with arguing, I won, Judge Engoron didn't appear, so I dismissed it. Makes no sense, not logical, it's not coherent, it doesn't track, but that's what he'll argue.

Starting point is 00:06:57 What really happened is he knew he's on the losing end of an article 78 attempt to take a shot at the judge, and because all of the relief he was seeking by the, by the, uh, a pellet division has already been mooted, right? Because, uh, the judge took action. By the time he got around to filing the article 78, a few days later, the judge ruled against him on the summary judgment and found as a matter of law that there was persistent fraud forever in the operation, or at least for the statute of limitations, period of six years, in the operation of all

Starting point is 00:07:31 Trump businesses by Trump executives, including those that have his last name and his face. So there was nothing left for the Epelec court to do. The judge had already ruled on some rejudgment three days later. He's been handling this case for over a year. He knew the facts in and out. There were dozens of earrings. There were dozens of deposition transcripts that he's read or video depositions that he's seen. There's nobody more prepared to rule on emotion for summary judgment than this judge and Goran. I practice regularly in the New York Supreme Court, which is the trial level court. I regularly practice where there's summary judgment issues up for grabs. I will attest. I will swear the judge and Goron had more information and more preparation to rule on the

Starting point is 00:08:20 summary judgments before him than probably any other Supreme Court justice, Supreme Court judge in the New York court system. He just been schooled and learned, learned over the last year in the case, period. And so this is not a victory for Donald Trump, no matter how much Stephen Chong is spokesperson or Alina Haban, some right wing news channel is gonna spin it.

Starting point is 00:08:45 He's on the losing end. That's why he dismissed the Cohen case to avoid the deposition this weekend. And that's why he just dismissed the article 78. He'll dismiss, he'll deny, he'll settle, he'll run, he'll avoid, he'll do everything but have success in the courtroom. We'll continue to follow that here, one place,

Starting point is 00:09:04 exclusively on the Midest Touch YouTube channel. That's where I do my work, at least when I'm not being a practicing lawyer for the last 32 years. And then on Wednesdays and Saturdays, we pull it all together with a podcast, we call Legal AF. Yes, it's exactly what you think. That's on Wednesdays and Saturdays on this YouTube network for the minus touch network and then on audio podcasts where we can find them. Until my next hot take, until my next legal AF, this is Michael Popak reporting. Hey, MidasMidis, love this report? Continue the conversation by following us on Instagram, at MidasTouch, to keep up with

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Legal AF by MeidasTouch - Trump SURRENDERS and GIVES UP Lawsuit Against Judge who SCOLDED HIM

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