Legal AF by MeidasTouch - Trump THREATS Backfire as Prosecutors TAKE HIM DOWN

Episode Date: October 1, 2023

Ben Meiselas and Michael Popok are back with a new episode of the weekend edition of LegalAF. On this episode, they discuss: Special Counsel Jack Smith’s continued efforts to obtain a gag order from... DC Federal Judge Chutkan against Trump including submitting new evidence of Trump attacking (and violently threatening) witnesses; Judge Chutkan denying Trump’s efforts to remove her as his judge; a New York state supreme court judge finding that the NY Attorney General has proved that Trump and all his executives have committed Persistent Fraud and ordering that all his companies be placed in receivership, in advance of Monday’s trial on the remaining insurance and business fraud and conspiracy claims and the State’s requests that Trump be banned from buying property or getting loans in NY and that he cough up to a Billion Dollars in fraudulently obtained monies; developments in the Georgia Election Interference criminal case, with one of Trump’s co-defendants pleading guilty and becoming a Witness for the Prosecution against Trump and the others, a Georgia Federal Judge rejecting the last attempts by some of them to take their case to Federal Court, as Trump waves the white flag and declares that he is staying in state court to have his crimes tried, and other breaking legal news from around the US. DEALS FROM OUR SPONSOR! MIRACLE MADE: Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGLAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. BEAM: Get up to 40% off for a limited time when you go to http://shopbeam.com/LEGALAF to try Beam's best-selling Dream Powder! SUPPORT THE SHOW: Shop NEW LEGAL AF Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:00:45 We start in Washington, DC, where federal judge Tanya Chuck in denied Donald Trump's motion to recuse her in the federal criminal case involving Trump's attempt to overthrow the results of the free and fair election in 2020. Then, special counsel Jack Smith filed a blistering reply brief calling out Donald Trump's threat to execute General Mark Milley and calling out Trump brandishing a gun in violation of the terms of his release. Judge Chutkin has set a hearing date in mid-October. Next we go to New York where a state court judge Arthur
Starting point is 00:01:25 ingoran granted partial summary judgment in favor of New York attorney general litusia james against Donald Trump finding that Donald Trump his adult kids Don junior and Eric and all of their businesses engage in a systematic fraud and ordered that the Trump organization business licenses be canceled and the Trump organizations be dissolved in other words the corporate death penalty But we are not done there the appellate division first department denied Donald Trump stay request to delay the trial in this matter so trial will start on October 2nd on this matter. So trial will start on October 2nd on the remaining causes of action and issues against Donald Trump and other defendants for example, Disgorgement, which is the monetary damages. How many hundreds of millions of dollars or potentially even billions of dollars
Starting point is 00:02:20 will Donald Trump have to repay for all of the fraud he has committed over these years? And in a filing against Michael Cohen in the Cohen Trump case, Trump claims he's going to be attending the New York Attorney General trial the first week, but I don't know, Popak, I think that he's a liar about everything, including that. And finally, we go to George, the peach state where things aren't very peachy for Donald Trump, and his co-defendants as the Fulton County District Attorney, Fonnie Willis and her team have been flawless.
Starting point is 00:02:54 One of Donald Trump's co-defendants in the Rico case has pled guilty just in time to testify at the first trial involving other co-defendants of Donald Trump, Ken Chesbro, and Sydney Powell, which is set to take place in October, right around the corner. Also, you had one of Donald Trump's co-defendants, Jeff Clarks, removal requests to federal court was D9 and Judge McAfee, the state court judge, has become a commanding law and order presence in the courtroom, Washington DC, New York, Georgia,
Starting point is 00:03:31 Justice across America just in time. I've been my cell is joined by Michael Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope, Pope Pope, Pope Pope, Pope Pope, Pope, Pope Pope,, Pope, Pope Pope, Pope Pope, Pope,, Pope, Pope Pope, Pope Pope, Pope Pope, Pope Pope,, Pope, uh... that on our legal a f shows we would be covering a situation where a special
Starting point is 00:03:45 council would have to call out the behavior of a former president who threatens to execute america's top military official while brandishing a gun in violation of the terms of the indictment release no i think uh... what we're seeing at this intersection of law politics, and I now have added the corner of justice that you and I sit out along with Karen, as we're seeing Trump and its accomplices, his enablers, his attorneys, being brought to justice and if not to their knees for what he allegedly did, if 2023 was the year of investigations and indictments, 2024 will be the year of
Starting point is 00:04:28 criminal trials. But we're in, you said, you said October 2nd, Monday, we're recording on a Saturday, Monday is a major trial that we've given a lot of attention to. We'll talk about it here on the podcast from the New York Attorney General, but could be the singularly most devastating event in Donald Trump's life short of going to jail, which is the complete and utter destruction of his business empire and his ability, not just to discourage money that he's already made illegally, which is that somewhere between $250 million and a billion, depending upon interest rate, pre-judgment interest rates, and the amount that she actually goes for, New York Attorney General, Titian James, and her team at the trial that starts on Monday, but also his ability and his family's ability to generate new money on a go-forward basis.
Starting point is 00:05:22 It's not just about taking money out of his bank account to pay to the victims and to the people of the state of New York. It could cripple his ability to ever raise or make another dollar again. That's how serious that particular case is. And that stands and start contrast to what happens in criminal court. Criminal court, we want to see him behind bars
Starting point is 00:05:44 if he is guilty. For sure, for various periods of time, depending upon the laws that he's violated. But the thing that the courts can't do, except in areas of restitution, to bring money back to victims. And the crimes we're talking about here, in the election cases, the victims are the American people.
Starting point is 00:06:01 So it's not really a money case in that way. It's a democracy case. But in the civil fraud type cases, like the ones brought by New York Attorney General, that's just money and blow in a hole in the entire empire of Donald J. Trump. You make a great point, you know, when you talk about what are people afraid about at the kind of high level decision where people have discretion? Do I prosecute? Do I not prosecute? And what the overall kind of fears are.
Starting point is 00:06:34 Look, if we hold certain people accountable, what's the consequence going to be? And I think what we are seeing is number one, the importance of holding people accountable. That is paramount. And we see prosecutors at the federal level and state level doing that. What we also see though, is the consequence of that. So Donald Trump threatening to execute a military leader, Donald Trump, brandishing a weapon, Donald Trump ordering mega Republicans in the House of Representatives to shut down our government to inflict pain and suffering on this country to inflict chaos and division in this country.
Starting point is 00:07:21 Make no mistake. The root of that is that fascism is being held accountable. And it is lashing out. It wants to cause suffering. It wants to cause pain. That is what we are seeing right now. And it is so vitally important that from the perspective of justice and accountability, we stay the course. Let's talk about what happened in Washington, DC, Michael Popack, where we've covered on prior episodes of Legal AF, the various motions, oppositions, reply briefs, where Donald Trump tried to get Judge Tanya Chutkin recused. Donald Trump argued bizarrely and frivolously that intrajudicial statements made by
Starting point is 00:08:08 judge Tanya Chutkin during sentencing of insurrectionists constituted, he says extrajudicial statements because Donald Trump said that she must have conducted research on me through reading newspaper articles and therefore formed a bias against me. And I would be prejudiced if she remained the judge. Notably, Donald Trump waited to file his recusal motion until after Judge Chutkin set a trial date for March of 2024, special counsel Jack Smith had filed an opposition, stating these are intrajudicial statements. Judge Chutkin was duty bound in these various other cases. She presides over as a federal judge
Starting point is 00:08:52 that involved insurrectionists who argued that they were just simply following Donald Trump's orders to address what the insurrectionists who were being sentenced were arguing to her. And Judge Chut and rejected those arguments, but simply restated and acknowledged the arguments that were being made. She performed her job that she was duty bound to perform. There is no evidence at all that there would be prejudice to Donald Trump.
Starting point is 00:09:18 So that was basically the briefing. What was the ruling Michael Popack? Yeah, the ruling was that she is not going to recuse or disqualify herself Which is what you and I had accurately predicted because there's no grounds to do it You've got to show such a level of bias and the the inability of the defendant to get a fair trial in front of a judge Because she's made up her mind about that particular case before she's entered the room And there's just no evidence to suggest that particular case before she's entered the room. And there's just no evidence to suggest that Tanya Chutkin, a very well-respected jurist, who has, along with dozens of other DC circuit court judges, has been presiding over,
Starting point is 00:09:57 you know, we've been talking about the 1500 arrests and more to come by the Department of Justice against Jansick's insurrectionists, and the hundreds that have been brought to trial either through a bench trial, meaning in front of a judge like Judge Judkin or through a jury trial. And then the next phase of that three or four months later is the sentencing of that person under the federal sentencing guidelines with which the judge controls. And so there's plenty of opportunity for the judges before she even, this particular judge, or any judge on the DC Circuit,
Starting point is 00:10:30 because if she's disqualified, they'd all be disqualified, because she hasn't done anything differently than all the others that are presiding over the same cases involving Jansik's insurrectionists, many of whom tried to blame their fearless cult leader, Donald Trump, for the reasons that they were an insurrectionist, either at trial or during their sentencing to try to get leniency from the judge. So unless you have the law, the precedent on your side, to disqualify the entire bench
Starting point is 00:11:02 of the DC Circuit Court and get the case transferred somewhere else, which is not happening for Donald Trump. Then you are going to have a judge who has some sort of knowledge from prior cases that she's not a computer. She doesn't, she's not required to delete her memory banks before she goes into the case with you or lobotomize herself or takes a sort of amnesia drug.
Starting point is 00:11:28 She's allowed to take whiter from case to case the information or knowledge that she's obtained as long as she doesn't use it against the witness or the defendant in this case and hold it against him and prejudge the case in front of her for Donald Trump. That she made in two sentencing decisions for a guy, an insurrectionist named Palmer and an insurrectionist named Priola, and commenting back to arguments made by their lawyers about Donald Trump and other people, you know, above the pay grade of their insurrectionist clients, making them do it, she's allowed to make those statements.
Starting point is 00:12:05 It comes from inside the court, meaning what you said earlier, been intra-judicial statements. Intraditional statements are sort of specially protected, magically protected. You get to do and say a lot of things within a courtroom, both the litigant side and the judge side,
Starting point is 00:12:23 and they are protected through various immunities and privileges. And if you say something outside, if she's at a cocktail party and she says something to somebody next to her about, oh, this Trump guy's, he's toast. I'm ready.
Starting point is 00:12:36 I don't even need a trial. All right, then we would all here on legal AF support her being removed if she didn't voluntarily do it, but that's not the case. It did give the judge the opportunity, not only to kind of flex your muscles a little bit, to remind the defendant, Donald Trump, who's in charge here, who sits on the higher level bench above all in a courtroom, and that's a federal or any kind of judge who has the American flag behind them and who is there to do justice.
Starting point is 00:13:05 That's the judge, not the former number 45. And I liked in her order, Ben, I know there's a lot of things in it. I'm sure you liked, but what I liked particularly was her comparison to the Watergate era. I talk a lot about it here on LegalA after I mind people a little bit of a history. This is not the first corrupt president. It is the most corrupt former president we've ever had, but not the only corrupt president we've ever had that was staring down the feral criminal indictment
Starting point is 00:13:32 and had many people in his administration, including his attorney general, go to jail. That other honorable, dishonor belongs to Richard Nixon. But she said, look, there were plenty of Nixon administration people and others who were brought before the DC Circuit Court in the 1970s, 73, 74, and 75, including Judge Sirica, a lion of the bench, both in DC and other places, who presided over a number of these cases. And eventually, they tried to get rid of Sirica, because like not, the same way Trump doesn't want
Starting point is 00:14:08 Chutkin, Sirica was very hard on the Watergate defendants and they all got convicted. So they couldn't wait to get rid of them. And so they argued, well, he's developing opinions and biases as he's ruling on these other cases. And there is very good precedent that she cites, and if I can find it without fumbling around here, that she cites as the reason, the very reason she should not allow
Starting point is 00:14:33 a defendant to weaponize the motion to disqualify. In other words, get rid of just whoever you want. So she said in the Haldeman case, which was the attorney general like Bill Barr, right, whether we keep talking about but for Nixon. She said in that case, US versus Haldeman, which is very instructive, the circuit reviewed a recusal motion against district judge Sirica, filed by defendants who were being prosecuted for the participation in the Watergate conspiracy. The judge goes on to say here on page 15, the motion relied in relevant part on statements made by Judge Serica in prior cases involving other Watergate defendants.
Starting point is 00:15:12 Sounds almost on all fours of what we're talking about here Ben. In particular, Judge Serica had during those earlier proceedings, quote, expressed the belief that criminal liability extended beyond the seven persons they are charged, and even suggested persons whom the prosecutors might consider calling before the grand jury, because there the judge was telling the prosecutors, you know, your grand jury is still open.
Starting point is 00:15:34 Why don't you bring a few of these people in? The circuit affirmed judge Siric's decision not to recuse himself, holding that his statements did not, quote, reflect a disqualifying state of mind, and observing that no disabling prejudice can be extracted from dignified, though persistent judicial efforts to bring everyone responsible for Watergate to book. That is what she's hanging her hat on. She's going to bring all responsible, including the guy in front of her Donald Trump. If the evidence says that, she's going to bring him to book and have the jury do it. We're going to talk next about all the things that Donald Trump is doing to try to screw
Starting point is 00:16:16 up the jury process. Absolutely. And Judge Chutkin set a hearing for October 16, 2023 at 10am to address special counsel, Jack Smith's request for a limited gag order. It's actually phrased as a limitation on extrajudicial threats to prosecutors, to the judge, and to witnesses. Now, you would think it would be a relatively non-controversial topic that all parties should stipulate that extrajudicial threats against the judge, the prosecutor, and witnesses should not take place. But Donald Trump opposed that motion. And in what read more like a fascist press release than an opposition, Donald Trump's
Starting point is 00:17:06 lawyers, and here is the baffling thing, you know, these lawyers who, well, it's not because all of Donald Trump's lawyers completely and utterly sacrifice their reputation for the make attorneys get attorneys crew, but it still shocks me that lawyers, people who have a bar card, people who had decent reputations before this would file things that say Donald Trump has never made a threat before. Donald Trump has never intimidated anybody before and that this is the Biden administration attacking Donald Trump. That's what they put in this motion and in the initial filing by special counsel jacks
Starting point is 00:17:48 But he had all the receipts that existed up until the point of the filing for the motion for this limited gag order So where Donald Trump says I'm coming after you if you come after me or saying things like little Mike Pence has gone to the dark side Well, since the opposition brief, there's right there. If you go after me, I'm coming after you. Since the opposition brief was filed by Trump's lawyers, and even after Judge Chutkin set this hearing for October 16, 2023, Donald Trump engaged in more threats, and special counsel Jack Smith filed a reply brief that included such things as the threat to execute Mark Milley, America's former top general, and a witness in the case. That needs to be important, a witness who's
Starting point is 00:18:39 named in the indictment that was unsealed before Judge Chutkin, Donald Trump threatened to execute him and said to be continued with the threat of execution. Also, Special Counsel, Jack Smith in a footnote, why you got to read the footnote, folks, also showed the photograph and mentioned how Donald Trump held this gun while he was in South Carolina, and that would be a violation as well of the terms of release. And so, I wanna hear your thoughts on this hearing, but I have no doubt what Judge Chutkin's going to do
Starting point is 00:19:15 on October 16, 2023 is go to Trump's lawyers and say, really, you're okay with this. You think this is not a threat. You think this is not a threat. You think this is not a threat. You think this is not a threat. You think these types of communications are appropriate. Get them in a courtroom. And as we say here all the time on legal AF,
Starting point is 00:19:36 put those lawyers right there, question them, grill them. And let's see what they have to say when they are in a place where accountability and facts actually matter. Popok, what are your thoughts? Yeah, I think they're in deep, deep crap. The last time we saw a judge force people to go to a courtroom for what could be a dress down before a very serious adverse ruling was judge Barrel Howell, who made Rudy Giuliani
Starting point is 00:20:03 and his lawyer not just phone it in, not just zoom it in on a hearing, because you know, just to let people know, Ben and I practice, Karen and I practice, we'll practice, but a lot of things post COVID, we're able to do by Zoom. I just did a trial last week in New York State Supreme, the court we're gonna talk about,
Starting point is 00:20:22 related to Judge Angora and Donald Trump. I did that by a Zoom platform, you know, with an opening statement across the exam and in key witnesses. And so, for a federal judge these days to say, no, no, I want to see you in my courtroom. I'll be up on the bench. You'd be down a council table and let's talk about what's going on. That's not a great sign for them. They don't have to bring Donald Trump with them, although she could have ordered that as well to be frank.
Starting point is 00:20:48 But she wants the officers of the court who have sworn a duty, as you said, Ben, they carry a bar card. I was gonna try to find my bar card during a break and show people what it looks like, at least for one of the bars for which I'm a member. They have a lot of problems here. As you and I accurately predicted
Starting point is 00:21:03 in various hot takes on legal AF, the Kristen Welker interview on Meet the Press both the nine minutes that was X that was edited out that we've now seen I did a hot take on the nine minutes missing nine minutes and at least two of those minutes are relevant to Jack Smith and Fonney Willis' prosecutions, although I don't think they actually cited, they cited the Welker interview for sure. I don't know they cited the missing, what I called the missing two minutes. And then, you know, I did a hot take
Starting point is 00:21:31 and you did a follow up on, on General Mark Milley, who just retired with a powerful, I know it's up on the Midas Touch Network, a powerful speech, many parts of it directed at Donald Trump with Joe Biden, President Biden, sitting up on the stage as he retired after 44 years of service with all the military brass behind him. Lloyd Austin, the defense secretary who was one of his colleagues in armed in the wartime
Starting point is 00:21:59 during Iraq and Iran. He said, and I know you, I think you're showing the clip on the Midest Touch Network, Mark Milley, General Milley said that the military doesn't serve any individual. It doesn't serve a cult, it doesn't serve a religion. It serves the US Constitution only and it won't bow to any dictator or wannabe and he emphasized and leaned into wannabe wannabe dictator. And that was Donald Trump and that was his payback for Donald Trump. Mark Milley is not just a witness in the DC case, the election interference case. He's also a witness in the Mara Lago case, but because everybody should
Starting point is 00:22:47 remember that in Bedminster, it was the reason that Donald Trump has a new charge against him related to Bedminster. And his golf course is because to pay back Mark Milley for an article that had appeared at the time, the New Yorker magazine, which Mark Milley said that the thing that stood between the United States and a possible nuclear war with China was Mark Milley himself making a phone call to his counterpart in China, telling him, don't worry, Donald Trump's finger
Starting point is 00:23:20 is not hovering over the nuclear button. We got this as the military, an extraordinary statement. And of course, Donald Trump hated that. Subsequently, we just had an article, I did a hot tick on it in the Atlantic magazine, in which called the Patriot, in which Mark Milley is declared by the editor and chief of the Atlantic magazine to have done more to protect democracy than any American probably ever has, at least in recent history, and certainly more than any other of the 20 joint chiefs of staff have done. He's a witness in Bedminster because there you have Donald Trump pointing to classified
Starting point is 00:23:57 top secret documents that he withheld kept stall and then was showing it to people to say, to try to undermine Mark Milley with war maps and other. That was him, not me, and pointing to things, and that's why he's been in dice. You've got Mark Milley, certainly a witness in Mar-a-Lago, but they're not gonna run to Canon for anything, because Canon is not considering a gag order. Chutkin has been clear, Judge Chutkin has been clear
Starting point is 00:24:21 from the very beginning, from the get-go. The administration of justice is her number one and only priority. Everything else takes a back seat. That includes the First Amendment rights of somebody like Donald Trump, even if he's running for office. She's gone as far as to say in prior hearings. I don't care what his day job is. I don't care that he's running for office.
Starting point is 00:24:44 I have the administration of justice to protect. And that's what the Department of Justice is leaning into through Jack Smith in their filings. And Donald Trump, as you and I predicted, is just handing them gift after gift, the welker interview, calling for the assassination and hanging of Mark Milley, going after Mike Pence, going after Bill Barr.
Starting point is 00:25:04 These are people that he knows are witnesses in the case. And Jack Smith said in his reply brief, which is really a whole nother brief. It's really, yes, it's a reply based on new evidence, but it's like almost new argument, a revised argument, which they can really lean into, which is to say, look, we get that he's running for office, but there is no def criminal defendant that would be allowed to do what Donald Trump is doing, hint, hint judge, make it stop. And reminding the court, we're only asking for two very limited things.
Starting point is 00:25:38 You and I talk about it like the gag order. The first, the first part of it is to stop outside courthouse statements being made by Donald Trump and anybody associated with them to attack jurors, future jurors that not not even the judge, the prosecutors and witnesses seems eminently reasonable. Got a lot more reasonable because Donald Trump just asked for the hanging and assassination of a former five-star, four-star general, who's a witness in the case. Also asked that when we get around to doing a jury study to figure out who should be on the jury pool, that be supervised by the judge. It is reasonable, and the judge is going to find that. And one last thing about what the judge is going to do with the lawyers in front of them for Donald Trump,
Starting point is 00:26:27 who I'm sure she's not going to be happy about, putting aside that there's been attacks and she knows about it, although it wasn't in Jack's papers, on Fawni Willis and her prosecutor team in Georgia, racial violent attacks, calls for assassination, home addresses being given out. The judge, Chutkin, we know that there's been an attempt, a phone call made to her chambers by a crazy person who's now been picked up by the Secret Service and by the FBI threatening
Starting point is 00:26:54 to kill her and her staff. So she knows that there is this atmosphere generated by Donald Trump to try to corrupt the justice system and she can't allow that. She said in the past, and I want to see how this come, I want to get your opinion on it, if it comes up in this hearing, she is said in the past, basically, if I can't figure out a way to control this person, the Donald Trump that's in front of me with orders, then I'm going to speed up the trial even faster. Now she set a March trial date,
Starting point is 00:27:25 which left a lot of us court observers head spinning like, wow, that's really fast, given the size, the mega size of this case. So the question for you is, well, you and I agree. She's going to sanction him, and I think she's gonna enter this order, this reasonable order. May add a couple of things to it.
Starting point is 00:27:43 Do you think she does anything with the trial date? Given the reality is, you can't control Donald Trump, unless you're willing to find him in contempt and put him in the federal detention center. I don't, and here's why I think the March 2024 trial date is a pretty aggressive trial date to begin with and necessitated because of Donald Trump's behavior and his threats.
Starting point is 00:28:10 But certainly as Donald Trump tries, delay tactics like he just filed a brief also before Judge Chutkin to try to delay dispositive motion briefings by 60 days from an October deadline to December deadline. It's very easy for her now to reject things like that and say, I warned you, I told you what I was going to do. I'm not extending any deadlines and you are to blame for that for your behavior. It is so vitally important that that trial take place in March of 2024 and not be moved.
Starting point is 00:28:48 I'd like to have it go sooner, but any movement of that date that can actually potentially backfire, I would worry about and then can, you know, he try to seek an appeal and then utilize that for delay. So I'm happy with the March date. Justice necessitates that March date. And I want to say this as we move on to the next segment. I don't want anybody to ever get numb about some of those things that we were saying in that first segment that you have Donald Trump threatening to kill an American hero, an American military general. And by the way, there's other posts where Donald Trump then attacks his former secretary of defense. Mark Esper as a woke fool.
Starting point is 00:29:36 Folks, there's none of this behavior is normal. Do not be numb by it. And please make sure that you are educating others around you. I know legacy media is not doing its job to shed a light. It's annoying that that's the case, but it doesn't matter. They're worthless at this point. The most important thing is you and your ability to register voters to share the message, to subscribe to the show, to share the show. If you want assistance in how you message it, just tell people to watch this first segment
Starting point is 00:30:14 and we're just messaging it based on the facts and what went down. We have a lot more show. I want to remind everybody as well about our vibrant Patreon community. We're on our way to 5,000 patrons. And if you want to know, is it worth it to join patreon.com slash might as touch spelled P-A-T-R-E-O-N dot com slash M-E-I-D-A-S T-O-U-C-H? Just look in the comments below. I would tell all of our patrons who are here, share if you like that experience, if you think the content there is worth it. We spend a lot of time building that. We don't have outside investors on the Midas Touch Network.
Starting point is 00:30:58 So one of the ways we build it is through our Patreon and we have exclusive content like after shows. You can learn the origin story of Michael Popeye Karen Friedman Agnifolo myself. We share a lot of very candid candid stories there show other exclusive footage and it helps grow the platform that's patreon.com slash might as touch and look in the chat and you can see other sharing their experience. We'll take a quick break when we get back. Let's talk about the corporate death penalty order handed down by judge Arthur and Gora. Stay quick break. Did you know that your temperature at night can have one of the greatest impacts on your
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Starting point is 00:35:06 If you want to try beams best selling dream powder, get up to 40% off for a limited time when you go to shopbeam.com slash legal AF and use code legal AF at checkout that shop B E A M dot com slash legal AF and use code legal AF for up to 40% off. Welcome back to legal AF. We are live. Thank you to our sponsors for supporting our unapologetically pro democracy content. We go from Washington DC to New York where state court judge Arthur and Goran granted partial summary judgment in favor of New York attorney general, Latisha James in the civil fraud case against Donald Trump, his adult kids Eric and Don Jr. and the various Trump related businesses,
Starting point is 00:35:59 including the Trump Trust, the Trump organization, and the various other business entities that are operated by the Trumps, this order, by Judge Ngoron finding systematic fraud over the period of time covered by the Statute of Limitations, resulted in a requirement that a few things now take place. Number one, the cancellation of Donald Trump and the Trump business licenses. Number two, an independent monitor will be appointed to oversee the dissolution of the businesses with the existing independent monitor
Starting point is 00:36:42 to start that work forth with and that process based on this order will start immediately, folks. The disinformation began right away by Donald Trump and his adult kids. They said, judging Gora and ruled that like Mar-a-Lago is only worth $18 million and it's clearly worth a billion. Judge Ingora looked at the undisputed facts. Judge Ingora looked at the deposition transcript of Donald Trump. He looked at what Donald Trump said the value of the properties were.
Starting point is 00:37:19 And because Donald Trump wanted to pay less taxes. Donald Trump and the Trump kids argued that the valuation of Mar-a-Lago in real time, not after the fact, in real time, to cheat on their taxes was valued at less than $26.6 million. They appealed and appraisal by the tax assessor, putting it at $26.6 million. And what the Trumps would do on their various properties is they would try to get all of these tax benefits. Take Mar-a-Lago, for example, where they would ask for all of their, there it is right there.
Starting point is 00:37:54 Mar-a-Lago at tax time, Mar-a-Lago at loan time. And they would say there's all of these historical easements and preservation easements and incumverances and all of the things they placed on the properties so they could go to the tax assessors and they could say, look at all the things that we've done as a result, this property is worthless. And then they would remove the incumbenances in their own imagination when they would speak with banks to take out bigger to take out loans that were massive and had very favorable loan terms. They ran this scheme with all of their properties.
Starting point is 00:38:32 Judge Engor was simply citing the undisputed facts and went through each and every one of Trump's properties and what the undisputed facts say. When Donald Trump at his deposition says things like, I don't even look at the statement to financial conditions, I just view my properties like the Mona Lisa, I make it up and whatever and it doesn't matter at all because Saudi Arabia will just buy whatever I want them to buy. Things that Trump actually said in his deposition judge and go on banged his fists during the summary judgment hearing and was like, no, that's not a thing.
Starting point is 00:39:06 Enough is enough. You can't do that. So Popeye, tell us about the order, but where do we go from here? Yeah, it's hard to believe it was Tuesday with the order and Monday, just a day or so. This team is going to trial for the New York Attorney General against Donald Trump's lawyers. And apparently based on a representation, Donald Trump's lawyers made to magistrate Torres
Starting point is 00:39:32 in Florida involving the Michael Cohen case, Donald Trump is going to appear and needs to be there for strategy in the New York Attorney General trial in front of Judge Angkoron, because it's a bench trial, not a jury trial, starting on Monday. We'll see. There's been reporting that it's news to the court system that Donald Trump is coming and that if Donald Trump comes with all of his black SUVs and need for a secret service security
Starting point is 00:39:59 details, there hasn't been any coordination for his arrival on Monday. So we will follow closely whether he arrives on Monday. It's not a televised trial, but there'll be people court watching in the courtroom. We'll be able to report on it. And then of course, if magistrate Torres was misled, meaning you've lied to a federal judge, that's a problem and we'll deal with that at the appropriate time. There's, I know there's a betting line as the weather Donald Trump's going to show up at all, but let's talk about what happened on Tuesday, what didn't happen on Tuesday, and what is left to be tried starting on Monday. The way it works in
Starting point is 00:40:34 New York with the New York Attorney General since 1956, everybody that occupies that chair has some of the most powerful robust muscular laws that they can use against fraudulent business activity in the state. In the state of New York where I practice, it's called persistent fraud and it's under an executive law called 63-12. We call it the 63-12 powers of the New York Attorney General. There's another set of powers that that person has under what's called the Martin act which has to do more with securities fraud, but in this case it's persistent fraud. And ironically as noted by judge and
Starting point is 00:41:13 Gauron in his own opinion, the development of the precedent in the area, the legal precedent in the area about the application of 6312 to fraudulent businesses just like the one here, the Trump organization, Trump, and all of his executives, including those that have his last name, comes from a prior Trump case involving Trump University in which the then New York Attorney General Schneiderman in 2016 established in a case before the appellate court that you and I are going to talk about that sits over Judge Eng go on the New York first appellate division The first appellate division in 2016 and the in the Trump University case said that there can be what's called a stand-alone 6312
Starting point is 00:42:00 persistent fraud claim that the attorney general didn't have to have persistent fraud claim that the attorney general didn't have to have individual claims for like, although she has that here, insurance fraud, business record fraud, financial statement fraud, they can just have a one count, you're committing persistent fraud. And the uniqueness of that is that particular count does not require the New York Attorney General to prove intent or materiality, meaning you don't have to show that they intended the persistent fraud, just that it is objectively, reasonably assessed, a persistent fraud, and you don't have to show that anything that they did was material, meaning it led somebody else to do something like a bank or an insurance company because things that are immaterial, you don't we don't normally prosecute or
Starting point is 00:42:51 sue over under the standard of materiality, but but the standalone first count in the complaint that she filed a year ago, just a reminder, justice does move quickly. She filed that suit New York Attorney General attisha James against Donald Trump, Trump Organization, the CFOs, the executives, his trust that holds all of his assets just in September of last year. And she already got a judgment and we're looking at a trial to wrap this thing up for the billions of dollars that are at risk. That is velocity. In the 63-12 standalone claim, she also, like I said, she doesn't have to prove those two elements
Starting point is 00:43:31 and that could be the end of the case, but that's not all. She also brought six other claims that have not yet been decided by Judge Encore. And it will start on Monday. Particularly, she brought a business record fraud claim and conspiracy related to that. They doctored the books related to the inflation of assets improperly and deflation of assets
Starting point is 00:43:55 to save money. Financial statement fraud, another crime in the state of New York, and the conspiracy around that. Insurance fraud, because they also overinsured property that wasn't worth it and took advantage of insurance companies as a result. So like if Trump Tower had burnt down during the period of time, they would have collected on money they weren't entitled to because the asset wasn't worth what they said that it was worth. And so those are her remaining claims. But what is the real, when the judge
Starting point is 00:44:27 granted summary judgment on Tuesday on the first claim, the standalone persistent fraud claim, he said, we got to go to trial on the rest. But I'm going to give her two of the nine things that she's looking for as a remedy for the persistent fraud. I'll do that right now on Tuesday. So on Tuesday, he did what you outlined Ben, he dissolved immediately upon the entry of that order on Tuesday, by Wednesday, all of the certificates of business and operation for all of those Trump organizations, the Trump org, the Trump Inc.
Starting point is 00:45:02 All the ones he uses to operate his business, there's dozens of them, all of them, the Trump org, the Trump Inc. all the ones he uses to operate his business. There's dozens of them, all of them, including the trust that operates in New York as a business for its assets, had its business license, its business certificates canceled, and then he ordered the immediate dissolution of those items, right? Put them into receivership. It's what it sounds like. It's almost like bankruptcy
Starting point is 00:45:25 and appointed a receiver, which is Barbara Jones, the former federal judge who's been the monitor for over about nine months when the judge found on a lower standard of proof that there was already persistent fraud. So Barbara Jones is going to continue, but she's going to now dissolve and liquidate these companies in the assets underneath them have to be addressed as well. But what is remaining is the part that I said at the top of the podcast that will ultimately lead to the destruction, complete destruction of the Trump business empire and its ability to generate any new dollars. The issue of discouragement is up for grabs in the trial. And that is not damages.
Starting point is 00:46:10 It is taking from somebody who is committed fraud, the monies that they've obtained as part of that fraud. It's, we call it in the business, ill-gotten gains. So you claw back the ill gotten gains. And she has a number. She used to say, leticia James, the attorney general, it was like 250. I don't think it's $250 million anymore
Starting point is 00:46:33 because she subsequently increased the amount that she thinks that Donald Trump has overinflated his assets by $3.7 billion total. Plus, there's a very high interest rate in New York for pre-judgment interest. I think this is at least half a billion dollars, and it could go well into the billions when she's done outlining for the judge
Starting point is 00:46:55 through her witnesses all of the monies that they got because of the persistent fraud that they've been conducting, totaling it up, adding interest, and asking the judge to award it, meaning all these companies would have to pay it back. But what is in the new trial is even more devastating. If she's right and wins, she will ban Trump and his executives from ever being New York Corporation officers, directors, ever again. There'll be a five-year ban on Donald Trump and his executives from ever being New York Corporation officers and directors ever again. There'll be a five year ban on Donald Trump and his businesses acquiring any new real estate in New York.
Starting point is 00:47:32 There'll be a five year ban on him getting alone from a bank that's chartered in New York. There'll be a five year requirement that Donald Trump's personal financial statements are properly audited and given to all the victims of the fraud and whoever else he deals with. There'll be a permanent ban on Alan Weiselberg that disgraced former CFO who went to jail for six months for tax fraud already from him and his controller, Jeff McConney, ever serving
Starting point is 00:48:01 in those roles ever again permanent ban. And if she wins, she wants a new trustee to be appointed that she helps select to sit over all of Donald Trump's assets on the trust. That's if she wins. Now, on Wednesday, I'll leave it on this pen, on Wednesday, the day after this devastating ruling granting some re-judgment on the one major persistent fraud claim. The lawyers there, you know, listen, they look like they got their head handed to them. Chris Kice leading the way asked the judge, well, what do you see the shape of the trial on Monday, your honor?
Starting point is 00:48:36 What do you think's going to happen there? You look like you'd see the ghost. And the judge turned to the New York Attorney General representative and said, hey, can we like slim this down a bit? Why don't you have you considered dismissing the other six claims you've already won on persistent fraud for a standalone claim? And they said, I give them a lot of credit.
Starting point is 00:48:55 They said, no, your honor. We can't dismiss those other six counts because of the remedies that we're seeking. And they're right to set the evidential basis so that they're confirmed or affirmed on an any eventual appeal. They're going for that corporate death penalty, banning him from doing business in New York, making him stop buying real estate, making him stop taking out bank loans and getting him out of the business of being in business. And they feel they've got to put on their 34 witnesses and their thousands of pieces of evidence in order to support the remedies that they're seeking as part of
Starting point is 00:49:29 the 63-12 and the judge said, okay, see everybody on Monday. So that's it and then we have finally and you can talk about it then when you pick up is the attempt, first attempt to try to get the appellate court to do something because they were upset, well we're going straight to the appellate court. do something because they were upset. Well, we're going straight to the appellate court. I'm surprised they didn't have the papers already drafted. I would have already had them drafted, expecting that and Goron was going to do just what he did and had him filed within a minute. They didn't do that.
Starting point is 00:49:55 They've already had the appellate court say, Monday's fine with us. There's nothing to stay here. Keep going. And he's got that other case hanging out there that nobody's moving on at quickly at the appellate level, which is his attempt to sue Judge Angoran before the Appellate Court to get him to stop making rulings like this. And that hasn't been acted upon by the Appellate Court either. Well, you know, I think the Appellate Division, First Department, Donald Trump's attempt to get them to intervene.
Starting point is 00:50:28 He got one of the Appellate Division justices to kind of put it, I don't know, ended up doing nothing. It was just like a temporary, you know, nothing paused before it went in front of the five Justice Panel. And they said, were they rejected the stay request? So this thing is absolutely going to trial. And I want everybody just to rewind and take a listen to when Popoq went through the remedies there. I mean, we're talking about a potential billion dollar judgment against Donald Trump.
Starting point is 00:51:02 And all of those other things, preventing Donald Trump from doing business in the state of New York or doing business with businesses in the state of New York. And given that for Donald Trump, his entire life is one big fraud is one big grift. At the end of the day, I think that this, what's about to take place over the next 60 days here is going to be the most devastating thing in Donald Trump's life. And I'll just mention one other thing in passing because you mentioned this federal magistrate judge down in the Southern District of Florida Florida who was hearing all these attempts by Donald Trump to try to delay his deposition being taken in the Michael Cohen case where Donald
Starting point is 00:51:50 Trump sued Michael Cohen for $500 million, then Michael Cohen's like, okay, well, I'm going to notice your deposition then. And Trump's tried to avoid the deposition like the plague making every single excuse underneath the sun to avoid the deposition, including having to argue that he would show up to the New York Attorney General Case. So the magistrate judge in the Cohen case was like, okay, well, if you're going to show up that you made the representation, you're going to be there. So now Michael Cohen gets to depose you in New York and I want to make sure you show up at the New York
Starting point is 00:52:26 Attorney General case and we'll have that deposition be seven to nine hours and Cohen can set the specific time of when it takes place. But what a powerful order there. So now Donald Trump has to actually go to New York, whether he's going to show up for this New York attorney general case. And now he gets to be deposed by Michael Cohen in the state of New York. So that backfired as well. And you know, I think Donald Trump's ultimately going just to dismiss the lawsuit that he filed against Cohen because I can't imagine he's going to be able to sit there for a nine hour deposition. He's just too cowardly to do that.
Starting point is 00:53:05 And finally, let's talk about what's going down in Georgia, the Peach State, as I mentioned at the outset, where things are not looking very peachy for Donald Trump and his co-defendants. First let's talk about Scott Hall and Scott Hall's Guilty plea. Just so you know who this Scott Hall is. He's one of the Rico Code Defendants in the Fulton County District Attorney Fawney Willis' case involving Trump. He's David Bosse's brother-in-law, who served and Bosse served as a senior advisor to Trump in Pence in 2020, senior strategist for the 2020 re-election of Prime Minister Benjamin
Starting point is 00:53:44 Netanyahu. He's been around Trump's inner circle, so that's how this Scott Hall got involved in kind of Trump world. He was a bail bondsman from Georgia. He was one of the people involved in the coffee county theft of election information, which implicates Sidney Powell, Kathy Latham, and numerous of the other co-defendants. So the timing of his guilty plea is critical here because you've got Ken Chesbro and Sidney Powell's trial
Starting point is 00:54:12 because they asked for speedy trials. Well, that trial is about to start. So now you're gonna have a cooperating witness who pled guilty at trial, testifying against Sidney Powell and the co-defendants at this trial. So Pope, I want you to first tell us about Scott Hall, but then also with this speedy trial request that Ken Chesbro and Sydney Powell made, boy did that backfire as well because now they're trying to ask for all of these remedies.
Starting point is 00:54:40 We want to file this motion to dismiss all these things. The judge is like just rejecting him and also is like, it's just, the judge Mac if he's almost like, this is what you wanted. You wanted this BD trial. Maybe you could have come up with these more evolved motions if you were on the regular track,
Starting point is 00:54:57 but this is what you wanted. Make those arguments to the jury now. And then finally, Popeyes, if you can, I want you to do the full summary, then take us to Jeff Clark. And I'm going to do, I'm going to do it. I'm going to do it. I'm going to do it. It's going to be like a speed round. It's going to be a speed round. Here we go. I mean, I'm going to do it a little bit out of order from what you do. I think it'll make more, it'll make more sense. First of all, trial October 23rd, we always thought it was just Chess
Starting point is 00:55:23 Burrow and Sydney Powell to disgrace lawyers for Donald Trump involved Chesboro being one of the architects of the fake electric scheme along with John Eastman and Peter Navarro and Sydney Powell co-captain of Team Crazy with Giuliani with all the lawsuits that were filed, but also having hired a company along with the guy I'm going to talk about next, Mr. Hall, who broke in, well, not broken, was invited in by other election officials in Cawfee County, a rural county in Georgia, to download election, private, confidential election information, tamper with election machines, dominion voting machines.
Starting point is 00:56:01 Now, you know, why Cindy Powell is involved. Trying to look for, you know, evidence that, you know, Biden votes were Trump votes were flipped to Biden. And so we thought it was just those two. But at a hearing just the other day in front of Judge McAfee, who again, you know, we got mad love for at least right now about the way he is running his courtroom with intellectual integrity, honesty, consistency, you know, brevity. We get one page orders, two page order, one page order to make an anonymous jury for all to protect them from Donald Trump, two pages to deny motions to dismiss and quash the indictment by Ken Chesboro.
Starting point is 00:56:41 I mean, I love it. Brevity is the soul of wit and he is moving. But he announced the judge that what he had said a week or so ago to Fawni Willis when she denied, when he denied her request to put all 19 including Donald Trump on the 23rd, he said, no, we're not going to do that. You come back to me with a better plan, batch them up, We're not gonna do that. You come back to me with a better plan, batch them up. We'll do the two here and anybody that has waved their speedy trial We'll do them at a later time in 2024 come back to me with a plan. She said she she not instead of got it
Starting point is 00:57:18 But the judge announced on Wednesday this week that There was six of the 11 left over that had not waved their right to speedy trial So he said we might have to bring in new benches, a new chairs in here. And for my bailiff to make room, we thought it was a party of two table for two, Chess Burrow and Powell. Could be a table of eight. We're not sure yet. And I've got to track the docket to see if that motivated some of these other people to waive their speedy trial so that they're not going to trial in three weeks.
Starting point is 00:57:43 We'll find out. Could be eight people or some combination of that. That's one. Second thing is the judge turned to the prosecutor for Fony Willis, Mr. Wade, and said, are there plea deals being offered to either Mr. Powell or Ken Chesperl? This is before we had the announcement
Starting point is 00:57:59 of the bail bondsmen flipping turning state's evidence, which we'll talk about in a minute, for his role in the coffee county data corruption and data stealing. And Mr. Wade said, we are, we are thinking about it, and we're going to put something together and we're going to individually propose something to both of these defendants, judge. He said, okay, that's good. So what do we just learn? Powell and Chessborough are gonna get a proposal
Starting point is 00:58:26 to take a plea deal and not go to trial in the 23rd. Now we'll find out how much of team crazy and maga they really are. Are they gonna go all the way and find out of a Fulton County, Georgia jury is gonna follow Ken Chesborough's mad scientist analysis, which is always wrong about constitutional rights and federal election law and state election law. He thinks they're going to follow
Starting point is 00:58:51 this and his mad cap attack on the laws. I don't think so. And and Sydney Powell, she might have been able to survive in Texas having her bar license, bold, but a Fulton County, Georgia, seeing a Sydney Powell in all her glory. She's not going to testify, but a Fulton County, Georgia, seeing a Sydney Powell in all her glory. She's not going to testify, but all the evidence that's going to be put against her in what the judge has said is going to be a three to five month trial. Right. They'll be, it'll be like chapters in a book.
Starting point is 00:59:19 They'll be a whole chapter on Ken Chesboro for a week set of time, just the Ken Chesboro evidence, then the Sydney Powell evidence, then the evidence of the overarching conspiracy against all 19, keeping track. So we learned a lot from that one hearing. Then at the start of the hearing, the judge denied quickly two motions filed by Ken Chesboro, one to argue that he had the,
Starting point is 00:59:44 his entire indictment should be dismissed because he was just a lawyer and he has a justification defense and that's thanks, Judge. It was nice seeing you. I'm out and Judge says not so fast. That is not one of the things that George O'Law recognizes
Starting point is 01:00:02 that I can dismiss and interfere with the criminal prosecution over. It may be something I'll think about for a jury instruction or maybe a affirmative defense that you can raise, but that's for trial. You're not getting out from under this because you're claiming you were a lawyer just given advice, which of course given
Starting point is 01:00:18 all the information and the indictment and other things against Ken Jesper, that is not what he's being indicted for. It's just simply giving advice that other people used to commit crimes. He was involved with the criminal conspiracy as alleged. He also denied Ken Chesperot's attempt to quash the subpoena to stop his emails
Starting point is 01:00:38 that they picked up from MSN, Microsoft, especially the ones he had with Rudy Giuliani and Powell and the rest from being used at trial. It was a motion to suppress the evidence, claiming that the prosecutors had violated a Georgia statute about how attorney emails and data can be handled. And the judge, as we did on legal AF, I did it with Karen too, pointed out with a highlighter, there's a section in the statute that says this statute applies unless the attorney is a suspect in the crime. And
Starting point is 01:01:12 so he said to him, you're a suspect in the crime. That's why you're here. Look behind me. That's why it's a criminal court. I'm being a little bit more flippant than the judge was. He does it in like one page. But he said, the statute says, unless you're a suspect, sir, and you are a suspect because I looked over the affidavit that you yourself filed supporting the search warrant and the affidavit by Fawney Willis's investigator laid out that you are a co-conspirator, co-conspirator involved with the crimes and laid out in gory detail, all the things you're involved with.
Starting point is 01:01:46 And then lastly, he said, and this thing about the lawyers raised that he didn't get a target letter. And the this judge, just like Judge McBerney, who supervised the special purpose grand jury, said, there's no such thing as a target letter in Georgia. That is a federal concept in the Department of Justice Manual, and it's not even required in order to indict somebody. Stop talking about targets. The fact that you didn't get a target letter, that's okay. The first time somebody learns that they are a target of a criminal investigation could be the day that the investigators and the FBI or GBI
Starting point is 01:02:20 picked them up in their house. That's okay. So those were quickly dispel. He's going to deny all of these chest burrow attempts to dismiss his case that have been joined in by Donald Trump. Then later in the same day, very busy day, you had Scott Hall, former bail bondsman tied into the Trumps the way you outlined, who finally confessed to his crime and has got to cooperate. He's the guy that along with Sydney Powell, cyber ninjas, and then two election officials down in rural coffee county, Georgia, that Donald Trump won 73%. Here's him in front of Scott McAfee, admitting to the crimes, admitting he's guilty and saying that he's going to cooperate with the prosecutors, which is his condition in order to do that. He has a surrender as firearm back to firearms again because he's not allowed to have that any longer.
Starting point is 01:03:10 And he went in, he got invited in, Sydney Powell reached out, found Kathy Latham, election official, coffee county, and Misty Hampton, the election clerk, convinced them to let the hurt people in to download dominion voting data to use for their nefarious purposes. And unlike the Watergate burglar, they just let them in and gave them a cup of coffee. And there's video of Kathy Latham and Misty Hampton showing these guys in Scott Hall around and showing them where the dominion voting system machines are. In fact, the Cyber Ninja guy left a business card next to one of the machines that the Georgia Bureau of Investigation found after that. And then
Starting point is 01:03:48 they lied about it, Mr. Hampton and Kathy Latham. I just did a hot take on it. They lied about it in a video deposition taken by an organization looking for transparency in the election process when they said, Oh, I wasn't even there when all that happened. And I just let them in. And yeah, there's video of them there helping the guys showing them what to do. So Scott Hall was dead to rights. He had made a phone call that got recorded
Starting point is 01:04:13 by this transparency group three months later, which he said, yeah, we were in there download and voter data. I mean, it's literally that, which is like, that was his confession, his admission. So I talked about in the hot take about week links, spring down organizations, including criminal ones. And the weakest links so far that I can see are Misty Hampton, Scott Hall, and Kathy
Starting point is 01:04:39 Latham connected to Sydney Powell, which dates back, of course, to Donald Trump. And they're going to flip, and they're not the last. Hall will now give license and permission to other people to seriously consider taking deals that are going to be proposed if they haven't been already by the Georgia prosecutors. And you're going to see more before the 23rd. And if they get convicted after that three or four months, or whatever, even more, those probably can be five people left by the time
Starting point is 01:05:09 Donald Trump has tried everybody else cooperating with with Fauddie Willis. And lastly, we've got the federal judge who's like a goalie keeping out the pucks for all these crazies trying to get over to federal court with their criminal cases, get away from Scott McAfee. We've had Misty Hampton and the other fake electors try to get to federal court. We've had Jeff Clark, the former Department of Justice low level environmental lawyers
Starting point is 01:05:34 claimed that he was just being a federal officer when he was involved with the conspiracy. And of course, we already had Mark Meadows. So we had a judge Jones. The writing was on the wall for Jeff Clark. He was a best, a best, a momentary head of the civil division for the Department of Justice. He was probably just an environmental lawyer and assistant attorney general went on December 28th of 2020. He wrote a letter on Department of Justice letterhead to try to influence and corrupt the elections in various states telling them that the department, telling them falsely
Starting point is 01:06:11 that the Department of Justice was investigating fraud in the election and they should hold off on certifying the results of their election in order to put a pin in the whole thing. And he tried to push that on his superiors, the attorney general and the deputy attorney general. That letter writing alone is the reason Jeff Clark's been prosecuted. And he wanted to go over to federal court and claim that he was a federal officer, but he had a nightmare hearing. I mean, at least Mark Meadows, when he lost, he tried to testify in front of the federal judge and he lost. So he waved to submit the amendment privilege. Those words are going to be used against them in court and he lost. Jeff Clark took one look at that and say,
Starting point is 01:06:48 well, I'm not going to testify. I'll just send in affidavits sworn statements under oath and see what happens. And what the judge said happened is you didn't carry your burden to proof. It's your burden to prove to me that you're a federal officer operating within your federal duties and you have a federal defense or you're not coming to federal court. And the judge said, yeah, I'm not buying any of this. There's no way that an assistant attorney general for environmental and resource management is responsible for election cases
Starting point is 01:07:16 and interfering with elections. Sorry. And even if you were the civil division head for about 20 minutes, I just heard evidence in my courtroom from the person held the job before you because Fony Willis brought in Jody Hunt. Jody Hunt currently is Cassidy Hutchinson's lawyer,
Starting point is 01:07:35 but he was the head of the Civil Division in the Trump administration Department of Justice. And he said, and he was the guy that immediately preceded Jeff Clark in that seat. And he said, and he was the guy that immediately preceded Jeff Clark in that seat. And he said, no, Judge, we don't handle election matters in the civil division of the Department of Justice. That's the civil rights division if voter disenfranchisement is involved. And that's the criminal division if crimes are involved, but that's not civil division. In fact, the judge even commented in his hearing that he credited the testimony of Jeff Clark's own assistant, Mr. Krul Kowski, who said that he was shocked, that he was being asked to write a letter on letterhead from his position as the civil division about election fraud, which didn't exist, and thought it was outside the scope of anything they were ever responsible for.
Starting point is 01:08:26 And that's what the judge credit in saying denied, go back to state court, and then later in the day, he denied the ones brought by the fake electors who tried to argue that they were federal officers because they were, I don't know, fake federal officers and sent them back to federal court as well. So that's what's going on in Georgia.
Starting point is 01:08:44 What does it mean? It means that on October 23rd, two to eight of the 19 co-conspirators in the RICO case are going to trial many of those people. And the remainder of that group, including Donald Trump, who is also before I forget, has also waived his right to try to go to federal court. Donald Trump, having seen meadows go down in flames, Jeff Clark go down in flames, and the fake electors go down in flames in front of Judge Jones, federal Judge Jones, has said, I'll take my chances with Scott McAfee, the state court judge, and he wrote sort of an obsequious brown-nnosing note to the judge filing with the judge that said,
Starting point is 01:09:27 after further review, I'm going to be staying in state court. I will not be moving to go to federal court because we trust that the court will do justice and protect me and give me due process, you know, whatever. So I just probably like, okay, file that away, put that on the docket. But what it means is Donald Trump, everybody is staying all 19 with Judge McAfee as we predicted on prior episodes of Legal AF. And then Fawni Willis is gonna have to get around
Starting point is 01:09:55 to batching these trials with in 2014. If they're right that it's gonna take, pardon me, three to five months, let's just say five months to try the first two October, November, December, January, February, March. Now we're in March of 2024. That means likely, although I think she could try multiple cases, the judge is not going to allow her. She's gonna have to finish these two. That means the earliest the Donald Trump case could be, could be in April. And he's already gonna be in the March case
Starting point is 01:10:33 for Judge Chutkin by that time facing the May case in Mar-a-Lago. Yes, he's got a lot to do besides being the nominee for the Republican Party for president Well, we've reached the end of another episode of legal a f You made have noticed that my co-acre Ben Mysalis has left the show He's had to do something else all related to might as touch and our protection of democracy And we'll let you know what that is a little bit later
Starting point is 01:11:02 But I'll round out the show for him and And in his honor, at the end of legal, a, again, if you want to support democracy, Joe Biden, President Biden in his recent speech at the McCain library said, we all have to do things in the daytime to protect our democracy or by silence, we will lose it. I'm paraphrasing. And one of the ways that you're helping with democracy and helping with our justice system is to watch and follow legal AF on this network. Free subscribe to the Midas Touch Network. Help them get to 2 million subscribers
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Starting point is 01:13:26 Caron and Myznex Hot Tech, until our next legal AF at Midweek, and this is Michael Popok on behalf of Legal AF, signing off with a shout out to the Midas Mighty and to Legal AFers. the legal I have first.

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