Legal AF by MeidasTouch - Trump TOO SCARED of Federal Judge Consequences and GIVES UP

Episode Date: September 29, 2023

Trump has waived the white flag in Georgia, and has agreed to keep his criminal conspiracy case with state court Judge McAfee, ending his efforts to take the case to federal court. Michael Popok of Legal AF explains that Trump is scared that the federal judge assigned to the case will not only deny the attempt to move the case, but will also write a terrible order against him. He’d rather try his luck with the Georgia Supreme Court on appeal. Get up to 40% off for a limited time when you go to https://shopbeam.com/LEGALAF to try Beam's best-selling Dream Powder! Visit https://meidastouch.com for more! 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

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. This is Michael Popok, legal AF. You know what this is?

This is Donald Trump waving the white flag in Georgia. He is now told the judge there, Scott McAfee, that he is not going to take his case or try to take his case to federal court in front of Judge Jones. I'll tell you why in a minute. He's just content to stay with Judge McAfee for his trial, which is going to be in the probably first quarter of 2024 as part of 19 trials. The Judge McAfee is presiding over for Fulton County District Attorney, Fawni Willis's criminal Rico racketeering organized crime case with Donald Trump at the middle. See, we always thought that Donald Trump would at least make an effort to get out from under state court and how fast that's moving.

That's like a meat grinder in the hands of Fawni Willis on one side of the handle and Scott McAfee, the judge, frankly, on the other, churning and burning through all sorts of settings and dates. I mean, there's a trial in about three weeks of two of the 19 one being Ken Chessboro and the other being Sydney Powell, two of Donald Trump's lawyers. I mean, he'll get to see that trial. So we always thought he wanted to hide tail it over to federal court, maybe take the case with him. But Donald Trump, A, will pass up an opportunity to try to brown nose a judge because he wrote in the paper that just got filed, I'm staying here, judge,

because we have a lot of faith that we'll get justice and do process with you presiding over it. Okay, let's unpack that until the real story. Donald Trump has seen the ghost of Christmas future and he doesn't want to go there. Federal judge Jones is the gatekeeper in Georgia for anybody trying to get out of Scott McAfee's courtroom and get over to federal court. So far, to have tried, right? And Donald Trump would be the third. It's like Mad Max. Two men enter. No man leaves. First man that tried to enter was Mark Meadows, Chief of Staff. All right. We figured he had a 50-50 shot. It may be pulling that off. Former Chief of Staff arguing that he's a federal officer, arguing that he was within the rights and duties

of his responsibilities as that federal officer and that he had federal defenses. That's what you have to prove to get what's called federal officer removal. Mark Meadows even testified on his own behalf. We were a guest. We never saw that coming because that could be a waiver of his Fifth Amendment rights

in the case. Certainly anything that he says under oath, Fawney Willis and Jack Smith, the special counsel or special prosecutor could use against them. So he's not that foolish as he, he wouldn't risk it all for that. He did. Any probably perjure himself along the way. And judge Jones in a very good opinion that's up on appeal now with the 11 circuit said, yeah, you're a federal officer, but everything that you did that's a lead to the indictment is clearly outside the scope of your job description as chief of staff. Good day, sir. Go back to state court where you belong. Now, that's up on appeal with the 11 circuit. But the three judge panel, the 11th Circuit that Mark Menos has pulled are

all either Obama or Biden appointees, and there is no way he's going to be winning that appeal. So next up into the Steel Cage match of the federal court with Judge Jones is Jeff Clark. Jeff Clark, number five associate attorney general, maybe was Attorney General for 10 minutes. The last four days of the administration also indicted, of course, in Georgia. He argues, I was Attorney General or Assistant or Deputy Attorney General. I was involved with election interference. So the letters I wrote to interfere were part of my job description. And he didn't even testify, even though he had the burden of proof to prove this. He didn't even bother showing up. He just sent in,

he literally phoned it in. He just sent in pieces of paper with his name on the bottom that he signed and an expert opinion that judge took took look at the pieces of paper and said, where's where's the party? Where's Mr. Clark? And he hasn't ruled yet. But based on our reporting of what happened at that hearing, Jeff Clark's going to lose and he's going to have to go back to state court as well. So Donald Trump is watching this, right? And he's watching Jones, who's who's not favorable to any of these federal defenses or federal

arguments. And Donald Trump's got to remember, and at least as lawyers do, that is recently as this past summer in May at the top of the summer, he tried to take Donald Trump tried this trick before, right? And it failed miserably in front of billions of people watching. He is prosecuted. People might forget because we haven't talked about it a while. He's prosecuted in Manhattan by the Manhattan District Attorney Alvin Bragg for the Stormy Daniels hush money cover up a fair business record fraud in New York.

He wanted to get away from Judge Mershon. A judge who's a very good judge, excellent judge used to be in the Manhattan DA's office didn't like Judge Mershon for a judge who's a very good judge, excellent judge used to be in the Manhattan DA's office didn't like Judge Mershon for whatever reason because he doesn't like him. And he thinks he's a Democrat and he's going to vote against him or he's going to rule against him. And so he did two things. He tried to disqualify Judge Mershon. That sounds familiar. That's right. That's right in the playbook for Donald Trump. That failed. And then he tried to take the case under federal removal authority over to federal court. And he got assigned randomly a judge from the Clinton administration, Judge

Hellerstein and Judge Hellerstein, you know, stroked his chin and reviewed the papers and held a hearing. And then he then he wrote a 30 page decision outlining why all of the crimes that Donald Trump is alleged to have committed couldn't possibly be part of his job description as a federal officer, right? He even said in there at one point, and I paraphrase, having an affair, a sexual affair and covering up is not part of your job duties, constitutionally or otherwise as president of the United States.

Donald Trump already saw that. And I assume knowing that he pulled somebody who's probably got the same sentimentality, if you will, as Judge Hallerstein, that Donald Trump would not only fail, he wouldn't testify in front of him, so there wouldn't be any evidence. He wouldn't really be able to submit affidavits.

It would be left with lawyer argument. And I presume the new argument, the new lawyer for Donald Trump said, you know what happened up in New York when Judge Hellerstein wrote that 30 page opinion of describing how you were outside the scope of your presidency. He's going to do it again. This judge Jones going to do it again. That's not good for us. You know, let's just stay here here with the judge that we know, judge McAfee. Did you know that poor sleep can cause weight gain, mood issues, poor mental health, and lower productivity?

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Although you see federal courts are moving kind of more rapidly now. Anyway, like Judge Chuckkin set the trial for the Jack Smith sprawling election interference case and all that to be to start in March, right? First quarter, 2024. So that's happening. So you're not going to really get that. And then the other thought process was maybe the jury pool was a little more expansive because, you know, Atlanta is very blue, but, you know, it's very blue whether you expand

it or not. It's a democratic city, and it's unlikely that he's going to get many truppers in there. That was a second for a third thought was he would have some sort of federal defenses and arguments, including this maybe this supremacy clause of the Constitution and other immunity clauses, immunity defenses, and that would be better handled through the 11th Circuit Court of Appeals in Atlanta also, and then maybe straight to the Supreme Court. But the reality of that is the 11th Circuit has not been kind to Donald Trump. They rejected all of his appeals and almost laughed as lawyers out of court to different panels of the 11th circuit in the Mar-a-Lago case.

He has not done well at the 11th circuit in any of his arguments or any of his election cases. And frankly, even though it's Mago right wing appointed judges on the Supreme Court, they don't generally sigh with Donald Trump on executive privilege or, you know, his presidency or his presidential powers at all either. So he's got to think, well, what am I getting? I'm not going to win. Jones is going to write a terrible opinion about me.

It's going to set bad precedent for the future. The 11 circuits and that hasn't been kind to me either. And the Supreme's are at best unreliable. I assume this is at least the thought process by the lawyers for Donald Trump, if not Donald Trump himself. And so he figured, let me get a little mileage at a stroking the judge, which is what he literally, not literally, sorry, that sounds gross,

figuratively did. And telling the judge, we'll stay with you, you're honorable, you'll do the right job. I can get justice with you. Now, that's until Judge McAfee makes a ruling that Donald Trump doesn't like because right now it's a little bit up in the air as to when Donald Trump and which batch he's going to be in for the for the trials led by Fony Willis. We know two of the 19 are going in like three weeks.

But the other 17, the judge has said, you're not trying them all together, Miss Willis, I appreciate the earnestness of being ready for trial, but I can't handle it logistically. So you need to come back to me with a plan. So Fony hasn't yet, she's gotten one thing, she's gotten her anonymous jury to protect them from Donald Trump. But she doesn't know yet when she hasn't proposed

yet when Donald Trump would go. I assume it'll be in the first batch in the first quarter. Maybe she tries to slide it into February, but she hasn't approached the judge on that yet. I assume she's going to try to do, you know, five, five, you know, and whatever's left over Like three batches. I don't think she tries Donald Trump by himself. I Think it's Donald Trump. It's she'll hand pick a couple of other people. Maybe it's Trump Let's think of this think of this combination think of this table in a restaurant Donald Trump Rudy Giuliani. Oh, thisiani, this would be classic. And then she pulls like another crazy to sit next to them as well and puts that little team of

that little ball of sunshine together in front of a jury in Atlanta. She is being strategic about who she's going to argue should be tried together in one batch. And then watch Donald Trump try to squirm his way. I don't wanna be with Rudy. I wanna be with my own, I wanna pick my own in one of these fake electors, baby, who I don't know. Something like that. That's what's gonna happen. But we're not there yet.

And so where we are right now is Donald Trump as of today is not gonna take any steps. He's waving the white flag. He's gonna stay in state court. He's gonna stay with Judge McAfee. He'll start criticizing Judge McAfee as soon as he doesn't like the ruling and start attacking him. Although, I don't know, a white 30 something year old federalist society Republican appointed judge. Sounds a lot like Judge Cannon in the pair of pants. That's a lot like Judge Cannon in the parapants, but the judge down in Florida. But as of right now, on legal AF, and the leaders of legal AF, me and Ben Mysalis and

Karen Friedman, Igniflo, we've had admiring things to say about Scott McAfee as a brand new judge. He runs a tight ship. He makes decisions quickly, but with intellectual honesty and intellectual heft, um, doesn't seem to be at all infused with any political leanings one way or the other. I mean, he was the chief Boy Scout for the state of Georgia. He was the, the, the inspector general for the state. And he's not a Trumpian. He's a champion. He was appointed by, uh, by, uh, camp, uh, the governor of Georgia, who's no fan or friend of Donald

Trump. Again, I'm not praising camp. I know people are like, but Kim's terrible. He is on policy. But on a couple of things, he's been on the right side of justice. He stopped the attempted impeachment and removal of Fony Willis by refusing to call a special session of the, of the session of the House of Georgia. That's a good thing.

And he's done other stuff that's so far, including testifying against Donald Trump in these cases. So let's put him aside for another hot take. Take away, here is, Donald Trump is stuck with the rest. It'll be up to Fony Willis to figure out who's going to be his seat mates at what table during a future trial in front of Scott McAfee that's going to take place sometime in 2024. We'll follow it on the Midas Touch Network where you're watching.

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here at the intersection of US law and Politics and present it and analyze it to you, but we do it, you know, two at a time with another co-anchor And so until my next hot tick until my next legal AF episode This is Michael Popok reporting. Hey, Midas mighty. Love this report. Continue the conversation by following us on Instagram At might as touch to keep up with the most important news of the day. What are you waiting for? Follow us now.