Legal AF by MeidasTouch - Trump’s KEY ENFORCER gets LOCKED AWAY Just In Time

Episode Date: June 8, 2024

Trump can’t pardon his way out of Steve Bannon serving 4 months in federal jail for contempt of Congress, and the Supreme Court will help out Bannon either. Michael Popok explains how Peter “Horse Face” Licavoli set a precedent that is sending Bannon to jail, where he will sit during the rest of the campaign and Election Day. Timeline: Go to https://timeline.com/LEGALAF and use code LEGALAF to get 10% off your order. Visit https://meidastouch.com for more! Join us on Patreon: https://patreon.com/legalaf Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Learn more about your ad choices. Visit megaphone.fm/adchoices

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about the fact that Judge Nichols, the DC Circuit Court judge, finally got around to ordering Steve Bannon to go report to jail in July to prison to serve his four months for criminal contempt of Congress because he refused to both testify to the Jan six committee despite being subpoenaed and he refused to turn over documents, two counts of criminal contempt of Congress. Now Bannon had raised all sorts of crazy defenses,

none of which were none of which, were allowed under a line of cases starting with Peter, horse face, lick of volley. The lick of volley decision from 1962 or 1963 in the District Court of Washington, D.C. basically says there are very few, if any, defenses to contempt of Congress and reliance on your attorney is not one of them. And thinking you have executive privilege in his case is not one of them. And thinking you have executive privilege in his case is not one of them. And if you didn't respond and you, that's it. Good faith is not really at issue here.

But the judge said, because even though the decision was 60 years old, the Likovoli decision, I just like saying it, Peter Horseface Likovoli and his decision was over 50 years old. The judge says, well, maybe the DC Court of Appeals and my boss is there at the appellate level. Maybe they'll change their mind

because of the interesting issues about executive privilege. And maybe the Supreme Court will. So why don't I delay your sentence? Because it's only four months anyway. And if I make you go in now, which was last year, you will have already served your sentence and it kind of undercuts your ability to appeal.

So he allowed Bannon to appeal. We reported on it right here on Legal AF and on the Midas Touch Network. What was the result? He lost at the three judge panel level. All three judges said, yeah, no. Contempt of Congress, lick of Oli, you're going to prison. I mean, I'm summarizing it,

but that's the essence of the decision. Well, Bannon didn't like that. So he tried to go to the full panel But that's the essence of the decision. Well, Bannon didn't like that. So he tried to go to the full panel of the DC Court of Appeals, all 12 or 13 judges. It's an en banc decision, as we say. And none of the judges were interested in overturning the Likovoli decision.

Therefore, Bannon is cooked, his goose was cooked. Time to report to prison. In fact, Judge Nichols, who's a Trump appointee, called Bannon back into court with his lawyers. Now listen to the lawyer lineup. David Schein, all right, we've seen him before. He's the Orthodox Jewish lawyer who takes off, you know, doesn't argue on Shabbat on Sabbath. Okay, I get that. Who represented Trump during the first of two impeachments. It's hard for people to keep all of this straight. That Donald Trump is not just a 34 criminally convicted, account criminally

convicted felon and has been indicted in four different jurisdictions and owes hundreds and hundreds of millions of dollars for fraud, rape, and punitive damages, but he also was the only person to ever get impeached twice. So in his first impeachment trial he had this this short, obstetric lawyer named David Schein who got hired by Bannon. But you know who else was there? Evan Corcoran of all people. Evan Corcoran was this close to being prosecuted for fraud related to Mar-a-Lago and the deceptive practices

and fraud used to try to keep national defense information and classified documents out of the hands of the Department of Justice and the FBI. He was the lawyer that the judge, Judge Beryl Howell of the same DC Court of Appeals when she was the chief judge, ruled that it was more likely than not that he, along with his client Donald Trump, committed a crime or fraud and stripped Donald Trump of his attorney-client privilege and turned over all of Evan Corcoran's notes and they were very candid against Donald Trump about what he observed about Donald Trump's mens rea or mental mind, mental state in committing the crimes that have been charged in Mar-a-Lago. That Evan Corcoran.

So you got Evan Corcoran. I mean let me just put it this way. The MAGA lawyer pool that you can draw from is very thin. Many of them, and it got thinner when a number of them lost their law licenses. It used to also, that little, that bench, if you will, of MAGA lawyers used to include Sidney Powell, Ken Chesborough, John Eastman, Jenna Ellis, Jim Troupis, and Rudy Giuliani. But everybody I just mentioned either lost their law license, about to lose their law license, got indicted and or pled guilty and got convicted of felonies or misdemeanors. So they're off the bench. So now you're left with a very thin rule of MAGA Republican lawyers who are willing to represent

anybody affiliated with Donald Trump or MAGA. Hence, Evan Corcoran, who has his own problems himself, and David Schein. And so they argued that in this hearing that, oh, he's gonna take it to the United States Supreme Court, I'm not so fast. Peter Navarro almost had an identical but actually stronger argument for the application

of executive privilege than Steve Bannon. Cause at least Peter Navarro was in and around the West Wing at the time when he was allegedly getting instructions from Donald Trump to assert executive privilege. Bannon was three years removed from the White House, was a podcaster at best, when he participated in the Willard Hotel with the attempted overthrow of democracy

at the war room with Rudy Giuliani and Mike Flynn and himself and others. He wasn't even in the White House. At least Peter Navarro was sort of in the White House. And so he had a more compelling argument. And so the first stop on the train for the United States Supreme Court for Bannon, as Judge Nichols knows, is John Roberts,

the Chief Justice, not reliable. Will is circling the drain of history as one of the worst judges or Supreme Court justices we've ever had, chief justice we ever had, but he knows a failed appeal when he sees it and he just turned down Peter Navarro's attempt and Peter Navarro is down in Miami getting visitors like Donald Trump to come visit him

while he serves his four months in prison for the same exact crimes, contempt of Congress. I've been taking Timelines Might Appear for over a month now, and I feel absolutely incredible. I have way more muscle strength and energy to get things done. And as you may know, there's been a lot of legal and political news lately, and Timelines Might Appear

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That's timeline.com slash legalAF. So I don't see Roberts, especially with the precedent of Navarro and Peter horse face like a volley bailing out Bannon. Nichols, the judge knows it. So he said, the reason I let you stay out is because I thought maybe my bosses at the court of appeals, the DC court of appeals

may find it interesting and may wanna revisit the Likovoli decision. They didn't. In fact, the full Umbank panel didn't find it interesting. The precedent stands, Supreme court hasn't overturned it. Peter Navarro has a very similar claim and Supreme court didn't find that interesting. The precedent stands. Supreme Court hasn't overturned it. Peter Navarro has a very similar claim and Supreme Court didn't find that interesting. You need to report. And now he pushed it out a little bit, gave him a little

bit of a break, could have remanded him right there into custody and still Nichols gave him a little bit of a break, said July, which means July, August, September, October, July to August, September, actually November. So he will be in jail and not able to vote, even by mail or absentee ballot for Donald Trump. It also makes it, I've seen people say, well, it's also pardon proof, sort of.

I mean, Trump, even if somehow his presidency got restored, he wouldn't be in office until January, the four month sentence would already been served, but he could give him, I mean, he'll have to go to jail for four months. But Trump, if he got back into office, could wave his magic wand of clemency and pardon, and pardon him for those offenses, then have them expunged and sealed from the record as if they never happened. I mean, we all know what happened. And the four months in jail will have happened.

So there is a pardon aspect of it, but he couldn't technically be pardoned to stop him from going to prison, because even if he won, he wouldn't be in office until January and the sentence would be over. And so we gotta follow this type of stuff. I mean, Bannon's out screaming,

"'Nothing can silence me!' Even four months in jail." It's almost like he wants to go to jail, just like Peter Navarro. I mean, Peter Navarro got a visit from Trump. I'm sure he's been promised a new gig in the new White House, should Trump come in with this Project 2025,

where they're trying to fill all of the positions, eliminate the civil servants, the lifetime appointees, get rid of everybody, co-opt the Department of Justice, overtake the United States Supreme Court and reinstall all of these criminals back into the White House with criminal number one, public enemy number one, Donald Trump. And he can do it.

He could even think about this. I did another hot take on this. Donald Trump could even install somebody who lost their bar license and was indicted as the attorney general of the United States. Think Rudy Giuliani. Nothing to stop it. Really nothing to stop it.

Unless we can accept the public pressure campaign that we lead here on Legal AF. I know they might as touch Network. If you like what I'm doing, I'm Michael Popock. You can follow me in all things social media at MSPopock. And then I do these kinds of hot takes at the intersection of law and politics, I don't know, about every day. I got 1200 of them. You can go over and go listen or watch all of them under contributor or playlists on the Midas Touch YouTube channel. Help them get to 3 million free subscribers. We have no outside investors.

We are building this network with our bare hands with your help. And then we have a podcast. Now you know why Ben Misalas and I named it Legal AF four years ago. It's for these exact times. Legal AF podcast only on the Midas Touch network Wednesdays and Saturdays at 8 p.m. Eastern time,

and then on major podcast platforms of your choice. So until my next hot take, until my next Legal AF, this is Michael Popak reporting. Heary, heary, Legal AF Law Breakdown is now in session. Go beyond the headlines and get a deep dive into the important legal concepts you need to know, and we discuss every day on Legal AF. Exclusive content you won't find anywhere else,

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