Legal AF by MeidasTouch - Trump’s Kids TOTALLY WRONG on Impact of Trump DISMISSAL

Episode Date: November 26, 2024

Trump World delusions continue, as their “braintrust” led by Eric Trump Jr lie to the American people and tell them that Trump can’t be prosecuted against because of “Double Jeopardy” and ��Statute of Limitations” word salad arguments. Michael Popok, a lawyer who knows what he’s talking about, explains that neither of those concepts can be applied to prevent Trump from being re-indicted for his 2020 crimes when he leaves office. Zbiotics: Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. 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 MissTrial: https://meidasnews.com/tag/miss-trial 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 On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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the impact or effect is of the temporary dismissal of the indictment against his father by the special counsel today. I got to react. It's like a bat signal. I'm Michael Popak. This is the Midas Touch Network and Legal AF. And let me explode this comment that was made by Eric Trump. I'm going to play it in a minute, in which he said,

this is his words, double jeopardy. You can't try my father twice. I don't know why I'm giving him a Southern accent, sorry. Double jeopardy, and you can't do that. And the Statue of Limitations, this is again, another version of kitchen magnet poetry, word salad, where they just throw double jeopardy. People might know what that is. What about a sexual limitations? Yeah. Yeah. What about that? None of that applies.

None of that applies. He's got it wrong. Let me explain it to you. They want you to believe that the case is dead. I've told you on prior hot takes that it is not. That this is a temporary dismissal without prejudice and it can be filed by a future prosecutor under a different president in the future. And that's the case. Let me start with double jeopardy. A lot of people seem to have that concept in their heads

like that great brain trust, Eric Trump. Eric Trump, let me explain. Meet me here. Let me explain double jeopardy to you. Under the Fifth Amendment, jeopardy attaches for the concept of double jeopardy, which the Fifth Amendment says no person can be tried twice for one crime, but you have to have jeopardy attach in order for there to be a concept of double jeopardy. And jeopardy only attaches in this case when a jury is sworn in against your father, not a grand jury, a petit jury, the jury in a trial court that makes the decisions. Now, last I looked, because your father delayed the proceedings so long, we never got around to a jury being sworn in.

So, you can't have double jeopardy because there wasn't a single jeopardy, because there was no jeopardy event and a jury being sworn in. Let me give you an example. Steve Bannon was given a pardon by Donald Trump related to build the wall, but he was given a pardon after an indictment, but before a trial. No jeopardy attached, no Fifth Amendment jeopardy doctrine was implied or invoked, so he could be sued again or prosecuted again in New York State Court for the same things that are not pardonable by the president because there's no double jeopardy because there wasn't single jeopardy. So let's blow that out of their minds.

And the second one to kind of blow out completely is statute of limitations. First of all, the statute of limitations for these things are exceedingly long in federal court and for federal crimes, usually 10 plus years or more. In fact, many crimes don't even have a statute of limitations. Secondly, the statute of limitations is often told, T-O-L-L-E-D, you sort of put a, it's like a snooze bar on your alarm clock. Boom. It's told or snoozed for a period of repose or a period of time while some other event happened, like temporarily immune Trump while he's sitting in the presidency pops out for that period where he can't be

prosecuted, right? He would have the statute of limitations clock, shouldn't even run, be stopped temporarily. And we call that a period of repose or abatement. And then boom, as soon as he's done, the clock starts running again. So between periods of repose that stop the clock related to statute of limitations that are long enough to even cover these issues anyway, combined with the fact that there's no double jeopardy, you can see why my hair lit up on fire when I watched this clip from Eric Jr. Play it. But I think the only thing I disagree with you on, this case is dead. The case got dismissed. The case will not get revived. By the time my father's out of

office, the statute of limitations will be long gone. You can't have double jeopardy. Now see, they get away for too long. This is why Ben, myself, and me, we founded Legal AF four and a half years ago, really for one of these purposes, just to be able to stop the lies and give you the straight scoop without blowing smoke or sunshine at the intersection of law and politics. That's why we did it. And then when I hear something like that, that was easy. That was like a softball. We were going even back and forth internally about, hey, what about that? And I had to quickly respond. There's no jeopardy because there's only one way to get jeopardy in this case. No jury, no regular jury,

not grand jury, no jeopardy. So he can be tried again. Just like when Donald Trump prematurely again. You know, just like when Donald Trump prematurely gave a pardon status to, to Bannon. If he was really smart, he would have waited till the conviction or at least the jury had been sworn in, boom, and then given him the pardon. But he didn't wait and therefore he could be prosecuted again. That's one of the reasons that Paul Manafort, who used to be the campaign director for Donald Trump in 2016, how he was given a pardon, Jeopardy had attached, and then New York tried to sue him again, or the feds tried to sue him again, and the double Jeopardy got him out.

They had to dismiss the case against Paul Manafort for very similar things. Let's face it, after a night with drinks, I don't bounce back the next day like I used to. I have to make a choice. I can either have a great night or a great next day. That is until I found Z-Biotics Pre-Alcohol Probiotic Drink. Z-Biotics Pre-Alcohol Probiic drink is the world's first genetically engineered probiotic. It was invented by PhD scientists to tackle rough mornings after drinking.

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to zbiotics.com slash Legal AF and use the code LegalAF at checkout for 15% off. So this is not just a fundamental misunderstanding. This is just bald-faced lying to the American people. Look, the people that are on Donald Trump's criminal defense team, whether you like them or not, are all going to be occupying top, top jobs as our nation's top lawyers for the US, not for Donald Trump. Of course, they always forget that, in the Department of Justice. So Eric Trump just took to the airwaves without consulting with soon-to-be Deputy Attorney General Todd Blanch.

He's on his father's criminal defense team right now. Or assistant to the Deputy Attorney General, Emil Beauvais, or Pam Bondi, who they'd like to be attorney general. How about run this concept by them? I mean, any first-year law student, forget that. Any paralegal who works in a criminal practice knows this, but they don't care. They don't care whether they're getting it right or wrong. They just want to say it out loud so that they're confusing, so they give their father a little bit of cover so he doesn't have to try to worry about it over four years.

What he really should have said is, my father and his team screwed up because they should have somehow opposed the dismissal without prejudice, and they should have argued that the indictment should have been dismissed with prejudice, so they'd have an argument on appeal one day if ever the prosecution comes back and is restarted. But they missed that. They're too busy focusing on misunderstanding and misapprehension of principles like double jeopardy, which now I've just carefully explained to our audience. Hopefully, now you'll take it with you into the streets, on social media, at Thanksgiving, and you could tell people who bring it up like, double jeopardy,

statute of limitations. You can say to them, statutes of repose. Four years temporary stops the clock on statute of limitations, and the statute of limitations is long enough to cover this issue. So don't worry about statute of limitations and the statute of limitations is long enough to cover this issue. So don't worry about statute of limitations and no double jeopardy under the Fifth Amendment because no jury was sworn in against Donald Trump. Pass the dinner rolls, please. Pass the gravy. That's how I would handle it. People have different people around the

kitchen table, the dining room table for Thanksgiving of different stripes. I know, I got it in my own family. I understand. So until my next hot take, and if you like this kind of stuff, come over to Legal AF, the YouTube channel. It's in collaboration with the MidasTouch network. It sits at the intersection of law and politics and it brings it to you just like this without

blowing smoke or sunshine. I'm over there. I'm the special prosecutor of everything legal AF. Come over and join me. Until my next reporting, I'm Michael Popak. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at LegalAFMTN. That's at LegalAFMTN.