Legal AF by MeidasTouch - Trump’s Latest FRIVOLOUS Lawsuit Already BACKFIRES

Episode Date: April 14, 2023

Michael Popok of Legal AF reports on the new judge assignment in the Trump v. Cohen new lawsuit filed in Miami and why Trump’s attempt to “pick a judge” and forum shop by filing there may have backfired. Thanks to our sponsor PAIRED: Connect with your partner every day using Paired. Download the app at https://www.paired.com/LEGALAF Shop Meidas Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch Remember to subscribe to ALL the MeidasTouch Network 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 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 Learn more about your ad choices. Visit megaphone.fm/adchoices

This is Michael Popock, legal AF Donald Trump's attempt to form shop and get a better judge for himself in federal court in Miami against Michael Cohen and it'll do lawsuit. He just filed yesterday as backfired. Not only did he not get the type of judge that he was looking for, he got exactly the opposite of that and somebody that's going to look at the lawsuit, I believe, for what it is, which is a press release, masquerading as a lawsuit, as a list of grievances, looking in search of causes of action that are appropriate to be filed in a courtroom. Darren Gales, who used to be on the Miami Circuit Court State Court bench, supremely well considered,

very judicious, very sober, a very intelligent jurist got promoted to the federal bench by Obama. He is the first openly gay, black federal judge in America when he was confirmed. And Darren Gales is the judge that's been assigned to the Cohen case that Trump has filed. Now let's look at what happened to Donald Trump in the past and how we even got here. Why are we even talking about a newly filed Miami lawsuit against a New York resident in Michael Cohen for things that he has said in his podcast, some of which on the Midas Touch Network, or things that he wrote in his books, revenge, or like. How do we even get here? Why are we in federal court?

Why did Donald Trump file it down there? And why did Donald Trump shoot for Miami, hoping for what? I'll describe and how that's completely backfired. In Mar-a-Lago, it must be upside down day because they got the exact opposite of the judge that they were looking for. Donald Trump recall has filed a number of lawsuits down in Florida. He claims to live at Mar-a-Lago, which is in Palm Beach County, Florida, which is within the Southern District of Florida, a federal district. That Southern District stretches about 80 miles from the top at Viro Beach all the way down

through the Keys down to Key West. In between you have major courthouses, you have one in Viro Beach, one in West Palm Beach, one in Fort Lauderdale, one in Miami, one in Key West, where you file the cases usually where you live. And then the clerk's office spins a wheel, an electronic wheel, and randomly assigns. If you file in Viro Beach, there's only one or two judges up there. You file a West Palm Beach, the same thing in my, if we're at Loderdale, you have a few more. In Miami, you have the most. Donald Trump filed a case against Hillary Clinton two years ago,

similarly grasping a tross, a list of grievances, a political hatchet job, in an attempt to claim some sort of conspiracy by Hillary Clinton, Robert Mueller, the DNC's leadership and all of that against Donald Trump. That was laughed out of court finally by federal judge Don Middlebrook sitting in West Palm Beach. Not only that, but he sanctioned ultimately Donald Trump and Alina Haba, his lawyer over a million dollars related to that filing. And in a 50 page decision, just about six months ago, went through why the case had no merit. It was filed in bad faith. It was nothing but a political hatchet job.

The judge's words not mine and sanctioned Trump accordingly. Trump tried to attack middle Brooks by claiming he was a Clinton appointee who cares, every federal judge is appointed by somebody, you have one party or another. And that was, of course, laughed at, of course, when he tried to move to disqualify middle Brooks. Why am I talking so much about Don Middle Brooks? Because that's the very judge that Donald Trump wants to avoid at all costs. Because he knows like a buzzsaw through a daisy field. His case is going to lose in front

of Dom Middlebrooks because all of his cases are without merit. Now let's think a quick break to talk about our next sponsor, Paired. My wife and I were super competitive people, especially with each other. The other day we were going back and forth about, well, who knew our relationship history better? So we took to Paired. Paired, It's a relationship app for couples. You and your partner, you download the app, pair together, and every day paired gives you questions, quizzes, and games to have fun. Stay connected and deep in your conversations. You'll never believe what I found out about my partner through using paired. Apparently, she really wanted

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Head to paired.com slash legal AF to get a 7 day free trial and 25% off if you sign up for a subscription. Just head to p-a-i-r-e-d.com slash legal AF to sign up today. Connect with your partner every day using parent. A happier relationship starts here. So then fast forward about four months ago, Donald Trump files another case in Palm Beach County state court, in circuit court in Palm Beach County against Latisha James, the New York Attorney General. For those that follow legal AF, you might be saying to yourself, how can he sue a New

York Attorney General about a New York civil fraud investigation down in Florida? And the answer is he can't. And so quickly, Latisha James removed the case to federal court, because you can do that under certain circumstances, starts in state court. But if you have the grounds, you can take it across the street to federal court. And when it got across the street to federal court, it got assigned to Don Middlebrooks, immediately, immediately Donald Trump and Alina Hava dismissed their case because they knew that middle Brooks was going to rule against them and see right through transparently

that this lawsuit had no merit. So Donald Trump doesn't want to face Donald middle Brooks and judge middle Brooks. So what he does is now, instead of driving up to Virgo Beach to hand file something or for it, Lauderdale, his lawyers electronically filed in Miami, hoping to God, I assume, that it would be assigned to one of a small handful of more conservative Republican leaning jurists, ones that were appointed by him, especially. There's more of them down there.

There's more likelihood that that could happen, at least the odds. So he took a shot. Unfortunately, the wheel came up judge Darren Gales judge Darren Gales first openly gay black judge confirmed by the Senate. That Darren Gales and Obama appointee that Darren Gales. Can if you were to construct a judge that Donald Trump didn't want, it would look a lot like Darren Gales. That is now the judge that's going to be hearing all sorts of motion practice that will be coming out of this case, a motion to dismiss for lack of personal jurisdiction, which means why are we in Miami when the defendant resides in New York?

And what is the connectivity or nexus between the defendant and the jurisdiction? If there isn't any, the case gets dismissed for lack of personal jurisdiction. Then let's look at the charges or the claims or cause of action. These are not for defamation, even though he claims he was defamed Donald Trump by Cohen, these are breach of contract, breach of Covenants for confidentiality, breach of professional responsibility and fiduciary duty that Cohen as a lawyer then for Trump is claimed to have owed Donald Trump. It's just an excuse for him to write 400 paragraphs attacking a bashing Michael Cohen while he's the lead witness against Donald Trump in the stormy Daniels prosecution. And because the judge up there effectively told him, be careful what you say out loud. Donald Trump just converted that into a lawsuit to give him a little bit of litigation privilege.

It's a little bit of privilege against defamation that you can do when you're a litigant. And so he did that. And he put it all together and he filed it in the wrong court, in the wrong courthouse, in the wrong state against Michael Cohen. So motion to dismiss, for lack of personal jurisdiction, for sure, potentially motions to dismiss because many of these claims date back years before the statute of limitations is probably run. And so therefore, you've got a statute of limitations argument before you even get to the merit.

Do any of these things equate to a breach of fiduciary duty? Do any of them equate to a breach of contract? Do any of them equate to a breach of confidentiality agreement? That's for the judge to decide. And that judge, as of today, is Judge Darren Gales Obama appointee in Miami, who formerly had a long and illustrious career in the state court, circuit court in Miami, date county, as well, before he was elevated to the federal bench. We'll watch this closely.

We'll watch the next moves that Michael Cohen will make as a defendant against this lawsuit and we'll report on it at midweek and on Saturdays on a legal AF Podcast that I co-anchor on the Midas Touch Network. I do these hot takes as well about every day, if not every hour on developing stories that sit at the intersection of law and politics. And you can find them on the Midas Touch Network on YouTube as well. You can get our podcast every Wednesdays and Saturdays everywhere that you can get your podcasts from, from Apple to Spotify to Google. And if you like what I'm doing,

you can follow me on social media at MSPOPOC. This is Michael Popoc, legal AF reporting. Lock him up. Indicman season is upon us. Celebrate with the new indictment season, t-shirt and v-neck exclusively at store.mitustouch.com. [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO MUSIC PLAYING [♪ OUTRO you