Legal AF by MeidasTouch - Trump’s OWN Lawyers Call Behavior VILE, but BEG Court to REJECT GAG

Episode Date: November 27, 2023

MeidasTouch host Ben Meiselas reports on the latest filing by Trump’s lawyers on the Appellate Division in New York where they admit the statements being made about Judge Engoron and his clerk are vile by say Donald Trump should not be gagged.  Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. Visit https://meidastouch.com for more! 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 Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

Donald Trump's lawyers state that while the threats against judge and Goran and judge and Goran's principle law clerk may be quote, vile and reprehensible. Trump argues in a new filing, they do not constitute a clear and present danger of imminent harm as required under established precedent. Apparently, for Donald Trump and Donald Trump's lawyers, it's going to take somebody to be killed or attempted to be killed before a gag order can be imposed. I'm Ben Myceles from the Midas Touch Network abhorrent. It's perhaps the right word to describe Donald Trump's most recent filing before the appellate division first department in New York, where Donald

Trump is challenging judge and goreons very narrowly tailored gag order, which basically states, do not attack my principal law clerk, which Donald Trump and Trump's lawyers continue to do. Donald Trump filed an emergency petition a few weeks back under article 78, which is essentially initiating a new lawsuit against judge and Goran to demand the appellate division, take immediate administrative action to block certain behavior by administrative officers. It's a rarely used device and not applicable here as the New York Attorney General points out in their briefing. This is not the appropriate procedure for even challenging a gag order like this.

Nonetheless, the Appellate Division First Department judge granted temporary relief as they did earlier before the trial even started in this New York Attorney General civil fraud case and temporarily lifted the gag order imposed by judge and gore on. Now there's briefing before a full panel in the appellate division. So Donald Trump filed the first brief, then the New York Attorney General's Office filed their brief through the Solicitor General's Office in New York, which included a very detailed declaration from the public security officer who deals with threat assessments regarding judicial officers throughout the state of New York. And in that threat assessment that was filed by the solicitor general's office of New

York, a public safety officer by the name of Charles Holen wrote in an affidavit the following the messages received by justice and Gaurant and his staff every day has created an ongoing security risk for the judge, his staff and his family. The implementation of the limited gag order resulted in a decrease in the number of threats, harassment, and disparaging messages that the judge and his staff received. However, when Mr. Trump violated the gag orders, the number of threatening, harassing, and disparaging messages increased. On a daily basis, the judge and his staff

are being inundated. With hundreds of harassing and threatening phone calls, voicemail messages, and emails that has resulted in the judicial threat assessment unit, having to constantly reassess and evaluate what security protections to put in place to ensure that the safety of the judge and those around him are protected, signed by Charles Hulton, the head of the public security, one of the heads of the public security overseeing all of the New York courts.

And look, while Maga Republicans and Donald Trump want to say back the blue and all of those things, there you have an officer. You have the law enforcement officials actually saying that what's occurring is the opposite. You are creating a situation of threats of lawlessness. And again, all of that performative crap that's being spewed by MAGA when it comes down to it. It's not law and order. It is lawlessness, chaos and disorder. And you have a particularized declaration right there by an officer, Charles Holton, saying the threats are imminent and incredibly dangerous and they decrease when the gag orders impose they increase when the gag orders taken away. So then what is Donald Trump file in response to that right article 78 filing by Trump opposition by the Solicitor General's office with that declaration by the public security

threat assessment officer, then Donald Trump's reply. That's just filed. That states the communications to the judge and the law clerk. Yeah, maybe this is exact words. While violent reprehensible, they don't constitute clear and present danger of imminent harm as required under established precedent. And that's where Donald Trump relies on his mafia so language. He hopes that the vagueness and ambiguity when he just posts the photo of the law clerk and says that, you know, it would be unfortunate if this goes the wrong way or, you know, you know, what to do or gives the various signals with the photos like this is a deranged person, you know, and words to those effect.

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Then Donald Trump goes out there and then he makes a joke about it and says, oh, I guess they should have built the wall around Nancy Pelosi's home and then mocks the and attempted murder by the Magga follower. So it's all part of this totality of circumstances, cycle of terror that Donald Trump is creating. And here's what they put in their reply as well. Donald Trump's lawyers. That was just file respondents, the court and the New York attorney generals, sole, cognizable justification for the gag order is that an unknown third party may react in a hostile or offensive manner

to petitioners' speech, to Trump's speech. This should be rejected. Since before the trial began and continuing thereafter, certain individuals to whom there is no indication petitioners have any connection or exercise any control have engaged in behavior that petitioner does not condone. So Trump is saying, I don't support this behavior of all of the people who I'm riling up with my comments. More specifically, the Hullin affirmation, which I just read to you, contains no date or time references associated with the transcribed excerpts and nothing at all except hearsay regarding any communications to the principal's law clerk personal cell phone and or email

addresses. So they're saying, because the threats are out of court statements, unless you bring in the people who are engaged in the threats they should be excluded as hearsay is what Donald Trump is arguing. Can you imagine how disingenuous that statement is right there? The whole in affidavit includes no mention of the fact that on the first day of trial, the principal law clerk allowed herself to be voluntarily photographed, videotaped and identified by name in the national and

international media despite the prior existence of purported security concerns. So then he blames the victim. It was your fault. It was the victims fault why this went down. Moreover, the communications themselves while violent reprehensible do not constitute a clear and present danger of imminent harm as required under established precedent, a presumptively invalid prior restraint simply cannot be justified by post-hoc conflations of petitioners, valid concerns regarding the Supreme Court's partisan bias with the

contemptible and offensive messages left by unidentified individuals on unspecified dates. In other words, Trump's argument, you can't connect Donald Trump's speech with any of these people. These are just random, dangerous people who are on their own doing this. Trump has nothing to do with that at all. That's how disingenuous Trump's argument is here. And by the way, I think incredibly cowardly. While the comments by anonymous third parties

regarding the principal law clerk's religion, appearance, and personal activities are reprehensible, they are not properly redressed by the wholesale suspension of petitioner's first amendment rights, especially whereas here, serious injuries relating to the partisan bias on the bench loom large, that is nothing more than the endorsement of a prohibited hecklers veto. Moreover, as noted, none of the comments represent

the requisite clear and present danger of specific imminent harm. Additionally, the purported security concerns are disingenuous given the principal clerk's voluntary public in partisan posts and political activities and her insistence in remaining as a constant unprecedented presence on the bench, allowing herself to be filmed and then viewed by an audience of millions since the underlying extraordinarily high-profile trial comments. In other words, Trump's arguing, she deserves what she is getting, the judge deserves what she is getting. And then they cite this doctrine, which they've talked about in the Washington, DC gag order case, the Washington, DC gag order brought by Judge Tanya Chutkin, where they argue this is like a hecklers, like Donald Trump's a heckler.

And he should say whatever he wants and if somebody gets motivated by the heckler to engage in this conduct, not the heckler's fault. It's you got to go blame the other people for it. But you see that there's a clear and present threat that Donald Trump is motivating here. And finally, I'll leave you with just with this. Now that it's fully brief, it's just always such a cowardly position by Donald Trump. And to me, this is where, you know, on the, just like in the Washington DC case,

he wants to strike allegations that link him to the January 6th insurrectionist while he gives speeches at rallies, playing the song of the J6 choir and praising the J6 insurrectionists, including the very violent and dangerous ones and all of them are criminal, but praising the J6 insurrectionists. And then in court, go on, I don't know these people.

What? What are you talking about? I don't want to be affiliated with these people. You know, and same thing here is what he's doing. I'm just doing first amendment speech, blame them, blame all of the other people who are committing the crimes. They're the ones who are to blame. Don't blame me. I'm just the heckler. And that to me is like just throw everybody under the bus, destroy everybody else's life and they're all willing participants in it. And then Trump goes, I got nothing to do

with. That's what are you talking about? So that's what you see here with Donald Trump's reply brief. That was just file. There will be argument and we'll let you know when there's a order on whether or not the gag order will be reimposed. I'm Ben Myceles. This is the Midas Touch Network. Hit subscribe. We're on our way to two million subscribers.

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