The MeidasTouch Podcast - Trump Accidentally TRAPPED HIMSELF in Court with WORST LAWYERS

Episode Date: January 4, 2024

MeidasTouch host Ben Meiselas reports of how Donald Trump’s inconsistent legal positions in different cases, both civil and criminal, along with his usual delay tactics have backfired left him like a cornered rat. Go to https://boncharge.com/meidas and use coupon code MEIDAS to save 15% 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

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free of charge bet mgm operates pursuant to an operating agreement with iGaming ontario let's take a look at how donald trump's very poor lawyering has come back to screw him big time. Here is an order just issued by the United States Court of Appeals for the Second Circuit in the E. Jean Carroll defamation case set for trial in just a few weeks this January. Here's what the Second Circuit just ruled. Appellant Trump, has filed an application contained with the pending petition for rehearing or rehearing en banc to stay the district court proceedings. It is hereby ordered that the application is denied. Explain why this has broader implications as Donald Trump now needs to contemplate if he's going to go to the United States Supreme Court.

So the Second Circuit Court of Appeals right here just denied Donald Trump's petition for a rehearing or an en banc hearing, meaning before all of the Second Circuit judges, not just the panel that just recently denied Donald Trump's appeal of the district court decision that basically said Donald Trump waived the right to assert absolute presidential immunity in the E. Jean Carroll case. The Second Circuit affirmed the trial court, the federal court for the Southern District of New York District Court ruling, saying that Donald Trump waived the ability to assert absolute presidential immunity at this stage as we are on the eve of this defamation trial set for January. Now, E. Jean Carroll, why are we even talking about absolute presidential immunity at all? Well,

because this is the trial that relates to Donald Trump's defamatory statements made while Donald Trump was in office, disgracing the office, in 2019. This trial took longer than the other E. Jean Carroll trial where Donald Trump was hit with a $5 million judgment for sexual abuse or rape, as well as defamation back in May. The jury awarded E. Jean Carroll $5 million. And this 2019 case took longer to go to trial than the May case because it was held up in a bunch of other appeals where Donald Trump tried to have the United States substitute in in place of Donald Trump in this case, which was ultimately rejected.

But Donald Trump's lawyers, like Alina Haba, failed to assert absolute presidential immunity as an affirmative defense for like three years in this E. Jean Carroll case for statements made while Donald Trump was in office in 2019. So the district court and second circuit said too bad, so sad, too late. Alina Haba and Donald Trump, you waive the right to even assert it. Now, how difficult is it to assert absolute immunity as an affirmative defense? It is basically check a box. You say in a pleading, what's called an answer, you say defendant hereby asserts absolute presidential immunity. Had they done that for some period within about three years, they wouldn't have waived it, but now they waived it. So the district court says it was waived.

Donald Trump went to the second circuit court of appeals. The second circuit court of appeals said you waived it. And then Donald Trump said, but pretty please, maybe you could do a rehearing. That's what this order was about. And the Second Circuit said, nope, no rehearing. And Donald Trump goes, maybe we could have not just the three-judge panel in the Second Circuit, maybe all of the judges can hear it. That's called an en banc hearing, E-N-B-A-N-C, two words, and bunk hearing. And the Second Circuit said, yeah, no. And then Donald Trump said, but please, please, can we stay the district court? I don't want to go to trial. I just saw Rudy Giuliani get hit with the $148 million defamation verdict. And the same damages expert is going to be testifying in my trial that testified before Rudy Giuliani. So can I please, please,

please delay this case? Can you please say that I don't want that expert to testify? And the Second Circuit said, too bad. So sad. We're not staying this. We're not delaying this. So now what is Donald Trump going to do? Well, this is where he's trapped. This is based on this order by the Second Circuit Court of Appeals. So Donald Trump is publicly telling Maggie Haberman at the New York Times, oh, I'm going to show up. I'm going to be a tough guy. I'm going to make sure that I show up and testify at the E. Jean Carroll second defamation trial.

Folks, isn't that what Rudy Giuliani said? Isn't that what Donald Trump always says? So I don't think Donald Trump's going to be testifying at all at the E. Gene Carroll defamation trial, though I certainly hope he does. That's going to make sure those damages are even higher. But what Donald Trump is likely to do here, you can go back when this is what happens, is he going to now file a petition for certiorari before the United States Supreme Court? You now know what cert is, C-E-R-T, or certiorari. That's requesting the Supreme Court hear oral argument on an issue on an emergency basis. So what would Trump argue? Supreme Court, I need you to rule on an emergency basis these issues of absolute presidential immunity because I have this E.G.

Carroll trial that's about to start in like two weeks in January and you need to address absolute presidential immunity right now. Supreme Court, please, can you do it on an emergency basis? Trapped. Why is Donald Trump trapped by his horrible lawyering? Because Donald Trump just took the exact opposite go to the United States Supreme Court to hear Donald Trump's appeal on the issue of absolute presidential immunity in the criminal case, not a civil case, in the criminal case, where District Judge Tanya Chutkan denied Donald Trump's motion to dismiss the Washington, D.C. federal criminal indictment on absolute presidential immunity grounds. Judge Tanya Chutkin stated, nope, based on the text, structure, and history of the Constitution, there is no absolute presidential immunity when it comes to criminal cases for former presidents. Donald Trump filed an appeal to the D.C. Circuit. D.C. Circuit Court of Appeals is expediting that, right? On January 2nd, Trump filed his reply.

Oral arguments will take place on January 9th. But Jack Smith was like, whoa, whoa, whoa, let's just go right to the Supreme Court. This issue of absolute presidential immunity is urgent. Let's hear it on an emergency basis. Supreme Court, can you hear it right now? And Trump argued, despite the bravado and the bluster and all the things his lawyers were saying on TV that they want the Supreme Court to hear, Trump said, no, no, no, Supreme Court, you can delay it. You can delay it. Trapped.

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That's B-O-N-C-H-A-R-G-E.com slash Midas and use the coupon code Midas to save 15%. Now in the second circuit, Donald Trump stuck. Does he go to the Supreme Court right now on a petition for certiorari and say that this is an emergency? You need to rule on absolute presidential immunity right now as it applies in this civil case on this issue of waiver in the E. Gene Carroll case. And please stop the E. Gene Carroll trial from going forward. But by doing that maneuver,

special counsel Jack Smith is going to have a great argument when the D.C. Circuit Court of Appeals rejects Donald Trump's baseless and frivolous appeal on the issue of absolute presidential immunity. And the D.C. Circuit Court of Appeals affirms the district Circuit, saying that that trial is going to happen in January, the timing of this is beautiful because then January 9th will be the D.C. Circuit Court of Appeals argument. A few weeks out, maybe within five to 10 days thereafter,

the D.C. Circuit Court of Appeals will probably have their written order affirming the district court denial of Donald Trump's motion to dismiss. And if Trump files an appeal in the second circuit in the defamation case by E. Jean Carroll, Special Counsel Jack Smith's going to say, let's just merge the issues. You're already hearing Supreme Court the issue of absolute presidential immunity on the issue of whether it can be waived. So we want you to also

hear the issue right now of absolute presidential immunity in the context of criminal cases. So Trump's got to think money, $148 million Giuliani verdict, same expert testifying in E. Jean Carroll, or freedom. He's committed crimes. He doesn't want to go to jail. He's trying to do everything he can to delay the Washington, D.C. criminal case from going to trial. In E. Jean Carroll, an emergency appeal petition for certiorari to the Supreme Court can come back and backfire on the Washington, D.C. criminal case when the D.C. Circuit Court of Appeals rules because Jack Smith's going to say Supreme Court, Trump's saying it's an emergency. He said it wasn't an emergency. And now he's saying all of a sudden it is an emergency when it comes to money on the E. Gene

Carroll case. So Trump is utterly trapped right now by his own doing. And here's the thing as well. The Supreme Court is now going to be hearing the, Trump filed a petition for certiorari on the issue of the 14th Amendment Section 3 disqualification order by the Colorado Supreme Court. So the Supreme Court is going to be hearing that issue where Trump claims he did not take the oath of office to support the constitution. That's one of Trump's main arguments and that he's not an officer and that the courts don't have power when it comes to the decisions and states don't have power on the decisions to disqualify. That's Trump's argument on the 14th Amendment Section 3 disqualification cases.

Trump's argument on the absolute presidential immunity cases is that you accept all of the allegations in Special Counsel Jack Smith's indictment as true. Everything special counsel Jack Smith alleges that I, Donald Trump, did, Trump argues, that's all official responsibilities of the president. So everything I did that Jack Smith says was a crime about interfering with state elections and overthrowing results and filing perjurious declarations

and the fake elector scheme and threatening local and state election official. All of that, Trump says, that's what the president's supposed to do. And presidents are absolutely immune. So think about these arguments that are shaping up. And it goes back to that statement from the Access Hollywood tape when Trump says, when you're a star, they let you get away with it. You can do whatever you want, right? Trump's view as what the president should do is like his view as a

disgusting sexual abuser, where he goes, when you are the president, you can abuse the country and they let you, and you don't have any remedy at all. That's what Trump is arguing. 14th Amendment Section 3 doesn't apply because he says, I never took the oath. Donald Trump says, absolute presidential immunity. I can do whatever I want to do. All of those are within the outer perimeter of official responsibilities. Think about that. But now it is all shaping up very quickly as we headed right into 2024, like we said was going to happen, where Trump, every which way he looks, it's all moving quick right now. And all these different courts and his bad lawyering and the very good patient lawyering by Jack Smith and Bonnie Willis and New York Attorney General Letitia James.

Trump has been placed into a complete bind and it's all going very, very quickly right now, as we said it would in 2024. So folks, there you have it. Here's what we need you to do though, for real. Leave a comment below about these videos. Make suggestions in these videos. When you make comments on these YouTube videos, it helps the algorithm.

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