The MeidasTouch Podcast - Trump Attorney STEPS INTO IT with Response to NY Judge

Episode Date: February 8, 2024

MeidasTouch host Ben Meiselas reports on the responses by the New York AG and Donald Trump’s lawyer Alina Habba to the request by Justice Engoron to provide information about potential criminal perjury by co-defendant Allen Weisselberg. Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/MEIDAS and use the code MEIDAS 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

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the final verdict in this case. The New York Attorney General submitted their brief on Wednesday. Alina Haba, who's representing Allen Weisselberg, one of the co-defendants in that matter, submitted her brief as well. And some really interesting things, folks. And when I say MAGA stands for Make Attorneys, Get Attorneys, I mean that quite literally. Alina Haba claims that, quote, I have conferred with my ethics counsel, and I have been advised that I am constrained by my professional ethical

obligations from providing any further detail. Make attorneys get attorneys. Meanwhile, the New York Attorney General's letter states actually the applicable rule of professional responsibility in New York, which states the following. If there are facts known to any defense counsel establishing that Mr. Weisselberg committed perjury, such counsel is obligated to disclose those facts, even if privileged, and even if it exposes Mr. Weisselberg to prosecution for perjury. As described in a formal opinion from the Association of the Bar for the City of New York, it talks about how Rule 3.3a3 creates a disclosure obligation if a lawyer, a lawyer's client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, the disclosure to the tribunal.

So Alina Haba, stating that her ethics counsel told her that she's not obligated to do that and she shouldn't, would seem to conflict with the New York Rules of Professional Conduct 3.3a3. Let's break this all down right now, though in the detail that we love here at the Midas Touch Network. Here's the letter from Justice Arthur Ngoron on Monday, February 2024 at 1145 AM sent to the New York Attorney General lawyers, sent to Alina Haba and the other co-defendant lawyers. It says, Dear Counselors, as you are undoubtedly aware, in an article in the February 1, 2024 online edition of the New York Times, headlined Trump's former finance chief in negotiations to plead guilty to perjury. It talks about defendant Allen Weisselberg is negotiating a deal with the Manhattan prosecutors that would require him to plead guilty to perjury.

What's more, he would have to admit that he lied on the witness stand in the case pending before me and during a pretrial interview plaintiff conducted. As the presiding magistrate, the trier of fact, and the judge of credibility, I of course want to know whether Mr. Weisselberg is now changing his tune and whether he is admitting that he lied under oath in my courtroom at this trial. Although the Times article focuses on the size of the Trump Tower penthouse, his testimony on other topics could be called into question. I may also use it as a basis for the doctrine falsus in uno, false in one thing, false in all is what that means.

As the article notes, perjury, particularly in a high-profile trial, undermines the broader ends of justice and cannot be ignored. I do not want to ignore anything like this in a case of this magnitude. He then tells the parties to respond by Wednesday at 5 p.m. So the parties did so. Here's the New York Attorney General letter right here sent by their lead trial counsel, Kevin Wallace, who works with New York Attorney General Letitia James. to Allen Weisselberg's plea negotiations because that is being handled in a separate department within the New York Attorney General's office that may be interfacing with the Manhattan District Attorney, which is the one who would be involved in that. But we, you know, there's separation, ethical walls, if you will, when you're supposed to follow your ethical obligations like New York Attorney General Letitia James does.

But they say, look, make your order now, rule now. We all know that Allen Weisselberg was lying on the stand. We watched it. You can invoke the doctrine of falsus in uno anyway right now and basically declare all of his testimony false. But that is why one of the things we requested, Justice Ngoran, is the independent monitor with robust authority. Remember, go back to some of the legal AFs from very recently over the past two weeks where we were talking about here how one of the strongest remedies that no one's talking about is this ongoing independent monitorship with robust remedies where there could be quick post-judgment enforcement. So New York Attorney General

Letitia James wouldn't have to keep filing lawsuits. If you catch something, if you're determined, for example, that Weisselberg committed perjury, then the independent monitor can report back to the judge right away. The judge can fashion remedies on a kind of seriatim individual basis going forward. You don't need to keep on having trial after trial when there's new facts discovered. So did you know that your temperature at night can have one of the greatest impacts on your sleep quality? If you wake up too hot or too cold, I highly recommend that you check out Miracle-Made's bed sheets. Inspired by NASA, Miracle-Made uses silver-infused fabrics and makes temperature regulating bedding so you can sleep at that perfect temperature all night long. Now using

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Midas to claim your free three-piece towel set and save over 40% off. Again, that's trymiracle.com slash Midas to treat yourself. Thank you, Miracle-Made, for sponsoring this. That's what the New York Attorney General's office provides the protection right here. It says, Dear Justice and Goran, on behalf of the Office of Attorney General, we write in response to the court's request for a letter addressing news reports of the plea negotiation of Allen Weisselberg. At this time, we're not involved in any negotiation and are unaware of what specific trial testimony may be the subject of those negotiations. Other attorneys within the Office

of Attorney General are involved and may know that, but this trial team, there's an ethical wall there where we don't communicate on those things. We're focused on the civil case here. The Office of Attorney General does not, however, believe that this development should result in any delay of a final decision. The court has already found defendants liable for violating executive law. The court should hold them to account and impose the necessary measures to prevent further fraud, including industry bars and the appointment of a monitor with robust oversight as soon as possible. If additional sanctions are necessary to address any additional perjury, the court can retain jurisdiction to address those issues. Given the prospective relief sought here, including affirmative injunctions and close

oversight by the independent monitor, the court will be able to further tailor any relief to account for any developments that may arise as a result of the perjury investigation. And I laugh there slightly because go back and watch Legal AF and some of the other hot takes. We use that exact language almost verbatim here that's in there and saying this is what we thought was going to be requested and what people would be talking about or should be talking about even as much as the $370 to $500 million in disgorgement that is being sought. A letter then goes on to talk about the ethical obligations under the appropriate rule of professional conduct 3.3a3 that I talked about earlier. So then you go to Alina Habba's

letter, and this is, it's so, it's so lame right here. And Habba goes, this letter is submitted to your honor in response to your email correspondence dated February 5th, 2023, where you request this information. As your honor is aware, my office represents Mr. Weisselberg in the instance civil litigation. We do not represent him in connection with any criminal matters. I have not spoken with the New York District Attorney's Office about any of the matters discussed in the New York Times article. Further, in the abundance of caution, I have conferred with my ethics counsel, make attorneys get attorneys,

and have been advised I am constrained by my professional ethical obligations from providing any further detail. No adverse inference should be drawn from my inability to respond. Well, that would seem to conflict with the rule 3.3 that I just discussed. And it goes, as for your honor, as for how your honor should address this matter, they go, no further action is necessary or appropriate matters outside the record, such as outside media sources cannot influence the court's perception of this case or taint the view as to whether Mr. Weisselberg is a credible witness. Think about how lame that is. She goes, I'm only his lawyer in this case, not that case.

Even if he lied in this case, I'm being advised by my ethics counsel not to provide any response. But even if he's negotiating a plea deal that he committed a crime before you, Justice N'Goran, you should just ignore that whole thing because it was written about in the New York Times, and I'm not going to follow my own ethical obligation here under Rule 3.3 and provide you with the information. And then Alina Habes says, therefore, it is respectfully submitted that the inadmissible and unsubstantiated New York Times article should not influence your honor's perception of Mr. Weisselberg's credibility. I mean, I honestly wonder whether or not Justice Ingoron is going to refer Lena Habas to the

state bar for her behavior before him. And clearly right there, I mean, the level of gaslighting. I'm not his lawyer there. I was lawyer in the case, but it's unsubstantiated New York Times and I'm not going to substantiate it pursuant to my ethical obligation because my ethics lawyer is telling me that I shouldn't respond, but don't make any adverse inference based on my failure to respond. That's what I mean. I mean, it's just gaslighting, like just loser lawyering coverups. And it's right there. It's why I want to go through this with you, the letter, so you can

see what they're saying. It's not a Democratic thing. It's not a Republican thing. I mean, this is just a ethical thing. And you can make the determination where you side here, but I'm reading for you what they're saying in their own words. I'm Ben Micellis. This is the Midas Touch Network. Get subscribed. Let's get to 3 million subscribers and join our newsletter at MidasTouch.com slash newsletter. Have a great day. Hey, Midas Mighty. Love this report? Continue the conversation by following us on Instagram at Midas Touch to keep up with the most important news of the day. What are you waiting for? Follow us now.