The MeidasTouch Podcast - Trump Files LATE NIGHT APPEAL NOTICE after BIG LOSS…

Episode Date: September 4, 2024

MeidasTouch host Ben Meiselas reports on the late night Tuesday appeal that Donald Trump just filed trying to remove the state criminal case where he was convicted and is about to be sentenced to federal court. Thanks to Lumen! Go to https://lumen.me/meidas and use promo code MEIDAS at checkout to get $100 off your Lumen! Visit https://meidastouch.com for more! Join the MeidasTouch Patreon: https://Patreon.com/Meidastouch 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 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 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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president anymore, but this is what his lawyers refer to him as, that the above captioned defendant appeals to the United States Court of Appeals for the second circuit from the opinion and order entered on September 3rd, 2024, electronic case filing number 50, denying leave to file and summarily remanding President Trump's second removal notice pursuant to 28 U.S.C. section 1455 sub B sub 4 signed by Donald Trump's lawyer, Emil Bove. Let me break that all down for you. So recently, Donald Trump attempted to remove to remove that case, transfer it from state court to federal court, citing the United States Supreme Court's absolute immunity ruling and saying that there are

now federal issues requiring this case go from state court to federal court. In other words, Donald Trump is just trying to delay the sentencing from happening. Now, when Donald Trump filed his removal request originally, he did not include with it a certificate that said that either the district attorney's office agreed to the removal or requesting a good cause finding by the district court judge. In this case, it's Judge Alvin K. Hellerstein is the federal judge who would have jurisdiction over this matter because back in July of 2023, Donald Trump also tried to have this state case removed to federal court and it was denied by the same federal judge back in July of 2023. So Donald Trump tried this a second time.

And you'll recall in our reporting, federal district court judge Alvin K. Hellerstein at first rejected it on the technical grounds that Donald Trump did not include a certificate of consent by the district attorney's office, nor did Donald Trump request that the district court judge find for good cause that the case can be removed to federal court. And because Donald Trump had already been convicted in the state court action, because the proceedings are kind of really late, it has that extra requirement if you're attempting to remove the case to federal court, you have to satisfy those standards. Did the district attorney's office agree to it? Or did you request good cause from the federal district court judge.

Then once the case gets removed to federal court, if one of those two things occur, the district attorney's office still would have the opportunity to challenge the removal from state court to federal court and say that there isn't federal jurisdiction at all. But because it's late in the proceedings, there's this extra gatekeeping function, that certificate of, is there an agreement by the DA that was made? Or did the district court judge agree to the removal and make a finding of good cause? So none of that happened. So it got rejected. So after it got rejected, Donald Trump's lawyer, Emile Beauvais, then refiled and then requested a good cause determination be made by federal judge Hellerstein, Alvin K. Hellerstein. And Judge Hellerstein's like, no, I'm not making a finding

of good cause. Judge Hellerstein's like, you came to me back in July of 2023 before this state court case proceeded to a jury verdict where Trump was convicted. I rejected it back then. And Judge Hellerstein said, when I assessed it then, it was sure. It was before the United States Supreme Court made its absolute immunity ruling.

But back in July 2023, the federal judge held an evidentiary hearing and Hellerstein said, I ruled then that making hush money payments to porn stars has nothing to do with the role of official conduct of a United States president. So it falls well outside any outside perimeter of what could be construed now as affording Donald Trump immunity in this case. There's no immunity. There's no jurisdiction. I'm rejecting it. I'm not finding good cause.

We're sending this case back to the state court and we're not even going to allow it to be removed. So Donald Trump is appealing that. Lumen is the world's first handheld metabolic coach. It's a device that measures your metabolism through your breath. Then on the app, it lets you know if you're burning fat or carbs and gives you tailored guidance to improve your nutrition, workout, sleep, and even stress management. That's why I love it. All you have to do is you breathe into your Lumen first thing in the morning,

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So this all happened in the same day. All of this happened on Tuesday and Donald Trump's notice of appeal was filed on Tuesday night. Donald Trump filed an amended removal request, which was immediately rejected on Tuesday by the district court judge and when that was rejected. Then later in the night, Donald Trump went to the Second Circuit Court of Appeals, and that's what the breaking news is. Just so you can see what Judge Hellerstein ruled earlier on Tuesday, it's very short. Let me just read it for you so you can see the very precise words used by the federal judge. So federal judge Hellerstein said, in the Trump Supreme Court case on absolute immunity, the Supreme Court held that a former president is entitled to absolute immunity from criminal prosecution for actions taken in exercise of his core constitutional powers, to at least presumptive immunity for acts within the outer perimeter of his official responsibility

and to no immunity for his unofficial acts. Criminal courts trying the former president are required to evaluate his actions to distinguish official from unofficial conduct. The outer perimeter of the former president's official responsibilities extends to those actions that were not manifestly or palpably beyond his authority. former president's official responsibilities, extends to those actions that were, quote, not manifestly or palpably beyond his authority. Private schemes with private actors unconnected to any statutory or constitutional authority

or function of the executive are considered unofficial acts. I held in my order and opinion of July 19, 2023, that, quote, hush money payments to an adult film star is not related to a president's official acts. It does not reflect in any way the color of the president's official duties. My holding followed an evidentiary hearing where the people showed conclusively that Mr. Trump reimbursed Michael Cohen for advancing the hush money payments, including two checks signed in the White House by Mr. Trump. I held that Mr. Trump had not satisfied the burden of proof required to show

the basis of removal. My holding of a hush money reimbursement remains true, regardless of who has the burden, whether the people or Mr. Trump. Nothing in the Supreme Court's opinion, again referring to the absolute immunity ruling by the Supreme Court, nothing in the Supreme Court's opinion affects my previous conclusions that the hush money payments were private, unofficial acts outside the bounds of executive authority. It clearly appears on the face of the notice and exhibits attached thereto that the removal, removing from state court to federal court, should not be permitted.

Good cause has not been shown and leave to remove the case is not granted. In other words, permission for Trump to take this state court criminal case where he was convicted and transfer it to federal court for further proceedings is not granted, denied. The clerk shall terminate ECF, which is just the docket number, number 48. The request is voided. In other words, it's denied and it's back to the state court for sentencing on September 18th. And before that, Justice Juan Merchan and the state court will be making a ruling on Trump's claim of absolute immunity. But what Trump is doing on Tuesday night is he's saying, rushing to the Second Circuit Court of Appeals and begging that the Court of Appeals overturn the order that I just read you to permit the leave to take the state court and remove it to federal court.

What is Donald Trump trying to do here, though? It's obvious, right? He's trying to very quickly get this in front of his friends in the United States Supreme Court, the justices he appointed who made the ruling on absolute immunity, because he's trying to do everything in his power to derail the sentencing scheduled for September 18th. He's a convicted felon. He does not want to be sentenced. He knows that the American people will remember

that conduct. He does not want to go to prison. And so he's going back to his Supreme Court appointees and he's making a stop right now at the Second Circuit. But of course, he's going to go to the United States Supreme Court if the Second Circuit rejects his appeal, and he's going to do everything he can to try to delay the sentencing. This is his conduct. This is what he does. He's using political action committee money like he has before, almost certainly here, to pay for this. I don't know that for a fact here, but that's how he's been using the money for all of his other purposes to delay, delay, delay. And we'll keep you posted every step of the way. But I wanted to give you that update right there because Tuesday night he filed that notice of appeal to the Second Circuit saying, You should not have rejected my effort to take the conviction in the state court and

send it to your federal court as a result of the Supreme Court's absolute immunity ruling. Second Circuit, let me be in the federal court system. Take me out of the state court system where I was convicted. See what the Second Circuit does thereafter. If the Second Circuit rejects Trump's request and affirms what hellerstein did donald trump will immediately seek an emergency writ before the united states supreme court he's going to try to do all of that before that september 18th i know a lot of complicated concepts there but i think you've got it down now We'll keep you posted every step of the way. Hit subscribe.

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