The MeidasTouch Podcast - Trump hit with SCATHING LETTER in Federal Court

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Starting point is 00:00:50 charge bet mgm operates pursuant to an operating agreement with iGaming ontario i'm ben mysellis from the Midas touch network donald trump was just hit with a scathing letter in new york federal court sent by e. Gene Carroll's lawyers in E. Gene Carroll's civil rape and defamation case against Donald Trump, which is set to go to trial on April 25th, 2023. Late on Tuesday night, April 10th, 2023, Donald Trump's lawyer sent a letter brief

Starting point is 00:01:21 to the federal judge, Judge Lewis Kaplan, asking for a four-week delay in the E. Jean Carroll trial, claiming that they needed a, quote, cool-off period based upon the, quote, carnival-like atmosphere, end quote, attendant with all of the press associated with Donald Trump's criminal arraignment in Manhattan. And of course, Donald Trump took no blame in the letter brief to the federal judge for a circus-like atmosphere around his criminal arraignment and blamed Manhattan District Attorney Alvin Bragg entirely. As we reported here on the Midas Touch Network, Donald Trump's letter brief asking for

Starting point is 00:02:06 this delay is more of the same from Donald Trump. Delay tactic after delay tactic. And we believe that Judge Lewis Kaplan, the federal judge in this case, who has already called Donald Trump out for these delay tactics, was not going to be supportive of Donald Trump's request to delay, especially when Donald Trump was the one who sought out a circus-like atmosphere for his criminal arraignment when the Manhattan District Attorney offered to do it by Zoom. And we also predicted that E. Jean Carroll's lawyers would call Donald Trump out for his hypocrisy. And that is exactly what they did in this scathing letter that was just sent to Judge Lewis Kaplan. E. Jean Carroll's lawyer in their letter say, in all events, Trump is exceptionally ill-suited to complain about fairness when he has instigated and sought to benefit from so much of the very coverage about which he now

Starting point is 00:03:08 complains. The letter goes on to say, if anything, it is somewhat perverse for Trump to seek a continuance in these proceedings based on the recent indictment when so much of the publicity he complains about has been driven by his own incendiary statements. Trump should not be heard to complain about unfairness from pretrial publicity when he has done everything in his power to intensify such coverage, including through statements that threaten and provoke violence against law enforcement and courts. In fact, Trump filed his motion for a continuance less than two hours after appearing on Tucker Carlson's show, where he discussed, among other things, the indictment. Meanwhile, the first seven items in his political campaign store include fake mugshots from

Starting point is 00:04:07 the Manhattan DA indictment. Within legal bounds, Trump is free to oppose the pending criminal indictment. However, he sees fit and to develop a political strategy that addresses it. But the Constitution does not entitle him to leverage his public opposition to the indictment and ensuing press coverage into a basis for avoiding his trial date here. Very powerful words by E. Gene Carroll's lawyers. One of the things that Donald Trump's lawyer, Joe Takapina, put in his letter brief sent on Tuesday night to request this delay of trial for this cooling off period is he cited Google.

Starting point is 00:04:52 He cited Google for the proposition that there have been lots of articles on Donald Trump since the criminal arraignment. Well, E. Gene Carroll's lawyers took that Google argument and threw it right back on Donald Trump's lawyer's face. And this is what E. Jean Carroll's lawyers put in their brief. Moreover, the publicity around these issues is not nearly as widespread or persistent as Trump believes. Trump bases his argument, to your honor, on a Google search. But Google Trends, which tracks how often terms

Starting point is 00:05:28 are searched for, offers a very different and more granular picture. Search for, quote, Donald Trump and, quote, Donald Trump indictment very briefly spiked when the indictment was announced and when Trump was arranged. So searches spiked during that period. But interest in those topics has already fallen by over 85% and is now roughly even with pre-indictment levels. The quote Donald Trump indictment search on Google Trends also offers another relevant data point. When the results are analyzed through the quote, interest by sub-region tool, New York, New York ranks only 64th in the United States

Starting point is 00:06:13 behind Cleveland, Akron, Ohio, and ahead of Las Vegas. In other words, it appears New Yorkers are not as fixated on Trump as he thinks they are. That was a perfect slam by a Gene Carroll lawyer of Donald Trump. One, taking Donald Trump's lawyer's frivolous Google argument and go, okay, you want to cite Google? Let's actually look at the Google analytics then. And the Google analytics show Donald Trump just not as popular as he and his cult supporters think that they may be.

Starting point is 00:06:47 And then this letter brief does a very good job in just citing the case law on when pre-trial publicity becomes so adverse and so overwhelming as to create a constitutional due process concern for a defendant in a case. And the case law, as this letter briefed by E. Jean Carroll's lawyers point out, is not supportive that any of the type of publicity that Donald Trump received here would cause any constitutional concerns. And what they point out in the letter is that oftentimes these pretrial publicity concerns are often more focused on smaller towns or smaller cities

Starting point is 00:07:35 where everybody knows and there is some massive confession that takes place that would create a great degree of prejudice. But as the letter points out here, the case filed by the Manhattan District Attorney and the facts in this case that E. Jean Carroll's alleging that she was raped and that she was defamed, they're incongruous facts. And Donald Trump's lawyers in their letter to the court tried to argue, oh, the case filed by the Manhattan District Attorney involves an alleged consensual sexual affair. And because there's a sexual nature there, that's what makes that very similar to this case where E. Jean Carroll alleges that she was raped by Donald Trump. And E. Jean Carroll's lawyers point out that they're very different cases. They're very different situations.

Starting point is 00:08:31 E. Jean Carroll has no involvement or role whatsoever in Donald Trump's falsification of business records. And there is no constitutional concern there. As E. Jean Carroll's lawyers write in this letter, as discussed below, courts must distinguish between mere familiarity with a party or his past and an actual predisposition against him, since to ignore the real difference in the potential for prejudice would not advance the cause of fundamental fairness, but only make impossible the timely prosecution of persons who are well known in the community, whether they be notorious or merely

Starting point is 00:09:13 prominent. Here, the court will undertake a careful voir dire process to address any potential for prejudice arising from pretrial publicity. The constitutional adequacy of that process is only confirmed by the size of the jury pool, the fundamental difference between the complaint of publicity and the subject matter of this lawsuit, and the rapidly diminishing nature of the relevant pretrial publicity, which basically means the court is going to be conducting a process to determine jurors will be free from bias that will prevent them from being fair and from being impartial and from hearing the evidence and making a decision based on the law rather than any preconceived bias, which would make them not

Starting point is 00:10:07 be able to be a fair and impartial juror in this case. And so they're saying, look, judge, you're going to go through the voir dire, which is the jury selection process, and you will be able to make sure that this is safeguarded. And then it goes on to say, waiting an additional four weeks will do nothing to cool the unavoidable press and security concerns that will attend this trial in any event. And then the letter goes on to say, here, the only basis on which Trump seeks a continuance is adverse pretrial publicity. But time and time again, the United States Supreme Court has held pretrial publicity in connection with the case to be tried, even if it's pervasive adverse publicity,

Starting point is 00:10:53 does not inevitably lead to an unfair trial. And it goes on to cite numerous Supreme Court cases and federal cases, which basically say just because there's a lot of press and attention does not create a presumption of an unfair constitutionally infirm or unfair trial. And then the letter goes on to say, and guess what? Donald Trump created this issue. He's on Tucker. He's the one posting these threats against courts and law enforcement and prosecutors. He's the one seeking out this attention. And now he can't claim, oh, that's why I need a delay because he's out there seeking attention. What do I think Judge Kaplan is going to do? The federal judge in New York, I think Judge Kaplan

Starting point is 00:11:43 is going to deny Donald Trump's request. Judge Kaplan has previously called Donald Trump out in prior orders for his delay tactics. And I don't just expect there to be a short minute order. I do expect there to be some additional statements made by Judge Kaplan about why Donald Trump's request is without merit and specifically that Donald Trump was the one seeking out this publicity and Donald Trump's been out there threatening people. And if anyone's to blame for any carnival-like atmosphere, it is Donald Trump. Recall, this is the same judge who ordered an anonymous jury pool, an anonymous jury selection, and anonymous jurors based on Donald Trump's public threats against other jurors in the past

Starting point is 00:12:32 and prosecutors and the court. So this judge I don't think is going to have it at all, but we will follow up as soon as we get the order. I'm Ben Micellis from the Midas Touch Network. Hit subscribe. We're on our way to 1.5 million subscribers thanks to your incredible support. So please hit subscribe. You can also check us out at patreon.com slash Midas Touch. We have lots of great memberships there for you to join. We just held a live discussion on our Patreon. Check us out there. Also, wherever you get your audio podcasts, please subscribe to the Midas Touch podcast. Search Midas Touch podcast. Hit subscribe. It goes a long way to help this network when you're subscribed to that podcast. Thank you so much. Now hit subscribe on this YouTube video. Have a great day.

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The MeidasTouch Podcast - Trump hit with SCATHING LETTER in Federal Court

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