The MeidasTouch Podcast - Trump RUSHES IN MOTION to NY Judge after SCOTUS RULING

Episode Date: July 2, 2024

MeidasTouch host Ben Meiselas reports on Donald Trump’s emergency motion to Justice Merchan in the Manhattan DA criminal case where Trump cites the Supreme Court’s absolute immunity ruling. Head to https://zbiotics.com/MEIDAS to get 15% off your first order when you use MEIDAS at checkout. 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 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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please contact Connex Ontario at 1-866-531-2600 to speak to an advisor free of charge. BetMGM operates pursuant to an operating agreement with iGaming Ontario. Donald Trump has already moved to set aside the verdict in the Manhattan District Attorney criminal case where Donald Trump was convicted on 34 separate felony counts. Donald Trump is citing the absolute presidential immunity ruling by the United States Supreme Court, which says that Donald Trump not only gets absolute presidential immunity for core presidential functions, official conduct for which Donald Trump should have a strong presumption that his conduct while in office constitutes official conduct subject to absolute presidential immunity, but also to the extent Donald Trump's conduct is determined to be unofficial conduct. Nonetheless, prosecutors are not permitted to use

any of Donald Trump's official conduct to prove his intent or to prove anything or to even introduce it as evidence in a criminal trial. So what Donald Trump is now arguing before Justice Merchant, 10 days before Donald Trump was set to be sentenced, was that there was evidence that was allowed into the district attorney criminal case, such as the meeting at the White House in 2017 with David Pecker and Michael Cohen, who showed up there at an event at the White House where they were celebrating how the hush money tapes were suppressed, how the hush money payments were suppressed, and celebrating how they silenced some of the people who Donald Trump had affairs with. Also, Hope Hicks,

one of Donald Trump's senior aides, was a witness who was called to the stand during the Manhattan District Attorney criminal case, and she was asked questions about Donald Trump's behavior in the White House, statements that Donald Trump made to her, where Donald Trump had made statements to her about, you know, what she thought the outcome would have been had they not caught and killed the bad stories against Donald Trump and falsified business records.

So that was a part of the prosecution showing Donald Trump's intent. Remember, Hope Hicks testified that Donald Trump said that to her in the White House, and she felt she was crying on the stand that she had to admit that Donald Trump said that. Also, you'll recall that Donald Trump's personal assistant or secretary at the White House testified about the protocols and procedures, about Donald Trump receiving mail, how he got mail, how mail came into the White House. And she testified about Donald Trump's habits and procedures in the White House. So what Donald Trump is now arguing before Justice Mershon is even though all of that stuff's not core presidential power, even though all of that stuff is not what Trump

was actually being criminally charged with, nonetheless, that falls under official conduct that should not have been introduced into evidence based on the Supreme Court's ruling. Remember, the Supreme Court went above and beyond what Donald Trump was asking them to do. Donald Trump was asking them to do a lot, declare that I have the power to order SEAL Team 6 to kill my political opponents, to massacre other political parties, to provide nuclear secrets to enemies. Let me do that, Supreme Court. And the Supreme Court said, we're going to let you do that.

That's official conduct. Go for it. But we're going to go a step farther, Donald Trump. And even where it was unofficial conduct, like conduct that. But we're going to go a step farther, Donald Trump, and even where it was unofficial conduct, like conduct that you did before you were in office or conduct you did in campaigning, we're going to prevent prosecutors where it's determined to be unofficial conduct from ever even using any of the conduct that you engaged in in the White House as evidence against you for your unofficial acts.

So that is what Trump is arguing before Justice Merchant. We're 10 days ahead of sentencing now. You may be saying, but look, the conduct in the Manhattan District Attorney case involves conduct by Donald Trump before he was in office. He made the hush money payments to Stormy Daniels and the falsification of business records plot took place before Donald Trump was in office. He made the hush money payments to Stormy Daniels and the falsification of business records plot took place before Donald Trump was in office. So the criminality, the conduct is unofficial acts, right? Right. However, what Trump's going to argue is here's what the Supreme Court said. All of that evidence that was introduced that involved things I said and did in the White House, that should not have been allowed at the trial. There should be a retrial or vacate the jury

verdict and basically let me go. Or let's delay everything, delay sentencing, and we now need to go to the United States Supreme Court. And look, the Supreme Court may have given Donald Trump the ability to get out of the Manhattan criminal conviction. And look, the Supreme Court may have given Donald Trump the ability to get out of the Manhattan criminal conviction. And that's what Donald Trump's going to argue. We'll see what Justice Merchan rules. And I'm not trying to like scare us. I'm trying to let us know there's a reality that the Supreme Court would view some of the evidence that came in there as not being permissible under its current ruling. Just take a look at how Justice Sotomayor puts it in her dissent, where she explains

the type of conduct that the Supreme Court seems to immunize. This is what Justice Sotomayor says. Today's decision to grant former president criminal immunity reshapes the institution of the presidency and makes a mockery of the principle foundational to our constitution and system of government that no man is above the law. Relying a little more than its own misguided wisdom about the need for bold and unhesitating action by the president, the court gives former president Trump all the immunity he asked for and more. Because our Constitution does not shield a former president from answering for criminal and treasonous acts, I dissent.

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That's M-E-I-D-A-S. Z-Biotics is backed with a 100% money back guarantee. So if you're unsatisfied for any reason, they'll refund your money. No questions asked. Remember to head to zbiotics.com slash Midas and use the code Midas, M-E-I-D-A-S at checkout for 15% off. Thank you ZBiotics for sponsoring this episode. The court now confronts a question it has never had to answer in the nation's history, whether a former president enjoys immunity from federal criminal prosecution. The majority thinks he should, and so it invents a textual, ahistorical, and unjustifiable immunity that puts the president above the law.

The majority makes three moves that in effect completely insulate presidents from criminal liability. First, the majority creates absolute immunity for the president's exercise of core constitutional powers. This holding is unnecessary on the facts of the indictment, and the majority's attempt to apply it to the facts expands the concept of core powers beyond any recognizable bounds. In any event, it is quickly eclipsed by the second move, which is to create expansive immunity for all official acts. Whether described as presumptive or absolute under the majority's rule, a president's use of any official power for any purpose,

even the most corrupt, is immune from prosecution. That is just as bad as it sounds and it is baseless. Finally, the majority declares that evidence concerning acts for which the president is immune can play no role in any criminal prosecution against him. That holding, which will prevent the government from using a president's official acts to prove knowledge or intent in prosecuting private offenses is nonsensical. That's the portion that Donald Trump is harping on. When this order came out earlier in the morning,

if you recall, you can go back and watch our first hot take on it. What did I say? I said, Trump's going to use that for New York right away. He's going to take that and say, all of the evidence that was put on about what I did in the White House to prove my intent for unofficial acts, that should have been excluded. And now I have a new trial or the charges must be dismissed. He did it about two hours or three hours after I said that that's what he was ultimately going to do. And I wasn't giving him advice. I wasn't tipping him off. His appellate lawyers are actually smart, not like the trial team, but the appellate

lawyers know what they're doing. And it was obvious that that's where they were immediately going to go. Right there, the majority declares that evidence concerning acts for which the president is immune can play no role in any criminal prosecution against him. So communications with top aides, communications at the White House, throwing events at the White House. Trump's going to argue and he's doing it right now. Totally excluded, should never have come in in the first place. Here's the New York Times story on it. Trump moves to overturn Manhattan conviction, citing immunity decision. Former

President Trump took the action hours after the U.S. Supreme Court ruling, granted him immunity for official acts committed in office. Trump began an effort on Monday to throw out his recent criminal conviction in Manhattan and postpone his upcoming sentencing, citing a new Supreme Court ruling that granted him broad immunity from prosecution for official actions he took as president. In a letter to the judge overseeing the case, Trump's lawyers sought permission to file a motion to set aside the verdict, doing so just hours after the Supreme Court issued its landmark ruling involving one of Mr. Trump's other criminal cases. The letter will not be public until Tuesday at the earliest, after which prosecutors will have a chance to respond. It's obvious what it was going to say. I could write that letter in my

sleep right now and I showed you what it was going to say by going through it right there with you and what his arguments are going to be. Trump's going to make similar arguments in all of his criminal cases before Judge Eileen Cannon. Now also before, obviously, in the Washington, D.C., January 6th case. In Georgia, all of these cases are gutted. They're going to be delayed. And again, sure, Trump, you know, there's an argument to be made that this involves unofficial conduct by Donald Trump. But if you can't use his acts while in office to prove his intent for the unofficial acts,

all of this evidence is going to be excluded and can't come in. And then even the determination of what constitutes official versus unofficial, that's going to work its way back up to the Supreme Court and take years to resolve. And so the Supreme Court went above and beyond what Trump asked for, gutted all of the criminal cases against Donald Trump. There's no way to sugarcoat it. If people are saying it's not as bad as it seems, they're not telling you the truth.

Not only is it as bad as it seems, it's worse than I think anybody expected. And that's what the Supreme Court did. As President Biden said, I dissent. I dissent. I dissent. We the people dissent. This ruling is an absurdity. It is the biggest fundamental attack on our constitution.

And as we move towards, as we get closer to Independence Day, independence from the monarchs, independence from the king, independence from the crown, the Supreme Court has just showed us its true hand right here, which is that when it claims to be originalists, when it claims to be textualist, when it claims to be conservative, what they're conserving is the monarchy. I assume the strict textualist, maybe they're talking about the text of the Magna Carta. They ain't talking about the text of our constitution. And then they're talking about originalism. Perhaps they're talking about originalism of the monarchy before there was we the people declaring our independence. So that's the ruling. There's no other way to describe it

than what it is. And there is a likelihood that this could delay the sentencing of Donald Trump. There is a likelihood that this could stay Donald Trump from of Donald Trump. There is a likelihood that this could stay Donald Trump from being put in prison. And we, the people, need to take our power back. We need to share this with people. And enough is enough. Enough is enough. Hit subscribe. Let's get to 3 million together. Thanks for watching. Love this video? Make sure you stay up to date on the latest breaking news and all things Midas by signing up to the Midas Touch newsletter at MidasTouch.com slash newsletter.