The MeidasTouch Podcast - Trump RUSHES REPLY to Supreme Court after Prosecutors MAKE THEIR MOVE

Episode Date: February 17, 2024

MeidasTouch host Ben Meiselas reports on Donald Trump’s reply to the Supreme Court in connection with his application for a stay in the DC criminal case. Visit https://SmileActives.com/meidas to get this exclusive offer! 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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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 just filed a reply with the United States Supreme Court in connection with his application for a stay of the D.C. Circuit's mandate pending the filing of a petition for certiorari, a complicated way of saying the D.C. Circuit Court of Appeals denied Donald Trump's claim of absolute presidential immunity. They sided with the lower court judge, federal judge Tanya Chutkan, denying Donald Trump's motion to dismiss the Washington, D.C. criminal indictment for trying to overthrow the results of the 2020 election that Trump tried to assert absolute presidential immunity for. Recall the D.C. Circuit Court of the 2020 election that Trump tried to assert absolute presidential

immunity for. Recall the D.C. Circuit Court of Appeals gave Donald Trump until February 12th to file an application for a stay with the United States Supreme Court before their mandate issued. In other words, before their ruling affirming what the district court did in rejecting absolute immunity would be transmitted back to the district court did in rejecting absolute immunity would be transmitted back to the district court to resume proceedings. On February 12th, you'll recall that Donald Trump filed the application for a stay pending the filing of a petition for certiorari with the United States Supreme Court. Special Counsel Jack Smith, within 48 hours thereafter, filed his response to Donald Trump's application for a stay, arguing that the

Supreme Court should not grant any stay and should not grant certiorari, which means they should not even hear any appeal on the issue of absolute presidential immunity based on the strength of the order by the D.C. Circuit Court of Appeals. And just moments ago, Donald Trump filed a reply to special counsel Jack Smith's response opposing the application for a stay. So the standard in order to get a stay of the D.C. Circuit's mandate requires that there be a showing of a likelihood, number one, that the Supreme Court would grant certiorari, in other words, grant a hearing on the issue of absolute presidential immunity. Two, you have to show that there is more than a negligible chance that there could be reversal

of what the D.C. Circuit Court of Appeals did, a prospect of success. You don't have to necessarily show a likelihood of success that the D.C. Circuit would be reversed, but you do have to show that there is some merit to your request for certiorari. And then the third prong to the test is a balancing of the equities. It requires five Supreme Court justices to grant a stay. It would take four Supreme Court justices to then grant the petition for certiorari. So if they grant the stay, you could pretty much bet they would then grant certiorari since it takes five to grant the stay, and they would probably only do that if they were going to then grant certiorari, which takes one less justice to do that.

Special Counsel Jack Smith argued they should do neither. And then Donald Trump just filed his response right here. Let's take a look at the response by Donald Trump right here. Let's go through it. And let's then talk about what we think is going to happen. So here is the reply in support of Trump's application for a stay of the DC circuit's mandate pending the filing of a petition for a writ of certiorari. And here's what Trump argues that the special counsel argued in December that it is imperative that the court

should grant certiorari in this case. He now insists with a straight imperative that the court should grant certiorari in this case. He now insists with a straight face that the court should somehow not grant certiorari on the same issues. Logical consistency is absent from the special counsel's response, and he provides no convincing reason to deny the requested stay. The stay requested by Trump should be granted, is the argument by Donald Trump's lawyer here. What they're getting at is special counsel Jack Smith, back in December, went directly to the Supreme Court on an expedited basis and said,

Supreme Court, you need to hear this right now before the D.C. Circuit Court of Appeals even makes its ruling. The Supreme Court denied that request to hear certiorari on an expedited basis. So here, Trump is arguing, well, Jack Smith requested it then, but he's not requesting it now. So that is disingenuous. Although Special Counsel Jack Smith addresses it and says,

look, Supreme Court, you denied it then. And if you denied it for the reason that we think that you denied it, you looked at this and thought this is an issue that you shouldn't hear. You've now learned additional information based on the strength and power of the DC Circuit Court of Appeals ruling where they made a bulletproof appeal proof ruling. So based on the new data, what the D.C. Circuit Court of Appeals ruled in rejecting Donald Trump's claim of absolute presidential immunity, and given Supreme Court that you rejected this when we requested it back in December, you should reject it. But Special Counsel Jack Smith did acknowledge, look, we understand that we did seek the request that you grant

certiorari or the actual appeal on the issue of absolute presidential immunity back in December. So if indeed you grant certiorari, can you do it now? Let's not wait. Just convert Donald Trump's application for a stay into a petition for certiorari granted and set oral argument in March so we can move things quickly. Jack Smith did that request before, by the way, we learned about what happened in Manhattan earlier in the day where the Manhattan District Attorney's criminal case before Justice Juan Mershon has now been essentially guaranteed a March 25th, 2024 trial date.

So it looks like what you'll have is the Manhattan District Attorney criminal case goes March 25th, probably concludes sometime in mid-May. The question based on what the Supreme Court does is, does this case now before the district court in Washington, D.C., which has been delayed since December, does that go to trial sometime in May or June or sometimes thereafter? What is the Supreme Court going to do here? Are you self-conscious about your smile due to stains? Are your teeth aging? Popular food and drinks are known to stain teeth. Beverages like coffee, tea, and wine stain them over time. So what can you do to brighten your smile? Well, you should

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the whitening boost your favorite toothpaste needs to give you the smile you deserve. Here's what you got to do. Visit smileactives.com slash Midas today to receive a special buy one, get one free offer with auto delivery plus free shipping and handling. That's smileactives.com slash Midas, S-M-I-L-E-A-C-T-I-V-E-S dot com slash Midas, M-E-I-D-A-S. Terms and conditions apply. See site for details. Donald Trump continues to argue in this reply brief. The special counsel's argument creates the appearance of partisanship, Trump argues. Trump argues in a few short lines, the brevity of which speaks volumes. The special counsel argues that, quote, the nation has a compelling interest in the prompt

resolution of this case, but he relies on generic statements about, quote, the public interest in seeing this case resolved in a timely manner and the need to avoid undue delay in all criminal cases. The special counsel offers no explanation why the supposedly compelling interest requires the immediate return of the mandate to the district court to set this matter for trial, likely in three months or less from receiving the mandate. The omission is glaring. There are overwhelming reasons why the case should not go to trial in three months or less, Donald Trump's lawyers argue here. The case involves almost 13 million pages of discovery, thousands of hours of video footage, and hundreds of potential witnesses.

With any other defendant, it would be virtually unthinkable for the case to go to trial so soon and wildly unfair to do so. Moreover, two of the four counts against Donald Trump, alleged conspiracy and substantive violations, a statute whose interpretation this court will consider this term in the Fisher v. United States case where the Supreme Court granted certiorari. Again, it makes no sense to conduct such a complex criminal trial while a case is pending in this court that might invalidate half the charges in the indictment. Further, forcing Donald Trump to go to trial before his claim of immunity is resolved on

appeal contradicts this court's instruction that such claims are effectively lost if a case is erroneously permitted to go to trial. The special counsel's request for this court to end the stay threatens this court's jurisdiction to decide the same issues that the special counsel urged it is, quote, imperative for this court to specifically resolve. Moreover, such delays are a routine feature of interlocutory appeals, and they are particularly unremarkable in, quote, cases of extraordinary public moment. Pre-trial delay is often both inevitable and wholly justifiable. There are important public interest in the process of

appellate review. Trump's lawyers cite case law there. As before, Trump's lawyers argue there is no mystery about the special counsel's motivation. Commentators across the political spectrum point to the obvious. The special counsel seeks to bring Trump to trial and secure a conviction before the November election in which Trump is the leading candidate against Biden. They go and cite various commentators. And then it goes on to say, this court need not disregard what is obvious to everyone else. Like his December petition, the special counsel's latest filing raises a compelling inference of political motive, the motivation to influence the 2020 presidential election by bringing the leading Republican candidate to trial before November 5th, 2024. Trump's lawyers go on to argue that

they think there's a fair prospect of reversal. That's the prong two of the test about whether an application for a stay should be granted. And then they go on to talk about the balancing of the equities and potential irreparable harm to Donald Trump. And the conclusion is in this brief that the court should stay the D.C. Circuit's mandate. And that was filed again moments ago. So the issue is now fully briefed. We can get a ruling any day from the United States Supreme Court. So buckle up, folks.

We will keep you posted each and every step of the way here on the Midas Touch Network. Hit subscribe. Let's get to 3 million subscribers together and have an excellent day. 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.