The MeidasTouch Podcast - Trump’s HORRIBLE Lawyer STEPS INTO IT Again in Federal Trial

Episode Date: January 20, 2024

MeidasTouch host Ben Meiselas reports on Donald Trump’s lawyer Alina Habba filing a frivolous brief to Federal Judge Lewis Kaplan on Friday in the E Jean Carroll defamation case when court was not in session even though she was specifically admonished by the judge not to do this during trial this week. Get up to 40% off for a limited time when you go to https://shopbeam.com/MEIDAS and use code MEIDAS to try Beam's best-selling Dream Powder! 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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Friday in the E. Jean Carroll defamation case against Donald Trump, which completed three days of trial during the week. But that didn't stop Donald Trump's lawyer, Alina Haba, from further embarrassing herself on Friday, despite the fact that court was not in session. Alina Haba, after being admonished numerous times by the federal judge presiding over this defamation case, Judge Lewis Kaplan, who's told Alina Haba, when I rule, my ruling is final. It is not the beginning of further discussions. Please sit down, Ms. Haba. That happened multiple times during the trial.

Alina Haba didn't even know how to introduce evidence in a federal trial, and a break had to be taken during the proceedings. But now Alina Haba sent a letter to Judge Lewis Kaplan, who previously denied Alina Haba's mistrial request. And even after Judge Kaplan said, do not ask me for a mistrial again, do not ask me to redo my prior rulings, Alina Haba doesn't follow any rules. She doesn't know what she's doing. And I guess at this point, she's just begging to be sanctioned so that she and Donald Trump can just continue to whine about it and play the victim. So she sent this letter on Friday to Judge Kaplan. That's how

in New York federal courts you write these letter briefs. And Alina Haba once again is asking for a mistrial and saying that E. Jean Carroll should have been required to save each and every death threat that she received from every random person in the world as a result of Donald Trump's defamatory statements about his rape victim, E. Jean Carroll. And, E. Jean Carroll. And because E. Jean Carroll testified that she may have deleted certain death threats that she received because, you know, when you get a death threat, you don't want to necessarily post it on your wall and think about it and look at it. You may just want to hit delete. Well, Alina Haba's new strategy for Donald Trump is to argue that that constitutes intentional spoliation of evidence to try to undermine Donald Trump's defense because if she's deleting

threats, then how can she say that she received threats? She needs to save all of the threats is what Alina Haba is saying. Therefore, because E. Jean Carroll may have deleted some threats. There should be a mistrial. Okay, Alina Haba made this exact argument to federal judge Lewis Kaplan during trial. And Judge Kaplan said, denied, sit down, Ms. Haba. And then Alina Haba started arguing. And Judge Kaplan said, what don't you understand about sit down?

I'm telling you, no, go away, Alina Haba. But here on Friday, she filed this letter brief. No doubt it will be rejected almost instantaneously. I wouldn't be shocked if as I'm recording this, there's gonna be a denial of this, which I guess I'll do another video on. But here is what the letter says. Dear Judge Kaplan, this office represents, and then she writes, President Donald Trump

in the above referenced action. Lena Haba, I think that Judge Kaplan knows that you represent Donald Trump. You're in a trial. So get to your point. That goes on to say, the instant letter application is submitted to renew a demand for a mistrial. Pause right there. Judge Kaplan already stated, do not do that. When I make a ruling that is final, do not renew demands. Do not tell me what your intentions are. You can make your request when a ruling is made. That's it.

That's the way federal court works. Let's go on. It then says, or in the alternative, Trump is requesting that plaintiff E. Jean Carroll be precluded from seeking damages relating to death threats purportedly made to her and all testimony related to the same, that that be stricken from the record or in the alternative that the court include an adverse inference charge against plaintiff relating to her willful violation of her discovery obligations and the spoliation of relevant evidence. So Alina Habba is saying, how dare you, E. Jean Carroll, not save all of the death threats

that you receive? That is destruction of evidence. Anytime someone threatens your life at a random person on social media, you had to save that. And again, Alina Haba doesn't know what the law is on spoliation. Alina Haba doesn't even know what she's talking about at all. But anyway, you go through the letter. As your honor is aware, during cross examination on January 17th, 2024, let's pause there. I think as his honor is aware, during

cross examination, Ms. Haba, you did not know how to even introduce evidence at a federal trial. You didn't know how to even show E. Jean Carroll a document and then say, do you recognize this document, Ms. Carroll? Okay, now that you recognize this document, is this something that you received, Your Honor? I'd like to publish, exhibit, whatever the number is. You didn't even mark your exhibits. You didn't pre-mark

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deletion of email messages, which bear direct relevance to the instant action. In response, plaintiff admitted she deleted multiple email messages pertaining to purported death threats made to her. The pertinent trial testimony provided by Ms. Carroll on this issue is set forth below. Question. Now, you said you received threatening messages in your testimony today? Correct. Answer. Yes. Question. And you deleted those messages? Answer. Yes. And do you know what happens when you delete a message from your inbox? Answer. It goes into the trash in my computer and then the trash is emptied automatically every 30 days, I think. Question, did you ever delete the emails from the trash section of your email? Answer, I probably did. Question, so your testimony is that you deleted messages and then they were sent to the trash

and then you went into the trash and deleted the trash as well, correct? Answer, I didn't go into the trash. I just periodically empty my trash in my computer because it's an old computer and tends to slow down if I have a lot in the trash. Question. Did you stop deleting these threatening messages at any point, Ms. Carroll? Answer. Yes. What was the point? Answer. Actually, I went on deleting most of the replies. I stopped right around the second lawsuit, the one in May. I stopped. Question. The first trial we had was when you stopped deleting them? Answer. Well, no. Question. That is correct. Answer. I stopped. Question. The first trial we had was when you stopped deleting them? Answer. Well, no. Question.

That is correct. Answer. I don't remember deleting any around the time or since then. Question. I'm confused, Ms. Carroll. You stated in your testimony today that you receive death threats daily. Correct? Answer.

Not daily, but often. Question. Often. Okay. And do you delete these messages all until you are in the middle of trial? Is that your testimony today? Answer. No.

So please explain to me what you meant by this, I. Then the court goes, explain what she meant about what? What are you talking about, Ms. Haba? Answer, explain what she meant by what, Ms. Haba? When did you stop deleting the death threats? Answer, I generally got rid of many of the replies on Twitter and on Facebook. I would just delete, delete, delete. I did not delete my post, but I deleted the replies. I hadn't realized how many death threats there were in my private messages. Question, Ms. Carroll, my question is, when did you stop deleting them, the messages that you just spoke about? Answer, probably 2023. Based upon the above reference testimony, plaintiff's admission to the deletion

of email correspondence clearly related to this litigation is in direct contravention of federal rule 37E. Rule 37E requires that all electronically stored information should be preserved in the anticipation or conduct of litigation. No, that's not actually what federal rule 37 actually requires. You're not required to preserve every time somebody threatens your life and go, a random person threatened my life. Let me go and preserve and protect and save this document. That's not what is at issue here in this case. Sure, are death threats generally an issue and whether or not they took place, there's evidence that it took place. She doesn't have to say every single time there is a death threat. The case is about Trump's defamatory

statements. There's stipulated damages. And we know from the emails that she does have and the documents that she does have, she has examples of the types of death threats that she receives. The fact that every time somebody threatens her life or says something disgusting and heinous about her, that doesn't mean that she has to then save every single one of those things. And by the way, we see Donald Trump's conduct and behavior. Trump is the one who's engaging in this threatening, harassing, tormenting comment directed at E. Jean Carroll that he posts about every single day. If you just want to go into any random Trump post

on his social media platform, we can see the death threats there. It's essentially stipulated that she receives death threats every single day. Just go into one of Trump's truth social messages and look at the types of replies that are taken. And I mean, I just want to leave with this because the judge is going to reject this request. Number one, it shows what a fool Alina Haba is, what a horrible lawyer she is. But even this overall strategy saying that the victim of a rape who is getting defamed by her rapist every day needs to store every death threat that is directed at her and that you think that that is material to this case if she

deleted some death threats? Beyond absurd, such amateurish lawyering. I wouldn't even say lawyering at all. It's just becoming a further agent of Donald Trump's harassment. And it's just despicable conduct by Alina Haba here. I frankly, I think it should be sanctionable conduct that she continues to violate the court orders when the court said, please stop doing this. Once I've made my order, she continues to do it so that she can continue to lose. And then she and Donald Trump can go about whining about, oh, we're such losers and it's all unfair and everything's so unfair to me. Just act like a lawyer. Just behave yourself pursuant to the code, Alina Haba, of professional responsibility.

Learn how to actually conduct a federal trial. Conduct yourself with some modicum of dignity in representing Donald Trump. And the fact that your client is out there defaming his rape victim on a daily basis, generating evidence that then goes into trial, tells me all I need to know about, you know, about you. And by the way, then you got Alina Haba going to these events wearing like MAGA gold chains. It's some of the most pathetic stuff in the world. And Judge Kaplan sees it and the world sees it right now.

I'm Ben Micellis. This is the Midas Touch Network. Get subscribed. We're on our way to 2 million subscribers. Thanks to your support. Have a great day. Hey, Midas Mighty. Love this report?

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