Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Morning, Michael, Well, I actually get to listen to the
whole show today. It's been a little bit of a
feces show, but not your show. But my morning had
a flat tire found out it's a cracked rim cracked wheel.
Speaker 2 (00:14):
So now I got to get a whole new wheel.
Speaker 1 (00:16):
Luckily got to go home and swap out cars because
I'm so rich. I have a second car I can drive. Yeah,
it's only twenty five years old, but yeah, heading back
to Denver. Now, have a great day, guys.
Speaker 3 (00:32):
Sorry about your crappy day. I'm reading through trying to
understand what this judge has done. It seems to me.
Let me see what this tweet says.
Speaker 2 (00:52):
It sounds like.
Speaker 3 (00:55):
Judge Mershan, this is the judge in the so called
hush money.
Speaker 2 (01:00):
Trial thirty four counts.
Speaker 3 (01:02):
Thirty four counts adjourned the case today he will make
a decision where this law fare case heads next. So
someone posted a notice by the court you have elected
(01:25):
to receive a reminder about the appearance seven days in
advance for the following court appearance case number I n
D seven one five four three twenty three zero zero one,
New York Supreme Criminal Court, Part fifty nine defendant Trump
Slashdonald Appearance date November twenty six, twenty twenty four, nine
am calendar Sections for sentencing, arraignment, hearing type adjournment adjournment.
Speaker 2 (01:56):
So he last time paused his.
Speaker 3 (02:01):
Now he has adjourned the case. Let's see, here's a.
Speaker 4 (02:12):
That it helped me out with Michael because I'm not
a lawyer and I don't even play it on TV.
But what the hell does that mean?
Speaker 3 (02:19):
As a lawyer, I've never seen a case adjourned, so
you don't even know what that means.
Speaker 2 (02:25):
I think. Let's see what this Fox News story says.
Speaker 5 (02:30):
Ten am in New York City, and we've got a
ruling based on the associated press saying this a moment ago.
Speaker 6 (02:36):
The judge has delayed.
Speaker 5 (02:39):
A ruling on whether or not to dismiss president like
Donald Trump's criminal conviction. These are thirty four accounts that
came in at the end of May May thirtieth, and
the former president's been fighting it ever since.
Speaker 4 (02:51):
And the judge is going to sentence.
Speaker 2 (02:52):
Him prior to the election, then delayed.
Speaker 5 (02:54):
It given the election itself.
Speaker 6 (02:57):
And so this is the ruling here, reading from the AP,
A New York State judge has paused proceedings in the
already decided criminal case on charges stemming from the hush money.
Speaker 2 (03:10):
Paid to a porn star. All Right, the document reads.
Speaker 6 (03:13):
The judge had been set to aside by today whether
or not the conviction could be vacated due to the
ruling by the US Supreme Court Midsommar back in July
on presidential immunity. Trump had also been scheduled to be
sentenced on November twenty six.
Speaker 2 (03:31):
So this now is a whole new ball of whack.
Speaker 3 (03:36):
So reading between the lines. Rather than vacate the judgment,
rather than vacate the verdict, rather than overturning the verdict,
the judge has adjourned. He's just paused. In other words,
I've adjourned this case. Nothing's going to happen. He nothing
else is ever going to happen again until I decide
(03:58):
it's going to happen. By huh. I was faber guessed
as you.
Speaker 4 (04:07):
I'll say it for you.
Speaker 2 (04:09):
Huh huh.
Speaker 3 (04:12):
He's here's how we interpret this. This judge is an
a hole, and what he's doing is he does not
want to be the one, as a Democrat, to vacate
the verdict, to overturn the jury. So he wants the
jury verdict to sit there, but he doesn't want to
(04:34):
fulfill his duty to then sentence Trump because he does
not know or does not want to decide whether or
not the verdict should be set aside based on the
Supreme Court's immunity decision. So he doesn't want to touch it.
And he certainly doesn't want to touch anything because Trump's
(04:57):
been re elected and Trump's going to be sworn in
on January twentieth, So let me find a let me
not choose door number one, two or three. Let me
go out the back door instead, And I'm going to
go out the back door and just kind of wave
goodbye to everybody and just let you walk into the
(05:19):
twilight zone. I guess a cynical part of me would
say that maybe he thinks that on January twentieth of
twenty twenty nine, that maybe he could reopen the case
(05:42):
and set a sentencing date and then sentenced Trump. But
for what purpose, because even that's going to be appealed.
So Trump's not going to go to jail. And Trump,
I'm certain, because he would be a twice former president,
(06:05):
is still entitled to lifetime secret Service protection. So they're
not gonna what are they gonna do put him in jail?
I doubt they're gonna do that. And how do they
How are they going to confine a confine a former
president to Okay, we're gonna get we're gonna put you
on house arrest. Really a former president who you know,
(06:26):
like Jimmy Carter, I mean, the only person I could
ever see but on house arrest, they would say, yeah,
that's fine with me.
Speaker 2 (06:32):
Is George W.
Speaker 3 (06:33):
Bush. Because he never leaves. He either stays in Dallas,
he stays in Crawford. He doesn't go anywhere, doesn't do anything.
He rides his bike. I don't mean this negatively, but
all he does is ride his bikes with with wounded veterans,
which is a great thing, don't get me wrong, it's
a great thing. But he doesn't go overseas and give speeches.
He doesn't do anything like that. So Bush would be
(06:55):
happy with it, but not Trump. Trump's going gonna go golf,
he's gonna go visit his proper, He's going to go
do business deals. He's wanting to do whatever this is.
This is a coward's way out. I don't know what
his lawyers Trump's law. I don't know what they'll do.
Speaker 2 (07:16):
Let's see see if I can find any other let
me get back over here to Twitter again. I'm sorry.
Let me get back over here to x again and
see if there's any new exit. Let's see if let
me see if.
Speaker 3 (07:31):
Professor Turley is said anything. Turley posted thirty four minutes
ago Bloomberg reporting that the court has again postponed any
decision in the Trump case of Manhattan. This is now
the longest performance of Hamlet in history. As Judge Judge
(07:55):
Merschaun continues to debate whether to be or not to
be a sentencing judge in the Trump case. To be
or not to be a sentencing judge? Uh, the corrupt
judge overseeing the hush money hoax against Trump just suspended
the sentencing date. Even crooked Mershan knows they can't jail
(08:20):
Trump at all. Bragg's office now has to file a
brief explaining to the court why the case should proceed.
I thought they'd already required briefing by today. Uh, not
that I care, but I find it funny.
Speaker 2 (08:41):
Mike Lavanati has decided to chime in.
Speaker 3 (08:44):
The hush money verdict should be promptly thrown out by
Judge Marshawan and the case immediately dismissed. It was always
a political prosecution, solely designed to keep President Trump from
being elected, founded on the perjury of Grifter's coheen In Daniels.
While the country go forward, Cohen Daniels can crawl back
where they came from. That's Michael Avanati. Wow, that's pretty good, Michael. Ah,
(09:08):
let me keep scrull it. Just hang, I'll just shut
up and sent avelis scroll here.
Speaker 7 (09:14):
Uh.
Speaker 3 (09:14):
Suburban black man posted trumps sentencing in the New York
Hush Money, which hunt was abruptly adjourned by the court
today without explanation, giving Judge Juan Marshon more time to
figure out how to pretend it never happened. They know
they lost, they know they got nothing. Uh, Charlie Kirk.
Trump expertly avoids violating Judge Mershon's unconstitutional gag order by
(09:38):
using the left's own words against them.
Speaker 2 (09:40):
Oh this is from back in May. Has never known.
Speaker 3 (09:42):
He pulls out a piece of I remember that one.
Mershawn has just called off Trump's sentencing. Everyone is now
trying to figure out what called off means. See so
It's not just me dragon, We're all trying to figure out,
how do you adjourn the case? Well, this meeting has
been adjourned, Well, this trial has been adjourned. We'll call
(10:06):
you back or maybe maybe yes, maybe no, sometime in
the future. Chibbity Christmas, let's see what see what Susie writes.
And yet, and yet another interesting twist and the legal
slag is involving President elect Donald Trump. Judge Juan Marshawn
has postponed sentencing, and a lot of people are using
(10:28):
the word postpone. Initially, the expectation was that Mihawn would
rule last Tuesday on the immunity issue, with sentencing to
follow next Tuesday, the twenty six. That's what I thought.
I thought briefing was due today and the twenty six.
But now he's adjourned to completely.
Speaker 8 (10:48):
Uh.
Speaker 3 (10:48):
Let's see, here's a hyperlink at least what it says Fox
News New York. Judge adjourns Trump hearing without explanation, delaying sentencing.
Speaker 4 (11:01):
Is he really just trying to pull one of these?
Speaker 3 (11:11):
Yes, he's he He's doing everything he can to avoid
making a decision because the decision is based on I
think on this on the This is just my personal
legal opinion based on the Court's immunity decision. Trump is
immune from prosecution in this case, so therefore the verdict
(11:32):
should be dismissed. They ought to he ought to direct. Well,
it's too late to direct the verdict like he can.
He can. He can overrule the verdict he has. He
has a power as the judge to do that and
just dismiss the case. He can just he can do that.
But he's chosen instead because he doesn't want to do
that because as a Democrat elected judge in Manhattan, he
(11:52):
doesn't want to lose his position, so he doesn't want
Democrats coming after him. So he's not going to dismiss
the case. Instead, he's going to do something that I
truthfully now, when I was a baby lawyer, I practiced,
I practiced criminal law. I've never heard of a case
being adjourned. I've never had a judge say, well, mister Brown,
(12:14):
we're here today for sentencing, but instead I'm going to
adjourn the case. I mean, my question would be, I
mean I'd look at the couple of these judges. I
know well enough that I would have looked at and
said judge Dickens. What do you mean You're what do
you mean you're going to adjourn the case?
Speaker 8 (12:29):
Uh?
Speaker 3 (12:29):
Are you going to set a date when I have
to be back or my client has to be back? No,
I'm just adjourning the case. Okay, So are you dismissing
the case? No? No, Michael, are you not listening to me?
I adjourned the case. It's like I've adjourned the meeting.
We're all going to go home. Well, the meanings going
to be continued. I don't know, good grief. What else
(12:54):
does fox News say?
Speaker 2 (12:57):
Fox News?
Speaker 3 (12:57):
The Fox News in anything to say either? Fox News
is just a bunch of word salad. So here we
have it. So there's there's there's the breaking news of today.
Speaker 2 (13:09):
Uh.
Speaker 3 (13:10):
Dragon, I'm going to adjourn the program. Yeah, I know,
we gotta we got a couple of minutes to go.
But you know what, I I can't start the next
topic because I have time to start it.
Speaker 2 (13:19):
So I'm just going to adjourn the case. All right?
Speaker 3 (13:21):
Yet, you got some nice bubbrum music, black Magic Woman
or something? You know, we could you know, do a
little in a gotta Davida. You know Layla Layla goes
on for at least two minutes.
Speaker 2 (13:33):
You could do that. The beatles Long and Winding Road.
Come on.
Speaker 3 (13:36):
We know, we know lots of songs that go on
for more than two minutes. We know you don't go
any longer than two minutes, but you know, maybe some
songs go longer than two minutes, right, missus Redbeard? Oh,
good grief, I could read tweets. We should have a
segment where I just read tweets.
Speaker 4 (13:57):
How about that, Dragon, I'm sure we have a text
message or two that you probably read.
Speaker 7 (14:02):
Well.
Speaker 3 (14:02):
That means hang on, open tab, go over, refresh. Uh said,
So it won't close on me, Mike. They want to
keep the felon label on him, but he's not.
Speaker 2 (14:13):
I know.
Speaker 3 (14:13):
They keep calling him a felon, but he's not a
convicted felon. You are not technically a convicted felon until
you have been sentenced. A jury may have found you guilty,
but the jury did not convict you. The conviction occurs
once the judge accepts the verdict and sentence you to
whatever is in the parameters of the crime that you
(14:34):
have been found guilty yet.
Speaker 4 (14:36):
And a jury only agreed that there was a crime committed,
not what the crime was.
Speaker 3 (14:41):
Right exactly, Michael. Now I'm not sure I agree with
this fifty two to thirteen.
Speaker 2 (14:48):
Michael.
Speaker 3 (14:48):
The judge cannot get investigated if the case is still open.
I don't think that's true. Nothing prevents the whatever they
call their Judicial Overview Committee in New York, whatever they
call that bar group. You can investigate somebody with the
case ongoing. So that's not true. He knows he's going
(15:10):
to prison if he's investigated himself. Now, I'm not sure
that this judge has committed a crime. I think he's
probably grossly misinterpreted the law, and I think the case
could see. Here's the other thing this does, I think.
I'm not sure ned I was gonna say something I'm
not sure of. I was gonna say this stops any appeals,
(15:32):
and I'm not even sure it does that.
Speaker 2 (15:35):
We're just in.
Speaker 3 (15:37):
We're in the twilight soon. Michael, zero two three eight.
I'm so sick of this garbage in this communist This
is not how our laws work. This guy needs to
be disbarred and thrown in jail. Well, I'm not sure
about throwing in jail, but he doesn't need to be disbarred.
Michael vf High blood pressure you might not want to
(15:59):
watch this one. Watch which one?
Speaker 8 (16:00):
What, Michael, doesn't this ruling violate Trump's constitutional right to
a speedy trial. Both Judge Mrchon and his daughter need
to be prosecuted by the incoming attorney general.
Speaker 7 (16:16):
For what?
Speaker 2 (16:19):
A serious question?
Speaker 7 (16:20):
For what?
Speaker 3 (16:25):
I don't know that you can indict him on charges
of malicious prosecution. Trump's waived his right to a speedy trial.
They the legal remedy here is for Mershon to be dethroned.
(16:45):
He needs to, uh, he needs to go before the
judicial Commission whatever they call it in New York, and
he needs to well simultaneously, I I I've forgotten just
enough about criminal procedure. That and again I I'm sitting here.
(17:06):
I've been doing some I've been doing legal research during
the break, trying to find out adjournment What does that
mean in the law. You've adjourned a case, you have
indefinitely postponed it. If you inn definitely postpone See now
(17:28):
I'm going to talk myself into it. It could be
a violation of his right to his speedy trial. If
if his lawyer showed up ready for you know, for
the state to submit their briefs and for a briefing
schedule to be set or a sentencing date to be set,
and you're ready to make your arguments, and now the
(17:48):
judges said, yeah, I'm we're not going to do it today. Okay, well, judge,
what day are we going to do it?
Speaker 2 (17:52):
Oh? I don't know.
Speaker 3 (17:53):
I'm just adjourning the case. Well, so you're just going
to leave my client hanging with a a jury verdict
out here, but no technical conviction yet. Then that might
rise to the level of violation of a right to
a speedy trial, because a speedy trial is not just
getting to the trial, but it also includes the conduct
(18:17):
of a trial. You can't avoid the right to a
speedy trial by saying, Okay, we're going to start the
trial on Monday, and then we're going to have court
every second Monday of the third month of every year.
I mean, that's not a speedy trial. So that kind
of logic may apply here also. But I'm still hung
(18:41):
up on the word adjournment in civil or criminal law.
I've never had a judge adjourn a case. Now, maybe
some of you other lawyers out there have. Maybe you've
had a case where it's been adjourned for some bizarre reason,
like and again I'm just trying to rationalize this in
(19:03):
my head right now. So you've a defendant that is
a criminal defendant that suddenly is diagnosed with some sort
of terminal cancer and their own life support, Well, you might,
but you wouldn't adjourn the case. You would postpone the case.
(19:24):
You would delay the trial until you would delay any
further proceedings in the case until the defendant either terminates, dies,
or recovers enough that you can continue with the trial.
That's not an adjournment. That's a postponement. And postponing something
(19:46):
is pretty standard. We're going to postpone the next step
in this trial until, you know, for the next ninety
days while because there's new evidence being developed. I mean,
there are all sorts of reasons to postpone the trial.
I've never heard of an a because an adjournment is.
Speaker 2 (20:04):
No date.
Speaker 3 (20:06):
There's no set date if he has if he had
adjourned the trial only to reserve to resume on Let's
say that January twenty one or January YEA. Let's say
January twenty one at nine am is a Tuesday morning,
(20:26):
twenty twenty nine, the day that Trump would leave office
and the new President JD. Vance would take the oath
of office. Then I can see you you've postponed it
to that date, but you have an adjourned to that date.
I here's my belief. My belief is, again, this is
(20:47):
all about politics, and this judge is trying to cover
his own ass because he's an elected judge and so
he's elected by the people of Manhattan and he does
not want them turning on him because he doesn't want
to be the guy that dismissed the case. Now, let
me step back further. This may also be part of
(21:07):
a global kind of a universal negotiation that's going on,
because we know the Department of Justice is Jack Smith
is winding down his cases and he will eventually dismiss
those cases. The case in Fulton County, remember that involves
(21:32):
a lot of other defendants besides Donald Trump, Rudy Giuliani,
and a bunch of others Russell defendants in those cases. Well,
the briefing schedule, I'm sorry enough, the briefing schedule, the
oral arguments for the appeals out of Fulton County, Georgia.
Those oral arguments which were scheduled I think for some
time next week those have been canceled, not postponed, not adjourned,
(21:56):
They've been canceled. So if you're not want to hold
oral arguments on an appeal, and you have the Jack
Smith case which is being uh, which which will be dismithed,
and Jack Smith is announced that he's going to resign
prior to Trump taking the oath of office, maybe the
(22:17):
Mershawan case, the Manhattan case is all part of a
global resolution to at one particular date and time that
all cases will be dismissed. Now, the one person we've
not heard from is Letitia James. The only thing Letitia James,
(22:39):
who's the Attorney General of New York. The only thing
she's done publicly is she has come out and she
has said that she is going to fight Trump if
he tries to do anything to hurt the people of
New York, like deport illegal aliens or try to you know,
reduce crime in New York or or withhold money from
New York, that she's.
Speaker 2 (22:58):
Going to come after him. That's that's the only thing.
She said.
Speaker 3 (23:01):
Nothing about the existing verdict. I shouldn't say the existing
judgment that exists about the valuation of mar Lago and
his other properties in Manhattan that might go away too.
So maybe we're two in the weeds. Two we can't
(23:22):
see the forest for the trees here. That what's really
going on is behind the scenes. They are all the
Department of Justice and the Biden White House are all
reaching out to Mershawn, the Fulton County DA, the judge
in Fulton County, Georgia, reaching out to Letitia James, and
they are all working toward a particular date. Let's say
(23:46):
January nineteenth. I don't know what day the twentieth is
next year, but whatever the day before is that on
that date simultaneously at you know, these are all yeah,
these are all Eastern Times own cases. They will all
be dismissed at nine am on January nineteen of twenty
(24:06):
twenty five. So maybe that's what's going on. And Mershaun
just inartfully calls it an adjournment, and then he will
because he can't on his own without any briefing or
without any response, because he doesn't need anybody, he doesn't
need to be briefed, he doesn't need to have any
arguments or anything. He can on his own just dismiss
(24:30):
the verdict and dismiss the case. So maybe that's what's
going on, and we'll find out. God's take an early break.
I'll be right back, Michael.
Speaker 7 (24:39):
What bothers me regarding this mastered deportation is that people
are questioning the scale and the expense of the mass deportations.
They have a question the expense of bringing all these
people here and paying to have them here indefinitely.
Speaker 2 (25:02):
No, of course not.
Speaker 3 (25:02):
And the other thing that bugs me is while they're
questioning the cost of it, it doesn't mean that all
those costs are going to be born, you know, don't.
Speaker 2 (25:11):
You don't front all of those costs.
Speaker 3 (25:15):
And mass deportation doesn't mean that, you know, on January
twenty first, twenty twenty five, that we round up twenty
five million, twelve million, whatever the number is. We don't
round up, you know, ten, fifteen, twenty million people and
put them on trains, planes and automobiles and ship them
back to wherever country they came from. It's going to
(25:36):
be a methodical process over the course of I hope
no more than two years, but probably of at least
two years in order to if you start with the criminals,
and then you start with particular groups like you know,
military age men from China that are illegally rounding them
(26:01):
up and sending them back to Beijing. And then you
start with those that are uh maybe again working age
men that don't have any family, and then you finally
get to the point where now you start dealing with
the families. I think that's how you're going to do it,
because there's no practical way to do it otherwise. Then,
(26:24):
you know, if you're going to eat an elephant, you
got to start. You got to take a bite at
a time. And again, this kind of goes back to
my whole comment about expectations. I don't want everybody think that,
you know on January twentieth, the twelve oh one pm,
that suddenly the entire world's.
Speaker 2 (26:39):
Going to change.
Speaker 3 (26:40):
It will start to change, but it's going to take
time to do that. I see that Trump has nominated uh,
what's his name, Blucknik to be the Secretary of Commerce.
You know, I made a comment last night about Elon Musk,
(27:01):
and some people took it, took it the wrong way.
I just questioned whether Elon was overstaying his welcome. That's
up to Trump, that's not up to me. I'm just
questioning it. And I questioned it for this reason because
so far in this nomination process, everything has been incredibly
(27:23):
secret and there's been no I mean, I'm sure there's
behind the scenes campaigning going on, but there's been no
public campaigning going on. And one of the things that
I thought was incredibly interesting about no campaigning going on
is that it gave Trump free reign without any outside
(27:44):
interference about who to pick for any particular cabinet position.
But Elon Musk decided to chime in because he wanted
lot Nicked as Treasury Secretary, which I happened to want also,
and called Scott Bessinger I think is his last name,
who's also a hedge fund manager, that he would be
(28:06):
you know, he would be business as usual, whereas Lutnick
would be a disruptor. Well, Musk tweeted about that, and
word out of the transition team is that that put
Trump in a difficult position because he doesn't want people
campaigning for positions, and he does want anybody thinking that
he's favoring one person over another. He's trying to keep
(28:28):
it close to his vest and he and his closest
advisors making those decisions. And Elon Musk did something that
he shouldn't have done. He took it public. So now
the guy that I think should have been the Treasury
secretary will now be the Commerce secretary. And again, because
there are no coincidences, I can't help but think that
(28:51):
because Musk tweeted about it and took it public and
made public what he thought, as opposed to just telling
the president, Musk, this is not you can you can
have your opinion, but you don't get in front of
the president. You don't get ahead of the president's decision.
If you have a position, if you think so and
(29:13):
so is better than somebody else, then you need to
tell the transition team. You need to tell the president
that you obviously have his ear, so do that. When
you take it public, you put the president in an
awkward position because maybe he was thinking about not doing
what you're suggesting, and it appears that well, it makes
(29:34):
the transition appear to be a little disjointed and that
there is some infighting going on, and.
Speaker 2 (29:40):
We don't want any of that.
Speaker 3 (29:42):
So anyway, I commented that maybe Musk is overstated his welcoming.
He needs to he actually just needs to shut up
and sit down and express his opinions to Trump. Not
to the public. It's kind of our business. Do I
have an opinion about who ought to be and not be? Yes,
But I'm not part of the transition. I'm not part
of the inner circle. So what I say in terms
(30:04):
of Trump, unless Trump's got somebody listening to this program,
doesn't make any difference. I'm just telling you what my
thoughts are about it. Musk has great influence, and so
Musk needs to be very discreet about how he uses
that influence. And the one thing I don't care whether
(30:25):
you're a Republican or a Democrat president. What staffers and
assistants or advisors never do is get out in front
of a president's decision because then that hampers the president
on making the decision they actually want to make, because
now people can second guess, is that who you really wanted?
(30:46):
Are you doing it just because a muster? Did you
really want somebody else? And now we know here's the outcome,
And the outcome is Lutnik will not go to Treasury.
He will go to Commerce, which he can still be
effective at. I just think he would have been more
effective at Treasury. And so now Trump's back considering two
or three other people and all because Musks should have
(31:08):
kept quiet.
Speaker 2 (31:09):
That's all I was saying. All I was I like
Elon Musk has nothing to do with it. I like
him or not.
Morning, Michael, Well, I actually get to listen to the
whole show today. It's been a little bit of a
feces show, but not your show. But my morning had
a flat tire found out it's a cracked rim cracked wheel.
Speaker 2 (00:14):
So now I got to get a whole new wheel.
Speaker 1 (00:16):
Luckily got to go home and swap out cars because
I'm so rich. I have a second car I can drive. Yeah,
it's only twenty five years old, but yeah, heading back
to Denver. Now, have a great day, guys.
Speaker 3 (00:32):
Sorry about your crappy day. I'm reading through trying to
understand what this judge has done. It seems to me.
Let me see what this tweet says.
Speaker 2 (00:52):
It sounds like.
Speaker 3 (00:55):
Judge Mershan, this is the judge in the so called
hush money.
Speaker 2 (01:00):
Trial thirty four counts.
Speaker 3 (01:02):
Thirty four counts adjourned the case today he will make
a decision where this law fare case heads next. So
someone posted a notice by the court you have elected
(01:25):
to receive a reminder about the appearance seven days in
advance for the following court appearance case number I n
D seven one five four three twenty three zero zero one,
New York Supreme Criminal Court, Part fifty nine defendant Trump
Slashdonald Appearance date November twenty six, twenty twenty four, nine
am calendar Sections for sentencing, arraignment, hearing type adjournment adjournment.
Speaker 2 (01:56):
So he last time paused his.
Speaker 3 (02:01):
Now he has adjourned the case. Let's see, here's a.
Speaker 4 (02:12):
That it helped me out with Michael because I'm not
a lawyer and I don't even play it on TV.
But what the hell does that mean?
Speaker 3 (02:19):
As a lawyer, I've never seen a case adjourned, so
you don't even know what that means.
Speaker 2 (02:25):
I think. Let's see what this Fox News story says.
Speaker 5 (02:30):
Ten am in New York City, and we've got a
ruling based on the associated press saying this a moment ago.
Speaker 6 (02:36):
The judge has delayed.
Speaker 5 (02:39):
A ruling on whether or not to dismiss president like
Donald Trump's criminal conviction. These are thirty four accounts that
came in at the end of May May thirtieth, and
the former president's been fighting it ever since.
Speaker 4 (02:51):
And the judge is going to sentence.
Speaker 2 (02:52):
Him prior to the election, then delayed.
Speaker 5 (02:54):
It given the election itself.
Speaker 6 (02:57):
And so this is the ruling here, reading from the AP,
A New York State judge has paused proceedings in the
already decided criminal case on charges stemming from the hush money.
Speaker 2 (03:10):
Paid to a porn star. All Right, the document reads.
Speaker 6 (03:13):
The judge had been set to aside by today whether
or not the conviction could be vacated due to the
ruling by the US Supreme Court Midsommar back in July
on presidential immunity. Trump had also been scheduled to be
sentenced on November twenty six.
Speaker 2 (03:31):
So this now is a whole new ball of whack.
Speaker 3 (03:36):
So reading between the lines. Rather than vacate the judgment,
rather than vacate the verdict, rather than overturning the verdict,
the judge has adjourned. He's just paused. In other words,
I've adjourned this case. Nothing's going to happen. He nothing
else is ever going to happen again until I decide
(03:58):
it's going to happen. By huh. I was faber guessed
as you.
Speaker 4 (04:07):
I'll say it for you.
Speaker 2 (04:09):
Huh huh.
Speaker 3 (04:12):
He's here's how we interpret this. This judge is an
a hole, and what he's doing is he does not
want to be the one, as a Democrat, to vacate
the verdict, to overturn the jury. So he wants the
jury verdict to sit there, but he doesn't want to
(04:34):
fulfill his duty to then sentence Trump because he does
not know or does not want to decide whether or
not the verdict should be set aside based on the
Supreme Court's immunity decision. So he doesn't want to touch it.
And he certainly doesn't want to touch anything because Trump's
(04:57):
been re elected and Trump's going to be sworn in
on January twentieth, So let me find a let me
not choose door number one, two or three. Let me
go out the back door instead, And I'm going to
go out the back door and just kind of wave
goodbye to everybody and just let you walk into the
(05:19):
twilight zone. I guess a cynical part of me would
say that maybe he thinks that on January twentieth of
twenty twenty nine, that maybe he could reopen the case
(05:42):
and set a sentencing date and then sentenced Trump. But
for what purpose, because even that's going to be appealed.
So Trump's not going to go to jail. And Trump,
I'm certain, because he would be a twice former president,
(06:05):
is still entitled to lifetime secret Service protection. So they're
not gonna what are they gonna do put him in jail?
I doubt they're gonna do that. And how do they
How are they going to confine a confine a former
president to Okay, we're gonna get we're gonna put you
on house arrest. Really a former president who you know,
(06:26):
like Jimmy Carter, I mean, the only person I could
ever see but on house arrest, they would say, yeah,
that's fine with me.
Speaker 2 (06:32):
Is George W.
Speaker 3 (06:33):
Bush. Because he never leaves. He either stays in Dallas,
he stays in Crawford. He doesn't go anywhere, doesn't do anything.
He rides his bike. I don't mean this negatively, but
all he does is ride his bikes with with wounded veterans,
which is a great thing, don't get me wrong, it's
a great thing. But he doesn't go overseas and give speeches.
He doesn't do anything like that. So Bush would be
(06:55):
happy with it, but not Trump. Trump's going gonna go golf,
he's gonna go visit his proper, He's going to go
do business deals. He's wanting to do whatever this is.
This is a coward's way out. I don't know what
his lawyers Trump's law. I don't know what they'll do.
Speaker 2 (07:16):
Let's see see if I can find any other let
me get back over here to Twitter again. I'm sorry.
Let me get back over here to x again and
see if there's any new exit. Let's see if let
me see if.
Speaker 3 (07:31):
Professor Turley is said anything. Turley posted thirty four minutes
ago Bloomberg reporting that the court has again postponed any
decision in the Trump case of Manhattan. This is now
the longest performance of Hamlet in history. As Judge Judge
(07:55):
Merschaun continues to debate whether to be or not to
be a sentencing judge in the Trump case. To be
or not to be a sentencing judge? Uh, the corrupt
judge overseeing the hush money hoax against Trump just suspended
the sentencing date. Even crooked Mershan knows they can't jail
(08:20):
Trump at all. Bragg's office now has to file a
brief explaining to the court why the case should proceed.
I thought they'd already required briefing by today. Uh, not
that I care, but I find it funny.
Speaker 2 (08:41):
Mike Lavanati has decided to chime in.
Speaker 3 (08:44):
The hush money verdict should be promptly thrown out by
Judge Marshawan and the case immediately dismissed. It was always
a political prosecution, solely designed to keep President Trump from
being elected, founded on the perjury of Grifter's coheen In Daniels.
While the country go forward, Cohen Daniels can crawl back
where they came from. That's Michael Avanati. Wow, that's pretty good, Michael. Ah,
(09:08):
let me keep scrull it. Just hang, I'll just shut
up and sent avelis scroll here.
Speaker 7 (09:14):
Uh.
Speaker 3 (09:14):
Suburban black man posted trumps sentencing in the New York
Hush Money, which hunt was abruptly adjourned by the court
today without explanation, giving Judge Juan Marshon more time to
figure out how to pretend it never happened. They know
they lost, they know they got nothing. Uh, Charlie Kirk.
Trump expertly avoids violating Judge Mershon's unconstitutional gag order by
(09:38):
using the left's own words against them.
Speaker 2 (09:40):
Oh this is from back in May. Has never known.
Speaker 3 (09:42):
He pulls out a piece of I remember that one.
Mershawn has just called off Trump's sentencing. Everyone is now
trying to figure out what called off means. See so
It's not just me dragon, We're all trying to figure out,
how do you adjourn the case? Well, this meeting has
been adjourned, Well, this trial has been adjourned. We'll call
(10:06):
you back or maybe maybe yes, maybe no, sometime in
the future. Chibbity Christmas, let's see what see what Susie writes.
And yet, and yet another interesting twist and the legal
slag is involving President elect Donald Trump. Judge Juan Marshawn
has postponed sentencing, and a lot of people are using
(10:28):
the word postpone. Initially, the expectation was that Mihawn would
rule last Tuesday on the immunity issue, with sentencing to
follow next Tuesday, the twenty six. That's what I thought.
I thought briefing was due today and the twenty six.
But now he's adjourned to completely.
Speaker 8 (10:48):
Uh.
Speaker 3 (10:48):
Let's see, here's a hyperlink at least what it says Fox
News New York. Judge adjourns Trump hearing without explanation, delaying sentencing.
Speaker 4 (11:01):
Is he really just trying to pull one of these?
Speaker 3 (11:11):
Yes, he's he He's doing everything he can to avoid
making a decision because the decision is based on I
think on this on the This is just my personal
legal opinion based on the Court's immunity decision. Trump is
immune from prosecution in this case, so therefore the verdict
(11:32):
should be dismissed. They ought to he ought to direct. Well,
it's too late to direct the verdict like he can.
He can. He can overrule the verdict he has. He
has a power as the judge to do that and
just dismiss the case. He can just he can do that.
But he's chosen instead because he doesn't want to do
that because as a Democrat elected judge in Manhattan, he
(11:52):
doesn't want to lose his position, so he doesn't want
Democrats coming after him. So he's not going to dismiss
the case. Instead, he's going to do something that I
truthfully now, when I was a baby lawyer, I practiced,
I practiced criminal law. I've never heard of a case
being adjourned. I've never had a judge say, well, mister Brown,
(12:14):
we're here today for sentencing, but instead I'm going to
adjourn the case. I mean, my question would be, I
mean I'd look at the couple of these judges. I
know well enough that I would have looked at and
said judge Dickens. What do you mean You're what do
you mean you're going to adjourn the case?
Speaker 8 (12:29):
Uh?
Speaker 3 (12:29):
Are you going to set a date when I have
to be back or my client has to be back? No,
I'm just adjourning the case. Okay, So are you dismissing
the case? No? No, Michael, are you not listening to me?
I adjourned the case. It's like I've adjourned the meeting.
We're all going to go home. Well, the meanings going
to be continued. I don't know, good grief. What else
(12:54):
does fox News say?
Speaker 2 (12:57):
Fox News?
Speaker 3 (12:57):
The Fox News in anything to say either? Fox News
is just a bunch of word salad. So here we
have it. So there's there's there's the breaking news of today.
Speaker 2 (13:09):
Uh.
Speaker 3 (13:10):
Dragon, I'm going to adjourn the program. Yeah, I know,
we gotta we got a couple of minutes to go.
But you know what, I I can't start the next
topic because I have time to start it.
Speaker 2 (13:19):
So I'm just going to adjourn the case. All right?
Speaker 3 (13:21):
Yet, you got some nice bubbrum music, black Magic Woman
or something? You know, we could you know, do a
little in a gotta Davida. You know Layla Layla goes
on for at least two minutes.
Speaker 2 (13:33):
You could do that. The beatles Long and Winding Road.
Come on.
Speaker 3 (13:36):
We know, we know lots of songs that go on
for more than two minutes. We know you don't go
any longer than two minutes, but you know, maybe some
songs go longer than two minutes, right, missus Redbeard? Oh,
good grief, I could read tweets. We should have a
segment where I just read tweets.
Speaker 4 (13:57):
How about that, Dragon, I'm sure we have a text
message or two that you probably read.
Speaker 7 (14:02):
Well.
Speaker 3 (14:02):
That means hang on, open tab, go over, refresh. Uh said,
So it won't close on me, Mike. They want to
keep the felon label on him, but he's not.
Speaker 2 (14:13):
I know.
Speaker 3 (14:13):
They keep calling him a felon, but he's not a
convicted felon. You are not technically a convicted felon until
you have been sentenced. A jury may have found you guilty,
but the jury did not convict you. The conviction occurs
once the judge accepts the verdict and sentence you to
whatever is in the parameters of the crime that you
(14:34):
have been found guilty yet.
Speaker 4 (14:36):
And a jury only agreed that there was a crime committed,
not what the crime was.
Speaker 3 (14:41):
Right exactly, Michael. Now I'm not sure I agree with
this fifty two to thirteen.
Speaker 2 (14:48):
Michael.
Speaker 3 (14:48):
The judge cannot get investigated if the case is still open.
I don't think that's true. Nothing prevents the whatever they
call their Judicial Overview Committee in New York, whatever they
call that bar group. You can investigate somebody with the
case ongoing. So that's not true. He knows he's going
(15:10):
to prison if he's investigated himself. Now, I'm not sure
that this judge has committed a crime. I think he's
probably grossly misinterpreted the law, and I think the case
could see. Here's the other thing this does, I think.
I'm not sure ned I was gonna say something I'm
not sure of. I was gonna say this stops any appeals,
(15:32):
and I'm not even sure it does that.
Speaker 2 (15:35):
We're just in.
Speaker 3 (15:37):
We're in the twilight soon. Michael, zero two three eight.
I'm so sick of this garbage in this communist This
is not how our laws work. This guy needs to
be disbarred and thrown in jail. Well, I'm not sure
about throwing in jail, but he doesn't need to be disbarred.
Michael vf High blood pressure you might not want to
(15:59):
watch this one. Watch which one?
Speaker 8 (16:00):
What, Michael, doesn't this ruling violate Trump's constitutional right to
a speedy trial. Both Judge Mrchon and his daughter need
to be prosecuted by the incoming attorney general.
Speaker 7 (16:16):
For what?
Speaker 2 (16:19):
A serious question?
Speaker 7 (16:20):
For what?
Speaker 3 (16:25):
I don't know that you can indict him on charges
of malicious prosecution. Trump's waived his right to a speedy trial.
They the legal remedy here is for Mershon to be dethroned.
(16:45):
He needs to, uh, he needs to go before the
judicial Commission whatever they call it in New York, and
he needs to well simultaneously, I I I've forgotten just
enough about criminal procedure. That and again I I'm sitting here.
(17:06):
I've been doing some I've been doing legal research during
the break, trying to find out adjournment What does that
mean in the law. You've adjourned a case, you have
indefinitely postponed it. If you inn definitely postpone See now
(17:28):
I'm going to talk myself into it. It could be
a violation of his right to his speedy trial. If
if his lawyer showed up ready for you know, for
the state to submit their briefs and for a briefing
schedule to be set or a sentencing date to be set,
and you're ready to make your arguments, and now the
(17:48):
judges said, yeah, I'm we're not going to do it today. Okay, well, judge,
what day are we going to do it?
Speaker 2 (17:52):
Oh? I don't know.
Speaker 3 (17:53):
I'm just adjourning the case. Well, so you're just going
to leave my client hanging with a a jury verdict
out here, but no technical conviction yet. Then that might
rise to the level of violation of a right to
a speedy trial, because a speedy trial is not just
getting to the trial, but it also includes the conduct
(18:17):
of a trial. You can't avoid the right to a
speedy trial by saying, Okay, we're going to start the
trial on Monday, and then we're going to have court
every second Monday of the third month of every year.
I mean, that's not a speedy trial. So that kind
of logic may apply here also. But I'm still hung
(18:41):
up on the word adjournment in civil or criminal law.
I've never had a judge adjourn a case. Now, maybe
some of you other lawyers out there have. Maybe you've
had a case where it's been adjourned for some bizarre reason,
like and again I'm just trying to rationalize this in
(19:03):
my head right now. So you've a defendant that is
a criminal defendant that suddenly is diagnosed with some sort
of terminal cancer and their own life support, Well, you might,
but you wouldn't adjourn the case. You would postpone the case.
(19:24):
You would delay the trial until you would delay any
further proceedings in the case until the defendant either terminates, dies,
or recovers enough that you can continue with the trial.
That's not an adjournment. That's a postponement. And postponing something
(19:46):
is pretty standard. We're going to postpone the next step
in this trial until, you know, for the next ninety
days while because there's new evidence being developed. I mean,
there are all sorts of reasons to postpone the trial.
I've never heard of an a because an adjournment is.
Speaker 2 (20:04):
No date.
Speaker 3 (20:06):
There's no set date if he has if he had
adjourned the trial only to reserve to resume on Let's
say that January twenty one or January YEA. Let's say
January twenty one at nine am is a Tuesday morning,
(20:26):
twenty twenty nine, the day that Trump would leave office
and the new President JD. Vance would take the oath
of office. Then I can see you you've postponed it
to that date, but you have an adjourned to that date.
I here's my belief. My belief is, again, this is
(20:47):
all about politics, and this judge is trying to cover
his own ass because he's an elected judge and so
he's elected by the people of Manhattan and he does
not want them turning on him because he doesn't want
to be the guy that dismissed the case. Now, let
me step back further. This may also be part of
(21:07):
a global kind of a universal negotiation that's going on,
because we know the Department of Justice is Jack Smith
is winding down his cases and he will eventually dismiss
those cases. The case in Fulton County, remember that involves
(21:32):
a lot of other defendants besides Donald Trump, Rudy Giuliani,
and a bunch of others Russell defendants in those cases. Well,
the briefing schedule, I'm sorry enough, the briefing schedule, the
oral arguments for the appeals out of Fulton County, Georgia.
Those oral arguments which were scheduled I think for some
time next week those have been canceled, not postponed, not adjourned,
(21:56):
They've been canceled. So if you're not want to hold
oral arguments on an appeal, and you have the Jack
Smith case which is being uh, which which will be dismithed,
and Jack Smith is announced that he's going to resign
prior to Trump taking the oath of office, maybe the
(22:17):
Mershawan case, the Manhattan case is all part of a
global resolution to at one particular date and time that
all cases will be dismissed. Now, the one person we've
not heard from is Letitia James. The only thing Letitia James,
(22:39):
who's the Attorney General of New York. The only thing
she's done publicly is she has come out and she
has said that she is going to fight Trump if
he tries to do anything to hurt the people of
New York, like deport illegal aliens or try to you know,
reduce crime in New York or or withhold money from
New York, that she's.
Speaker 2 (22:58):
Going to come after him. That's that's the only thing.
She said.
Speaker 3 (23:01):
Nothing about the existing verdict. I shouldn't say the existing
judgment that exists about the valuation of mar Lago and
his other properties in Manhattan that might go away too.
So maybe we're two in the weeds. Two we can't
(23:22):
see the forest for the trees here. That what's really
going on is behind the scenes. They are all the
Department of Justice and the Biden White House are all
reaching out to Mershawn, the Fulton County DA, the judge
in Fulton County, Georgia, reaching out to Letitia James, and
they are all working toward a particular date. Let's say
(23:46):
January nineteenth. I don't know what day the twentieth is
next year, but whatever the day before is that on
that date simultaneously at you know, these are all yeah,
these are all Eastern Times own cases. They will all
be dismissed at nine am on January nineteen of twenty
(24:06):
twenty five. So maybe that's what's going on. And Mershaun
just inartfully calls it an adjournment, and then he will
because he can't on his own without any briefing or
without any response, because he doesn't need anybody, he doesn't
need to be briefed, he doesn't need to have any
arguments or anything. He can on his own just dismiss
(24:30):
the verdict and dismiss the case. So maybe that's what's
going on, and we'll find out. God's take an early break.
I'll be right back, Michael.
Speaker 7 (24:39):
What bothers me regarding this mastered deportation is that people
are questioning the scale and the expense of the mass deportations.
They have a question the expense of bringing all these
people here and paying to have them here indefinitely.
Speaker 2 (25:02):
No, of course not.
Speaker 3 (25:02):
And the other thing that bugs me is while they're
questioning the cost of it, it doesn't mean that all
those costs are going to be born, you know, don't.
Speaker 2 (25:11):
You don't front all of those costs.
Speaker 3 (25:15):
And mass deportation doesn't mean that, you know, on January
twenty first, twenty twenty five, that we round up twenty
five million, twelve million, whatever the number is. We don't
round up, you know, ten, fifteen, twenty million people and
put them on trains, planes and automobiles and ship them
back to wherever country they came from. It's going to
(25:36):
be a methodical process over the course of I hope
no more than two years, but probably of at least
two years in order to if you start with the criminals,
and then you start with particular groups like you know,
military age men from China that are illegally rounding them
(26:01):
up and sending them back to Beijing. And then you
start with those that are uh maybe again working age
men that don't have any family, and then you finally
get to the point where now you start dealing with
the families. I think that's how you're going to do it,
because there's no practical way to do it otherwise. Then,
(26:24):
you know, if you're going to eat an elephant, you
got to start. You got to take a bite at
a time. And again, this kind of goes back to
my whole comment about expectations. I don't want everybody think that,
you know on January twentieth, the twelve oh one pm,
that suddenly the entire world's.
Speaker 2 (26:39):
Going to change.
Speaker 3 (26:40):
It will start to change, but it's going to take
time to do that. I see that Trump has nominated uh,
what's his name, Blucknik to be the Secretary of Commerce.
You know, I made a comment last night about Elon Musk,
(27:01):
and some people took it, took it the wrong way.
I just questioned whether Elon was overstaying his welcome. That's
up to Trump, that's not up to me. I'm just
questioning it. And I questioned it for this reason because
so far in this nomination process, everything has been incredibly
(27:23):
secret and there's been no I mean, I'm sure there's
behind the scenes campaigning going on, but there's been no
public campaigning going on. And one of the things that
I thought was incredibly interesting about no campaigning going on
is that it gave Trump free reign without any outside
(27:44):
interference about who to pick for any particular cabinet position.
But Elon Musk decided to chime in because he wanted
lot Nicked as Treasury Secretary, which I happened to want also,
and called Scott Bessinger I think is his last name,
who's also a hedge fund manager, that he would be
(28:06):
you know, he would be business as usual, whereas Lutnick
would be a disruptor. Well, Musk tweeted about that, and
word out of the transition team is that that put
Trump in a difficult position because he doesn't want people
campaigning for positions, and he does want anybody thinking that
he's favoring one person over another. He's trying to keep
(28:28):
it close to his vest and he and his closest
advisors making those decisions. And Elon Musk did something that
he shouldn't have done. He took it public. So now
the guy that I think should have been the Treasury
secretary will now be the Commerce secretary. And again, because
there are no coincidences, I can't help but think that
(28:51):
because Musk tweeted about it and took it public and
made public what he thought, as opposed to just telling
the president, Musk, this is not you can you can
have your opinion, but you don't get in front of
the president. You don't get ahead of the president's decision.
If you have a position, if you think so and
(29:13):
so is better than somebody else, then you need to
tell the transition team. You need to tell the president
that you obviously have his ear, so do that. When
you take it public, you put the president in an
awkward position because maybe he was thinking about not doing
what you're suggesting, and it appears that well, it makes
(29:34):
the transition appear to be a little disjointed and that
there is some infighting going on, and.
Speaker 2 (29:40):
We don't want any of that.
Speaker 3 (29:42):
So anyway, I commented that maybe Musk is overstated his welcoming.
He needs to he actually just needs to shut up
and sit down and express his opinions to Trump. Not
to the public. It's kind of our business. Do I
have an opinion about who ought to be and not be? Yes,
But I'm not part of the transition. I'm not part
of the inner circle. So what I say in terms
(30:04):
of Trump, unless Trump's got somebody listening to this program,
doesn't make any difference. I'm just telling you what my
thoughts are about it. Musk has great influence, and so
Musk needs to be very discreet about how he uses
that influence. And the one thing I don't care whether
(30:25):
you're a Republican or a Democrat president. What staffers and
assistants or advisors never do is get out in front
of a president's decision because then that hampers the president
on making the decision they actually want to make, because
now people can second guess, is that who you really wanted?
(30:46):
Are you doing it just because a muster? Did you
really want somebody else? And now we know here's the outcome,
And the outcome is Lutnik will not go to Treasury.
He will go to Commerce, which he can still be
effective at. I just think he would have been more
effective at Treasury. And so now Trump's back considering two
or three other people and all because Musks should have
(31:08):
kept quiet.
Speaker 2 (31:09):
That's all I was saying. All I was I like
Elon Musk has nothing to do with it. I like
him or not.
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