Trump Gets VERY BAD NEWS in DC Civil Lawsuit

Michael popac with a legal AF hotake are

Donald Trump's tweets when he was

president official acts does he have

immunity from civil suit brought by the

metro and Capitol Police for the

injuries and deaths that they suffered

during Jan 6th will the United States

Supreme Court in its decision about

immunity impact the civil cases that's

something that judge MAA in the DC uh

circuit court has resolved at least for

today in denying Donald Trump's attempts

to delay further the civil lawsuits the

one seeking monetary relief and damages

under the KKK act for civil rights

violations committed as alleged by

Donald Trump and others including

Enrique tario the proud boys we got a we

got a beautiful coupling there of

Enrique tario and the former president

of the United States both asking judge

MAA to stay the civil case don't let it

go forward any further for an indefinite

stay until we figure out what's going on

down in the DC election interference

case which hasn't even been set for

trial in other words uh don't ever call

us judge we're not going to we don't

want to participate in this civil case

at all judge has applying the factors

that are appropriate which I'll go over

in this hot take has denied that request

let me first back up and tell you what

this case is about or refresh your

memory about it and then I'll dive into

the connection between this case and and

the United States Supreme Court and its

April 25th oral argument and ultimate

decision about whether Donald Trump has

immunity for official acts while he was

in

office this is a case brought by the

metro and Capitol Police it's two

different cases have that have sort of

been joined together in front of Judge

MAA both are seeking civil damages

monetary damages from Donald Trump and

others like the proud boys and the

oathkeepers and that type of thing that

case had been sort of held up in a

Twilight area while the U Circuit Court

um of appeals in the DC Circuit Court

was determining whether immunity applied

to Donald Trump's actions and what

information or record they needed

created in from the trial court level in

order to make that determination it

eventually well I say about six or eight

months ago got returned to judge MAA

with instructions that he was to

continue with the case develop the

record about and and again you're going

to you're going to get a deja vu all

over again moment here about whether

Donald Trump's actions that day on Jan 6

that caused the injury bodily and

sometimes Grievous bodily injury to the

police officers and others was the

result of official acts while he was

then president of the United States this

is exactly the only and sole issue on

appeal with the United States Supreme

Court because the United States Supreme

Court is considering with oral AR

argument on the 25th of April right here

on the mightest touch Network whether

the the following question whether a

former president somebody now can uh has

immunity for official acts while he was

President that's all the United States

Supreme Court cares about all the other

arguments Donald Trump raised uh about

uh oh I needed to be impeached and

convicted by the Senate first before I

could be uh a criminal case could be

brought against me I have absolute

immunity about everything it's all out

the window the only thing they want to

know is is there such a thing as

official act immunity and was anything

that he did an official act or was it

outside of it this is an issue this

official act issue that all of the

courts have been struggling with even

judge MAA as instructed by his bosses at

the intermediary appell court has had to

struggle with were there official acts

by Donald Trump and is there immunity

for those official acts it sort of

dovetails fits together with the United

States Supreme Court argument and what

judge maida said in his in his order

which I'm going to read to you in a

minute is that I I'm going I'm going to

allow as directed by my bosses at the DC

court of appeals I'm going to allow

Discovery in this case which is the

exchange of of information depositions

request to produce documents I'm going

to allow that on the issue to get to the

bottom of official acts of Donald Trump

and whether there is immunity and on the

official acts particularly Donald Trump

is worried about his tweets no surprise

he's worried that his he's taken the

position that his tweets even though

from a personal account were official

acts it's the same position as the judge

noted in his order that he's taking in

the criminal case he's saying everything

he did was an official act no matter how

he did it what platform he used private

or public everything campaigning or not

campaigning everything he did as long as

he was drawn a paycheck from occupying

the Oval Office was official act all

right so the judge said I can resolve

all of that without implicating your

Donald Trump's Fifth Amendment right

against self-incrimination you're not

going to have to give a deposition about

the merits of the case we're only trying

to get to the bottom of what was an

official act maybe you have immunity for

that maybe you don't what wasn't an

official act because everybody agrees if

it's not an official act there's no way

there's immunity for it even the United

States Supreme Court ultimately will

will concur with the DC court of appeals

in their decision led by judge pan that

found exactly that what they're

struggling with where the rubber meets

the Constitutional road is

over what what is or what is not an

official act so judge MAA said we can

sort all of that out about your tweets

and the impact on the on the attacks on

Jan 6 on these plaintiffs um and their

surviving relatives we can sort all that

out it doesn't implicate your criminal

case

and you've asked for an indefinite stay

this is a new trick of Donald Trump's in

every Court he wants an indefinite stay

pointing to another of his criminal

cases so in moral Lago he tells judge

Canon I can't get around to

participating in the classified

information procedures act uh process

the sea

process at the heart of the maral Lago

Espionage and obstruction of justice um

case until I don't know eight or nine

months or sometime after I'm done in New

York with the stormmy Daniels election

interference case I mean of course uh

Jack Smith said that's ridiculous and

that is basically an indefinite

extension of time for no reason he's got

different Council he can do things

simultaneously he can walk chew gum and

review classified documents at the same

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this episode here he's making a similar

argument he's saying wait until some

indefinite period after a trial that

hasn't even yet been set by judge chuin

which is currently stayed by the Supreme

Court whenever we get around to that

case your honor we'll come back to you

on the civil case and judge made us said

no way that is such an basically an

indefinite extension and under the

factor analysis of whether I'm going to

Grant or stay or not or stay or not I'm

not going to grant that but it's just

another example of you know these

overlapping vend diagram issues coming

back over and over again at different

courts so here we have the Twitter

account and whether that was official or

not official we've got immunity in this

case the case of the capital and Metro

Police against Donald Trump and others

we've got Donald Trump requesting

another stay trying to play one case off

the other you know we've got all the

elements all the makings right here let

me read to you why judge MAA uh denied

it and particularly he said on the

immunity issue I am not going to get to

resolve the immunity issue about whether

Donald Trump had immunity for any of

these things until after the United

States Supreme Court which is his boss

makes their ultimate ruling about

immunity so I will have the benefit of

that because Donald Trump was saying

well you'll be tied up because you'll be

making decisions you know we're still

waiting for guidance from the Supreme

Court he says yeah I'm not making my

decision before the United States

Supreme Court my bosses make their

decision so let's let me read to you

from the uh Salient portions it's a

relatively short order it's um judge Ma

has been presiding over lots of cases he

presided over the um oathkeepers case

both of them that led to the convictions

of the leaders of the oathkeepers so

he's got a vast experience about Jan 6

in his memorandum and

Order he says there's four factors in

evaluating a stay the relationship

between the civil case which is this

case and the criminal case which is the

DC election interference case with Jack

Smith the burden on the court the

hardships or inequalities the parties

would face if a stay was granted right

it's harder on the plaintiffs because

they've been waiting a long time for

justice and the duration of the

requested stay you can see where these

factors cut right as to the first one

the judge said the relationship between

the civil and criminal actions does not

overlap as much as Donald Trump says

because he's only going to be giving

Discovery and deposition testimony about

official versus non-official acts and

that doesn't implicate the Fifth

Amendment privilege and it's consistent

with what he's doing in the in the

prosecution the burden on the court the

judge says I'm not burdened by any of

this this is what I get paid to do uh I

I resolve constitutional issues every

day and I'm willing to take it on three

the hardship on the parties obviously

that tips well in favor of the

plaintiffs it's a tremendous hardship

for them to have their Justice delayed

and for the duration of the requested

stay it's it's unlimited it's not like

he's asking for 990 days he's asking for

I'll get back to you whenever I get

tried in the other case maybe and the

other case hasn't as I said even been

set for trial so the judge said um that

his Fifth Amendment privileges are not

being implicated because the only thing

this limited Discovery in the case is

over based on the directions of the

appell court is on immunity and official

versus unofficial acts basically one

major element at the United States

Supreme Court level for the the April

25th argument uh I talked to you about

burden on the court let's talk about

duration of the stay because this keeps

coming up over and over again with

Donald

Trump here that he says on uh judge ma

says on page seven defendant contends

that an indefinite stay is warranted

because he is the quote the first former

president and major party nominee in

history to be criminally charged for

conduct that occurred while in

presidential office well that's true the

special council's case he says

constitutes an extraordinary public

moment and that he relies on language

from a case involving Bill Clinton

versus Paula Jones in which the court

said the Supreme Court said especially

in cases of extraordinary public moment

a plaintiff may be required to submit to

delay not immoderate in extent and not

oppressive in its consequences if the

public welfare or convenience will there

thereby be promoted and that's what the

judge took issue with he said right if

you can suggest a delay that's not

immoderate um in EXT

and not oppressive in its consequences

and he says you but you've proposed a

delay that is is immoderate in its

extent in other words it's it's unduly

long and it's

oppressive in its consequences to the

public welfare and doing

Justice um and so he of course he uses

their own case against them in that uh

he talks about the criminal immunity

case Donald Trump up at the United

States Supreme Court and on page eight

uh judge ma says defendant believes that

a resolution of that issue before the

United States Supreme Court May inform

the scope of Discovery or may dispose of

this case altogether uh but judge ma

says there is no reason to wait on the

Supreme Court's decision this court is

unlikely to make an immunity

determination by the end of the Supreme

Court's term which ends in June thus if

the Court's ruling on criminal immunity

is relevant to the outcome here it can

easily be applied and then finally um

he's ordering them to move this case

forward as a starting point of Discovery

here's the new dates set by judge ma as

of as of this week by May 1 2024 while

he'll still be on trial up in New York

defendant Trump shall provide plaintiffs

with a detailed description of the basis

for his immunity defense identifying

Witnesses and documents this is all on

the final page uh page nine uh uh

identifying uh uh Witnesses and

documents presently known to his Council

and what limited Discovery he will

require uh by April 26 2024 that's a

busy week I'll talk to you about that in

a minute the party shall submit a

proposed protective order that at a

minimum ensures that any Discovery

responses from defendant Trump shall

mean under seal further order of the

court and submit a joint status report

about a proposed schedule for completing

Discovery uh relating to the immunity

inquiry standard stuff but let me just

talk about that April 26 date for a

minute minute because it's going to be a

very busy time on the mest touch Network

on un legal AF and more importantly for

Donald Trump uh April the 20 if you're

playing at home take these dates down

April the

22nd is going to be the hearing in front

of Judge engoron about whether Donald

Trump's alleged $175 million Post-it

bond is legitimate or not and is

sufficient or not to stop the

enforcement of the $465 million civil

fraud judgment against him and his

companies that's on the 22nd on April

the

23rd uh judge Maran in the New York

election interference criminal case is

holding a hearing that Donald Trump

needs to attend on whether he should be

held in criminal contempt and

potentially jailed in the New York uh

criminal case for gag order violation

that's the 23rd the 25th of April the

United States Supreme Court is hearing

oral argument in the case involving

immunity and whether Donald Trump has

any for official or unofficial acts

while he was in office now we have the

26th judge ma is ordering them to

prepare the joint status report and

other Discovery obligations in this case

brought by the metro and Capitol Police

you know where to follow all that the 22

23 24 and 25 major events in Donald

Trump's life and for criminal justice

right here in the mest touch network and

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