Podcast Summary
Trump's Lawsuit Against Cohen May Lead to Public Disclosure of Embarrassing Texts: Trump's lawsuit against Cohen for breach of fiduciary duty and breach of contract may backfire and lead to public disclosure of embarrassing text messages between Trump and Stormy Daniels.
Former President Donald Trump's attempt to sue his former lawyer, Michael Cohen, as a form of retaliation for cooperating with prosecutors in a criminal case, may backfire and lead to the public disclosure of embarrassing text messages between Trump and a porn star. The case, which was filed in April 2023, is based on questionable claims of breach of fiduciary duty and breach of contract. However, during a recent hearing, it was revealed that there are text messages between Stormy Daniels and Trump, which the former president has saved and will have to produce during the course of the case. Trump does not want these text messages to be made public, but federal courts in the United States have an open-door policy, and it is difficult for a plaintiff to prevent such information from becoming public in a civil case. The public has a stake in the trial process, and everything is on the electronic docket for everyone to see, with very strict standards for what can be sealed. Thus, Trump's efforts to silence Cohen and intimidate him as a witness may backfire and lead to the public disclosure of potentially damaging information.
Lawyer for Trump Argues for Confidentiality Using Outdated Doctrine: In federal court, the 'not for public consumption' doctrine doesn't exist, and magistrate judges handle discovery. Trump's request to seal the entire case was partially denied due to potential privilege waiver.
During a hearing in a Florida federal court, the lawyer for Donald Trump argued for the confidentiality of sensitive documents in a case involving Trump and Michael Cohen, using the "not for public consumption" doctrine. However, this doctrine does not exist in federal practice, and the magistrate judge, Edwin Torres, made it clear that discovery in civil cases, including the exchange of information, is handled by magistrate judges in federal court. The judge also noted that some documents must be automatically produced under federal court rules. Trump's request for a protective order to seal the entire case was denied in part, as the judge needed to determine if attorney-client privilege had been waived. Ultimately, the lawyer's reliance on this outdated and inapplicable argument may not have been their strongest case strategy.
Michael Cohen's attorney-client privilege could be challenged: The crime-fraud exception may apply to challenge Cohen's privilege, but other contested evidence might not be hidden from public view. Trump's recent legal efforts have not been successful.
Michael Cohen's attorney-client privilege may be challenged in the ongoing legal disputes involving him and former President Donald Trump, as the crime-fraud exception could potentially apply. However, the rest of the contested evidence, such as text messages between Cohen and Stormy Daniels, might not be easily concealed from public view. Meanwhile, a seemingly unrelated topic was brought up during the discussion, emphasizing the importance of using eco-friendly toilet paper, like Real Paper, which is made from bamboo and helps reduce the demand for cutting down trees. Lastly, Trump's recent legal maneuvers, including his attempt to disqualify Fani Willis in Georgia, have not yielded favorable results for him.
Trump's legal team unsuccessful in avoiding unfavorable judges: Despite Trump's attempts to change judges in high-profile cases, he lost motions in the E Jean Carroll and Stormy Daniels cases, leading to increased scrutiny and potential release of damaging evidence.
Former President Donald Trump's legal team has been unsuccessful in their attempts to avoid unfavorable judges in several high-profile cases. Within a two-week period, Trump lost motions for new trials in the E Jean Carroll sexual battery and defamation case and the Stormy Daniels criminal case. In the Carroll case, Trump argued against Judge Lewis A. Kaplan due to his previous rulings against Trump. However, he did not meet the criteria to remove the case from state to federal court. In the Stormy Daniels case, Trump tried to move the case to federal court due to his objection to Judge Juan Manuel Merchan, who had previously oversaw Trump's businesses' felony convictions for tax fraud. These losses mean that the public will have access to extensive evidence against Trump in both cases, and Trump may be required to release text messages related to the Stormy Daniels case. The legal proceedings in the Cohen case are also ongoing, with potential rulings and discovery in the coming months. Overall, Trump's legal efforts to avoid unfavorable judges have not been successful, leading to increased scrutiny and the release of potentially damaging evidence.
Trump's Texts with Stormy Daniels Revealed in Court: During a hearing in Trump v Cohen, Trump's lawyer was compelled to disclose text messages between Trump and Stormy Daniels, making it harder for Trump to deny their relationship.
Learning from this report is that during a hearing in the case of Trump v Cohen, the lawyer for Donald Trump was compelled to disclose text messages between Trump and Stormy Daniels in open court. This revelation makes it difficult for Trump to deny having a relationship with Daniels, as she is now on his text chain. Michael Popak, the reporter, will continue to follow the developments in this case and provide updates on the Midas Touch network. Popak invites viewers to follow him on social media, where they can watch his hot takes in a playlist and listen to longer-form podcasts called "Legal AF." Everything Popak produces is free to access, and he encourages viewers to engage with him and the Midas Touch community on Instagram.
