Legal AF by MeidasTouch - DC Judge RESPONDS QUICK to Trump’s CRIMINAL MOTION

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Starting point is 00:00:32 Legal AF. We've got a breaking development in the Judge Chutkin TC election interference case against Donald Trump on the immunity issue. Just the last day, Judge Chutkin has filed the public record or had filed the public record, 165 pages with some bare redaction of people's names of the presentation of the evidence that Judge, that Jack Smith has done to the judge in order to prove and carry the burden that the superseding indictment against Donald Trump survived the Supreme Court's immunity decision. It was a brief and a motion for immunity determination. It was required by the ruling by the United States Supreme Court asking the Jack Smith

Starting point is 00:01:13 to do exactly this and that Judge Chutkin review all of the evidence before trial to make these initial determinations. Well, of course, that freaked out Donald Trump. And the way the original briefing schedule was scheduled, there would be two briefs by the government, one brief by Donald Trump all before the election. So Donald Trump asked for a couple of things recently and I reported on it. He wanted as many pages as Jack Smith got. Jack Smith got 180 pages.

Starting point is 00:01:41 He wanted 180 pages. And I said in an earlier hot take, that'd be fair, that I expected that maybe she'd even give him more pages. But he also asked for a final brief. He wanted to have the last word, Donald Trump, in the case. Because the way it was arranged on September 5th on the immunity decision, he would not get the final word. It would have been the government's original brief that we now got our hands on, and we've

Starting point is 00:02:03 talked about. I've done four passes through the 165 pages already. have been the government's original brief that we now got our hands on and we've talked about. I've done four passes through the 165 pages already. And then there'd be a middle brief by Donald Trump, which would have been before the election. And then there'd be a final brief by the government on the 29th of October. But now Judge Shutkin has said, and I've predicted, that she would not be concerned about the trial calendar. She said she's, I mean the election calendar.

Starting point is 00:02:25 She said her trial is not gonna be impacted by the election calendar. That Donald Trump's just an ordinary criminal defendant facing four felony counts in front of her. And that's what she just did. She gave Donald Trump the additional pages, but she also gave him an additional brief and she pushed off the government's brief,

Starting point is 00:02:42 the next brief, and his brief, Donald Trump's brief, until after the election. Now there's still one big major lift here by the Department of Justice that we're gonna get our hands on before the election and I think that's something that the judge was sensitive to. That in trying to keep the scales of justice on either side at equipoise equally balanced, she needed to lean a little bit over on Donald Trump's side at the moment and give him the 180 pages and give him another brief and then have four equally balanced briefs, have the bulk of them come before the election, including this next piece I'm going to tell you about, and then the rest after the election. I think that's a good, fair, solomonic sort of compromise, judicious, sober, somebody

Starting point is 00:03:30 who's properly adult in the room administering justice. I'm fine with all of it. I thought of another way. I thought she'd give Donald Trump 200 pages or even 220 pages, give him more than he asked for but only give it to him in one brief. I've had that happen to me in courts. So I thought she'd go that way. There is one big massive filing that's going to be coming from the Department of Justice. I think it's already been filed, but it's going to be released to the public at the rate that Judge Chutkin makes decisions, I think around the 14th,

Starting point is 00:04:01 15th of October. And it's about two or 300 pages of additional material, the supporting evidence, witness statements and summaries and pieces of evidence and transcripts that are coming in with 30 pages of single-spaced footnotes to support all the evidence that is in this brief. It is the appendix to the brief. The judge has it. Trump's making recommendations about how to redact it or put black tape on it. And then she's going to release it to

Starting point is 00:04:30 the public 14, 15, 16th of October. We're going to have that 300 pages to dive into, to get to the bottom of and to report on the Midas Touch Network and on our new Legal AF, MTN, YouTube channel. Now here's the order and I'll read it to you. It's relatively short. It's what we call a minute order. It's a little tiny, it's just a minute. It's on the electronic docket used by the court. It's not a formal longer order. Sometimes judges do a minute order and then they have a longer

Starting point is 00:05:05 decision or order underneath it, but not when it comes to briefing and pages. That's just done by minute order. Here's the minute order by Judge Chutkin that we've just literally received in the last hour. Minute order as a Donald J. Trump. Defendant's motion to extend the page limits in time to respond to government's motion for immunity determination and for leave to file a surreply, S-U-R-reply, it's an additional piece of paper at the end to get the final word, is hereby granted in part and denied in part. The court's order is modified. That's her order from September the 5th. Trump's combined response and renewed motion to dismiss based on presidential immunity.

Starting point is 00:05:45 So she's letting him re-argue a motion to dismiss on immunity and combine it in a combined filing is now due on November the 7th, two days after the election and may include up to 180 pages. So you got your 180 pages, you got it after the election, although I don't know why now him, Donald Trump, Jack Smith, having filed his first and having another brief and appendix filed before the election, why Donald Trump wouldn't want to have his day in court and let the American people know the truth, we know the answer. He doesn't have a response, really, to Jack Smith's evidence-laden presentation, a mini trial in a box. This podcast is sponsored by Delete Me.

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Starting point is 00:09:04 Take control of your data and keep your private life private by signing up for Delete Me. Now at a special discount for our listeners. Today, get 20% off your Delete Me plan when you go to joindeleteme.com slash legal AF and use promo code legalAF at checkout. The only way to get 20% off is to go to joindeleteme.com slash legal AF and enter code legal AF at checkout. That's joindeleteme.com slash legal AF code legal AF. She also said that

Starting point is 00:09:36 the government can then reply and file their opposition to that motion to dismiss. So a dual briefing there on November the 21st, so after the election of course, but before the inauguration. We don't have to worry about Donald Trump winning and firing the judge or firing the special counsel. And then the defendant Trump may file a reply and a surreply if they want to by December the 5th, a month and a half, six weeks before the inauguration. Signed, Tanya Chutkin. What does it all mean? Let me unpack it quickly. It means I think that it was a very good and a mature decision by an experienced jurist who knows that the courts are watching, the Supreme Court is watching, the courts of appeal are watching, and she wants to get it right. And I think she found

Starting point is 00:10:30 some value buried within Donald Trump's crying and complaining and whining and conspiracy theories about the Department of Justice. She found some merit to the argument that he wants to file a motion to dismiss again, that he wants to file a motion to dismiss again, that he should be given an opportunity to have two briefs, and he should have more pages. She was always giving more pages, even though I thought Donald Trump made a mistake not ask you for that earlier. Once the 180-page barrier was broken by the prosecutors, now they came in at 165, came

Starting point is 00:11:02 in a little bit late, but she was going to give them 180 pages. I predicted that a long time ago on many other hot takes here. But I thought she sort of combined it into one brief, but what she did is she said, you know what? It looks like Trump does have an ability, or should have an ability under criminal process and procedure and constitutional law to move again, to dismiss the indictment on the new indictment, brand new indictment just came out after the immunity decision. She wants to preserve Donald Trump's appellate right and the record to have another opportunity to argue again on his behalf as the movement, as the first party. And for that he needs his double briefing and so does the government. So at the end we're gonna have four total briefs along with all of these appendix, these

Starting point is 00:11:47 supporting materials, which will also end up on the public docket. That's the fight we've been watching closely on Midas Touch Network and on Legal AF so far. It's the what is going to end up in the public domain. Because we operate our criminal justice system in America, in this Constitutional Republic, as a public justice system. We don't have secret tribunals. We don't have star chambers. Everything is done in the public, in the open. And the public and the press, First Amendment freedom of the press, have the right to know. And really it's for the benefit of the accused as well because the accused has the shadow

Starting point is 00:12:26 over them. It has the scorn heaped on them just being indicted and they should have an opportunity through a fast process, speedy trial, to have their day in court and to prove to the American people that they're not the criminals that they've been charged with, that they've been charged as, that they are not criminals, that they're, of course, presumed innocent. Of course, Donald Trump doesn't want to have the opportunity. If he did, he'd say, I want to file my brief faster, Judge. People that want to be exonerated and aren't doing it for political theater, they want to generally file their briefs faster

Starting point is 00:13:02 so that the American public has the benefit of their brief. If they had anything really compelling to say against this mountain of evidence that's now been presented by Jack Smith to the American people, like a second Jan 6 report, if you will. But that's not what Donald Trump wants. Delay, delay, delay. The longer he stretches this out, if he can win the election, God help us. Really, God help us, really God help us, then his first order of business,

Starting point is 00:13:26 1201 on January 20th is to fire the special counsel, fire his office, fire the Department of Justice and end this case and order them to end this case and maybe pardon himself and everybody else. If that doesn't motivate you to vote for the only party here, one party short, a two party system, and vote for the Democrats in order to protect our constitutional republic and our rule of law? I don't know what will. So we'll continue to follow. That's what we do. So methodically, with a little bit of joy on legal AF regularly, new Order of the Judge. Sometimes we talk internally about, oh crap, my hot take went stale because the judge already

Starting point is 00:14:10 ruled and that's okay. We are serial. We're episodic. We're teaching to our audience, our committed audience. And we have so much to talk about that in consultation with the Midas Touch Network, we decided let's launch a new channel devoted to law and politics called Legal AF. What else? And we call it Legal AF MTN for Midas Touch Network. You know, like MS and NBC, Microsoft and NBC, we're Legal AF MTN. And I'll be, I'm the executive producer. I'm the curator of all things there, and find

Starting point is 00:14:47 out what 40 million people a month already know that Legal AF is the home of law and politics like no other in commentary and analysis that you've come to know and enjoy. Come over there now. We've already got 140,000 subscribers. We're about two weeks old. We hope to get to 200,000 by Halloween, but only with your help. We don't have the opportunity to ask a judge to give us more time. We got to do it now.

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Legal AF by MeidasTouch - DC Judge RESPONDS QUICK to Trump’s CRIMINAL MOTION

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