Legal AF by MeidasTouch - DOJ Sends WARNING to Trump on PUBLIC REPORT

Episode Date: November 27, 2024

Special Counsel Jack Smith and his team just sent a love note to Trump before they issue their report to the public—“we stand behind our work” and are not intimidated by your threats to prosecute us. Michael Popok reports. Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. 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 MissTrial: https://meidasnews.com/tag/miss-trial 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 On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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and they're not gonna bend the knee because Donald Trump has threatened to prosecute them, investigate them, and clean house. Instead, they have news for Donald Trump in a new federal filing that effectively is, how do I put this mildly, a federal middle finger back to Donald Trump. I'm Michael Popak. You're on the Midas Touch Network and on Legal AF, and I want to talk about some language put in a very discreet filing made today by Molly Gaston, who works for the special counsel's office on behalf of the special prosecutor, in dismissing the case against Donald Trump, which we've anticipated for the last two weeks, was going to happen. It happened

today. We knew it was going to be one day before Thanksgiving. It happened today. But in it, it's the way they did it. And it's the middle finger salute that I find most courageous. I don't want to focus on right here on this particular hot take. You know the news already. The news is, as anticipated, Jack Smith getting advice from the Office of Legal Counsel, the OLC, which is internal to the Department of Justice, which is basically their Supreme Court that's binding on them and tells them whether they can or cannot, red light or green light, prosecute a case against a sitting president or assumed to be sitting president, the operative term there being sitting president, not former, not one leaving office in four years, but current or about to be current.

And the answer to that question is they can't. I won't bore you with all the constitutional analysis about the shadow and shade that would be placed on the office of the presidency to have to continue to defend themselves against the prosecution and the mental and physical toll that it would take and the impairment of his reputation or impeding of his function, not Trump particularly, but the office of the presidency. They're always thinking long-term and legacy, not just the current guy that happened to get in. That's what you already heard. Let me focus on something that they wrote. If you follow Legal AF and the Midas Touch Network regularly, you know or you have heard

that Donald Trump is going to weaponize the Department of Justice. The hunters will become the hunted. He's going after Jack Smith if he doesn't quit first, which he already has effectively. He's going after all the career prosecutors in Maine Justice, the Department of Justice in Washington, and all the people that worked special prosecutors or regular prosecutors or staff or FBI that worked on the cases against Donald Trump because they were legitimate cases. He's trying through terror, through fear to create submission and obedience. But that's never been Jack Smith and his team's

strong suit to bend the knee and bend over for their target and the criminal defendant in their cases. Let's remember that prosecutors have an obligation as officers of the court to the oath that they took. Donald Trump may not recognize that he ever took an oath to defend the Constitution, but the prosecutors or lawyers like I am, we take an oath, we're officers of the court, we're ethical. And there's a further ethical covenant that prosecutors make to the people in the public justice system, which is they will not bring prosecutions that they do not believe in good faith. They can carry their burden beyond a reasonable doubt.

And so in the filing, in response to all of this noise by Donald Trump, by Matt Gaetz when he was up for the office, by Pam Bondi, who thinks she's going to get the job of attorney general, and all the people are saying, let's make Matt Gaetz a special counsel. That'll be fun. Have him go after Jack Smith and Molly Gaston and Jim Pierce and all those people. Here's what they had to say back to Donald Trump in one elegant, efficient sentence in their filing. They said the following. They said the fact that we're going to dismiss

is not a reflection of how we see the strength of our case, or the proof of our case, or the good faith in our decision to prosecute, which we stand behind. In other words, go, know what yourself Donald Trump. We're not going to back out of this and file the dismissal paper that the Office of Legal Counsel tells us we have to file because we

have to follow their directions. We're not going to then say, you got us, gotcha. Prosecution was politically motivated and biased, or we didn't have the proof, or our case wasn't very strong, or we didn't believe we could win the case beyond a reasonable doubt. We stand behind our case, the decision to prosecute, the proof that we had, and the strength of our case. Traditional bedsheets, they can harbor more bacteria than a toilet seat. It can lead to acne, allergies, and stuffy noses,

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and courage. I talk a lot about profiles and courage because this is the time for people not to go into abandonment and resignation, but rather to lean forward, not back, to have courage. We're not an exile, free-thinking people. We're in opposition, and this is an indication of it. We are not going to butter up Donald Trump and apologize for a damn thing. We stand behind our work. The only reason we're dismissing it, and we're only doing it temporarily, by the way, is because we're being told we have to do that under a constitutional analysis provided to us by our bosses, if you will, in the Office of Legal Counsel, and that's the only reason. But here's another reminder.

It is temporary. We saw the same temporary concept in a recent filing by the Manhattan DA, a state prosecutor against Donald Trump, asking for a delay temporarily in the sentencing of Donald Trump. It's the same analysis. It's almost the same analysis, which is currently, since he's heading into office in another two months, it will cast an inappropriate shadow and impair his ability to do the job for which he was elected and will impair his constitutional functions. But that impairment will one day be lifted. So as the Manhattan DA told Judge Mershon, the same thing here is what the special prosecutor, Jack Smith, is telling Judge Chutkin, the federal judge, which is this is just a temporary moment in time, a stitch in time, and it ends when Donald Trump's tenure ends. And he leaves office on January 20th, four years from now, and returns and recedes to the mass of people.

And he just becomes John Q. criminal defendant, John Q. public. That temporary nature of this whole thing is what drives the dismissal without prejudice to be refiled hopefully again in a different time, in a better time, when the Democrats reclaim the White House in four years and reclaim the Department of Justice. We stand behind our prosecution, the quality of our evidence, the weight of our evidence, the decisions that went into the indictment and the decision to prosecute. That is a message, maybe a final message that we'll hear from Jack Smith's team to Donald Trump's side,

XO, XO, XO, see you in four years. Now, if they think they're gonna try to publicly flog and publicly use a guillotine on all of the DOJ people, we got another thing coming. There are plenty of federal judges that ring the District of Columbia and will serve as a firewall, almost all of which were appointed not by Donald Trump, there's a couple of Trumpers in there, but mainly by people like Biden, by Obama, and by Clinton, even Reagan that are still hanging around. They will end up being the firewall because when these suits are filed or these prosecutions are started against Jack Smith and his team, we need a federal judge to say that this is

malicious prosecution, that this is vindictive prosecution, that these are all the grounds to have these things dismissed. And if Donald Trump thinks he's going to get some magistrate MAGA judge to jail Jack Smith or Merrick Garland or Joe Biden or Molly Gaston or Jim Pierce or anybody else on his team or the FBI or Chris Ray and the FBI, he's got another thing coming. It makes for an interesting threat. It seems to animate and motivate and make his base salivate in the MAGA world. It's not going to happen. It's not reality. It will be there to call it out, to support, to file amicus briefs, to show up in court,

briefs, to show up in court, to lead the public firestorm against it as the Trump MAGA overplay their hand time and time again. We'll follow it all right here on the Midas Dutch Network and Legal AF, a new channel based on our podcast. It's been around for four and a half years, but a new channel that we built about a month or so before the election for this moment at the intersection of law and politics. Join us there, free subscribe, Legal AF, the YouTube channel, Legal AF MTN, where I'm the chief curator, and over here on the Midas Touch Network, where I regularly do reporting just like this at the intersection of law and politics. So until my next reporting, I'm Michael Popak and this is Legal AF on Midas Touch. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube

channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at LegalAFMTN. That's at LegalAFMTN.