Legal AF by MeidasTouch - FED UP Jack Smith INTRODUCES PLAN after IMMUNITY RULING

Episode Date: July 3, 2024

The DOJ will push for a mini-trial THIS SUMMER to allow them to present to the American People BEFORE NOVEMBER ALL of the evidence against Trump that renders his indicted criminal acts in the DC election interference case UNOFFICIAL AND PROSECUTABLE CRIMES. Michael Popok of Legal AF walks through how Judge Chutkan step by step will get the case against Trump back on track for a trial before the Inauguration if not the election. Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. Visit https://meidastouch.com for more! 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 Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson 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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Enjoy free beer, wine, and premium snacks in economy class, now extended to flights within Canada and the U.S. Cheers to taking off this summer. More details at aircanada.com. Nearly four years ago, my predecessor sent a violent mob to the U.S. Capitol to stop the peaceful transfer of power. We all saw it with our own eyes. We sat there and watched it happen that day. Attack on the police, the ransacking of the Capitol, a mob literally hunting down the House Speaker, Nancy Pelosi, gallows erected to hang the Vice President, Mike Pence. I think it's fair to say it's one of the darkest days in the history of America.

Now the man who sent that mob to the U.S. Capitol is facing potential criminal conviction for what happened that day. And the American people deserve to have an answer in the courts before the upcoming election. The public has a right to know the answer about what happened on January 6th before they asked to vote again this year. Now, because of today's decision, that is highly, highly unlikely. It's a terrible disservice to the people of this nation. So now, now the American people have to do what the courts should have been willing to do, but will not. The American people have to render do what the courts should have been willing to do, but will not.

The American people will have to render a judgment about Donald Trump's behavior. The American people must decide whether Donald Trump's assault on our democracy on January 6 makes him unfit for public office in the highest office in the land. The American people must decide if Trump's embrace of violence to preserve his power is acceptable. Perhaps most importantly, American people must decide they want to entrust the president once again, the presidency to Donald Trump, now knowing he'll be more emboldened to do whatever he pleases whenever he wants to do it. This is Michael Popak, Legal AF, with a Get Off the Canvas and Dust Yourself Off edition.

It's time to talk about the immunity decision and its aftermath, and particularly, the information and evidence the Department of Justice is going to be able to present to the American people in a better, I posit, a better format than a actual trial before the November election and the DC election interference case.

What am I talking about? What I'm talking about is what is the procedure that's going to happen now that the case has been returned to Judge Chutkin in the District of Columbia? Everybody's, the initial writing was, well, the American people will never know about whether Donald Trump was a criminal or not or what the evidence was against him before

they have to vote for him in November. Not so. In fact, based on the directions of the United States Supreme Court, and it's a majority opinion written by Chief Justice Roberts with directions and mandates to the trial judge, Judge Chutkin, she's got a lot of work to do. And that work is going to be in the public record with a full blown evidentiary hearing, a fact finding hearing that could take several weeks, at least a week or two, in which evidence, it's an evidentiary hearing, is going to be put on by the prosecution on the issue that is left for Judge Chutkin to decide. She has to take and map that Supreme Court decision

onto the 45 page indictment that makes up the four counts of the felony charges against Donald Trump in DC. We've talked about all the other cases so long, just to remind you, there's four counts. The obstruction of justice, obstruction of an official proceeding, and conspiracy related to those things against Donald Trump, all about his attempt to cling to power. The Supreme Court didn't say he is absolutely immune from those things. To the contrary, the absolute immunity

that a lot of people reported about is only about core presidential function that is actually expressed in writing in the US Constitution. None of those things were really in play related to Donald Trump's cling to power. It's all about this netherworld of unofficial conduct versus official conduct. If it's official conduct of the president, and that's what the judge has to decide in this evidentiary hearing that I'm

positing that I'm proposing, then it gets a presumption of immunity that can be overcome, but it's going to be very, very difficult. If it falls into the category of unofficial acts, then it is going to be prosecuted. So the judge has to spend time now with the lawyers, with briefing, with hearings in the public, with reporters there because remember this is federal court, we don't televise it, we don't have audio about it, although she could make a decision that she wanted to televise it, although I don't think she will, but there will be reporters there, the Midas Dutch Network will be there with its people that it relies on. Then it'll be a matter for the prosecution team to put on all of the evidence consistent

with the Supreme Court decision against Donald Trump as if they were at trial. It is a mini trial. This mini trial is going to happen before the November election. Now, the Midas-Tetch Network has been pretty consistent that it may not be a bad thing, that there's not a full-blown trial for Donald Trump before the November election. I mean, Donya Perry, there's a thumbs up,

Donya Perry, who's on another of our sister podcasts, Miss Trial, came up with a very similar idea just a week or two ago, and I thought it was a good one then, and I think it's a great one and this is really how it's going to happen. The judge put a pin in the case, Judge Shutkin, six months ago. She said if she ever got the case back that she would give Donald Trump 82 days, effectively one day for every day lost during the state period, 82 days to get ready for trial,

but that's going to be after this couple of week mini trial that I've just outlined. Now the reason I like it even better than a trial is we've seen Donald Trump in trial. Donald Trump turns the trial into a circus, into a campaign stop. He stands in front of those bicycle racks outside the courtroom, in courthouse.

He holds impromptu press conferences. He bashes everybody. Remember, he's subject to a gag order that remains in DC, in the election interference case, and he takes impromptu breaks, goes outside, talks to the media, has MAGA media, and others throw him softballs. He has MAGA and tryouts for his vice presidential position,

come and support him at the courthouse and all of that. Most of what I just described won't happen during the mini trial. First of all, Donald Trump's not going to be testifying. Donald Trump can be there and he can try to hold whatever, but it's not going to be witness after witness after witness in live testimony in front of the judge. It's going to be a lot of grand jury testimony reporting that's been now disclosed. It's going to be a lot of documentary evidence. It's going to be a lot of video and things like that. It will create much less of a circus to Donald Trump's favor than it would if it was a full-blown

trial. It'll be mini, but it will get all the evidence out and we will report on it. Mainstream media will report on it on a daily basis about the evidence against Donald Trump, much like the Jan six committee. Let's take a quick break to talk about our next sponsor, Zbiotics. If you're like me, you've probably skipped a workout

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I think that started at 9.30 in the morning. Luckily, I knew I had Z-Biotics. As instructed, I drank a bottle of Z-Biotics before any alcohol. I was shocked at how good I felt the next day and so was my wife. Give Zbiotics a try for yourself. Go to zbiotics.com slash LegalAF to get 15% off your first order

when you use LegalAF at checkout. Zbiotics is back with 100% money back guarantee. So if you're unsatisfied for any reason, they'll refund your money, no questions asked. Remember to head to zbiotics.com slash legal AF and use the code legalAF at checkout for 15% off. See the Jan 6 committee was effective to get into the public domain

in all of its eight or nine sessions, video testimony and evidence and reports and then the full compendium of a report, we're going to see something similar here and we're not going to get as much pushback because on the mini trial side, the defense is going to be severely limited. There's not going to be major openings and closing arguments for several hours. There's not going to be jury selection process to shape the results. It's going to be pretty finite. Judge is going to set the parameters, Judge Chutkin, and she's pretty efficient. She's the opposite of Judge Cannon in Mar-a-Lago. She will hold this hearing on a briefing schedule probably before the summer is over. She'll say, the purpose of the hearing is for me to determine in this waterfall of events and indicted acts and overt acts that are in the

indictment, which part of the waterfall falls into the bucket of immunity or presumption of immunity, official conduct, and which falls into private conduct unofficial acts. And that's all I want to hear about. That's all I want to hear about. That's all I want to have briefing about. And once I figure out the buckets and what's left in the bucket for prosecutable crimes and prosecutable acts, then we will reset this case for trial in 82 days. As Judge Ludig recently said, and he's going to be on our, in interview with me later in the week, as Judge Michael Ludig said recently

that Jack Smith should not succumb and neither should the judge by extension to political pressures not to have this trial up and running even if it straddles the election. Remember, even if there is an election and it goes Donald Trump's way somehow, he's not inaugurated until January. There is plenty of time between now and January to get this case done, especially if she

holds her plus 82 day approach. So let's just play it out. She sets up a briefing schedule and that has an evidentiary hearing, which if I'm the prosecution, I push, of course, this needs to be evidentiary. Because how else are we going to show you the evidence that supports the indictment? Now, Trump's lawyers are going to say, you just look at the allegations of the indictment, not the evidence. Wrong. And there's no way the judge is going to go for that. It's going to be evidentiary. It's going to be fact-finding by the judge. Because she's got to do fact-finding as commanded by her bosses on the Supreme Court. She can't just say,

well, I went through the indictment and I circled the ones that I thought fit and were going forward. No way. No way. Due process requires her. The command and the mandate from the Supreme Court requires her to go through this waterfall approach and figure out what's in each bucket and have a proper record so the Supreme Court and the public knows how she did it. And this is the process I believe they're going to have to use. Alan Feuer in the New York Times had a very good overall approach to this, which I think is consistent with mine and with Donnie Perry's idea. This is how it's going to happen. I think it's going to happen. We're in July already. We're coming up to Independence Day, ironically. It's got to probably be an August, I would say an August event

with any other judge, I'd say September or October with judge Chutkin, who doesn't care. As she said in the past about the day job for Donald Trump, it's going to be. It's going to be a, uh, I would say August, late August event. She'll get it done in August. She'll give him 82 more days, we're in October, that's the October surprise, he has to be tried in a trial while he's campaigning for office.

And if he doesn't like it, he can go back to the Supreme Court and see if he can get a stay while he takes an appeal because he will, I will assure you, challenge how she meets out these particular and drops them into the particular buckets. Donald Trump is already using the immunity decision every way he can. He's already filed a motion in the New York case to say that even though 90% of what is alleged in the New York case is about candidate Trump having nothing to do with President

Trump, he only wrote a few other checks while he was in the White House. How could they possibly be official conduct or core presidential responsibilities? But he's trying to throw sand in the gears and delay, delay, delay, and delay the sentencing and delay the appellate process as long as he can in New York. That is his mission. Joe Biden put it best, President Biden put it best in his address to the nation right after the immunity decision came out about the fact that even though the United States Supreme Court has denied and held the opinion hostage for so long, and held American democracy hostage for so long in rendering that opinion on the very last day, that even though

they have denied the American people the right to have a trial in public and the accused to have a trial in public, the American electorate is going to have to make their own decisions based on the information and the evidence that is going to be presented to them, including what I suggest to you is this mini trial that is going to happen in front of Judge Chutkin. So listen, on balance, we've got to dust ourselves off here. We've got to look. It's not a silver lining, but it is the reality of how this approach now that the Supreme Court has ordered Judge Chutkin to take a look at things and do it in an evidentiary, foundational way is going to play out with this particular judge. Take solace and take some comfort that we've got the right judge, Judge Chutkin, who is a somber, sober jurist, a

professional, mature former trial attorney who knows how to run her courtroom. That's all she's ever demonstrated and knows how to do it quickly and efficiently without regard to fear or favor of who is in front of her as a criminal defendant. That is a good thing. The Department of Justice, I'm sure while the immunity decision at least had been briefed and oral argument had been thinking about the day when maybe they'd have to go back to Judge Chutkin and talk about official versus unofficial acts. Associate Justice Gorsuch put it exactly that way in the oral argument. We've got the makings of this mini evidentiary trial, which is actually better for the American people. It's going to be an undiluted, unvarnished presentation of the

evidence without a lot of counter on the other side by the defense. They'll try, but it won't be what they would have at a full blown trial. That is a good thing for us to learn about the evidence against Donald Trump before the November election. Follow me, Michael Popock, right here on the Midas Touch Network and on this YouTube channel. Let me just tease a little bit. I've got an interview with Judge Michael Lutig, former appellate judge, defender of democracy. Yes, a Republican, Federalist, and a conservative, but the right kind, kind that cares about America, and he has very strong opinions about what the United States Supreme Court just did in their wrongheaded decision to upset the balance of power between the co-equal branches of government and

put the presidency above the law. Tune in for that here on the Midas Touch Network. So until my next hot take, until my next Legal AF, this is Michael Popak reporting. Hear ye, hear ye, Legal AF Law Breakdown is now in session. Go beyond the headlines and get a deep dive into the important legal concepts you need to know and we discuss every day on Legal AF. Exclusive content you won't find anywhere else, all for the price of a couple of cups of coffee. Join us at patreon.com slash Legal AF.

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