Legal AF by MeidasTouch - Federal Judge’s NEW ORDER in Trump Criminal case is a BIG WIN for Jack Smith

Episode Date: June 20, 2023

Michael Popok of Legal AF reports on the latest order against Trump in the Mar a Largo criminal case, with the Magistrate Judge Reinhart barring Trump from reviewing any of the government’s evidence without his lawyers babysitting him, and threatening criminal contempt if he discusses or leaks any of it on social media, to the public or otherwise. Head to https://policygenius.com or click the link in the description to get your free life insurance quotes and see how much you could save! SUPPORT THE SHOW: Shop LEGAL AF Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 Learn more about your ad choices. Visit megaphone.fm/adchoices

This is Michael Popok, legal a F happy June 10th and the federal courts are still working even though it is a federal holiday and we have an order from Magistrate Judge Reinhart who will be the day-to-day Magistrate Judge for all things Donald Trump, Mar-a-Lago, and the Miami prosecution. Sitting in West Palm Beach, he issued an order today, a protective order that will govern all things discovery material. Discovery material is the data information witness statements, documents, evidence that the government is compelled by our Constitution to turn over to the defense under a line of cases that starts with Brady. So it's called Brady

material. So they have to do their job under due process and constitutional concerns, the prosecution, to turn over the Brady material. But the defense has to do their job and make sure that all that Brady material stays right where it is with defense counsel, the defendant, and doesn't get disseminated or disclosed to the public on social media or otherwise.

Now this protective order motion that got signed today on the 19th is not a terrible surprise. Last week, the government working with the Defense Council for Trump and Walt Nauda agreed to the terms of a protective order to accelerate the disclosure of this information and provision of this information from government to defense council. With one caveat, I'll talk about on this particular hot take, which is for that material that is national security or national defense information or classified in any way, the lawyers and others have to get security clearance in order to review that material. So just because the protective order was signed today doesn't mean that the fire hose of data,

information and Brady material is gonna come shooting out of it all the way to Donald Trump and his lawyers, parts of it will, those that aren't classified, those that aren't under a top secret or classified, classified system of classification, but not all of it until they get their security clearance. And he answers the questions that many people have,

which is how do people that don't have security clearance get to look at classified top secret and national defense information, NDI, and the answer is they don't. They have to get clearance. And last week, the judge, and the answer is they don't. They have to get clearance. And last week, the judge currently, in the case, Judge Cannon issued an order that all the lawyers on the defense side hurry up and submit their applications and processes to the federal

government to get their security clearance, because that's about a 30-day process. So we don't expect even with the protective order in place. We don't expect that the NDI, the top secret classified documentation, is going to go over to the Trump side until they get security clearance. Now, the protective order is very strict. It's short, it's sweet, but it's very strict about the use of the discovery material. Firstly, it is under lock and key by the defense team and the defense counsel.

The judge will look to the defense counsel and find them in contempt if any of his aspects of his order are violated. They need to catalog and label all versions, hard copy, electronic or otherwise that they obtain of this material. They need to know where it is at all times, they need to know where copies of it is at all times, and all that has to be cataloged. The defense team and the defendants, Trump and Nauta, can take notes, but even those notes have to be under lock and key catalogued and kept and segregated with the discovery material.

There can be in two different sections of the protective order in section three and in section six that the magistrate judge took pains to warn primarily Donald Trump that there will be no disclosure indirectly to anyone other than an authorized group of personnel that are working with the defense team as experts or other lawyers. And even they and getting it can't take copies, can't make copies and have to sign a certificate that they understand the terms of the protective order, which could subject them to the contempt if they violate it. And then there's a section, section six, in which the magistrate judge warns Donald Trump

that there shall be no disclosure, disclosure to the public on social media, media, or otherwise, without the consent of the prosecutors and sign off by the court, judge Reinhart. There's a little bit just talking as a drafter of legal documents. There's one extra thing I would have added, just a nerd out here for a minute on section six. I would have added directly or indirectly after the words disclosure, just to make it clear that like Don Jr. Eric or somebody else, some sort of lackey or surrogate for Donald Trump doesn't get it. But I think when you read the entire order from section three down to section six, I think it captures the essence. And if anybody tries to, you know, if Trump then takes the document and gives it, it

leaks it's a Roger Stone, for instance, it's just the name somebody and Roger Stone then tries to, you know, go on newsmax or Steve Bannon's podcast and talk about it. I think Trump, Bannon and Stone will be in deep trouble under this protective order. If you have a family like I do, you know how much you love once depend on you. In a worst case scenario, you wouldn't want them to worry about money. Policy genius was built to modernize the life insurance industry. Their technology makes it easy to compare life insurance quotes from America's top insurers,

and in just a few clicks to find your lowest price. With Policy Genius, you can find life insurance policies that start at just $25 a month for one million of coverage. Some options offer coverage in as little as a week, and avoid unnecessary medical exams. Policy Genius has licensed award-winning agents who can help you find the best fit for your needs. They work for you, not the insurance companies. That means they don't have an incentive to recommend one insurer over another, so you

can trust their guidance. Policy Genius is for parents, caregivers, and anyone else who has people who depend on them. They simplify the process of getting life insurance so you can protect the people you love. There are no added fees and your personal details are private. No wonder they have thousands of five star reviews on Google and trust pilot. Your loved ones deserve the financial safety net. You deserve a smarter way to find and buy it.

Head to policygenius.com or click the link in the description to get your free life insurance quotes and see how much you could save. That's policygenius.com. And the judge actually spells it out in section 9 of the protective order when the magistrate judge says any violation will be in contempt of court and will subject that person to both criminal and or civil sanctions. Civil sanctions are usually, they're usually fines that could have some impact

on the trial itself, criminal is what it sounds like, you could like get locked up for it, you could spend some time in jail for having violated this. So this is a necessary piece. It also shows you sort of the ordinary pace of this garden variety, criminal prosecution of a former president on 37 counts, including 31 counts of espionage act.

And I'm only saying that slightly tongue-to-cheek. Donald Trump is now in a federal process. Donald Trump is being treated like any other common criminal in federal court, except at the beginning when we all sort of are pissed off that the judge, magistrate judge Goodman, the day magistrate on Tuesday that actually got picked to handle the pretrial release issues and the bond and bail issues if there were going to be any for Donald Trump, you know, we wanted, you know, put him in prison, lock him up federal detention center before trial. That wasn't going to happen. Take us passport. Government

didn't ask for it. You know, have other requirements of probation. Have them check in regularly. Have them never leave, you know, Florida without without permission. These are not things that the federal government has to for. There is a little bit of, I'm trying to think of the word for this, I was going to say timidity, timitness being timid by the government. They are using kid gloves around Donald Trump because of the accusations that they go too hard on them that it's too partisan. So they're kind of bending over the other way,

bending over backwards the other way to give him a little bit of leeway as leading candidate for the Republican party, even though it pisses the rest of us off. But not so with Judge Reinhart. He's the one to remind everybody or those that are just coming to the program for the first time. Judge Reinhardt's the one that issued the search warrant last summer, last August that was executed on Mar-a-Lago. So Reinhardt has a very

deep understanding of the players here and the law, of course, in this area as a sophisticated and veteran experience magistrate. And my point is that on a kind of common practice, protective order being put in place, exchange of documents or the documents coming from the government over to the defense, this is going to go matter, of course. The next time something really, really important happens is we're going to see a confirmation that the defense team has secured their security clearance to allow for the full exchange of documents or the full production of documents from the government over to the defense. That's one. Then we're going to see, I guess, Ilean Cannon having her first hearing in which they're going to talk about the calendar

and the timeline, setting the time for the inevitable motion practice, motions to be filed by the defense team to dismiss the indictment or attack the grand jury process or suppress evidence like, you know, they don't like the fact that all the attorneys got stripped of their attorney client privilege or technically Donald Trump got stripped of his attorney client privilege and the attorneys were compelled to testify over it. They don't like that. So they'll move to suppress that. They're going to argue that somehow the search warrant was invalid or improperly issued. Good luck since Judge Magistrate Judge Reinhardt handled that and try to suppress that evidence

that came from the moral logo search. So there's gonna be all this motion practice, this is flow of motion practice. And the question is when, when is that going to happen? You know, right now we're in June, it's not gonna be a June event, you know, it's probably gonna be a hearing in July or August in front of the judge, Judge Cannon, where she says, all right, you got, you know, let's start with when the trial

is going to be and work our way backwards. And that's when we're going to know why the trial is going to be understanding that this patchwork of calendaring around the other four to eight criminal and civil trials for Donald Trump and how do you place them is going to matter. We already have one judge in New York, judge,ershon who set a March 2024 date for his 34th count business record for out case against Donald Trump in New York state court. And now, candidates can have to come along and set a trial based on the prosecution. They want a speedy a trial as possible. They're not going to go 70 days.

That's the standard speedy trial. They're going to do it It's going to be longer than that But they're going to want you know first quarter 2024 second quarter 2024 for this trial and then you work backwards to set the dates for the motions to be followed by the defense And if somebody doesn't like the results of those motions There's going to be inevitable appeals So we've got that whole process going on. We're gonna follow it here.

I do it at the intersection of law and politics about every day only on the Midas Touch Network. I co-anchor and co-founded the leading political and legal podcast also on the Midas Touch Network called Legal AF. That's on Wednesdays and Saturdays. And I'm co-anchor that with then my cellist and Karen Friedman, Ignifalo.

If you like what I'm doing on this podcast, on this hot take, give me a thumbs up. It helps with all things that matter, including the quantity and quality of what we're doing here. And you can follow me, Michael Popock, on all things social media, at MSPOPock. This is Michael Popock, LegalAF reporting. Hey, Midas, Mighty.

Love this report. Continue the conversation by following us on Instagram. At MidasTouch to keep up with the most important news of the day. What are you waiting for? Follow us now. you