Legal AF by MeidasTouch - Furious Jack Smith Strikes Back at Trump Corrupt Scheme
Episode Date: August 27, 2025Former Special Counsel Jack Smith and his lawyers are coming out swinging, accusing the partisan ethics probe opened about his work to be “imaginary and unfounded” as he shoves back against MAGA�...�s phony “whistleblower” complaint against him being investigated by Trump’s stooges at the Office of Special Counsel. Michael Popok connects all the dots on his latest hot take. Mudwtr: Start your new morning ritual & get up to 43% OFF your @MUDWTR by going to https://mudwtr.com/LEGALAF #mudwtrpod 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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Imaginary and unfounded.
You could use those adjectives against a lot of the Trump administration,
but in particular,
Jack Smith is using that vocabulary along with his lawyers
to shove back against a ethics violation investigation
being conducted by the Office of Special Counsel under Donald Trump
because they're claiming that the investigations of crimes committed by Donald Trump,
the prosecutions of those crimes,
the resulting indictment was all done for political purposes.
It was all done so that the voters wouldn't vote for Donald Trump.
It was interfering with the elections.
It was political campaigning.
It was a prosecutor doing his job and following the facts where they lead
and following the law where it leads and bringing Donald Trump to justice
and wanting the American people to at least know if they were voting thumbs up or thumbs down
for a felon or not.
Now, Donald Trump already got convicted of 34 felony count.
but it was something that people should know
when they go into the ballot box about Donald Trump.
And they also knew that they had to hurry up
and get these cases ready and up and running,
not because of interference,
but so that he would get tried before he became president,
if he became president again.
And Jack Smith wasn't alone in the prosecutions.
He had two federal judges,
one named Eileen Cannon in Florida,
and the other one named Tanya Chutkin in D.C.
So let's get down to this imaginary story
that's been perpetrated and perpetuated
by Senator Tom Cotton, who's a Trumper,
who made a whistleblower report to the Office of Special Counsel
being led right now by another Trumper, Jameson Greer,
and the response that Jack Smith has fired back
through his lawyers, Lanny Brewer. We do it right here on the Midas Touch Network and an illegal
AF. Hatchack, let's start with a teachable moment. What is it? First of all, it's not a crime to
violate the Hatch Act. It's not even, doesn't put you in jail. It's a fine, a monetary fine at best.
And it says that if you're working for the taxpayer and you're being paid, it's generally
federal employees, although it sometimes can apply to state employees, government employees.
But while they're working and while they're making money on the taxpayer dime, they're not to do political campaigning political activities.
And Trump knows this act well because like 30 people in his administration the last time around were found guilty of it, including, as I said, Jared Kushner, his son-in-law and Kelly Ann Conway and others.
Because they were all promoting Donald Trump's re-election campaign in 2020 that didn't work instead of doing their job.
And so there's a 63-page Office of Special Counsel report from back then about the Trump administration.
So it almost makes you gag with the irony that Trump is using the Hatch Act to go after Jack Smith.
It just shows you how weak Trump is and how weak any cases against Jack Smith.
That's all you got against them.
So what is the Office of Special Counsel, my second teachable moment?
It's not what you think.
a special counsel or independent counsel is appointed by the attorney general in a criminal context
to prosecute a case separate and apart from the Department of Justice, usually because there's a
conflict of interest or something like that. It comes from the power under the Constitution
of an attorney general to point inferior officers and an inferior attorneys that report to him.
That's Jack Smith. That's Robert Mueller. That's that's, that's, that's, that's,
Durham, you know, John Durham. That's Ken Starr, if you want to go way back in time. That's the
Watergate prosecutor, Jaworski. That's those people. Office of special counsel, they really
should come up with a different name, is the whistleblower office in the executive branch
where somebody complains either a federal employee complains about something going wrong in
their department or somebody complains about a federal employee. And
Until Trump, it was headed by very competent people.
One of them is a friend of mine, somebody I knew well from law school days because his father
was my law professor, Walter Delinger, Hampton Delinger.
Hampton Delinger famously got fired by Donald Trump as the head of the special counsel's office
at the start of his 10-year term.
They are supposed to be independent, unless they're controlled by Donald Trump.
They're supposed to do investigations and whistleblower complaints, make recommendations.
they can bring suits against these people and the like.
Now, Donald Trump had one partisan hack who was so bad,
just like a right-wing podcaster,
friend with the white supremacist,
white supremacist endorser,
9-11 denier, election denier,
Nick Fuentes, a guy named Paul Ingrossia,
so bad, so unqualified,
that even Trump couldn't get him through a Senate confirmation.
So the office is currently being headed by Jameson Greer.
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Tom Cotton, a senator, made a, it wasn't even like a whistleblower complaint.
It was like a social media.
a post. I assume he sent the letter as well. And so they open a file. How else is a federal
prosecutor supposed to go after an elected official, even up to the president of the United States?
If there's also a political calendar going on at the same time, I mean, every judge that was
responsible for something involving Donald Trump, from Judge Mershon, up in New York, the 34
felony count, Judge Chukin, D.C., Judge Cannon, Miami, all of them. Well, at least two out of the three.
And Chutkin and Bershahn said out loud, we're not going to let the political calendar dictate due process the right to a fair trial and speedy trial, all required here.
We're not going to allow that.
And they didn't.
And the only thing that they have to try to attack Jack Smith on is that he was trying to get the trial up and running so it wouldn't interfere with the election.
He was actually doing the opposite of the Hatch Act.
He was trying to avoid interference.
So let me just read to you from some of the notes,
some of the comments made and how we got here.
Well, Cotton said the race to verdict and the race for trial
obviously was a hatchack violation.
It should be investigated.
That's basically what he said.
Here's what Lanny Brewer, the lawyer for Jack Smith,
had a say in response and what he's just filed.
So there's no basis for an accusation that Mr. Smith
violated the Hatch Act. The allegations are wholly without merit. Quote, Mr. Smith was
fiercely committed to making prosecutorial decisions based solely on the evidence. He steadfastly
followed applicable Department of Justice guidelines. I mean, you know, there's the DOJ manual,
the principles of federal prosecution. You wouldn't know that watching Pam Bondi or Alina Haba
or, you know, any of the Judge Piro or any of these other people that are operating in the Department
of justice without any rulebook at all, any ethics at all. But Jack Smith did. And the letter
continues, and he did not let the pending election influence his investigative or prosecutorial
decision-making. The investigation, Mr. Smith's attorneys wrote, is premised on a partisan complaint
from cotton that suggests the ordinary operation of the criminal justice system should be disrupted
by the whims of a political contest. But the notion that justice should yield to
politics is antithetical to the rule of law. Moreover, the suggestion that the Hatch Act can be
violated by taking routine procedural steps to prosecute a case involving a candidate for public
office is unprecedented and risk interfering with the enforcement of our federal or criminal laws.
His actions were always consistent with the decisions of a prosecutor who has devoted his
entire career to following the facts in the law without fear or favor and without regard
for the political consequences, not because of them.
It's just that wrong.
Look at what we're dealing with.
Trump guts the office of special counsel.
He fires the only competent person around Hampton Delinger,
who's independent and serving a 10-year term.
He tries to put in a right-wing podcaster
who supports white supremacists
and every MAGA conspiracy theory out there
in Paul and Grascia,
so bad that he can't even get confirmed
so they yank his nomination.
They take a Tom Cod,
manufactured choreographed complaint about Jack Smith and turn it into a federal case, right?
Talk about a mountain and a molehill.
And Jack Smith's fighting back.
And lawyers are supporting him to do that.
And lawyers are rallying around him.
And even though major law firms have all bent the need of Donald Trump, there are thousands of other law firms,
including brand new ones out there that have just been born to protect people who are being victimized and
targeted by the Trump administration. And we do the same thing here. You're on Midas Touch and
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