Legal AF by MeidasTouch - Hunter Biden STRIKES BACK WITH Judge Cannon’s Order

Episode Date: July 19, 2024

Turnabout is fair play, and Hunter Biden has rightly grabbed the MAGA and Judge Cannon gift of a decision declaring all Special Counsel invalid and unconstitutional in favor of Trump, and filed 2 new motion to dismiss based on Clarence Thomas’ reasoning to vacate his conviction and dismiss his indictments in 2 states on the same grounds! Michael Popok of Legal AF explains how Thomas and Cannon opened Pandora’s Box and now ALL defendants who have been prosecuted by a special counsel in the last 40 years should try to overturn their convictions. Thanks to Zbiotics! Go to https://zbiotics.com/legalaf to get 15% off your first order when you use code LEGALAF at checkout! Visit https://meidastouch.com for more! Join the Legal AF Patreon: https://Patreon.com/LegalAF 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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Benefits vary by card, other conditions apply. This is Michael Popak, Legal AF. The law of unintended consequences fast at work. Hunter Biden's lawyers, the president's son, have filed two motions to dismiss, one in Delaware and one in California against his indictment and against his conviction, arguing that Judge Cannon in Mar-a-Lago case and Justice Clarence Thomas of all

people were right, and that the special counsel was improperly appointed, wasn't confirmed by the Senate, is improperly funded. And therefore all of his prosecutions of any special counsel, including Hunter Biden's special counsel, David Weiss, are invalid. And should be, he should have his indictments dismissed, his sentence vacated, his record expunged. This is exactly what we said was going to happen on Legal AF.

The Pandora's box is open, the genie is out of the bottle, the toothpaste is all over the bathroom floor because of Judge Cannon. Following what we refer to as the, related to Justice Thomas, the can, the Cannon currents. He wrote a concurrence.

It was a love letter, a chef's kiss directly to Judge Cannon. Clarence Thomas and his concurrence in the immunity decision said, I don't even know why we're talking about a special counsel because that special counsel, Jack Smith, wasn't even properly appointed or confirmed by the Senate. And it needs to be wrong under a misreading of some statutes. And therefore the entire prosecution is illegitimate

in the, and he was talking at the time about the immunity decision in DC but he was sending a paper airplane directly to Judge Cannon who he supervises because he is in control of the 11th circuit he is the justice responsible for the 11th circuit which includes Florida brings us right forward to Hunter Biden. We said the flood gates are open, genie out of the bottle, toothpaste on the floor, of anyone who's been indicted or prosecuted or convicted by a special counsel.

Because that same infirmity, if it exists, side note, we don't think it exists. We think the canon is ultimately gonna get reversed by the 11th Circuit Court of Appeals and that even just even the Supreme Court led by Chief Justice Roberts is going to find that she's adopted a fringe out of the mainstream radical rogue decision. But we said if that ruling is the only ruling in the country and has not yet been overturned by any appellate court. While it's not, it's not presidential,

it's not precedent as we use that term in the law is certainly outside of Florida. And certainly even within Florida, it is, it could be argued that it's persuasive. It's the only federal judge that's ruled this way. So of course everybody would be lining up who's currently staring down a prosecution brought by a special counsel and saying,

he's invalid and he's invalid and he's invalid. Because Judge Cannon down in Florida says so. And Anne Clarence Thomas, I mean, I saw more references in Hunter Biden's new filing, this one that I'm gonna read from in a second. You know, then I even saw Judge Cannon's opinion, talk about strange bedfellows. Wow, but this was the natural result

of what Cannon and Thomas did. Of course people were gonna argue that all the special counsels are invalid, going back 20, 30, 40 years and try to attack their sentences and their convictions and their prosecutions. What do they think was gonna happen? They were just gonna act like Jack Smith

and every special counsel is an imaginary rabbit? Just totally imaginary? It's a stranger to the case? Just a normal citizen, the way Clarence Thomas described it. Let me read to you from the brief so you don't think I'm making this up. Two briefs, two motions were filed simultaneously today, just moments ago, by Hunter Biden's lawyers

led by Abby Lowell. One, just to kind of bring everybody full circle here, there's two indictments against Hunter Biden. And he was convicted of one. One in Delaware on gun charges because he owned a gun for 11 days after he lied on a form saying he hadn't been using drugs. He got convicted, hasn't been sentenced yet.

In California, led by the same special counsel, David Weiss, he's being prosecuted for $1.4 million worth of tax evasion. And the argument here is, well, let me just read it to you. Let's go right in. And so simultaneous motions to dismiss were filed in Delaware and in California. And here's what it says in the introduction, page one. This prosecution and another in California,

because this was filed in Delaware, did not occur until after unprecedented political pressure was brought to forego an agreed upon resolution of a four-year investigation. On July 1, 2024 in Trump versus the United States, which concerned President Trump's immunity claims with respect to an indictment brought by a different special counsel, Justice Thomas, I'm only on the first paragraph, the second paragraph of the first page, and there's Justice Thomas's name being invoked. Filed a concurring opinion,

raising a more fundamental antecedent question of whether the special counsel was valiantly appointed under the appropriations clause. Guided by Justice Thomas's opinion, this is the love letter from Thomas to Cannon, Judge Cannon dismissed an indictment against President Trump earlier this week because the special counsel

was unconstitutionally appointed. Based on these legal developments, Mr. Biden moves to dismiss the indictment brought against him because the special counsel here who initiated the prosecution was appointed in violation of the appointments clause as well. First line of the argument on page two, the constitutional flaw at the center

of the special counsel's appointment is that Congress has not established the office of a special counsel. The appointments clause requires the president nominate and the Senate confirm principal officers of the US, but that positions of inferior officials established by law may be filled through appointments by the president or the heads of department. And then they make that leap, the same leap that Judge Cannon made to say that the special counsel

is not an inferior office, he's a principal office, makes absolutely no sense. Jack Smith has a boss, that boss's name is Merrick Garland. He works for the Department of Justice. When he gets his direct deposit along with his team, it comes from the Department of Justice. He's an employee of the Department, he. When he gets his direct deposit along with his team, it comes from the Department of Justice. He's an employee of the department. He's not an independent

contractor. He's an employee of the Department of Justice and everything. And he took the oath. That's all that's necessary. As we age, balancing our social life with next day responsibilities becomes trickier. That's why I'm thrilled to have discovered Z-Biotics Pre-Alcohol, a game-changing product for responsible adults who enjoy a drink, but have plans the next day. Z-Biotics Pre-Alcohol is the world's first genetically engineered probiotic. Invented by PhD scientists, it's designed to address

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I mean, he's been given a gift by the MAGA. Of course, he'd be a fool not to use it. Some people thought that we kind of speculated about this on Legal AF the podcast, that maybe somebody in the Biden campaign would call up Abby Lowell and say, look, I know this is a great development for anyone, including the president's son on the receiving end of a special counsel's prosecution,

but could you not embarrass the president and don't do that? But I'm not faulting Hunter Biden. If I were representing Hunter Biden, if I were Abby Lowell, I'd be doing the exact same thing. How can you not do it? And if it's wrong, ultimately, for Canada to have decided that, the 11th circuit will resolve that issue. And if it's wrong, ultimately, the Supreme Court will resolve it,

or the court, the first circuit, which is where Delaware sits or the ninth circuit where California sits, it'll all get resolved. But look, you got a client to represent. It'd be professional malpractice, frankly, for Abby Lowell not to bring this up on behalf of Hunter Biden

to try to get his indictments dismissed. I mean, setting aside for a minute that even if the special counsel were found to be to get his indictments dismissed. I mean, setting aside for a minute that even if the special counsel were found to be invalid in his cases, it doesn't mean necessarily that the indictments are invalid or he couldn't be re-indicted. But again, I think it would be professional malpractice not having now gotten this decision.

You can't bury your head in the sand, act like it didn't happen. He may be a president's son, but he's got rights and due process rights, constitutional rights, and have a vigorous defense brought on his behalf for sure. And so, I mean, there's one difference, which isn't really addressed in the briefing,

but they'll get to it, is that the special counsel for Hunter Biden had been confirmed by the Senate because he had been a US attorney. It was actually a Trump US attorney that then got appointed by Merrick Garland. Merrick Garland has a habit of trying to act statesmanlike and fair and appointing Republicans into special counsel positions.

It hasn't been good for the country. I'll just put it at that. Robert Herr investigating Joe Biden for mishandling classified documents. This guy to go after Hunter Biden. I mean, there's ways to be fair without having, you know, a player from the other side be your prosecutor. But that's for another hot take.

Let's focus on Hunter Biden's twin filings, one in Delaware and one in California. So they go on on page three to extol the virtue of Justice Thomas. They say on page three, Justice Thomas expressed that he was not sure that any office for the special counsel has been established by law as the constitution requires,

because there's no apparent statutory authority establishing the position. By requiring that Congress create federal offices by law, Justice Thomas explained, the constitution imposes an important check against the president. He can't create offices at his pleasure. And then they mentioned Justice Thomas again on page four.

And they mentioned Justice Thomas more, Clarence Thomas more than they do Aileen Cannon. And then they talk about Brett Kavanaugh. And what they're really calling for is that the ultimately the Supreme Court overturn a decision that people that are on the other end of special counsel prosecutions don't like. And let me just tell you that so that we get it straight, sorry for all that. It's Morrison versus Olson. It's a case from 1988. It's been questioned by the current Supreme Court

about whether it's really valid or not. But Morrison versus Olson supported the establishment of an independent counsel, even when it was attacked for similar reasons as what the attack has been on the special counsel by Thomas. And it allowed for the establishment of an independent counsel,

whether you call it independent counsel, special counsel, special prosecutor, it's all about the same. Having said that, Morrison is still on the books. The current Supreme Court may not like it. They don't like anything from the 80s or 90s. Whether it's super precedent that's been confirmed and affirmed over and over again or not, just throw it out. It's a going out of business sale for the Supreme Court.

50% off of all precedent, 100% off of women's rights, 100% off voting rights. Come and get it, buy one, get one free. That's our current United States Supreme Court in the hands of the MAGA right-wing ultra right. So as I said before, all these references to Thomas, all of these demands to have his, Hunter Biden's case dismissed,

citing the exact arguments that were raised by Donald Trump, it's a natural consequence, unintended or otherwise, of the MAGA right-wing, what's good for the goose is good for the gander. I mean, if Thomas thinks it's okay to get rid of Trump's case and set the table for Aileen Cannon, and she willingly put on her little napkin

and knife and fork and sat down at it, and set the table for Aileen Cannon and she willingly put on her little napkin and knife and fork and sat down at it, then why isn't it okay for Hunter Biden to do it? Again, without banging on my table. It would be professional malpractice for Abby Lowell not to raise this issue. Every lawyer worth his or her salt would do exactly the same. Now look, I think all roads end not great for this argument. And we've talked about it on Legal AF,

and we think there's a lot of intellectual dishonesty in the analysis by Judge Cannon and Judge Thomas, and that it will ultimately be righted by appellate judges at the 11th Circuit, at the D.C. Court of Appeals, at the 9th Circuit, the 1st Circuit, at the DC court of appeals, at the ninth circuit, the first circuit and the United States Supreme court. But that's gonna take time. In the meantime, you can't ignore this. You can't be like deaf, dumb and blind, bury your head in the sand.

If you're Hunter Biden's lawyers and say, yeah, this is an amazing, yes, out there fringe, outlier rogue decision, but it's totally in our favor, but we need to ignore it because of whatever. You can't, that you can't do. So I understand all of that. And now wait for the lineup of other famous people that you may or may not know

who have been prosecuted by special counsel, going back for the last 50 years, and let's see what happens. Because if I'm them, I bring the same motion until an appellate court tells me that I can't. We'll continue to follow all this right here on the Midas Touch Network, on this YouTube, and on Legal AF, the leading podcast

at the intersection of law and politics. If you don't know why we call it Legal AF, join us on Wednesdays and Saturdays at 8 p.m. Eastern time and you'll find out. We curate the top four or five stories at that intersection. We bring it to you right here and then on audio podcast platforms of your choice. 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

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