Legal AF by MeidasTouch - Jack Smith BLASTS Trump’s VERY DESPERATE Motion

Episode Date: September 6, 2023

Special Counsel Jack Smith just filed an opposition to a very desperate motion to vacate filed by Donald Trump in the Washington DC federal case where Jack Smith calls out Donald Trump’s threats and posts on social media.  Thanks to our sponsor HumanN! Get a free 30-day supply of SuperBeets heart chews and 15% off your first order by going to https://getsuperbeets.com and use promo code LEGALAF 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 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

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With the right tools, the goals you have tomorrow can happen today. Visa is ready to build a next generation of Fintech together. Learn more at visa.ca. opposition to a bizarre motion that was filed by Donald Trump's lawyers in federal court in Washington, DC, before Judge Tanya Chutkin. This, of course, involves the case where Donald Trump was indicted in connection with trying to overthrow our democracy in the 2020 election. You see, Donald Trump's lawyers are trying to delay, delay, delay any way possible. And special counsel, Jack Smith's team filed a very routine under seal filing pursuant to the party's protective order because it involved sensitive material.

It was filed under seal. And then Donald Trump's lawyers responded by opposing Jack Smith's seeking leave to file under seal. So what Donald Trump and his lawyers want to litigate for many, many weeks is just even the issue of whether special counsel Jack Smith can file under seal, meaning not on the public docket sensitive information. So that was the first thing that was filed. It was called emergency motion to vacate order on government's motion to seal. And then special counsel Jack Smith and his team led by Molly Gaston in this motion and Tom Wyndham responded.

This is a very routine under seal filing. Judge Chutkin, number one, number two, it's pursuant to the party's protective order that allows filings like this to be done under seal, if it's sensitive material. And then there was this very interesting line at the bottom, which basically said that this motion to vacate that was filed by Donald Trump's lawyers, which want to have this ridiculous briefing schedule. It says, Trump's lawyers suggest an unworkable three-week briefing process for the court to decide whether every ordinary filing that refers to sensitive materials may be docketed. Such a requirement would grind litigation

in this case to a halt, which is particularly infeasible given the pressing matters before the court, including the defendant's daily extrajudicial statements that threaten to prejudice the jury pool in this case as described in the government's motion. The court should deny the defendant's motion. So Karen, what's notable about that statement is not just Jack Smith calling out Donald Trump for filing this frivolous motion to vacate and have this schedule, but there clearly was what's hinted at here

Right is that under seal that we haven't seen this yet. There's some other filing that exists where I think all of these extra Judicial statements were brought before Judge Chutkin and so what what do you make of us? Yeah, I think what I think what's interesting about this is first of all, we're going to start seeing all communications between the parties to be recorded in some way, either in an email or on the record in some way, because communication is completely broken down. The defendant's emergency motion said that Jack Smith didn't even consult us the way they're supposed to, and they filed this. And then Jack Smith comes back and says, no, we did consult you and everyone agreed on this.

So they're not even agreeing on the most basic of procedural statements, and the communication between them is clearly broken down. There's no trust. And so I think you're going to start seeing everything be done on the record. And yeah, it was interesting because Jack Smith was filing a motion about the defendant's conduct, his extraduegeical statements, meaning his statements made out of court, and Jack Smith was doing that under seal because what he's trying to do is preserve the jury pool and not try to taint the jury pool in any way by accusing

the defendant of doing anything wrong or any other thing about this case. So Jackson Smith in order to try to preserve the jury pool and not make extra judicial statements wanted to make this motion under seal because he doesn't want to purchase the defendant either, right? A fair trial is a fair trial for all parties. But of course, because Donald Trump is making this kind of desperate motion, frankly, because he's not even complaining about the motion, the substance of the motion itself. He's so desperate to delay this case and get more time so that it doesn't go when it's scheduled to go. He does not want this case going in a really march

that he's going to just argue about the very thing about whether it's sealed or not, right? That doesn't even go to the substance of the motion. Hard health and staying healthy, especially when you have a family that you wanna be able to spend as much time with as possible, is so, so important. We all have a heartfelt reason to support our blood pressure.

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Double your potential with superbeats hard shoes. Get a free 30-day supply of superbeats hard shoes and 15% off your first order by going to get superbeats.com and using promo code legal AF. That's get superbeats.com code legal AF. But Jack Smith isn't going to let him get away with that. So he does drop that very last line in the motion that you read that basically tells the world about what it's about, which is, look, it's about your out of court statements

that you're making every day on a daily basis, this barrage of truth social postings and Twitter postings and other postings and campaign messaging and asking for money off of your extra judicial statements. And that's what his motion is about. So I think we're going to start seeing a lot more being done on the record. You know, most of the time parties get along, lawyers know each other.

There's respect. If a lawyer says something, if it's a trustworthy lawyer and someone you ever relationship with, you can count on it. And lawyers are going, you can count that someone's going to honestly report what you said. I mean, I as a prosecutor would often talk to lawyers who would ask me for more time on a case and I would agree. And then they would say, okay, I have to go to court on this and they'd ask me to join them.

And I'd say, oh gee, I can't. I have a conflict. But go ahead. You can represent what I said on the record, I trust you. And they would. And of course, they would represent exactly what I said, right? And that's the way law practice should be and often is. Here, you can tell by the flurry of the battle of the motions, that that has no longer the case, there is no communication between these lawyers

and certainly any of any trust whatsoever. And I think we're going to start seeing a lot more of this type of on the record back and forth. But Jack Smith, you know, within, I think it was within minutes of the defendant filing this emergency motion filed this reply from Molly Gaston as a way to not allow him to delay this case. Because we're going to see this stay tuned. You and I are going to do duets probably every single day and it's going to be some version of Donald Trump trying in some way to make this case go out past March of 2024. Yeah, and trying to create a ton of chaos, because reading between the lines here, right, special counsel, Jacksonman's team was filing this under seal. The sensitive material, as you mentioned, was actually as a way to try to safeguard Donald Trump's due process, right? Because by filing publicly, all of the threats that Donald Trump's been making and then calling

either for some sanction or calling for some repercussion. I think Jack Smith's team recognizes that while they have every right to do that, they don't then want Trump's lawyers to whine and say, well, now we're prejudice. Now we can't get a fair trial here, because that's exactly what Donald Trump's lawyers are trying to set up. Heck, look what happened in the Southern District of Florida,

even where Judge Eileen Kenan, unprompted, requested that Jack Smith make a filing that responded to her request that it seemed like she heard on Fox. Why there's this other grand jury still taking place? Jack Smith responded, then what did Donald Trump's lawyers do immediately? They wind and complained and said, you violated grand jury secrecy by answering what Judge Cannon did. But here's the thing.

I'm confident that Judge Chutkin is not going to countenance these types of tactics. Unlike Judge Cannon who has embraced these kinds of tactics, Judge Cannon has consistently stricken the filings by Jack Smith has created situations that would make things take a very significant period of time that should be handled in a very basic and pragmatic way pursuant to the protective order. I think Judge Chutkin has been more than patient with Donald Trump and Donald Trump's lawyers. That's an understatement. And for all of our viewers out there who may be wondering why hasn't Jack Smith called Donald Trump out for these posts that he makes on a social media platforms and his threats and his conduct.

The answer is he has. It's just been under seal. And now you have Donald Trump's lawyers trying to create chaos and havoc around that almost weaponizing the threats to then play victim and say, oh, whoa, is me? We're biased now. We're prejudiced. So that's what's going on here. Well, of course, keep you posted as we learn more here on legal AF through these duets.

But I think this is a very, there's far more than meets the eye to these relatively short filings back and forth, but we'll keep you posted. Make sure you subscribe to the legal AF podcast and go to patreon.com slash mightestouch. P-A-T-R-E-O-N dot com slash M-E-I-D-A-S T-O-U-C-H to learn about KFA's origin story, Michael Popox origin story, and how we all met. We'll see you next time on the KFA Ben Myceles duet. Hey, Midas Mighty, love this report, continue the conversation by following us on Instagram,

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