Legal AF by MeidasTouch - Jack Smith DROPS BOMBSHELL in Court Trump FEARED MOST

Episode Date: October 2, 2024

Special Counsel Jack Smith velocity at fling against Trump is unmatched; he’s now filing papers in the DC Election Interference case in 1/3 of a news cycle! Michael Popok reports on the new filing against Trump that encourages the Judge to do exactly what Trump doesn’t want: To let ALL the new evidence be given to the public now. Get this exclusive offer when you use promo code LEGALAF at https://MagicSpoon.com/LEGALAF 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

Michael Popak, Legal AF. Don't sleep and nod off on the Department of Justice and the DC election interference case because just a couple of hours after Donald Trump filed his crying, complaining, whining document with Judge Chutkin saying that Jack Smith is mean to me, he wants to disclose more information about all the witnesses against me than I want him to before the election.

I mean, the thing was written, so it didn't really have that whiny tone, but that's the way I read it. He also complained, Judge, you're not protecting the witnesses against me that I want to intimidate and I want to harass enough. You need to remove all of their titles and names because everybody will figure it out. It's already in the superseding indictment, idiot. It already lists most of these people by their titles. You don't think we know who the governor of Georgia was at the time that you committed the alleged crimes? We don't know who the Georgia secretary of state is?

We don't know who the vice president of the United States is? We don't know who the speaker of the house of Arizona is? Really? They need to be protected from who? From you? And now, in just, I mean, I love them. I'm a pretty fast writer. I can move at a very fast velocity.

But Tom Wyndham, along with the team for the Jack Smith, this is a new pace. But they only, you know what I love about them? They did the whole thing in two and a half pages. You know what that signals to the judge? Nothing that guy said over there hurts me. Sometimes when I'm in court, for instance, and somebody does a direct examination or a cross examination of a witness and I don't think it hurt me at all and I think it was

sort of ridiculous, I just stand up and go, no questions, no redirect, no cross. And that signals to the jury, whoa, that witness must have been very good for Mr. Popok at the time. Same thing here, three pages. They call it the government's reply in support of a motion for leave to file about the redacted nature of the motion. Let me break it down for you in simple layman terms. Here's the battle. The Department of Justice filed

because the Supreme Court told them to. A over 300 page tractor trailer of a filing which laid out all the evidence and facts and witnesses and secret grand jury testimony and everybody in Donald Trump's inner circle that testified against him in the DC election interference case. Not because they wanted to. The prosecutors don't do that. Special counsels only file a report like this when it's their final report that's delivered to the Attorney General

to conclude an investigation, not in the middle of a trial not yet set. They don't like to put on their entire case, especially before the American people on election day. It's not what they chose to do. It's what they've been commanded to do in order to overcome their burden and carry their burden assigned to them by the United States Supreme Court to have the superseding indictment, the new indictment against Donald Trump survive the immunity decision

that the Supreme Court rendered in July. And so Donald Trump says, what you gotta redact more? Redact means blackout. It means not edit out, blackout to the public's prying eyes. The lawyers and the Department of Justice and Trump all have clean copies. They all see the filings.

We haven't been able to report on it because it's under seal, meaning it's literally, it used to be sealed in an envelope, but it's in the clerk's office. But now it's under seal, meaning you can't get a copy of it. And what the judge is presiding over is a process in which certain factors in the DC, it's called the Hubbard factors after a case, are weighed and balanced to decide how much of this information ends up in the public domain. I mean, the bias is to put all of it in the public domain because we're a public justice system. No star chambers, no secret tribunals, but that has to be balanced against other competing interests. And there's factors

that have to be applied by the judge and the DOJ and it's filing a couple hours on top of Donald Trump's filing just said they got it wrong, Judge. They don't even apply the factors. They ignore the factors. All they want to do is complain about and whine about that we're political when we're not. Where is the factor analysis? Where is the balancing act balancing Donald Trump's rights as a presumed innocent accused person and a future juror picker against the Department of Justice trying to protect witnesses from intimidation and harassment and the judges view, rightly so, in administering justice, that the public has a right to know because they have a seat at the table through review of the docket like I just did, pulling it off the electronic sheet, or

through the press, freedom of the press. In fact, as they quoted in the Department of Justice's new filing, I'll read from, on page one, it's only a two and a half page filing, it won't take me long, but I'll give you the commentary and the color around it. Judge Chuckin said in a prior hearing, which the Department of Justice reminded her, quote, I intend for this case to proceed in the public record as much as possible, and I will carefully weigh the relevant factors, that's the Hubbard factors, to ensure that there's sufficient reason for keeping any material off the public record. In other words, the presumption is that the document information witness statement name of the person is going into the public record. In other words, the presumption is that the document information witness statement name of the person is going into the public record immediately.

That's the presumption. And it's up to the parties subject to the protective order and the Judges Balancing Act to argue for something not to be in the public domain at this moment. Things change over time. Things that are currently blacked out in a filing may, in subsequent versions, the black tape gets ripped off. So by the time the case has been fully tried, we have

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documents and the grand jury exhibits. And so here's what, here's how the government just responded to Donald Trump. I just did a hot take about Donald Trump's filing you can find here on the Midas Touch Network just about two hours ago. The defendant agrees with the government, as I had said earlier, about the proposed redactions of names of individuals who are not named in the superseding indictment, but argues that that does not go far enough

because you have to get rid of their titles and positions. However, they said that in assessing these factors, you have to look at what's already been done in the indictment, and this is consistent with what's been done in the indictment and this is consistent with what's been done in the indictment And they say not naming they say this is this is appropriate And this is also a reminder of all the witnesses against Donald Trump Everybody that I list right here is a future witness against Donald Trump keep that in mind and if you're playing at home, you're ready

Here's the titles that have already been used campaign manager, I Don't know, Suzy Wiles? Arizona's governor at the time. Arizona's house speaker, Rusty Bauer. Senior campaign advisor could be Boris Epstein. Executive assistant. Oh, that could be a number of people. I can think of a couple that were there on Jan 6, including some that testified against Donald Trump with the Jan 6 committee. The defendant's chief of staff, I don't know, Mark Meadows.

George's attorney general. Yes, there's, let's see, Brad Raffensperger. No, he's the secretary of state. It'll come to me. Georgia governor, all right? I think we know that's Kemp. And secretary of state, Brad Raffensperger, chairman, chairwoman of the Republican National Committee. I mean, at the time, that probably was

Huckabee, Michigan House Speaker and Michigan Senate Majority Leader. I don't know, but they're MAGA and another senior advisor. And then they say, I love when they do this, that the case that Trump cited to support his position actually supports the government's position. It's actually, it works in his favor, not in favor of his own argument. And then I'm like done. I mean, this is just my commentary. Finally, on last page, page three, this is how the government ends it. This is the dismount, if you will, from the apparatus. The defendant's opposition includes his standard

and unsupported refrain, the tired old song, that the government's position is motivated by improper political considerations. That allegation is false, just as it was false when the court denied Trump's motion to dismiss the case on the grounds of selective and predictive prosecution. Like a year ago, Donald Trump had a major argument. The government is going after me.

They're vindictive, selective prosecution. They don't go against other former presidents who are alleged to have committed crimes, just me, because there aren't any former presidents who are alleged to have committed crimes in our modern era, other than Nixon, and he resigned. And he was then pardoned by Ford in order to avoid some of the kind of national unity problems at the time. So the special counsel's mandate is to uphold the law, Tom Wyndham, on behalf of the special prosecutor wrote, it has no role or interest in partisan politics

and has fairly executed its prosecutorial duties in this case. Doesn't this sound like people who work for Merrick Garland? The government's position set forth on the schedule is rooted in a faithful application of the case law of this circuit, namely a careful analysis of the factors that have been ignored by Donald Trump.

Respectfully submitted, Jack Smith, special counsel. Now, there's another filing, we'll do another hot take on it, about discovery issues that have been raised in the case. But what this shows you is that Donald Trump has been wounded by the filings and the decision starting on September the 5th by Judge Chutkin, in which she set a briefing schedule

allowing the government to go first, to put in all their evidence in order for her to do her job, which was required by the Supreme Court to do a fact-based, fact-bound analysis of the superseding indictment to see if it survives the immunity decision. She can't do it any other way, but that wounded Donald Trump has been keeping him up at night. As is all of the parade of witnesses are going to come in against Donald Trump. Let me just project us into the future of a trial in this case to picture it. This is what keeps Donald Trump up at night as he tries to win the presidency to avoid criminal prosecution while he tries to win the presidency in order to avoid prosecution. I'm not stuttering.

I'm telling you what he's doing. He doesn't care about the electorate. He cares about whether he's gonna wear an orange jumpsuit or his family's gonna make enough money between now and November. That's all he cares about. Now, think of the trial. I'm a trial lawyer. Whenever I handle a case,

even one where the trial is two, three, four years away, I think about the trial every day and project myself into that courtroom. There's going to be one week, one full week, where all the witnesses are former Republican officials in the inner circle of Donald Trump, one after another. Then there's going to be a week of just elected officials. Lindsey Graham, Vice President Pence, elected officials in Arizona, the former Speaker of the House of Arizona, the Governor of Georgia, just elected official week, following on the heels of insider assistance to the President of Donald Trump week.

Then we're going to have a whole week of just attorneys who represented Donald Trump, either as White House counsel or as private counsel, including felons and those that have lost their licenses. A whole week of that. Then we're gonna have a whole week, I'm gonna call it the administrative assistant or the executive assistant week. It'll just be all of those people,

those underpaid, thankless people, like Cassidy Hutchinson and the people that handled Donald Trump's scheduling, and Ms. Westerhout and all these other people who are gonna be coming out, it's gonna be, you know, we have this assistant week thing where you give flowers and gifts to people that work for you. So he better get that ready,

because it's gonna be a whole week of administrative assistance against Donald Trump and testify against Donald Trump. All right? And then we go on. Can you imagine every day when that wooden door swings open and the jury gets to see somebody else walk? It's going to be like the Madame Tussauds Wax Museum. They're going to be like, wow, is that Rudy Giuliani? Is that Mike Pence? Is that Mark Meadows? Is that what Cassidy Hutchinson looks like in real life? Is that what Alyssa Griffith, the press secretary looks like? Is that what she looks like,

Hope Hicks? I always wanted to see what Hope Hicks looked like in person. Is that the former attorney general? Is that the former acting attorney general? Is that another former acting attorney general? Is that a third former acting attorney general? Because there was so much rotating group. Is that the secretary of state and defense? Is that the director of Homeland Security? I always wonder what Ken Cuccinelli looked like in person. Oh my God. Is that guy still a lawyer? This is what's gonna go on in the courtroom. Donald Trump is trying to avoid the inevitable.

And if he gets into the White House, he fires Jack Smith and terminates this prosecution. Yes, yes. There's no two ways around it. And he tries to do self-pardon and then we'll be tied up for three more years in the right-wing Supreme Court if that happens, trying to decide whether he can self-pardon or not. Don't let that happen. I'm going to closely follow right here in the MidasTouch network everything at the

intersection of law and politics like this filing. We have so much at the intersection of law and politics after four and a half years since we founded the show that we're bursting at the seams. It's spilling over and we had to form a new channel in collaboration with MidasTouch. Legal AF MTN for MidasTouch Network. Legal AF MTN. I'm curating it. I'm executive producing the channel, bringing you everything at the intersection of law and politics that you love. Find out what 40 million people a month already know, that Legal AF is the home of law and politics commentary and analysis like no other on YouTube. I defy you to find better, maybe equal, but not better.

And we got with this whole new channel, we're spreading our wings, new shows, new commentators, the commentators that you know and love from the Midas world. We're bringing them over from the Midas universe. Superheroes without capes. Like Karen Freeman at Niplo. Like Dina Dahl. Like the contributors to Mistrial. And we're doing a new show, you can't get anywhere else but Legal AF MTN. We're calling it Unprecedented, where we follow the United States Supreme Court from the first Monday in October all the way to the end.

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till my next exclusive content, like Unprecedented, over on Legal AF MTN channel, exclusive content, like unprecedented over on Legal AF MTN channel, this is Michael Popak and I'm reporting. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at LegalAFMTN. That's at LegalAFMTN.