Legal AF by MeidasTouch - Legal AF EMERGENCY PODCAST: DOJ BOMBSHELL Filing on the Trump Mar-a-Lago Search

Episode Date: September 1, 2022

On this special, “emergency” edition of LegalAF Midweek, the top-rated legal news podcast by MeidasTouch, Anchors Ben Meiselas (sitting in for Karen Friedman Agnifilo) and Michael Popok discuss last night’s DOJ 50+ page filing addressed to the Mar-a-Lago national security-related document search warrant, including photos, to convince the Florida Federal judge to deny Trump’s motion for a “special master,” and convince her of the strength of the criminal case against Trump while they are at it. Ben and Popok end the show with an update on the Fulton County (Atlanta) special grand jury, including the prosecutor’s arguments against Senator Graham’s refusal to testify, and the Chief Judge’s ruling concerning Governor Kemp and his testimony and timing. GET MEIDAS MERCH: https://store.meidastouch.com 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

The Department of Justice makes it move and responds with a bombshell filing to Donald Trump's made up motion for judicial oversight and additional relief in connection with the search warrant executed at Mar-a-Lago. You got Ben Myceles and Michael Popock because we got to bring you this emergency podcast to break down truly bombshell stuff that was in this department of justice filing and we'll also bring you a brief update on what's going on in Georgia in funny willises investigation out of the Fulton County special grand jury that's been in paneled for some time there Ben My Myceles, Michael Popock, together on this midweek, Karen and Nifalo, is doing well, don't worry everybody,

she just asked Ben, can you fill in for me? And I said, when there's some bombshell legal news, count me in, Michael Popock. Can I count you in? You can count me in. This is exactly what we hope for. This is exactly what we predicted and it's all Backfiring and I can't think of anybody who's more worthy of something backfiring in his face than Donald Trump and his legal team Right, so if you rewind popo the search warrant was actually signed by a magistrate judge

Judge Reinhart on August 5th. It was executed on August 8th. All of the proper procedures were filed. There was a probable cause determination made by the magistrate judge in the Southern district of Florida. The search was conducted. We of course know they found what they were looking for. They found the fruits of the crime top secret sensitive compartmental information, Donald Trump and his legal team do nothing for two weeks. If there's an emergency, what do we do as lawyers, Popoq, we file things immediately. So nothing they filed before Judge Reinhardt, they wait two weeks and then they file this motion for judicial oversight in another courtroom before a federal court in the Southern District of Florida. They happen to draw a Trump appointee from 2020, Judge Eileen Cannon.

Um, and Judge Eileen Cannon first, Ash Trump, hey, can you respond on that? Really sure what this motion is? Are you asking for a special master? Are you asking for an injunction? Because normally, when there's an injunction, there's affidavits, there's declarations, you have to show irreparable harm and a probability of success on the merits, like the standards Trump responded over the weekend to the surprise of most legal observers, you and me included. Judge Cannon goes, I'm inclined to a point a special master and we're like, what do you mean you're inclined to point a special master? But it's probably not even going to matter because we're now three weeks past the situation but after the search warrant and the government likely reviewed all these records right away. Of course, that is what they did.

The government asked for a to file an oversized brief of 40 pages, not the 20 page kind of standard page limit. And did they deliver pop up a 36 page take down with exhibits a through F exhibit F is a photograph of just some of the top secret sensitive compartmented information. They're redacted, but you see the colored covers that show these markings. And this is some of the most top secret stuff, Popoq, like all of the intelligence officials I spoke to said, look, if you want to review that type of document, you need to be in a sensitive, compartmented facility with someone observing no cell phones, no nothing, have the highest level of clearance.

And if you were to take that anywhere, you'd be like arrested immediately. And these documents were scattered all across Mara Lago. And so what this briefing, what this brief that was filed by the Department of Justice did and laid out the facts in ways that are far more detailed than we learned before. We know that there were hundreds of records that they received on August 8 in connection with the search warrant. We've learned more information about the affirmations under penalty of her jury that Trump's custodian of records and lawyer made on June 3rd saying that they had turned over all of the records, which they of course didn't because they were found on August 8th.

And what I've said on Twitter is you could literally copy and paste the facts, put that into an indictment and it's a slam dunk of a case against Donald Trump because you have all of the elements. I mean, he concealed it, he hit it, he obstructed it, they lay out. And by the way, all the time Trump goes to social media, he's basically admitting to it. He's saying why is the FBI and DOJ taking these records and just taking photographs of my documents? And as the DOJ points out in their filing, these are in your documents, you have no privilege. You're not the president anymore. You have no possessory interest to get these documents back. You don't own these documents. They're not yours. They're national secrets of this country. And that was their main legal

arguments against the special master against the injunction with the overall point being standing, which is people who don't own the records can't ask for the records back. You can't ask popaki. I can say, Hey, I would like that house behind you, Michael POPOC. Can I have it? No, it's not mine. And it's the same thing. Donald Trump can't ask for documents that not that aren't as so that's my big takeaways. POPOC, what are some of your big takeaways from this motion that was mild? Exactly what you and I predicted. Abstruction is the major focus of the investigation, which solves a lot of the Department of Justice's problems

before the judge, because if the obstruction is what the focus of the criminal investigation is, and all of the statutes that, criminal statutes that are implicated by obstruction, then whenever Trump says something like, they're classified, they're, they're, they're executive privilege documents or attorney client privilege documents. No, they're not. And even if they were, they're the fruits of crime. They're the evidence of a crime that we're

investigating, and we need them back. So they, they outthought, not a hard thing to do. They outthought the half-baked gestures of the lawyers around Trump. Let me talk about that for a minute. Seasoned attorneys who practice federal criminal defense would not be making the mistakes and errors that this patched together, a band of merry lawyers are doing for Trump. It's no surprise because nobody worth their salt wants to represent him. Even the federal former federal prosecutors don't have the experience required to know that when they implement a strategy, like let's demand that the entire affidavit be released, which you and I said was a terrible idea for Trump, because it was only going to

strengthen the Department of Justice's hands by revealing more information to the public, to future judges, and to future jurors about the goods that they had on Donald Trump. We thought that was a terrible idea, and it is, and it was. We also said in prior podcast, we just said it last week, and it is a terrible idea to file this bomb, what he called, it's going to be a big motion. I'm going to file. Okay. It's a terrible half baked, it's not even baked.

It's batter theory that if they charge into court asking for a special master, the tide is going to turn for them and give them enough time while they scramble to fight try to find a defense to what they know is occurred here, which is Donald Trump having taken and retained and mishandled documents that don't belong to him that belong to the US government and that are national defense documents. So they're scrambling to buy time, but in the worst way possible because you and I both said that by filing this motion, all it's going to do is either have a judge have to have to reveal information or the special master that we're ultimately pointed about what exactly catalogued was classified national

defense material and what wasn't, which is not a good day for Donald Trump. Or in this case, it was going to lead to the Department of Justice saying, great, you want us to give you more, we'll give you in total 54 pages more of detail so that to justify our why we did the search warrant and why we did the knock and no announce raid, and I'm calling it a raid. I don't care at Mar-a-Lago to grab those documents. When I saw Ben exhibit F, which we jumped about at the top of the podcast, it looked like a classic drug bust prosecution where they lay out on the table all the kilos of illegal drugs and take pictures of it. This is what happened. And this is what we know now happened in the sequence of events, which is all terrible

for Donald Trump. It lays out, as you said, the criminal case against him. They turned over, you know, not, not voluntarily, but the Trump organization turned over in January 15 boxes and basically said, we're done. That's all the information that we have. That's all the boxes that we took with us. That's all the presidential records that the national archive is required. The FBI in the Department of Justice knew better from cooperating witnesses that there were still boxes and documents sitting somewhere in Mar-a-Lago and that Trump had told an untruth, and told a lie when he delivered the 15 boxes in January. We now fast forward to the Department of Justice using a grand jury's subpoena, which we don't talk about as much, to try to get all

classified information from Donald Trump. So there was exit ramped, number two for Donald Trump, to avoid criminal prosecution All he had to do in response to the subpoena grand jury subpoena was turn over the classified information and he'd be done Well, he turned over through Christina Bob his lawyer and other lawyers. He he Eric Corcoran he turned over Documents that he claimed represented the complete universe of all classified information that he had. They put it in a big, what we call in the business, a big red folder.

They taped it up on all four sides. They marked it up and they handed it to the head of counterintelligence for the Department of Justice and said, we're done. We did our diligent search and here's what we found. We found these 50 documents and we've sealed them and we're handing them to you. Yes, it will sign a receipt. So Christina Bob, who's not mentioned by name, she's, they, they, they kindly redacted her name in the recent filing, but we know it's her from other reporting. She signs, she signs at affidavit that says they, they completed their, their due diligence, that everything was located in this storage room, whatever that is at Mar-a-Lago, which

the FBI and the Department of Justice knew about along with the national archives from prior negotiations. Don't worry, we went into the storage room. We found these 50 pages of documents. We've sealed them and turned them over and we're certifying it. What they didn't know, what the Trump lawyers didn't know is that at that very moment, the Department of Justice and the FBI already had cooperating witnesses that had told them that the affidavit of the certificate by Christina Bob was a lie, that there was documents that were in other parts of the house.

This is the reason the subpoena scope included the Pine Hall, the office of 45 and other places because that was a lie. And the FBI already had other witnesses that confirmed that confidential information was in other places in Mar-a-Lago, including in the personal office, even in the desk drawer of Donald Trump.

So listen, you're lying to the federal government. That's also a crime. So that was the go moment you and I talked about for them to go into the federal match straight and say, we've been lied to. We've been told that there's been a complete search of a storage room, a storage room, by the way, in the recent filing by the Department of Justice, they say that the president's lawyers refuse to allow the FBI to go into confirm that that was the extent of the classified information or even look in the boxes that they claim that they had looked at, which also,

of course, put up a big red flag for the FBI that they're being denied that ability to confirm. So they went to the magistrate. Now what they have determined from the August 8th, Mar-a-Lago search warrant execution, is that there were three times as many classified documents, some of which are seen in exhibit F. Salty, our producer, will put it up on the screen. Some of it coming from three of those documents stuffed into the desk drawer of Donald Trump himself, which answers the

question, why did they take the passports? Because there's a concept in search and seizure law that says that if there is material that is not subject to the search warrant, that is commingled with with information or data that they're looking for to the search warrant, that is commingled with information or data that they're looking for by the search warrant, they can take that on a reasonable good faith basis as well. So these passports were sitting on or near the confidential information that was shoved into Donald Trump's desk drawer. So we now have in 36 pages of briefing and another 18 pages of attachments.

We now have the full opportunity, the Department of Justice must be pouting themselves on the back, they think that Trump's lawyers, as incompetent as they are, the gang that can't shoot straight, has opened the door and allowed them to make this basically presentation of everything that they have right now, both to judge canon and more importantly to the American public independent voters, future jurors and judges. So I thought it was a remarkable gift that the inexperienced Trump lawyers have provided to the Department of Justice who is more than willing to take it. And one last thing then, I do not believe it will help Trump a wit because he just hired governor to Santis' former or current attorney general to join

the team or to be the lead lawyer Chris, Chris Kice. Chris Kice is a well-known guy in Florida. He sits in Tallahassee, a well-known guy in Florida. He sits in Tallahassee, the seat of the government in Florida. He's primarily an administrative law guy, not a federal criminal law guy. It's like doctors, you don't go to your heart surgeon when you have an orthopedic shoulder problem. And you don't go, nobody goes to Chris Kice because they're staring down the barrel of a sophisticated federal criminal prosecution. So it's again, it's just window dressing, you know, changing lawyers like he changes his underwear

that Trump's trying to do to shuffle the deck here. But the reality is this lawyers in a pickle now, rightly so, because of the actions of all the other prior lawyers, including Christine of Bob, who I think could also be prosecuted related to the lie that she told in the affidavit that she filed or gave to the FBI about the, the diligent search. They found three times as much classified information once they did the search without being obstructed by Trump and his lawyers, as was provided to them in June. A few finer points I want to put on what you said, Pope,

first, with respect to the combingling of top secret documents and the past sports and other personal belongings, the reason that you have that concept of the search and seizure encompassing all of those documents is because that shows intent. It shows concealment. It shows that the individual had issue who wasn't supposed to have the property stole it because why else would you put it with your own personal property? So that's why that is irrelevant, that is relevant as a factor. The next point is any person who would be advising Trump competently or just any person in a position defending someone charged with serious crimes at the stage would tell him, you know, that right to remain silent.

There's a reason for that right. And take that right, a value yourself of the right because the more you say, Ken and will be used against you. And this is just a prime example of that. And I'm glad in this case, it is being used against him, but he's out there making statements, frankly, two courts about this property saying things like these were documents created at the time

he was the president or documents that involve presidential records, which in many ways are admissions because he acts like he's a king. He acts like he's an emperor. And he's admitting that he took the documents in the filings themselves, which is utterly preposterous and absurd. You know, the other point Popeyec you make is that there's a clear case of obstruction, right? But we need to peel a back a second and go, well, why do criminals obstruct?

It's not just that criminals obstruct because they don't like to comply. It's because they're trying to hide something and conceal another crime. And oftentimes the obstruction prevents the government from identifying the other crime. But guess what? That's why the obstruction penalty is 20 years because you're not allowed to obstruct the other crimes. So a lot of the other things that we, I think, will be finding out as well as throughout all of these efforts, Trump wouldn't give up certain subsets of documents that he stole

and didn't belong to him. You know, we're hearing some reports that there could be compromise on like the president of France. We're hearing that there are other top secret documents that could involve our troops abroad and movements and a lot of other stuff that could affect national security. There's been a lot of reporters who have went back to some of these reports earlier when the CIA was worried

about a lot of spies and agents for America abroad who were getting killed. And they haven't specifically made that link there, but you have to wonder what's in these documents that he was taking he wasn't parting with that didn't belong to him. And he has a history and a tendency of misusing and misappropriating documents or bad things. Let me, that's you're exactly right. And let's take a one step further. The director of national intelligence has already gone on record this past week, along with the Senate Intelligence Committee that have ordered her to review everything that

was obtained and wrongfully stored and held at Mar-a-Lago and review it from a national intelligence assessment to determine how or if our national intelligence, our national defense has been compromised by having these documents in an unsecured place with this president of this former president of the United States. And she is undergoing as we speak, just as we said last week, that we were sure and we were right that the Department of Justice and the FBI were done with their search, their review of all the documents. Now, the director of national intelligence for the United States is now have to provide an assessment, a confidential assessment, as to whether she thinks there's been a compromise

of our national defense. If there's been a compromise of clandestine operations, putting lives in harm's way, as you as you said, this could get people killed that are cooperating, you know, human assets that are cooperating, foreign surveillance assets that are helping the United States, even with its allies, which is part of that process. So that is going on right now. As you said, it could be obstruction related to a other crime. It could certainly be what they're focused on here as well, which is obstruction related

to not turning over these documents and hiding the fact that they had that he had not turned over all of these documents. Sometimes it's not the crime. It's the cover up and the cover up here is he slow played turning over documents and lied to the FBI's face about that. He had turned over all the documents when they knew from cooperating witnesses who I assume a one day be identified if it ever goes to trial or through the grand jury process who cooperated the FBI and said, no, the boss has a menist desk, the boss has them in other rooms other than the storage room, looking pine haul, looking

as bedroom, looking as safe. That's where other documents are. And once the FBI had that information, that was enough for them to go in. The fourth amendment arguments, I think fail, this DOJ is going to have to teach this very young federal judge who did not have an elaborate federal white collar practice at all before she took the bench under Trump. They're going to have to school her and teach her about the Fourth Amendment and the jurisdiction that she does or does not have related to the Fourth Amendment search and seizure arguments that Trump has raised.

They've already told her you don't have the jurisdiction to determine these things at this moment. This is a application of a search warrant, and that's left for another day. That's the first thing they're telling her. As the executive privilege, they have told her in the briefing so far that the application up, let's remember, the Department of Justice is part of the executive branch. Some people forget that because it says, oh, they're involved with the law must be in the

judiciary side. They're on the executive side and a former president trying to assert executive privilege against another component of the, of the same side of the branch of government, the executive branch. Does it fly? Does it fly? Right? I know you're laughing, but that's what he's trying to do of the branch of government, the executive branch, doesn't fly, doesn't fly, right? I know you're laughing, but that's what he's trying to do in the Department of Justice called him out on it and they're filing and also said, and if you had any issues with this judge, it's been resolved in the 1970s by Nixon versus the GSA. And so that's the, that case is already

said executive to executive. You can't't assert executive privilege and certainly former F. Otis can't assert executive privilege. So this is his worst nightmare. He'll be whistling in the graveyard with his tweets and his while he doesn't tweet anymore. His social truths that you said rightly so he should be quiet. But his lawyers can't control him. He doesn't hire lawyers that he respects that will take their advice about get off a social media. It's not helping you. You're in harm's way. You're eriling yourself. You're jeopardizing yourself from a criminal standpoint.

He won't listen to them, which is a gift again to the prosecutors at every level. So the Department of Justice must have at one moment been salivating when he filed this motion because they knew and even when the judge issued basically what you in California call a tentative ruling where she said, well, I've read their papers and I'm sort of leaning in their direction, which is actually in retrospect, may not have been a bad thing because it allowed the Department of Justice to get more pages to file and a really elaborate, you know, they

said, we got to really blow her off the ball. We got a really come in heavy here against, against Donald Trump and put it all on the table as much as we can right now. Now is our opportunity with a hearing on September 1st tomorrow, which of course, we'll end up reporting on the weekend edition. Absolutely. And two other things I want to point out. So before the filing by the Department of Justice, to your point of trying to educate this young judge who doesn't have a white collar practice, she wasn't even a partner at the

law firm that she was associated with, which was a very good law firm, a group of bipartisan former federal prosecutors submitted an amicus puree, a friend of the court brief, which we normally see to the Supreme Court. I haven't really seen many of them, although you see sometimes in very, in very significant district court cases, but the fact that this group of prosecutors literally tried to teach her what the law is to say, what are you doing? There is no grounds at all for a special master here. Including two former Republican governors, Christine Todd Whitman and Bill Well, that a Massachusetts. Right. So that was filed first. And then finally, on the point of the special master, one of the things that was pointed out by the DOJ is that the Department of Justice and the FBI

have already reviewed all of the records. So all of these issues are moved. There was a filter team that was put in place pursuant to the protocol set forth in the search warrant, which were not objected to by Trump. One of the things the DOJ pointed out was actually the search warrant of Michael Cohen, where they said, look, Cohen went into court immediately and asked for a special master on day two or day three. Trump waited weeks and weeks and weeks, which only any two and he has an opportunity to use that there's, which shows that there's no irreparable harm.

And one of the other things the government says is, so we don't need a special master. The filter team's done their work already. And it's done. And also the appointment of a special master is something that's done in equity. And to be equitable, you have to follow the law. So Donald Trump's stealing records and then going to the court and invoking equitable jurisdiction is beyond foolish. The DOJ. So on so on that one on that on that one point because I don't know I'm not sure we talked about this in eighty eight podcasts. So I'll do it in one minute. Courts used to be divided into courts of law and courts of equity. Some courts in the

country still are Delaware being one of the rare exceptions. But back in the day, there were you would run to courts of law if you wanted money damages, you would run to courts of equity. If you wanted something short of money damages, like an injunction, a special master being appointed, that kind of thing. They've all been merged together. Most courts today, federal and state are both, the judge is both a judge of equity and a judge of law. But as to your point, what you just said is right, point a judge of equity, you're going to ask for equity, you've got to come to the court with what's called unclean hand. Sorry, with clean hands with clean hands, you can't have unclean hands. And who has more unclean and bloody hands than Donald Trump. So equity should be denied him a request

for a special master. But I'm not sure it gets that far. I think you and I are going to be watching the results of this hearing on on September 1st. I'll make a prediction. I want to hear yours, even though she's an experience, even though she was appointed by Trump, I think given the array of parties and amicus briefs, the Department of Justice best work, the, the the mound of law and evidence has now been provided to her. I think even she is going to find that this whatever the relief is the Trump is asking for that she will deny it. What do you think? Oh, I think that she will probably deny it as moot in any event. The relief being sought by Trump is irrelevant at the stage.

She may throw them a bone because there's a separate set of documents that were potentially privileged as attorney-client privilege, which there would be a valid claim to do a privilege review of those records. But the Department of Justice set out the protocol where Trump's lawyers can deal with those privileged documents. So as it relates to those small group of records, I think there may be some new on there, but it has no impact on anything at all. I want to talk briefly about what's going on in Georgia, pop up before we wrap up this shorter edition of legal AF, but wanted to make sure we had this emergency addition

to address that bomb shell filing. I want to tell everyone though who's watching to go to store. Mightestouch.com that's store. Mightestouch.com get the best pro democracy gear out there. We've got the Roe Vembrot T shirts, a best seller, the row, row, row, your vote T shirts, another best seller and a one very relevant to our topics, convict 45 or convict 45, another best seller go to store dot mightisthuch.com and make sure that you are subscribing to legal AF on both YouTube hit the subscribe button now and on audio. So for the YouTube listeners,

do me this favor. Go to the audio search legal AF and make sure you hit the subscribe button right now on legal AF to the audio listeners head to the mightest touch YouTube. Just search mightest touch on YouTube hit the subscribe so you can stay well informed on all legal AF happenings are live hits and more. Finally, Michael Popeye, give us a brief breakdown of what's going on with Governor Brian Kemp, Lindsey Graham, the Fony Willis special grand jury that's investigating Donald Trump's election interference in Georgia. What's the update there? All right. Thanks, Ben. So just a recall, Lindsey Graham, there is no dispute that Lindsey Graham in December after the election made a series of phone calls to Brad Raffinsburg or the Secretary of State of Georgia and others

there where he and this is according to Raffaffins burger having already testified both of the Jan 6th committee and with Bonnie Willis a special grand jury that he said to Raffins burger about mail-in ballots in Georgia. Can't they be thrown out? Can't they be disqualified, which would help president, then president Trump be elected? No question about from the Raffins burger side of the phone elected. No question about from the Raffensburgers side of the phone conversation. No question about what was what was said on the phone call. Graham hasn't really publicly denied the phone call, but has claimed that he cannot be questioned by way of a special grand jury or

otherwise, because he's completely immune from such questioning under the speech and debate clause of the US Constitution, which only applies to legislative acts generally on the House or Senate floor, not fact-finding phone calls or attempts to interfere with elections, especially in a state that you're not the Senator from, which in this case is Georgia. So that's the issue, the original, the judge, the trial judge in the issue after, after Graham ran to federal court judge, May, a Obama appointee said in her ruling, I don't see the application of speech and debate clause. The questions that'll be asked of you

are about your phone call, which are allegedly are the interference with Georgia election process. And you're attempt to throw out mail-in ballots. I can't see how speech and debate would protect your phone call, which are allegedly are the interference with Georgia election process, and you're attempt to throw out mail-in ballots. I can't see how speech and debate would protect you from that. Answer the questions. He ran then to the 11th Circuit, which sits over Georgia, and he got the appellate court, not to rule in his favor, per se, but to throw it back to Judge May with instructions that she's to conduct further hearings or briefing on the

issue of whether any aspect of what he's being asked would implicate the speech into Bay clause. They didn't think that in her transcript of her hearing, she had sufficiently sussed out the if there were, if there were going to be any opportunities for him to apply the speech into Bay clause. So Graham took the opportunity and another brief to basically go all in and say to the judge, May, there's nothing that I can be asked by the special grand jury, even about phone calls that I made that wouldn't be covered by speech and debate wouldn't be legislative. So Fawni Willis got to file on Tuesday and her office got to file on Tuesday, an elaborate brief that basically called it, called

Brinds, Lindsey Graham's position, a charade, that it was just a repeat of his prior arguments that, that did not prevail and that he had provided no further law or facts that would indicate that his phone call to the Raffinsburgers of the world would be covered by speech and debate protection. And they went further. They said it is obvious from his public statements and from his history that's in the media that Lindsey Graham has a political entanglement. That's the words Ben that the funny Willis's office used a political entanglement with Donald

Trump. And all he's trying to do now is do political things to curry favor with Donald Trump, having nothing to do with legislative process when he's a when he's a senator sitting in the Senate chamber. So they and pointed out that he had offered nothing new in his briefing that would suggest that that the speech speech and debate clause would cover him. So now that's back in front of judge May, I expect your ruling, I expect Lindsey Graham to try to appeal it again back to the 11th circuit and that eventually and probably after the midterms, Lindsey Graham is ultimately going to be testifying about those phone calls. Similarly, we talked in the past about this supervising chief judge of Fulton County,

Judge McBerney, who sits above Fawni Willis, and to whom when you have a problem with the grand jury process, you are to first go to rather than a federal judge. And McBerney had in front of him a objection to the current governor of Georgia, Brian Kemp, who's up for reelection in November. He objected to testifying about the phone calls that he had with Lindsey Graham, Donald Trump, and people in Trump's inner circle about the election, again, election interference under the parlance of the prosecution. He did not want to testify to that, citing all sorts of other privileges. And McBerney true to form because he's already been on record three times as saying, I am not

going to let the special grand jury impact the upcoming election. He said last week that it is likely that the report that is that comes out of the special grand jury, even if it's ready on the eve of November, it's not going to be, he's not going to allow it to be in October or November surprise. He's going to roll it over until after the election. So we're not going to know the result of the special, the special grand jury. And having already ruled that way, now McBerney has said, there's no harm, no foul then, to have camp testify.

He ordered him to testify. But after his election cycle in November. So we're so, so camp is going to testify the governor, but it's going to be after he's either reelected or he loses the Stacey Abrams, which is of course our choice, our hope. But that's going to happen after that. So that's where we are with Lindsey Graham, and that's where we are with the current state of affairs in in fault county. Michael Popack, what a great update and it's great doing this midweek legal AF with you. I'm excited to share more updates as we get them for the weekend edition, but this is bombshell as it gets people. It's been such an honor being able to

provide these updates since the beginning of legal aethan. You go back and you follow what we've been doing on the show that led up to this moment and what we'll be continuing into the future. which will be continuing into the future, the tapestry, the intelligence, you know, there's this art and, you know, and beauty in our justice system when it works. And when it's used and the machinery of it is turned against us, as Trump has used it for those four years where he disgraced our nation, you see how problematic it can be, but how powerful of a tool it is. And that's why despots and dictators, they see that power and they want to use it for bad, but we'll keep everybody updated on what's going on.

Popeye great spending this midweek edition with you. Everybody check out store. MidasTouch.com now store. MidasTouch.com. Make sure you hit the subscribe on YouTube, the subscribe on audio, audio listeners, subscribe to YouTube, YouTube listeners, subscribe on audio, leave a five star review on the audio podcast charts that helps with the legal AF algorithm. That's one of the ways you help out. Popo can I spend a lot of time prepping. We spend a lot of time watching, but just spend those three minutes doing that. It will go a long way

for our show. This has been Myceles and Michael Popak Delivering, the most consequential legal news of the week, of the year, of history at this point. See you next time on Legal AF. Shout out to the Midas Mighty. you