Legal AF by MeidasTouch - Prosecutors DROP BOMBSHELL with Trump’s SECRET PHONE

Episode Date: October 4, 2024

The DOJ has Trump’s phone (!) and are going to use the FBI experts to testify against him about just what he was looking st and whom he was communicating with on Jan6, in DC Election Interference criminal case. Michael Popok does another deep cut into the newly released Jack Smith 165 page presentation of evidence against Trump to find things that matter in his latest hot take. Qualia NAD+: boost YOUR NAD+ levels up to 50%, Go to https://qualialife.com/LAW for up to 50% off and use code LAW at checkout for an additional 15% off. 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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And hits like Dexter. You're decent and good. I'm not. Paramount Plus, your eyeballs equals entertainment. Stream Paramount Plus from 6.99 a month. After decades of shaky hands caused by debilitating tremors, Sunnybrook was the only hospital in Canada who could provide Andy with something special.

Three neurosurgeons, two scientists, one movement disorders coordinator, 58 answered questions, two focused ultrasound procedures, one specially developed helmet, thousands of high intensity focused ultrasound waves, zero incisions, and that very same day, two steady hands. From innovation to action, Sunnybrook is special. Learn more at sunnybrook.ca slash special. This is Michael Popak, legal AF with a deep cut of Jack Smith's now public evidence airing against Donald Trump in the DC election interference case.

He's got a, Donald Trump's got to worry about two major things, two out of about a hundred. One, Dan Scavino cooperating against him and testifying against him. At court, Dan Scavino, his longtime aide. So he's known him since he was a teenager. He was the ghostwriter of many of the mean tweets in charge of social media.

And wait till I tell you what's in as evidence of the new brief and filing. And the second thing that Donald Trump's gotta worry about is the use of forensic examination evidence of his cell phone and his records to establish criminal intent by Donald Trump. Yes, yes, the special prosecutor special counsel

has revealed that they will have a forensic expert, a technical expert who's examined the phones for Donald Trump and will reveal key evidence which will piece together and carry the prosecutor's burden to prove beyond a reasonable doubt that Donald Trump is responsible for at least three conspiracies and has committed four crimes against the American people.

That's one of many takeaways on my deep cut of Jack Smith's filing of doing here for legal AF. Let's talk about the sexy part first. Forensic examination. What am I talking about? Buried, but not to me, therefore not to you, on page 161 of the 165 pages. That's why I love doing deep dives.

Under the topic, under the header, Trump's use of Twitter and television on Jan 6th. What are they talking about there? Well, we all know that Donald Trump was watching TV in the White House dining room adjacent to the Oval Office instead of doing his job of trying to stop the riot. You don't want to stop the riot, he had just started the riot. It's like asking an arsonist to put out his own fire. He didn't want to do that. That was the last gasp want to stop the riot. He just started the riot. It's like asking an arsonist to put out his own fire.

He didn't want to do that. That was the last gasp effort to stop the peaceful transfer of power. He whipped that crowd up into a frenzy. He knew they were armed and dangerous. He asked for the magnetometers to be dropped because he wasn't worried about them injuring him. They loved him. And then he whipped them up, fomented discontent

and the rabble and fired them, fired them like a weapon at the Capitol. And then sat in the dining room for almost three hours, despite being exhortations of his aides running in there, including Dan Scavino, who I'll talk about next, imploring him. The Capitol was on fire. Mike Pence was hiding for his life. So were elected officials.

And Donald Trump, in a lackadaisical, so what atmosphere? So what? Mike Pence deserves to be hiding for his life. Who cares? Who cares? He already knew at that time, or should have known, there was at least one dead Capitol police officer, and one dead other person. Who cares? Donald Trump. What me worry? Fiddling while the Capitol burned. And now the government is not just going to use the testimony of Dan Scavino and dozens of other aides around Donald Trump, including Alyssa Griffith and other press secretaries who ran

in there to make him do something. Pat Cipollone, the White House general counsel, the deputy White House general counsel, Pat Philbin and others all trying to get Donald Trump to stop and give out an order, a command as commander in chief to send in the National Guard to stop the protest, to stop the riot and the siege and he wouldn't do it. Now we've got what will be listed as a person's name, comma, forensic examiner. It'll seem relatively mild manner, but I assure you it will blow the roof off of that courthouse when he testifies.

Here's what we know about it from the summary of what the government has in store for Donald Trump starting on page 161 of their brief. Don't be fooled by where it is. Jack Smith as an amazing advocate, I'm sure practices what I practice in my advocacy in writing and on my feet in court. We call it primacy and recency.

The first argument they make is the one they want the jury to remember and the last argument they make. Primacy first, recency the most recent. This is recency. This is the last four pages of the brief. Forensic evidence from the defendant's iPhone, page 161. That means Trump's iPhone is in the hands of the government and it's been examined forensically by software

and human beings to get to the bottom of where it was, what he was looking at, what he was watching Trump at any given moment at any given time, who he was texting, who he was calling. Remember, they already have the corroborating side. They subpoenaed successfully and obtained all his Twitter and his direct messages on Twitter and his drafts on Twitter. Now they got the phone.

And here's what it says, forensic evidence from Trump's iPhone and observations by witnesses. That's all the aides and lawyers that ran in to implore him to do the right thing. Otherwise testifying about unofficial acts will establish that upon his return from the speech at the ellipse, throughout the afternoon on January 6th, Trump sat in the dining room by the Oval Office where he used his phone to review Twitter and watch the television which was tuned on and displaying news coverage of the riot at the Capitol. Alright, rather than doing anything he was scrolling through his Twitter and watching the mayhem and the carnage at the Capitol, not doing a darn thing. As explained in the government's expert

notice, this is reminding everybody the government already put the defendant Trump on notice about the use of an FBI expert, they're going to use an FBI computer analysis response team. The government is going to use an FBI computer analysis response team. The CART, the CART is coming in. And a member of that team can testify as to the news and social media applications downloaded on the defendant's phone. What was Trump looking at? Which websites? Which news sites? Was he looking at Midas Touch? Was he looking at Legal AF at the time? Or was he looking at MAGA and Steve Bannon sites and alt-right sites and all of that. How is he getting his news? The phones and this future examiner, this future expert from the CART, the Computer Analysis Response Team for the FBI, can describe the activity occurring on

the phone throughout the afternoon of January 6th. Let's hope it's just politics that he was looking at. The phone's activity logs show that the defendant Trump was using his phone and in particular using the Twitter application consistently throughout the day after he returned from the ellipse speech. In addition, they list other people, other aides of Donald Trump, including Dan Scavino, are otherwise expected to testify about Trump's unofficial acts, again, not subject to immunity. They will offer their objective observation. These are cooperating witnesses, at least three of them now listed on page 162. They will offer their objective observation that during the afternoon of January 6th, this is after the speech, this is when the pitch battle for the soul of America is being

waged by outmatched Capitol and Metro police on one side and barbaric supporters of Donald Trump on the other. The television, they'll say that the television in Trump's dining room where he spent the day was on and turned into news programs that were covering in real time the ongoing events at the Capitol. This goes to mens rea and depravity and callousness by Donald Trump. In turn, the government will introduce the authenticated coverage showing what Fox News was playing in real time while the defendant sat in the dining room with the television

on. The evidence is particularly relevant to the defendant's knowledge, Trump's knowledge, at the time he issued his 2.24 p.m. tweet, which as described above was unofficial. And that was the one that said, your election has been stolen from you. You have every right to riot or words to those effect. None of this evidence involves testimony about an act by Trump at all. And it shows what social media and news the defendant privately reviewed in service of issuing a private tweet.

The government will not elicit testimony from the defendant's staffers about his official deliberations, reactions to social media or television, or official actions taken in response. The defendant's review of social media and television news under these particular circumstances was no different than that of any citizen or candidate and therefore was unofficial. Bad news, it's going to be a big day when that expert for the FBI testifies about what Donald Trump was looking at. This is only the beginning. This episode is sponsored by Qualia NAD+. Have you heard about NAD+, it's a molecule in every cell of your body and it's

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Dan Scavino is also Donald Trump's worst nightmare. He's again an aide. He's known since he was he was in his teens at Mar-a-Lago, followed him to the White House. Ultimately, he was in charge of social media, meaning when Donald Trump wasn't mean tweeting at all, caps, all times in the morning, it was Dan Scavino. And here's what they said about Dan Scavino, who if by the way you go on his social media account, we might put this up in B-roll so to speak, you go on his social media account, he still looks like complete MAGA. It's Donald Trump is great and Kamala Harris is not and comrade Kamala and Kamabala and

all this other stuff. And like he's still, you know, he still did not swallow the blue pill. He's still in the matrix and he's still a cult follower of Donald Trump, but he's also going to have to cooperate because he's given testimony already to the department of justice and he will take the stand and if he deviates from it, or if he deviates from his sworn testimony under oath, they will charge him with lying to a federal officer and for perjury. So, we got that going for him. Let's look at what they say about Dan Scavino. Instead of marching with his supporters as he said he would, Trump returned to the White House. This

is the afternoon of late morning of Jan 6. He went to the dining room next to the Oval Office and began to watch television coverage of the events of the Capitol. Although the government does not intend to use at trial evidence of defendants' discussions with White House staff during this period, it provides necessary context. When news broke that rioters had breached the Capitol, the defendants' advisors, including Deputy White House Counsel, I think that's Pat Philbin, and P9, who I think is Scavino, urged the defendant to issue a calming message and make efforts to stop the riot. The defendant refused, responding to the cap that the people at the Capitol were angry because the election had been stolen. Eventually all of the defendant staffers left him alone in the dining room. Fox News continued to report on the growing crisis in the Capitol.

It was at this point alone watching news in real time and with knowledge that rioters had breached the Capitol building that the defendant issued the 2-24 tweet attacking Pence for refusing the defendants and treaties to join the conspiracy and help overturn the results of the election. One minute later, one minute later, the Secret Service was forced to evacuate Pence to a secure location in the Capitol because of the tweet. This was roughly 90 minutes after Pence had announced publicly that he would not act unlawfully to overturn the election. So anytime, this Mike Dan Scavino, who's already we know from prior reporting, is going to

testify that he went to Donald Trump and said, the Capitol is on fire, that is your legacy, do something about it. Only you can do something about it. And then instead of doing that, he did issue a tweet at 2.24 p.m., the one I just read to you, excoriating Mike Pence, telling the rioters that they were doing the right thing because they felt understandably, he was empathizing with them, felt understandably like wronged by the election. And that was so bad that Pat Cipollone, the White House counsel, Pat Philp, the deputy White House counsel and others went running to ring the neck of Dan Scavino because they thought he had posted that.

And he said, don't blame me. I didn't do it. Trump did it. This is the type of evidence against Donald Trump that's going to rock his world. Forget all this stuff he's trying to do now. Try to win a campaign. If he loses that campaign, which is likely, and isn't able to dismiss and fire Jack Smith to avoid this trial, and isn't able to self-pardon himself, and Kamala Harris becomes Madam President and not issuing a pardon, this is what a six-month

trial against Donald Trump looks like, including forensic experts testifying against him having examined his phone from the FBI. We're going to continue to follow, continue to do more deep cuts about the Jack Smith now public filing, the 165 pages and what I picked from it that I think seemed interesting to you here on Legal AF and on the Midas Touch Network. We got so much to talk about at the intersection of law and politics that after four years of founding Legal AF, we're gonna form a new channel collaboration with the Midas Touch Network. We gave birth to a new channel, Legal AFMTN for Midas Touch Network.

Free subscribe, help us get to 200,000 subscribers in our first month before Halloween. You can only do it with your help, with your community. Another pro-democracy channel for you to help build. You may have missed the first three million on the Midas Touch Network. Here's your chance to build this new network. I'll be curating it at the intersection of law and politics

and you'll find out what 40 million people a month already know, that Legal AF is the home of law and politics analysis and commentary like no other, including new shows you can only find on Legal AF MTN called Unprecedented, where once a week we do a deep dive and examination like this into the United States Supreme Court at every level, top to bottom, side to side, ethics breaches, leaks, the actual opinions and oral arguments, things that are coming up next, how the judges are evolving before our very eyes, moving into three different camps of right, right, maga,

center, left, center, right, progressive, and the rest. And what happens when, hopefully during this term, we can only hope with Madam President Kamala Harris, which seat she'll be able to replace. Almost all presidents get at least one if not two seats during their tenure. Let's hope that happens here. We move that court back to a five to four on the Democratic progressive side. So until my next hot take, until my next new content, only on where? Legal AF MTN. Free subscribe. This is Michael Popak and I'm reporting.

In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. This is Michael Popak and I'm reporting.