Legal AF by MeidasTouch - Prosecutors OUTMANEUVER Trump to FINALLY RELEASE Report

Episode Date: January 13, 2025

In breaking news over the weekend, Special Counsel Jack Smith still lives, and his colleagues are taking on Judge Cannon to tell her that she has no jurisdiction to continue to block the release to the public of the Special Counsel’s DC Election interference final report and that there is nothing in that report that substantive bears on any case that used to be in front of her involving classified documents and Mar a Lago. Michael Popok ties together 4 different filings in the matter and predicts when the public will finally get the report! #FreetheReport Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. 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 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

Judge Eileen Cannon down in Florida, she won't quit in her efforts to try to interfere with the Department of Justice and their release to the public of Volume One of Jack Smith's special counsel report, which we believe should come out today or tomorrow. She won't quit, but neither will Jack Smith, even though he just did quit. He did lateral it off to the Department of Justice in Washington and to the U.S. Attorney's Office in Florida, and they have filed a new response as required by Judge Cannon to tell her in no uncertain terms that there is no substantive part, substantive part about Volume 1 that implicates any of her jurisdiction or any of the defendants that one day could be before her. Release the report.

I'm Michael Popock. You're on the Midas Touch Network and on Legal AF. I just had my cup of any of the defendants that one day could be before her. Release the report. I'm Michael Popock. You're on the Midas Touch Network and on Legal AF. I just had my cup of coffee and I'm ready to dive into about three or four different pieces of paper, starting with an order late yesterday by Judge Cannon who just won't quit, but rock meet hard place

in the form of Department of Justice. Let's start with how we got here. We have a paperless order. What else? You know, I think on Eileen Cannon's tombstone, it's going to say, here lies Eileen Cannon. Paperless order to follow. Here's what this paperless order had to say. It says, as to Waltine Nauta and Carlos de Alviera, those are the proxies for Donald Trump.

They're the co-conspirators still left in the case at the Mar-a-Lago matter. On or before 10 a.m. on Sunday, the United States shall file a supplement to its opposition paper regarding defendants' joint motion for further stay. In other words, procedurally, Nauda and D'Alviera, really Trump, wanted the judge to extend her 72-hour stay to continue to block the release of Volume One, which has nothing to do with her. It has to do with the DC election interference case

in front of Judge Chutkin, and for which she has no jurisdiction as a trial judge because the case is up on appeal, the jurisdiction lies with the appellate court. Hold that for a minute. But that's what she's asking them to supplement, the government's opposition to the further block of the release of volume one to the public.

And we're up against the clock here, right? The end of the line is January 20th at 12 o'clock. And we're up against the clock here, right? The end of the line is January 20th at 12 o'clock. We've got to hurry up with these things, and that's why this is such a fast-moving story. The judge ordered the Department of Justice late yesterday that that supplement, which I now have a copy of, shall indicate whether Volume 1 of the final report directly or indirectly refers, relies, or bears in any respect upon any evidence or argument relevant to any of the charges alleged against Defendants Nauda and D'Alviera in the case. If Volume 1 contains any of the foregoing understood liberally, the United States shall so indicate in its public notice and thereafter file a correspondingly sealed non-ex parte supplement with particularized

details by the same deadline. What does that mean? That means she wants a notice to the world if there's any such documentation that exists connecting the DC election interference case to the Mar-a-Lago case. Spoiler alert, there isn't. And if there is, then to file it under seal to the judge and give it to the other side. Now to Andy Olvera. She also noted that she has not ruled, and this goes to the jurisdiction issue, on a number of pending matters in front of her. She hasn't ruled on the request by Trump to intervene in the case and file a brief. She hasn't ruled on the underlying merits of the motion for stay.

Remember, the Department of Justice is arguing she's been divested of all jurisdiction, has no jurisdiction to do any of these things. So what did we get? We got yesterday a full filing by the Department of Justice, their brief, their opposition to the defendant's motion to extend the temporary injunction, in which they argued that the court

does not have jurisdiction under a principle of law we call Griggs, named after a case, that the Griggs doctrine says that when a case goes up on appeal, and that's where Mar-a-Lago's case is, it's up on appeal at the 11th Circuit because Judge Cannon had ruled inappropriately without merit that the special counsel

was improperly appointed by Merrick Garland as an inferior officer as that term is used in the Constitution that first time in 249 years, she found that a special counsel has to go through a Senate confirmation process and has to be separately funded. That's all wrong. That's up at the 11th Circuit Court of Appeals. Once that went up to the 11th Circuit Court of Appeals, her decision to dismiss the indictment

against everybody, then that divested her of jurisdiction to continue to rule in the case even on an emergency basis. And that's what they say the Griggs case, which is a United States Supreme Court case from 1982, Griggs versus Provident Consumer Discount stands for that doctrine. They then go on to say, well, even if you had jurisdiction,

they are wrong as a matter of law because what they're seeking to interfere with the executive branch, the Department of Justice, the administration of the Department of Justice by the Attorney General, the special counsel law, that is all improper. Separation of powers problem, improper injunctive relief, nothing in Congress's law allows a judge to stop the release of the special counsel report if the attorney general finds that it's in the public interest to do so and he has so found.

Finally they argued in their paper that just even if she's right, which she isn't, that the special counsel was unconstitutional or improperly appointed, it doesn't mean his final report is invalid as well and they go into an argument about that. Then off the paperless order I just read you, we get the new filing, which tells the world there's nothing really in the Mar-a-Lago, sorry, in the DC election interference report that bears on the culpability or case against D'Alviera or Nauta, except they said, we do mention in passing, not substantively, the Mar-a-Lago investigation. We will therefore tell you how we did that.

We will send it to you, Judge, as you've required, under seal, meaning we yet can't see it in the public, but we will eventually, and we will also send it to D'Alviera and Walt Nauta, but not to Donald Trump, because he's not a party in the case. Although, let's be honest, Nauta and D'Alviera and Walt Nauta, but not to Donald Trump because he's not a party in the case. Although let's be honest, Nauta and D'Alviera's lawyers are being paid for by Donald Trump's PAC. You do the math. So here's the new filing that we just got,

just right on time, they're always right on time, with the Department of Justice beating the 10 a.m. deadline. Now, because Jack Smith has already resigned, we've done that reporting, this has now been filed by the Civil Division, the United States Department of Justice, what we call Maine, Maine Justice, headquartered in DC, along with the local head of the U.S. Attorney's Office in Miami for the Southern District, which runs between West Palm Beach and Key West, which covers Judge Cannon, Markenzie LaPointe,

he also saw his office also sign this as well. And here's what they told the court and the public. This is for those that are following at home, this is docket number 692, 692 pieces of paper have been filed in this case. In response to the court's January 11th, 2025 order, which I just read to you, the paperless order, docket number 691,

and without waiving its jurisdictional objection, meaning we don't think you have jurisdiction here, judge, to do any of this, but we're not waiving it, we will respond so we're not found in contempt of your order. The United States hereby files this supplement. As the United States has previously noted, the final report of Special Counsel Jack Smith comprises two volumes. Volume

one concerns the special counsel's investigation and prosecution relating to the 2020 presidential election in DC. We call that the election case. Volume, concerns the classified documents case. That's what we shorthand as Mar-a-Lago. In response to the court's order, the United States believes that nothing in volume one of the final report of the special counsel, that's the DC election interference case, quote, this is the quote from the judge's order, directly or indirectly refers, relies, or bears

in any respect upon any evidence or argument relevant to any of the charges alleged against Nauta and D'Alviera in this case. Done. Without referencing defendants Nauta or D'Alviera, however, and this is what they continue on page two, any conduct by them, any evidence against them or the charges against them, volume one does make two references to the classified documents case. The government will provide the relevant text in a sealed filing, just the text. It's like a passing

drive-by reference. That's it. Now, they also remind the judge and the world that, as noted in Merrick Garland's letter he sent to Congress on the 8th, I've done a hot take on that one on the Legal AF channel, but I'll give you off the printer, as you saw, I'll give you what it says in the transmission of some of these things and the report necessary to the ranking members of the Senate and the House by the attorney general on a special counsel process. I'll talk to you about that in a minute. They referenced that letter here.

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of the final report, both volumes, to the attorney general included a transmittal letter. That's the letter attaching it from Jack Smith, where he said, my recommendation is don't release volume two, classified documents only release volume one, while the case is still pending on volume two. A letter from Council of President Trump, where'd that letter come from?

That's a 15 page letter on Todd Blanch's letterhead, while he's still a private lawyer for Donald Trump, in which they attack the report. How do they know about the report? Because about two or three days Donald Trump in which they attack the report. How do they know about the report? Because about two or three days before Jack Smith supplied both volumes to Merrick Garland, he let, we know this, he let Todd Blanch go into a locked room without any electronic devices or copying equipment and look at, in camera we call it, the report.

They took notes and from the notes they wrote a letter, they wanted the letter published at the same time. They've already published that letter because they had the Olvera and now to attach it to one of their filings which they filed in federal court in Florida before Cannon. See? So now they got theirs out before the reports came out. The letter from counsel for President Trump, which was submitted to the court by the defendants, as I just said, requested on page, this is on page 2 of the filing, that if the special counsel's report was disclosed, that if the special counsel's, yeah, the letter from counsel for President Trump and the special counsel's response be incorporated into the report. Finally they say, this is the Department of Justice, if the department is permitted to

publicly disclose volume one or make volume two available to Congress for limited in-camera review, the department intends to also share the transmittal letter from the special counsel, the letter from the council for President Trump, and a letter from the special counsel in response. Oh, that's interesting. See, I just learned something new in reading this order. There's a response by Jack Smith before he quit back to the Trump lawyers about their 15 page letter, which we have not yet seen. Oh, that's going to be it. We'll wait on that one. Okay. Defendants have not sought to block transmission of these documents, but the department will provide all three documents as attachments to its sealed filing in an abundance of caution.

So now the judge is fully informed. That's where we are. The only letter I haven't kind of summarized yet for you here is the one on January 8th where it was announced that Jack Smith resigned. And as a result, the special count, the attorney general was doing their duty as required by statute in law to inform Congress of the results of the special counsel's work. So there's a letter here on January 8th of 2025 that sent to the two ranking members,

Democrat and Republican for the Senate on the Judiciary Committee, Chuck Grassley for the Republicans, Dick Durbin for the Democrats on the House side Committee, Chuck Grassley for the Republicans, Dick Durbin for the Democrats on the House side, to Jim Jordan, of course, the chairman of the Judiciary Committee, and the ranking member, Jamie Raskin, a Democrat. And what it says is, a pursuant to 28 CFR 600.9, that's the statutory law or the code of federal regulation law, I write to inform you that Special Counsel John L. Smith has concluded his investigation. In addition, the special counsel regulations provide that when the Attorney General notifies

Congress of the closure of a special counsel investigation, that notification is to include a description and explanation of the instances in which the attorney general concluded that the proposed action by a special counsel was inappropriate or unwarranted. In other words, were there any instances where Merrick Garland interfered with the investigation, bigfooted it, vetoed it, found in any aspect of it. Either Mar-a-Lago or DC election interference were inappropriate or unwarranted. And the answer to that question is no.

There was, as he, as America Arlen writes, there was no such instances during Special Counsel Smith's investigation. He then outlines how there's two volumes. He talks about how Judge Cannon has blocked the release for now. And this is what he plans to do. As I have made clear regarding every special counsel

who has ever served since I took office, I'm committed to making as much of the special counsel's report public as possible, consistent with legal requirements and department policy. Good on him. As stated in the department's filing with the 11th Circuit, when I am permitted to do so, I intend to provide you, that's talking to the ranking members in the House and Senate, and to the public, volume one, the election

interference case. I have determined that releasing these materials to you and the public is under a certain section of the code is in the public interest. However, consistent with local rules and department policy and to avoid any risk of prejudice to Waltine Nauda and Carlos de Olvera, the co-conspirators of Donald Trump, Ian Maralago, whose criminal cases remain pending, I have determined, Attorney General Merrick Garland says, at the recommendation of the special counsel that volume two should not be made public so long as those criminal proceedings are ongoing.

Therefore, when permitted to do so by the court, I intend to make available to you, so even now they don't have it, the Congress, for an in-camera review, volume two of the report upon your request and an agreement not to release any of the information publicly. I've determined that once the criminal proceedings have concluded, it is in the public interest. So here's what's going to happen there. Assuming we get past all of these ridiculous canon orders and the 11th Circuit rules on the notice of appeal that Jack Smith also took of her orders and they slap her back.

In the next, I would say, 24 to 72 hours, we're going to get volume one, which will also go to Congress, the ranking members. Volume two, Mar-a-Lago, is going to be trapped in limbo. The in-camera review is a means, just to define it here, it means that you get it, you can look at it, you can't copy it, you can't take, you don't get a hard copy of it, you don't get a digital copy of it, you get it on a server, it's locked, you can read it,

maybe you can take notes, but you have to agree not to release it. Of course we can't trust MAGA in Congress or Senate, but that's how that's supposed to work. I don't think we're going to see Mar-a-Lago, but because by the time the criminal case is over, it's going to be under Donald Trump. He's either going to pardon them to end the case or the case is going to continue. He's going to pardon them to end the case.

Once that case is over, the decision to release to the public, even though this attorney general recommends it's in the public interest, the pressure is going to be on who? Pam Bondi, the attorney general for Donald Trump, once she's confirmed. She's never releasing that Mar-a-Lago report. Maybe Jamie Raskin can find a way around some of these agreements and the way they're drafted and let us know about it, but it's not going to be like I'm going to be able to get a copy of the thousand pages of the report and be able to do an analysis of it. I don't think that's going to happen

and I wanted to manage expectations around that. Fast moving story, headline, paperless order last night, attorney general, Judge Cannon orders that the attorney general by way of the Department of Justice tell her whether volume one bears on any aspect of the Mar-a-Lago case. And if it does, tell her which parts they have now filed and said nothing bears on it. There's a couple of passing references in volume one

to the Mar-a-Lago case. We'll tell you what they are. But other than that, you have no jurisdiction. You should lift your stay and the public should get volume one. Merrick Garland's waiting for the court, the 11th circuit or Judge Cannon to finally come to their senses and allow the public to get volume one. Release

free volume, hashtag free volume one. Popak wants it, Legal AF wants it, Midas Touch wants it, let's go. All right, I'm Michael Popak. Tune back in to MidasTouch and the Legal AF YouTube channel, Legal AF MTN. You can see how hot the corner is for intersection of law and politics right now for the next four years. Join us, help us build that pro-democracy channel. We're going to hit 400,000 subscribers in our first four months because of you, and I really appreciate that. Until my next reporting, I'm Michael Popak.

In collaboration with the MidasTouch network, we just launched the Legal AF YouTube channel. my next reporting. I'm Michael Popak.