Legal AF by MeidasTouch - SOS! Trump RUSHES Motion in DC Case before ELECTION

Episode Date: October 25, 2024

Now we know why the Trump campaign likely leaked yesterday that Judge Cannon in the Mar a Lago case was being offered a job as Attorney General if Trump wins: to support a request filed by Trump today in the DC Election Interference Case to have Judge Chutkan adopt Judge Cannon’s “reasoning” and find that the Special Counsel is unconstitutional. Henson Shaving : Visit https://HensonShaving.com/LEGALAF to pick the razor for you and use code LEGALAF for 2 years worth of free blades! Join the LegalAF 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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visit connectsontario.ca. This is Michael Popak, Legal AF. Right on time, and as part of his strategy, it appears within 24 hours after Donald Trump's transition team leaked to the media that he was going to appoint Aileen Cannon, the judge that dismissed his case down in Mar-a-Lago brought by the special counsel to the attorney general position of the United States.

He has now filed a new motion with Judge Chutkin in the DC election interference case saying, see what a great idea Judge Cannon had to find that the special counsel is invalid, is an improper delegation of authority under Article II of the Constitution, and his funding was illegal and illegitimate. That's a great idea. We should do it here in the D.C. election interference case and get rid of this special

counsel and all special counsels. Let's do that. And to bolster his argument, it's apparent to me now, he put Aileen Cannon just yesterday on a leaked list showing that she was at the very top in order to signal to MAGA that he was rewarding Aileen Cannon for dismissing the case against him and strengthen his argument somehow that see a future attorney general or even Supreme Court justice believes the following.

It's almost like he did it to bolster his argument knowing that 24 hours later they were going to be filing a request with Judge Chutkin to ask her if they could file a motion to dismiss the D.C. election interference indictment on the same grounds. Do you see it? I see it, and I'm talking about it on this hot take. Now, let's break it down. In order to file the motion, Judge Chutin has said that both parties have to file a pretty please request. That's my words, but it's a letter request to the judge, laying out the arguments and then the judge will decide whether the motion can be filed or not.

Now, they already raised this issue on the Trump side on September 5th during a hearing that they had in front of Judge Chuckin, a status conference, if you will, after Jack Smith and the special counsel's prosecutor's office obtained a superseding indictment from a grand jury. Now, hold that thought. Remember, it's not the prosecutor's offices that are indicting. This isn't an indictment by way of a criminal complaint or an information. This is a grand jury that's indicted Donald Trump. So whether the special counsel is invalid or not, I don't think affects the validity of the indictment. But let's hold that for a moment. In the September 5th hearing, Donald Trump's lawyers

said, well, by the way, we've got another motion we're going to be bringing based on a ruling by Judge Cannon, who just recently dismissed the Mar-a-Lago indictment and all 40 counts of it, finding that the appointment of the special counsel was invalid and unconstitutional under Article 2 of the Constitution, which gives department heads the power to appoint inferior officers and officers such as the special counsel, but that this wasn't done properly and only Congress could create a special counsel.

Now, that is against the weight of 250 years of constitutional jurisprudence in the United States. I can't make this point any more clear. The United States Supreme Court in 1974 recognized the propriety and constitutionality of a special counsel in the Nixon case, and we've got cases dating back to the founding of this Republic that recognized the need for and the legitimacy of a special counsel as has Congress. But not to Aileen Cannon, the first judge in our history

to ever find that the special counsel is invalid and should be ignored. And all of the work he's done to obtain an indictment should also be ignored. Now, where did she get that from? Well, we know that Clarence Thomas on the Supreme Court in one of his concurrent opinions in the immunity case, well, how do I put this?

He wrote a love letter to Aileen Cannon and blew her kisses and said, hey, this special counsel is invalid and you should find him invalid and you should have all the indictments dismissed. And said great idea that's exactly what she did and then she was rewarded yesterday with the fact that she's number one or number two on the list of Attorney General candidates and I got a scarier proposition if she's not Attorney General candidate for Donald Trump she's a Supreme Court

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Two years free blades when you head to H-E-N-S-O-N-S-H-A-V-I-N-G.com slash Legal AF and use code LegalAF. Now, I now see this as a part of a grand scheme. Yesterday, they bolstered her credentials by saying that she's on the short list to be the Attorney General of the United States. And then they filed their motion in front of or request with Judge Chutkin. Now in September when they raised the issue of we're gonna bring

this motion, Judge Chutkin looked them in the eye and said yeah I don't think that has a lot of support or a lot of intellectual heft to it, but if you want to bring the motion, I can't stop you from asking. And that's what's now being reported. Now, they made a big deal in their filing about, well, not only does he improperly appointed under a misinterpretation of Article II of the Constitution and what is an inferior officer. Because when you read it clearly, the attorney general has the right to set up inferior officers that report ultimately to the attorney general, even in a special counsel position.

And that's exactly what he did with Jack Smith. Just like every independent counsel, special counsel or special prosecutor, no matter what you name them, has been done for time immemorial until it reached Aileen Cannon's chambers. So they make that argument. Then they make the argument, look at the numbers, they're spending $36 million to prosecute me. Well, let's put that in context.

First of all, I've seen reporting that at least a third of the $36 million is for personal security to protect the prosecution team and those around them from threats of MAGA brought on by Donald Trump. So let's take a third of that off the table, shall we? Because it was caused by Donald Trump, C-Gen 6, and the attempt to set fire to democracy. The second thing you should know is that Donald Trump is spending tens of millions of more dollars

from his adoring public and from their donations to pay his legal team anywhere between 20 and $30 million a month, including for all of his legal cases, including the DC election interference one. So is it any surprise that of course the prosecutors who have to go through the effort of preparing their case and doing an investigation and getting all the Jan six committee material

and doing their own interviews and doing their own witnesses and doing their own grand jury twice and dealing with the immunity decision and with dozens and dozens and dozens of people with a guy who's as slippery as a greased watermelon in a pool like Donald Trump, is it any wonder they racked up $20 million or so doing their work? That's low money. And again, a third of it is personal security to protect people from Donald Trump and people like him. So I really don't see the point of that. The Congress had originally established a funding mechanism

for what was originally the independent council when there was an independent council back so many years ago before Bill Clinton. And they allowed that funding to continue even after the independent council statute lapsed. In the meantime, to fill the gap, if you will, the executive branch, which is Joe Biden right now, and Merrick Garland have appointed special counsels as needed under their authority under Article 2, where the executive can delegate to a department head,

the department head can hire inferior officers, and that's exactly what the special counsel is. They act like he's some sort of drive-by independent prosecutor, stranger to the case. They don't know how he got here. I got news for them. He's not a 1099 independent contractor. He's an employee. His direct deposit slip says Department of Justice when he gets paid, as do everybody else on the team or US government, US Treasury. That's how he gets paid, as do everybody else on the team, or US government, US Treasury.

That's how he gets paid. And so here's what I think is going to happen. Judge Cannon is going to allow, I believe, the federal government, the special counsel, to respond to the letter demand. They'll argue against the motion being filed. They'll file a brief as part of their letter, I think, or their letter will be a brief, which will argue against the positions much as they did. They can just dust off the one they did at Mar-a-Lago with Judge Cannon and the one they're going to file at the

11th Circuit related to her ruling there for the very same rules and very same reasons, and that it would turn the world upside down. Do we dismiss all special prosecutors and special councils, including the one that went against Hunter Biden and others? What should we do about that? I think they're gonna defend the office of the special counsel, the proper delegation for Article II of the Constitution by ultimately President Biden by way of his attorney general,

and they are going to oppose the filing of the motion. Having read that, the judge can then decide, well, let's have full briefing on a briefing schedule and allow the brief, but signal, I think you have a losing proposition, but you can keep trying to convince me. Then she sets up a briefing schedule. I think that'll go relatively quickly,

probably throughout the month of October into late November, and then she'll make a decision about it. I assure you right here. And you can come back and test my little time capsule. PO-POK is telling you right here, Judge Chutkin, whether she does it now off the letter briefing or she does it on full briefing, she is going to deny the motion to dismiss,

and she's going to reject the canon analysis that they're trying to use and bolster and promote of one alien cannon who's going to have her decision to dismiss the 40 count indictment against Donald Trump reversed by her bosses at the 11th Circuit anyway, while they consider strongly reassigning her from the case now that she's made it to the short list of Donald Trump's attorney general. I don't think you can have the criminal defendant make a job offer to the judge and have that undermine the integrity of the court system. Do you? So we'll follow it all right here on the Midas Touch Network and the next steps, the judge probably letting the special counsel file an opposition to the letter brief, then setting

it up, I think, on full briefing, then making the decision against Donald Trump, and then he can take that up on appeal along with everything else. All this is heading anyway. We're all heading back to the United States Supreme Court with Jack Smith and this superseding indictment, whether we like it or not, while democracy hangs in the balance. So until my next hot take,

whether it's here on the Midas Touch Network or on our sister channel, Legal AF, the YouTube channel that I'm the chief curator for on our sister channel, Legal AF, the YouTube channel that I'm the chief curator for. Come over there, free subscribe, help us build that pro-democracy channel. I'm Michael Popak and I am 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

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