Legal AF by MeidasTouch - Trump CAN’T HANDLE the HEAT from Jack Smith and Fulton County DA

Episode Date: May 21, 2023

Anchored by MT founder and civil rights lawyer, Ben Meiselas and national trial lawyer and strategist, Michael Popok, the top-rated news analysis podcast Legal AF is back for another hard-hitting look... at the most consequential developments at the intersection of law and politics. On this week’s edition, the anchors discuss: 1) Jack Smith obtaining the criminal grand jury testimony of Nick Luna, Trump’s closest personal aide on Jan6, who likely testified about witnessing Trump destroy presidential records (a crime), and that Trump met in the White House with State republican legislators to coordinate election interference (another crime); 2) a very bad week for disgraced, former attorney and Trump “fixer” Rudy Giuliani who was sued twice this week, in New York State court for sex abuse and assault and sued for defamation by a NY supermarket worker, while (3) he claimed “poverty” in front of a DC Federal judge in another defamation case, and lost his lawyer for non-payment in a third defamation case; 4) Fulton County District Attorney Fani Willis signals to 21 county officials that she is ready to obtain indictments (against Trump and others) at the end of July, with the likely unsealing of the indictments in August and that she needs security measures in place to protect people and property; (5) Trump’s lawyers either dropping out of representing him (Tim Parlatore his chief Mar a Lago attorney) or becoming targets of criminal investigations (Ray Smith III), and so much more. DEALS FROM OUR SPONSORS! NOMNOM: Go Right Now for 50% off your no-risk two week trial at https://TryNom.com/LEGLAF HENSON SHAVING: Visit https://HensonShaving.com/LEGALAF to pick the razor for you and use code LEGALAF for 2 years worth of free blades! MIRACLE MADE: Head to https://TRYMIRACLE.COM/LEGALAF and use the code LEGALAF SUPPORT THE SHOW: Shop LEGAL AF Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch 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 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript
Discussion (0)
Starting point is 00:00:00 Special counsel Jack Smith gets key grand jury testimony from Donald Trump's former top personal aide and body man Nick Luna who was with Trump on January 6th and also observed Trump tearing up presidential records throughout Trump's time in office. So that pretty much just leaves Mark Meadows, Trump's former chief of staff, and a few others as the remaining witnesses for special counsel Jack Smith to put before the grand jury in Washington, DC investigating Donald Trump's crimes. MAGA. This is MAGA stand for make attorneys get attorneys, Trump's lawyer, Tim Parletori, who also testified before the criminal grand jury and federal court in Washington, DC back in December of 2022.
Starting point is 00:01:01 Well, he resigned this week after Donald Trump went all in on the just acknowledging that he stole thousands of government records and he declassified them telepathically. Right, he said that during that so-called CNN town hall and that contradicted statements that Tim Parletori made to Congress, very recently in a letter to the Republican-led House Intelligence Committee, and likely also contradicted what Parliamentary said to the federal grand jury. Make attorneys get attorneys again. That's what Maga stands for. Rudy Giuliani is the living personification of that concept.
Starting point is 00:01:40 He was sued in two new lawsuits this week, one for sexual assault of his former assistant and one lawsuit in federal court from a grocery store worker in Staten Island who Giuliani lied about and claimed that this grocery worker assaulted him back in June 2022 when the worker actually just patted him on the back. And in a separate lawsuit, Giuliani's lawyer quit for not being paid by Giuliani. And in a separate lawsuit for defamation brought by George Election workers, Ruby Freeman and Shay Moss, who he defamed,
Starting point is 00:02:19 the federal judge ordered Rudy Giuliani to provide his full financial condition under penalty of perjury since he claims he is now too broke to search for documents and electronic records as part of his discovery obligations. Then we go to Georgia, make attorneys, get attorneys. In Georgia, the election worker lawsuit that I just mentioned brought by Ruby Freeman and Shay Moss against Giuliani, through that case, we also learned that through the third-party subpoena motion practice process that one of Trump's lead lawyers in Georgia, somebody by the name of Ray Smith III,
Starting point is 00:03:06 is also a target in Fulton County District Attorney, Fawni Willis' criminal investigation into Georgia 2020 election interference in this motion filed by Ray Smith's lawyer. And guess who Ray Smith's lawyer is? Actually, a letter sent by Ray mitts lawyer emotion filed by Ruby Freeman and Shay Moss lawyer. Race mitts lawyer is Donald Trump's former ambassador to Luxembourg. You see what's going on here. It is mentioned that race mitt is invoking the fifth amendment against self-incrimination
Starting point is 00:03:39 and doesn't want to testify in that case. Also as the Fulton County Superior Court Judge Robert McBernie rejected Donald Trump's attempt to make more frivolous legal filings in court this week challenging the special grand jury process, challenging the constitutionality of it, challenging the judges ability to stay the judge, challenging the Fulton County district attorney ability to stay on the case that judges like enough is enough And meanwhile the Fulton County district attorney Fawney Willis indicated that indictments Again, she didn't say this specifically, but the implication was against Donald Trump and his criminal co-conspirators will likely take place somewhere in the July 31st into August
Starting point is 00:04:27 timeframe. And she told judges who practice or judges who are there in the superior court system in Fulton County as well as the lawyers in her office to maybe schedule remote appearances during that timeframe. Wow, a lot to discuss. Michael Popak. I'm Ben Myceles. If you didn't know that that it says it on my shirt
Starting point is 00:04:46 I am Ben Michael Popeye. How are you doing? I'm doing great. I think we just did the whole show. We're done good night everybody. See you next week So on the on the first segment time for the Popeye Porter board About who's testified who hasn't here's my port. We've got the gang of eight, right? We've got Luna Miller, Scavino, Ratcliffe, O'Brien, Kuchinelli, Mackenty, and Meadows. Luna, having now gone in, everyone is testified except for Mackity and Meadows. And we'll talk about what all that means next. And that specific group you mentioned are from a assertion of executive privilege that
Starting point is 00:05:31 Donald Trump tried to make. He tried to block their testimony. The Department of Justice sought to compel it. The judge ordered that those individuals must testify. Again, Donald Trump losing that motion. And now all of those individuals, most of them have testified and we're just waiting on a few. And so as we talk about this episode of make attorneys get attorneys, I was doing that intro. I was just reflecting like, you've got like all these people under investigation, right? Like, or judges have found the crime fraud exception
Starting point is 00:06:03 applies or they've testified before grand juries for their criminal for their involvement in Donald Trump's alleged criminal schemes like we're talking about Evan Corcoran and Rudy Giuliani, Alina Habak, Christina Bob, Ray Smith, Joe Takapina, Sidney Powell, John Eastman, Jeffrey Clark, Boris Epstein. In some form or fashion are under scrutiny by judges or disciplinary authorities or the special counsel and it just goes to show you what happens when you don't just Represent Donald Trump, but you then try to take on that persona and and and this is just demonstrations of what happens But let's get right into the show pop-ok.
Starting point is 00:06:45 I gave a pretty long intro. So if you can, just tell us what's going on with Nick Luna's testimony before the grand jury, and why that was actually very, very important. I love this one. I love this particular witness coming in before the grand jury, stripped of all executive privileges. A great picture for those that are watching us of Dick Luna. He was the personal aid to Donald Trump. His job in the White House, they used to call it the valet and then when they made that politically incorrect, they called it the personal aid. Donald Trump has had a couple of them, but the one that was his aid while Jan 6 was going on
Starting point is 00:07:24 was Nick Luna. He's supposed to be responsible for making Donald Trump comfortable every time he enters a room. He's sort of a little bit of an advanced man carries around all the bag of things that Donald Trump likes to have, whether it's Kleenex or Hairdye or Face Tanning, Self-Tanning Cream or whatever it is Donald Trump likes to have with him. This is the guy that carries it. So he's a fly on the wall in a lot of different rooms. Nick Luna testified, and you and I talked about it back where we talked about the Gen 6 committee. Nick Luna testified already to the Gen 6 committee.
Starting point is 00:07:56 There's even an audio of his testimony. There's a transcript of his testimony in which he told the Gen 6 committee that he observed Donald Trump ripping up presidential documents right before his very eyes. Now that is a problem for many reasons. One, it's obstruction of justice, two, it's a violation of the Presidential Records Act, which is at the very heart of Mar-a-Lago and the investigation there.
Starting point is 00:08:23 So you've got a witness who under oath says he observed the president of the United States at the time ripping up presidential documents. And then later on, this, as you know, this dovetails with Maggie Habermann's investigative reporting The New York Times in which those ripped up pieces of paper, i.e. really important historical presidential records,
Starting point is 00:08:45 got shoved down toilets and clogged up toilets when they were being burnt in Mark Meadows fireplace in his office as the chief of staff. Luna also testified to Gen 6, so we presume he's gonna do it again. It has done it again before the grand jury, telling the truth that Mark Meadows on at least one occasion told Luna
Starting point is 00:09:09 that he was not to attend a meeting with Donald Trump that he normally would have attended. And that was a meeting with state legislatures in and around November, the end of November of 2020 right after the election. We know from the White House logs that Trump met the end of November of 2020 right after the election. We know from the White House logs that Trump met with the Pennsylvania Republican delegation on the 25th of November and he met with the Michigan delegation on the 20th of November
Starting point is 00:09:37 and one or both of those meetings, Mark Meadows instructed Nick Luna not to attend that meeting that Donald Trump was having with those legislators. Look, we know now what that was about. That was the fake elector scandal and or Donald Trump pressuring Republicans in state houses not to recognize Joe Biden's election, not to certify the election and to find ways to throw it over to the House and then to the state legislators to in order to make himself president and all of that. So that is Nick Luna, who's now gone in.
Starting point is 00:10:11 We just went through that Popoq Porter board with Ben, with you Ben, about all of the people, the only people now in the gang of eight, which is then chief judge of the DC Circuit Court barrel howl, now Jeb Bozberg, stripped all of these people of all of their executive privilege. Most of them are not lawyers and forced them to testify. They've now all gone in except for Macinty, who is also an age like Luna and Meadows. But Ratcliffe National Intelligence Director, O'Brien National Security Council, Kuchinelli, acting deputy head of the Department of Homeland
Starting point is 00:10:51 Security. They all went in, Steven Miller, when he's not busy running a law firm to help white people get their jobs back. He was a main aide, a scaveno went in two weeks ago, the guy that probably wrote all the tweets for Donald Trump. And now Nick Luna. And everybody that's in that aid position, Ben, I'll leave it on this, has testified or
Starting point is 00:11:14 will testify to Jack Smith, Walt Nauta, N-A-U-T-A, who was the personal aid, Donald Trump, after he left the White House at Mar-a-Lago. He's at Hot Water with Jack Smith about moving those boxes for Mar-a-Lago after they told the Department of Justice that they were under lock and key and safe and safeguarded and had been caught on video. So that personal aid position, which is like in every room the president is in, is really, really important to prosecutors. And I'm sure that the Nikoluna testimony was compelling. Parletor, you know, we've talked about extensively. What's your view of, I want to get your handle on why you think parletor? Let me just put it this way.
Starting point is 00:11:54 Parletor was brought in to be the main Mar-a-Lago council, especially after Evan Corcoran, got stripped of his attorney client privilege under the crime fraud exception and a finding by then chief judge barrel howl that he likely participated or unwittingly at best in a crime fraud with his client, Donald Trump stripping him of privilege. He had it to part the case and no longer handle it. Parliator stepped in to be the lead lawyer. The timeline for departure is really weird. I want to hear what you think happened. You've got a letter that Parlator wrote on his letterhead, along with Jim Trusty to the Republican House subcommittee on Intelligence, asking them to take over the Mar-a-Lago investigation and claiming that it was all just a big mistake.
Starting point is 00:12:40 It was an accident. They would rush to move out of the White House. They just overpacked the boxes. Donald Trump had nothing to do with it. And this is all much to do about nothing. That's on the 26th of April. But then two weeks later, Donald Trump and the CNN town hall says, no, I took all that stuff. I'm allowed to take it. I'm allowed to take it. I took it. I showed it to people and everything is fine. And then a week or two later, Tim Parletor says, I'm out. Now he had testified bad as everybody knows who follows the show. Earlier in December, he testified, but with
Starting point is 00:13:11 his attorney client privilege intact in front of one of Jack Smith's grand juries. Why do you think Parliamentary left it? What do you think Jack Smith does with him now? Well, if you go to the Parliamentary letter, it is on the Parliamentary Letterhead, not the Jim trusty letterhead, and it wasn't just Jim trusty who signed it. It was basically all of the various Trump lawyers signed that letter, but the fact that it was on the Parliamentary Letterhead leads me to believe that was Parliamentary's legal strategy and, frankly, from a purely technical legal lens. It is the only defense that Donald Trump could make. And so actually pursuing what a good lawyer who has given the set of
Starting point is 00:13:55 facts that they are given with respect to Donald Trump and you are told, how would you defend this? You would not say a president, a former president can do whatever the hell they want, or a president can declassify things telepathically. Or the Presidential Records Act, all that means is that you can steal things and then negotiate later. That's simply not what the law is. And I know part of the big lie strategy by Donald Trump and others in Trump's orbit is you just repeat the lie over and over again.
Starting point is 00:14:32 But that's simply not what the Presidential Records Act states. And also the crimes Donald Trump is being investigated for, violation of the Espionage Act, obstruction of justice, concealment and mutilation are independent federal criminal statutes outside of a presidential records act process where nobody is above the law and you can't steal these records. more Donald Trump directly and or through his lawyers just continue to lie to the national archives, then to the FBI and the Department of Justice, submitting false affidavits consistently, saying that they've returned things when they didn't return things. So if you're dealt that deck, you play that deck the way Tim Parletori did. And in the letter he sent to Congress, he wrote, this was all basically a big misunderstanding. He referred to the documents at Mar-a-Lago.
Starting point is 00:15:31 As being spillage, he blamed the GSA, the general services administration, government bureaucracy, White House staff for packing the stuff that shouldn't have been sent to Mar-a-Lago and then he says in the letter, look, the Department of Justice shouldn't stepped in. This was all a big misunderstanding. It should have been in Congress to begin with. And once the DOJ got its clause on it, they elevated something very quickly to criminal that shouldn't have been criminal. I completely disagree with that premise that of course the DOJ should have been criminal. I completely disagree with that premise that of course the DOJ should have been involved. I disagree with the premise
Starting point is 00:16:10 that it shouldn't have been elevated there. But nonetheless, that is actually from a strictly technical procedure how you would go about a defense in this case. And look, as part of what we do here at Legal AF, we provide an actual legal education of what you would do in this situation. Now you may say, Ben, don't tell Trump what he should do. You're going to be coaching. It's far past that. Okay, don't
Starting point is 00:16:36 worry. He's already done every single thing wrong because then what he did was he stepped in to this so called town hall. and when he was in this town hall He then basically said I took what I took I can take whatever I want to take I Declassified it telepathically and that timing Popo directly contradicts Directly contradicts what parloratories letter set and the defense that parloratory was trying to build step by step. And I think parloratory basically just said, look, I've been trying to build this with
Starting point is 00:17:13 your MAGA allies in the House of Representatives. You are basically unrepresentable. It is impossible to be your lawyer. Good luck everybody else representing it. And I think what he's also worried about too is he's testified before the grand jury back in December of 2022. And he probably said things that contradicted what Donald Trump said at that so-called town hall. So Trump's out there, and here's the thing, you may say, well, Trump said these things before.
Starting point is 00:17:48 Yeah, well, he's put him in his social media posts, right? He's put him on, you know, through truth social or whatever, whatever his apps are, or he said it through his kind of intermediaries, but to have him up there in that so-called town hall saying it, I think to a parlatory, you know, he says, look, they're just going to play that as an exhibit. And not only that, but now Trump is kind of further digging the hole and stepping into even more crimes here.
Starting point is 00:18:18 The writings on the wall where special counsel Jack Smith is going with this because not only did Trump clearly engage in the criminal conduct, but every day Trump engages in more crimes that are only going to add to further indictment. So that's ultimately my. The only thing I would add to that is Tim Parletour is also a fact witness. He is the appointed records custodian because there wasn't one for Donald Trump and Barrel Howell who was at the time supervising the subpoenas and the search warrant and now Jeb Bosberg, Chief Judge of the DC Circuit Court.
Starting point is 00:18:56 Parliamentary is the on the record custodian of record for all documents at Trump Tower, the residents for Donald Trump on Fifth Avenue in New York, at Bedminster, the golf course at Mar-a-Lago the second time around, and a storage unit paid for by taxpayers in West Palm Beach. And signed that, the way Christine Bob signed it, to say that everything's been searched, and they did find another little mini wave of documents at Mar-a-Lago. They found two documents in storage unit in West Palm Beach and Tim Parletor's name is the bottom of all those as the records custodian. Remember that the government and Jack Smith prosecutors were pushing the then chief judge to force them to have a records custodian who'd sign on the dotted line under oath that the search
Starting point is 00:19:43 had been done. And I'm wondering now if Tim Parletor is having second thoughts, having made himself not just the lawyer, but also crossed over to becoming a fact witness, much the way that Alina Habba became a fact witness, when in New York she had to go to Mar-a-Lago right in the middle of the, just prior to the search warrant being executed, to go search through Donald Trump's desk for things responsive to the civil fraud case by Latisha James. You know, this is another theme.
Starting point is 00:20:12 The one theme that you've brought forward in our intro is make attorneys get attorneys. The other theme is, if you're a lawyer, try to not be a fact witness in your client's own case because it will only get you in trouble. And Donald Trump though makes that impossible because most criminals once they're caught and they hire the criminal defense lawyer, they kind of stay a bit quiet with it, right? They kind of shut it down while they're being represented.
Starting point is 00:20:41 Donald Trump is engaged in an insurrection right now. Donald Trump each and every day is trying to overthrow our democracy. He's trying to destroy our economy. He's still trying to cuddle up with foreign authoritarians who wish disaster upon our nation. And that's what makes him unrepresentable. I want to give one more piece of context. Then we got to go on to Rudy Giuliani. You mentioned for a brief moment, Stephen Miller's America first legal. We've gotten a lot of comments about that because it has the letters A F in it. Speak clear, Steven Miller is not a lawyer. He's created an organization called the AFL,
Starting point is 00:21:30 which has a very official sounding title to it. And what they do is precisely what you said earlier, Michael Popak, which is they just file basically EEOC letters, which isn't even filing. They send letters for a group of people who claim that they hate what the government does. They send a letter to the government because it's all performative. It's actually going nowhere to the Equal Employment Opportunity Commission. They write letters targeting corporations, which they claim are too woke.
Starting point is 00:22:05 And so what they'll do is they'll look for websites of corporations that talk about initiatives to promote women executives or to promote diverse candidates. And then they'll send letters to the EEOC saying that that constitutes discrimination against white males, then they will put out press releases saying that they've instituted a federal civil rights action against M&Ms or Bud Light or Black Rock. You name the organization, they've probably brought one of these and then they use their right wing propaganda media echo chamber in the Murdoch entities, the post and Fox, to start writing about
Starting point is 00:22:51 federal civil rights case brought against Mars for M&M blah blah blah blah blah and then that becomes a culture war de jour of the day and so I want to highlight those tactics here. I also want to highlight, of course, what Rudy Giuliani is now going through and rightfully so for his abhorrent conduct. We will talk about the four separate lawsuits that Rudy Giuliani was involved in just this week alone with two of those being new lawsuits brought against Rudy Giuliani. Let's take a quick break.
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Starting point is 00:24:23 If your dog's tail isn't wagging within 30 days, no mnum will refund your first order. No fillers, no nonsense, just no mnum. Go right now for 50% off your no risk two week trial at trynome.com slash legal a f spelled try n o m dot com slash legal a f for 50% off trynome.com slash legal a f. Welcome back to legal AF. Ben Mycel is here. We are live. I'm joined by Michael Popak, Popak, a busy week for Rudy Giuliani. Earlier in the week, there was a sexual assault lawsuit brought under the New York Adult Survivors
Starting point is 00:25:04 Act. sexual assault lawsuit brought under the New York adult survivors act the same statute that was brought by E. Jean Carroll or utilized by E. Jean Carroll in the case that she prevailed on in the federal case against Donald Trump and then later this shop right employee a grocery store employee from Staten Island brought a lawsuit against Rudy Giuliani. And in addition, Rudy Giuliani was embroiled in other federal actions, a federal court appearance in Washington, DC before Judge Barrel Howell and one of his lawyers resigning saying that the lawyer was not getting paid a common theme within MAGA. Popack, can you break down everything going on in Giuliani? You know, it couldn't happen to a better disgraced former
Starting point is 00:25:49 America's mayor and top attorney in New York. I don't know what's happened. I've missed and make a point of personal exception here. I grew up in New York, you know, I'm younger than Rudy Giuliani, but I watched him with great respect when he was the US attorney in New York when he was America's mayor. After 9-11, I don't really know what's happened to this gentleman, but he has, he has, his fall from grace has been both stunning.
Starting point is 00:26:17 And just has gone down to level rings of hell that I didn't even know existed. And here's a perfect example of this week. I didn't even know existed. And here's a perfect example of this week. He's got not one, but two lawsuits filed against them and he's in hot water in two separate other existing defamation cases brought by federal poll workers who he defamed as part of Trump's master plan to get back into the office and to cling to power. That's putting aside what you and I are going to end up talking about the end of July, beginning of August, when I believe he's ultimately indicted in Georgia for election interference by Faudi Willis, but that aside, that's not even what we're going to talk about now.
Starting point is 00:26:53 Let's start with the ones that you and I have done on hot takes and in midweek. You got Noel Dumfee, who filed a New York State Supreme Court, which is a trial-level case, but in state court. Under oath, meaning she signed it as a verification under penalty of perjury, that everything in it, all those 250 paragraphs, are true. And she says that she was hired by Rudy Giuliani, by his law firm slash lobby firm, whatever it's doing these days, for a million dollar a year business development position.
Starting point is 00:27:23 But really, all Rudy Giuliani wanted to do was to a sexually assaulter sexually abuse her, the sexual predator against her, and force her into an unwanted sexual relationship in exchange for her sometimes getting paid for doing her real job, and sometimes him not paying her. That's another theme today, which is Rudy Giuliani looks to be on the balls of his backside financially and
Starting point is 00:27:47 can't pay anybody, including Noel Dumpfee. So she sued him for putting her into a, of course, an untoward sexual position and sexual relationship that she claims is very similar to what we saw in the Borat movie. In fact, she reproduces a still here, we have it right here for those that watch us, a still from the Borat movie, when Rudy Giuliani did not know he was on a secret camera and went into the hotel bedroom with a young woman who pretended to be a reporter who was really Borat's daughter in the movie and starts to, well, you see it, put his hands down his pants,
Starting point is 00:28:23 she claims in her filing that all that and more disgusting things happened, including him being a racist and anti-Semite hostile work environment. But buried within it, you and I have talked about in a hot text and otherwise, buried within it is two bombshells. One of them is she says that she was privy to private emails and text messages between Rudy Giuliani, Donald Trump, Ivanka, Eric, Don Jr., Rupert Murdoch, Tucker Carlson, Sean Hadity, Newt Gingrich, and the list goes on, including Robert Costello, who claims to be Rudy Giuliani's attorney,
Starting point is 00:29:00 as long as he's getting paid. We'll talk about that next in this particular case. And if she, if she, I don't think she flashed that card because she thinks, oh, I just want everybody to know that I saw it. I think she might have copies and sets of these things. And that would be really important to both smartmatic and its defamation case against, against Fox and all of that. And in a Jack Smith's world, anytime he can get his hands on somebody retaining emails and messages that involve all of these people he'd like to see it. So I think that'll happen.
Starting point is 00:29:39 And then in paragraph one, thirty two or so of the complaint, she says there was that Giuliani told her, again, this is under oath. She filed this complaint under oath. Told her there was a two million dollar pay to play for two million dollars. You could buy a presidential pardon from Donald Trump. I sound like an infomercial in the middle of the night. And they'll split the money. Trump and Giuliani will split the money. Listen, this is her words, not mine. This is inter-hurt complaint. And there is reporting in and around the last couple of years that suggests that Rudy Giuliani told an ex-CIA agent, officer about the $2 million sale
Starting point is 00:30:16 price on a presidential pardon and others. So there is reinforcing corroborating information out there about paying for access to Donald Trump through Rudy Giuliani. Here he is counting all the money he's about to make on the pardons on our photo. We just put up. So you've got all that going on. Then you've got, and I'll let you talk about the shop right one, Ben, because I think you did a hot take on it.
Starting point is 00:30:39 You've got this poor person that worked in a shopwriter was in a shop right food store supermarket. While Rudy Giuliani was there, came up behind him, pat him on the back, called him whatever he called him. Like there it is, we have it on the video. And Rudy looks a little bit shocked. I think the guy said a couple of choice words there. And Rudy told, what happened, Betty? He told the world that he was shot
Starting point is 00:31:05 while he was in a supermarket, not knowing there was a video. Yeah, so this employee who worked at the shop right in Staten Island, he was rightfully pissed at Giuliani. He was around for a lot of things, obviously. I mean, for being a fascist, for trying to overthrow our democracy, but that was right around the time of the Dobbs decision. And Rudy Giuliani was out there bragging and boasting about it.
Starting point is 00:31:32 Giuliani was there because his son Andrew was doing a vanity run for governor. And Trump and Giuliani were trying to get Andrew to be the governor so that Andrew could eventually pardon Donald Trump for all of his state law crimes that he would be prosecuted for and eventually charged and convicted of and so you had this situation where Giuliani was there for this like meet and greet Staten Island Is an area that has more trumpers than I would like in New York. And the shop right employee, Daniel Gill, goes over to Giuliani, kind of just pats him
Starting point is 00:32:13 on the back and says, what's up scumbag and then walks away. He didn't hit him, he didn't attack him, he patted him on the back. Do I think he should have patted him on the back in general? No, but it was definitely not anything of a physical attack. Thereafter, Rudy Giuliani and some of the Maga supporters around there reached out to the Staten Island police and then made sure that Daniel Gill was not just arrested but was charged with elder abuse
Starting point is 00:32:44 and was charged with a felony for attacking Rudy Giuliani and so Daniel Gill actually went to prison He could if it was just like a misdemeanor thing. Gill would have just got a ticket But because of the lies that Giuliani told he went to jail once the video was he went to jail. Once the video was, once the video surfaced, then it was immediately, the charge was immediately dropped to a misdemeanor. And then the case was eventually dismissed once it was clear what happened. But yeah, Giuliani then went on various TV interviews right after and basically said he felt like he shot me. The vibrations were so significant
Starting point is 00:33:27 because he hit me so hard that the women standing next to me almost fell down because I was hit so hard and he went all in that he was attacked and assaulted in a very violent manner. That's not at all what took place. And so this Daniel Gill lost his job at shop right, no longer a grocery store or a worker.
Starting point is 00:33:50 His name has been completely muddied up, and he was in jail for a period of time. And so he's not only suing Rudy Giuliani for defamation and other torsious conduct. He's also suing the police officers here the NYPD officers in Staten Island because he says look All they had to do was look at the tape. I told him I said look at the tape and you will see and he said they were just trying to basically do Rudy Giuliani a favor here and got kind of all, got ordered by Rudy Giuliani to do this. So the case is against the officers who arrested him
Starting point is 00:34:32 as well as Giuliani. So you've got a, what's called a section 1983 civil rights claim for a wrongful arrest and malicious prosecution. And then you've got a conspiracy charge against Rudy Giuliani for aiding and abetting that. And then you have these other state law claims against Rudy Giuliani for essentially defaming him. So that's that case. And then, of course, we see Rudy Giuliani, and I'll pass it back to you, Pope, it's like basketball right now. We'll pass each other the ball right here.
Starting point is 00:35:06 Then Rudy Giuliani. So we learned that Rudy Giuliani's lawyer in another case he's being sued for is resigning saying Giuliani's not paying the bills. And then there's another federal case involving Ruby Freeman and Shay Moss who sued Giuliani for defamation in Washington, D.C., where Giuliani has not participated in the required discovery. They sent him
Starting point is 00:35:33 document requests, turn over records, and Rudy Giuliani's response is, all of my records are in the possession or were in the possession of the DOJ and FBI when they executed a search warrant. I've been given a forensic copy of what they took from my offices, but I'm too broke to be able to access that. I think he claims he's in a rears close to $300,000 with the electronic discovery company that now controls the forensic image of his, of the various documents that he has.
Starting point is 00:36:16 And he says he can't even afford to have them run future searches. So tell us what a judge, barrel how will do the hair. Yeah, let's start with that one. Then we'll go to Bruce Caster who used to be Donald Trump's impeachment lawyer bailing out on Rudy Giuliani in another election worker defamation case in Philadelphia. Oh, we have it up there. I'll start with that one.
Starting point is 00:36:36 So Bruce Caster, people remember him. There were two guys that defended Donald Trump during the second impeachment. You really have to keep track of all the impeachments and criminal prosecutions of Donald Trump during the second impeachment. You really have to keep track of all the impeachments and criminal prosecutions of Donald Trump. It was him and another guy named David Shine, who also represented Steve Bannon. This was the taller of the two gentlemen. And he's the Phil Delphier, suburb is a Phil Delphah Republican right wing lawyer. He claims that Rudy Giuliani in the case that was brought by Mr. Savage, a election worker who Rudy Giuliani attacked wrongfully, falsely, as being involved in some voter election fraud to flip votes from Biden to, from Trump to Biden.
Starting point is 00:37:24 He claims that Rudy Giuliani is not cooperating with him in terms of setting depositions or providing information, so we can't provide counsel to a client that's not cooperating. And secondly, he was never supposed to be the lawyer, he's supposed to be the local counsel, some Texas lawyer, unnamed, was supposed to come in for Rudy Giuliani who never did. I can kind of think of what Texas lawyer is out there.
Starting point is 00:37:47 Uh, I can think of a couple of them that are, uh, that have, uh, uh, bar license problems and that there was supposed to be a litigation fund that was raised for Rudy Giuliani's defense of these cases. And that didn't show up. So Rudy hasn't paid him and he wants, and he successfully got the court in Philadelphia to, Philadelphia to grant his motion to withdraw and take him out of the case. So we're as of right this minute in that defamation case in Philadelphia.
Starting point is 00:38:13 Rudy Giuliani has no representation in Philadelphia in Pennsylvania as people they recall is really important to things related to Rudy Giuliani because he lost his New York bar license. He got suspended because of his actions in Pennsylvania and trying to overturn improperly the election. So you got all that going on. Then fast forward, this is this show should be the one degree, the one degree of separation or one degree of Rudy Giuliani because everything kind of relates back to him. Ruby Freeman and Shemost, the mother, daughter, plaintiffs who were
Starting point is 00:38:43 just election workers doing their civic duty, working in Fulton County and State Farm Arena, accountant votes and got attacked and accused by Sydney Powell, Rudy Giuliani, Donald Trump himself claiming that they were bringing in fraudulent ballots in favor of Joe Biden and feeding them into the machine to be vote counted. What all they were doing is proper procedure for taking ballots that were counted and putting them in a locked case underneath their desk. It wasn't a secret suitcase,
Starting point is 00:39:11 which Rudy Giuliani told the world on network and cable news that was something untoward about it. They were following proper procedure, but these two poor women got docks mercilessly and attacked by Baga. So much so that they needed police protection, which the judge, Judge Barrel Howell, used to be the chief judge at DC Circuit Court
Starting point is 00:39:33 and now just the regular trial judge, acknowledged in her in the order that she granted, the order where she denied Rijuliani's motion to dismiss this defamation case. So the other defendant in the case, a one-America media, which is some right-wing news channel that I don't watch, they already got out of the case,
Starting point is 00:39:54 paid Ruby Freeman and Shea Moss a disclose settlement amount, apologized on their network to them for the false reporting, but Rudy still dig it in. And he currently has a lawyer, even though he lost the one in Philadelphia, he currently has a lawyer for DC. And Judge Barrel Howell has sort of had enough with with all the shenanigans and foot dragging and bad faith in discovery, the discovery process that Rudy Giuliani has exhibited, is refusal to schedule depositions coming up with excuses for why he couldn't attend.
Starting point is 00:40:29 He's sick one day. He's got to go to the chemical spill in Ohio another day. Judges had it. He's also not been producing properly emails, WhatsApp messages, and other documents. The discovery is about to close in that case. There's a deadline, the court set, for third week in May to shut the door on discovery so that the case can go to trial. But the plaintiff, understandably, is not ready because of things like we, you know, Jenna
Starting point is 00:40:56 Ellis avoiding being served with her subpoena for a deposition. Rudy Giuliani refusing to sit for a deposition. Somebody will talk about later, which is another lawyer for Donald Trump and the deposition they want to take of him. So Barrow House said, you know what, we're going to do an evidentiary hearing in my courtroom and I want Rudy Giuliani in my courtroom and that was just a day or so ago. And I think it was yesterday. And in that courtroom, which is very unusual, just for people that like to follow our kind
Starting point is 00:41:24 of legal I.F. law school academy, generally lawyers go to conferences. had courtroom, which is very unusual, just for people that like to follow our kind of legal IF law school academy, generally lawyers go to conferences about discovery abuse or discovery sanction, not the clients. She ordered Rudy Giuliani to appear in person. Not by video, he showed up, and this was a three hour hearing. And the judge said, why aren't you producing the emails and what's apps? And they came up with a story that you gave a little bit about a little bit ago, Ben, about, well, you know, all of my devices two April's ago were confiscated in a, in a,
Starting point is 00:41:57 a dawn raid of my apartment. And I only have images of all of those things. So that's one. She said, all right, that sounds like you have it in your possession. What else? She says, it's really expensive for me to go through all of my servers and documents and devices. And there's an outside service, but they want $320,000. And she's like, okay, and I don't have the money.
Starting point is 00:42:20 And literally pled poverty, those, because the judge recited those words in her courtroom and said, I am in povers and I can't pay for that. And she said, basically, I don't believe you at your word, you're going to have to file a financial affidavit, which is completely unusual. Said everybody knows until you get to the end of a case and you get like a money judgment or there's punitive damages involved, you rarely get any financial information from the other side. It's just not relevant to usually the underlying facts of a case. And there is a case law that protects people
Starting point is 00:42:55 from having their most intimate financial affairs laid bare in a lawsuit. You may owe somebody money, but it doesn't mean in the beginning of the lawsuit, you get to turn over all your bank records. However, if you're going to look a federal judge in the eye and say, I don't have the money, she may require you to prove it. So now, Ben, he's got to do this whole x-ray process where he has to reveal everything about his financial affairs. How much he's owed, how much he owes, who owes him money, who does he owe money to, what happened in his divorce
Starting point is 00:43:26 with Judy Nathan. Like, where is your money and why don't you have 320? So this completely backfired for him. I'm sure off the seat of his pants, he decided to be us the tap dance in front of the federal judge and say, I just can't afford it and didn't expect her to turn back on him and say, prove it. Sworn affidavit, all your finances now. I know he wasn't expecting that. He was grumbling outside the courtroom, but he's now going to have to comply. He's not going to be able to appeal that.
Starting point is 00:43:55 That's not really an appealable order. So Rudy doesn't have money to pay his lawyer in Philadelphia. Rudy's past, looks like, has very little money, but if he lied to that federal judge, this is where he's got a problem. He's so, he's so used to like double talking. If he lied to her and he doesn't disclose every bank account, stock account, real estate owned and all of that and his debts as, as if he were like a bankrupt person, filing a bankruptcy petition.
Starting point is 00:44:24 And she catches that, that he misled her in court about the amount that he really has available to pay for these things. He's in serious crap, including contempt, civil contempt to criminal contempt. I mean, as much as we have issues with Rudy Giuliani, I pray for him that he didn't just lie to the federal judge about his finances.
Starting point is 00:44:44 Well, I don't pray for him there. And I'll leave you leave you with this final thought on this topic before moving on to what's going on in Fulton County, Georgia, which is very frequently on this show and throughout the Midas Touch Network. We talk about how a legal strategy for Trump or a Giuliani backfires. I think it backfires on their lawyers to the extent their lawyers actually think they're representing a client, right? And that's the big fallacy here, like a Takapena, a parletory.
Starting point is 00:45:21 We're going to talk about Ray Smith in a little bit. To the extent they think they're representing a client, they are not in Donald Trump. Donald Trump is not somebody, and Rudy Giuliani is in somebody actually trying to defend themselves within the justice system we have here in the United States of America. They are actually defending a force of fascism that is seeking to rip apart the institution.
Starting point is 00:45:50 So when we talk about is this backfiring? What if I give you this hypothesis, which is that the very plan is to lose, claim victimhood, and then try to galvanize the cult to rip down the system. That the very essence of MAGA is being a victim, is being a loser, and trying to coalesce a coalition of fascist-leaning losers to try to rip apart fiber by fiber. This great justice system we have here. And when I think about what also went down this week, where you have Jim Jordan who is not even a licensed lawyer running the judiciary committee in the House of Representatives and as a licensed lawyer as someone who teaches law as someone who practices law
Starting point is 00:46:50 The fact that you as the Republican party would have Charing your judiciary committee someone who is not a licensed lawyer and perhaps that's the nicest thing You can say about Jim Jordan who when confronted in these hearings by real lawyers people like Superstar Democratic freshman congress member Dan Goldman a former federal prosecutor who says you're not even following the rules here What does somebody like a Jim Jordan said? Well, it's the prerogative of the chair to do this the a Jim Jordan said, well, it's the prerogative of the chair to do this. The prerogative of the chair, you know what that sounds like? That sounds like what goes down in Russia.
Starting point is 00:47:32 That's what goes down in fascist countries where, you know, the prerogative of the chair is to do this. So, when we also show you these videos on the Midas Touch Network of like what goes down in the Judiciary Committee where you actually have like fake whistleblowers that the GOP is trotting out there who are being paid by losers like cash Patel who tried to overthrow our democracy. When they put these people there and they call them whistleblowers, people who sympathize with January 6th in Syrectis, that is the system that they want to create. So when we talk about is it backfiring? One of the things I also want to
Starting point is 00:48:16 scrutinize is the very nature of what Trump and his ilk are trying to do is to play the system needs to be destroyed. And we need to build in its place this dystopian apocalyptic fascist system whereby decree it is the prerogative of people like Jim Jordan, Lauren Bobert, Marjorie Taylor Greene, Matt Gates, all taking their orders from Donald Trump. Let's talk about the real law and order in Fulton County, Georgia, right after this quick break.
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Starting point is 00:53:31 that we have been talking about here on Legal AF for some time. Big news out of Fulton County this past week, where the Fulton County District Attorney, Fony Willis indicated when these indictments may take place. I wanna pass that part over to you. But first, the theme of this episode, episode, MAGA, make attorneys, get attorneys, we've been talking about that Ruby Freeman, Shay Moss defamation case against Giuliani. And one of the things that Ruby Freeman and Shea Moss, defamation case against Giuliani.
Starting point is 00:54:05 And one of the things that Ruby Freeman and Shea Moss' lawyers are trying to get in discovery is also the deposition of someone, what by the name of Race Smith III. Race Smith III was Donald Trump's lead lawyer in Georgia filing all of those frivolous Georgia lawsuits for Donald Trump. Race Mitt III was also at the fake elector meeting in Georgia where the Maga Republican signed a fake electoral certificate claiming that Trump won instead of President Biden, when President Biden was indeed the winner in Georgia and they sent that certification to Washington, D.C. to be counted on January 6th.
Starting point is 00:54:50 And so, Ray Smith was subpoenaed by Freeman and Moss's lawyers. And Ray Smith kind of did the Maga shuffle. First, some other lawyer shows up, some lawyer Martin shows up and he's like, you know, we're not going to be cooperative. Then some other lawyer shows up and the lawyer that shows up is someone by the name of Randy Evans. By the way, Randy Evans was Donald Trump's ambassador to Luxembourg, so just someone in Donald Trump's inner circle. And then Randy Evans tells Shay Moss and Ruby Freeman's lawyer, hey, let's be civil about this. Okay, okay.
Starting point is 00:55:30 Ray Smith will invoke his fifth amendment rights against self-incrimination. He's a target of the Fulton County District Attorney's Criminal Investigation, but let's come up with a streamline process where he can show up. He'll invoke his fifth. Let's not waste time here, right? So Ruby Freeman and Shane Moss's lawyers the day before the deposition to streamline the process send over the categories and topics.
Starting point is 00:55:54 Here's what we'll be asking. And then Randy Evans says, you know what? Actually, Ray Smith is not going to be showing up anymore. These topics are way too broad. And there's no way he's going to, you know, sit there and and endure such questioning and have to invoke the fifth. So Ruby Freeman and J Moss's lawyers filed a motion with the court saying, look what what's going on here? That's how we learn that race Smith, another Trump lawyer make attorneys get attorneys, is under criminal investigation by Fulton County District Attorney, Fawney Willis,
Starting point is 00:56:31 Popeyes, anything you want to add regarding race Smith, and then tell us what we learn about what we've learned about the timing of the Fulton County District Attorney filing of an actual, the criminal case against Donald Trump and Co-conspirators. Racemith, the third is a bad, bad man. He was very, very active, which is why he's in the crosshairs of Fawni Willis' investigation. I don't know about witness targets somewhere in the middle. That sounds like he's been a rock and a hard place.
Starting point is 00:57:02 I think he's a target. I think he's a target. And we will see at the end of July, the beginning of August about whether he'll be entited. But he was the point person. He was really the lead lawyer, not Giuliani, for all things Georgia election interference by Donald Trump filing all those lawsuits. He used a now disgraced soon-to-be-forber lawyer, Lynn Wood, to file lawsuits to challenge the certification of the election in Georgia, which lost to challenge the vote count which lost. In fact, as we know, virtually every case filed by Donald Trump and his band of lawyers
Starting point is 00:57:40 failed. That's why Joe Biden, who won the election and was properly certified that he won the election, is our president. So I don't want to let Ray Smith the third off the hook, even though we haven't focused much on him, I think Fawney Willis has, and certainly Shay Moss and Ruby Freeman, the mother daughter team that's suing rightly suing over defamation, Watts to hear what he has to say, and barrel how the judge is gonna decide whether he, and I think will make him sit for his deposition,
Starting point is 00:58:11 and he can try to take the Fifth Amendment, you know, and I've talked at length, we'll do it again soon, about what taking the Fifth Amendment means in the context of a civil case, where you're also the subject of it, and the jury will be instructed to take an adverse inference in favor of the plaintiff and against this person.
Starting point is 00:58:30 Every time they ask him a question, were you involved with the lawsuits concerning the interference with the election in Georgia? I take the Fifth Amendment against self-accrimination. Jury can interpret that as yes, I did something bad. So we'll see that. We'll ultimately talk about the Manhattan DA and update there at another time. We'll talk about what's going on with the Alan Weiselbergs, for instance, of the world
Starting point is 00:58:56 and the Fifth Amendment application. So that's Ray Smith. Let's talk about really the bombshell for me for the week. If I had to pick one development during this week that was the most momentous of the week, it would be Fawni Willis sending a letter 21 Fulton County Georgia officials, including the Chief Judge,
Starting point is 00:59:16 informing them that she would like there to be no other court activity, no other trial scheduled by the judge, by judges, during a two to three week period in August. She doesn't want any unnecessary personnel downtown. She doesn't want, she wants the FBI to be coordinating along with the Sheriff's Department of Fulton County to provide proper security downtown. Why? Well, because there is a grand jury that I'll be meeting at the starting July 31st, and if she gets her indictment within a week of that, then in the second or third week of August, she'll be unceiling
Starting point is 00:59:58 an indictment. And if we read the tea leaves, including what the former jury, four person of the special grand jury, the non-indighting grand jury said that we're not going to be surprised by anybody that they recommended be indicted, then we're going to see Donald Trump indicted and have that indictment unsealed during that period. And she is worried, Fony Willis, about having people dissent bad people against democracy, against justice, descend on Fulton County, and try to disrupt that process, causing damage and injury, and maybe worse to property and people. She said she told the 21 officials,
Starting point is 01:00:42 the only people from her office that will be in the office, not working remotely are going to be her senior executive team, including herself and armed investigators, people that carry weapons. Those are going to be the ones that are down there. For those that have never visited Atlanta, I go there quite often. My mother actually lives down there as is my sister, if the triangle of the Georgia State House, the DA District Attorney's Office for Fulton County, her office, and the courthouse are all across each other. They're all in one triangle.
Starting point is 01:01:17 And that would be the ground zero for any kind of attack situation. And she's got to be worried about that. This is not like New York. In New York, there's one, there's one or two ways into the city and one or two ways out through bridges and tunnels. And the New York City Police Department is one of the finest in the world in terms of surveilling problems. You know, they arrive on most other countries, FBI's or CIA's. And so it was different when Donald Trump was indicted with 34 accounts by the Manhattan DA's office.
Starting point is 01:01:46 Fulton County sits at the intersection of a ribbon of highways and byways that people can get on and get off of and they could quickly overwhelm law enforcement, which is why she wants the FBI involved and the Sheriff's Department. And maybe the National Guard, if she talks to Governor Kemp, although he's a Republican, I doubt he will do it. But what did we learn? I think it's going to be indictments the end of July during the next regular session of the grand jury.
Starting point is 01:02:12 And then she's on seals those indictments in the middle of August. And people that we have been talking about at length for the last two years, Rudy Giuliani, Mark Meadows, and Donald Trump himself, I think are likely to be indicted under this conspiracy theory and Rico conspiracy theory that you and I have talked about at length. You know, what's so interesting about the Rico conspiracy theory is that even though this, what I'm about to talk about is not evidence of the conspiracy theory. It kind of demonstrates it symbolically.
Starting point is 01:02:50 And that is Donald Trump filed this motion, I think back in March, to try to disqualify the judge, that's always his go-to move, right? To disqualify judge Robert McBerney, who's done an incredible job supervising the special purpose grand jury to disqualify the Fulton County District Attorney's Office, Fony Willis, and her office from further investigating crimes and also to
Starting point is 01:03:18 stop the publication of the special purpose grand jury report and by the way the special purpose grand jury just. And by the way, the Special Purpose Grand Jury, just so everybody remembers, the Special Purpose Grand Jury is different than a actual grand jury. Under a very unique provision, under Georgia law, you can, you don't have to, you can in panel a Special Purpose Grand Jury,
Starting point is 01:03:42 which can conduct criminal investigations and then prepare a report and recommendations. Those recommendations don't have to be followed by the Fulton County District Attorney and don't have to be accepted by a future grand jury, but ultimately the special purpose grand jury does not actually criminally indict, just makes recommendations. So they prepared a report and recommendations about an eight page report. Only three of the sections have been unredacted. Everything else remains redacted. So you can't actually see who's being recommended for indictments.
Starting point is 01:04:20 We suspect it's Trump, Giuliani, the fake electors and other co-conspirators. But that report would then go in front of a grand jury, a grand jury will be empaneled and the timeline that Michael Popak just discussed, that July to August is when we expect the grand jury to actually issue the indictments to vote on the indictments. Remember, the same way in Manhattan, a grand jury voted on the indictments to vote on the indictments. Remember the same way in Manhattan, a grand jury voted on the indictment. So Donald Trump filed a motion saying that the special purpose grand jury report
Starting point is 01:04:55 caused him an injury and that injury gives him standing to file a lawsuit, to file a motion, wasn't a formal lawsuit, but a motion within the proceedings to intervene to engage in all of the requested relief, to make the requested relief, I just described, to qualify the judge, block the report from coming out, to qualify the district attorney's office, to prevent the report from being used to qualify the district attorney's office to prevent the report from being used by the grand jury when the grand jury is empaneled. And in response to that, the Fulton County District Attorney's Office basically said, what's your injury?
Starting point is 01:05:38 You don't have standing. Why would a report cause you any injury at all? And then also it's frivolous for a variety of other reasons. You can't just say the judge is bias against you because you don't like the judge's ruling. And you can just claim there's an appearance of impropriety by the Fulton County District Attorney. You have to show hard proof of an actual bias and that the prosecution is being driven by this public malice.
Starting point is 01:06:07 That's at issue and you're not following the standards in Georgia for making those claims. But before the Fulton County District Attorney filed that opposition to Trump's motion, somebody joined Donald Trump's motion. A jointer was filed saying, me too, I want to have the same things that he has. We're related, aren't we, Judge? And that was someone by the name of Kathy Latham. Who's Kathy Latham? Kathy Latham is the former chair of the coffee county GOP in Georgia. She's a fake collector. And not only a fake collector, she was the person who let Donald Trump's campaign forensic people to go into the coffee county election offices
Starting point is 01:06:55 and steal election data from the office to steal private election data on voters so that Trump and his ilk can spread the conspiracy theories about why they claim they won Georgia when they were just completely and utterly lying. So if you think about a Rico and racketeering type of charge that deals with a common plan and scheme, such that you charge the mafia boss with the conduct of the kind of lieutenants and other individuals under them, just think about this kind of tree and network. You've got Donald Trump, under Donald Trump,
Starting point is 01:07:37 you've got Sidney Powell and Giuliani. They first wanted to steal or to have the Department of Defense or the Department of Homeland Security seize voting machines. When it turned out they couldn't get that done, they said, well, what if we did this? What if we had local election officials who were sympathetic to magnet conspiracies just steal the data from the local election office? Then you don't need to actually seize the machines. So then they reached out to people like Kathy Latham.
Starting point is 01:08:11 And by the way, this took place in other states as well. There's an example of this in Michigan that's being investigated there. So then Kathy Latham lets in these Trump hired forensic people who steal the election data. So the crimes that Kathy Latham can be charged with are ultimately can be imputed as part of the common plan and scheme to charge Donald Trump with the theft of the election data using the racketeering Rico statute modality that I just
Starting point is 01:08:47 describe for you right there. So when Kathy lay them, then joins Donald Trump's motion. That is an example of backfiring. Maybe not. So then it just looks like, okay, if you're Trump's lawyer, you're like, we don't want her to join. We don't want to be shoulder to shoulder with that person. We want to separate.
Starting point is 01:09:08 So that was an interesting development there. But then Trump's lawyer after the Fulton County District Attorney's Office filed their opposition saying that Trump's not even injured. Like this is a frivolous motion, deny it. Trump's lawyer said, we want 21 days to file a reply. And the judge says, you know what, not only am I not gonna give you 21 days, but I'm not gonna give you a reply,
Starting point is 01:09:34 enough, I have too much paperwork here as it is. Like, I don't need to see anything more. If I want more, I'll ask it, but I am good, your motion to file a reply, Donald Trump is D9. Popok, any more follow up you have on that point. Yeah, just just last thing, the difference between the special purpose grand jury and regular grand jury that can today we've talked about. The reason that Donald Trump hired these lawyers. We've talked about them fiddling
Starting point is 01:10:06 and another lawyer locally is because they wanted to try to take away the ability of the prosecutor, Fannie Willis, to use the results and the development, the five or six months of witness testimony over 70 witness testified before the special purpose grand jury, thousands and thousands of documents were presented.
Starting point is 01:10:29 And she's allowed under a unique aspect of Georgia law that allows hearsay to be brought into the regular grand jury, different than in New York, where you can't have hearsay, you have to have witnesses with knowledge, testify live. She's able to bring in under her arm that full report that you and I've never seen that we're dying to say from the special purpose grand jury and present it. And the witness statements and the testimony as much as she wants from the special purpose grand jury, and she'll pepper in there. She'll bring in some live witnesses because that's impactful with a jury.
Starting point is 01:11:04 You just don't want to bore the jury to death, reading out how transcripts from some other proceedings. So she won't do that, but it gives her a lot of flexibility on how she presents her case, not just the case that she presented to the special purpose grand jury, the case that she's going to present to the normal regular grand jury. Doesn't have to match one to one. She did not necessarily present a full blown Rico conspiracy case, pardon me, to the special purpose grand jury. She will to the regular grand jury. He's trying to get in the
Starting point is 01:11:32 middle of that Donald Trump by arguing she can't use any of that because the special purpose grand jury is tainted because of the comments that were made by the by some of the jurors, including the jury for person. and it was biased, and it was against him. And therefore, the whole thing should be thrown out. She has to start all over again and just present her case in its totality to the regular grand jury and not get the benefit of all the work she did at the special purpose grand jury. Let me just make the prediction. That attack is going to lose. McBernie, who supervised the actual process, Chief Judge McBernie, from the very beginning, as when he was the Chief Judge
Starting point is 01:12:13 and is still continuing in his role of supervising the process, had many hearings during the process to talk about process. He even chastised Faudi Willis a couple of times about things that she did reminded her who she worked for, which was for him, to make sure that process was going well and complimented the special purpose grand jury at the end. He released what he wanted from it. He was fine, with the with the jury for person giving interviews.
Starting point is 01:12:45 This is the judge. He is not going to invalidate six or seven months of work at the special purpose grand jury to deny. Phony will is the ability to use it at the regular grand jury and July. And they can go take their appeal, whatever they want to do, it would actually ultimately go to the Georgia Supreme Court. But she is going in with the special purpose grand jury material and whatever else she supplements it with to get her indictment against Donald Trump at the end of July and all of this is very interesting for you and I to talk about, but it's not going to result.
Starting point is 01:13:20 I don't believe in the disqualification or having the entire work of the special purpose grand jury voided. Stay tuned, a lot, a lot, a lot. Coming down the pipeline in Fulton County, out of also special counsel Jack Smith's investigation, that's currently with the various grand juries in Washington, DC, I think will also be hearing more from Manhattan district attorney. Don't forget as well. You've got the attorney general lawsuit against Donald Trump, which for at least, I mean, at least hundreds of millions of dollars, that's scheduled for October 3rd of this year. And as the judge said,
Starting point is 01:14:06 come hell or high water that case will be going to trial as well. Thank you all so much for watching this episode of Legal AF Do Me. This favor, if you can make sure, if you just watch this on YouTube, you also subscribe on audio podcast as well. So whatever audio podcast device you use, that's Apple, if it's Google Play, if it's Stitcher, if it's Spotify, whichever one you use, just search legal AF by MidasTouch, search legal AF and make sure you hit subscribe and leave a five star review.
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