Legal AF by MeidasTouch - Trump Gets HAMMERED by Federal Judge and CONTINUES TO SINK

Episode Date: August 13, 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 weekend’s edition the anchors discuss: 1. DC federal Judge Chutkan's warnings to Donald Trump and his counsel about public statements that could interfere with the proper administration of justice as she enters a protective order in the new Jan6 criminal case, along with a warning that she will set a very fast trial if Trump doesn't behave; 2. a comparison of Judge Chutkan's courtroom decisions with those of Florida federal judge Aileen Cannon as she seems to be bending over backwards to accommodate Trump, including giving him an idea of how to seek the dismissal of his indictment; 3. Fulton County DA Fani Willis firing back at Trump's attacks, while gearing up for a likely sweeping conspiracy indictment next week against Trump and perhaps a dozen others; 4. AG Merrick Garland appoints a special counsel to continue the Hunter Biden saga, and so much more. DEALS FROM OUR SPONSORS! HENSON SHAVING: Visit https://HensonShaving.com/LEGALAF to pick the razor for you and use code LEGALAF for 2 years worth of free blades! RHONE: Head to https://rhone.com/legalaf and use code LEGALAF to save 20% off your entire order! EIGHT SLEEP: Go to https://eightsleep.com/legalaf and save $150 on the Pod Cover! ALEX AND ANI: Head to https://Alexandani.com and get 20% at checkout with code MEIDAS. Discover the confidence that comes from a perfectly accessorized piece of jewelry. SUPPORT THE SHOW: Shop NEW 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 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

Special counsel, Jack Smith filed a brief to set a trial date in the new criminal case filed against Donald Trump in Washington, DC federal court for 2020 election crimes to set that trial date for January 2nd, 2024, Jack Smith states in his brief that this trial date on January 2nd, 2024 is in the interest of justice, and that the court, federal judge, Tanya S. Chutkin, should not allow Trump to engage in his usual delay tactics. The difference between the law and order judge in Washington DC federal court, Judge Tanya Chutkin and the sloppy and corrupt Trump appointed judge in the federal court for the Southern District of Florida. Judge Eileen Cannon was again on full display this week on the one hand in Washington DC. You had Judge Chutkin moving that criminal case along expeditiously, entering a protective order,

and of course, admonishing Donald Trump's lawyers for their behavior and Trump's behavior. More on that in a bit. On the other hand, you had Judge Eileen Cannon striking documents submitted under seal by the government for grand jury secrecy while parroting arguments that Cannon might have heard on Fox the night before from surrogates of Donald Trump and randomly putting those arguments in her orders on her own initiative. Seriously, meanwhile, Donald Trump is asking Judge Eileen Canon for taxpayers to build a sensitive compartmented information facility or skiff at Mar-a-Lago.

So he can review the classified documents he stole in the case, in the crime scene that is the subject of the case. Once again, seriously next, let's turn to Fulton County, Georgia, where we expect not only an indictment against Donald Trump next week for his crimes relating to the 2020 election in Georgia, but indictments against at least a dozen other co-conspirators. I want to get Pope Box take on who those other co-conspirators are who will be indicted. Donald Trump, meanwhile, has been threatening and harassing Fulton County District Attorney, Fawni Willis, in some of the most disgusting, misogynistic,

and racist ways. And Fulton County District Attorney, Fawni Willis, had to respond, sending a letter to her staff, telling them, please ignore it, stay professional in the face of all of these threats. Finally, MAGA hypocrisy exposed again, seems like that's a headline. Every single week we had Merrick Garland appointing a United States attorney, David Weiss, who was originally appointed by Trump, who is a Republican. And Weiss has now requested and was immediately given the status as a special

counsel in the Hunter Biden criminal case and criminal investigation. Maga Republicans were saying before that this was a cover-up that he was not given this status in their obsession with Hunter Biden's Nudes. But now that David Weiss became a special counsel after requesting it for the first time with no strings attached whatsoever and never being rejected in the request before. Now, Magga Republicans go, you know what? That Trump appointed prosecutor, that Trump appointed prosecutor deep state deep state

He's a deep state Biden dark brand and operative insanity. Let's talk about law and order. Let's talk about evidence Let's talk legal a F. I'm been my cell is joined by the one and only Michael popok the popok in What's that pop Popak? How are you? I'm doing great. Fresh off my Staten Fulton County, Georgia reporting live from the courthouse. We'll talk about that a little bit later. But this, this comparing contrast that you and I've been talking about offline between Canon, judge, Canon and judge,

Chutkin, which is exactly what Jack Smith wanted in this, what I call the portfolio approach of him filing in multiple jurisdictions. He knew he made a decision, a strategic decision that he had to file, we'll talk about it when we get to that, he had to file the Mar-a-Lago case, he believed, in the Southern District of Florida. He knew there was a one-and-four chance that he would get a Eileen Cannon given the way the wheel spins in that district. But he also knew that the bigger batter case, the broader case, the more sweeping case, the Jan 6 case was going to be filed on home turf for the Department of Justice and him in

Washington, D.C. and his odds of getting somebody professional sober powerhouse like Tonya Chukkin to stand in sharp contrast that he could use as a model without saying so for it's trying to keep Canon on the straight and narrow. We'll talk about how that's working. This was part of the mastery of Jack Smith that we're seeing played out and we talk about here through a number of our segments. I think fortunately, Judge Eileen Cannon's corruption is matched by her inexperience and I might be a little crass in saying it, but I think the legal aephras will agree, her stupidity, and she is creating yet another legal quagmire in her courtroom, striking documents that special counsel Jack Smith is submitting under seal because of grand jury secrecy and fairly routine hearings, then inviting briefing on areas again outside the scope of her jurisdiction. We'll talk about

this in a little bit in the show asking for briefing about what's going on in grand juries in Washington, DC. I mean, the whole reason why she was previously overruled in scathing orders by the 11 circuit court of appeals is precisely because she was doing things outside of her jurisdiction for the benefit of Donald Trump, who appointed her, which is why she should have recused herself from the outset. But the legal quagmire is, I think, that she's creating their ultimately are going to lead to appeals and delay in her case.

But what comes right with that, what swoops in, you have the DC case right here, and special counsel, Jack Smith, I think seeing that opportunity, the fact that you have Judge Cannon setting, you know, her trial date in May of 2024, but that's probably going to get pushed back based on all of the appeals and things that will start happening there as she creates such a sloppy and disorganized docket. But to me, this creates great opportunity, Popeyes. And Jack Smith is strategically seizing that opportunity. By saying, look, we've got the case about Donald Trump's crimes relating to the 2020 election

in Washington, DC. Sure, maybe the willful retention of national defense information, Trump's theft of classified documents and obstruction of justice case. Maybe that gets kicked a little longer, but this case in DC can put Trump in jail for the rest of his life. We want that trial day. That's precisely what Jack Smith asked for. Talk to us about that. It's beginning to look a lot like the Mar-a-Lago case is the stalking horse and that the real case

that Jack Smith is gonna use to get Donald Trump behind bars, even though the easier case, factually, may be the Mar-a-Lago case. It is obvious that when he filed the Mar-a-Lago case, uh, at the right moment when the Mar-a-Lago indictment was, was ready to be obtained from the grand jury, we'll talk about grand juries in this legal AF, but that he always knew we, and we all knew there were multiple Graham Juries being used, including in DC, and that the bigger one, the larger one, the more opus one was going to be the one involving everything, Jan 6, the interference with the election,

and the peaceful transfer, and all of that. So you want to talk about, we're, I think, throughout the one theme here on the podcast is going to be the comparing contrast not just of the two judges But how Jack Smith so so artfully Filed one against the others using one against the other look when they file in Chuckkins chambers they know it's messaging that's going to be used or could be used in Marlago and vice versa. Things that John Loro, pardon me, and Blanche who doesn't talk much at this point, he's not admitted yet.

Maybe he just got admitted in DC, but he wasn't at the time. The things that they say, which are inconsistent, which we're going to talk about, things they've said about former president, president Trump should be given special treatment in Mar-a-Lago. And yet we have Judge Chuckkin saying, no special treatment, it's just his day job running for office. He's a regular criminal defendant, and you're out on bond, and we'll talk about that at my hearing.

Let's go into the motion or the briefing on the trial date, Jack Smith requesting this January 2nd, 2024 trial date here and a whole work back calendar as well. Jack Smith once January 2nd, 2024 trial date jury selection, December 11th, 2023, final pre-trial conference, December 8th of of 2023 and then all of the rule 12 and other dispositive motions like potential motions to dismiss and things like that could be filed by September 25th of 2023. In this briefing filed by special counsel Jack Smith, he reminds the court that the Speedy trial act is not just for the benefit of criminal defendants. It's also for the benefit of the public, the American people, and that this trial date is in the interest of justice. The briefing goes on to explain how the government is prepared and ready to make all of the discovery

available to Donald Trump's lawyers. One of the notable things in this order was you had a situation where Trump was the new MAGA conspiracy was that the January 6th Committee destroyed all of its records. Now that Donald Trump has subpoena power because of this case, that's going to be exposed. It's an insane conspiracy on multiple levels. Donald Trump had subpoena power before as well in some of the other criminal cases, but also, you know, who has subpoena power as well. Congress, the Maga Republicans who use their subpoena power to talk about Hunter Biden's nudes instead of actual real issues that matter to the American people. It's also

doubly insane because the January 6th committee documents are easily accessible online. When the Maggi Republicans took over the House of Representatives, they were the ones who disbanded the committee took down the public website. So the January 6th committee had to archive it and make it available online. But also, we're going to talk about the protective hearing that went down a little bit. Special counsel, Jack Smith, was trying to turn over all of these all this information to Trump, even on an interim basis before the judge entered into a protective order. So Jack Smith's like, here, we'll turn over everything for you, grand jury transcripts, exhibits,

witness interviews, recordings. The vast majority of all materials obtained through search warrants, unredacted materials obtained for other governmental entities, including the House Select Committee to investigate the January 6th attack on the United States Capitol and the United States Secret Service. And Donald Trump's lawyers were like, we don't even want to enter into an interim protective

order while we wait for the judge. We want to delay, delay, delay. So Jack Smith is calling him out there. But Jack Smith's like, look, discovery is ready. The interest of justice under the speedy trial act for the American people supports this January 2nd, 2024 trial date. And then Jack Smith cites a number of other cases that have been tried in a similar time period. Ultimately, I believe that Judge Chutkin will probably set, I think, a February or March

trial date. I don't think she sets the January date, but I think she'll set a 2024 trial date. But now that the protective order has been entered, we'll talk about what went down at the hearing on a protective order. This case is going to be moving quickly. Judge Chutkin throughout the week was making ruling after ruling, no delays, holding everybody accountable to very quick deadlines and she would issue minute orders. I mean, while we were live last week on the GLAF, there was a flurry of minute orders taking place at that same time. And of course, Donald Trump's responding and responded to Jack Smith requesting this January second date by saying,

deranged Jack Smith has just asked for a trial on the Biden indictment to take place on January second, only an ad of touch lunatic would request that election interference. But Donald Trump's posts were brought up at the protective order here in what you talk about shortly before Judge Chutkin. And she did something brilliant there to basically tell Trump, hey, you're going to continue

engaging in that type of conduct. It makes me more likely to set an early trial date just so you know, so that there's no taint in the jury pool. But all of these motions are being moved along quickly. Popo, what do you think about the trial date? And then next, maybe talk through all of the back and forth on this protective order. What went down in this very powerful hearing? Yeah, I think they, well, start with the hearing and back and I can backfill for the trial

because they're going to be linked together because the hearing that led to the protective order, which has now been entered by the judge. And then when I turn it back, you can go over the details of it. But what was fascinating to watch was the amazing shrinking former president in the hands of a federal judge, Judge Chutkin, who knows how to run a courtroom. He became about three feet tall in that courtroom as Judge Chuck Gensat, 10 feet above him in a black robe with the American flag behind her. And she let it be known that if his only experience in federal court criminally to date had been Eileen Cannon, who bent over backwards when she interfered improperly, unconstitutionally, with the

Mar-a-Lago criminal investigation in progress and was chastised twice by the 11th Circuit or bosses as a result of that, when she made comments then last summer about extraordinary defendant in front of her former presidents get different treatment in federal criminal cases. If he thought that is how he learned about federal criminal law, welcome to Judge Chutkin. Because Judge Chutkin did a number of things and said a number of things in the hearing, in which without reading between the lines, it was the lines. She told him point blank and his lawyers, I am not gonna treat your client any differently

than any other criminal defendant in front of me. That's one, two, politics is gonna be left at the doorstep. Politics are not gonna play a role in anything that I'm gonna decide in terms of the protective order and of course by implication, the trial setting and other things leading into the trial. The third thing she said to him is the thing that he does in campaigning, that's his day job.

Just like any other criminal defendant has a day job. This again is the laser ray of Chukkin, Judge Chukkin, shrinking Donald Trump. You know, like Honey, I shrunk the kids. This was Judge shrunk the former president down to size so that she can control him and let him know, and that she's also been reading, including things filed by Jack Smith's team. The other thing that shrinks him down to size and shows that she's going to be treating him like anyone else. We'll put it up in a minute. the other thing that shrinks him down to size and shows that she's going to be treating him like anyone else. We'll put it up in a minute. It's in her minute order, which I loved. She referenced

the defendant is still presently out on bond in personal reconnaissance. She took time to remind him that he and his release into back to liberty is subject to her supervision. Okay, period. Nothing says you're just a regular old criminal defendant in my courtroom, like a reference to your bond and your release conditions in the minute order when she was done with her hearing. Okay, during the hearing, of course, she took head on the argument that defense that's being run in all of the new shows by John Loro and by Donald Trump and his social media about, I have a First Amendment right. I have a First Amendment right. It's my

defense. It's a First Amendment case. It's my First Amendment right. She said, okay, let's get something straight. This is in the courtroom, as reported by people that were present. You, yes, you have a First Amendment right, just like any other person in America does. However, you're also a criminal defendant. And as a criminal defendant, there are limits to your, and she's talking to John Loro at this point, your clients first amendment rights. And the limits are, it can't interfere with the proper administration of justice. And I'm going to make sure that that apple card of justice is not overturned by your client's

first amendment rights. And I'm watching him carefully, obviously triggered appropriately by what Jack Smith put in his filings in which he said, well, now he's threatening people. Now he's just bald face threatening people. Now he's just, he's just saying, you're coming for me. I'm coming for you. She said, she didn't say I'm troubled by it, but you could tell in her reaction to it, you could tell she was reacting to that and said, I am concerned about witness tampering and possible jury tampering by statements made by your client.

So he is forewarned in this courtroom. And then of course, it's baked in to the written protective order that if he crosses those lines, my primary job is to make sure that judicial efficiency and justice is done. And I am going to use whatever in my power is necessary to sanction your client and restrict him in order for those things to be protected. She's very concerned about witnesses who can't protect themselves, who are going to be bashed like Mike Pence and others by Donald Trump going forward. And she's very concerned about the potential jury pool being selected and him trying to influence and shape the results about that.

So much so, as you said at the top of the segment, then, Judge Chutkin said, this is where she ties her comments and her thought process, because this was our first opportunity to see inside the mind of Judge Tanya Chutkin and how her mind works as it relates to this criminal defendant in front of her, who happens to be a former president, which is basically how she approached it. She said, and if you keep it up, one of the things I may do is speed up the trial date, meaning I know you're pushing Mr. Lawrow for beyond, you didn't say this, for Beyond January, the more your client violates my warnings, my cautionaries, the more likely it is that we're going to go to

trial faster, not later. And so it was great because it was like a shot across the bow before they filed their paper, which they have to file based on a briefing schedule the judge asserted We know from Mar-a-Lago just as There the the Jack Smiths team said December the other side said I don't know after November your honor and the judge sort of picked the middle Same thing here this case. They said which has less Which has less confidential information issues, although there are still

classified information issues, we'll play the marker down as January with a pre-Christmas, I love this, what, pre-holiday pre-Christmas jury selection process. And then waiting on, obviously, they're going to do the same thing. Two and a half years to investigate. We want a year and a half. We want to go beyond November. I don't think there's based on the comments made by Judge Chuckkin allowed in the courtroom about the protective order. I don't think there's any way in heck she is going to push this out. I don't think she's going to pick January. But like you said, I think she's looking at this calendar. Alvin Bragg has already said aloud in an interview in New York that he's willing to

move his trial date in March to to yield to a federal trial date that would be a point that you know, that would be asserted. So he's willing to take a step back and give judge, judge, judge, chuck in a new date opening, which then supports your February March. I think it's February March, April, kind of thing. And if, if, uh, uh, Canon screws around with her trial date anymore, and we'll talk about her later while that is likely to happen.

Then as you said last week, then, Chuck and Juts slides right in there. So, if Alvin Bragg, Manhattan, DA, Stormy Daniels case moves off the docket and yields to the federal case for now, staying the case until another date. And then, and Canon screws around, there's a huge swat of time after January, but way before November, during Republican primary season,

but this judge doesn't care about that to set this trial. So on Friday during this protective order hearing John Loro started off by saying, well, you're on or well, Judge Chutkin, we all know that there's a political campaign. And she stopped him right there. She had managed him right there. I don't care that there's a political campaign. And she stopped him right there. She had managed him right there. I don't care that there's a political campaign. The government filed when the government was ready for their case. I could care less that he's running for office means nothing in my courtroom.

And her words were so powerful. I'd like to read them directly what she said based on what court observers transcribe Judge Shuttgen said the following to John Loro Loro You are conflating what your client believes he needs to do to you're conflating what your client needs to do to defend himself And what your client believes he wants to do politically your Your client's defense is supposed to happen in this courtroom, not on the internet. She continued, what the defendant, Mr. Trump, is currently doing, the fact that he's running a political campaign has to yield to the orderly administration of justice. If that means he can't say exactly what he wants to say about witnesses in this case,

that's how it has to be, that's how it is going to be, Mr. Loro. Mr. Trump, like every American, has a First Amendment right to free speech, but that right is not absolute. Defendants free speech is subject to the release conditions imposed on him at his arraignment and it must deal to the orderly administration of justice. I, Mr. Loro, intend to ensure the orderly administration of justice, in this case, as I would with any other case before me, even arguably, even arguably ambiguous statements from parties, or even their counsel that can threaten the process I will deal with accordingly. In addition, the more a party makes inflammatory statements about this case, which could taint the jury pool, the greater urgency will be that we proceed to trial quickly. I will take whatever measures are necessary to safeguard the integrity of these proceedings. Do you

understand Mr. Loro? Incredibly powerful stuff right there. Want to talk more about these proceedings and what also went down around the same time in the Southern District of Florida as Judge Eileen Cannon lost complete control of her courtroom after this quick break. Oh, hey, I didn't see you there. Look, everyone knows how annoying cheap razors are. The cuts, the irritation, the frustration.

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next. Head to Rone.com slash Legal AF and use promo legal a f to save 20% on your entire order. That's 20% on your entire order when you head to our H O and E slash legal a f promo code legal a f. Find your corner office. Welcome back to legal a f. We are live. I'm Ben. My cell is joined by the one and only Michael pop up where we last left off. I went over exactly word for word what Judd can judge Chutkin said to Donald Trump's lawyers at the hearing on Friday. And then shortly after the hearing, very expeditiously, she entered the protective

order. The protective order is keeping basically all of the documents that the government wanted confidential and remaining under seal. Certain categories of documents will be presumptively labeled sensitive materials. I saw some reporting that said, well, she did give Donald Trump lawyers what they were asking for. I get that. I don't fully buy that take, though, because all she was basically saying to the government is that not every single document could be viewed as presumptively sensitive material, like there has to be certain categories and limitations, which the government was always fine with from the outset.

The government basically got everything they wanted. So I don't really get that take that was so. This both sides is him. I saw NPR's report. I saw a couple of other commentators reports about mixed bag ruling by the judge. You have to, you have to make a major stretch to find that Donald Trump got any bone at all from, from Judge Chutkin. She threw him one bone and it was completely, I'm sure, expected as you just anticipated, been by the government that they would only

be able to protect sensitive information from his constant use of it in social media posts and at rallies, but everything else would be sort of fair game and subject to the public domain. And because, you know, as you said earlier, it's not just, that's what John Loro always misses. It's not just the defendant, even the government that has speedy trial rights or the defendant. It's the public has a stake, has a place at the table. Public trials is the hallmark

of our criminal justice system. We don't do secret trials like in other countries that we're not supposed to be trying to emulate. We do public trials and the right to speedy trial act embodies that. So we have the right. This is why things generally in civil or criminal cases get unsealed and unredacted and given over to the public so they can help make their own decisions. We're going to talk at the end of the podcast about Hunter Biden and the new and special counsel and the report that will ultimately be generated from that and how much of that report or any of that report that would be disclosed to the public.

We'll talk about that. But that is the reason why. And that's the reason why, you know, after search war and so done being executed, you know, magistrate judges revisit, okay, you had all these redactions and black lines government. I'm gonna start stripping them away because the public has a right to know about these things. The most remarkable thing,

every other thing that happened in that hearing was against Donald Trump, Donald Trump's position anticipated his future argument, shut them down and got him drilled down to size. One thing that was very good in the transcript sort of reporting that you did. One comment that she made that I saw reported in another another from another reporter that was in the room is is that Judge Chutkin said to John Loro, that even ambiguous statements by the parties and their counsel, and she's looking at Trump when she's saying that, could be considered by the court

to intimidate witnesses or projected or possible jurors, and you need to tread lightly there. So she said, and I caution you and your client to take special care in your public statements, I will take whatever means are necessary to protect the integrity of my judicial process. Look, leaving that courtroom now, the judge is now set up and she's entered the order

right after that. Tripwires that Donald Trump will likely trigger and blow himself up. A, he can't help himself. B, his lawyers have absolutely no control over him or what he does on the rally or the campaign that that world they even say. We're not in charge of that world. We're just the lawyers. You're on her, you know, we're not handling his campaign

Okay, she has now gave the trip wires and every time he says something out loud Right, Donald Trump Jack Smith's team and we know there's people assigned to do this We'll take that transcript. We'll take that social media posting and they will do another filing and if people think this is a joke Right, what a federal judge says to a criminal defendant about the conditions of release and warnings like this one, they're not empty threats. We'll talk a little bit later. I'll do a hot take on it. We have a federal judge who gave a similar set of warnings about witness tampering and other things to Sam Bank been freed, the disgraced former founder of FTX.

And when he violated those many months later, because he was testing, putting his hand on the stove, seeing what he could get away with, the judge in New York is now putting him in jail, pretrial detention before trial, because of things that he said or did. It is no joke when a federal judge gives you instructions and warnings and cautions. And this is John Loro's problem. A, he doesn't listen and B, his client certainly doesn't

listen. As an old client of mine once said, I can tell it to you, but I cannot hear it for you. And now I don't think anybody's going to be shocked. And I think we're all rubbing our hands in, gluing waiting for it. When Donald Trump violates Judge Trutkin's instructions and the federal government puts her on notice, and she calls another hearing and sets sanctions for it. Does it lead to him ultimately being taken off the campaign trail

and put it in federal detention center? I don't know, but there'll be, there'll be severe sanctions if he violates her, her instructions. And I think it's going to justify her setting this trial date on January 2nd, 2024, which is what Donald Trump fears the most. And I think what the government's going to do before the next hearing, which by the way is scheduled for August 28th where that will be a trial set in conference. They're going to say judge you said at the August 11th

Friday hearing that Donald Trump's threats were one of the reasons also why there needs to be a speedy trial date to avoid the taint of the jury pool intentionally trying to be caused by Trump. Here's a list of all of the statements he's made before. Here is a list of the statements that he has made after, and it's going to put Donald Trump's lawyers there, John Loro and Blanche in a bit of a bind, and I think that's going to be a very, very powerful hearing. And I think she's going to set an early trial date going through the protective work. And before you move on, Sorry, just one last thing about

speedy trial just because there's a lot of misinformation that's being promulcated by John Loro on television. And I want to give you and you do too are our audience some insulator about that and hold on some pole star to follow speedy one of the reasons that you just you just laid out and the judges is is referencing is baked into the Speedy trial act, which is if there is a chance that the defendant, though presumed innocent, could go on a crime spree and continue to commit crimes or as a bad person, you get them to

trial quicker because they'll get their day in court and justice will be done. It is a justification as she is saying, this isn't a chucked in rule. This is baked into constitutional analysis around the speedy trial act and its purposes. And she is basically telling Loro, one of the reasons I might put a trial earlier

is because your client is misbehaving. And therefore, I won't put him in pretrialtrial detention, but he's going to get his trial faster not sooner We'll see what a jury does about it. Going through the protective order in under 60 seconds right now that was just entered Because I want to speak a lot about judge Eileen Cannon Paragraph one of the protective order explains that it doesn't apply to information that is publicly available paragraph two says that sensitive materials which the United States may designate in accordance with paragraph eight below

Our subject to the protective order paragraph three says it may not be disclosed to people other than authorized Persons which are defined as the counsel of for Donald Trump in this case and the parties of this case. You go to paragraph 8, it talks about what material shall be considered sensitive. This is the information produced during the grand jury process. Recording transcripts, interviews, materials obtained from other governmental entities, materials obtained through search war. So basically everything that special counsel, Jack Smith wanted, the grand jury testimony itself, and it also limits how Donald Trump can access the material.

He has to access it with his lawyers. He can take electronics in when he access it. He can take handwritten notes, but Trump can take handwritten notes about personal identifying information. take handwritten notes, but Trump can take handwritten notes about personal identifying information, can have electronic devices when he reviews the discovery material, but who are we getting Donald Trump doesn't read anything. So I doubt he will even be looking at it based on those limitations in the first place. And if he does, there would be severe sanctions, included contempt.

And again, Donald Trump could be thrown in jail for that. I want to go compare, though, everything we just talked about to what was going on in judge I lean cannons courtroom, because the contrast could not be more stark. So while you have judge Chuck and expeditiously moving it along, this was an order that was issued by cannon. It was an order striking filings and ordering briefing. And what went down in this order, it was in response to special counsel, Jack Smith requesting what's called a Garcia hearing in the criminal federal system. A Garcia hearing is where there are unwaivable conflicts of

injuries by a defense lawyer in the case. In this case, Stanley Woodward, who represents Trump's co-defendant, Waltean Nauta also represents or represented at least three other witnesses, and he's being paid by Donald Trump's political action group, and some of the other witnesses have testimony against Waltean Nauta. For example, Woodward used to represent Y of Tavares who provided the critical information on the newest, co-defendant Carlos de Olivaera. And so there's all these conflicts, so special counsel, Jack Smith said, Judge, we need a Garcia hearing and underground jury secrecy.

Here are the transcripts that show this conflict of interest. Judge Eileen Cannon gave an order striking the sealed filing, saying that there was not good cause shown by Jack Smith, demonstrated by Jack Smith. And Jack Smith's like, what are you talking about? Like it's grand jury secrecy. I'm trying to give you the information about why there are these dangerous conflicts of interest, potentially rising to the level of ethical violations that should not be going

on. You're just striking grand jury secrecy filings, but it goes beyond just striking the filing. She then says in her order, and it came out of nowhere, she goes to Walty Nauta's lawyer of the Stanley Woodward, who would be the subject of the Garcia hearing. Among other topics, as raised in the motion, the response shall address the legal propriety of using an ad of district grand jury proceeding to continue to investigate and or seek post indictment hearings on matters pertinent to the incident and died in matter in this

district. The special counsel shall respond to that discussion in a reply and support of the motion. Do honor before August 22, 2023. The remaining defendants may but are not required to submit their briefs by August 17th. Then she drops this footnote one that says this request for supplemental briefing is not intended to substitute and or limit any future motion brought pursuant to federal rule of criminal procedure 12b, which among other things is for a motion to dismiss the indictment. So she's signaling to Trump's lawyers and Walty, now to his lawyers.

I don't think you could read it any other way that they could try to seek to dismiss the indictment based on, I don't know, grand jury impropriety. And then she's inviting a discussion. And then, but she's doing the few things here at the same time. She's striking Jack Smith from filing under seal grand jury material, which are sacrosync, which are secret. That's why you saw in Judge Chutkin's protective order

that I just showed you that material is deemed sensitive material and is always filed under seal. You don't need to bring any sweeping motions. It's always under seal. And now Judge Cannon wants the parties to brief about what matters are going on in a Washington, D.C. Grand jury that is still hearing evidence about Donald Trump's crimes.

In what in a manner that's not going to be secret because she keeps striking them. So she's gonna create and she's created this legal Quagmire not to mention there's nothing wrong with having another grand jury in Washington DC It also shows you she's doing the same thing she did in 2022 where she tried to assert jurisdiction over things that don't belong to her Yes, Judge alien cannon the case before you don't belong to her. Yes, Judge Eileen Cannon, the case before you, unfortunately, is before you. And you have jurisdiction over that. Special counsel, Jack Smith used a grand jury from the Southern District of Florida to indict in the Southern District of Florida. He could

have a grand jury in another state or another district investigating crimes that have a nexus to that grand jury. That's not a controversial proposition, but she's doing the same thing. The 11th Circuit slapped her down and there are other orders saying, stop taking jurisdiction over things that don't belong to you, can it? And she wants it all because she wants the control in my view to try to help Donald Trump here. And that's why she's raising this issue.

But then it's also like, put back where do this issue even come from? And then what we found out, thanks to the sleuthing of Andrew Weisman, former federal prosecutor distinguished, that the night before she issued this order, that order was issued on a Monday, the night before that, on Fox, one of Trump's surrogates and former lawyers,

Jim trustee went on the mark of an angel. That's how mark of an angel. He goes, down the amount and, tellrogates and former lawyers, Jim trusty went on the mark, Levin show, that's how Mark Levin ducks, he goes, down the amount and tell me I'm an trusty, and it says, I don't know, you know, the kind, they're, they're all like super villain characters, like you can't make these people up. What, what tell me how corrupt this is trusty? And Jim trusty made that argument, which trusty knows better. He's a former federal prosecutor. He knows it's total BS.

But then she took that argument and put it in this order, Suasponte, meaning on her own initiative. And then, you know, Trump's lawyers were like, well, I guess we could just ask her for anything. So why don't we ask her to order the construction of a skiff in Mar-a- Laga, like in the crime scene. So pop up, talk to us about Judge Allen Cannon. Yeah, and I'm hard hitting, we don't blow smoke or sunshine on the show, but I still practice in the Southern District of Florida. So I'll give you my view of what's going on.

We seem to have the same problem with Judge Chukkin. I'm Judge Cannon that we had with her in the summer and despite having been admonished by the 11th Circuit about her exercising jurisdiction and sticking her judicial nose in places it doesn't belong and constitutionally doesn't belong. It looks like she's kind of doing it all over again. And the sharp contrast that you mentioned, the stark contrast that you mentioned, is that you have one federal judge who's properly with justice being blind in her courtroom with Judge Chutkin, telling the criminal defendant in front of her,

who happens to be named Donald Trump, who happens to have a day job of running for office, who happens to have been a former president, that he's not gonna get any slack cut, he's not gonna be treated any differently. And you can trust that with Eileen Cannon, who literally has said in writing during the Mara Lagos search warrant interference. I'll call it for interference. If anybody's interfering,

it's the federal judge interfering with an ongoing criminal investigation at that time, pre-intitement. She said, well, there are special circumstances. She said the exact opposite. And this is what's this is the problem. This is what's in the the transum of her mind and and animates her decision making is that she believes that because this guy in front of her is a former president that she needs to bend over backwards and accommodate him in ways she would never do to any other normal criminal defendant and nobody else on the federal bench with experience believes that. And then that gets her because that is a warped understanding

of both who she has in front of her, the constitutional rights that he may have in her role in that process. She's always off on the wrong foot when she makes her decisions because her judgment is impaired because she doesn't understand her role, that she's in charge, that he has speedy trial,

six amendment rights, but that's the limits. Instead, she bends over backwards, and then because they know they have an umpire to continue my baseball analogies, because they know they have an umpire with a strike zone that's, that's whacked. They just keep pounding her strike zone, hoping that they'll get the pitch called their way. So when you have a judge that you think is off-kilter and is in favor of creating special rules and special accommodations, then you do things like saying, for instance,

in the request, which is, I can't even say it out loud without almost laughing, but the fact that they're putting in front of her, there's a good chance she could rule on it. The argument on this, let's start with the argument on the skiff and then I'll go back to her argument about grand juries, which is a fundamental misunderstanding of the federal rules on grand juries, the Department of Justice manual about grand juries, and how they're used. And we'll talk about that in a minute. You're right, by the way. Jim trusty saying, and on Fox News or whatever,

Jim trusty does know better, but he also knows, because he worked next to Jack Smith in the headed similar division at the Department of Maine Justice, but he knows he's got a week, a week off-kilter judge who doesn't have good judgment to know pun intended when she makes these kind of decisions because she's totally besottened with Donald Trump in front of her. So on the skiff, they'll say, you know what?

Why don't we ask to rebuild the special secret, double secret probation reviewing room for classified information and let him do it at Mar-a-Lago or maybe Bedminster in New Jersey or he can take it on the road with him or whatever because uh... short because as john laurel wrote with Todd blanche these are exceptional and unusual circumstances meaning Donald Trump former president currently on the campaign trail, to which Judge Chutkin in her courtroom said, I don't care what his day job is, politics is left at the court, the courthouse door, and it's not going to inflow it to me, but they have somebody who has said, I got a weird situation, I got a former president, I might

have to bend over backwards. So they're trying it. This should be rejected if she rules that they can reestablish the skiff that was present while he was president, but was taken away after he was president, no longer president, meaning when he was withholding all the documents, they weren't being held in a skiff. Then, and she allows them to do that, then that goes right to the 11th circuit and she's going to get, she's going to get slapped again. She's going to do that, then that goes right to the 11th circuit and she's going to get slapped again.

She's going to get bench slapped by them again on this particular issue. As to her suddenly coming up either independently because somebody in her household watch Fox news with the idea that she should somehow challenge the fact that there were two or more grand juries looking over similar issues for Mar-a-Lago. So let me just say this out loud because this gets missed. I saw every report in mainstream media, and no one put the analysis in there that you and I are about to do, which is one. You are allowed as a federal prosecutor to have multiple grand juries develop evidence, and you can take evidence developed in one grand jury, and you can bring it in to another grand jury.

It is literally an exception to the rule that governs grand juries, which I will cite. It's rule six. If you go to rule six of the federal rules of criminal procedure. And you go to little e subsection e3, little c in the hole, as we like to say in the business, that section has a expressed exception for prosecutors to take information from one grand jury and share it with another grand jury. As long as all of that, so in other words,

it allows hearsay to come from one grand jury into another grand jury, it's an exception to the rule that usually have to put live witnesses and evidence in front of the inditing grand jury. So the only reason that she knows about this is because it's not objectionable and it's nothing to hide. And Jack Smith's team, when they filed their papers looking for their Garcia hearing, mentioned in the chronology that there was a grand there is a grand jury in the district of Columbia looking at primarily

the obstruction of justice issues and obstruction of official proceeding issues. There is a grand jury in the southern district of Florida looking at those issues and a superseding indictment came out at the end of July, which we now know was based on the testimony of Mr. Tveris, the IT worker, who came, you know, which they were able to grab. I assume in the Southern District of Florida. It is not objectionable. It is not a violation of rule six, and the Department of Justice Manual, which guides prosecutors in their role based on the law as developed, says it's not appropriate.

Why is she sticking her nose and creating an issue for her to do mischief? Well, we know, I just answered, it's a rhetorical question. That's what she's doing. And this will, as you said, bed delay because she's gonna get it wrong because she gets it wrong every time

because she thinks she's got a special celebrity in front of her that gets new rules made for him, that don't exist in the Constitution or the federal rules of criminal procedure. And then the Department of Justice has to take an immediate expedited appeal to the 11th Circuit and then we burned a month and then all of a sudden she says, ah, now I can't do the May trial. That's off because we were jerking around with the appellate process.

The skiff shall screw that up too. If she will know, the next time we get together, she will screw it up. If she screws this up and says, sure, portable skiff, take it wherever you want. Put it in an RV, put it in bedminster, put it in wherever, Trump Tower, but wherever, because it's very inconvenient for him

to go to Miami where the skiff is located and have to look at documents. Now, there is one, again, these cases speak to each other. Shotkin thought that sort of making a lawyer babysit Donald Trump looking at documents, and these weren't even classified documents, was unreasonable. And she's going to let him look at documents. His notes have to be reviewed by the lawyers to make sure there's nothing in there that if you ever took these notes.

And that may bleed over. We're going to watch bleeding over and you and I will follow it closely and bring it to everybody's attention and legal life and in hot takes between what's going on in the world of Tonya Chuckkin judge and what's going on in the canon world and the positions that are taken because the Department of Justice is very careful about what they write in every one of their filings. Just as they were careful about, you know, in Twitter appealed because they didn't want to turn over all of Donald Trump's information about his Twitter account and how it was

operated and who operated it and they got fined because they were three days late. Talk about screwing around with a federal judge in their orders, screw around and find out you get $350,000 fine against you. It buried in there was a position that the Department of Justice took about what the Jan 6 prosecution is all about and what it's not all about. They are careful lawyers. The other side are sloppy lawyers, which are also married to a supremely rogue and sloppy client. And that's a rest. And then you got a judge who's very, very inexperienced. Look, I saw some, I'll leave it on this pen. I saw some former judges take to the airwaves and in writing to say they

had a little bit of empathy for Judge Cannon because she is so new and everybody makes mistakes when they first get on the bench. That's why you surround yourself and it looks like she isn't. You surround yourself with a really strong law clerk, a really strong courtroom deputy, a really strong bailiff, a really strong people to help you because you, let's be honest, you don't know what you're doing. And these are all first time things for her. So judges, when they first get on the bench, even Tanya Chutkin, nine years ago, ten years

ago, is not the Tanya Chutkin of today. But that doesn't mean she doesn't have to do her homework, consult with some other judges and consult with her staff and the law before she makes such off-kilter decisions. And again, fortunately, her corruption is matched by her inexperience and let's just say it's stupidity because that's actually created opportunity, which is why when ultimately Judge Cannon was assigned the case. I know that was freaking everybody out and rightfully so, you know, I said, don't worry about it. And

perhaps I could have given a, I thought I gave good context, but if I did it, you know, having the patients may or may not be the right word, but having been doing this for a very long time, litigating in federal courts and state courts and seeing how these things ultimately develop where you have kind of really bad checkers players and then you've got Jack Smith playing like a multi-dimensional eight games of chess at the same time, it creates opportunity where it may not be obvious at first. And the opportunity here is actually that I think the January 6th insurrection case is now gonna be tried first.

That puts Trump and jail for the rest of his lives. Put Trumps in prison forever. And so that right there is an opportunity that Jack Smith recognized. And ultimately, as Judge Cannon creates this legal quagmire, Jack Smith will go to the 11th Circuit Court of Appeal at some point in the near future. I think she will be overturned. And there's kind of a three strike role that seems to exist in the 11th Circuit precedent when it comes to judges, at exist in the 11th Circuit precedent when

it comes to judges, at least in the other case where a judge didn't self recuse. It was a case where the judge had gotten it wrong twice during sentencing. And finally, the 11th Circuit is like, you're office case. And you know, we'll see if that's a possibility here. And then ultimately, if you have the current calendar right of October 2nd, New York Attorney General, civil fraud case against Donald Trump for $250 million or seeking at least that, then you have the Jack Smith,

Washington DC Federal case, and then you have the Manhattan District Attorney case. We'll see where the Fulton County case comes in and then you have Canon, maybe Canon gets removed, but the willful retention of national defense information. At that point, with all of those cases going first, and then I forgot to mention E. Jean Carroll, civil case, the class action in January, 2024 as well, I'd be okay if the willful retention of national defense information case goes after it if it's all stacked like that. But we'll talk about what's going on

in Fulton County in just a moment. Everybody make sure you go to MidasTouch.com as well. We've got the best pro democracy content there. That's the new home of all things MidasTouch. MidasTouch.com our new homepage with all the breaking as touch, mightestouch.com, our new home page with all the breaking news we put all of our, the filings that we talk about there. Check that out and also check out store.mightestouch.com. Get that new legal AF gear. We're going to talk a lot about what's going on in Fulton County, what's going on with the appointment of the special council, but first we're going to take our last quick break of the day. My old mattress would overheat while my partner and I were laying in it together, making

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Visit AlexAnani.com right now to discover the confidence that comes with a perfectly accessorized piece of jewelry. Right now, Alex and Ani is offering our audience 20% off with code on percent off your order. Welcome back to legal AF. We are live. Let's talk about what's going on in Fulton County word breaking earlier in the day that former Georgia Republican lieutenant governor, Jeff Duncan has been told to appear Tuesday before a Fulton County grand jury to testify about efforts by Trump and his allies to overturn the 2020 presidential election in Georgia, he said earlier. On Saturday, you have Donald Trump spreading heinous defamatory statements about Fulton County District Attorney Fawni Willis lying and saying that she engaged in sexual relations with a gangster that she previously prosecuted, which is just completely and totally false.

She mentored a gang member while she was a public defender who said that she was like an aunt to him and based on that Donald Trump and Maga, just spreading these vicious, vicious lies, misogynistic racist lies reminded me a lot of what Donald Trump and Giuliani did to Ruby Freeman and Shane Moss when they said they were trafficking votes and ballots the same way they would traffic heroin and drugs.

I mean, real despicable racist misogynistic stuff that they are doing. And of course, Foni Willis told her staff, though, just rise above it. Let's be professional. I only show you one one thousandth of the threats that I get every single day. And be professional. Do not speak out about this publicly. We will have to our office in a professional matter.

But Popak, tell us what else is going on in Fulton County. We expect an indictment next week or in the next two weeks, at least. Oh, absolutely. Yeah, absolutely. No, I think it's next week. I mean, I was down in Fulton County trying to get it, whatever I could from the water and the air and talking to people.

There's some footage. I shot while I was there last week. And let's start. I'll leave the letter to you, which is the response showing the professionalism of Fannie Willis or Rose I like to call her full steam ahead Fannie. The three remaining witnesses that look like they're going to be called and one is already reported publicly because this is all grand jury work, meaning it's secret unless somebody like a witness reveals that they've been subpoenaed.

It's not coming out of Fannie Willis's office. There's her office actually in the video. It's coming out of the witnesses. So you have former GOP, former Republican Lieutenant Governor Jeff Duncan that we've talked about. You've got former Democratic State Senator, Jordan. And the one that I find the most interest in is a journalist. He used to be with the Atlantic Journal Constitution. George, I don't know if it's Chidey or Chidey, it's CHIDI, and I've looked at an announcement that he just made about being subpoenaed and where he comes in as the cast of characters is he accidentally walked into the fake electors as they were meeting and they threw him out of the room. He says in his posting on the intercept that he said,

I went to Georgia State Capitol on December 14, 2020 to watch the solemn and usually forgettable ritual of a casting of electoral votes. As Stacey Abrams led the Democratic delegation upstairs, Republicans sat in a reserved room on the Capitol's second floor to prepare a slate of their own. This is his reporting. The Republicans threw me out of the room, moments after I entered, camera phone in hand,

going live on Facebook. When I asked what kind of gathering they were having, they told me it was an education meeting as it turns out Donald Trump's election team had sent an email the previous night Instructing the group to maintain complete secrecy. This is the type of witness just the type of witness that that Fony Willis wants to put live in front of a grand jury for our audience This journalist and the others testified in front of the special purpose grand jury as part of the 75 witnesses who did. She could have elected just to have one of her staff get up on the stand and read the

transcript, but she thinks and you can tell from just the way he's written this, especially as a person whose job is word smithing and writing for a living that he'll be very, very compelling. Perhaps the members of the grand jury will know he is. He was a relatively well-known journalist and he might be the most interesting person that she brings in. Everybody will be riveted when he gives that kind of testimony. The two things I think are immutable facts. Is there going to be an indictment next week? Could it slip to the following week administratively? Maybe. But I think it's next week. It could

have been the prior week, except we knew there were three witnesses, including the one I just described, that had yet to receive their grand jury subpoenas and that Fawni and her infinite wisdom of how she wants to present her case, to get her, you know, she needs a 12 out of 23 grand jurors to vote for her indictment, an indictment as our colleague Karen Friedman

Niphalo who sought and obtained many an indictment in her almost 30 year career said is already prepared. It's already ready. It's not developed, it's not a collaboration, it's not a workshop with the grand jury. The prosecutor having presented all the evidence, then puts up on a big easel or up on electronic board, her indictment and says this is the indictment

and asks the jury and tries to count to 12 to get 12 people of the 23 that are in her grand jury box to indict. Now, the other immutable fact, I think, is that it's going to be much more sweeping of a civil, rico-type, racketeering, organized crime type conspiracy charge and the reporting on the ground, including in the Atlanta Journal Constitution that I just mentioned, is that upwards of 12 people, 11 more than just Donald Trump could be part of the indictment.

So whereas Jack Smith as a federal prosecutor and the way he's running this eight level chess game, as you mentioned, or eight boards, speech chess, chess game as a chess master is doing it. He has the luxury a bit to bring the indictment that would go for superseding a remended indictment on new evidence as it's obtained and then do individual indictments and sort of bring all of these planes in for landing at the appropriate times given the election season. Funny, funny Willis doesn't have that much of a luxury.

I think she's got to come out of the box with her entire indictment and all of her people. If the reporting is right that it's 12 or more, I think I've got a pretty good shot and I want to see what you think, Ben, at naming at least 11 out of the 12 that could be in that future indictment. And I did it on a Popok Porter board

which salty are, because I never get this red right with our graphics. There it is. So one is Trump. Two could be Mark Meadows. Three definitely Rudy Giuliani. Four definitely Sydney Powell, the lawyers. Five, the litigation bag holder for Giuliani, another lawyer, Jan Ellis, Michael Flynn, Lynn Wood, another lawyer who held

in one of his properties a conspiratorial meeting with Giuliani and Flynn in Powell to talk about how to overthrow the results in Georgia. And now it disbarred a lawyer in Georgia, David Schaeffer, who is the head of the Republican Party at present in Georgia, who is also part of the fake electors. Kathy Latham, who we'll talk about as one of the counts here, is she was the head of the GOP, the Republican Party in a small rural coffee county, Georgia population who knows what, but voted 70% for Donald Trump. And yet she allowed into, she opened the door and allowed into the election facilities. Cyber ninjas head Doug Logan who's up there on the board.

Paul Maggio. And here's some video of her doing that. She's in that little jacket. And these are the guys that are being led in literally in video, salty, you're so good at what you do as a producer. And that video is in the hands, not only of the Georgia Bureau of Investigation, but also with Jack Smith and Fony. Willis, the charge there is that she allowed Kathy Latham, allowed these people people cyber ninjas, an outside company that was also being used, that was hired by Sydney Powell called Sullivan Strickler to go in, hack the computers,

download confidential private voter information, and then give it to team crazy, all the lawyers that were filing these 80 or 90 cases around the country and trying to throw sand in the gears of justice and democracy. Everybody's confidential voter information, Republican, Democrat, and independent. Okay, so everybody should be up in arms about this. They thought they were doing nothing wrong. Apparently Doug Logan from Cyber Ninja is the same guy to the Arizona fraud. It left his business card next to the servers when the Georgia Bureau of investigation went to go and find out

Why did they let third parties in to download information that is going to be likely and this has been reported since last summer By the New York Times this cyber breach this computer breach as part of Fawney Willis' investigation. This is going to be one of her predicate acts. She needs two underlying predicate acts to support her conspiracy. One of them is going to be Kathy, Lafem, Paul Maggio, Doug Logan, and Sydney Powell and others, breaking into computers to steal voter data. So I think we're going to see that. And so that's my, I got 11. I had 12, but if you'll remember Ben and our audience, Bert Jones, who was a lieutenant governor, a Republican, she was enable Fannie Willis to prosecute him as part of our special purpose

grand jury at least, because she had done some sort of inadvertent campaigning for an opponent where she, where she did a fundraiser. And Judge McBernie, who's the chief judge of all these things, said, you know what, that doesn't look right. I'm going to turn that over to another prosecutor. So I don't think he would have been my 12th otherwise because of his role. One last reason, I think, one last data point that I picked up for next week being the week is judge. Mick Bernie is responsible for all things.

Grand jury on a rotated wheel next week and getting the gang back together again and reforming the band of Mick Bernie and Fawney Willis just seems too perfect for next week, given the way these grand jury subpoenas are coming out. And then because he knows it's coming, and Donald Trump keeps telling people at rallies and in fundraising efforts that he's about to get entited again, he can help himself to not just call her part of the fraud squad, which by the way is three quarters African-American. One being Jack Smith, one being Alvin Bragg and Manhattan one being Latisha James the attorney general of New York And the other big Fonney Willis so you can get the racial

Dog whistle that he blows every time he throws those pictures up But then he went forget the dog whistle He went he said the disgusting racist quiet part out loud Which I'm gonna let you talk about Ben, because you also got that letter. And then she had a respond funny willis to her team about these disgusting habits of, and by the way, these things that you're about to say,

this is what Republicans have done historically to try to drive a wedge between the American voter and who they wanna choose. Using racial tropes, welfare queens who have catalax, felons who are black who get out of jail and murder people to try to defeat democratic candidates has been going on for a hundred years. And this is just yet another example. Now, I hit some of it at the top of this segment. I mean, I don't wanna even give it all that much time because it's so disgusting, but Donald Trump accusing

Fony Willis, Fulton County District of attorney of having sex with the gangsters that she prosecutes. And when you go through, like, where's that even coming from? I mean, obviously it's so despicable and defamatory and Donald Trump makes things up. But like, where is this heinous lie? Like, is it rooted in something? And what propagandists do historically, dating back thousands of years, is they take a kernel of something and then they manipulated and lie about it. And Donald Trump's being represented by a lawyer to a lot of the hip hop stars,

which is probably how he got some information on Fony Willis. But when Fony Willis was a public defender, she helped rehabilitate some one of the clients that she was representing who said that she was like an aunt to him and it was like a loving family relationship and got him on the straight and narrow again and helped his life. And so based on something like that Donald Trump basically said, well, she has sex

with the people who she prosecutes and the gangsters and went out there and said it on multiple outlets, said it in a speech in New Hampshire, had Newsmax ask him the question in an interview, taking out ads about that, in addition to saying all the other heinous and horrific things about her, and then Foni will ascent a letter to her staff at the District Attorney's Office,

just letting them know that I know that you're all will be very protective of me and that you know, and that you're very supportive and would come to my defense, but please don't, you know, she basically says, please don't take the bait here. Do not respond. Nobody's above the law here. And I don't take things personally. I'm going to handle things in a very professional matter. I do not make any public comments about any of the things that you see right now or in the coming weeks and she signs it, Fulton County District Attorney Fony Willis, please

make it an absolutely phenomenal day and stay safe. And it's just one of the things that we talk about here time and time again on legal AF is an evidence-based legal system law and order. Look at what judge Chutkin is doing. Look at what judge Lewis Kaplan is doing. Look at what judges who just follow the law, no one's above the law. Look what they do and compare that to the judge, Eileen cannons, compare that to what Republicans are doing each and every day. And it shouldn't just be that, okay, well, there's one political party that follows evidence and the law.

Like that's, that shouldn't be what the system is, which both political parties should follow the law and evidence. It shouldn't be like, okay, that's the Democratic Party right now. But unfortunately, that's what it is. And the gas lighting is so outrageous and through the, I don't wanna belabor this Hunter Biden story because frankly, I don't, Hunter Biden was not in the government.

If Hunter Biden committed a crime, prosecute him, I really don't give a crap, frankly. What one way or another, okay? Unlike Jared Kushner and Ivanka who profited, we know this with evidence, not based on saying, oh, I think this happened, we know with evidence, they made $640 million when they were given positions in the government where they couldn't even secure

security clearances for. We know that Jared Kushner was put in control of Middle East policy of America and couldn't get a security clearance because he was compromised. And then the Saudi crown prince, MBS, that I have Kushner in my pocket and that Kushner may have given the crown prince a kill list, which then the crown prince used to kill his political enemies in Saudi Arabia and then gave Jared Kushner $2 billion to manage when Kushner was never a fund manager before. And then the Saudi sovereign wealth and golf tournament live gets played at all of Donald

Trump's golf courses or that Donald Trump has secret Chinese bank accounts that we know exists because they were discovered. There's actually evidence for that that he paid more money in taxes to China. I could go on this and do 10 podcasts on all of the egregious conduct, but the point is there's actually evidence to support criminal conduct there with Hunter Biden. If there was evidence to support Hunter Biden criminal conduct, go for it. I don't care. Hunter Biden, if there was evidence to support Hunter Biden, Criminal Conduct, go for it. I don't care. Hunter Biden is not representing the Biden administration. He's not in a position of power in our government. And there's absolutely zero, zero evidence that President Biden was involved in anything from fake audio recordings to fake whistle blowers to

saying, oh, bombshell testimony from Hunter Biden's business partner and then you take the testimony and the testimony says, well in any of the phone calls that I heard Biden never got involved in any business President Biden never got involved in any businesses. I've never heard any way that Biden actually Influenced anything at all of Hunter's businesses have no knowledge of that at all. And then what did the Magga Republicans go? Oh, well, it was revealed in the deposition testimony that there were 20 phone calls. Yeah, it was the dad calling his son that the issue is, are those 20 phone calls about businesses

and influencing business? And the witness said, no, that they were not about that. And that he has no knowledge that President Biden did any of the things that he's so it's just lie after lie. And then, Magger Republicans using Chinese spies as witnesses and Russian oligarchs as witnesses who don't even support what they say. But that's how desperate and non-evident space there. Then they're asked, well, do you have the evidence to support it? Hadn't he asked James Comer and Jim Jordan?

Do you have the evidence? And what do they go? Oh, we hope so. We hope so. There's a lot of smoke here. Yeah, you created the smoke. You created the smoke. You are the arsonist, and then you're smelling your own smoke

and saying, well, we hope so. That's exactly what our legal system is against. And their conduct would lead to them being sanctioned and losing their law licenses. Oh, wait a minute. They don't have law licenses in the first place. Jim Jordan never passed the bar exam. James Comer is not a lawyer.

And they don't give a crap about law and order and our legal system. They want to abolish the DOJ and the FBI because there are criminal investigations about domestic terrorists who want to destroy our government and our constitution. That folks is the modern day Republican Party. So the modern day Republican Party has been asking, Merrick Garland, can you appoint David Weiss as special counsel? And then the MAGA Republicans created a conspiracy theory that David Weiss requested to be appointed a special counsel

to investigate Hunter Biden crimes and that Garland refused to permit him to do that before. And then David Weiss sent multiple letters to the Republicans saying, that's not true. I have full authority to conduct this investigation, how I want to conduct my investigation. And I've never been limited by Marik Garland. In fact, Garland said, I could be appointed

a special counsel. Whatever I want to make that designation, I have full authority to do that. But the Magga Republicans said, no, you're lying. And David Weiss, like, I'm, I'm not lying. David Weiss was appointed by Donald Trump. David Weiss is a Republican. David Weiss initiated the Hunter Biden investigation while Trump was in office. And President Biden could have fired David Weiss. But because President Biden didn't even want the appearance of

Imperpriety he kept on the prosecutor appointed by Trump who was prosecuting his son when Biden would have been well within his rights To try to not to try to easily remove him You could always remove the prosecutors the United States attorneys appointed by the prior administration That's what everyone does like Like the only one, there was one other, but basically the only prosecutor from the Trump administration that Biden kept on is the one prosecuting his son, who Merrick Garland was then asked, will I have full authority? And Garland said, yes, David Weiss, you have full authority. And then Republicans created a conspiracy theory that David Weiss was now

a deep state operative working for Biden. So what happened? David Weiss was now a deep state operative working for Biden. So what happened? David Weiss entered into a plea agreement with Hunter Biden where Hunter Biden was treated far worse than anyone else with similar type of crimes. Paying taxes late, many people don't get criminally prosecuted for that. Two misdemeanors there and a gun charge while purchasing a gun while he was high, which the fifth circuit, as that is unconstitutional anyway. So those were the only three charges

that David Weiss investigated that there's actually evidence of, right? Because we've seen in mega-Republicans world when there's no evidence, prosecutors can't rely on Chinese spies, okay? I know mega-republicans think that's funny that they get to rely on spies from freaking China to attack American democracy,

but prosecutors in the court go, oh yeah, my star witness is the Chinese spy Iranian, Iranian, Libyan arms dealer who is lying about Hunter Biden because he wants a, you know, he doesn't want to go to jail. Or, you know, I'm going to rely on the Russian oligarch who works with Putin. No, the Maggar Republicans think that's okay, but the prosecutor charged the crimes and entered into a plea agreement with the ones that existed, which one else know where they're American we get charged with that and then a Trump appointed judge This doesn't get pointed out a lot a Trump appointed judge in Delaware

a lot of judge can and style basically broke up the plea agreement in court and Inquired and gave the plea agreement the the type of scrutiny that frankly doesn't exist in plea agreement. Normally a district judge would approve something like this. But this district court judge didn't, I'll leave it at that, imply what you want to imply from it, but the district court judge, after getting all of these letters from MAGA Republicans in Congress, all influenced the district court judge, sent her letters. You want to talk about real weaponization, how about the concerted campaign to try to break up

a plea agreement between the Republican United States attorney before a Trump appointed judge. So that took place. So then now that there is no plea agreement anymore, finally, the prosecutor because there is no a plea agreement. David Wise asks for special counsel status. This is what This was a letter sent by Marsha Blackburn a senator from Tennessee

Republican, Maga Republican and like 25 other Republicans, you know made this request and they There's almost every House Republican made this request, but it says dear attorney general Garland We the undersigned right to request that the United States attorney David Weiss be extended special counsel prosecution and authorities to conduct the hundred Biden investigation September 19th 2022 less than a year ago, okay? So now finally, this is because he had a requested it before, David Weiss requested special counsel status because the tax charges are outside the jurisdiction of Delaware. So now he needs to charge in other jurisdictions. That's why he needs special counsel status. He makes the request, Garland grants it right away, like he said, he was going to grant it right away. And now what are the Republicans say? I can show you a thousand tweets and posts or x's or whatever they'll, they're called these days.

But this is what Senator Marshall Black, but this is what they're all saying. Merrick Garland appointed David Weiss as a special counsel because he knows Weiss will protect Hunter. Now, this is the whole talking point that David Weiss, the Trump appointee, the Republican prosecutor who began the investigation under Trump is now a secret Biden operative and as one commentator put it And I think you know that the mega Republicans would only be happy if you had Rudy Giuliani or Sidney Powell Basically appointed as a special counsel at this point, but When we talk about all of these issues on the show,

it's really why I wanted to focus on that angle of this. I don't, you know, the Hunter Biden thing and the Hunter Biden story in general, to me, who gives a crap, frankly, prosecute him if there's a crime. But I wanted to focus on our evidence-based system because it ties in all of the things we talk about here on

Legal App. I'll give you the final word, Pope. Well, there's a reason you do a special prosecutor. So he has multi-cherestictional powers. And I think this is just another example of Merrick Garland sort of doing the right thing. We've got three special councils that have been appointed under Merrick Garland. We've got Jack Smith for all things Trump. We've got Weiss now for all things Hunter. And we've got Rob Hurr for the Biden document issue. And if you look at the Department of Justice guidelines and the law related to special counsel appointment,

28 CFR 6101, it was at this moment after the judge, Judge Norrica, who is Republican, but she's not MAGA, that the prosecution and the defense screwed up that plea deal, the one that it was going to be a gun charge, deferred prosecution, and some tax charge. And they acted, both sides actually didn't do well in front of judge Norrica, who was had problems with the plea deal. And now post that hearing a month ago, it looks like the deal has fallen apart because they want the ability from the prosecution side to continue to investigate Hunter Biden

and Hunter Biden wanted to put this thing to bed with the plea deal. And therefore, at the moment, when it fell apart, David Weiss asked for broader powers because just as a one-minute primer, US attorneys have jurisdiction over criminal contact that happens in their jurisdiction. There are things that are alleged to have involved Hunter Biden, but not Joe Biden. That happened in California. That happened in the District of Columbia that happened in other places other than Delaware. And he would have to get David Weiss as a US attorney. He'd have to get cooperation to have those things happen and those other jurisdictions,

including developing witness testimony, not as a special counsel. He can kind of cross border, go into different jurisdictions and pursue this. This should, it won't, as you already noted. This should satisfy anybody's argument that David Weiss after five years is somehow conflicted and he can't properly prosecute Hunter Biden. He asked for special counsel powers and he got them.

You're not going to give it to him before he's asked for it. The maggot don't like is they don't like David Weiss even though he was Trump appointed. They want somebody else, as you said, like a Rudy Giuliani type of Sydney Powell to be the special counsel. One, at one time, Sydney Powell was considered to be a special counsel. And, and now they're bargaining, they're doing all this in the shadow of a judge who already who expressed sort of skepticism about the original plea deal.

Doesn't mean there's not going to be a plea deal in the future, but it is more likely that 100 Biden is going to be indicted within the next several months based on the now the special counsel appointment. And again, back to your original point, who cares? I'll make two last historical comments. One, every White House family has had a black sheep in it that has caused the president some sort of embarrassment. Every one of them, Billy Carter urinated on a runway while Jimmy Carter was president coming off of a plane. But I didn't vote for Billy

Carter, okay? I didn't vote for anybody else in their family and every president and his immediate family has made some money off the guy being in the White House. Every one of them from Eisenhower to Nixon to Ford to Bush every family has used the fact that somebody close to them was the president of the United States to make more money for them into the future. It is not a crime. It's called capitalism, and it's allowed that other people that are investors or that are business partners think that there's a halo effect about having Uncle Joe be in the family tree. That's not Uncle Joe's fault, and that's not his problem.

And that other people around them made money on boards of directors serving on boards or a charitable foundations or setting up foundations. I mean, I love Barack Obama and Barack Obama had no money when he went into the White House. He's one of the poorest presidents ever in terms of his financial condition. And now he and his wife have made tens of millions of dollars based on the fact that he was once president, not a community organizer, president of the United States, and it's okay. What's not okay is what you said, which is you use your official position in the White

House while you're in the White House to feather your nest and line your pockets with money, which is what the Trump of crime family did and continue to do, including requiring people that came to town to stay at the hotel that they used to own and pump up the revenue for that hotel and then everything that you just described about Jared Kushner. It's a big who cares. It's the only thing. This is the last thing that the Republicans have to talk about. And they're apparently, now they're just going to waste their entire two years when they have the house going after Joe, a hundred Biden because they can't go after Joe Biden. They have

no grounds to impeach him. And they're trying to make weight. It's trying to be a make weight to, to distract from the very real fact-based, evidence-based prosecutions against their fearless leader. That's all it is. We have to give it a little bit of time because we want to arm people with facts so they can debate it in the streets and around their dinner table, but that's the only reason. The fact that we gave it 22 minutes of our podcast doesn't mean it has any type of equal weight. It says like a bowling ball and a feather in terms of a comparison on the scales of justice

related to Donald Trump versus not Joe Biden. Joe Biden's wayward son who had a dark problem for three years with drugs. But the weight that we're giving it, I have no care. I don't care about Hunter Biden. So like that's not it's not covering it because here's, you know, here's what happened. I want to show the difference between what an evidence-based system is and what mega-republicans are trying to do in the hypocrisy that they exhibit each and every day. I'd say this though about the judge where I have a slight disagreement with you. If the defendant was not hunter-biden and anybody else,

number one, wouldn't be charged with those three crimes in the first place because very rarely are those crimes actually charged, but fine, charged the crimes. But then the plea agreement would have, the judge would not have peppered those types of questions and the plea agreement would not have been ripped apart that way. The bottom line I think is that the judge felt pressure. She's not, no criminal experience before being appointed by Trump in 2017 or 2018, intellectual property lawyer.

I think that she felt pressure from a lot of the mega Republicans in the Senate and in the House. It was a hotbed, it was a hotbed political issue. And if she ever wanted to get appointed to the Circuit Court of Appeals or have career advancement, if she blessed that plea deal, I think she recognized that she would be exactly what they do to David Weiss and Tarnish him. She didn't want that. I can't tell you why I'd just agree with that and I'll just leave it on this. I happen to know her. I knew her when she was in practice at Morris Nichols.

And she's being considered or had been considered by Joe Biden to be on the DC Federal Circuit, which is the place where Pat, she's a patent lawyer. And I don't know if she's currently considering her, but he had been considering her to elevate her to the federal circuit court, Joe Biden, even though she was a Trump appointee. Her reputation was not MAGA. Well, she's feeling pressure from other people, I don't know, but I can tell you that it was the gang

that couldn't shoot straight based on the reporting in terms of the government making sausage in front of her about what were the terms and the dimensions of the plea deal. And the fact she couldn't get straight answers from either David Weiss' team or from the defense team. I'm not sure any other federal judge would have done anything differently. She may be off the list now from Joe Biden. But Joe Biden's the kind of person that would be like, I don't care what she's doing about my son. I think she's the right person for the DC federal circuit who's going to deal with patent

cases that I'm going to elevate her. That would be so Joe Biden if he if he did that. And lastly, just to remind people, Joe Biden has already announced through his press secretary that if whatever happens with an indictment or and or conviction of his son, he is not going to, he's not going to pardon or give him clemency. That is so different from what the Donald Trump has said, which is basically not only am I going to pardon everybody. I want to pledge from everybody running for the Republican nomination that they will pardon me and everybody else because of the weaponized Department of Justice. Just

just shows you the sharp contrast between the Democrats and the Republicans when it comes to justice in this country. Well, it'll sure be interesting to see now if David Weiss calls the Chinese spy, the Russian oligarch, and finds the 17 fake audio recordings. And you'll see what an evidence-based system looks like and we'll, you know, so to be continued there, but folks, such an honor to spend this time with all of you, the beat down, I think I'm mixing my shows, the legal a efforts, the beat down brigade, stays in the pot, stays in the legal a f the legal a furs, all of you, you know,

but it's true, you know, whether you're a beat down brigade or a legal a furs all of you, you know, but it's true, you know, whether you're a beat down brigade or a legal a fur, a minus mighty, a luminary from lights on across the spectrum of shows that we have. We're honored to have you here sharing this moment with you and we really greatly appreciate everything you do for this pro democracy community check out mightestouch.com for all of the breaking news of course make sure you check back on our YouTube channel mightestouch.com is the complement to our YouTube channel and our podcast the new destination for all things pro democracy the new destination for all things, pro-democracy, constant updates of all the breaking news, and we've got some of the best writers,

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If you can't otherwise just share and spread these videos. Get the new legal AF gear. Karen Friedman Agnifola was rocking it. Today I saw her post store.mightestouch.com store.mightestouch.com 100% made in the USA 100% union made things are just heating up in all of these prosecutions of Trump and I have to say Popeyes, we've been pretty close in all of our predictions on when these cases would be filed where they would be filed and what would be going down. I'm proud of the record that we have

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