Legal AF by MeidasTouch - Trump MASSIVE LEGAL LOSSES Pile Up as Jack Smith CLOSES IN

Episode Date: July 9, 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) whether the proposed Securities and Exchange Commission civil enforcement staff settlement with the “Trump” SPAC where they admitted to fraud and offered to pay $18 million will be approved by the SEC to allow the merger to go through; 2) Rudy Giuliani facing having his second bar license this one in DC, yanked for participating in fraud and attacking democracy; 3) Alina Habba getting fired as Trump’s attorney as he sends her over to his PAC; 4) jack smith going after Trump and his interference with the Arizona election as he moves to conclude his investigation; 5) the DOJ appealing and moving to stay an unconstitutional injunction issued by a Trump federal judge preventing the entire Biden Administration from making contact with social media companies, and so much more. DEALS FROM OUR SPONSORS! EIGHT SLEEP: Go to https://eightsleep.com/legalaf and save $150 on the Pod Cover 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! 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 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript
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Starting point is 00:00:00 The Donald Trump SPAC Digital World Acquisition Corp announced this week a settlement in principle with the Securities and Exchange Commission agreeing to pay an $18 million fine and receive a cease and desist order for violating the exact anti-fra fraud provisions of the Securities and Exchange Commission Act that we told you about that we thought they violated. We talked to you about it here on legal and what about two years ago when the SPAC merger with Trump media was announced and guessed this, Trump media and Donald Trump does not want to sign the settlement agreement that the SPAC has agreed to.
Starting point is 00:00:46 We will break that all down. Speaking of breaking down, Rudy Giuliani say bye bye to your legal license once again. After having his license suspended in New York, the Washington D.C. Committee on Professional Responsibility just issued its own ruling, recommending that Rudy Giuliani lose his license in Washington D.C. for making patently frivolous filings, attacking our democracy. It came up with the new theme song here, Popeyes. Rudy Giuliani, where are you?
Starting point is 00:01:23 You're losing your bar license again. I'm working on that anyway. Speaking of who's working on it, special counsel, Jack Smith moves closer. He's working hard on another criminal indictment against Donald Trump. This one for 2020 election interference. This week we learned about some more subpoenas
Starting point is 00:01:43 being issued by Jack Smith and Jack Smith's focus on the infamous meeting that took place at the White House in December of 2020 where Mike Flynn, Giuliani and Sydney Powell tried to get Donald Trump to declare Marshall law and they also plotted more of their crimes together. Also in the pending criminal case by Jack Smith in the Southern District of Florida for Trump and his co-defendant, Walty Nauta's willful retention of national and defense information, obstruction of justice and conspiracy and making false statements, Walty Nauta, Trump's co-defendant, finally found a lawyer and had
Starting point is 00:02:27 his arraignment held where he pled not guilty. Well, it kind of sort of found a lawyer we will talk about who he hired. Meanwhile, Trump's sort of kind of lawyer, Alina Habba, who is the opposite of the Midas touch, the Mi'du's touch, was demoted and removed from all of Trump's legal cases by Donald Trump. This was announced in a press release, and it was announced that she would be placed as the General Counsel get this of Trump's political action group
Starting point is 00:02:56 that I believe is also under criminal investigation. Millions of dollars in sanctions and a trail of lies and disgrace, Good job, Alina Habba. Maga stands for Make Attorneys. Get attorneys. And finally, a Trump-appointed federal judge in Louisiana issued a very bizarre and dangerous ruling ordering rule in ordering there be an injunction preventing the Biden administration and the various executive departments and agencies from contacting social media companies in order to persuade them or provide them or urge them
Starting point is 00:03:36 to publish accurate information on things like the COVID pandemic and election disinformation, which the judge says is discrimination against conservative speech by providing social media companies with the accurate information. The Department of Justice has filed an appeal and a request to stay that will be heard next week by the 5th court of appeals. We believe this ruling to be patently unconstitutional here on legal a f. We'll see what the fifth
Starting point is 00:04:10 circuit court of appeals do. Does Michael popok? How are you? I'm excited for another day of legal a f you got you got me jazzed up with that theme song. Do you remember when we were in our real garage band mode as a podcast, we first started, and we used to have a jingle about updates, updates, we've got updates. That's where we were two and a half years ago. We were coming up with jingles, but I like the Giuliani one.
Starting point is 00:04:36 And you'll, I know you're working on a MAGA, make a turn to get a turn to one, because I can see it. I can see your creative juices, your wheel. I see smoke coming out of your ears. Now there's definitely smoke and where there's smoke, there's fire and that's what we saw right away when this SPAC merger was announced
Starting point is 00:04:56 between digital world acquisition company and Trump media. Just to remind you, a SPAC is a special purpose acquisition company, sometimes referred to as a blank check company. It's one of the paths to bring a private company public. You know the traditional IPO path, but the SPAC is, this blank check company takes in a bunch of money from investors. The SPAC's supposed to basically say, hey, we're a sophisticated group of financial people and we're going to go out and we're going to
Starting point is 00:05:30 find a target company that we are going to bring that target company public using our financial skills and financial background. It is a big no-no. It is unlawful for a SPAC. When the SPAC goes public, before it has conversations with the target company to have communications or identify the actual target company before the SPAC goes public. So before digital world acquisition company announces that it is going public and receiving all of this money from investors. It could really only say, hey, we're looking for certain industry sectors. If it had communications with Trump media, if it had communications with people in Donald Trump's
Starting point is 00:06:18 orbit about a merger before going public, and that was of course not disclosed in their initial filing and in their merger documents. The initial filing is called an S1. The merger filing is called an S4. If that is not announced, that is a crime. That is unlawful. That is a violation of securities and exchange commission law. It violates anti-Fraud provisions and it's additionally unlawful where your S1 and your S4 do not make those disclosures that you engaged in those violations. And so we always felt here come on this is an obvious example of a violation of that because normally when a SPAC goes out and finds a target company the target company existed. goes out and finds a target company, the target company existed. Okay, before.
Starting point is 00:07:06 It had financials, it had EBITDA, it had a way to say, okay, this company is valued at this amount. Look at its financials, look at its projections. Well, Trump media didn't even exist before. And so when there was this announcement after digital world acquisition company when public shortly thereafter, even exist before. And so when there was this announcement, after Digital World Acquisition Company went public shortly thereafter, that its intention was to merge with Trump media and Trump media was going to create a social media
Starting point is 00:07:34 company, which ultimately became true social. But that had never existed before. And Digital World Acquisition Company said it was looking for a company with a valuation of 500 million to $2 billion. Well, that Trump media didn't fit that criteria. Trump media didn't have financials. So how could you have arranged this in the interest of the shareholders if there were no unlawful communications taking place before the SPAC itself went public. And it seems that that's exactly what took place here, according to a new filing by Digital World Acquisition Company. There's this $18 million settlement that they have agreed in principle
Starting point is 00:08:16 to enter into with the SEC for violating the anti-fraud provisions for having these communications, that predate the announcement of the SPAC going public. And what's also interesting though, when you look at this is, you know, Trump media, which has a right to enter into the settlement has a right for all material settlement agreements to try to veto or stop a settlement agreement. It has to agree to material settlement agreements over a hundred thousand dollars
Starting point is 00:08:48 They've withheld consent and so digital world acquisition companies going forward with the settlement agreement even though Donald Trump and Trump media are saying we don't Consent to that want to get your take on that there and also in the same filing pop-up what I found was interesting there. And also in the same filing, Popok, what I found was interesting. These SPACs have a liquidation date where they have to return money to investors if they don't have a merger by a certain date. The liquidation date has already been extended. It's now been previously to September of 2023. And the SPAC has asked to move that a year more. So September 2024, because it's actually impossible for a merger to take place by September 2023, given all of the investigations, given this settlement, given all the other
Starting point is 00:09:35 machinations taking place. And it actually says here in the disclosure documents that Trump media is also disagreeing with that. They wanted to go in September of 2023, even though that seems to be impracticable. So what do you make of this filing in this resolution? Yeah, let me, that's that's a great overview. Let me talk about it from some bit of experience. I've had experience with the current chairman of the SEC Gary Gensler. I want to talk about him and with the Republicans, Maga and Congress are trying to do to remove him, why he's important to this mix, both he and the other four commissioners of the SEC because as you rightly laid out, Ben, this is a proposed settlement, the terms
Starting point is 00:10:17 of which are not yet reduced to writing or in paper, the public company, which is on NASDAQ, one of the exchanges, DWAC had to reveal as part of the securities laws by way of an 8K, as you said, disclosure form, what was happening. They let the SEC know, I'm sure the SEC approved the enforcement division, approved the language of the 8K. So there wouldn't be another fraudulent misstatement by DWAC. They were already admitting to a series of fraudulent misstatement securities fraud in their initial public offering documents, which now have to be amended. As you said, it looks like the terms of the proposed settlement.
Starting point is 00:11:04 I'll get to the role of the SEC commissioners in a minute. And then the role of Congress and MAGA trying to destabilize the SEC. Because I think that's all relevant to whether this ultimately gets approved by the five member commission, which is led by Gary Gensler and has four Democrats and one hold out Republican. It's been there since Trump stays. I'm not sure it's a four-gong conclusion that even though the SEC Enforcement Division,
Starting point is 00:11:32 which is staff, is recommending to the SEC itself the five member SEC Securities and Exchange Commission, I'm not sure it's a four-gong conclusion that they're going to agree to this, and it's up to them. The SEC Enforcement Division makes a presentation. They put together a bundle and agenda package. They list their memo on top, which we have not seen and we likely will not see, which will recommend why they think the $18 million, the cease-sentest, getting the allowing, the ultimate merger to go through, which I was a little
Starting point is 00:12:06 surprised by, frankly, is all appropriate and all it should, and they're recommending it, and the rationale, citing case loss, citing public policy, citing other internal memos of the SEC. But it's up to these five. And Gary Gensler has no love affair with Trump or the right wing of the Republican party. They don't have one with him. Just earlier in June, the MAGA in the House Finance Committee proposed a bill called the SEC Stabilization Act. There is a little bit of or will or well-einvent vocabulary. They're going
Starting point is 00:12:45 to stabilize the SEC by defanging it, taking away its powers and taking away the powers of its chairman, because they don't like Gary Gensler going after, wait for this crypto and regulating crypto through the SEC. And they've made a number of public filings, lawsuits against major crypto companies in the last two months. It's been a major issue for Gensler to regulate crypto through the SEC, but Congress doesn't like it and the people that propose the act to disband the SEC. Don't like it because they've been lobbied by crypto and they have a lot of money in their bank accounts and their fundraising accounts because of crypto.
Starting point is 00:13:22 So they want to get rid of him. Keep that in mind as to whether the recommendation by the staff is going to be accepted by the four member, four Democrats led by Gary Gensler and the one Republican on there. And it's a majority vote that decides. So that's still up in the air. Now, DWAC had to announce this to the public market because there's still a public company listed on NASDAQ at present. So you and I are gonna have to continue to report about
Starting point is 00:13:50 when that vote goes up in the next month or two or next month, whether that gets accepted or not. I did find it fascinating how quickly this went, recall everyone in our audience that Ben, you and I just reported a week ago or so that there were two major events related to the to the back to the Trump we call it the Trump's back, but it's really the D. W. A. C. back acquiring Trump media, which owns truth social, but that's a mouthful. So we like to call it the Trump's back. Trump's back. DWAC, which by the way, the price after the settlement was announced, went up 12%.
Starting point is 00:14:28 I mean, it's down a whole bunch from its high, but it went up 12% based on this announced proposed maybe settlement that's subject to further approval. But from the two weeks ago, you and I said there were two things that happened. There was a civil case, a civil enforcement action filed by the SEC and federal court. And we had insider trading criminal charges announced against one of the board members for tipping information about the acquisition to others outside the company in which they ran up $22 million in profit illegal for insider information trading. So that criminal charges were announced at the same time, the civil case. Now a week or two later, the civil case, this is the proposed settlement of that civil case.
Starting point is 00:15:16 Because if they don't get the civil case, they have absolutely no chance, zero, at getting the merger approved, which means Trump won't get his $1 billion that he's been waiting to get, and they don't get their money. Several hundred million dollars is being the black check company and the profits that go to them when a merger finally happens. There's a lot of money at stake here, but they can't just to kind of bring everybody up to date on SEC practice. Now that the issue is before the SEC, they're in the box, meaning there can be no lobbying of the commissioner, the chairpeople, at all, by Trump or the SPAC.
Starting point is 00:15:58 This is now, they are in a cone of silence, and it's now between the enforcement division, staff, and the SEC and presentation and Trump and others can't call because that would be illegal lobbying and they don't take those phone calls. So you and I are going to see what's going to happen, but the reality is if this doesn't go through, and I don't think it's going to, it's definitely not going through by this September, if they don't get the extension and this doesn't go through, then Trump doesn't get his billion, the SPAC, the DWAC doesn't get its several hundred million dollars.
Starting point is 00:16:28 And you're right. I thought it was fascinating, and I circled it as you did in the 8K disclosure, when they said that Trump media company has veto power over settlements above $100,000, and that they revealed, because they had to in the 8K, and the SEC is reviewing this 8K before it got published said that we have no consent by Trump media at the present time and they can terminate
Starting point is 00:16:52 the deal if they don't like the fact that we're settling for $18 million coming out of, where's it coming out of? It's coming out of the suckers who invested in the in the blank check vehicle. It's not coming out of anybody else's. So, and that could piss off, of course, the merger. I mean, the investors who bought, are like, wait, my $18 million is going first to settle securities fraud. I don't wanna be involved with that. So, there was a lot, right, right, right.
Starting point is 00:17:17 Is that where my money went? I didn't buy into that. So, we're gonna have to see. There's a lot, there's very, very many moving parts here. Trump world moving parts, SEC moving parts, and then we got the backdrop of the politics where they're attacking Gary Gensler. Now, he could say, I'm bigger than that.
Starting point is 00:17:34 I don't care the Republicans are attacking me. I'm going to make the right decision here. But he's also a human being. And he puts his pants on one leg at a time. He used to be the head of the CFTC and he was very aggressive. That, when I was working in financial services, the CFTC, the commodities and futures trading agency that regulates commodities and futures, different than securities, it was sort of a more abundant agency, didn't have a big budget, it was known to settle easily, like you
Starting point is 00:18:03 didn't really care to be frank. You didn't really get worried that the CFTC was knocking on the door. He took over, Gary Gensler, and it became super muscular, super robust. He got very aggressive, and he was auditioning to become the head of the SEC if Biden won the election.
Starting point is 00:18:19 He's auditioning now, frankly, to be the head of Treasury, to be the Treasury Secretary, if Biden wins a second term and probably yell and stepstown. So we've got a lot going on here, not just, you know, SPAC settles proposed settlement. There's a lot here, and you and I think, did what we have to do to unpack it. You know, and speaking of moving parts, you know, I see in the comments and people have
Starting point is 00:18:40 said, well, this should be criminal. Why isn't the criminal? There's still a criminal investigation just because the DOJ indicted the individuals for insider trading doesn't necessarily mean the DOJ is done investigating criminal conduct, that issue between the potential merger of the SPAC and Trump media. And what we see here in the filings is Trump media, Donald Trump doing what Trump always does, right? Almost looks like, this is what I think is going on, if you read between the lines of this filing, throwing the SPAC under the bus,
Starting point is 00:19:16 basically saying we're not gonna sign it, we didn't do anything wrong, you're the one who did it wrong, that's why, we're not consenting to this. Meanwhile, let's remember where all of the information that the SEC and DOJ got originated from. You know where it originated from, right, Popok? Trump, media, and actual whistleblower.
Starting point is 00:19:38 That's why in these mega Republicans, what do they always do? It's always projection, right? It's always dystopian. Because there are real whistleblowers who go out there and provide information about the crimes of Magi Republicans of Trump. The Magi Republicans are, I was like, oh, we need our whistleblowers too, except their fake. Their evidence is not real and doesn't exist.
Starting point is 00:20:00 But where the information originated from here is a guy named Will Wilkerson, who was one of the founders of the Truth Social Concept and Trump media, who Trump screwed over, and Wil Wilkerson then went to the SEC and DOJ and said, here are all the emails, here are all the documents, here is what we did wrong, here is the fraud that was committed, and that's one of the things that helped initiate the investigation. I mean, we hear new anecdotally and we could be predictive of the crimes committed by analyzing the data when the merger was announced, looking at the trading patterns. That's how we were able to make that prediction. However, when you have an insider who says,
Starting point is 00:20:42 yeah, yeah, yeah, Ben and Popo, you were right about that. You didn't say that specifically, but the documents are reflective of that. That's what ultimately led to the SEC DOJ investigations. Those are still taking place. And so what will be very interesting right now is this September date, September 2023, is the SPAC going to get this continuous extension through 2024. I think that there's going to be a lot of litigation around that. I think like all Trump things, I think we'll start seeing lawsuits being filed over this potential agreement.
Starting point is 00:21:17 And ultimately, too, one of the reasons that Trump media is going to be trying to throw this SPAC under the buses because, hey, if you are essentially stipulating to a cease-to-sist order of fraud being committed by Trump media and the SPAC in terms of these improper communications, that could also be used against Donald Trump and other proceedings. So that's why Donald Trump's likely going to be throwing them under the bus, which we see. So I don't know, Trump's likely going to be throwing them under the bus, which we see, but we know that everything Donald Trump touches gets thrown under the bus and creators and crashes. That is his legacy. One fun fact on your Will Wilkerson thing.
Starting point is 00:21:56 The reason they were squeezing Will Wilkerson and it became basically Trump created his own whistleblower is because Trump wasn't, wasn't satisfied with like 90% of the equity, the stock interest. They wanted to get Will Wilkerson's five or six percent whatever it was and give it to Melania. So Melania is also indirectly wrapped in this because they didn't piss Will Wilkerson off by trying to squeeze out, squeeze him out and give his small slice of equity, ownership to Melania. He probably wouldn't have been a whistleblower.
Starting point is 00:22:29 So you're back to projection. He creates his own, he created Jack Smith because of how he acted and the way he went after Merrick Garland. And he created his own whistleblower. This is what he does. This is why you and I are on the air. Well, and this is why though, we need to really, really, really push back against it.
Starting point is 00:22:53 It's just so dangerous. And yes, he creates these things along the way because he is such a dangerous thing. And finally, people say, I can't take it anymore. Like, we gotta make sure we all come together dangerous thing. And finally, you know, people say, I can't take it anymore. Like we got a, we got to make sure we all come together and, and we stopped the speaking about throwing people under the bus. How about Rudy Giuliani? And by the way, Rudy Giuliani's been awfully quiet lately, right? I mean, after we learned about that proper agreement, and session with
Starting point is 00:23:21 special counsel, Jack Smith, where Rudy Giuliani essentially is part of a proper agreement would have agreed to tell special counsel Jack Smith everything he knew about Donald Trump's conduct about all of the meetings Giuliani was at. Haven't really heard much from Rudy Giuliani, but we did hear from the Washington DC board of professional responsibilities making and order that Rudy Giuliani would lose his legal
Starting point is 00:23:45 license. We'll talk more about that when we come back from this quick break. My old mattress would overheat while my partner and I were laying in it together, making for a terrible night's sleep. I'm so excited to say that this episode is brought to you by eight sleep. Summer is reaching its apex and there's nothing worse than tossing, turning, or sweating in the night because of summer heat. The pod cover by 8 sleep will keep you cool all night, all the way down to 55 degrees Fahrenheit, so you wake up fully refreshed. The pod cover by 8 sleep fits on any bed like a fitted sheet. The pod cover will improve your sleep by automatically adjusting the temperature on each side of the bed based on your and your partner's individual needs.
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Starting point is 00:28:37 By the way great great sponsors make sure you check him out and I want to say I Love that eight sleep. I use the eight sleep and people are saying well Ben. You don't get sleep. I have proof that I get sleep thanks to eight sleep. There it is right there. I got a 94 score for good sleep. I don't even know what that is. But I can assure you people, Ben gets his rest and some sort of hyperbaric chamber. You need to explore the eight sleep app better there, Popoac, because that right there is the eight sleep app. It's a it is a game changer. It's a game changer for me. I truly it truly is. I talked to everybody about the thing. I'm like, I'm actually getting sleep now. So anyway, going on. Any another order from this time, the Washington, DC, Board of Professional Responsibility Ordering that Giuliani lose his legal license in Washington, DC.
Starting point is 00:29:31 Giuliani had a bar license in numerous states, and now kind of one by one, he's getting suspended or disbarred and can't practice law in any of the states. For whatever reason, Giuliani was fighting to keep his license in Washington, DC. And it's just like a cascading cluster, you know what? For Giuliani right now is many people say this is the find out stage for Giuliani. But what before I pass it to you, Pope, I just found this order to be very well written by the DC Board of Professional Responsibility. You know, and rarely do you talk about orders from committees
Starting point is 00:30:08 on professional responsibility. But this one was like really well-written. And this is what it says on page 35 of the ruling. It says, Mr. Giuliani's rash overstatement, claiming the election was stolen, had no evidence to support it. His utter disregard for facts denigrates the legal profession. It goes on to say, Giuliani has not acknowledged or accepted responsibility for his misconduct
Starting point is 00:30:38 to the contrary. He has declared his indignation, quote, shocked and offended, quoting the trial's transcript transcript over being subjected to disciplinary process. Quote, I really believe I've been persecuted for three or four years. Giuliani said during the trial and suggests merely an informal admonition or reprimand as an appropriate sanction. In view of respondents and transidents, we are convinced that a sanction must be enhanced to ensure that it adequately deters both respondent Giuliani and other attorneys from acting similarly
Starting point is 00:31:12 in the future. Finally, public confidence in our courts, the law and the legal profession are very much at stake in this unprecedented case. We cannot blind ourselves to the broader context in which Mr. Giuliani's misconduct took place. It was calculated to undermine the basic premise of our democratic form of government. The elections are determined by the voters, moving on. Since John Adams established the precedent, in 1800, no president until 2020 refused to accept defeat and step away from that office. And no lawyer until 2020 used frivolous claims of election fraud
Starting point is 00:31:54 to impede the peaceful transition of presidential power and disenfranchise hundreds of thousands of voters. Mr. Giuliani's efforts to undermine the integrity of the 2020 presidential election has helped destabilize our democracy. His malicious and meritless claims have done lasting damage and are antagonistic to the oath that he took. And then in other places of the order, you know, it sights what Giuliani said about the filing of the complaint and it talks about like on page 14 how Giuliani commenced this litigation without commenced litigation on behalf of Donald Trump in 2020 without evidence and that its core factual claims were true. He admits it much.
Starting point is 00:32:42 And then it quotes what Giuliani says. It's why reading these transcripts and seeing what Giuliani says to the media versus what he says in court is an important distinction. That's why we read these transcripts. This is what Giuliani admits, maintaining that quote, it was a fast-moving case. And so it, quote, did not permit him to investigate fully his client, Donald Trump's position as he would normally do in any other case. But even without supporting evidence, he just thought, well, I could just draw inferences and file the lawsuit.
Starting point is 00:33:15 And then Giuliani described filing a complaint as a in the footnote. It says Giuliani called filing complaints like a prediction. He goes, you know, when I file a complaint, I don't know if it's true or not. I'm just going to predict. And that's how I view my legal responsibilities. That was Giuliani's own testimony. What'd you think, Boba? Oh, boy.
Starting point is 00:33:34 Where do we start here? Okay. Let's start with Rudy Giuliani's suspended in New York. His New York license has been suspended for over a year and a half because he failed to participate in the bar Reviewed disciplinary process there here in DC He did not have a default entered against him in effect because in the DC December hearing it's hard to believe you and I talked about this in December of
Starting point is 00:34:02 2022, which was when the hearing was he went out and hired Barry Cayman's former administrative judge and judge for the New York State Supreme Court, who has his own private practice now, where he focuses on criminal law and representing lawyers about to be disbarred. That's Cayman's, he needs a decent lawyer and he was a decent judge.
Starting point is 00:34:20 So, but he got a guy, and then of course, that the hearing that you and I reported on in December. This is why the decision is no shock or surprise to you, me or our audience. We reported that Giuliani was his own worst enemy. He couldn't shut up during the hearing. He talked out of turn, came and lost control of him. He started, like you said, and this is the things that ended up hanging him in his own, and hoisting him on his own, putard in the order. These are statements that the guy made as well out loud what he shouldn't be speaking at the hearing in December, that the panel just came, the three judge, a three member panel,
Starting point is 00:34:56 just came back and nailed them with here. Let me just explain a couple of things. Rudy Giuliani was once, was once many years ago, like 40 years ago, the US Attorney for the Southern District of New York, he was a federal prosecutor. After he was a federal prosecutor, whereas the top dog in that office, the US Attorney, he rarely went to court and he rarely did any of his own work. If at all, he may have tried one or two cases at tops his entire time as a federal prosecutor. He then became a mayor where he tried zero cases for another 10, for another five or 10
Starting point is 00:35:39 years. He then went into private practice and I don't remember a case of at all of import that he represented a client in where he was the lead trial attorney. He was mainly and has been mainly a lobbyist, consultant, board member. People wanted the former now disgraced but formerly America's mayor to be on their boards and to lobby and consult. Remember he lobbied in Ukraine which got him almost indicted for not being a properly registered foreign agent. That's what he did He wasn't like what you and I do, Ben
Starting point is 00:36:16 He wasn't a litigator. He wasn't a trial lawyer in the courts of America So the fact that that was who Donald Trump chose with Sydney Powell, who we're going to talk about later, and a segment about what Jack Smith is focusing on in terms of the meeting in December of 2020 in the White House that lasted six hours led by Rudy Giuliani. He's not a trial lawyer. So the fact that he was filing lawsuits and trying to be a lead trial lawyer and talking about what I normally do when I represent a client. The reality is he represented very few clients, if any, in courts for 30 years.
Starting point is 00:36:51 So I don't even know what, you know, talk about, he lost his fastball. He was not prepared to handle cases like this and no wonder as the judge imp, is this all stems from a filing in Pennsylvania. Rudy Giuliani was responsible for dozens of filings around the country. We're gonna talk about another one in Arizona.
Starting point is 00:37:12 Arizona, all seven battleground states, the Trump identified that he had to run the table on and flip from Biden to Trump with fake electors and lawsuits. All those cases, it was Rudy Giuliani, Sidney Powell, Linwood, Jenna Ellis, but really led by Rudy Giuliani. I mean, Rudy Giuliani was, and I did it in a hot take, was referred to by other more sensible,
Starting point is 00:37:36 sober lawyers who work for Donald Trump on the White House as team abnormal. He led team crazy. He was team crazy. And then the other lawyers that were you and I are going to talk about when we get to the December White House meeting were like team normal. So team Ab Normal filed this case in Pennsylvania. The judge in Pennsylvania said, and this is the basis for the disciplinary action against Juliannie here said it was a Frankenstein of a filing stitched together from all sorts of
Starting point is 00:38:08 disparate places without any background, any evidence, any due diligence, which all lawyers have to do in exercise. They have an obligation as officers of the court. We are all officers of the court. We are testifying to the court every time we sign a pleading that what we are writing has a good faith basis in law and in fact That was not existed the in the judge in Pennsylvania said so and that's what the three judge panel in the district of Columbia it now goes from their recommendation with the very well written elegant as you said Decision findings against him. He has one more place to stop his, I think this is the last of his licenses from being yanked.
Starting point is 00:38:52 And that is not federal, but the territory of DC's appellate court, the DC court of appeals for the District of Columbia, not the federal, the District of Columbia. He then goes there in front of a star chamber of, you know, panel of three or whatever it's going to be there to argue, I guess, his lawyer will that whatever he did wrong wasn't appropriate. It wasn't, shouldn't be grounds for having his bar license bolt. They've already let, let out, you said he's been very quiet. He has, but he's let his surrogate say things like, this is the type of thing that happens
Starting point is 00:39:28 in the Soviet Union. That was one of his political spokespeople, you know, his Stephen Chung that works for Rudy Giuliani. He came and said, we're going to vigorously appeal, which is appropriate for the lawyer to say, but Rudy's not that completely silent. So Rudy has, and you and I have outlined this over the last month, he's got his problems with the defamation case by Ruby Freeman and Sheamus in the District of Columbia because he lied about them in voter fraud allegations in Fulton County, Georgia, and he's going to lose big time with huge dollar amounts in front of
Starting point is 00:40:06 formerly chief judge, Barrel Howell in the District of Columbia. He's gotten sanctioned for misconduct in discovery in that case. He lost his New York license because he didn't participate in the process. He's about to lose his Washington, DC license. Yes, he's cooperating in some way with Jack Smith and the special prosecutor's office, but I still suspect that I said it last week on the podcast that he's going to be indicted criminally for, unless he cuts some sort of major deal and really flips on Donald Trump, both in Fulton County, Georgia, with Fawni Willis and Jack Smith, when Jack Smith
Starting point is 00:40:42 gets around later this, this month, maybe next week to another round of indictments. So, from one Trump lawyer to another, I think that Alina Habba should be looking at what's happening to Giuliani and what, what happened to Michael Cohen and other Trump lawyers and say, you know what, maybe I shouldn't be doing this, but no, Alina Habba. She's already all in. She's been sanctioned with Donald Trump almost $1 million by a federal judge in the Southern District of Florida. Judge Middlebrook, she and Trump are appealing that order. But here's what the order said. This case should never have been brought. It's inadequacy as a legal claim was evident from the start. No reasonable
Starting point is 00:41:26 lawyer would have filed it intended for a political purpose. None of the counts of the amended complaint stated a cognizable legal claim. 31 individuals and entities were needlessly harmed in order to dishonestly advance a political narrative, a continuing pattern of misuse of the courts by Mr. Trump and his lawyers undermine the rule of law, portrays judges as partisan, and diverts resources from those who have actually suffered legal harm. And then there's another order as well from Judge Middlebrook's as part of the Sanctions so who is responsible for this case and others like this? The rule of law is undermined by the toxic combination of political fundraising with legal fees paid by political action committees reckless and factually untrue statements by lawyers He's referring to Alina Haba at rallies and in the media, and efforts to advance a political
Starting point is 00:42:25 narrative through lawsuits without a factual basis or any cognizable legal theory. Lawyers are enabling this behavior, and I am pessimistic that rule 11 alone can effectively stem this abuse. Aspects may be beyond the purview of the judiciary requiring attention of the bar and disciplinary authorities, intent intent state bars, time to initiate proceedings against Alina Haba. Additional sanctions may be appropriate, but legal filings like those that issue here should be sanctioned under rule 11, both to penalize this conduct and deter similar conduct by these
Starting point is 00:43:00 lawyers and others. And these lawyers in that case was a case brought by Alina Haban, behalf of Donald Trump against Hillary Clinton and 31 other individuals. It was like an incomprehensible complaint that again stated like no legal claims. It was like putting Trump's social media posts together in this lawsuit. And the judge was like, what in the world is this? And Alina Habad just last week or in the past two weeks brought another case for Donald Trump. This one against E. Jean Carroll suing E. Jean Carroll for defamation as a cross complaint to E. Jean Carroll's amended complaint. E. Jean Carroll filed an amended complaint based on Donald Trump's statements at the so-called CNN town hall to ask for additional punitive
Starting point is 00:43:45 damages in the remaining defamation case. Remember, EGIN Carroll had two defamation cases, one that already went to trial, she won five million dollars. There was another case that went through the court of appeals, that one is still pending, set to go to trial in January of 2024, EGIN Carroll filed an amended complaint to judge approve that and then in response rather than just answering the complaint or responding, you had Alina Habba file on behalf of Donald Trump, a cross complaint suing EGN Carol for defamation, even though EGN Carol won, as we described that is an incredibly frivolous lawsuit that we almost certainly expect Alina Haba to be sanctioned for in this new statement that was issued by Donald Trump. He basically says that they're
Starting point is 00:44:32 moving Alina Haba to the political action arm, the Save America political action organization. They act like this is a promotion for her and they say they're removing her off the New York Attorney General case and the other cases. That's the $250 million civil fraud case brought by New York Attorney General Letitia James where Alina Haba and Donald Trump also, Trump was held in contempt in the special proceeding that predated the filing and I think was sanctioned over $100,000 for discovery abuses. And then when Alina Habafild, the declaration to cure
Starting point is 00:45:11 the contempt order by Justice Arthur and Goran, she essentially admitted that she went into Trump's office and saw classified material. Because she said she was there and did a search. We knew the classified material was there. And but she said she claims she didn't see anything but it was at the time when he was concealing classified information. So from Giuliani to Habba. Yeah, we we we shorted the list of lawyers that are in deep deep trouble.
Starting point is 00:45:38 We've got John Eastman about to lose his bar license. Lin Wood to avoid losing his bar license in Georgia, resigned and retired from the practice of law, but that's all on Trump. You, as I was making the list when we were getting ready, Michael Cohen, of course, with jail having been the insider fixer for Donald Trump. Giuliani, we talked about suspension and DC and New York. And then you've got the lawyers
Starting point is 00:46:05 like Evan Corcoran and Christina Bob, who were found to have participated or at least been unwittingly a part of a crime fraud by Donald Trump related to Mar-a-Lago. And so they've had a higher their own criminal defense lawyers. And Evan Corcoran's had a leave being the lawyer for Donald Trump. And then Sidney Powell almost law talk about her when we get to the segment on Jack Smith focusing on this December 18, 2020 meeting. She just missed getting her license suspended because she lives in Texas to the Texas Supreme Court kind of rallyed around her. But in any other state she would have already been disbarred.
Starting point is 00:46:42 Jenna Ellis had to admit that she propagated and promoted lies about the election in order to save her bar license. And now Alina Habba, and this is a classic case of frying pan meat fire. She's decided to jump out of the frying pan where she's been a dead bang loser time and time again for Donald Trump. As I used to, as I used to joke, but it sounds like I'll have to retire the joke. If Alina Habba files it, we know it doesn't have any merit. She lost the E. Jean Carol case. She lost it before she even tried it because she didn't, he didn't even have confidence in her to try the case. She sat there like Arm Candy for Joe Takapina. For the entire trial, didn't do
Starting point is 00:47:23 a darn thing, didn't say a darn thing, except when it came time to having somebody file, as you said, Ben, the new case against E. Jean Carroll defaming Donald Trump because gosh darn it, he's not a rapist, he's a sexual abuser, which is the premise of their entire suit. Who did he grab to do that? Who will file anything, anything that he tells her to? Alina Habba, you know, the person he met in 2019 at the Bedminster Golf Course because she joined as a member and he walks around because he owns the place and that's how they met. He said,
Starting point is 00:47:55 I think she's a very fine lawyer. I've heard she's very, I'm a stark give it a few cases. She's had a couple of small wins for him. She scared the crap out of an apprentice employee, a summer service who was claimed that she had a sexual relationship by Donald Trump and then he claimed that she defamed him, sound familiar. She won that because she threatened to go after a summer and she dropped the case.
Starting point is 00:48:20 And that was her big how she got on the map with Donald Trump. He liked, he liked the cut of her jib because she did that for him. And she had a, she's has sort of a minor success against Mary Trump in a case that's still sort of kicking around, but everything else that matters. The New York Attorney General case for $250 million, the case to, to, to, on sexual abuse by, by E. Jean Carroll, the case down in Florida, all the bet the company cases. He's now to continue to use my baseball analogies. Donald Trump has kicked her upstairs, right?
Starting point is 00:48:53 You know, like George Steinbredner, you need to take the manager and make him the general manager, get him off the field. He's gotten her off the field. And now she's going to be, and this is scary for everybody in concern. She just doesn't know it. It's scary for Trump. It's scary for her and scary for the public. She has absolutely no experience as a federal election commission lawyer. That is who usually becomes the general counsel of political action committees. It's right there in the title, political action committees. She has zero
Starting point is 00:49:25 experience, except a year ago, he put her on the board of the MAGA Inc. pack, which is separate from the Save America pack. And she was in, she's made an advisor there, always, you know, mixing business with pleasure, you know, her politics with her, you know, being an advocate for him. That started over a year ago. But now, with another quote from Steven Chung, my favorite spokesperson for Donald Trump, one day we're gonna put a picture of Steven Chung up to show you what that guy looks like.
Starting point is 00:49:57 He said, oh, it's a big promotion for her. She's, there's just so much to do. She did a great job against all those witch hunt cases, but she's gonna be full-time spokesperson. That's what she belongs. She should really be on Fox news or something as a spokesperson and general counsel for which she has absolutely no experience, but that's never stopped her before from from getting over her skis. And as you said, just to tie it together, the Save America Pack is in the crosshairs of the criminal investigation by Jack Smith and his team of prosecutors. This is like volunteering to be the captain of a Titanic after it's hit the iceberg. But this is Alina Habba. So nobody should be shocked by this.
Starting point is 00:50:41 You know, she thinks she's Don Quijote, tilting it windmills on behalf of Donald Trump. They had an interview of her, I don't know if you caught up a year or a seven ago, when she got on the map. For the first year and a half of legal IF, we never had to say Alina Habba's name because we didn't know who she was and she wasn't yet connected to Donald Trump. But now we have, this is what happens when you do too much research before the podcast. Her father is a gastroenterologist in New Jersey and he came up with the Habas Syndrome, which is some sort of gastroenter, it's a real thing. I have the Habas, I think Donald Trump has the Habas Syndrome because he continues to
Starting point is 00:51:20 double down on her even though she's just leading him to his ultimate demise. So, I have the Hoppacitrum, but one last thing on that, she and the interviews, they did with her, they went to her house, they met the family, the husband's a commercial real estate investor, and she has, like, under glass glass her two mega hats signed by Donald Trump. In her office, she has with that Sharpie pen that he likes to use on, except what he's ripping them up and hiding them from the, from the investigators and the FBI. You know, he signed something that's a good job, you know, when she got rid of the server, the, uh, server service lawsuit for him, but she is MAGA right wing all the way. And I'm sure she joined that golf course
Starting point is 00:52:11 in order to bump in the Donald Trump to try to get his business. And little did she know, since no other firm, legitimate firm will represent him. None. It was a match made in hell. It was perfect. So for those wondering,
Starting point is 00:52:27 Habesindrum is defined as an association. Habesindrum is defined as an association between chronic diarrhea and a dysfunctional gallbladder which produces an abnormal amount of bile. The condition is responsible for symptoms that are usually very distressing and may cause social embarrassment and interference with daily activities. You come for the law and you learn about the medical terms of Habes syndrome. But knowing Habes syndrome, I don't want to apply it to D-D-Do Michael
Starting point is 00:53:08 Popeye. I'm not really sure where you're going there, but I'm going to apply that to, I think it's the app name for the Habasindrum. Now that I know that that's actually a medical term, I'm so glad I didn't make that up because I knew you were going to look it up. No, I got to look everything up for the legal a effort is out there. By the way, I love seeing all of these.
Starting point is 00:53:29 Are you seeing these popok emojis in the chat? There's nothing better than when I see them. I'll create a me emoji and an emoji of my brothers, but I don't want to dilute this specialness of the popok emoji right now, because it brings me so much joy. And if you're wondering, hey, I want to do a Popock emoji or a Jack Smith emoji. If you become a member of our YouTube channel, you hit that dollar sign on the bottom of our YouTube page.
Starting point is 00:53:57 And you could become a member. If you're already a member, you can gift others in this room, a membership. If you want to receive a membership as a gift, you can also click the dollar sign and say that you wanna be eligible to receive a membership gift. It will be really cool one day to see everybody,
Starting point is 00:54:15 the tens of thousands of people who watch this live and the hundreds of thousands and millions of people who watch this after the show goes live that everybody has a membership at the YouTube. And by the way, we don't have outside investors here at the Midas Touch Network. So it's one of the ways we grow this platform and support the platform by shunning outside investors. And I think it's just a fun way to do it. We've got to talk about special counsel, Jack Smith, moves definitely seems like he's moving closer
Starting point is 00:54:49 to another criminal indictment. Some moves this week, heard a lot about what was going on in subpoenas to Arizona, Secretary of State, Adrian Fonte is there, and other moves by Jack Smith and Arizona earlier this year, but we're learning about those. Now, we also learned about the special council, Jack Smith, is focused a lot on what took place at this December 18th, 2020,
Starting point is 00:55:14 meeting where team crazy with Donald Trump, who's part of team crazy, were plotting how to overthrow and destroy our democracy. Let's talk about that, Popok, right after this quick break. This is Michael Popok from Legal AF. If you like me, you understand the pains of choosing what to wear. Let's face it, most clothes are uncomfortable or too tight or are never actually the size you really are.
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Starting point is 00:57:41 I love our sponsors. This is great. Support our sponsors. They support our pro democracy content and another way you can support our network. But we stand behind all of our sponsors here on legal a f and throughout the mightest touch network. It's very important for us that we curate the right sponsors here. All right. Let's get into it. Special counsel Jack Smith some big moves this week. Remember, there is the criminal investigation still taking place into Donald Trump's election interference and indictment has not yet taken place there. We expect one to occur in the next few months. That's into Donald Trump's conduct relating to the January 6th insurrection, the fake electors scheme, money laundering, wire fraud, campaign finance violations, threats and extortion over
Starting point is 00:58:31 local and state election officials. And then of course, there is the ongoing criminal case. The indictment was brought earlier in June and the arrangement was held for Donald Trump at least on June 13th. And that case is proceeding where the 38-count indictment alleges a willful retention of national defense information, obstruction of justice, making false statements, and conspiracy among other counts. Donald Trump's co-defendant, Walt Nauta, was not arraigned at the June 13th arraignment claiming that he couldn't find a local attorney license to practice law in Florida.
Starting point is 00:59:10 He had his out of state attorney hired by Donald Trump, but he needed his local attorney. Then comes June 27th. Walton out of state lawyer shows up. Judge, we still can't find a lawyer. And guess what? Walton out to miss the arraignment date, the flight got canceled. Wow, it wasn't planning ahead.
Starting point is 00:59:28 We need one more continuance. Please give us one more. Federal judge was like fine. We'll give you one more. July 6th hearing with an hour, with an hours before the hearing, we learned that he had finally hired a local Florida lawyer. Sasha Dayton is her name. She advertises on this sex crime defense team website.
Starting point is 00:59:50 She's also a personal injury lawyer. If you're hurt in an auto accident call, that a date and do not call her. I'm saying that's just what her ad says. I would not advertise. That's not a sponsor of the puck. Not a sponsor at all. And then some other kind of weird posts that she's made along the way,
Starting point is 01:00:14 like if you get caught in a hot mess, call dated behind a law, again, do not call them. And it's, I guess, a wait, wait, leave that up for a minute. And we invite people to use that as a meme related to Donald Trump. And we'll look at him next week. If you're caught exactly, exactly caught in a hot mess. So the arraignment took place. Walt now to pled not guilty. The other update just to report is Judge Eileen Kennan set a certification of compliance date that the Trump lawyers complied with their SEAPA certifications that they have to file that before July 13th and on July 14th
Starting point is 01:00:55 of this upcoming week there's going to be I think the first big hearing taking place. It's a status conference. Trump and Walt Nowett to don't have to show up just the lawyers on procedures for the case under SEPA classified information procedures act also look for a filing on July 10th That's going to be made by truck that's due to be made by Trump's lawyers and Walt Nowett as lawyers to respond to the request by special counsel Jack Smith to set the trial date. Jack Smith wants that trial date which is currently set for August which is really a placeholder date. August 23. Jack Smith wants it December 12th of 2023. Jack Smith setting the stage for a 2023
Starting point is 01:01:41 trial. I think it will be an easy prediction for me to make this. That Trump's lawyers are going to request that the trial be set for, I don't know, 60, 90 days out or even a status conference be held 60, 90 days out after the 2024 election. So maybe even in 2025 to have a status conference and a trial setting, then I think special counsel Jack Smith by asking for this 2023 date knows Trump's gonna be asking for a 2025 date or even a later I think Trump asks for a status conference in 2025 not even a date But we'll see I think Jack Smith was trying to position this for a February March 2024 trial
Starting point is 01:02:27 But that's gonna be the big ruling by Judge Eileen Cannon, once she rules on the dueling requests of when the trial date is going to be. But lots of other news in Jack Smith's world as well, from subpoenas in Arizona to focusing on the December 18, 2020 meeting at the White House and more. Let me pass it to you, Popuck. Yeah, let me just go back to the, so we don't freak everybody out. I don't think there's a very good chance at all that Donald Trump will be successful to push the case out beyond the election.
Starting point is 01:03:00 Having already laid down the marker, the judge in August, setting it very quickly on the Speedy Trial Act rules, and then the prosecutor saying, no good in August, judge, how about December? I don't think she's going to entertain ultimately any kind of good faith argument that on a Mar-a-Lago Espionage, moving of boxes cases, which frankly, as exciting as it is, and as devastating as it is the democracy, it's not that complicated of a case. And that's what the Department of Justice told her in the original filing. I think maybe she gives them another three or four months and puts it, like, you want it during primary season?
Starting point is 01:03:42 I'm happy to do it before, but I'm not gonna let you wait till after primary season and certainly not till after the election. An interesting thing is there's polling that came out last week, but I'm sure you caught it, maybe you and the brothers talked about it. The vast majority of Americans, including the majority of Republicans,
Starting point is 01:03:59 want that trial to be before the primaries and before the nominating period, not after, which is very interesting. That's being driven by the non-Maga Republicans, of course, of the Republican wing and of course the Democrats and the independents. People want to see this ruled upon. And if he's convicted, he's convicted. And maybe, of course, that goes into their voting decision.
Starting point is 01:04:25 And if he's, if he's somehow absolved and he wins and he's set free, then they want to know that too. So that's very interesting. The American people, once again, surprising me, surprising me, but in a good way about where they would like this trial to land. But we'll see. But I think it's a 2024 that how late into 2024, we're going to see. But I think it's a 2024 event. How late into 2024, we're going to see. But I think it's a 2020.
Starting point is 01:04:47 I mean, my confidence in Dr. Jailin Cannon isn't great, but we'll see what she does. So then the two developments that we were going to talk about in this segment, one has to do with the focus in Arizona, a renewed focus in Arizona. And then something that you and I will be talking about throughout the week, which is this focus on a certain date and time that was also the focus of the Jan 6th committee.
Starting point is 01:05:13 So people that follow our show and follow what we do at the intersection of law and politics are going to remember the seventh session, the seventh hearing of the Jan 6th committee led by Jamie Raskin and making his presentation focused on a December 18th, 2026 hour meeting where you had team crazy on one side led by Sydney Powell, Rudy Giuliani, a guy that is the CEO of overstock.com. That was his qualifications for being in the room. And Michael and Flynn, a former general Flynn, a Colonel Flynn, in their lobbying Donald Trump, by themselves without anybody from the White House president for the first 20 minutes, which freaked out everybody, including Cassidy Hutchinson, who reported it to Mark Meadows was nowhere to be found.
Starting point is 01:06:08 He's supposed to be the gatekeeper for who gets in to see anybody in the waning days or anytime into the White House, into the Oval Office, but some junior staffer let these crazies in. It was like letting the zombies in during the walking dead and they had 20 minutes to feast on Donald Trump, talking about Venezuela, fraud, flipping votes, hardware and software, all the stuff
Starting point is 01:06:32 that of course led to Fox News having to pay almost a billion dollars in settlement to Dominion, because it's all untrue, but out of the fevered mind of Sydney Powell, this is what happened, right? The Venezuelan and those that put Chavez into power brought software to Smartmatic, and Dominion, even though Smartmatic was in one district in Los Angeles, to flip votes in seven states to turn the election away from Trump and flip votes from Biden to Trump.
Starting point is 01:07:00 Total nonsense, total BS. And then, in the same meeting, they start bringing up, here's an idea, why don't you suspend the constitution? Just saying it gives me the hoppac syndrome. Suspend the constitution and declare martial law and seize voting machines. And during that part of the meeting, then other people start phoning in like Trump's head of the National Security Agency,
Starting point is 01:07:29 Trump's head of the National Intelligence Agency, the acting head of the Homeland Security, Ken Kuchinelli, all telling Donald Trump, sorry, Mr. President, it wasn't a clear connection. You're suspending the Constitution and you're gonna try to declare martial law to stay in power and not recognize the voters. You can't do that.
Starting point is 01:07:51 Now, 20 minutes in, Cassie Hutchinson freaks out and calls Pat Sipalone. Sipalone, the White House general counsel, the adult in the room, who even according to Sydney Powell in her own Chan 6th testimony said Pat said below most of the said a land speed record because he got down there so fast. Yeah, they wanted to be alone with Donald Trump and convince him to declare martial law make Sydney Powell the special counsel in the last two weeks of the administration, a
Starting point is 01:08:22 pointer special counsel, right? Because this a part of taking over the Department of Justice and weaponizing it by Donald Trump in his last two weeks in office, make her Jack Smith for the election. Crazy thought. Cipal Lone burst into the room. And he has, it's funny now because he stopped democracy from being toppled over in this moment. But he walked in. The first person he saw was the guy who's the CEO of the chairman of overstock.com, also
Starting point is 01:08:54 not a podcast sponsor, and said to him, who are you? He knew the rest of them, Ben. He saw crazy Powell, crazy Giuliani, and he knew Flynn was off his rocker. But here is this new guy. Who are you? And he said, I'm the chairman of overstock.com. And he's like, what are you doing here? And then for the next five and a half hours, joined by Eric Hirschman, who is the very
Starting point is 01:09:18 colorful, we like him on the show, very colorful deputy general counsel, deputy White House counsel, who uses the F word a lot, which makes me like him. It was saying things to to to said the power like you lost every F and lawsuit that you filed. You come in here without any F and evidence at all to prove any of your F and voter fraud theories. And you broke in here unannounced and un and unauthorized to meet with the president. You know, there's the door.
Starting point is 01:09:47 Now that it took six hours. There was so much yelling and screaming, Ben, that Cassidy Hutchinson testified that she texted and she turned it over to the Jan 6th committee. She texted Tony or Nato, the head of the Secret Service, and said that it is, the Westwing is unhinged today. And why is December 18 so interesting in this content timeline for for Jack Smith? Because December 14 is when the fake electors all met at the behest of Donald Trump and his campaign, all seven battleground states will talk about Arizona next and issued their
Starting point is 01:10:22 fake certificates. That's the 14th as we move towards Jan 6th. 18th two major events happen. This six hour steel cage match between team crazy and team normal for the soul of America is basically what's at stake. That goes on and that night still I'm sure vibrating from almost declaring martial law. Donald Trump tweets the now infamous, you know, a match that lit the fuse come to Washington on Jan 6. It's going to be wild. Yeah. As wild as the six hour fight that went on, you know, everybody
Starting point is 01:10:59 could hear it all around the West Wing of as you consider whether to seize voting machines and declare martial law. Yeah, it was wild. And it's another example is Jamie Raskin likes to say in his presentations where democracy was almost accidentally toppled by this band of treasonous and insurrectionists. So we got all that going on. Ben, I'll let you come in on that. And then we can talk about Arizona.
Starting point is 01:11:24 I think you hit it all right there perfectly. I mean, again, this meeting right here, we saw from the January 6th committee, the testimony from Hirschman and Cipollone. We saw the text messages. We know when down, we know what went down, we know how significant it was. And, you know, the fact that special counsel Jack Smith is focused there isn't a massive surprise, but I think when we are learning about the Jack Smith new updates and new details, they're starting to definitely get more kind of granular, right? Because when we shift and we talk about Arizona, this is kind of like almost doing the cleanup at this point, dotting the eyes and crossing the tees. And this was around, you know, about a month to a little more than a month before we saw the
Starting point is 01:12:19 indictment in the other case, Donald Trump's theft of the National Defense Information, kind of what we saw there in terms of the types of subpoenas being issued, and then all of a sudden we kind of saw silence at the Grand Jury, it went from a ton of activity to silence, and then there was, you know, a 20 to 30 day gap, and then the indictments were brought. I think we're seeing that start to form in special counsel, Jack Smith's investigation of Donald Trump's election interference because when we hear the story, for example, about what went down in Arizona with his most recent subpoena, where he subpoenaed the Secretary of State Democrat, by the way
Starting point is 01:12:59 friend of the Midas Touch Network, Adrian Fontes, who thankfully beat the Maga election-denying Finchem guy, which would have just been a total disaster. Some people were saying, why is Jack Smith just issuing a subpoena now to the state of Arizona? This subpoena relates to some election lawsuits that frivolous cases, one officially brought by the Trump campaign, one brought by the Trump supporting Kelly Ward, who's the Republican who runs, who used to run the Arizona Republican Party.
Starting point is 01:13:32 She's the one who went, ultra mega, we are all the orange mafia. You know, and these are the type of people who are running the Republican Party today in states. People like Kelly Ward, people like that Karam O'Lady and Michigan who talks about Possums being eaten by eagles and how it shows a globalist conspiracy. I mean you really got some Really really really dangerous and deranged people leading the Republican Party, but I digress Even though the focus here was on the Secretary of State and finding information
Starting point is 01:14:08 about these lawsuits, what we learned a lot was that Special Counsel Jack Smith has been at it in Arizona for months and months and months interviewing top Republicans in the house, in the Senate there, the State House and the State Senate, people who are no longer there, people like Rusty Bowers who used to be like the speaker. Rusty Bowers were the leader of the Republican Party in Arizona. You don't get more Republican than Rusty Bowers, who the Maga Republicans now call A. Rhino and Rusty Bowers at his and his family's life threatened by mega Republicans, but all of these individuals have spoken to Jack Smith and
Starting point is 01:14:49 and one individual, reputlino, these mostly Republicans who spoke to Jack Smith who were now labeled rhinos by the new kind of mega Republicans who have taken over the party. And one individual said that the meeting with Jack Smith's theme was kind of like a check the box kind of meeting, but that's what's going on in Arizona. Any updates? Also there, Popeyes. Yeah, I think that we can stitch it together. There's really two subpoenas that went out both in one in May and one now, one to the prior Secretary of State, who is the current governor. They are a governor, Katie Hobbs, and the current Secretary of State who you identified as a friend of the pod and friend of the network.
Starting point is 01:15:28 And they are focused on because Jack Smith is focused. The reason you and I are talking a lot in hot takes and on the podcast about lawyers, lawyers, lawyers, lawyers, lawyers, lawyers, cell phones, lawyers, lawyers, text messages, lawyers being stripped of attorney, client, privilege is because Jack Smith and the meeting we just described on December 18th of 2020, which is basically driven by lawyers, some soon to be disbard and some disbard now, is because Jack Smith is focused on the lawyers because he's looking at whether and how they were weaponized by Donald Trump to try to topple America, topple democracy, and whether they have criminal exposure,
Starting point is 01:16:08 this is going to be a little bit of a spoiler alert. They do. And as ours, a number of these in the crosshairs of criminal investigation is not just a subject, but a target. And the answer to that is yes, Giuliani, yes, Sydney Powell, yes, John Eastman, yes. And the list will go on, but focus on those three lawyers. And they want to see what the devil's play thing was for these lawyers, these lawsuits, multiple lawsuits that were filed in seven battleground states, including Arizona.
Starting point is 01:16:43 And Jack Smith wants to get his hands on the lawsuits, the discovery, which is the exchange of information that happened in those beatings. The exhibits, which are the things that you and I use in a courtroom and put up in a hearing in a courtroom, the proposed exhibits. He wants to see all of that because he's trying to tie it back not only to the lawyers being involved in a criminal conspiracy, which is what he's doing, stitching this together, but also always, always putting a mirror up against Donald Trump to find and continue to prove criminal intent, willfulness, mens rea for Donald Trump and the others. And you do that by piecing together all methodically. It was what we're watching, all of these pieces of evidence. Salon.com had a very good
Starting point is 01:17:32 piece earlier this week about the fact that Donald Trump historically as a business person, and even at the beginning of his presidency, was notorious for not wanting to put anything in writing, not making the phone calls himself about anything. And Ripett, remember, he was the first president that would ever leave a meeting with presidential papers and rip them up in front of his staff's eyes and leave them on the table. And they would have to go piece them back together again because they were presidential papers or Mark Meadows burning them in his fireplace of his office. So he never wrote anything before.
Starting point is 01:18:11 He would social media, he would tweet, but he wouldn't put things in right. He certainly, the old Donald Trump, talk about losing your fastball, wouldn't be the one to pick up the phone and call secretaries of states and speakers of the house and Republican GOP leaders in different states, the seven battlegrounds, to have them do his bidding. He would never have done that. He would have used Michael Cohen. He would have used Boris Epstein. He would have used, in this case, Mike Pence, but he would have done it himself.
Starting point is 01:18:40 But here he was so desperate as Donald Trump to cling to power, to stay in office before you know, and having it, you know, where they're going to have to rip it out of his cold dead fingers, that he starts making the phone calls himself, which has got to be kicking himself in the ass because he never did that before. So now he's on recordings in Arizona with various people, including Rusty Bowers, sometimes with Giuliani, sometimes without. Rusty Bowers testified to the Gen 6 committee, so we're sure in his long conversation with the Department of Justice, he said the same thing that when he was Speaker of the House, he's no longer the Speaker of the House, but he was the Speaker of the House in
Starting point is 01:19:20 Arizona. He had two phone calls. One with Rudy Giuliani, where Rudy Giuliani said, hey, we have evidence that there's 200,000 illegal immigrants voting in Arizona and 6,000 dead people. Now, just to remind the audience here that watches us. Donald Trump's had not won, but two consulting firms investigate fraud, just like illegal aliens voting and dead people voting in the battleground states, including Arizona, and they found none.
Starting point is 01:19:52 And they told that to Donald Trump and the Trump campaign, which also goes to criminal intent and man's rea. Even even the cyber ninjas, I always have to suppress a laugh when I say their name, even the cyber ninjas hired by the Republicans within the house and the Senate in Arizona Who had never done an election review before even they found more votes for Biden not let not less So less votes for Trump when they did there we call call it the fraudet, the audit to find fraud. That didn't exist. So when Rusty Bowers said the Giuliani in the phone call,
Starting point is 01:20:28 okay, you got proof of that? Giuliani, well no, this is back to what you said earlier about Drudy Giuliani. It's a hypothesis. It's my opinion. I'm gonna prove it in the case somehow. And Rusty said, yeah, I took an oath of office, including to uphold the constitution,
Starting point is 01:20:43 and I'm not doing that. And then to double down on it, Giuliani calls back with Trump. This is the testimony of Rusty Bowers at the Chan Six Committee. And in that phone call, remember Arizona was Biden won it by not one, two or ten votes. He won it by ten thousand votes. So almost as many votes as the 11,000 or more in Georgia. So that was a landslide, but it wasn't a small win. And it certainly would overcome any cases of double voting, voter fraud, a little bit
Starting point is 01:21:14 of fraud or regularity, voting regularity that always happens in every state. Maybe that's 20, maybe that's 50. He won by 10,000. And those 11 electoral votes were going over to him. Trump calls directly to Rusty Bowers who's now testified and says, let me tell you about this other electors scheme that we're going to do. And he proposes Donald Trump the fake electors scheme with an alternate set of electors who are going to be signing certificates and he wants Rusty Bowers to participate in that. To which he said, I to participate in that to which
Starting point is 01:21:45 he said, I can't do that, Mr. President, I have a, I'd have to do it with like proper advice from lawyers that know more about this than I do, but I took an oath to uphold my constitutional duties and I ain't doing that. And like you said, then before this, there was nobody more red in Arizona than Rusty Bowers, the speaker of the house. That's absolutely true. That's absolutely why appointment of federal judges is so critical. Because Trump, the Federalist Society, they want to appoint judges, federal judges, who are ultimately going, we've seen their conduct. It's not hypothesis like Giuliani that has a very dystopian warped view of the United
Starting point is 01:22:37 States Constitution and like the authoritarian projection that always exists with Maga Republicans. They then accuse the actual rule of law and following the Constitution and just behaving normally, trying to be truthful as a dystopian nightmare, right? And want to give some positive news first, which is that it's great that President Biden is now being touted as a judicial confirmation factory. It's confirmed up to 136 federal judges already. Diverse, very well-qualified judges, unlike the judges Trump has appointed. Biden is far outpacing Trump, Obama, and George W. Bush on federal judicial confirmations. I just remember that one scene when I was watching it many, many years ago, and this is
Starting point is 01:23:31 one of the things that urged me into, all right, Ben, you got to get off the sidelines from just being a litigator and you need to really do stuff to support our democracy, because this is, you, because this is wild. I mean, after I did many, many trials conducted, I couldn't even tell you the amount of deposition that I've taken as probably in near the thousands, to see at the confirmation hearings of Donald Trump's appointees. Remember, the president appoints the Senate confirms, and then there's a hearing on the confirmation of who the president wants to appoint.
Starting point is 01:24:10 I just remember them asking, who here has ever done a trial before? And it was all of the Trump appointees and no one raised their hand. None of the people who were going to become federal judges had done one trial. Okay, I remember the next question was, well, how many people have here attended, participated in a deposition? A deposition, one person raised their hand, and then the question was, well, did you take the deposition? No. Okay, so what did you do?
Starting point is 01:24:40 I sat there and helped the partner take the deposition. That is just unqualified. And the American Bar Association and other groups that reviewed judicial candidates for Donald Trump, not setting aside their ideology, which was extreme and radical and fascist. The American Bar Association said these people are unqualified. They're not fit to be judges They're in it. They don't have the requisite experience and these are the people who Donald Trump Ultimately appointed and look this judge Terry Dowdy Had been a judge before it's not like this person was Necessarily in experience. This is more on the radical end of the spectrum. This next federal judge
Starting point is 01:25:25 I'm about to talk about, but I wanted to frame how important it is the appointment of judges. And this is a judge who Donald Trump appointed federal judge Terry Dowdy. Popoq will talk about in a little bit how this is all part of a plan by Trump and the federalist society specifically by the the federalist society, to get judges into specific locations and then funnel their cases all the way up to the Supreme Court. It's not like a wild conspiracy. That's what they've done, okay? The facts are this is what they've done. And this judge, particularly in the Western District of Louisiana, judge, federal, Terry Dowdy appointed by the Trump administration. He ultimately issued this injunction against the Biden administration, basically saying that it would be unlawful for them to have to urge or persuade or provide instructive information
Starting point is 01:26:20 to social media companies that violate first amendment rights. Like it's an incomprehensible concept in and of itself, but basically what the order goes on to say is it accuses the Biden administration and its communications people and other people and other agencies of threatening and coercing social media companies to take down posts that were spreading anti-vax information, that were spreading election disinformation, that were spreading lies about COVID, that were getting people killed. And when you look at like, okay, I'm like, well, tell me like, what are the threats here, right? tell me like, what are the threats here? Right? Because the reality is, if the government
Starting point is 01:27:06 is threatening a social media company, if you don't do this, we are coming after you. That is unlawful. But when a communications director or a press secretary, when they reach out to like the Washington Post or Fox or whatever. And there's a false story, right? That's being put out. And the White House reaches out to them and says, Hey, you got your facts wrong. Here are the facts. Fox or Washington Post or whoever, they can change the story, not change the story, but the government has a communications department, right? To give them the facts on issues. I don't think anybody would say in that scenario, oh, you've threatened the Washington Post, you've threatened Fox. No, it's, you know, and by the way, could the government
Starting point is 01:28:02 communications director sound angry? Man, that's really effed up what you're doing. This is pissing us off here. You know, when you're, when you're dealing with the media, for example, sure, is that a violation of someone's first amendment rights that those communication is, no, because ultimately the media can still publish what it wants to publish. That's not like coercion or threats. So in the social media context, what the Biden administration would do is they would
Starting point is 01:28:29 reach out to a contact at Twitter or a contact at Facebook or on YouTube and say, Hey, you are filtering people to go into this anti-vax echo chamber. And that's killing people. Here's the actual data. This is hurting the country. Now, it's not a threat. YouTube can change or not change. Twitter can change or not change.
Starting point is 01:28:56 If there was a tweet that said that just provided false data that would be relied on by people and would kill people, the Biden administration would say hey These are real problematic posts. Can you look out for posts like this? Here's what the actual data is from the CDC Here's what the what it is and what judge Terry Dowdy said is he said this was a role that the government under Biden assumed a role similar to the Orwellian quote ministry of truth and That this is a dystopian scenario that during COVID-19 pandemic a period perhaps best characterized by widespread doubt and uncertainty
Starting point is 01:29:37 The government seems to have assumed the role of the minute the Orwellian role of the ministry of truth the COVID-19 pandemic, I wouldn't characterize it first and foremost as widespread doubt and uncertainty. I would characterize it as death and seeing people dying and trying to figure out a way to get back to our lives so that people could stop dying. That's how I would describe it. And then it goes on to say, plaintiffs have presented substantial evidence
Starting point is 01:30:10 in support of their claims that they were the victims of a wide ranging, far-reaching and widespread censorship campaign. The court finds that they are likely to succeed on the merit therefore, a preliminary injunction is granted. So I'm like, looking, I'm like, okay, what are the examples of these threats? Like, let me try to find it here.
Starting point is 01:30:29 This is one of the examples that the court gave. On January 23rd, 2021, three days after Biden took office, Clark Humphrey, who at the time was the digital director for the COVID-19 response team, email Twitter and requested the removal of an anti-COVID-19 vaccine tweet by Robert F. Kennedy, Jr. Humphrey sent a copy of the email to Rob Flourty,
Starting point is 01:30:55 former deputy assistant to the president and director of digital strategy. On the email and asked, if, quote, we can keep an eye out for tweets that fall into the same genre. The email read, if quote, we can keep an eye out for tweets that fall into the same genre. The email read, hey folks, wanted to flag the below tweet and wondering if we can get moving on the process of having it removed ASAP. Is asking that a tweet be removed because it spreads COVID disinformation?
Starting point is 01:31:23 That's a threat. That's unlawful coercion, that the social media platform can do whatever the heck it wants to do, but the government's trying to convey accurate information there. And so, I think this whole injunction is completely unconstitutional. I do think if there was real actual threats going down, that would be problematic. I don't see these, I don't see this as threats. And the way the order is written, it's like, well, the government can communicate if there are crimes and things that are danger to our national security, but the government can't communicate or urge or persuade where it violates free speech and it targets conservative speech,
Starting point is 01:32:08 but then it defines conservative speech as promoting anti-vax election disinformation, and so it's a total kind of cluster, you know what, Michael Popeye. Yeah, I like, we specialize in cluster, you know what's the scary thing is you gave a whole background about unqualified judges and judges who'd never tried cases and I've tried 32 cases in my career depositions and calculable. Terry Daredie's not one of them. He was confirmed 98 zero by the Senate.
Starting point is 01:32:44 He's tried cases. He's been a prosecutor. He was reasonably considered. He has a strange haircut. We'll put up a picture of him later. Looks a little bit like Captain Kangaroo, but putting that aside for a minute, you know, there was nothing other than the Federalist Society backing as being appointed. And you and I talked about the show and I've done it in a hot take.
Starting point is 01:33:04 Federalist Society has been evenly masterful in making sure that single district a federal districts places where there's only one judge or two judges are filled with reliable Maga right wing people. Yet this guy got 98 votes, almost a full house, full Senate when he was confirmed in 2018. But they were very good at putting like the one guy in Abilene, Texas, who they know is going to be reliable on social issues, on transgender issues for them, for abortion issues for them, and making sure that all of those that soft underbelly of our federal judiciary is filled with people.
Starting point is 01:33:48 So then they could bring their test cases, not randomly, but in Terry Dowdy's district in the Western District of Louisiana, Louisiana, Abelene Texas to pick up that judge. And so that is what we are seeing now with a data Supreme Court, fully right wing, six to three, who's also barely waiting for cases. It's almost as if they have their orders and their decisions typed up already,
Starting point is 01:34:17 dusted off just waiting for a plaintiff, any plaintiff, maybe not even a plaintiff that has proper standing or a live case or controversy to issue their ruling. And so we've got this terrible rock and a hard place that American democracy and the justice system is sitting between. In this one, this 155 page memorandum,
Starting point is 01:34:38 an opinion, and then coupled with a seven page injunction, the actual meat where the rubber meets the road, where this federal judge sitting in this small place in Louisiana has enjoying the entire Biden administration, really the entirety of the Biden administration, including health and human resources, the Center for Disease Control, the NIA, the Department of Justice, the FBI, the press secretary for the White House, Joe Biden himself and the list goes on. It's almost incalculable.
Starting point is 01:35:14 In fact, the Department of Justice, who has now both appealed this injunction, stopping them from really having any contact at all with the social media platforms, even exercising their own First Amendment rights to talk in this, you know, this, this injunction has barred them from the public square, leaving the public square, abdicating the public square to the crazies. To the public square becomes, you know, the clearinghouse of misinformation from vaccines to Jews around the world to Democrats are all a feat liberals from the East Coast that are socialist Marxist communists, even though those are three distinct types of government arrangements and the like, because if you remove the government as the adult
Starting point is 01:36:07 in the public square, not regulating it, not violating the First Amendment, the way the judge here has concluded, but being a voice in it and bringing down things that are criminal, terrorists, and misinformation. The problem with the injunction is you can't make head to your tails out of it. It is constitutionally, first of all, it's constitutionally vague. We don't know what the F.E. is talking about with some of the terminology that he's used, and I'll go over a little bit of it here and unpack it. And it is overbroad.
Starting point is 01:36:40 It is so sweeping. This is what the Department of Justice has said in their appeal. They've notified the trial judge as of this week, they're appealing him and they want him to stay his injunction, meaning it won't be enforced at least until July the 10th to give them the time to do an emergency appeal to the fifth circuit, one of the most conservative circuits out there, on this first amendment issue, which has been brought. If you read the injunction, the injunction says that the government is precluded, is enjoying, is stopped from urging, encouraging, pressing, and inducing, whatever that all means, the removal, suppression, deletion of content that is, again, not defined, protected speech, but you're able to use your own first amendment
Starting point is 01:37:37 speech, which is completely internally inconsistent. You know, government, this is the injunction speaking now, and you're allowed to attack and go after unprotected speech, no definition provided. So, what does that mean? It ties the government up and not, which is exactly what Dowdy wanted them to do so much so that it's already been revealed in the filing by the Department of Justice to the judge asking for the stay while they appeal that the secret that the State Department that regularly, this is, I don't know what this to be a news flash, maybe it is, departments of the government meet regularly with their
Starting point is 01:38:16 counter parties, if you will, in the private sector, especially social media. So the Secretary of State or his office, the Department of State, has a regular standing, weekly meeting with social media platforms like Meta for Facebook and the like, to talk about, for instance, in the case of the State Department, foreign influence that's been observed by the intelligence community, being exerted over our elections.
Starting point is 01:38:47 That sounds like a bad thing. Not something that a judge, a federal judge and a black robe should be allowing, but the state department has announced based on the injunction they've canceled their standing meeting. Pardon me, because they can't figure out the injunction. So is that a good thing? So for the week of this past week, there's no information exchange between the State Department and the platform over foreign influence that's being exerted on people, right? Brainwashing of Americans to vote a certain way
Starting point is 01:39:17 by Chinese and Russians. That sounds like a terrible thing, not a good thing. But that is the natural result. The other attack that the Department of Justice is making on the injunction, which is, A, we can't figure it out. It's overbroad. You don't tell us what's protected versus not protected. You leave it to us, which means we're now, we're just stuck, right? Our sphincters are closed, so to speak. We're not, we can't take a move because we don't know what your injunction means.
Starting point is 01:39:44 And it's so overbroad, which aspects of which department does it apply to? Everyone, you're doing a universal, the press secretary can't stand during her daily or weekly meeting and talk about the misinformation that's an exercise. Her right, first amendment, right, is that what you meant? Because that doesn't make any sense. And the other two attacks that they're going to make in their appeal to the fifth circuit, Ben, is one standing, going back to that turn we've talked about
Starting point is 01:40:11 and a lot of our classes, our law classes on legal AF, that the two states, Missouri and Louisiana, that brought this don't have standing because they haven't incurred any injury to provide them standing that's incurred any injury to provide them standing that's distinct from any injury to the general public, no specialized injury. So that this case shouldn't have even been brought under the doctrines that they did. So that should have stopped the case in its tracks.
Starting point is 01:40:40 That's one argument. The second argument is injunctions, which is what this judge has ordered, is about future conduct. And there was no evidence that this is either bad, wrong, or happening into the future. Everything that he listed about the Orwellian, Nazi, misinformation, truth, bureaus, at best happened in the past.
Starting point is 01:41:04 And if things happened only in the past, then there's no need for an injunction. You don't issue an injunction for things that happen in the past because what are you joining? You can only enjoy conduct that you reasonably believe based on the evidence that's presented to you at trial as a judge is going to happen in the future. And there's no future conduct. Therefore, there shouldn't be an injunction. That's the grounds for this appeal that I'll do a hot take on a probably later today with
Starting point is 01:41:32 a little bit more detail. But that's the problem. It's the words that he used and then the justification that doesn't exist. But we'll have to keep a close eye on this as we always do here on legal AF because it's goes to the fifth circuit. If they screw it up because we'll have to see where three judge panel gets pulled, three quarters of the fifth circuit is Republican appointed in a lot of trumpers. Then we got to go over to the Supreme Court.
Starting point is 01:41:58 And the Supreme Court, as you and I have described at Nazim and at length is all over the map being led around by the nose, frankly, by the the Maga right wing about the First Amendment. We just saw a terrible First Amendment ruling that was used to allow people to, that are in a creative field, to discriminate against its public customers because they have a First Amendment right to be racist. So I don't know what, and I want to hear from you, Ben, if this case gets up to the supreme's, this injunction, the way it stands, with this combination of the Supreme Court based on the ruling in 303 creative, and the first amendment, and the website designer for who didn't want to do gay websites, what do you think is going to happen with Gorsuch writing that future opinion?
Starting point is 01:42:45 Well, we know hopefully Gorsuch doesn't write the future opinion and it's one of those five to four Roberts decisions where Roberts or perhaps six to three in the opposite direction where they rule hey this Trump judge went too far here. But look, we know from Dicta, in opinions by Justice Alito, and Dicta from, and just Dicta is just like non-binding precedent, but where they eventually want to make precedent. Dicta from Justice Gorsuch, that they kind of buy into this ministry of truth, concept that social media companies should be a platform that spreads all of these lies and disinformation and should somehow be viewed kind of differently from historical precedent around first amendment. Because the example I gave at the top of it, when you compare this to, okay, a communications director, a public relations officer of the government, we'll
Starting point is 01:43:49 always reach out to the media and say, hey, correct this, correct that. You're not forcing them to do it. It's not coercion. The level of privilege, I think, that exists, right? Where a judge goes, oh, I'm being coerced and I'm being threatened because you're getting accurate information about COVID. What are you talking about? So it's unfortunately a bit of a crapshoot. What the Supreme Court is ultimately going to do with the case like this. Ultimately, I believe that the Supreme Court would overrule a decision by
Starting point is 01:44:20 Judge Dowdy here. But, but we'll see. Donald Trump posted, this is further proof that presidential election of 2020 was rigged citing this opinion, which again absolutely makes no sense because the opinion relates to 2021 conduct unless Donald Trump is basic. Like, Donald Trump was the government in 2020. Like, it's the most idiotic argument where he's like the FBI was out to get me in 2020 you you were you appointed the FBI director idiot you were you were the government idiot like so these posts just show you the level of not just fascism and dangerous but just utter idiocracy and stupidity in 2020 that that was you. And Donald Trump, the irony, Donald Trump was the one doing things like this
Starting point is 01:45:08 that was actually like, hey, as the government, hey, you need to remove this or else. Donald Trump was actually doing the threat type stuff. He's gonna, Ben, if we're right about justice, moving at a painstaking pace, but justice in America, he's going to be right. He's not going to be tweeting or social truthing anymore like that. He's going to be writing things with who knows what on toilet paper and handing it to his associates because he's going to be in prison at the right there going. There's not one legitimate,
Starting point is 01:45:43 even Republican former prosecutor who believes that Donald Trump is going to avoid a jail sentence as a result of either Mar-a-Lago and or, Jan 6th interference, and or what's happening in Georgia. And I'm on that side. I'm on that side as well, and I can say that with a strong degree of confidence. And you know, for everybody saying, oh, well, we don't know. We don't know. Look, special counsel, Jack Smith, I was here in this no way he's ever going to bring an indictment. Right. Now I'm here. And there's no way it's never going to go forward. It is going forward.
Starting point is 01:46:18 Just the wheels of just the wheels of justice turn slowly. and the wheels of justice are also generational. Look, the pro-democracy community was caught sleeping. Let's face it, all of these federalists, society, plans and plots of putting judges in and building this up, that didn't take place over the course of two years, right? It took place from the 1970s really through right now and what they've built foundationally with the media all the plans for Fox News were built out of Roger L's memo in the Nixon administration in the midnight, you know, following the Nixon administration You know in the 70s that that that's where
Starting point is 01:47:04 Fox comes from build a propaganda channel, and then they built it. Step by step, the Federalist Society was a plan and plot, get its tentacles and claws into law schools, into corporations, then into the judiciary, and then overall critical decisions through the judiciary, and then projection, accuse the pro-democracy side of being activists and all of those things, and then just accuse the other that which you are going to do, and then do it. So we just have to be savvy to this. We have to be aware of it, and that's the importance
Starting point is 01:47:35 ultimately of this program. That's why we have this education together, where this takes, you know, an hour and 50 minutes, whether it takes an hour, whether it takes three hours. We have to learn because this is life or death stuff, and we do it in a fun way. I have so much fun on these legal AFs with you, Popok, and especially with the legal AF community. This is the highlight of my week, the highlight of my weekend,
Starting point is 01:48:01 when I get to do these podcasts and spend this live. But this is important stuff. And that's why I'm so honored to have the legal AF community out there who don't just watch this, but spread these pro-democracy messages, let people know, educate their family members, their friends, their colleagues and co-workers of what's at stake. So make sure you share these videos with everybody. If you can become a member of our YouTube page, hit that dollar sign below by memberships
Starting point is 01:48:28 for people gift memberships you can ask to receive, a membership, but that helps grow this platform. We don't have outside investors. I'd love to see everybody with those emojis and everybody with the Midas touch badges. So please become a member if you can. It really goes a long way to help. One of the other ways you can support us is by checking out our great merch. We've got great
Starting point is 01:48:49 LegalAev merch at store.mitustouch.com. That's store.mitustouch.com. Everything's made in the USA and everything is 100% union made as well. Go to store.mitustouch.com. Make sure you subscribe not just to legal AF on YouTube by subscribing to the MidasTouch YouTube channel. Subscribe on the audio podcast search. Legal AF, wherever podcasts are available. Leave a five star review that goes a long way to help as well. The Patreon is a bit different than the YouTube memberships Patreon. You get to meet me and my brothers on Zoom chats. We have first looks and we have exclusive podcasts there. And again, it all helps grow this independent platform. Go to store. Go to patreon.com slash might as touch p-a-t-r-e-o-n.com slash might as touch special thanks to all of our sponsors support our sponsors
Starting point is 01:49:47 And we'll see you next time here on legal a f Michael Popeye a pleasure as always getting to spend same time with you And thank you to all the legal a effort like I can't begin to tell you how much Popeye can I and Karen Friedman agniphyl and and everyone here at the might as touch network Hope, Akanai, and Karen Friedman, Agnipheolog, and everyone here at the Midas Touch Network appreciates you, your hard work, your commitment to our democracy. See you next time, shout out to the Midas Mighty.

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