Legal AF by MeidasTouch - Trump SCREWED by Co-Defendant’s FATAL Mistake in Court

Episode Date: September 18, 2023

Jeff Clark disgraced and INDICTED DOJ OFFICIAL in the Georgia Criminal case had a very very bad day in federal court today in his efforts to move his criminal case from state to federal court. Michael Popok of Legal AF reports on Clark’s missteps that annoyed the judge, including have BOTH his affidavit and that of another disgraced Attorney General under Reagan, BOUNCED and rejected by the judge. Find out why this likely means Judge Jones is going to rule against Clark in the coming days and send him right back to Judge McAfee with the other 18. Go to https://GETQUIP.COM/LEGALAF right now, and get 20% off any Electric Toothbrush, Mint & Gum Dispenser, Water Flosser. Visit https://meidastouch.com for more! 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

This is Michael Popok, legal AF. Remember Jeff Clark, formerly of the Department of Justice, now disgraced and indicted? By Fawney Willis in Georgia for his role in election interference, using Department of Justice letterhead to try to interfere with the election. That Jeff Clark. Jeff Clark doesn't want to be tried in front of Judge McAfee

in state court, probably because things aren't going well for the defendants there, cases are moving along, at a very high velocity. And the judge is showing that he doesn't have any patience for nonsense arguments or nonsense motions. So let's try federal court. Jeff Clark watched what Mark Meadows did last week. And two weeks ago when Mark Meadows actually testified, waving his fifth amendment defense and testified to try to keep the case or bring the case to federal court that failed miserably Jeff Clark looked at that and said I got away. I got a better way

I'm not gonna testify at all I'm gonna submit an affidavit or a declaration under penalty of burgery And I'm gonna get an affidavit from a disgraced former attorney general under Ronald Reagan, Edwin Mies, who resigned and disgraced over his scandal, but happens to be a heritage foundation, federalist society kind of guy to submit an expert opinion, whatever declaration that says everything I did was within my job description on the Department of justice and can't be the grounds for a state criminal prosecution. Take my case to federal court. Let me just point this out in we're in a transfer removal procedure. And even though at the trial of the criminal case, the prosecutor,

Fawni Willis, has the burden to prove beyond a reasonable doubt. That's not the standard here. The standard to try to take your case to federal court from state court is the burden is on the person seeking the removal. Jeff Clark. So he has the burden, not the prosecutor. That's a, that's a nice twist.

He has the burden to show by clearing convincing evidence that he has the entitlement to go to federal court in order to carry your burden because that's what it sounds like. You you carry a burden because it's heavy. And in order to carry it, you got to do it with evidence, not just lawyer talk, not just lawyer, naked argument without factual support, and generally not without witnesses, but Jeff Clark decided literally to mail it in. He sent a in lieu of his testimony, because he's not testifying live. He prepared and submitted a declaration, which is a type of affidavit under penalty of burgery.

By the way, that whole thing is also a waiver of his Fifth Amendment privilege. And Farnie Willis can use it against him and will use it against him when she, when the case gets back quickly to the state court and for the prosecution in front of judge McAfee and the jury trial there, putting that side for a minute. He then, so that doesn't carry his burden because he's not testifying. That's a big problem when you have the burden. And the second is he submit some sort of, I don't know, expert opinion declaration, affidavit from Edwin Mies.

Oh, search your history and memory banks. Edwin Mies, formally an attorney general for Ronald Reagan. That's true. But what he left out of his affidavit is that he resigned in disgrace in 1988 in the face of a scandal He was what was referred to back in the 1980s as ethically challenged He was an ethically challenged attorney general of the United States and he had to resign But they dug him up. He's 91 years old He's now on the board of the heritage foundation does work with the Federalist Society

So he's that kind of guy and he said sure all you can go straight and affidavit years old. He's now on the board of the Heritage Foundation does work with the Federalist Society. So he's that kind of guy. And he said, sure, you can go straight and affidavit for me. And I'll put my little initials next to it. And I'll sign at the bottom line. And the problem is the judge rejected it. The judge rejected all of the declarations in affidavits submitted by Jeff Clark. They said, I'm not he said, I'm not taking Jeff Clark. He's got the burden. He wants to show up and be cross examined in an adversarial process. That's what we have here. That's fine. If he's going to waive his appearance, I want the lawyers to prepare a waiver and file it, which they did. Because then he the judge wanted to clear on the record, the Mr. Clark had the opportunity to testify and that he waived that opportunity. The judge made it clear I'm not taking in lieu of your testimony and affidavit.

Just in general teachable moment, you can't generally try your cases with affidavits. You can submit affidavits in support of certain motions, but when you come to an evidentiary hearing or you come to a trial, you got to have live testimony or next best thing, a deposition, at least transcript that's being read. Clark did many of those things despite the fact he has the burden, carrying the burden. Then they threw in this ed Meece declaration. Judge took one look at that and at the hearing today said, with all due respect to Mr. Meece, you know, it's coming next. It's really just filled a bunch of opinions that don't seem to have any basis in the facts here. He wasn't in the Trump administration.

He doesn't know what happened after Ronald Reagan in 1988. I mean, at 91, I hope he knows like where he's at and what his name is. Putting that aside for a minute. Okay. The the judge rejected that particular item and said, I'm not going to allow either of the two declarations to come in. Now you might be wondering, well, how does Jeff Clark carry his burden of proving that he has entitlement to the removal and the answer is he doesn't because now he didn't come prepared to carry his burden. On the other side, the prosecutors who don't have the burden, they brought in evidence, right? They brought in evidence of things that they're going to try in the indictment of things that he did improperly. argued that all of that is outside of his job description as the number five or six lawyer

in the Department of Justice. Good health starts with good habits. Quip makes it easy by delivering all the oral care essentials you need to care for your mouth. The Quip Electric toothbrush has time sonic vibrations with 30 second pulses to guide a dentist recommended 2 minute clean. It's a lightweight and sleek design for adults and kids with no wires or bulky charger to weigh you down.

The quip toothbrush also has a multi-use travel cover that doubles as a mere amount for less clutter and reusable handles in a range of sleek metal use, as well as bright plastic colors that sure to add a pop to your bathroom counter. And so you know the electric toothbrush is an all-quip has to offer. The water flosser hits all the right spots with gentle or deep clean pressure at the touch of a button. And the equipments and gum are incredibly refreshing. I truly have quip to thank for my entire dental care routine and I don't know where I'd

be without them. So listen, it's time to skip the batteries and snap into healthy habits with the new, rechargeable, electric toothbrush, all the features of the original quip plus one magnetic charge, powers up to three months of brushing. If you go to get quip.com slash legal AF right now, you'll get 20% off any electric toothbrush, mitten gum dispenser or water flosser. That's 20% off any electric toothbrush mitten gum dispenser or water flosser at getquip.com

slash legal AF spell g-e-t-q-u- getquip.com slash legal a f spelled G-E-T-Q-U-I-P dot com slash legal a f quip the good habits company now there's some dispute over what role Jeff Clark played at any given moment. There's no dispute that he was hired and confirmed to do one thing. He was like the number five assistant attorney general. There's about 10 of them responsible for environmental and natural resource division of the Department of Justice and environmental lawyer.

How he got into the ear hole and became an ear worm for Donald Trump is left for another day and another hot take. But he leapt up five levels to become Donald Trump is left for another day and another hot tick. But he leapt up five change, five levels to become Donald Trump's right hand person because he would do whatever Donald Trump told him to do. So there's some debate over what happened after he was the environmental and natural resource division assistant attorney general. The Jan 6th committee laid out evidence and I think Jack Smith has adopted it, which is for a brief moment in time. Donald Trump offered Jeff Clark the acting attorney general of the United States position.

There's also suggestion that at least in 2020, he became for a moment when Jody Hunt retired that he became or resign, sorry, that he, Jeff Clark became the acting attorney general for the civil division, the civil division. And what, what, um, Fannie Willis did, which was perfect is that she got testimony, not by Afford, David, but live in the courtroom from Jody Hunt, who was the immediate predecessor to Jeff Clark in that job. And he testified to show that all the things in the indictment were outside of Jeff Clark's job description. Jody Hunt described the job that he had that Jeff Clark took over as follows. We're not responsible as the

head of the civil division for election interference type claims. He said in his testimony that that is the responsibility of the civil rights division. That would be one place to start. And another part of the Department of Justice, I'm having nothing to do with the civil division. So it would be the civil rights division, which would handle that. And another division, perhaps the criminal division, but not the division that at best, Jeff Clark took over from Jody Hunt. Jody Hunt is also interesting

because after he resigned from the Trump administration, not like Ed Mies, the Reagan administration, he went on to back to his private practice. And one of his first clients related to Jan six was Cassidy Hutchinson, Cassidy Hutchinson, Mark Meadows, right hand cooperating witness with the Jan six committee, with Fawni Willis, and with with Jack Smith to take down Mark Meadows She was the fly on the wall that saw everything happen inside the West Wing Inside the Oval Office inside the Chief of Staff's office what happened on Jan 6th what happened on the crazy day that Rudy Giuliani and Sydney Powell and

Overstock calm guy and Michael Flynn broke into the White House basically got led into that office to meet with Donald Trump to talk about suspending the Constitution. She had a Trump paid lawyer. When she had the Trump paid lawyer, she didn't tell the truth. When the Trump paid lawyer told her to not remember certain things, she said that doesn't make me comfortable. And she hired Jody me comfortable and she hired Jody Hunt. After she hired Jody Hunt, Cassidy Hutchinson told the truth to the Jan 6th committee about everything that she saw, the president to Mark Meadows do and everybody around them. Around them and she's cooperating willingly with Fawni Willis, with Jack Smith and the

rest. So that Jody Hunt, that's a powerful guy to have in a room testifying for you, especially when the other side isn't having anyone testify with them at all, even though they have the burden of proof. We'll have to await Judge Jones's written decision, but let me just give you for as a practicing lawyer for 32 years, my handicap on this one. as a practicing lawyer for 32 years, my handicap on this one. If you've got the burden of proof and you don't bother to testify, your affidavit is stricken by the judge and your expert affidavit is also stricken by the judge, leaving you sort of naked with your lawyers just making legal argument, you will not be able to carry your burden of proof. On the other hand,

argument, you will not be able to carry your burden of proof. On the other hand, Fannie Willis is able to ring the bell again about all the bad things that Jeff Clark did in preparation for indictment. She gets to use the declaration and sworn testimony of Jeff Clark, even though the judge rejected it. It is under oath in her criminal case. So that's another screw up, right? Another unforced error by the defense. And she put on her own witness, Jody Hunt, former head of the Civil Division, the immediate predecessor to Jeff Clark to say that guy is lying in everything that he just said because he would never have had responsibility for sending letters about election interference because he was not the head of the criminal division nor the head of the Department of Justice Civil Rights Division.

We're gonna continue to follow these jokers, as they make these legal arguments and just basically give gifts to the prosecution in the form of sworn testimony, whether it's Mark Meadows on the stand giving live testimony. I mean, they must really want to get out from judge McAfee and go to federal court. Because the juice doesn't seem to be worth the squeeze. I get it.

They want to run to federal court because they want to slow the process down. And they want to have immediate access to the 11th circuit court of appeals, which they think could be favorable to them, although it wasn't favorable to Trump and the Mar-a-Lago case And they want to get a fast track to the US Supreme Court And they don't want to do it through the Georgia courts of appeal and if they ever go to trial They'd rather have a federal jury pool picked from slightly broader than just Atlanta than a state one But look what you're doing in the meantime look at the amount of eggs that you're cracking in order to make this crazy omelet. I follow this type of legal procedure and their results because I sit at some

very valuable real estate just for the Midas Touch Network, the corner of law and politics. I do it here on hot takes just like this one exclusively on the Midas Touch YouTube channel. Free subscribe helped them get to 2 million free subscribers. And then every Wednesday and Saturdays on a podcast called legal a F. Yes, it's what you think. And it's every Wednesday and Saturdays, I co-anchor it both days. I've got Karen Friedman, Nick Nifalo on Wednesdays, former prosecutor Ben Myceles on Saturdays. And we pull it all together and do this kind of analysis,

hopefully in an informative and entertaining way. If you like what I'm doing, give me a thumbs up right here. It helps with the ratings. And you can follow me on all things social media. Go ahead. At MSPOPUCK. Until my next hot take and legal AF, this is Michael Pope-Puck. Hey, Midas, Mighty.

Love this report? Continue the conversation by following us on Instagram. At MidasTouch to keep up with the most important news of the day. What are you waiting for? Follow us now. you