Legal AF by MeidasTouch - Trump’s Motion to Dismiss BACKFIRES in HIS FACE, Gets SHREDDED by Jack Smith

Episode Date: November 8, 2023

MeidasTouch host Ben Meiselas reports on Special Counsel Jack Smith’s opposition to Donald Trump’s motion to dismiss the Washington DC federal criminal indictment on statutory and constitutional grounds.  Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGLAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. Visit https://meidastouch.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

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Special counsel Jack Smith filed what I believe to be his most powerful filing yet in federal court. This was filed in the Washington DC federal criminal prosecution where Donald Trump has been indicted for trying to overthrow the results of the 2020 election. This is an opposition filing by special counsel, Jack Smith. This is the government's omnibus opposition to defendants motion to dismiss the indictment on statutory and constitutional grounds. Donald Trump's tactic is to try to bifurcate, try for Kate or make as many different motions to dismiss as you can and then try to have interlocutory appeals on all of his motions to dismiss to try to delay this trial

which is scheduled for March of 2024. Judge Tonia Chukkin, the judge presiding over the matter, is already talking about jury questionnaires being submitted by February to perspective. Jewish, she's keeping the train on the track, a special counsel, Jack Smith is as well. Donald Trump is trying to do everything in his power to derail it. So one of the things here, special counsel, Jack Smith is doing while Donald Trump's trying to subdivide all of his motions into these various filings. Jack Smith is making this omnibus filing. When I read this intro by special counsel, Jack Smith, it really, really kind of left me speechless.

I want to share it with you right now. Here's what special counsel, Jack Smith writes. He goes, the indictment in this case charges the defendant, then the president with perpetrating an unprecedented campaign of deceit to attack the very functioning of the federal government to collect, count, and certify votes to obstruct the January 6 congressional proceeding at which the election results are certified and to disenfranchise millions of voters, all in a concerted criminal effort to overturn the presidential election results and prevent the lawful transfer of power to his successor.

Because the defendant cannot mount meritorious challenges to the charges against him, his motion to dismiss the indictment on constitutional and statutory grounds. By the way, Trump tried to file those as separate motions here. Special counsel Jack Smith is filing an omnibus opposition to both. He says, Trump's the grounds that Trump's rely on rely instead on distortions and misrepresentations. The defendant attempts to rewrite the indictment, claiming that it charges him with holy innocuous, perhaps even admirable conduct, sharing his opinions about election fraud and seeking election integrity, when in fact it clearly describes

the defendant's fraudulent use of knowingly false statements as weapons in furtherance of his criminal plans. The defendant's motion cite cases that upon examination undermine his arguments rather than support them, and he improperly challenges the government's anticipated trial evidence at the stage. The defendant also claims that he cannot have known his actions were criminal because, in the past, others who have questioned, challenged or protested election results were not prosecuted.

But the defendant, listen to this right here, but the defendant stands alone in American history for his alleged crimes. No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power. The indictment squarely charges the defendant for this conduct and the defendant's constitutional and statutory challenges to it are meritless. The defendant's motions should be denied. And I like the strategy here by special counsel, Jackson Smith to bring this as an omnibus motion right here. One of the

great analogies that special counsel, Jackson Smith makes is that we've said this before actually here on the Midas Touch Network. You probably know if you've been watching this, we're like, what Donald Trump is arguing is that bank robbers should not be charged with coming up with the plan to rob the bank. If ultimately they are unsuccessful in their robbery, Donald Trump's arguments are because he wasn't able to or that there was no consequence of the fact that the government was overturned, there can't be a conspiracy. That is completely without merit and special counsel, Jack Smith points that out, special counsel, Jack Smith says, look, to the extent that defendant, Donald Trump argues that he cannot be held responsible because no one would have relied on his assertions of fraud.

He is wrong. Lack of success provides no defense to a charge of conspiracy to defraud, much less any basis to dismiss the charge. The law of conspiracy identifies the agreement to engage in a criminal venture as an event of sufficient threat to social order to permit the imposition of criminal sanctions for the agreement alone, plus an overt act in pursuit of it. United States, V. Fiola, Hornbuck Law, regardless of whether the object of the conspiracy be achieved. Here's where special counsel, Jackson, it says what I said before, were it otherwise defendants captured in root to a bank robbery cannot be charged with conspiracy because their crime

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So if you aren't 100% satisfied, you'll get a full refund. Upgrade your sleep with Miracle Made. Go to trymiracle.com, slash legal AF, and use the code legal AF to claim your free three-piece towel set, and save over 40% off. Again, that's try miracle.com slash legal a f to treat yourself a friend or loved one this holiday season. And special counsel Jack Smith explains, look, the defendant also asserts that his statements were not deceptive because he genuinely believed

the election was stolen, right? You've heard Donald Trump say that it was my belief. I believe this. I believe that what Jack Smith says, but this two raises a matter for trial. This is a matter for trial, not on a motion to dismiss, but moreover, even if the defendant, Donald Trump, could supply admissible evidence of his own personal belief that the election was, quote, rigged or stolen, it would not license him to deploy fraud and deceit to remedy what he perceived to be wrong and it would not provide a defense to the charge. Even where a defendant uses deceit to obstruct government functions,

and he thought we're unconstitutional, the Supreme Court has made clear that, quote, a claim of unconstitutionality will not be heard to excuse a voluntary deliberate and calculated course of fraud and deceit. And then I think what was also just as powerful by special counsel, Jack Smith, is talking about Donald Trump's bogus first amendment defense that Donald Trump tries to make. And what I like about how it's the way special counsel, Jack Smith, args, and this is at the type of lawyers that I admire. They concede certain things and say, look, if this were the case, I agree, but

this is not the case because of this. Let's focus on the facts. Let's talk about these things that Donald Trump's lawyers are saying, but they're inapplicable to the facts here. What watch when I'm referring to here? Special counsel, Jack Sman says, the charges in the indictment do not criminalize protected speech. As the indictment recognizes, special counsel, Jack Sman says, the defendant, quote, had a right, like every American to speak publicly about the 2020 presidential election. And even to claim falsely that there had been outcome, determinative fraud during the election and that he had won. Had the defendant done no more, his statements pertaining to political matters

of public importance would have remained protected under the first amendment, even if false. Think about which special counsel, Jack Smith's conceding. Donald Trump, at that time, he could have lied. He could have lied. He could have said false things alone. But this case would have been horrific. It would have certainly been a dereliction of his duty of his constitutional duty, but he did something more. But the defendant did not stop there. Special counsel, Jack Smith says he instead made dozens of specific claims that there had been substantial fraud in certain states, such as that large numbers of dead, non-resident, non-citizen or otherwise ineligible voters had cast ballots, or that voting machines had changed votes for the

defendant to votes for Biden. He falsely stated, for example, that more than 10,300 dead people had voted in Georgia. Those were factual claims that were verifiably false and that defendant knew they were false. The defendant then used those lies as the instruments of his four criminal offenses. That's the key. That then he weaponized the lies to then engage in the criminal conduct and the conspiracies for which he is indicted on. It wasn't that he was just spewing a bunch of nonsense. He then used the nonsense to then engage in conduct, to engage in an act, to engage in

a crime, to try to overthrow our democracy. And that's where he crossed the line from despicable speech, but nonetheless, protective speech into criminality. And that's what this is about. These overt acts that he then took to try to undermine an overthrow and topple our democracy. And so I like that special counsel, Jack Smith addressed it there and his whole

strategy here of combining this omnibus opposition strategically, a brilliant move to try to combine what Donald Trump tried to intentionally separate so that Donald Trump's going to try to file all of these various Try to bring them all up to the DC circuit quarter BL separately What I think judge Eileen cannon's gonna do because she recognizes What the games Donald Trump's playing I think her order should be an omnibus order that combines all of Donald Trump's motions in one order. The hard part is that all of these are filed in different times. So frankly, it's just a lot of work for her to have to do.

But that's where I think that she should do. I think she will do. And I think she'll try to combine them as one. So they really all just go to the court of appeals. I think in one order that Donald Trump will try to, that Donald Trump will try to appeal versus four separate orders, which is Donald Trump's plan. But let me know what you think in the comments. Hit subscribe, we're on our way to two million subscribers

here at the Midas Touch Network. Thanks to your support. Also, you can check us out at patreon.com slash MidasTouch and have a great day. 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.

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