Legal AF by MeidasTouch - UH OH! Trump Dismissal Could QUICKLY BACKFIRE…

Episode Date: November 27, 2024

Gotcha! That’s the sound of the Special Counsel and Federal Judge Chutkan getting the best of Trump concerning the DC Election interference criminal prosecution and it being dismissed only “temporarily” until Trump leaves office. Michael Popok reports on how Chutkan also provided Jack Smith and his office some cover on any future retaliatory prosecution by Trump’s DOJ and Attorney General. Qualia Life: To boost YOUR NAD+ levels up to 50%, Go to https://qualialife.com/TRUTH for up to 50% off and use code TRUTH at checkout for an additional 15% off. 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 MissTrial: https://meidasnews.com/tag/miss-trial 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 On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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19 plus to wager. Ontario only. Please play responsibly. If you have questions or concerns about your gambling or someone close to you, please contact Connects Ontario at 1-866-531-2600 to speak to an advisor free of charge. BetMGM operates pursuant to an operating agreement with iGaming Ontario. Gotcha. That's the sound I made when I read two pieces of paper this evening. One, the special prosecutor's paper

asking Judge Chutkin for leave to dismiss the indictment against Donald Trump without prejudice because of the temporary nature of the immunity that Donald Trump as a current or soon to be sitting president enjoys. And then what Judge Chutkin did just about an hour later in granting the motion for leave and reminding Donald Trump's side that this indictment dismissal is temporary in nature

at best. Gotcha. I'm Michael Popak. You're on the Midas Touch Network and on Legal AF, and I'm going to give you the drill down, and I'm going to get you to the point, I hope, by the end of this hot take where you say gotcha as well. Let's start with the three pieces of paper that were all filed sequentially. Boom, boom, boom. Right now, we call them in the business on the docket number 281, number 282, number 283. Those are pretty ordinary sounding document numbers for some pretty amazing

things that just happened. As expected, as we've prepared our audience for, Jack Smith is dismissing the indictment against Donald Trump alone in the DC election interference case, the four criminal counts, but he's doing it temporarily. We reported earlier on MidasTouch the type of paper he filed for that. It was a motion for leave to dismiss without prejudice, citing to the Office of Legal Counsel, the OLC, which provides the Department of Justice with their binding decisions and analysis as to whether under the Constitution and prior case law, they can continue to prosecute somebody who committed the crimes when they were last president and after their president and now got elected to the office again. The answer by the OLC,

which binds the Department of Justice, it's like their internal Supreme Court, is they can't do it. I will bore you with all the details. It has to do with the impairment concerning the office of the presidency have nothing to do with Donald Trump. Finding that the public stigma and a probrium that would be visited upon the person occupying the office for having to defend himself in a prosecution would weaken the president's ability to do their constitutional function. We could debate all night long whether that's true or not, but putting that black cloud of Donald Trump's own making over the presidency undermines his article to powers under the Constitution. We're going to hear a similar argument in the sentencing of Donald Trump down the road when we come around to the December 2nd filing by Donald Trump in New York.

That's the half the gotcha. Here's the second gotcha, or the first half. In their filing, they made it clear by the special prosecutor's special counsel's office, Molly Gaston, signing for Jack Smith. They were doing this temporarily, that it was without prejudice. That is a term of art we use in my line of work to signal that we will have the right to file something again. Something's being dismissed temporarily for right now, not permanently. As long as the statute of limitations

hasn't run, which it won't here, the rest of it happens. They can refile their indictment. They can get a new indictment. It's without prejudice. Now, Donald Trump did not oppose this motion. I would have. I would have set the groundwork to at least argue before the appellate court in the future, four years hence, that the whole case should have been dismissed with prejudice, meaning never to be filed again, had an argument, had a debate about the temporary nature of this immunity that the special prosecutor rightly claims exists that lifts as soon as Donald Trump stops occupying the office of the presidency. But they gave up that fight. And Judge Chutkin probably realizing that didn't want to give

the other side, Trump, time to fix it and to file a paper in between so she immediately, as is her want, filed an order and an opinion in which she granted quickly, I mean within hours, like an hour, the department.