The MeidasTouch Podcast - After THREATENING Witnesses, Trump BEGS Federal Judge for HELP

Episode Date: October 12, 2023

MeidasTouch host Ben Meiselas reports on Donald Trump begging Federal Judge Tanya Chutkan for access to classified documents in the DC federal criminal case being prosecuted by Special Counsel Jack Smith despite Trump’s outrageous behavior before the judge.  Head to https://rhone.com/meidas and use code MEIDAS to save 20% off your entire order! 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 Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

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BetMGM operates pursuant to an operating agreement with iGaming Ontario. I'm Ben Micellis from the Midas Touch Network. In the Washington, D.C. federal criminal case against Donald Trump before federal judge Tanya Chutkin being prosecuted by special counsel Jack Smith for Trump's attempt to overthrow the 2020 election results. Donald Trump is seeking to gain access to SEPA Section 4 information, classified documents, in other words, that special counsel Jack Smith wants to submit to Judge Tanya Chutkin ex parte and without Donald Trump looking at the documents because of their sensitivity. Donald Trump wants access to these classified documents and is demanding access to these documents in this absolutely absurd,

clownish motion that I want to discuss to understand what's going on here let's first just do a brief reminder that sipa stands for classified information procedures act and sipa is a procedure that deals with how do the prosecution and defendant deal with highly classified, sensitive, top secret, compartmented information during cases where there is a Sixth Amendment right and other due process rights that criminal defendants have to get access to information that is relevant to the case so that they can establish their defenses before the jury. We all agree they should have a right to that. But what do we do when some of these documents are highly classified and that by showing it to a criminal defendant can cause serious national security concerns? SEPA addresses that and SEPA Section 4 goes even deeper than SEPA

because SEPA, Classified Information Procedures, acts like, look, where are classified documents reviewed in cases that involve classified information? They must be reviewed in SCIFs, sensitive compartmented information facilities. How do we transport these documents? What times can these documents be looked at that are classified? Well, let's rely on what's called a classified information security officer, a CISO, who can help in the handling of these documents. How do they get filed? How do they get shipped to the courtroom? All of that is governed by the Classified Information Procedures Act. So obviously SEPA is a major issue in the Southern District of Florida case before the corrupt Judge Eileen Cannon, who Donald Trump appointed back in 2020, who's presiding over the case involving Trump's theft of classified documents. In that case, Judge Cannon has temporarily stayed

and delayed all of the deadlines regarding the SEPA procedures there. I've done other hot takes on that because she's causing this incremental delay, delay, delay that I've predicted is trying to derail the trial date there, which is scheduled for May of 2024. So that's the Southern District of Florida. But here, this motion that Donald Trump just files in the Washington DC case before federal judge Tanya Chutkin, because there are a subset of highly classified documents there as well. And that case relates to Trump's attempt to overthrow our democracy and special counsel Jack Smith's like, look, there's a SEPA protective order. That's that issue. But there are still the subset of documents here under SEPA section four that we do not want to turn over to Donald Trump's lawyers

at all, even though there's what's called a Brady right to see any potential documents that may be exculpatory, that may tend to be utilized in any criminal defendant's defense. We don't want to turn that over to Donald Trump. But what SEPA Section 4 says is that's okay when you're dealing with this highly sensitive subset of very sensitive classified information where a prosecutor can move ex parte, can go to the judge directly, even without the other side, and say, judge, here's the issue. Instead of the document itself, can we summarize in a way that still gives the defendant understanding and knowledge about what this document is? Can we summarize the document and provide another means that satisfies the

defendant's due process rights, but also balances that with our national security interests? That's a SEPA Section 4 motion. I'm oversimplifying a little bit, but that's basically what a SEPA section 4 motion is. So Jack Smith did a SEPA section 4 motion in the Southern District of Florida where Judge Cannon delayed that essentially indefinitely, although Cannon calls it a temporary delay. Judge Chutkin is moving the case forward, unlike Judge Cannon. So Judge Chutkin's like, okay, let's move ahead. Let's do briefing on this issue, but in an expedited way. I'm not doing indefinite temporary delay. So then Trump files this, Donald Trump's motion for access to SEPA Section 4 filings. You see, that's why I wanted to give you the background of what SEPA Section 4 is before going into some of the details,

the nooks and crannies of this motion, so you understand that this is about Jack Smith's wanting to substitute a summary in place of a very sensitive classified document or documents because there's a belief that it would harm our national security interests. And you have Donald Trump's lawyers saying, nope, we want the document. Trump wants access to the document. So that's what's going down here. And now let's take a quick break to talk about our next partner, Roan. If you're like me, you understand the pains of finding out what to wear. Let's face it, most clothes are uncomfortable or too tight or never actually the size that you really are. And not to mention the annoyance of trying to put together a good outfit. And when you finally do have a good fit,

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dot com slash Midas and use code Midas. It's time to find your corner office. And now back to the video. And when I say it was a clownish motion, just look how it even starts. President Donald Trump's motion for access to C-section 4 filing. If you want to say former president, that's fine. If you want to say criminal defendant, that's better or defendant Donald Trump's. But when you're referring to yourself already as the president, a judge is not going to take you seriously when you're not the current president. So already it shows the lack of seriousness and why documents need to be withheld.

Remember, Donald Trump's the only former president who doesn't have access to kind of our national security daily briefings because of what a danger he is to our country. And so here's what the motion that Donald Trump's asking for. He says, Donald Trump respectfully, and they call up, they say president. I'm not going to read it every time it says that though. Donald Trump respectfully submits this memo in response to the court's October 6th, 2023 order seeking access to the September 25, 2023 SEPA Section 4 filing by Jack Smith, Special Counsel's Office. A motion pursuant to SEPA Section 4 is a critical juncture where the government asks the court to endorse the withholding of discoverable material by determining inter alia, Latin for among other things, whether the material is relevant or helpful to the defense.

In effect, because SIPA creates no new rights or limits on discovery of a specific area of classified information, prosecutors filing a motion pursuant to this provision are seeking permission to withhold Brady material. Brady material is exculpatory material that has to be turned over in a criminal case. These motions require the court to stand in a defendant's shoes, predict the defenses the defendant has not yet presented, and is entitled to develop and modify the cases submitted to the jury for deliberations and protect important defense rights to exculpatory information relevant to trial and sentencing, including impeachment material. I don't think, I don't fully agree with that. I think that overstates what SEPA section four is because it will allow a summary in place of the actual document. It doesn't require the judge to like predict all of the defenses. The way I would conceive of it is it requires a judge to balance national security

interests with the due process Brady right interests of a criminal defendant. That's how I would phrase it. In contrast to the mandatory terms of another statute, SEPA section four makes clear that the court may but need not allow the prosecutor to shield their submission. They go from President Trump. It should be from Donald Trump. While acknowledging the court's discretion to permit the special counsel's office to proceed ex parte under Section 4 in this crucial setting, we respectfully submit that doing so is not necessary. We seek attorney's eyes only access to the paragraphs and pages of the submission that are not portion marked as classified and to the office's citation to legal authority which are not classified.

In light of the court's October 6th order ruling regarding the public access, we recognize that any such redacted version of the SEPA Section 4 submissions would be maintained under seal and subject to the protective orders in this case. A few things to note here. Number one, you see that they understand that Judge Chudkin knows the law, unlike the way they treat Judge Cannon in the Southern District of Florida. Because the way they treat Judge Cannon is, hey, Judge Cannon, what is this SEPA Section 4? Just delay all the deadlines. And then Judge Cannon does it. On the other hand, you see here with Judge Chutkin, how they respect her and they're basically recognizing that she knows what the law is. So what they're trying to do is they're saying, look, why don't we make a deal here, Judge Chutkin?

Why don't you let us, if we don't get all of the SEPA Section 4, why don't we make a deal here, Judge Chutkin? Why don't you let us, if we don't get all of the SEPA section four, why don't we just see the case citations and authorities, and maybe we could look at a few other pages. You could trust us, Chutkin. We'll do it as attorney's eyes only, meaning that we won't even share it with Trump. That's a solution, right? Well, when you're arguing in other briefs, first of all, that Donald Trump threatening to execute witnesses is acceptable behavior. When you're out there giving media interviews each and every day, and in these media interviews where you're talking about the legal strategy, attacking the judge every single day.

When you're engaged in all of that behavior, yeah, I don't think the judge is going to be okay with your attorney's eyes only. I think that the judge is going to be very skeptical of you. When you keep calling Donald Trump the president when he's not, again, I think the judge is going to look very skeptically on you here. But you see how they're trying to say, OK, we want Trump to get it. But if not, maybe you cut a deal. Let's just look at a little bit of it, please, judge. And that's the kind of overall Trump strategy. He tries to take a little, a little, a little, a little.

And before you know it, incrementally, the whining and the complaining and all of that has now kind of incorporated, encapsulated everything. And that's where Judge Chutkan, not Judge Cannon, has to be focused on, and she will absolutely be. We'll keep you updated, but this is Trump's attempt to learn more about what those classified documents could be in the DC case. I'm Ben Mycelis from the Midas Touch Network. Hit subscribe. We're on our way to 2 million subscribers thanks to your support. Support the Midas Touch Network at patreon.com slash Midas Touch. Have a great day. Hey Midas Mighty, love this report? Continue the conversation by following us on Instagram

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