The MeidasTouch Podcast - BREAKING: Court of Appeals GRANTS DOJ Motion for Partial Stay In Trump Mar-a-Lago Search Case

Episode Date: September 22, 2022

The Eleventh Circuit Court of Appeals has GRANTED the Department of Justice’s Motion for Partial Stay regarding the 100 classified documents. This is a massive defeat for Trump and a massive embarrassment for the corrupted disgraced Judge Aileen Cannon. The 11th Circuit Panel consisted of two Trump appointees and one Obama Appointee, but they all voted unanimously that the DOJ should get its own classified records returned to it and that it was “self-evident” that Judge Aileen Cannon did not know the law!!! MeidasTouch co-founder and legal expert Ben Meiselas presents this breaking news report on this edition of 'The Mighty.' On The Mighty, we feature some of the most impactful responses, reactions, narratives, musings, and rants of Meidas content creators. New episodes of the traditional MeidasTouch Podcast featuring all the brothers drop every Tuesday and Friday morning. Read the ruling in its entirety: https://www.politico.com/f/?id=00000183-625b-da48-a3e3-e2ff83050000 Shop Meidas 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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at therealreal.com. Go to therealreal.com to get your $25 off. That's therealreal.com. I'm Ben Micellis from the Mid Touch Network, and this is a breaking news alert and the breaking news we've been waiting for. The 11th Circuit Court of Appeals has granted the Department of Justice's motion for partial stay regarding the 100 classified records, meaning those 100 classified records will go back to the Department of Justice. They will no longer be part of the special master process, and the Department of Justice can once again resume its criminal investigation of Donald Trump using those

100 classified records, which Trump and the corrupt judge he appointed, Judge Eileen Cannon, was prevented. Now, this ruling by the 11th Circuit Court of Appeals was an absolute smackdown of Judge Eileen Cannon, and it was a beautiful precision strike by the 11th Circuit. First, let's talk about the 11th Circuit's composition here. We have two Trump appointees, Andrew Brasher, Trump appointee, Britt Grant, Trump appointee, Robin Rosenbaum, Obama appointee. So the panel here, if you were to look at it at first, you would say, oh man, there's two Trump appointees, one Obama appointee, not looking good. But if you listened to the prior videos that we made here on the Midas Touch Network, I was telling you, the 11th Circuit takes it seriously. And even though Trump appointed someone like Judge Eileen Cannon, the depths of her going to make this ruling for him was truly unprecedented for her to just ignore fundamental principles of law and imperil our national security in such an outrageous way. That's why when I was talking about those

rulings with her, it was so outrageous. It was so maddening to legal observers like myself, but I digress. Let's get back into this ruling, which was the total and utter smackdown of Judge Eileen Cannon and Donald Trump. So it was a per curiam opinion, meaning it was a unanimous opinion. It was 29 pages in length. And the decision starts off by talking about following the execution of the search warrant at the residence of Donald Trump's house. He moved for this appointment of the special master. They talk about here in the very opening that the Department of Justice was just seeking this limited relief of the motion for partial stay as it relates to the 100 classified records. And the 11th Circuit made

clear that that's all they were going to be addressing here was that 100 classified record request by the Department of Justice. But what they really hinted at in the opening paragraph in the background was that if the relief was asking for more about this whole special master process, the 11th Circuit would likely say this process was completely outrageous and made no sense. That's reading between the lines, but they didn't even have to go there. They said, let's just address the issue of these 100 classified records. So they start off right away because one of the arguments Trump made in his brief to the 11th Circuit is that the 11th Circuit did not have even jurisdiction to hear it.

And the 11th Circuit was basically like, are you kidding me, Trump? Of course we have jurisdiction. We're the 11th Circuit and Judge Eileen Cannon, her order is preventing the Department of Justice and the executive branch from doing something with their documents and classified records. That is certainly something that we would have jurisdiction over. What are you talking about? And to the extent you claim we wouldn't have jurisdiction because it relates to the special master, we have pendant jurisdiction. We have essentially related jurisdiction as it relates to the special master because that whole process is inextricably intertwined with the order by Judge Eileen Cannon stopping the Department of

Justice from utilizing their own executive branch documents. Now, in finding for this motion for partial stay, the 11th Circuit first wanted to analyze whether the Department of Justice would prevail and had a probability of success on the merits. And they said they absolutely do have a probability of success on the merits. And they really just broke down all of Judge Eileen Cannon's absurd analysis of how she got to the conclusion by just jumbling facts and law to claim that these documents should be subject to the conclusion by just jumbling facts and law to claim that these documents should be subject to the special master and that the executive branch should not be entitled to look at its own executive branch documents. And so what the 11th Circuit says is, first off, there was never a

finding made by Judge Cannon that the government acted with a callous disregard here, which would be the first element of this legal test called the Ritchie test. the 11th Circuit because the Fifth Circuit became the 11th Circuit when there was more circuit courts created. So the Fifth Circuit binding precedent is binding precedent on the 11th Circuit, but it's neither here nor there. But in analyzing the factors, the government didn't act with callous disregard and there was no such finding made there. And then the next factor, Trump's claim to have an individual interest in these documents. The 11th Circuit said he's never even claimed to have a possessory interest over these classified records.

He hasn't even attempted to make a claim that he has those records or that he declassified those records or that he declassified those records. So if he has an individual interest in something, maybe he has an individual interest in other records, but certainly not these classified records and certainly not other government records. Let me read from you from the order right here. This is what they say. It's an elegant smackdown. The 11th Circuit goes, for our part, we cannot discern why Trump would have an individual interest or need for any of the 100 documents with classification markings. Classified documents are marked to show they are classified. For instance, with their classification level.

They are owned by, produced by, or for under the control of the United States government, and they include information, the unauthorized disclosure of which could reasonably expected to cause identifiable or describable damage to our national security. For this reason, a person may have access to classified information only if, among other requirements, he has a need to know for the information. This requirement pertains equally to former presidents unless the current administration in its discretion chooses to waive those requirements. Here it goes here. Plaintiff Trump has not even attempted to show that he has a need to know the information contained in the classified documents, nor has he established that the current administration has waived the

requirements for these documents. And even if he had, that in and of itself would not explain why Trump is claiming an individual interest in needing these classified records. So that was the analysis of the 11th Circuit, saying, Judge Eileen Canna, what are you talking about here? How could he claim an individual ownership in documents that belong to the government? The next test is whether there would be irreparable harm to a person like Donald Trump irreparable harm for the government to have its own government records, for the executive branch to have its own the things that they stole. Of course, they're going to want back things that they stole, but that doesn't mean that that factor should favor the criminal defendant or the individual under investigation for engaging in criminal conduct. This is what it says. It goes, but without diminishing the seriousness of that burden, quote, if the mere threat of prosecution were allowed to constitute irreparable harm, every potential defendant could point to the same harm and invoke equitable powers of a district court. If this concern were sufficient to constitute irreparable harm, court's exercise of their equitable jurisdiction would not be extraordinary. In fact, it would be quite ordinary. And so that was them telling Judge Eileen Cannon, you have no clue what you are doing

whatsoever here. And then the final factor that they analyzed is whether Donald Trump had an equitable or an adequate remedy in law other than through this process of begging the judge he appointed, Judge Eileen Cannon. And what the 11th Circuit says is that Trump hasn't even made a motion for return of property under the proper federal rule of criminal procedure, Rule 41G. He simply said in his motion that he may move for it, and he used a bunch of word salad. The 11th Circuit didn't say that, but implied that. I used a bunch of word salad, but he has a remedy.

The remedy would be to seek a motion for return of his property, but he hasn't sought that, number one. And number two, he can't seek a return of the confidential records and the classified top secret records, rather, which belongs to the executive branch, not to him. So based on that analysis, the 11th Circuit says on every single one of those factors, it's not even a close call that Trump loses. It's not even a close call when the 11th Circuit analyzes that. There are very few things that you can be certain of in life, but you can always be sure the sun will rise each morning. You can bet your bottom dollar that you'll always need air to breathe and water to drink.

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So basically it's like, Judge Eileen Cannon, what in the world are you doing? And then the next thing they analyze is irreparable harm and irreparable injury to our national security interests. And it goes here, we next consider the irreparable harm. And they're basically just telling Judge Eileen Kennett, let me give you a history lesson here. Since World War I, the executive branch has engaged in efforts to protect national security information by means of a classification system graded according to sensitivity. In practice, presidents have often used executive orders to protect sensitive information and to ensure its proper classification throughout the executive branch.

And so literally what the 11th Circuit is doing here is they're trying to give Judge Eileen Cannon and telling her how wrong her order is, just trying to explain to her in very basic terms how our government works. And frankly, just trying to do a public service, it seems here, because they didn't have to give this historical analysis of just what a government is and what the executive branch does. But I think they realized here in these pages analyzing the irreparable harm to our national security with all the disinformation that MAGA Republicans put out there. This 11th Circuit really took this seriously and I think wanted to educate the public as they were reading this to say, this is okay. I understand what the national security interests are here. Precisely because the United States criminal investigation is focused on past events, plaintiff responds that the United States is not irreparably harmed because it can be distinguished

from prospective national security review. We are absolutely not persuaded. The United States explains that there are circumstances where its national security assessment of the classified materials is inextricably intertwined with the criminal investigation. And that is a common sense notion. And they also go on to cite that the Department of Justice, unlike Trump, submitted actual evidence, submitted actual affidavits from top level security advisors, from top level people, top FBI officials talking about the harm to our national security interests if they can't get their 100 classified records. And Trump has put forward absolutely nothing. And then the final factor that you analyze over here is whether plaintiff, whether Trump has shown that he would suffer any substantial

injury as a result of the limited stay. And then they go, first, we've explained that Trump does not have a possessory interest in these documents. so he does not suffer a cognizable harm if the United States reviews documents that are owned by the United States and not Trump. Second, we find unpersuasive Trump's insistence that he would be harmed by a criminal investigation. Bearing the discomfort and cost of prosecution for crime, even by an innocent person, is one of the painful obligations of citizenship. In other words, they're saying to stop whining. Stop whining. You stall top secret confidential classified records. Stop whining. You are not above the law. Third, because of the nature of the classified materials at issue here,

and based on the record, we have no reason to expect that the United States' use of those records imposes the risk of disclosure to the United States of plaintiffs' privileged information. Because remember, the privileged information was subject to a separate filter team. You can't claim attorney-client privilege over classified records. You can't claim that it's attorney-client privilege when these records belong to the government. And to the extent there's privilege documents, those documents have already been segregated. And then finally, there's a public interest in favor of the stay here. It is self-evident that the public has a strong interest in ensuring that the storage of the classified records did not result in exceptionally grave damage to the

national security interest. I want to repeat that one more time. It is self-evident that the public secret sensitive compartmented documents need to be with the executive branch and the FBI and the DOJ so they could investigate your crimes. It is self-evident. So there you have it. It was a three, unanimous opinion. All three justices at the 11th Circuit voted together on this motion, and I think on this order rather, and I think a very, very, very important order, important for calling out. They didn't use the harsh language of condemning Judge Eileen Cannon, but she should now be referred to as the disgraced Judge Eileen Cannon, because after that 11th Circuit Smackdown, one of the most embarrassing, one of the most foolhardy, but frankly,

one of the most absurd and dangerous things Judge Eileen Cannon put us through trying to be Donald Trump's lackey. Seriously, shame on you, Judge Eileen Cannon, for all the harm you caused our nation. And if you're watching this or anybody you know is watching this, I want to look you right now in the eyes and say, you've disgraced our legal profession. You've disgraced our constitution. You've disgraced our country, and that will be your legacy, Judge Eileen Cannon. One big disgrace, you and Donald Trump. Justice has prevailed this evening. We should all be glad.

We should all breathe a sigh of relief right now that the wheels of justice turned in the right direction, in the right direction indeed. I'm Ben Mycelis from the Midas Touch Network. Hit the subscribe button right now if you like independent analysis like this, rapid fire, reading the 29-page opinion, boom. And then in addition, we just started a Patreon account. We're not funded by millionaires or billionaires. This independent media channel is fueled by you and you alone. And so if you want to help out, go to patreon.com slash Midas Touch. That's P-A-T-R-E-O-N dot com slash Midas Touch. And you can help join one of the membership tiers with exclusive benefits and perks. I'm Ben Mycelis,

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