The MeidasTouch Podcast - FED UP Jack Smith CORNERS Judge Cannon

Episode Date: February 12, 2024

MeidasTouch host Ben Meiselas reports on Special Counsel Jack Smith’s latest move after Judge Aileen Cannon tried to bait him as she seeks to help criminal defendant Donald Trump.  Thanks to Beam! Get up to 40% off for a limited time when you go to shopbeam.com/MEIDAS and use code MEIDAS to try Beam's best-selling Dream Powder! 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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please contact Connex Ontario at 1-866-531-2600 to speak to an advisor free of charge. BetMGM operates pursuant to an operating agreement with iGaming Ontario. So, Special Counsel Jack Smith weighed his options after Judge Eileen Cannon made a very unusual and, dare I say, unlawful order on Friday after court closed and Jack Smith decided for now to avoid delay this one specific document that I previously filed under seal and ex parte with Judge Eileen Cannon because she granted our request to file it under seal and ex parte, meaning just before Judge Eileen Cannon off the public docket and so Donald Trump couldn't see it, special counsel Jack Smith said even though Judge Eileen Cannon off the public docket and so Donald Trump couldn't see it, special counsel Jack Smith said, even though Judge Eileen Cannon on Friday ordered that we turn this document back over to Donald Trump. And despite that being a very unlawful order,

while Jack Smith has already filed a motion for reconsideration regarding a larger issue at play. Jack Smith made the call, I'll turn over this one exhibit to Donald Trump. Sources told Yuga Lowell of The Guardian, who's been doing a great job reporting on this, he's got some great sourcing, he said the following over the weekend on Sunday. New, special counsel Jack Smith produced to Trump a sealed exhibit about threats to a potential trial witness after Judge Cannon ordered it turned over in the classified docs case per a person familiar, despite prosecutors' objections to doing it. Let's break it down. I want to explain to you the strategy here by Special Counsel Jack Smith, what I think happens next. So on Friday, February 9th, Judge Eileen Cannon, essentially after court closed, or right around when court was closing, issued this paperless order. We've talked about

it here before. Judge Cannon's been issuing paperless orders and not substantive orders to try to delay things and to kind of create havoc on her docket and to try to avoid her orders becoming appealable orders because trial court judges have a lot of discretion when it comes to scheduling things. And so when it comes to scheduling and kind of day-to-day stuff, not substantive orders, it's hard to appeal things like that. And so Judge Cannon's trying to avoid making substantive rulings that Jack Smith can go to the 11th Circuit and get her reversed on. But she previously made a somewhat substantive order where Jack Smith filed a motion for reconsideration of her order.

And that's, I think, where Jack Smith is teeing up this appeal to the 11th Circuit that I think could happen if Judge Cannon doesn't reverse herself soon. And that could even potentially result in the 11th Circuit removing Judge Cannon if she does not reverse herself. I'll break it all down so this isn't confusing. There's a lot of different kind of issues at play here. So just go through the paperless order by Judge Cannon on Friday. It says, paperless order redesignating ex parte sealed filing 296, that refers to document 296 on the docket, as sealed filing only upon in-camera review of the subject attachment and mindful of the disfavored nature of ex parte proceedings, the court reaffirms the special counsel's request to seal the attachment

referenced in the special counsel's motion for leave, but finds an insufficient basis provided to deviate from the adversarial process in this instance. The special counsel is directed to transmit the exhibit to defendants on or before February 10th, 2024. The exhibit shall remain sealed pending further court order signed by Judge Eileen Cannon. So she makes that order on February 9th as courts are closing, orders Jack Smith to turn over this exhibit which was previously filed under seal and ex parte, meaning Trump's lawyers didn't see it. That's the ex parte. That's what that means. Under seal, meaning it's not on the public docket. Judge Eileen Cannon saying, we will keep it sealed, meaning the public won't be able to see it, but it won't be ex parte anymore. It will be under seal only. So by February 10th,

Jack Smith turned over this exhibit to Donald Trump. Jack Smith did turn that over, according to Yugo Lowell's sources. But what does this all relate to? Sleep is the foundation of our mental and physical health. When you're sleeping well, you can perform at your best mentally and physically. Proper sleep can also increase focus, boost energy, and improve your mood. Introducing Beams Dream Powder, a science-backed healthy hot cocoa for sleep. If you know me, you know that dream has been an absolute game changer for my sleep. Sometimes I find myself up at night in bed with my thoughts and uneasiness.

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study, 93% of participants reported Dream helped them get better sleep. Beam Dream is easy to add to your nighttime routine. Just mix Dream into hot water or milk, froth, and enjoy before bed. Find out why Forbes and New York Times are all talking about Beam and why it's trusted by the world's top athletes and business professionals. If you want to try Beam's best-selling dream powder, get up to 40% off for a limited time when you go to shopbeam.com slash Midas and use code Midas at checkout. That's shopbeam.com slash Midas and use code MIDAS for up to 40% off. We're not talking ex parte. These are undersealed documents that were produced during discovery in the Mar-a-Lago criminal case that Judge Eileen Cannon's presiding over that include confidential witness lists, confidential government reports, which is often referred to as Jenks material, FBI code names that are things that special counsel Jack Smith and the government turned over during the discovery in the case pursuant to a protective order where there's good cause to keep this material under seal. Judge Eileen Cannon ordered that that be filed in the public docket, that it remove its sealing and it remove its redaction so that the public learns who these confidential witnesses are.

The public gets to read all of these government confidential reports. The public gets to see FBI code names. And these are things that could kind of compromise the ongoing case. That's why in the discovery process before the case goes to trial, this stuff remains confidential. And also, it could compromise future criminal cases and other investigations, for example, by revealing the identity of confidential government investigatory tactics, information, and code names, which may cross-reference in other criminal cases. What Donald Trump did is he took the discovery material that Jack Smith turned over

pursuant to the protective order that was issued by Judge Eileen Cannon. Trump attached it to like a frivolous motion to compel. So then Trump argued, well, now that it's on a public docket, unless the government can show that there's a compelling government interest to keep this stuff confidential, it now needs to be disclosed to the public. In other words, Trump argued because he took this stuff that was part of discovery, put it on the public docket, it now became presumptively public information. And Special Counsel Jack Smith said, absolutely not. Judge Eileen Cannon sided with Trump and said, Special Counsel Jack Smith, the government has not showed a compelling government interest to keep this material confidential. Special Counsel Jack Smith then filed a motion for leave with Judge Eileen Cannon and said, look, this all happened last week. Look, Judge Cannon, we're about to file a motion

for reconsideration on Thursday to your order requiring us to disclose this confidential information that was under seal and put it on the public docket. But Judge Cannon, we want to share with you as part of our motion the fact that the Department of Justice is currently involved in a separate criminal investigation regarding threats to a witness in this federal criminal case before you. And we want to show that to you to explain why revealing all of this information on the public docket like you want us to is going to result in more threats to witnesses because we're already having these criminal investigations through other members of the Department of Justice to witnesses in this case. And we want to submit it to you, Judge, ex parte and under seal,

because it's not really related to this case. Trump doesn't need to see it. It's not discovery material in this case that's exculpatory to Donald Trump that we have to turn over. We just want to show you this other investigation is taking place. So Judge Cannon's like, okay, submit it to me, ex parte, and under seal. On that basis, on Thursday, Special Counsel Jack Smith and the government filed their motion for reconsideration and filed document number 296, which was this exhibit that's showing the Department of Justice's other criminal investigation about threats to a witness in this criminal case before Judge Eileen Cannon. And then as soon as Judge Cannon got that document, she waited until Friday after telling Jack Smith, sure, you could file it ex parte, meaning Trump can't see it, and under seal, meaning the public can't see it.

And then on Friday when court closed, Judge Cannon, this is why I wanted to give you this context, because you see the game she's playing. She then issues a paperless order redesignating the ex parte, meaning Trump can't see it, as just a sealed filing, meaning it's off the public docket, but turn it over to Donald Trump. And she says upon an in-camera review, meaning just her own review of the subject detachment and mindful of the disfavored nature of not turning over documents like this in an adversarial case, she says she orders Jack Smith to turn it over with one day. So Jack Smith really wouldn't be able to have the time to file an appeal with the 11th Circuit. So turn over this DOJ investigation to Donald Trump right there. It should be noted in special counsel Jack Smith's motion for reconsideration that he filed on Thursday, he pointed out to Judge Eileen Cannon, regarding this broader disclosure you want us to make of all of the confidential witnesses

in the case, dozens of them, and FBI code names, and confidential government reports. Judge Cannon, you provided the wrong legal standard. You said that we have to show a compelling government interest. It's actually a good cause standard, a lesser standard when it comes to discovery material. It doesn't become a compelling government interest standard simply because Trump attached it to a filing that he made on the public docket. There's an 11th Circuit case directly on point. But Judge Cannon, even if you say that we had to show you that there was a compelling government interest, special counsel Jack Smith says there was, there would be manifest injustice. In essence, you'd be causing witnesses to have their lives placed in jeopardy if these names are made public as evidenced by this exhibit that you told us that we could file ex parte and under seal, among other reasons.

Courts have always recognized witness safety as being a very compelling type of need. So Judge Cannon responded on Friday, turned this document, this exhibit over to Donald Trump that was filed ex parte. So now you have this motion for reconsideration before Judge Cannon. Judge Cannon gave Trump and his lawyers until February 23rd, so like, give him like two weeks to respond because she's delaying and delaying and delaying things. It should take two days at most for Trump to respond to special counsel Jack Smith's motion for reconsideration. But Judge Cannon realizes that she's trapped, so she's trying to do something. So ultimately here, I think special counsel Jack Smith knows that Judge Eileen Cannon's in a bind. I think he also knows that with respect to this document that she's now ordered him to turn over to Donald Trump. By Trump learning about this witness who's being

threatened, I think what special counsel Jack Smith and his team can then do is see if Trump's going to be using that information to do anything to the specific witness as well. Will Trump be saying things about this witness in public now? Will Trump take any action or will we see a heightened threat directed at this specific witness because Judge Cannon has ordered that this be turned over to Donald Trump. And that can add to the weight of information, the body of information and body of evidence that Special Counsel Jack Smith can eventually take to the 11th Circuit Court of Appeal when seeking to remove Judge Cannon or when seeking to reverse Judge Cannon at a later period of time. So I think that's what's kind of going on. Jack Smith's like, look, turn it over to, you know,

I'll turn over this one exhibit to Donald Trump. It is what it is. We'll see if the witness faces more threats linking it to Donald Trump. It may actually serve to benefit us by giving this information and seeing what happens now that Cannon told Trump to, told us to give it to Trump. And then we can kind of show Cannon and the 11th Circuit how dangerous she is also filing an emergency appeal on this issue is not going to be as strong as the broader issue for the motion for reconsideration. If Judge Cannon does not

overturn herself when I'm talking about a motion for reconsideration, saying, Judge Cannon, you applied the wrong law and wrong standards. Overturn yourself. If not, we're going basically to the 11th Circuit. It doesn't say that specifically, but it says it implicitly. Then Judge Cannon can face a more kind of serious consequence from the 11th Circuit. So I think you have here Jack Smith being very kind of circumspect and careful and deliberative, knowing that he's got Judge Cannon on the ropes. But I wanted to break down for you why it is that he turned over this one exhibit, what this exhibit is, this DOJ investigation, how nefarious it was that Cannon said, sure, file this ex parte under seal. And then Jack Smith did it.

And then on Friday, she says, actually, now turn it over to Trump now that I've seen it and gave one day when courts are closed and why Jack Smith's doing what he's doing. Hope that was a fulsome analysis that helps you understand it. I'm Ben Micellis. This is the Midas Touch Network. Hit subscribe. Let's get to 3 million subscribers together and have a great day. Love this video? Make sure you stay up to date on the latest breaking news and all things Midas by signing up to the Midas Touch newsletter at MidasTouch.com slash newsletter.