The MeidasTouch Podcast - Jack Smith DROPS THE HAMMER on Trump in SCATHING Opposition

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Starting point is 00:00:50 charge bet mgm operates pursuant to an operating agreement with iGaming ontario i'm ben mysellis from the Midas touch network special counsel jack smith has filed an opposition to Donald Trump's attempt to try to get a trial continuance in the Mar-a-Lago document case before Judge Eileen Cannon. Trump wants the case extended until after the November 2024 election. And in this opposition, special counsel Jack Smith just completely smacks down Donald Trump's arguments and calls out Donald Trump and Donald Trump's lawyers for just whining and complaining that they actually have to travel outside of Mar-a-Lago to review sensitive compartmented information and classified documents, which they stole. Here's my favorite line from special counsel Jack Smith's opposition to Trump's motion for a continuance before Judge Eileen Cannon. Then let's get into the weeds. Here's what Jack Smith writes. He goes, to be sure the extreme sensitivity of these special measures documents that Trump illegally retained at Mar-a-Lago presents logistical issues unique to this case, but the defendant, Donald Trump's allegation that those logistical

Starting point is 00:02:16 impediments are the fault of the SCO, the security clearance officers are wrong. The defendants claim that the SEO has failed to timely remedy the situation or to make very basic arrangements in this district are completely and utterly false. So let's get into the motion. But there you got Jack Smith saying, all right, Judge Cannon, you've got Donald Trump complaining and whining that it is a little bit difficult for him to look at a handful of documents like nuclear secrets. Yeah, it's because he stole those documents and it's because of his own conduct why we are dealing with this. Oh, and then Jack Smith shows Judge Eileen Cannon some shade at all. Here's where he does that. Then I'll give you more of a fulsome review.

Starting point is 00:03:07 But I want to show you the shade at Judge Cannon where Jack Smith goes. Defendant Donald Trump argues that the lack of SCIF space here at the courthouse in Fort Pierce and the anticipated three-month period before secure facilities are constructed further require a continuance. And just so you remember, a SCIF is Sensitive Compartmented Information Facility because we're dealing with classified documents here that Donald Trump stole. That's what he's being charged with. Willful retention of national defense information, which includes classified information, sensitive compartmented information, top secret information, has to be viewed in a sensitive compartmented information facility pursuant to a SEPA Section 3 protective order, which Judge Cannon did not enter until September 13th, despite special counsel Jack Smith providing one back in June for her to sign off on. So here, what Jack Smith is saying is that Trump's arguing that the lack of a sensitive compartment and information facility space at Fort Pierce, the trial where the court is, where the trial will take place. That's where Judge Cannon sits. That's why Trump says he needs a continuance of the trial date. And Jack Smith goes here to Judge Cannon. But that was the situation facing the court when it scheduled the trial for May 2024. And the only change since then is that the Hope for Construction project

Starting point is 00:04:47 is now a reality. Did you see the slight shade right there? It's subtle, but I want you to pick it up. Jack Smith saying, Judge Cannon, you set this trial date for May of 2024. You knew at that time when you said you wanted the trial to take place in Fort Pierce, you could have had it take place in Miami where there is a sensitive compartmented information facility, but you, Judge Cannon, wanted it in Fort Pierce, even though there wasn't a SCIF facility built then. So that's on you, Cannon. Nothing's changed. Oh yes, but something has changed, Judge Cannon, Jack Smith says. The sensitive compartmented information facility is now being built and it will be ready. So the only difference that's occurred here now

Starting point is 00:05:39 is that the sensitive compartmented information facility is being built. So that would cut against a continuance. And Judge Cannon, the shade here too, is you should be doing this trial in Miami, not in Fort Pierce. But in any event, the SCIF's already being built. So what are we talking about? So then Jack Smith goes, the defendant's other argument, Trump's other argument that the court lacks the ability to hold classified hearings is an overstatement.

Starting point is 00:06:09 CISOs, classified information security officers, routinely take measures to make a courtroom or a judge's chamber a temporary secure location suitable to hold a classified hearing. And the CISO has informed the SCO that he can do so here for any hearings not involving the special measure documents, like the nuclear secret type of the highest level, the most sensitive of the sensitive batch of documents. So again, you see Trump's argument for the delay, one of it, is that Judge Cannon, this facility in Fort Pierce, we'll deal with that at the appropriate time. But that doesn't in any way merit a continuance here. It's fall, which means you should be picking apples, not wedgies. Get yourself new underwear that'll take care of your whole fruit basket. That's Tommy John.

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Starting point is 00:08:19 Save 20% at TommyJohn.com slash Midas. That's TommyJohn.com slash Midas. That's TommyJohn.com slash Midas. See site for details. And then for the rest of the brief, Jack Smith's overall point is, look, we've turned over hundreds of thousands, about 800,000 plus records to Trump already. The only delays that have been caused is that you, Judge Cannon, took until September 13th to issue the protective order, that Donald Trump's lawyers took extra time to get their security clearances that they needed. That was the only subject of the delay. And in any event, is Donald Trump really going to be making the argument as it relates to the classified documents that they're not national defense information?

Starting point is 00:09:12 I mean, Jack Smith's more broader, more logical point is, shouldn't it be basically stipulated that these documents, like nuclear secrets, are national defense information. So that Donald Trump's defense, if he has one, and look, everyone's entitled to a defense, is not, are these documents national defense information? They clearly are. But the intent, how they were moved there, specifically the intent element, and you don't need the hypersensitive classified documents to be able to make that argument. But in any event, we're talking about what documents hasn't Donald Trump seen, maybe a small handful of documents at this point, the most sensitive of the sensitive records that Donald Trump previously stole that are subject to what's called SEPA Section 4 proceedings, where Jack Smith could be requesting that a summary of the documents take place in lieu of actually

Starting point is 00:10:18 making the nuclear codes available in the SCIF, just summarizes them to say these involve nuclear information about this country, that country, and the judge blesses it and signs off. That's what SEPA section four is about. And the deadline for that, which Judge Cannon has already continued, was supposed to be October 10th as she issued like a stay. She called it a temporary stay, but without any other dates. And so if you've been following the hot takes too, you'll note that Donald Trump made his request to continue the trial in a reply brief. Remember how I said that was so disingenuous for him to do that? Because what Trump did was he fought, and this is just like the just kind of tricks and tactics, all completely

Starting point is 00:11:13 improper that his lawyers use, you know, and just so unethical what his lawyers did here. So, and it's a small thing, but it's just how they operate in everything that they do is always unethical. So what Trump's lawyers did is they filed a motion to continue the SEPA Section 4 date, Classified Information Procedures Act date. But when we read that and when I reviewed it, you may recall my hot take, I was like, it seems like what they're really asking for is a continuance of the trial, but they didn't ask for a continuance of the trial. Jack Smith called that out in the opposition and then in Trump's reply, because the way briefing works is you get motion,

Starting point is 00:11:57 opposition, reply, and usually can't respond to a reply. So Trump utilized his reply, which is usually the last word, to basically say, we want to continue the trial, changing the reply into a motion to continue. So what Jack Smith did in response here was not ask to file what's called a surreply, a reply to a reply. What Jack Smith filed was the government's response in opposition to defendant's motion for adjournment of trial date, because what Trump should have filed was a motion for adjournment of trial date, if that's what he was asking for, not put it as a reply. So Jack Smith took the procedurally correct steps in doing that. And then Jack Smith's overall argument is, look, with the trial date more than seven months away, the defendants have moved the court to

Starting point is 00:12:50 continue the trial for an additional seven months to a date shortly after the November 2024 election. This court already rejected that position once, less than three months ago, in an order setting trial for May 2024, by appending a motion to continue trial to his recent reply on a motion to adjust the schedule under the Classified Information Procedures Act, defendant Donald Trump confirmed that his SEPA scheduling motion was but a precursor to a motion to continue the trial. As set forth below, the government has provided the defendants extensive prompt and well-organized, unclassified discovery, yielding an exhaustive roadmap of proof of the detailed allegations and the superseding indictment. The vast majority of classified discovery is also available to defendants. For a small fraction of the discovery that is among

Starting point is 00:13:47 the most highly classified material, certain enhanced security protocols have raised additional obstacles to full access. As to those materials, the classified information security officer, CISO, has advised the government that he expects even those materials to be available for review and discussion by cleared counsel this week. None of the issues raised in defendant's motion warrants the continuance they request. And so just saying, look, we've turned over now over 800,000 unclassified documents. We've turned over the classified documents. We've turned over the classified documents. All of the delay has been caused by you. And by the way, also by you, Judge Cannon, by Trump and Judge Cannon. And what are we talking about here? Let's go. Let's have this trial date. So a smart motion by Jack Smith, the way he

Starting point is 00:14:38 framed it, I think was great. I mean, look, you have a corrupt Judge Cannon who knows what she will do. Probably the wrong thing, but wanted to give you the update there. I'm Ben Myselis from the Midas Touch Network. Hit subscribe. We are on our way to 2 million subscribers. Thanks to your support. Check us out at patreon.com slash Midas Touch, P-A-T-R-E-O-N.com slash Midas Touch. Have a great day. Hey, Midas Mighty. Love this report. Continue the conversation by following us on Instagram at Midas Touch to keep up with the most important news of the day. What are you waiting for? Follow us now.

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The MeidasTouch Podcast - Jack Smith DROPS THE HAMMER on Trump in SCATHING Opposition

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