The MeidasTouch Podcast - Jack Smith FILES URGENT LATE NIGHT Brief on TRUMP THREATS
Episode Date: June 23, 2024MeidasTouch host Ben Meiselas reports on Special Counsel Jack Smith’s late night reply in support of imposing a gag order on Donald Trump. Cancel unwanted subscriptions – and manage your expens...es the easy way – by going to https://RocketMoney.com/meidastouch Visit https://meidastouch.com for more! Visit https://meidastouch.com for more! Join us on Patreon: https://patreon.com/meidastouch 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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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BetMGM operates pursuant to an operating agreement with iGaming Ontario. This is what Special Counsel Jack Smith just put in his reply papers to Federal Judge Eileen Cannon.
It's powerful, and he's sending a message to Judge Cannon.
He says, tolerate any other defendant deliberately creating such immediate risks to the safety of law
enforcement. And this court should not wait for a tragic event before taking action in this case
regarding Donald Trump's behavior that is placing the lives of FBI agents and Department of Justice officials in jeopardy.
And in this motion, and I'll tell you more about it in a moment,
Special Counsel Jack, in this reply, Special Counsel Jack Smith says,
to protect the safety of law enforcement and the integrity of this proceeding,
this court, Judge Eileen Cannon, this court should grant the government's motion to modify Trump's condition of release.
So this filing by Jack Smith on Friday night was the government's reply in support of its motion to modify the conditions of Donald Trump's release. Donald Trump has been falsely saying that the Department
of Justice and the FBI are trying to assassinate him. And Donald Trump claims that that's taking
place because he says that there is a use of force policy that was associated with the search warrant
executed at Mar-a-Lago in August of 2022. Now, the use of force policy
is not unique to Donald Trump. It is the standard use of force policy when force can be used,
when lethal force can be used on every single search warrant in the United States,
regardless of where the search warrant is being executed.
Donald Trump actually got extra favors that no normal person, no normal citizen would get,
that the Secret Service was tipped off that there was going to be a search warrant executed at
Mar-a-Lago back in August of 2022. So Trump wouldn't be there at all. But Trump is lying, saying that the DOJ and Biden
and FBI are trying to kill him. Totally false. And that is placing the lives of law enforcement
in jeopardy because Trump's violent supporters and Trump acknowledges that he riles up his
violent supporters. He's made statements to that effect that Jack Smith puts in these reply papers.
That if they believe, as Donald Trump's lying to them, that their cult leader is trying to be assassinated by the Department of Justice and FBI.
That they're going to take violent actions to try to harm or even kill FBI agents and Department of Justice officials in order to protect Donald Trump.
That's the threat that exists right now.
And this is not hypothetical.
Special Counsel Jack Smith says, look, Judge Cannon, because you've waited and you have
not moved expeditiously on our request, and in fact, you've put this elongated briefing schedule, there was a threat that just happened
this past week to FBI and law enforcement as a result of Donald Trump's behavior.
And specifically, Jack Smith says, look, here's what went down. Just last week, a supporter of
Trump called an FBI agent associated with the Hunter Biden case and claimed that if Trump wins
reelection, FBI agents will be thrown in jail.
And if he does not win, the agents will be hunted down and slaughtered in their own homes,
after which we're going to slaughter your whole effing family.
And then Jack Smith says no court would tolerate another defendant deliberately creating such
immediate risks to the safety of law enforcement.
And this court should not wait for a tragic event before taking actions in this case.
What Jack Smith's also saying, he's putting Judge Cannon on notice here,
is if you don't grant modifying the conditions of release because of these threats,
we're going to the 11th Circuit.
We are going to the 11th circuit and we're going to get
you removed. We're going to get you overturned and we're going to get you removed. Now, Jack
Smith doesn't use that exact language, but it is clear from that sentence what he is implying
to Judge Cannon by saying no other court would allow a criminal defendant to do this. He's saying, we'll take a writ,
we'll go up to the 11th Circuit and get you reversed
and also say that you're not equipped to handle this case.
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Let's just go through Jack Smith's filing in a little more detail, if we may.
Talks about how in late May 2024, Donald Trump made this series of false and inflammatory
statements, knowing that it would inflame the listeners and viewers of his statements that he
was the target of an assassination attempt
when that was totally false. Jack Smith then brought this to the attention of the court.
There was a briefing schedule after the court initially rejected Jack Smith's filing,
trying to say that Jack Smith should have engaged in a more thorough meet and confer process with
Donald Trump's lawyers before filing it,
which is just a ridiculous thing. And Jack Smith says, look, in Trump's papers, rather than address
the risk of harm that his recent false statements created, Trump's paperwork, his opposition,
focuses on his political campaign and the timing of campaign events. The government has absolutely no interest in those matters.
None. Indeed, Trump has released a torrent of criticism of the Biden administration and the
Department of Justice, and the government has made no motion to this court to limit or address such
comments in any way. Trump is welcome to make such comments to his heart's content. They are simply not the
government's concern. Instead, the government's sole purpose is to protect the safety of law
enforcement professionals and the integrity of this proceeding and nothing more. Consistent with
that purpose, the limitation that the government asked the court to impose is exceedingly narrow, focused and fully consistent
with the First Amendment. In resisting even these narrow limitations, Trump is left to argue that
the First Amendment will be eroded unless he is permitted to lie about FBI agents intending to
murder him and his family. The law requires no such thing. This is a pending criminal
case. And like any other criminal defendant, Mr. Trump does not have an unlimited right
to engage in speech that poses a risk to witnesses and threatens the integrity of these proceedings,
nor can he evade that legitimate limitation by dressing up his comments in political speech garb.
In his response, Trump backpedals, struggling to dilute, parseame and anger his audience, and that he knew his statements would do so.
Every court that has examined this issue has recognized the threat caused by the longstanding and well-documented dynamic between Trump's comments and the predictable response from his supporters.
And you go on to cite Justice Ngoran, Justice Mershon,
Federal Judge Tanya Chutkin, the New York Appellate Division,
the New York's highest court, the Court of Appeals.
Shortly after the execution of the search warrant at Mar-a-Lago, one of Trump's supporters carried out an armed attack on an FBI office in the wake of Trump's
statements regarding the search. And they go on to discuss what happened last week.
While Trump boastfully acknowledges the impact that his words have on his listeners,
he will just as predictably decline any responsibility for their actions should any further violence
take place. Neither the government nor the court has that luxury. Protecting law enforcement is
the government's duty, and we will respectfully ask the court to address the serious risks posed
to law enforcement and to protect the integrity of these proceedings.
One of the strongest letters or strongest reply briefs I've seen Jack Smith file.
And also, if you go to footnote two, here's another warning that Jack Smith gives.
Here's how he gives the warning.
The 11th Circuit has not specifically addressed the First Amendment standard
that applies to restrictions on a party's speech in a criminal case.
Consistent with the Supreme Court's decision in Gentile, some courts have evaluated whether the restricted speech poses a substantial likelihood of material prejudice to these proceedings.
Other courts have applied a more stringent standard requiring a clear and present danger or serious imminent threat
to the proceedings.
But what Jack Smith is saying is that regardless, because the proposed condition satisfies even
the most stringent form of scrutiny, the court need not decide which level of scrutiny applies
because the conduct's just so egregious.
So powerful motion there by Jack Smith or powerful reply.
And you see that Trump's conduct has real world actions. And Jack Smith saying, you're going to
have blood on your hands, Cannon. You're going to have blood on your hands unless you do the right
thing. But we're going, 11th Circuit. Hit subscribe. We're on our way to 3 million subscribers. Thanks
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