The MeidasTouch Podcast - Jack Smith FILES URGENT LATE NIGHT Brief on TRUMP THREATS

Episode Date: June 23, 2024

MeidasTouch 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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Starting point is 00:02:14 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,
Starting point is 00:03:22 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.
Starting point is 00:04:15 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
Starting point is 00:05:05 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,
Starting point is 00:05:41 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. How much do you think you're paying
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Starting point is 00:08:05 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
Starting point is 00:08:53 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
Starting point is 00:09:47 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.
Starting point is 00:11:00 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.
Starting point is 00:11:52 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
Starting point is 00:12:33 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 to your support. Thanks for watching. Real quick, Meta just changed their algorithm to suppress political content.
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