The MeidasTouch Podcast - Jack Smith MAKES TRUMP PAY for Judge Cannon’s Protection

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Starting point is 00:01:14 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. Special counsel Jack Smith is making Donald Trump pay for a filing Trump made in the Mar-a-Lago criminal document case a few weeks back where I described what Donald Trump was doing as a massive overreach. And I said back then that special counsel Jack Smith would make Donald Trump pay and make Judge Eileen Cannon pay. And Jack Smith is doing that right now in what Jack Smith filed. So Donald Trump was requesting that his lawyers and Donald Trump's co-defendants in the criminal case in the Southern District of Florida regarding the willful retention of national defense information, that their lawyers participate in SEPA Section 4

Starting point is 00:02:06 ex parte in-camera hearings where criminal defense lawyers are not allowed to be presented. But because you got Judge Eileen Cannon, Donald Trump, and Trump's co-defendants, Waltie Nauta and Carlos De La Mera, they were like, heck, whatever. We want to be a part of it. So let's have our lawyers be present. That's not a normal thing. That does not happen. And there's serious 11th Circuit precedent and serious precedent across the country that says that is just not what happens when it comes to the classified information procedure act.

Starting point is 00:02:36 But Trump asked for it. And Judge Eileen Cannon's the type of judge who ignores the law and would help him. And that's why I said this was an overreach because Judge Eileen Cannon has been purposefully making paperless orders, not substantive orders that can actually be appealed. She's been delaying and obstructing things by not reaching decisions. The lesson Judge Eileen Cannon learned when she was previously overturned twice in the case involving the search warrant and executed on Mar-a-Lago where she asserted equitable jurisdiction where she should not have asserted that jurisdiction.

Starting point is 00:03:10 She learned the wrong lesson where she said, maybe I shouldn't be ruling so quickly so I don't get overturned so quickly. So now in the Mar-a-Lago document case that she's been unfortunately randomly assigned to, she's now making these rulings that are scheduling in nature that really can't be appealed. But when Donald Trump asked her, hey, Judge Eileen Cannon, we want to participate in SEPA section four, I said, that's an overreach and special counsel Jack Smith's going to swoop in and he's going to say, that's not appropriate. And if you do, I'm going to go to the 11th Circuit Court of Appeal. That's basically what Jack Smith has just done right here. Here it is, the government's consolidated opposition to Trump's motion for access to SEPA Section 4

Starting point is 00:03:55 filings and Nauta and de Oliveira's motion related to the ex parte nature of SEPA Section 4. And so basically just what that title means is Jack Smith saying Trump's lawyers, Walti Nauta and Carlos de Oliveira, Trump's co-defendants lawyers, are not entitled to be at SEPA Section 4 ex parte in-camera hearings. The law is crystal clear. The special counsel, Jack Smith says, look, look at the plain text of SEPA section four about ex parte in-camera hearings, but also take a look at a 2008 11th Circuit Court of Appeals case, Judge Eileen Cannon. Your bosses in the 11th Circuit in a case called United States v. CAMPA recognize that these hearings take place ex parte in camera, meaning without the criminal defendant or the criminal defendant's lawyer present.

Starting point is 00:04:50 Why? Because we're dealing with such highly sensitive national security documents that in a SIPA section for hearing, the prosecutors are asking the judge to withhold certain documents and then later to substitute in place of the documents, for example, to substitute in the place of nuclear codes or war plans or things that could really damage the national security of our country, some sort of summary or other description so that the document could go before a jury at the trial so a criminal defendant's Sixth Amendment rights can be preserved while balancing the serious national security implications as well, since we don't want criminal defendants to engage in a form of blackmail called graymail, where they go, we need these documents before a public jury and we will threaten the national

Starting point is 00:05:47 security or you can dismiss these charges against us. We want to prevent that sort of blackmailing the prosecution to dismiss cases where things are highly sensitive and a criminal defendant saying these documents need to be public. We have a right to a public jury. So that's why Congress enacted this statute. And here Jack Smith is saying, look, on December 6th, Donald Trump filed this motion seeking his attorney's eyes only access to the government's filings pursuant to section four of SEPA. He also seeks to compel the government to publicly file redacted versions of its SEPA Section 4 motions, but neither the statute SEPA, the Classified Information Procedures Act, nor the cases interpreting it, nor the off-point cases Trump cites, justify the relief he seeks.

Starting point is 00:06:41 Section 4 of SEPA, Judge Cannon, plainly contemplates and authorizes proceeding ex parte, and appellate courts have held uniformly in the face of defense challenges that its text and underlying rationale justify proceeding ex parte, whereas here defense access would defeat the motion's purpose. The 11th Circuit did so in the case, United States v. CAMPA, 2008. Trump fails to distinguish the CAMPA case and the cases from the other circuits with similar holdings. Trump struggles to find a single case to support his motion. Even the three courts that Donald Trump cites to claim that there is some other way of handling SEPA section four, special counsel Jack Smith say they did not do what Donald Trump claims they did. He's just lying to you, Judge Cannon.

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Starting point is 00:10:14 There is no reason why Donald Trump's valet, Waltine Nauta or any valet would have received such readings. Referring to Nauta as one of Donald Trump's closest advisors is a misnomer. Nauta has described his role as a personal aid to Trump, as taking care of items like Trump's wardrobe, food, schedule updates, itinerary, and appointments. That defendants are not accused terrorists, again, misses the point in determining whether the defense should be allowed access to the government's SEPA Section 4 disclosure hearing with the federal judge. Now, here's where Donald Trump overreached. Here's where special counsel Jack Smith is going to make Donald Trump pay. We all think that Judge Eileen Cannon is probably going to make the wrong ruling here. One of the things that Donald Trump is asking that Cannon do, kind of just rubbing his

Starting point is 00:11:21 finger in special counsel Jack Smith's face and trying to gloat that he's got this corrupt judge who's willing to do whatever, apparently whatever he wants this judge to do, is he's even saying that there should be unredacted portions of the SEPA section four filings that should be made public on the public ECF docket. What Donald Trump's doing, and he knows he's doing it, is quintessential blackmail, is quintessential graymail. You could dismiss these charges, or I'm going to make Judge Cannon force you to disclose national security information on the public docket.

Starting point is 00:12:07 Set aside having our lawyers have attorney's eyes access in the secret SEPA section four hearings that Congress passed a law that was signed into law so that these proceedings take place. I also want portions of that to be made public on the public docket. Why would Donald Trump be requesting that? Because he wants to harm the country. Why else would he want these documents and national security secrets to be made public? He's trying to blackmail and graymail the Department of Justice. Now, if Judge Eileen Cannon takes the bait, do you think Judge Eileen Cannon's going to take the bait? I do. I think she'll probably ignore CAMPA. The same way she asserted equitable jurisdiction over the search warrant case, I think that she will ignore CAMPA and she will rule in Donald Trump's favor and say this needs to be disclosed publicly and Donald Trump's lawyers can appear. So then

Starting point is 00:13:06 what happens thereafter? Then special counsel Jack Smith goes to the 11th circuit and here's where you don't have to worry at all. These documents are not going on the public docket. This will be an attorney's eyes only hearing. Judge Cannon, if she sides with Trump, is going to lose and it would be such an egregious reversible error that this is the type of error that could lead to Judge Cannon being forced off this case. The 11th Circuit has precedent that's like a three-strike rule, where in another case in a sentencing issue where there were multiple times where the judge continued to make errors, the 11th Circuit finally said enough is enough. This could potentially be Judge Cannon's third strike if you count the prior two reversible errors she made when the search warrant was executed at Mar-a-Lago and she asserted equitable jurisdiction and was

Starting point is 00:14:01 reversed twice in two scathing orders by the 11th Circuit Court of Appeals back in 2022. So Jack Smith knows what he's doing here. And Donald Trump could have just sat back, let Judge Eileen Cannon continue to delay and obstruct. But now you force the issue. You force Judge Eileen Cannon to do your bidding. When she does, I think special counsel Jack Smith goes immediately to the 11th Circuit Court of Appeals. And if she doesn't and she rejects it, then I think that Donald Trump's going, oh, Judge Cannon, I thought you were supposed to be supportive of me. I thought you were supposed to help. There's no way she makes the right ruling, though. She's been doing everything she can for him. So when presented with this, as I've said, her corruption is matched or in many ways even superseded or exceeded rather

Starting point is 00:14:56 by her incompetence. So let's look out for that. But Jack Smith with this opposition, calling Trump out, calling the co-defendants out, daring Judge Eileen Cannon to make reversible error, pointing out the Campo case. It is brilliant legal work. Make Trump pay for his overreach here, Jack Smith. That's what's going down in the government's consolidated opposition to Trump's motion for access to SEPA Section 4 filings and how to end de Oliveira's motion related to the ex parte nature of SEPA Section 4. See, you're a pro now. You're a legal pro. Hit subscribe. We're on our way to 2 million subscribers thanks to your support. Check us out at patreon.com slash Midas Touch. Have a great one. Hey, Midas Mighty. Love this report? Continue the conversation by following us on Instagram

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The MeidasTouch Podcast - Jack Smith MAKES TRUMP PAY for Judge Cannon’s Protection

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