The MeidasTouch Podcast - Jack Smith Sets PERFECT TRAP for Judge Cannon with New Filing

Episode Date: August 16, 2023

MeidasTouch host Ben Meiselas reports on the latest reply brief filed by Special Counsel Jack Smith in the criminal case against Donald Trump for the willful retention of national defense information. Meiselas explains how the federal judge presiding over the case, Judge Aileen Cannon, will likely make the wrong ruling in response to the briefing which could lead to an appeal before the 11th Circuit Court of Appeals and being overturned again, and potentially removed.  Go to https://eightsleep.com/meidas and save $150 on the Pod Cover Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

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without even leaving the kiddie pool. Whatever groceries your summer calls for, Instacart has you covered. Download the Instacart app and enjoy $0 delivery fees on your first three orders. Service fees, exclusions, and terms apply. Instacart, groceries that over-deliver. I'm Ben Micellis from the Midas Touch Network. I believe that special counsel Jack Smith set the perfect trap that Donald Trump and Judge Eileen Cannon walked right into that will eventually allow special counsel Jack Smith to file an appeal to the 11th Circuit Court of Appeals and try to get Judge Eileen Cannon removed. So here is what went down. One of the things that special counsel Jack Smith and his team immediate proposed was a

Section 3 protective order pursuant to SEPA, the Classified Information Procedures Act, which governs the criminal case brought against Donald Trump in the Southern District of Florida because it involves Donald Trump's criminal willful retention of national defense information and obstruction of justice. So SEPA, a law that stands for Classified Information Procedures Act, governs how classified information must, shall be handled in SEPA-related cases. And there's a fairly standard SEPA protective order that is used and that governs the use and distribution and review of discovery when it comes to classified documents. So special counsel Jack Smith sent this standard protective order to Trump's lawyers who are not experienced in SEPA law, Classified Information Procedures Act law, nor is Judge Eileen Cannon, the Trump

appointed corrupt judge with barely any criminal law experience at all on the bench. She's I don't think ever even had a SIPA related case before her. And special counsel Jack Smith showed Donald Trump this protective order. And then Trump's lawyers immediately objected to it. Earlier on, Judge Eileen Cannon, like on her own, struck the filing by special counsel Jack Smith, so he had to refile it again and then bring a renewed motion. Donald Trump's lawyers objected to it. Why? Because Donald Trump's lawyers state that they want to review the classified information, the top secret information, the sensitive compartmented information. They want to review the classified information, the top secret information, the sensitive compartmented

information. They want to review it at Mar-a-Lago, at the scene of the crime. Donald Trump and his lawyers are petitioning Judge Eileen Cannon to do something so ridiculous, something so unprecedented. They want the taxpayers, you and me, they want us to buy a SCIF, a sensitive compartmented information facility to be placed at Mar-a-Lago because Donald Trump does not want to leave Mar-a-Lago to view classified material at a skiff or in a skiff in Miami. So Donald Trump wants a skiff to be built at the scene of the crime for him to review the classified information that he stole. Also, his co-defendant, Waltine Nauta, who's not even charged with the willful retention of national defense information. He's charged with the making false statements and obstruction of justice.

Walti Nauta and his lawyer, who is paid by Donald Trump, says that Nauta wants to review the classified material just because. He says he wants to review it. The government's like, why would you need to look at it? You're not even being charged with it. And you're the valet, like go away, Walti Nauta. Walti Nauta says in order for him to prepare his defenses, his lawyers need to see the classified information as well. So special counsel Jack Smith has filed a reply to the objections raised by Donald Trump and Walt T. Nauta about building a SCIF, a Sensitive Compartment and Information Facility, at Mar-a-Lago at the scene of the crime so Donald Trump can get special privileges that have never occurred before in any case relating

to SEPA, the Classified Information Procedure Act. Now, what does this sound like as well? When Judge Eileen Cannon back in 2022 made an order that no other judge before ever, like in the history of American jurisprudence made, where she asserted equitable jurisdiction over the search warrant executed at Mar-a-Lago back in August of 2022 because she said that Donald Trump enjoys special privileges, that he should be treated differently based on his position. She was overruled twice in two scathing opinions by the 11th Circuit Court of Appeals. And I think special counsel Jack Smith recognized early on that forcefully pushing forward this SEPA issue, classified information

procedure protective order, which by the way is required anyway, that Trump's lawyers would trip up and that Judge Eileen Cannon, although she has not ordered anything yet, that she would likely trip up. And she who previously held that Trump gets special benefits, I think that she will probably take this bait. She can't help herself and not make the correct law and order ruling that no, Trump, you can't get special privileges, review it in another skiff. You don't get to take these documents back, but that is now the issue taking place among others. And by the way, Judge Eileen Cannon also on her own sui sponte last week after Donald Trump's surrogate went on Fox on the Mark Levin

show and talked about how it was improper for there to be a Washington, D.C. grand jury that's still receiving evidence about Donald Trump's crimes while the case is pending before Judge Eileen Cannon. Judge Eileen Cannon heard those arguments on Fox most likely because she raised it on her own initiative last Monday, two Mondays ago, when there's absolutely no basis in law. There's nothing improper about what special counsel Jackson is doing. There's no basis in law for her to raise that as an issue on her own initiative. Also, while she is striking documents filed under seal by special counsel Jack Smith, which Jack Smith is filing under seal due to grand jury secrecy. And Judge Eileen Cannon then wants the parties to brief issues that involve the D.C. grand jury, which would invoke grand jury secrecy, which, again, would be immediately appealable to the 11th Circuit Court of Appeal.

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counsel Jack Smith being able to pursue the case filed in Washington, D.C. against Donald Trump for Trump's crimes relating to the 2020 election on the January 6th insurrection, where special counsel Jack Smith has requested a January 2nd, 2024 trial date. So this right now, what I'm going to show you is the reply brief that special counsel Jack Smith just filed in connection with his renewed motion for a section three SEPA protective order governing the use of discovery as it relates to classified information. And when you see how Jack Smith wrote this motion, he's really writing the motion knowing that there's likely going to be an appeal here. So he wants to crystallize the issues to show just how absurd Judge Eileen Cannon is being.

So here it is. United States reply in support of renewed motion for a protective order pursuant to Section 3 of the Classified Information Procedures Act. United States files this reply in support of its renewed motion for a protective order pursuant to Section 3 of the Classified Information Procedures Act, SEPA. The government's proposed protective order reflects standard procedures for handling classified information in criminal cases and is consistent with the law. Defendant Trump's opposition, on the other hand, seeks special treatment that no other criminal defendant

would receive and that is unsupported by law or precedent. Pause there for a second. You see how simple special counsel Jack Smith is saying it? He's like spelling it out as though Judge Eileen Cannon is going to law school for the first time because she kind of is here. Jack Smith continues, it also rests on a misrepresentation of the proposed protective order's requirements. The proposed protective order requires that any discussion of classified information between Trump and his attorneys take place in a sensitive

compartmented information facility. It does not require, as Trump maintains, that all discussions take place in the same skiff where classified discovery will be housed. As such, there is no need to modify the proposed protective order on that basis, much less to include in the order approval to, quote, re-establish a secure area at an unidentified location used during Trump's presidency, which is likely a reference to one of his homes. Creating a secure location in Trump's residence, which is also a social club so he can discuss classified information, would be an unnecessary and unjustified accommodation that deviates from the normal course of cases involving classified discovery. The opposition filed by defendant Waltine Nauta seeks Nauta's unfettered personal access to

classified discovery, even though he is not charged with any offense under the willful retention of national defense information statute, no longer has a security clearance, and has not established that he has a need to know the sensitive information in the classified documents. The proposed protective order permits Nauta's cleared counsel to view the classified discovery and to obtain permission on a case-by-case basis to share that classified discovery with his client should such a need arise. The procedure more than satisfies the constitutional concerns that Nauta invokes while also complying with SIPA. And you see there also what Donald Trump is trying to do since he's

hiring the lawyers to represent Nauta is really to create a bunch of mischief, to create a bunch of frivolous objections to try to delay. They're clearly working together with Trump's direct lawyers and the lawyers Trump is hiring to represent Waltine. Now, I expect Judge Eileen Cannon, unfortunately, to make the wrong order, but fortunately, I think that will lead to an appeal to the 11th Circuit Court of Appeals and then possibly lead to her being removed from the case or at least a challenge if she rules the wrong way here. And she always rules the wrong way. Meanwhile, you have the case in Washington, D.C. proceeding forthwith. You have now the case filed in Fulton County where Fannie Willis,

the district attorney, says she would like to have that case tried in the next six months. You have the Manhattan District Attorney's case against Donald Trump set for trial on March, on or around March of 2024. You have the New York Attorney General civil fraud case against Donald Trump scheduled for October of 2023. You've got the new E. Jean Carroll defamation case, the other E. Jean Carroll defamation case scheduled for January of 2024 and a class action against Donald Trump set for January of 2024. So I think you have smart maneuvering here by special counsel Jack Smith. We'll see what Judge Eileen Cannon does. I think my prediction will bear out to be accurate.

We will, of course, follow up. Go to MidasTouch.com for all the best updated pro-democracy news. MidasTouch.com, wherever you get audio podcasts, subscribe to the Midas Touch podcast and have a great day. Hey, Midas Mighty. Love this report. Continue the conversation by following us on Instagram at Midas Touch podcast and have a great day.