The MeidasTouch Podcast - Jack Smith SMACKS DOWN Trump in Powerful Reply Brief

Episode Date: August 21, 2023

MeidasTouch host Ben Meiselas reports on a powerful reply brief filed by Special Counsel Jack Smith responding to Trump’s request of an April 2026 trial date in the Washington DC federal criminal case before judge Tanya Chutkan.  Go to https://Hellotushy.com/meidas and use promo code MEIDAS for 10% off your first order 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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BetMGM operates pursuant to an operating agreement with iGaming Ontario. I'm Ben Micellis from the Midas Touch Network. federal criminal case against Donald Trump for crimes relating to the 2020 election and the January 6th insurrection. In the reply brief, special counsel Jack Smith states that his requested trial date of January 2nd, 2024 is in the public's interest and that trial must commence in 2024 since the public deserves the right to a speedy trial and to have the criminal case against Donald Trump be prosecuted in an expeditious matter. Special counsel Jack Smith also smacks down some of Donald Trump's arguments where Trump and his lawyers argued last week for a April 2026 trial date. Jack Smith points out in the reply brief that Donald Trump and his lawyers greatly exaggerate the volume of discovery that is being produced. And Jack Smith states a lot of the discovery

are documents that belong to Donald Trump already. There is a bunch of documents as well that were turned over just in the abundance of caution, like 3 million documents from the Secret Service, which many of them aren't even useful or have anything to do with the case in general, just in the abundance of caution. Jack Smith is turning them over. Jack Smith also mocked Donald Trump's lawyers' arguments in the brief that Trump's lawyers submitted, where they said, the Statue of Liberty and this building and that building, that the documents, if you put them all on top of each other, is far taller than the Washington Monument combined with the Statue of Liberty. And special counsel Jack Smith is like, okay, the height of the discovery is not a relevant factor here at all. It's will the

defendant, the criminal defendant, Donald Trump, have the availability and the time to review the discovery. And special counsel Jack Smith argues absolutely given the schedule at issue here. Jack Smith also says that the trial scheduling that is set here is actually very consistent with similar cases. And Jack Smith takes issue with the cases and data cited by Donald Trump when Trump's seeking the April 2026 date. And Jack Smith goes, what Donald Trump is factoring in on these other cases is not the length it took for these cases to go to trial, but Trump has factored in the sentencing briefs and cases where the government has brought superseding indictments, things that should not be factors here.

The question is, and the relevant inquiry is, when will the trial itself take place? And is the trial date consistent with other cases where similar types of charges have been brought? And special counsel Jack Smith argues absolutely. And then special counsel Jack Smith says, Judge Chutkin, look, we've dummy proofed this for Donald Trump. We provided these documents in these load files that are easy to access. We would be happy in advance to explain to Donald Trump the exhibits that we intend to show at trial. So they'll know very far in advance the specific exhibits the government intends to use at

trial. So there shouldn't be issues there. And this is just more delay, delay, delay that Donald Trump is seeking, notably absent from this brief, although I think special counsel Jackson and his team will bring it up at the hearing, which is scheduled for August 28th, where Judge Chutkin will set the trial date, is Judge Chutkin admonished Donald Trump's lawyers back on August 11th, admonished them that if Trump continues engaging in harassment, continues to attack witnesses and other related individuals, that that would make her more inclined to set an earlier trial date in order

to avoid the taint to a potential jury pool that Donald Trump's harassment and egregious conduct could be causing. Jack Smith doesn't address that Donald Trump has continued to engage in that conduct in the reply brief that was just filed, but I think that gets brought up at the hearing. I could say that with a great degree of confidence as well. Look, the motions were fast and furious on Monday. You had special counsel Jack Smith early in the morning requesting the ability to file a reply brief. Shortly thereafter, Judge Chutkin granted the right to a six-page reply brief responding to Trump's request for an April 2026 trial date. And in less than an hour after

Judge Chutkin's minute order, boom, we saw the six-page reply brief was filed instantly. And that's despite the fact, of course, that the hearing on setting a trial is scheduled for August 28th of 2023. So Jack Smith was ready to go. The judge is ready to go. And obviously, it's Donald Trump, the one seeking delay, delay, delay. Let's just take a look at the government's reply to defendant's response in opposition

to government's proposed trial calendar. It's a lot of words there, but it is a reply to the opposition where Donald Trump was opposing the date that Jack Smith wants to set. Jack Smith wants trial date January 2nd, 2024. Donald Trump filed an opposition saying April 2026. This is the reply to that opposition to the government's date of January 2nd, 2024. It says the government submits this reply to aid the court in setting a fair and prompt trial schedule in service of a proposed trial date in 2026 that would deny the public its right to a speedy trial. The defendant cites in opposite statistics and cases overstates the amount of new and non-duplicative discovery and exaggerates the challenge of reviewing it effectively. For the reasons below, neither the discovery nor any other factor raised

by the defense impedes a fair trial on the schedule proposed by the government. Comparisons to the schedule in other cases. The defendant references to Section 371 statistics and January 6 cases overlook important underlying facts and context. First, the defendant cites the median time from commencement to termination for jury trials of Section 371 charges, 29.4 months, without explaining that this median time runs through the completion of sentencing, not the beginning of trial. That means that it includes the time required for jury selection, trial, verdict, and several months or more afterwards before sentencing and final judgment.

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And statistics regarding the length of time from indictment to sentencing in other Section 371 cases have no bearing on that decision. by the defendant spans October 2021 through September 2022 when federal courts were pulling out of backlog caused by COVID-19 closures. During that period, only 22 cases went to trial nationwide. This small and skewed sample provides no help to the court in deciding an appropriate trial date. The defendants listed January 6th cases also omit important details and context. He fails to mention, for instance, that in one case he cites, disposition was delayed because of, among other reasons, litigation over pretrial detention, a superseding indictment, and plea negotiations. All of the defendants' other cited cases included multiple co-defendants, as many as 17, that the court should set the inopposite comparisons aside when weighing the individual factors

here under the speedy trial act. So Jack Smith is now reinforcing how strategic he was in the indictment brought against Donald Trump. Look, I'm only bringing four accounts and there are no other co-defendants. Jack Smith knew that Donald Trump would cite these cases with multiple co-defendants and multiple charges and say, look at all the time it took for these other cases to go to trial. That's why Jack Smith was so surgical in how he filed this indictment, anticipating the arguments that Trump was going to make to delay, delay, delay. And now Jack Smith was ready to go with this reply to say,

what are you talking about? There's no co-defendants and it's four charges. This should be simple. I mean, four counts, this should be super simple. And then Jack Smith goes into the volume and review of discovery, explaining that the majority, roughly 65% of the government's first discovery production in which the government front-loaded the most important materials, consist of materials to which the defendant functionally had access, are duplicative or do not constitute Rule 16 discovery. So 65% of this to begin with is stuff that Donald Trump already had access to or is just duplicative documents produced. And then they go on to say basically approximately 3 million pages of the discovery, 25% of the first production comes from entities

associated with the defendant. Hundreds of thousands of other pages come from the National Archives, meaning the defendant or his representatives reviewed them before the government received them or are publicly available, including the defendant's tweets. So Donald Trump's posts are mentioned as a major part of the discovery. And then it says nearly 1 million more pages came from the House Select Committee to investigate the January 6th attack on the United States Capitol, including hundreds of transcripts of interviews or depositions, a majority of which are already public in redacted form. Again, this right here is going after the disinformation that Donald Trump spewed, where Donald Trump said that, oh, there's no access

that the January 6th documents have been destroyed. Not only have they not been destroyed, but nearly 1 million more pages come from the House Select Committee. Then Jack Smith goes on to say that Donald Trump citing the height of the documents, if you put them and stacked them on top of each other, Trump said that doesn't matter at all. And then finally, the conclusion here is trial should go January 2nd, 2024. The government is ready to go, willing to do whatever it takes to have that trial date. We will give Trump exhibits. We will,

you know, and to the extent there's any other scheduling conflicts with Judge Cannon's case, we'll work around that. No problem, Judge. Good for us here addressing a notice that Trump's lawyers filed to Judge Cannon, basically whining and complaining to Judge Cannon and saying, oh, the certain dates that they're requesting before Judge Chutkin conflict with a motion hearing date before Judge Cannon. Addressed right here in this powerful, powerful reply brief. There you have it, folks. A powerful reply brief from Jack Smith's team. Should mention the lawyer's name from Jack Smith's team who wrote this. Molly Gaston, a great, great lawyer working with Thomas Windham as well, leading the charge here. I'm Ben Micellus from the Midas Touch Network.

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