The MeidasTouch Podcast - Judge Cannon BLOWS UP Hearing and ATTACKS Jack Smith

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Starting point is 00:00:50 free of charge bet mgm operates pursuant to an operating agreement with iGaming ontario i'm ben mysellis from the midas touch network federal judge eileen cannon just blew up a hearing that was taking place in the criminal prosecution of Donald Trump that was scheduled for what's called a Garcia hearing to determine possible conflicts of interest by the lawyers representing Donald Trump's co-defendants, Walti Nauta and Carlos de Oliveira, during the hearing, which continued into the afternoon at approximately 3 p.m. Eastern time, Judge Eileen Cannon just stopped the proceeding, started yelling at special counsel Jack Smith's team, and basically sent everybody home and refused to hold the hearing and blamed the prosecution for it without actually holding the

Starting point is 00:01:49 hearing. This is the exact opposite judicial temperament we would expect from a federal judge, but sadly, this is what we've come to expect of Judge Eileen Cannon, who has been doing everything to try to help Donald Trump in connection with the prosecution by Special Counsel Jack Smith for Donald Trump's theft of classified documents, top secret documents, sensitive compartmented information. And recall, Donald Trump appointed Judge Eileen Cannon to the bench in 2020, and she was already overturned twice in connection with a previous case where Donald Trump challenged the search warrant executed by the Department of Justice and FBI, where the 11th Circuit Court of Appeal back in 2022 said that Judge

Starting point is 00:02:37 Cannon acted unlawfully in asserting jurisdiction to help Donald Trump. Now, last week on October 6, 2023, we started to see, okay, Judge Cannon's strategy here appears to be to incrementally cause delay in favor of Donald Trump so that she can't be overturned because her orders would not be kind of final, appealable orders that you can take what's called interlocutory review to the court of appeals since trial court judges have considerable discretion in managing their calendar, but nonetheless creating delays to try to ultimately move the trial date, which right now is scheduled for May of 2024. Now, here was the order that she issued last week. It was an order temporarily staying or pausing certain dates related to the classified

Starting point is 00:03:33 documents, essentially indefinitely, while she considers a kind of broader continuance of all of the trial dates at Donald Trump's request. So that was the first indication where this was going. Now, today it was scheduled for what's called a Garcia hearing. If you've been following the Midas Touch Network, you know about all the motions back and forth. And one of the things that Judge Cannon had done before as well is she was striking a lot of documents filed by special counsel Jack Smith when he wanted to file certain information under seal. So you saw how adversarial she was being to the prosecution from the outset. And then she requested briefing based on some ridiculous idea that was floated on Fox the night before about

Starting point is 00:04:19 whether you could have another grand jury proceeding taking place in Washington, D.C. while there was a Florida grand jury that was floated on the Mark Levin show by Donald Trump's proxies. We covered that here. So finally, though, this Garcia hearing was scheduled for October 12th in the afternoon, and it was to determine if there were unwaverable conflicts of interest by the lawyers for Donald Trump's co-defendants, Waltie Nauta, who's Donald Trump's body man, also referred to as his valet who worked for him at the White House, and also someone named Carlos de Oliveira, the co-defendant who was Donald Trump's head of maintenance. And so you have Waltie Nauta, who's represented by a lawyer named Stanley Woodward. You have Carlos de Oliveira, who's represented by a lawyer named John Irving. They're both paid by Donald Trump's political action

Starting point is 00:05:09 committee. And they also represented witnesses who have testimony against Walti Nauta and Carlos de Oliveira. And these other outside witnesses used to be represented by Woodward and John Irving, no longer represented by them where they identify. They don't want those people, those lawyers representing them, and now want to testify against De Oliveira and against Waltine Nauta. So this whole hearing was to determine if there was these unwaivable conflicts of interest. So to do that, there's a hearing that has to take place first. The threshold question, is there a conflict of interest? And what you would normally do in these situations is the prosecution, in an adversarial way, this is what the case law in the 11th Circuit and across the country says, gets to ask

Starting point is 00:06:05 questions of the co-defendant and the judge gets to inquire as well. And the lawyers get to inquire as well who represent the potential co-defendants. Hey, are you aware that your lawyer, Stanley Woodward, for example, is also representing this outside witness who wants to testify against you? Are you aware that could potentially cause prejudice against you? Are you aware that you have the right to independent counsel? Are you aware that Donald Trump's political action committee is paying for your representation, which may cause certain conflicts of interest that your lawyers, because they're being paid by Donald Trump's PAC, that they're focused on helping Donald Trump. Are you aware of all of those things?

Starting point is 00:06:50 And then there may be certain things that the judge wants to ask. If it infringes on attorney client privilege, then certain questions can be asked in chambers. The prosecution won't be allowed in there, but that's generally how the hearing goes. Hey, as you know, I'm going to be a dad and the importance of having life insurance has never in there, but that's everyone. Listen to this. SelectQuote found a 40-year-old man a $500,000 policy for only $18 a month, and all of this was in minutes. Want to cross this off your list fast? SelectQuote can offer up to $2 million in instant affordable coverage with no medical exam required. So whether you need a $500,000 policy or a $5 million policy, their licensed insurance agents can help you find the right policy for you, your family, and your budget.

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Starting point is 00:08:13 interest? Should the lawyers not be permitted to represent the client anymore? Should a lawyer be kind of walled off from certain portions of the representation? Should the lawyer be barred from cross-examining the witness that the lawyer previously represented, but otherwise the lawyer's permitted to continue on their representation? The lawyer fully disqualified? The bottom line is that there are options, right? And to get to the options,

Starting point is 00:08:45 you have to have the hearing. And what Judge Cannon just did is she tried to do a reverse order of that. So she basically demanded that the prosecution tell her the outcome of what the prosecution wanted the result to be. And then when the prosecution was like, let's do the hearing first, then Judge Eileen Cannon got pissed off at the prosecution and said, you don't have an answer for me. You don't know what you're talking about. You think that you want to bar Stanley Woodward

Starting point is 00:09:19 from having any involvement whatsoever in the proceeding? Get out of here. We're shutting down this hearing. And by the way, whether or not there is legitimate concern about what the prosecution's remedy is, as a federal judge, you're supposed to have the judicial temperament to proceed with your hearing, and then you could make a ruling. If you think the prosecution did not provide sufficient evidence, I would then say, okay, rule against the prosecution, but hear the evidence. It reminds me a lot of how the MAGA Republicans are behaving in the

Starting point is 00:10:00 House of Representatives, where they just blow things up, where they just get angry, they walk out of the rooms, they throw papers. It's not a stable way of assessing evidence. And again, as I've always said, if the prosecution does a bad job at the hearing, doesn't provide the evidence, they don't meet their burden, issue an order, rule against them, but you don't hold the hearing. Because here's what basically went down. There was two hearings that were combined into the same day of proceedings. The first was Carlos de Oliveira, the maintenance worker, who by all accounts and people who were there said almost spoke no English and nonetheless said that he wanted the lawyer being paid for by Trump to continue to represent him. And so it seemed that that was what the outcome was going to be, that Carlos de Oliveira,

Starting point is 00:10:52 the maintenance worker, was going to still be represented by the Trump lawyer. Fine. And then later in the day, you had the conflicts hearing for Walti Nauta. Here's how Yuga Lowell describes it. He says, here's how it went down, goes back 3 p.m. Eastern time. Judge Cannon was supposed to run through the potential conflict for Trump's other co-defendant and valet, Walt Nauta. And then what happened was the district judge, Cannon, got furious at the prosecutors, saying that they had suggested an absolute bar at the last minute at the hearing itself for Stanley Woodward to continue representing Waltine Nauta. And that made her so upset because she said there was no case law from the Southern District of Florida or 11th Circuit. She said, we cannot proceed with the Garcia hearing. We are shutting this down. So they postponed the hearing. She shut down the hearing because she got upset that the prosecution didn't put forward case law about whether or not the conflict could create a situation that would result in a lawyer being barred. I mean, it's called Garcia.

Starting point is 00:12:11 That's the case law, is the Garcia case and its progeny of cases that interpret it. As I said at the outset of this video, there are a number of potential remedies that could be utilized. One of them is pure disqualification, but you have to hold the hearing. So you see how I wanted to be clear because you see how Judge Cannon seems to have set this up. Give me the remedy first. She gets angry at the remedy proposed and then doesn't hold the hearing ultimately to kind of facilitate what it seems that she's doing is to cause delay delay. So the lesson that Judge Cannon seems to have learned is she needs to be

Starting point is 00:12:53 more sneaky about how she creates the mischief. Now, I want to conclude by saying this. If ultimately the prosecution, again, does not meet its burden, does not show the evidence. I am okay. I'm not just like cheerleading for the prosecution. They have to win everything. Not at all. But you have to go through the motions of the hearing to determine then the scope of the remedy that you're seeking if there's a conflict or not.

Starting point is 00:13:23 You got to go through the order. And Judge Cannon tried to reverse it and then got upset at it and then postponed the hearing. I'm Ben Micellis from the Midas Touch Network. Hit subscribe. We're on our way to 2 million subscribers thanks to your support. Check us out at patreon.com slash Midas Touch to support this independent media platform

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The MeidasTouch Podcast - Judge Cannon BLOWS UP Hearing and ATTACKS Jack Smith

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