The MeidasTouch Podcast - Judge Cannon Issues VERY UNUSUAL ORDER in Trump Criminal Case

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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 a rather unusual order just issued from a federal judge although i suppose nothing is that unusual when it comes to the orders being issued by federal judge Eileen Cannon, who's appointed by Donald Trump. This comes in the case U.S. v. Trump, the case brought by special counsel Jack Smith against Donald Trump and Trump's co-defendant and employee Waltie Nauta, the case with criminal charges for willful retention of national defense information, obstruction of justice, and related charges. And this order relates to the protective order that was filed by special counsel Jack Smith's team before a

Starting point is 00:01:41 SEPA status conference was held on Tuesday. There was a status conference held at 2 p.m. Eastern Time regarding the Classified Information Procedures Act. And in advance of that hearing, Special Counsel Jack Smith's team filed a motion for a protective order regarding classified information. The motion detailed the efforts to try to communicate with Donald Trump and rather Trump's lawyers and the lawyers for Waltine Nauta. But as of the filing, which was July 17th of the motion for protective order filed by special counsel Jack Smith's team, hadn't heard from Trump's lawyer or Walti Nauta. So special counsel Jack Smith filed the motion for protective order. A hearing was held at this SEPA status conference on Tuesday, July 18th, where they talked about classified information procedure act procedures. They also talked about a potential trial date. And then a ruling, an order was issued on Wednesday, July 19th,

Starting point is 00:02:47 where the court denied, Judge Eileen Cannon denied, the motion for protective order that was filed by Special Counsel Jack Smith and basically requested that Special Counsel Jack Smith refile the motion for a SEPA protective order after further meet and confer efforts with Donald Trump's lawyer and Waltine Nauta's lawyer. Let me read for you right now the order that was issued by Judge Eileen Cannon. Paperless minute entry for proceedings held before Judge Eileen Cannon said the pretrial conference pursuant to Section 2 of SEPA, which stands for Classified Information Procedure Act, held on July 18, 2023. The court heard argument from the parties on the government's motion for continuance and request for proposed

Starting point is 00:03:39 revised scheduling order. The court denied the government's motion for protective order without prejudice for lack of meaningful conferral order to follow total time in court, one hour and 40 minutes, and a list the attorneys who were there. So what Judge Eileen Cannon is saying is that it's denied without prejudice, meaning special counsel Jack Smith's team can refile their motion for a protective order. And Judge Cannon found that special counsel Jack Smith's team did not sufficiently try to meet with Donald Trump's lawyers and Walti Nauta's lawyers to discuss this SEPA protective order, which I vehemently disagree with because if you go to the motion for a protective order that was filed, special counsel Jack Smith's team details the

Starting point is 00:04:35 efforts that were made with respect to meet and confer efforts. And just so you're aware, there's already a protective order that's entered in this case. Just so you know, a protective order is something that states the way documents have to be handled, how confidential documents need to be treated. Can they be filed publicly? Do they have to be filed under seal? Who can you show documents to? And protective orders set forth all of those rules and guidelines. When it comes to documents that are confidential, granting a protective order is discretionary. A court doesn't have to do it.

Starting point is 00:05:20 A court can say, hey, this is a public court. It's open to the public. I don't want to grant a protective order. Oh, the protective order is too overbroad. But a protective order regarding confidential information has already been entered. The issue now is classified information, the sensitive compartmented information, top secret information, and other classified material that Donald Trump stole, that is subject to a SEPA protective order. And with respect to a SEPA protective order, the law requires under the Classified Information Procedures Act that the court shall grant the protective order. And sometimes in these SEPA cases, one of the first things the courts just do is the court has courts that are familiar with SEPA enter it almost immediately because you don't even

Starting point is 00:06:11 have to have a meet and confer process because it's just kind of a standard protective order of how you deal with classified information. But here, Donald Trump's lawyers said that they were objecting to portions of the SEPA protective order that was sent to them on July 12th. And special counsel Jack Smith's team says in a footnote, basically, well, in paragraph five of this motion that was filed by special counsel Jackson's team on June, on July 17th, rather, they explained, on July 12th, 2023, the government sent to counsel for defendants, Trump and Nauta, the proposed protective order. So Trump, Nauta's lawyers, receive a proposed protective order July 12th. On July 14th, 2023, counsel for the defendants inform the government that they intend to object to certain provisions of the proposed protective order, but did not specify any

Starting point is 00:07:15 such provisions. Because the entry of a protective order is necessary to provide any classified discovery to the defendants, the government respectfully requests that the court require the defendant to file on an expedited schedule any objections to the proposed protective order. Wherefore, the United States respectfully requests that the court enter the attached protective order. I'm going to read for you the footnote in just one minute here. Estás disfrutando de mi podcast? Thanks to Babbel, I know what that means.

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Starting point is 00:10:15 Footnote one, in an effort to narrow any disputes, the government asked to have a call on July 14th with counsel for the defendants in order to see if it was possible to address defendants' concerns. Defense counsel informed the government that they were not available that day, but could find a time for a call the following week. Government counsel responded that the government did not want to delay filing this motion because a protective order needed to be entered prior to the provision of classified discovery, that the government counsel would be available for a call over the weekend, and that it would be helpful for defense counsel to identify the provisions they found objectionable. Government counsel has not heard further from defense counsel since sending the email on July

Starting point is 00:11:00 14th, but is filing this motion to avoid further delay. The government notes that since sending the proposed protective order to defense counsel, the government has made minor clarifying edits to a few provisions. And so this is what Bradley Moss, a lawyer appeared on the Midas Touch Network before, a national security expert states, I have no idea what this means here whatsoever. They'll just refile. Little nitpicky from Judge Cannon. Andrew Weissman goes, oy, when one side does not meet, it's hard to confer. This legitimizes the delay tactics, which I agree with. But I'll give you another perspective. Here's an account called Secret and Laws, which says, giving opposing counsel 2.5 business days to review the SEPA Section 3

Starting point is 00:11:52 protective order before filing it was one of the first missteps on the DOJ's part. They should have proposed it much sooner. Also, not that unusual for judges to require an extensive meet and confer process. I want to share with you those different legal perspectives, and I'm sure there are a lot of lawyers who will agree with what Secret and Law said, which is maybe special counsel Jack Smith should have just sent this protective order 20 days ago, knowing that Donald Trump would engage in this tactic. But special counsel Jack Smith's been turning over all the other documents, a million documents or so have now been turned over in two tranches of discovery. Jack Smith's

Starting point is 00:12:31 team has been conferring with Donald Trump's team the whole way on producing all this voluminous discovery. And there isn't really any controversy that a SEPA protective order needs to be entered into, right? This isn't a discretionary thing. It is a required thing. So I think special counsel Jackson, it seems that this is just the standard SEPA protective order judge enter it. There isn't what are the objections or order them to respond to the objections. And Judge Eileen Cannon just denied it. Here's just also some of the things we heard that went down at the hearing as well. Special Counsel Jack Smith seeking a December 2023 trial date. Judge Eileen Cannon said that seems to be too soon. But according to reporters as well, Judge Eileen Cannon was rejecting, at least

Starting point is 00:13:27 based on her questioning of Donald Trump, indefinitely postponing trial and rejecting the idea that Donald Trump could not have a fair trial during election season and that a date had to be set. And Judge Eileen Cannon was asking questions at this hearing, like the Manhattan District Attorney's case is scheduled for March of 2024. Could that be moved? Asking Trump's lawyer, so you're okay with a trial date in November of 2024? And so we have to see when this trial date now is going to be set. But it'll be likely a compromise somewhere between special counsel Jack Smith's date and the

Starting point is 00:14:18 election, but we'll await Judge Eileen Cannon's order there. To me, this is Judge Eileen Cannon trying to, again, assert control and push back on the Justice Department's trying to speed the process up and the Justice Department trying to push on an expedited basis. But just in my own personal opinion, it feels and looks very amateurish by Judge Eileen Cannon treating the Justice Department this way. And in a case like this where a SEPA protective order needs to be granted, that there's nothing to really even meet and confer over, any objection to this would be frivolous. I mean, what's Trump's objection going to be? These aren't classified records. To me, it's total BS. But I wanted to share the dynamic, teach about protective orders,

Starting point is 00:15:16 explain the maneuverings here. Judge Eileen Cannon denied it without prejudice. It'll just be refiled. This isn't the type of ruling yet that makes me in any way tell you, look, Judge Eileen Cannon has abused her discretion. Not yet, but I'll keep you posted on what's going on. I'm Ben Mycelis from the Midas Touch Network. Hit subscribe. We're on our way to 1.5 million subscribers thanks to your support. Check us out, patreon.com slash Midas Touch, 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 to keep up with the most important news of the day. What are you waiting for? Follow us now.

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The MeidasTouch Podcast - Judge Cannon Issues VERY UNUSUAL ORDER in Trump Criminal Case

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