The MeidasTouch Podcast - Judge Cannon Makes PECULIAR ORDER over Trump CLASSIFIED DOCS

Episode Date: March 20, 2024

MeidasTouch host Ben Meiselas reports on Judge Aileen Cannon’s CIPA Section 4 ruling we’ve been waiting for in the Trump Mar-A-Lago criminal case. Get up to $200 off when you go to https://eight...sleep.com/meidas Visit https://meidastouch.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:01:56 If you have questions or concerns about your gambling or someone close to you, 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. Judge Eileen Cannon is just all over the place. As I've said before, her corruption is matched and exceeded by her incompetence. She just issued what I think, given her prior rulings, is a bit of a surprise ruling, ruling against Donald Trump on the issue of the government's request to withhold certain national security
Starting point is 00:02:35 information and SEPA Section 4 type documentation. I'll explain what that means in a little bit. Although she says in this order that she will be reserving a ruling on part of special counsel SEPA section four motions, but this also follows a prior order that Judge Cannon made the day before this, where she requested special counsel Jack Smith and Donald Trump accept as correct two hypotheticals in formulating potential jury instructions for trial. And both hypotheticals are utterly incompatible with what the state of the law is under the Presidential Records Act.
Starting point is 00:03:22 And also, everybody knows that the May 20th, 2024 trial date that she has currently scheduled is a fugazi. It's not a real trial date. I mean, she's already said that she'd be inclined, I think, to push this thing to 2025. And then she hasn't even ruled on some of the most basic of items she has still pending before her, issues relating to the underlying protective order and whether identities of classified informants or, sorry, confidential informants and confidential witness interviews and other material called janks material would be made public. And she hasn't set SEPA Section 5 hearings, which always take place and are set fairly early on in the process of a case involving the Classified Information Procedures Act.
Starting point is 00:04:15 So her docket, let me try to frame it this way for you. If you took a course in national security law and they showed you what Judge Eileen Cannon was doing, it would be used as a hypothetical for law students to point out everything the judge is doing wrong. Like it would be, let me give you this hypothetical. Can you please point out everything the judge is doing incorrectly based on what we taught you at the most basic elementary level of national security law, of law pursuant to Classified Information Procedure Act? And let's just break down this one. So what's SEPA Section 4? I won't belabor it right here, but under the Classified Information Procedure Act, Section 4, the government can withhold certain documents from discovery if they're not helpful or relevant
Starting point is 00:05:11 to a criminal defendant on basically national security grounds. In other words, the government says these documents may otherwise be discoverable as potential Brady material or maybe discoverable in the ordinary sense. But given that these documents represent, they're classified, they represent sensitive national security information, we want to withhold it and maybe we do a substitution in its place. Maybe we provide the criminal defendant a summary of what the documents are. Maybe we provide a little bit of information. Maybe they're just serious redactions, but we ain't turning this over.
Starting point is 00:05:51 Example, war plans, nuclear codes, other sensitive government records. In a case like this involving the willful retention of national defense information, which Donald Trump has been charged with in addition to obstruction and other crimes, he wouldn't need to know what the specific, like you wouldn't need to turn over what the codes themselves are, what the war plans themselves say. The issue of willful retention of national defense information is, is this information national defense information? And you can say they involved, the judge would look at it in what's called an ex parte in camera hearing where the criminal defendant and their lawyers are not allowed to be there. And the judge would say, got it. I get it. Those are very
Starting point is 00:06:35 sensitive documents. Let's just say this. We can summarize it, say these are nuclear codes, this is classified information. And then maybe we provide a summary and not the documents themselves to the criminal defendant. That's what SEPA Section 4 is all about. Trump wanted access to this. Judge Cannon back in mid-February, February 13th or so, she held like two days of hearings around there where she had special counsel's team, Trump's team, Trump's co-defendants team, then special counsel Jack Smith's team to determine some issues about SEPA section four,
Starting point is 00:07:12 whether these documents would be turned over. What should be noted here is that if Judge Cannon ruled that these documents should be turned over to Donald Trump and not withheld, as special counsel Jack Smith was requesting, then Jack Smith would get an automatic appeal to the 11th Circuit. So what we're seeing here by Judge Eileen Cannon in this order, you can say, wow, she ruled against Donald Trump here, like she previously ruled against Donald Trump about not turning over the SEPA section for motions to Donald Trump. But that's like some basic crap. That's like obvious stuff.
Starting point is 00:07:52 And she's overcomplicated that. So what I think Judge Cannon's trying to do here is avoid special counsel Jack Smith going to the 11th circuit so she could continue to work mischief. And she knows she wants to help Trump. She knows she wants to try to screw Jack Smith. We've seen that. It's obvious. That's what's going on here. But she's also so incompetent that there are all these things that are, the docket is such a mess and she's so inexperienced that she's having trouble almost balancing all of these things with the dates and deadlines and she's just lost.
Starting point is 00:08:35 And she's also so arrogant that she's not asking for help because nobody likes her in the Southern District of Florida. And the 11th Circuit just absolutely pissed with her. And they previously overturned her twice. And she's making a mockery of the 11th Circuit. Today's episode is brought to you by 8sleep, the high-tech solution to your age-old sleeping issues. 8sleep's pod cover slips right over your mattress,
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Starting point is 00:11:07 What does that even mean? You're reserving the rule. I know what it means that you're not ruling now, but I think that's the way that she tries to avoid getting appealed right now. And that's why she's reserving the ruling right there. At the same time, she's reserving ruling on a SEPA Section 4 issue. Recall what she did in the past 48 hours as well. Remember I did that hot take on this order that she issued regarding Donald Trump's motion to dismiss under the Presidential Records
Starting point is 00:11:39 Act. I mean, we're talking about a real tinfoil hat argument by Donald Trump. You know, this is like the, what are those people called? You put it in the comments. When you claim that the state doesn't have the right to issue traffic tickets because of you claim that you possess like the sovereign power theory, whatever that is. Like this is the Presidential Records Act version of that. This is some tinfoil stuff where Trump claims, and he had Stephen Miller submit an amicus brief,
Starting point is 00:12:10 that by packing up our nuclear codes, our classified information, our top secret information, by putting it in a box while he was still in office and shipping it to Mar-a-Lago, that he was able to convert our national security information, our national defense information, all of this classified information into his personal property and that no judge is permitted to question his
Starting point is 00:12:39 categorization, his characterization of our classified documents as personal property. Now, by the way, the 11th Circuit already ruled on this issue when? To Judge Eileen Cannon. Remember back in 2022 when Judge Eileen Cannon asserted, it's never happened before in American history, Judge Cannon asserted equitable jurisdiction over the search warrant that was signed by the magistrate judge and that was executed at Mar-a-Lago by the FBI. And she said that Donald Trump should be treated with kid gloves or actually, you know, not
Starting point is 00:13:18 kid gloves. He should be given VIP treatment and that he's different than we, the people. And he gets special treatment and that the court can intervene and stop a search warrant. we, the people, and he gets special treatment, and that the court can intervene and stop a search warrant. Remember in the 11th Circuit turned her over? In that 11th Circuit decision, and they overturned her twice, they said Donald Trump does not have a possessory interest in these records. Remember that? Forgot about it. Remember that. So what Judge Eileen Cannon said 48 hours ago in her order is she wants special counsel Jack Smith to formulate jury instructions that assume Donald Trump gets special treatment. It says it right here.
Starting point is 00:13:56 It says a president has sole authority under the PRA, the presidential records act, to categorize records as personal or presidential during his or her presidency. She wants Jack Smith to assume that's true. Why would he assume that's true? That's false. And now let's tie it all together. If she is asking special counsel Jack Smith to submit proposed jury instructions to her,
Starting point is 00:14:30 yet she is reserving ruling on a SEPA Section 4 issue, ostensibly that needs to be ruled on before jury instructions, and she hasn't even set a SEPA Section 5 hearing yet, which relates to the criminal defendant's request to inject classified information into the procedure. So we haven't even gone through that, but she's asking Jack Smith to submit jury instructions, assuming something that's completely false and unlawful. Folks, as I mentioned before, I mean, all of these rulings I look at and national security lawyers look at and lawyers security lawyers look at and lawyers I respect look out and they go, what the heck is she doing? Like, we get you're corrupt.
Starting point is 00:15:11 We get you want to help Donald Trump, but you're also doing it in a way that's so dumbfounding and such a just disrespect to like, you shouldn't be a federal judge yes because you're corrupt but like you you don't know how to be a judge you just do what you're doing is is like a law student a 1l a first year law student would be doing a better job than judge eileen cannon right now it's a it's an it's an embarrassment to the 11th Circuit. So anyway, that's her order. In one sense, her order is saying that sealed ex parte order granting in part and reserving ruling on special counsel Jack Smith's CEPA section 4 motion. All right, Jack Smith, you can withhold these documents. But on the other hand, she's still reserving the ruling. Oh, Judge Cannon, she just needs to go.
Starting point is 00:16:07 I'm Ben Micellas from the Midas Touch Network. Hit subscribe. We're on our way to 3 million subscribers, thanks to your support. 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.
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