The MeidasTouch Podcast - Judge Cannon makes Very SURPRISING Order in Trump Criminal Case

Episode Date: September 14, 2023

MeidasTouch host Ben Meiselas reports on a new order made by Judge Aileen Cannon in the federal criminal case where Donald Trump is a criminal defendant for willful retention of national defense information at Mar-A-Lago among other crimes.  Get 20% OFF YOUR FIRST ORDER RIGHT NOW at https://TommyJohn.com/MEIDAS 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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And she also adopted the government's definition of what constitutes classified information. Let's go to those key points of this order. And then I want to discuss, even though the fact that Judge Eileen Cannon made the right order here, which is very surprising, what I ultimately think her intentions are. I don't want to give her so much congratulations for the fact that she did a very simple but correct thing, but we should acknowledge that she did the right thing here. So going through this order, here are some of the key highlights of it. If we go to paragraph eight of the order, it says, any classified information the defense discusses with the defendant, Donald Trump, in any way shall be handled in accordance

with this order, including such requirements as confining all discussions, documents, and materials to an accredited SCIF or other location authorized by the CISO, the Classified Information Security Officer, who is appointed to oversee the handling of classified information in a SEPA case, a Classified Information Procedures Act case. Accredited facility, accredited SCIF is not one that will be built at Mar-a-Lago. There are certain accredited SCIFs, like there's one in Miami. This means every time Donald Trump and his lawyers want to review or discuss these records, it has to take place at a SCIF. The records can't be brought to Mar-a-Lago. They can't be transferred. A SCIF's not going to be at Mar-a-Lago. Here are other critical portions of this order, paragraphs 27 and 28. Paragraph 27 says, any unauthorized disclosure or mishandling of classified information may constitute violations

of federal criminal law. In addition, any violation of the terms of this order shall be brought immediately to the attention of the court and may result in a charge of contempt of court and possible referral for criminal prosecution. I'll explain in one moment why that's so important. Then paragraph 28 states, all classified documents and information to which the defense has access in this case are now and will remain the property of the United States. Upon demand of the CISO, the classified information security officer, all persons shall return to the CISO all classified information and their possession obtained through discovery from the government in this case for which they are responsible because of the access to classified information.

So if you think about it, what the government is charging Donald Trump with is the unlawful retention of national defense information, documents that don't belong to him. So here, what this protective order is even recognizing is that the standard, the law that Donald Trump violated, which is why the Department of Justice brought the case, why special counsel filed the case against Donald Trump. You can't steal national defense information and classified information that that same standard applies in connection with this protective order. So by Judge Eileen Cannon entering this protective order, she is at least tacitly or implicitly acknowledging, and not saying it directly, but that by willfully retaining documents that don't belong to you absent a court order is a violation of the law. It's why

the import of this order is even more significant than simply entering a protective order. So I think those were the three key points. Let's take a look at this order in more detail. Here it is, protective order pertaining to classified information disclosed to former President Donald Trump and defense counsel. What do you notice right away? The titles of this order are not calling him President Donald Trump. And I think that is an important thing. And I think it is kind of just flagrantly improper for court filings to refer to him with a title. He's just no longer the president. He's a former president. That's very unfortunate. That's how you should refer to him or just refer to him as criminal defendant Donald Trump. You see a footnote right there and the footnote says, this order applies to

classified information provided to former president Donald J. Trump, hereinafter referred to as defendant for purposes of this order and his counsel. Separate protective orders to follow as to classified information provided to defense counsel for Walti Nauta and Carlos de Oliveira. Recall Walti Nauta and Carlos de Oliveira are not charged with willful retention of national defense information. They're being charged with making false statements, obstruction of justice. So I think what this hints at is that they're not even going to be entitled to look at classified information at all. Whereas Donald Trump can look at it in a skiff, what I predict will happen as it relates to any protective order that relates to them, unless there's a specific

request as to a specific classified document, the presumption with them is going to be they can't even go into a SCIF to look at it because they're not even being charged with willful retention of national defense information in the first place. It's fall, which means you should be picking apples, not wedgies. Get yourself new underwear that'll take care of your whole fruit basket. That's Tommy John. When you wear Tommy John, you're that much more comfortable, so you can do everything better. Tommy John underwear and loungewear have dozens of comfort innovations, like breathable, lightweight, moisture-wicking fabric with four times the stretch of competing brands that keep you comfortable no matter what the season throws at you. With over 20 million pairs

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three of the Classified Informations Protections Act, SEPA, to prevent the unauthorized use, disclosure, or dissemination of classified national security information and documents that will be reviewed by or made available to or otherwise in the possession of defendants and defense counsel in this case. You see there's a footnote there, and the footnote says, This order is entered without prejudice to any potential challenges to the constitutional and statutory challenges to the authority of the special counsel to maintain this action, to the purported classification status of certain documents at issue in this action, or to the arguments defenses raised under the Presidential Records Act. So there it kind of hints at, is Judge Eileen Cannon not necessarily adopting

these other arguments by Donald Trump, but is she basically doing the bare minimum right thing here to set up something more nefarious down the road? So you can say that that footnote too perhaps hints at something like that to come. It goes on to say, a sealed hearing was held on the motion on September 12th, 2023. Recall Judge Eileen Cannon accidentally, she didn't really know the law, she said a public hearing and then realized there had to be a sealed hearing.

So that took place on September 12th, 2023. And then it says, pursuant to the authority granted under Section 3 of SEPA, the security procedures established pursuant to this by the Chief Justice of the United States for the protection of classified information and SEPA-related law, the general supervisory powers of the court, and in order to protect the national security, the government's motion is granted in accordance with this order, and the following protective order is entered. But notice there, strong language, protecting our national security, there has to be a protective order to limit the way that Donald Trump can access these documents that he stole. There's another footnote here as well, and it says, the court understands that the government may move for supplemental protective orders pursuant to SEPA and the federal rules of criminal procedure.

And then footnote four says, any individual to whom classified information is disclosed pursuant to this order shall not disclose such information to another individual unless the U.S. agency that originated that classified information has validated that the proposed recipient possesses the appropriate security clearance and need to know. In other words, it's again recognizing classified documents need to be maintained and kept in a very careful manner. It goes on to say, the court finds that this case will involve information that has been classified and in the interest of national security. The storage, handling, and control of this information will require special security precautions by statute, executive order, and regulation. The purpose of this protective order, this is why you have protective orders, is to establish the procedures that must be followed by defendant, defense counsel, the parties, and all other individuals who have access to classified information or documents in connection with this case. The procedures set forth in this order shall apply to all pre-trial, post-trial,

and appellate matters concerning classified information. It goes on to have a bunch of definitional sections, and then it goes to those key highlights that I showed you, which basically means that Donald Trump's lawyers applied for, they had to, and they were granted temporary security clearances. They can only review the classified documents in a SCIF. They can't bring recording devices into the SCIF. They can't take photographs of the documents in the SCIF. They can take notes of the documents in the SCIF. They can take notes about the document. They could have discussions with Donald Trump about these documents in the SCIF, not outside of the SCIF. And they could prepare their defense related to classified

information only in the SCIF. There is, as I mentioned earlier, a classified information security officer, a CISO. Almost think about that as like an independent monitor or special master in SEPA cases, someone who advises the court and the parties on how to handle these documents. And any requests that deviate from this protective order go to the CISO, and the CISO throughout the process will help with the filings and things like that. But overall, this recognizes the highly classified nature of these documents and serious repercussions for mishandling it. Notably, it's what Donald Trump is ultimately being charged

with. Now, at the beginning of this video, I said we need to be wary of Judge Eileen Cannon's intentions. We absolutely do. Sure, she did the right thing here, but it's kind of the bare minimum right thing to do in a situation. Recognizing that classified documents are classified, that SEPA controls a case involving classified information, the fact that a CISO would be appointed, the fact that SCIFs should be the forum for how these documents are reviewed, the fact that Mar-a-Lago shouldn't have a skiff built at taxpayer expense. Like, yeah, she did the right thing there, but that's kind of the bare minimum. But if you look at some of the footnotes that she puts in, especially she's saying that, well, Donald Trump preserves his right to make certain arguments at a later time,

I think what she's trying to do here is avoid getting reversed and removed from the case at this stage while right ruling to make. But I think she realizes that she's been outmaneuvered by Jack Smith and she's just trying to avoid, she wants to stay on the case. So we'll keep you updated, but that's the key highlights from this protective order that was just issued. And we'll keep you posted as we learn more. Go to patreon.com slash Midas Touch. P-A-T-R-E-O-N dot com slash Midas Touch. Hit subscribe on our YouTube. Subscribe to the Midas Touch podcast. Have a great day.

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