The MeidasTouch Podcast - Judge Cannon MISSES Key Date in Her Order, Jack Smith SCHOOLS Her

Episode Date: November 16, 2023

MeidasTouch host Ben Meiselas reports on Special Counsel Jack Smith’s latest notice to Judge Aileen Cannon where he points out that she left off the most important deadline for classified information exchange in her revised scheduling order where she tries to help Donald Trump.  Get 10% off plus free shipping of your estate plan documents by visiting https://trustandwill.com/MEIDAS 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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free of charge bet mgm operates pursuant to an operating agreement with iGaming ontario back on november 10th when corrupt federal judge eileen cannon entered an order rescheduling the deadlines in the mar-a-Lago document case. As I mentioned on the hot take that I did, it was so sloppy and intentionally corrupt. She did not include key dates on the scheduling order. And now special counsel Jack Smith had to file a notice to judge Eileen Cannon informing her that she was missing the most critical dates in a scheduling order in a case involving classified information. I'm Ben Mycelis from the Midas Touch

Network where facts matter. Here is a notice that special counsel Jack Smith's team had to file in the Southern District of Florida in the criminal case against Donald Trump for his theft of national defense information because Judge Eileen Cannon did not include in her scheduling order the deadline for SEPA, Classified Information Procedures Act, Section 5 disclosures, which is the critical date. It's the critical deadline in a classified information case. Here is the government's motion for SEPA section five notification. This was filed by special counsel Jack Smith's team a few moments ago. This is what it states. The government respectfully moves for an order resetting the date by which the defendants,

including Donald Trump, must provide their first notice of any classified information that they reasonably expect to disclose or cause the disclosure of in any matter in connection with any trial or pretrial proceeding in this case. 18 U.S.C. Section 5A, this is our sub three Section 5A. That's SEPA Section 5. In this court's order, granting in part the government's motion to continue the trial and resetting deadlines, it set November 17, 2023 as the deadline for the defense to file their SEPA, Classified Information Procedures Act, Section 5 notice. In ECF Electronic Court Filing System classified information procedures act section five notice in ef's in ecf electronic court filing system number 205 the court stayed the november 17th deadline among others and its order

granting in part defendants motion to continue pre-trial deadlines and denying without prejudice the motion to adjourn trial the court superseded all deadlines except those identified in the order. The court's new set of SEPA deadlines did not include the date for defense to file a SEPA Section 5 notice. The Section 5A notice is the central document in SEPA. It enables the government to know what classified information the defense seeks to disclose at trial or in any ancillary hearings and sets the stage for proceedings under SEPA section six. Timely notification under SEPA section five ensures that a trial can go forward without delay. Defense counsel now has full access to approximately 5,500 pages of classified

discovery, the vast majority of the classified discovery in this case, and the laptops necessary to create pleadings referencing the materials. They therefore are in a position to provide notice under SEPA Section 5 as to which documents or pieces of information from these 5,500 pages or from any other source they reasonably expect to disclose at trial. Providing such notice by a set near-term date will facilitate the completion of SEPA litigation before the May 20, 2024 trial date. The government acknowledges that ruling on SEPA Section 4 motion will likely result in the production of a limited amount of additional classified discovery and B, the defense could be successful in compelling the production of other classified materials.

However, rather than delaying any SEPA Section 5 deadline until SEPA Section 4 and discovery litigation is complete, the court should reset the SEPA Section 5 deadlines for December 18, 2023, with the understanding that it may be necessary to permit a supplemental SEPA Section 5 notice after all classified discovery issues have resolved and the statute SEPA contemplates this type of process. All right, so a lot of complicated things right there. I wanted to read it for you just so you have the full context and then let me break it down for you. So as we look at Judge Cannon's prior order that I talked about that she issued on November 10th, you'll recall back in early October, she stayed or stopped her own deadlines regarding the dates accompanying the trial date of May 20th of 2024. Then on October 19th, she set a hearing for November 1st to have a hearing on Trump's request to adjourn the trial date and move the other deadlines.

So that happened on November 1st. Then it took her 10 more days. So you see how she's delaying everything until November 10th, where she finally issued a written order where she says she's going to deny without prejudice, removing the trial date. So the trial date will stay May 20th, 2024, but all of the other dates are going to be moved. And then she said she's going to hold a scheduling conference on March 1 of 2024 to then determine on that date if the May 20th, 2024 trial should be adjourned. And she's going to decide that at the march 1 trial of the march 1 status conference rather whether the may 20th 2024 trial date should remain in place by now you may know that i will soon be getting married see we build up our lives with bright moments of joy

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at trustandwill.com slash midas you spell it t-r-u-s-t-a-n-d-w-I-L-L.com slash M-E-I-D-A-S. As I said, she's going to move that May 20th, 2024 trial date. She has not moved it yet. She has not adjourned that date because she's trying to protect that time to help out Donald Trump by not allowing any of the other trials to take place in that time period. For example, Fulton County District Attorney Fannie Willis may try to set a trial date in that May or June or July time period. So Judge Eileen Cannon, in my opinion, is trying to protect that trial date, even though she knows she's going to move it.

One of the examples that I gave to you about how I know she's going to move it is if you look at the scheduling order that she provided. As you go back to my last hot take, I said it was missing critical dates and deadlines like critical SEPA section five types of deadlines that you would expect to see in a scheduling order. And by moving all of the other dates and having omissions of dates, it makes it impossible to have the trial on May 20th, 2024. That's exactly what special counsel Jack Smith is saying. If you look at Judge Cannon's scheduling order right here, you'll see it talks about SEPA section four. It talks about joint status reports.

It talks about pretrial motions. And then it sets that scheduling conference on March 1, 2024 to then determine if they're going to adjourn or change the May 20th, 2024 trial date. But notice it doesn't have any SEPA section four trial dates. The case, sorry, SEPA section five dates. The case involves classified information. SEPA section five is the key provision, and SEPA Section 5, as it states in that brief, we could just pull up the statute right here of what SEPA Section 5 is, notice of defendant's intention to disclose classified information. And as part of SEPA

Section 5, the defendant provides notice to the court that it intends to rely on certain classified information at the trial. And then they have to decide, well, how are they going to deal with that? How are they going to balance the defendant's due process rights to have this discovery, to have a public trial versus the national security interest of these classified documents. I mean, if we're dealing with, for example, nuclear secrets, if we're dealing with war plans, if we're dealing with other highly sensitive classified information, SEPA Section 5 would basically be like, okay, well, you have to give your intent to disclose it. Then the government responds and we figure out how do we deal with this classified information in an appropriate way. One of the things that's referenced in the motion by Special Counsel Jack Smith is the SEPA Section 4 procedure, which involves the government's request to

withhold certain documents and not produce it in discovery. Documents that may be so highly classified, like those nuclear secrets, like other classified information involving war plans, and to substitute in its place maybe redacted documents or maybe summaries of what the documents say so that the defense can still have access to something but not the underlying classified material that could jeopardize our national security. So what Jack Smith was saying in that motion is as well as that, look, we recognize that after we go through the SEPA Section 4 process, because that is a ex parte in-camera review with the court where

defense counsel is not supposed to be present, we recognize, Judge, that you may say that we have to turn over some of these documents that we believe we shouldn't have to turn over under SEPA Section 4. And then they may become documents that get produced. And then there may need to be another SEPA Section 5 notice requirement thereafter if that next tranche of documents is produced to Trump. But right now, what Jack Smith's saying is for now, he has 5,500 classified documents, about 5,500 pages of classified documents. He should be able to make the SEPA 5 notice requirement. He should meet that now. And then as we deal with SEPA section 4, if you determine that we're not allowed as the government to withhold certain documents and you make us produce those to Donald Trump, then there can be a second SEPA Section 5 notice that Donald Trump has to make with the court. But both of those notices, the first SEPA Section 5 and

then perhaps a supplemental SEPA Section 5, that takes time, Judge. That takes time and you don't have it in your schedule at all. So what we're suggesting, make that first SEPA Section 5 disclosure on December 18th if you truly want to keep this May 20th, 2024 trial date. You did not include it in your schedule, which Jack Smith says you either forgot to include it, he doesn't say this specifically, or you are intentionally not including it because your May 20th, 24 date is a total farce. So this is Jack Smith's way of saying, judge, do something right now if you're serious about that May 20th, 24 trial date. And if you want your scheduling order to comport with SEPA, which this case is, you need a deadline for SEPA section five. You missed the key deadline for SEPA.

You don't have it anywhere in your scheduling order because you're incompetent and corrupt. Of course, Jack Smith doesn't say that, but that's the clear message here in this notice. You're incompetent and corrupt. You don't have the key deadline in the case. And so what can she do? I mean, she can basically say, I'll deal with that after March 1, which if you're going to deal with that after March 1, it's impossible to have the May 20, 2024 trial date. If it's not on your schedule, daughter, it's impossible to have the May 20, 2024 trial

date. So there you have it, folks. I will keep you posted, but I wanted to break down. It's Jack Smith, not just schooling canon, schooling the public, and eventually the 11th Circuit Court of Appeal when an appeal is made. She just entered a scheduling order, which is a farce, where she didn't include the key date for SEPA Section 5. Hit subscribe. We're on our way to 2 million subscribers. Thanks to your support. Check us out at patreon.com slash MidasTouch. Have a good one.