The MeidasTouch Podcast - Special Master SLAMS Trump’s Attorneys at First Mar-a-Lago Search Hearing

Episode Date: September 21, 2022

Donald Trump’s lawyers had a bad day in court before the Special Master in the Mar-a-Lago search case on Tuesday. The Special Master, who Trump recommended, pressed Trump’s lawyers on the claims Trump declassified records and why it would be the court’s business to challenge the actual current Executive Branch's assertion that documents are classified and belong to them. Judge Raymond J. Dearie told Trump’s lawyers, “You can’t have your cake and eat it too,” referring to their claim they will not provide any declaration that Trump declassified records or owns the records, while claiming the DOJ should not have them. MeidasTouch co-founder and legal expert Ben Meiselas presents this breaking news report on this edition of 'The Mighty.' On The Mighty, we feature some of the most impactful responses, reactions, narratives, musings, and rants of Meidas content creators. New episodes of the traditional MeidasTouch Podcast featuring all the brothers drop every Tuesday and Friday morning. Shop Meidas Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

When does fast grocery delivery through Instacart matter most? When your famous grainy mustard potato salad isn't so famous without the grainy mustard. When the barbecue's lit, but there's nothing to grill. When the in-laws decide that, actually, they will stay for dinner. Instacart has all your groceries covered this summer. So download the app and get delivery in as fast as 60 minutes. Plus enjoy $0 delivery fees on your first three orders. Service fees, exclusions, and

terms apply. Instacart. Groceries that over-deliver. Discover the magic of Bad MGM Casino, where the excitement is always on deck. Pull up a seat and check out a wide variety of table games with a live dealer. From roulette to blackjack, watch as a dealer hosts

your table game and live chat with them throughout your experience to feel like you're actually at the casino. The excitement doesn't stop there. With over 3,000 games to choose from, including fan favorites like Cash Eruption, UFC Gold Blitz, and more. Make deposits instantly

to jump in on the fun and make same day withdrawals if you win. Download the BetMGM Ontario app today. You don't want to miss out. Visit BetMGM.com for terms and conditions. 19 plus to wager. Ontario only. Please gamble responsibly.

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. Offer valid on standard browsers, U.S. only. When I heard about Date My Age, I thought, really? But there I was in my empty, quiet house, my laptop on the kitchen counter, and I typed in my name. Looking for a man between the ages of, hmm, 40 to 60?

Sure, why not? Date My Age is different. With verified profiles, you can feel safe and secure to explore meaningful connections with interesting and mature singles. Date My Age made it really easy. I could join and view online profiles for free. All of a sudden, my empty house wasn't so quiet anymore. I got so much attention, it just made me feel seen and alive.

Date My Age helped me start a totally new chapter in my life. Find a friend, a lover, a partner at Date My Age. Get 60% off when you join at datemyage.com today. That's datemyage.com to connect with thousands of singles worldwide. datemyage.com. I'm Ben Mycelis from the Midas Touch Network, and this is a breaking news alert.

Judge Raymond Deary, the special master appointed on the Trump search warrant matter. He sits in the Eastern District of New York. Well, he just wrapped up the first hearing as the special master. We commenced at 2 p.m. Eastern time. And let me tell you the hearing put a docketed entry asking them this question, which they didn't respond to in any meaningful way. But Judge Deary asked them, are you claiming you declassified these records? Are you claiming you own these documents, which the government, the Department of Justice and the executive branch is claiming as classified records? Do you have any evidence of declassification to which Donald Trump's lawyers refused to answer? They said, judge, we don't think it's the appropriate time to have to answer that question

to which Judge Deary responded. Then what am I even doing here? I'm paraphrasing, but what am I doing here then with those documents? If you're not making the claim that you own them or that you declassified them or there's no disputes at all, who am I to challenge the government saying that these documents are classified documents? I'm not the executive branch. You're a former president. I'm not the executive branch. You're a former president. You're not the current president.

The Department of Justice, the executive branch, is making a claim. You may be tweeting about it. The judge didn't say this, but you may be saying this. But what are you saying in this courtroom? And Trump's lawyers did not have a good answer. And so it seems where Judge Deary's going, based on what he said at today's hearing, is he may not even want to look at these confidential records. The government, the Department of Justice, has put forward, as Judge Deary pointed out, affidavits and evidence that these are classified documents owned by the government. In response, Trump has put forward

nothing with respect to those 100 classified records. So ultimately, what it seems like Judge Deary is going to say, in the absence of you putting forward any evidence, these documents belong to the government. And if you don't want to raise your argument that you've declassified him now, and sure, one of the things that Trump's lawyers are claiming is we want to preserve any claims about declassification as a defense if we are indicted. And the judge basically said, without saying these exact words, I'm the special master who is supposed to look through these documents. So that's great that you want to do that and preserve it as your defense or whatever the heck you're telling me. But at the end of the day, I'm the one who you've appointed, who you wanted to make these class, these determinations.

And if you're not even asserting it, who am I as a judge to assert it? Let's give it back to the government. So that was one of the big things that came out of today's hearing. Another big thing to come out of today's hearing is Judge Deary wants to move quick. He doesn't want BS. He controls his courtroom like a real judge, not like Judge Eileen Cannon. And Judge Deary is saying, look, I think this could be done by October 7th. I think this could be done soon. Let's get to work. Let's roll up our sleeves and get this done. To which Trump lawyers responded, uh, but we thought

we had until November 30th. We want to delay this thing. They didn Trump lawyers responded, uh, but we thought we had until November 30th. We want to delay this thing. They didn't say those exact words, but respectfully, Judge, it's going to take us a lot of time to find the right vendor and to do all of this. And Judge Deary was having none of it full stop. And Judge Deary pushed back at Trump's claims. And so one of the things that Judge Deary also said is that whatever your litigation strategy may be, Trump's lawyers, well, what's your view about these documents? Are they claiming they're classified? Are you claiming they're not classified? verify classification. What business is it of the court? He said, to which Trump's lawyer responded, we should not be in a position to have to disclose declarations and witness statements, to which Judge Deary responded this. What a slam. My view is you can't have your cake and eat it too. So that's basically how the hearing went with Judge Deary being very skeptical of Trump's claims regarding these documents. Judge Deary seems inclined with respect to those classified records to just give them to the

Department of Justice and end the inquiry there because Trump's lawyers aren't even making a claim. And then one other issue that came up is that Trump's lawyers wanted access to, you know, the records and to the government documents to which the Department of Justice pushed back that your security clearances may not be appropriate here. And Trump's lawyers responded, oh, we're the lawyers of a former president. How dare you say that we don't have the appropriate authority? One other point of what Trump's lawyer said to the judge,

and this was like an interesting legal kind of back and forth, where Trump's lawyer said, we're not trying to engage in gamesmanship here. And the judge basically responded, sure, you're not trying to respond. Why would I ever believe you're trying to respond in gamesmanship? And it was done in that kind of sarcastic way. But it's also the projection of Trump is also obviously instilled in his lawyers. So let me just back up for a second and situate the context here so everybody just remembers what took place. So the search warrant was executed on August 8th. Trump did nothing until August 22nd. He filed a motion for judicial oversight and related relief with Judge Eileen Cannon, someone who he appointed. She really doesn't have any jurisdiction over it. But nonetheless,

she issued a September 5th order where she asserted extraordinary equitable jurisdiction on the basis that president and former presidents have, you know, potential reputational harm. And there's an extraordinary circumstance here. And so she asked the parties to submit special masters. Two were submitted by the Department of Justice. Two were submitted by Trump. One of the people Trump submitted was Judge Raymond Deary, this judge. And the reason Trump a search warrant for Carter Page, which was later found to have defects in it based on representations not like the FBI or not be supportive of the Department of Justice positions, regardless of what the actual facts of a situation was. But Judge Raymond Deary, everybody who speaks about him says he has an impeccable reputation. He's the former chief judge of the Eastern District of New York.

He sat on a FISA court, the Foreign Surveillance Courts. So he knows classified and confidential records. He knows how sensitive they are. He knows how to identify them. And Trump chose him for the reasons that I told you. Judge Raymond Deary, since he's been actually appointed because Trump selected him and Judge Eileen Cannon gave Trump what he wanted, he's actually followed the law. And he's been very aggressive in saying the truth and supporting justice and saying, I'm not doing this BS stuff.

Tell me, Trump, are you claiming they're declassified or not? No games here. Are you claiming them? And Trump said, we don't have to tell it to you. We don't need to tell everything right now. We're not going to reveal our position. It's going to hurt us in our defense if we're indicted. To which Judge Ramadir said, all right, well, we'll hold a hearing on Tuesday, which took

place, and let's talk about it. Let's see what you want my role to be. And Trump's lawyers looked like utter fools because they are representing the biggest fool in the world. And at the same time they have this going on, Trump filed an appeal to the 11th Circuit where he also didn't make the argument that he tries to make on his social media platforms and claim that he owns these records. And so what I suspect is going to happen is Judge Deary may give these documents to the DOJ immediately, like an order can hit any moment now, I think, where Judge Deary may

just say, OK, those 100 classified documents, those go to the government as my recommendation next. Or I think that the 11th Circuit is going to rule in favor of the Department of Justice because with these classified records, there is no possible claim. The law is well established. A prior president can't claim executive privilege, certainly not over the current executive branch. The current executive branch has the right and ownership over its records, especially its top secret classified records, and especially when they have a need for it, when they have

an interest in it. And Donald Trump has not claimed those documents. And if he did, the reason why he's not is he'd be admitting to the crimes. There was one update in the Court of Appeals why he's not is he'd be admitting to the crimes. There was one update in the court of appeals brief he filed today where he was saying, well, I may, this is what Trump said, I may have written notes on the classified records. So that shows there may be executive privilege. No, it doesn't because you don't have executive privilege anymore. You're not the president and you've admitted to mutilating the documents by

writing on it. As I've described in an earlier video that I did, Trump's claim essentially to the court of appeals regarding those documents is like a dog's claim of territory who pees on a bush. It's like the dog saying, I pissed on the bush. That's my bush. And Trump saying, I scribbled on a confidential top secret classified record. It's mine now, or it should Bush. And Trump's saying, I scribbled on a confidential, top secret classified record. It's mine now, or it should be mine. That's how absurd his argument is. Judge Deary sees it. So we're good there.

I'm comfortable and confident, and you should be too, about this Judge Deary process, that this is not helpful to Trump. And you may go, well, Trump delayed and he got what he wanted by delaying this process. Sure. But I think he's dug a bigger hole for himself in incriminating himself by dragging this process through. If he just dealt with this process, how normal criminal defendants being investigated deal with it, have lawyers in the background trying to work cooperatively with the Department of Justice. I think he's created exponentially greater criminal liability for himself by doing it this way. And perhaps, you know, one, he's deranged. Two, he hates this country.

He's the most anti-American, and MAGA is the most anti-American movement. But he also has that martyr complex where maybe he wants to dig the hole. Maybe he wants to be prosecuted so he can say, oh, pity me, pity me. I need to raise more money. I get to steal top secret nuclear codes and I should not be held accountable. Oh, they're coming after me. Bottom line, accountability is coming.

You should feel good right now. Okay. Even regardless of what the 11th circuit does, judge Deary knows these issues. Donald Trump has put himself in a corner with his weird legal arguments and we're in a good, good place right now. We are an independent media network. We are not funded by outside investors. There's no millionaires or billionaires or 100,000. There's no outside investors. So we stay independent and accountable to you. But the way you can help out, help this network grow,

is by joining our Patreon account at patreon.com slash MidasTouch. That's P-A-T-R-E-O-N dot com slash MidasTouch. Become a member at one of those tiers. That's how you could be involved in supporting independent media. We're so grateful for you. It's an honor to be able to do these breaking news stories with you each and every day and hopefully providing a little clarity with all of the noise out there. Until next time, I'm Ben Myselvis from the Midas Touch Network. Midas Touch is unapologetically pro-democracy. And look, we know you are too. So please make sure you check out our best-selling shirt and our best-selling gear,

the unapologetically pro-democracy gear. And hey, while you're at it, make sure you check out my favorite shirt and one of our most famous designs. It wasn't rigged. You're just a loser. At store.midastouch.com. That's store.midastouch.com.