The MeidasTouch Podcast - Trump BLUFF Gets CALLED OUT by Jack Smith in PERFECT Motion

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Starting point is 00:01:14 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. I'm Ben Micellis from the Midas Touch Network. Special Counsel Jack Smith sees right through Donald Trump's delay and chaos tactics in a new motion that Donald Trump is opposing, where special counsel Jack Smith says, look, your honor, we have trial the first week of March 2024. Donald Trump's lawyers have been doing these interviews and Donald Trump has been giving speeches and interviews where he's made it seem like the way he's going to try to defend himself at trial is to blame his behavior on January 6th and his behavior leading up to January 6th and after on his lawyers, that he's going to say that he relied on the advice of lawyers

Starting point is 00:02:23 and that's why he engaged in the conduct that he did. Well, Your Honor, Special Counsel Jack Smith saying, if indeed Donald Trump is going to be making that argument, guess what? He waives attorney-client privilege. And there have been already 25 witnesses who the special counsel's office has interviewed or spoken with who have withheld information asserting attorney-client privilege as the basis of not producing information, documents, or providing testimony to the special counsel's office.

Starting point is 00:02:56 If Donald Trump really wants an advice of counsel defense, rather than just saying it to the media or saying it in his speeches, he should say it on or before December 18th, where Donald Trump has to provide his exhibit list of the exhibits he's going to be introducing for the March 2024 trial. This way, we'll know that he's waived all of his attorney-client privilege and all of those lawyers who have refused to testify, who have not provided us with information, have withheld information on purported attorney-client privilege, kiss that goodbye. We can have enough time to prepare before the March 2024 trial. But judge, what we do not

Starting point is 00:03:37 want to happen is exactly what we anticipate Donald Trump to try to do. That's why we want to address it right now in October so that these disclosures could be made in December versus here's the tactic that Donald Trump's going to try to do. He's going to not tell anybody if he's going to assert attorney-client privilege or rather assert the advice of counsel as a defense. So he's going to continue to assert attorney-client privilege and not allow documents to be turned over. But here's what we he's going to continue to assert attorney-client privilege and not allow documents to be turned over. But here's what we suspect is going to happen, Your Honor. This is what Jack Smith says in this brief. During opening statements, we expect that what Donald Trump's lawyers are

Starting point is 00:04:15 going to do is blame the lawyers then. And then that's going to cause chaos and disruption of the trial because that would trigger a waiver of attorney-client privilege. And then we'd have to go and get all the other documents that are still subject to attorney-client privilege. And that would just be disruptive and not appropriate. So he's got to put up or shut up by December 18th. And guess what? Donald Trump is opposed to doing that. The same way Donald Trump is opposing another motion that was filed by Jack Smith earlier in the day to protect the identities of prospective jurors from being publicized. That tells you everything you need to know about Donald Trump's strategies here. And again, here's my view when I say the most important thing is fact-based, evidence-based,

Starting point is 00:05:02 data-driven approach that we do here at the Midas Touch Network, which is, look, if Trump at your rallies and your lawyers go on Meet the Press or all these other networks and they say that you're going to rely on advice of counsel, okay, well, then say that to the judge. And then that has consequences. There are consequences for actions, which means there will be a waiver of attorney-client privilege, and Jack Smith gets those records. And then you'll be cross-examined or you'll invoke the fifth, even though you claim you're going to testify, which you're absolutely never going to testify. But then Jack Smith can cross-examine your lawyers, and all of their information will now be available, which currently isn't available. So here is the government's, Jack Smith's, opposed motion for formal pretrial notice of the defendant's intent to rely on advice of counsel defense. And it's opposed because Trump is opposing it. And it says the following,

Starting point is 00:05:57 the defendant Donald Trump has provided public notice that he intends to rely on an advice of counsel defense at trial. When a defendant invokes such a defense in court, he waives attorney-client privilege for all communications concerning the defense, and the government is entitled to additional discovery and may conduct further investigation, both of which may require further litigation and briefing. To prevent disruption of the pretrial schedule and delay of the trial, the court should exercise its inherent authority to require the defendant, Donald Trump, to provide notice in court of his intent to assert such a defense by the date exhibit lists are due, December 18, 2023.

Starting point is 00:06:42 Through counsel, the defendant, Donald Trump, opposes this motion. A little while ago, we had the idea that we wanted to sell the best pro-democracy merchandise in the game. And candidly, we had no idea where to get started. That's why I'm so glad that I found Shopify. Shopify is the commerce platform revolutionizing millions of businesses worldwide. Now, whether you're a garage entrepreneur or IPO ready, Shopify is the only tool you need to start, run, and grow your business without the struggle. Shopify puts you in control of every sales channel. So whether you're selling satin sheets from Shopify's in-person POS system or offering organic olive oil on Shopify's all-in-one e-commerce platform, you're covered.

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Starting point is 00:07:59 And Shopify is truly a global force, powering Allbirds, Rothy's, and Brooklyn, and millions of other entrepreneurs of every size across over 170 countries. Plus, Shopify's award-winning help is there to support your success every step of the way. This is possibility powered by Shopify. Sign up for a $1 per month trial period at shopify.com slash Midas, all lowercase. Go to shopify.com slash Midas to take your business to the next level today. Shopify.com slash Midas. Jack Smith goes on to explain the massive scope of witnesses who have refused to testify on the basis of attorney-client privilege. During the course of the government's investigation, at least 25 witnesses withheld information, communications,

Starting point is 00:08:50 and documents based on assertions of the attorney-client privilege under circumstances where the privilege holder appears to be the defendant or his 2020 presidential campaign. These include co-conspirators, former campaign employees, the campaign itself, outside attorneys, a non-attorney intermediary, and even a family member of the defendant. In the time since the grand jury returned the indictment against the defendant on August 1, 2023, the defendant and his counsel have repeatedly publicly announced that he intends to assert the advice of counsel as a central component of his defense at trial. On the night of August 1, for example, defense counsel told a national audience on Fox News that the defendant

Starting point is 00:09:38 had an advice of counsel, a very detailed memorandum from a constitutional expert. Hours later on CNN, defense counsel argued that Mr. Trump had the advice of counsel Mr. Eastman, who was one of the most respected constitutional scholars in the United States, giving him advice and guidance. The following day, defense counsel was asked on NPR to talk a little about your legal strategy and give us a summary of your legal defense to these criminal charges. Defense counsel responded, well, it's not a big surprise. Got advice from counsel, very, very wise, learned counsel on a variety of constitutional legal issues.

Starting point is 00:10:16 Three days after the defendant's arraignment, defense counsel appeared on a circuit of Sunday shows on NBC. Defense counsel explained, quote, what defendants being indicted for ultimately is following the legal advice from an esteemed scholar, John Eastman. And it goes through every time Donald Trump's lawyers went on this interview. You get the point there. And then it goes on to cite the law. and it says, in order to assert a trial and advice of counsel defense as an affirmative defense, the defendant will be required to introduce evidence that one, he relied in good faith on the counsel's advice that his course of conduct was legal, and two, he made full disclosure of all material facts to his attorney receiving the issues before receiving the advice

Starting point is 00:11:06 at issue. So think about that element number two. Trump would have to prove he made full disclosure of all material facts to his attorney before receiving the advice at issue. If the defendant satisfies the burden to produce evidence that would support an advice of counsel defense, the court should instruct the jury on the defense and the government retains the burden to produce evidence that would support an advice of counsel defense, the court should instruct the jury on the defense and the government retains the burden of proving the defense mens rea beyond a reasonable doubt, the mental state, the mens rea. In invoking advice of counsel defense, the defendant waives attorney-client privilege on all communications concerning the defense. Accordingly, once the defense is invoked, the defendant must disclose to the government

Starting point is 00:11:48 all communications or evidence the defendant intends to rely on to establish the defense to, and any otherwise privileged communications the defendant does not intend to use at trial, but that are relevant to proving or undermining it. It's just the case law in the D.C. Circuit and across the country. Accordingly, waiting until the eve of trial or worse, when jeopardy attaches to

Starting point is 00:12:12 raise an advice of counsel defense, risks causing disruption and delay, particularly in the case, given the number of attorneys involved. To avoid disruption, courts in this district and others have concluded that while the federal rules of criminal procedure do not address this defense specifically, judges retain inherent authority to order defendants to provide formal notice of an advice of counsel before trial, of an advice of counsel defense before trial. That's exactly what special counsel Jack Smith is arguing here. And it's just saying, look, you said this is your defense on the news media. Now say it in the courtroom and then

Starting point is 00:12:50 consequences attached to it. And Jack Smith, brilliant move, getting ahead of it, calling Trump out. And now the ball is in Trump's court. Brilliant, brilliant maneuvering here by Jack Smith. And we got to just appreciate this very just high level lawyering. I'm Ben Myselis from the Midas Touch Network. Hit subscribe. We're on our way to 2 million subscribers thanks to your support. Check us out at patreon.com slash Midas Touch, P-A-T-R-E-O-N.com slash Midas Touch. 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 - Trump BLUFF Gets CALLED OUT by Jack Smith in PERFECT Motion

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