The MeidasTouch Podcast - Trump Gets Instantly WRECKED and Melania DISAPPEARS
Episode Date: January 2, 2024Ben and Jordy Meiselas hold down this new episode of the MeidasTouch Podcast and discuss Donald Trump’s miserable New Year’s party that Melania did not attend and Trump flipping out over Special C...ounsel Jack Smith’s latest legal filing. Ben and Jordy have an important message for the pro-democracy community in 2024 and how data and facts must and will prevail over media narratives and propaganda. Watch the Meidas More after show and support us on Patreon at https://patreon.com/meidastouch DEALS FROM OUR SPONSORS: RHONE: Head to https://rhone.com/meidas and use code MEIDAS to save 20% off your entire order! NETSUITE: Head to https://NetSuite.com/MEIDAS to get the visibility and control you need to weather any storm! HENSON SHAVING: Visit https://HensonShaving.com/MEIDAS to pick the razor for you and use code MEIDAS for 2 years worth of free blades! 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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Happy New Year, Midas Mighty.
It's going to be a great new year for democracy.
2024 is here. And already it was a miserable new year for the miserable Donald Trump. Melania Trump was nowhere to be seen at this Mar-a-Lago
event on New Year's where Vanilla Ice was the main performing act. They washed up Vanilla Ice
at Washed Up Mar-a-Lago before Washed Up Donald Trump. And for those watching this on YouTube, yep, that was
Waltine Nauta getting a sniff behind Donald Trump right there, Donald Trump's co-defendant
in the Mar-a-Lago document case. And as President Biden was posting his 2023 list of accomplishments and what he delivered for the American people.
Trump continued to rage and whine on social media about this and that and deranged Jack
Smith, wah, wah, wah, because Jack Smith filed his answering brief with the DC Circuit Court of Appeals opposing Donald Trump's ridiculous
and unlawful claim of absolute presidential immunity. And that just got Donald Trump post,
post, post, whine, whine, whine. We will talk more about that. And Jack Smith's answering brief
before the DC Circuit Court of Appeals on the issue of absolute
presidential immunity and why that concept doesn't exist in criminal cases based on the
history, text, and structure of the Constitution.
It's probably one of the most powerful legal documents I have ever read in my life, period. We're going to talk about that brief
and we'll get into some detail there. Also, I guess in response to that, as part of Donald
Trump's whiny posts, he reposted these messages from a far right-wing account, which said that Donald Trump was trying so hard on January 6th to invoke the
Insurrection Act. But you see, Twitter wouldn't let Donald Trump do it. It was Twitter's fault
why Donald Trump could not invoke the Insurrection Act. Well, got to get your story straight there, Donald, because by invoking
the Insurrection Act, you know those people who you sing with in the J6 choir? Well, then that
would make them insurrectionists, and that would make the day of an insurrection, which it was.
But you see, it's also further incriminating because if you go back to what the Oath Keepers had stated in their seditious conspiracy trial, it was that they were waiting
for Donald Trump to invoke the Insurrection Act so that they could then take their weapons that
they had in the hotel and start shooting at people and overthrow the democracy through
violent means. And ultimately,
when Trump did not invoke the Insurrection Act, that's ultimately why they did not do that.
So thanks, Donald, for tying yourself to the Oath Keeper seditious conspiracy plot.
Jack Smith thanks you coming into 2024. And by the way, this headline from the Washington Post, I criticized them and other
legacy media before, but they got this one right. This is what they said. A year that started out
with bleak prospects, including a widely predicted recession, shaped up to be a boon for the average American worker and one of the most triumphant for organized labor in a generation.
Folks, this is the Midas Touch podcast.
Ben Micellus joined by Jordy Micellus.
You got the Ben and Jordy tag team today.
Happy New Year. And as we get into this episode, as we get into this year,
we are in this together. Sleeves are rolled up, ready to go, rested, refreshed, ready to get
started fighting for our democracy. Jordy, how are you? And that's exactly it. Happy New Year to you.
Be happy. New Year might as mighty. That's exactly it. Here we are, folks. Twenty twenty four. It's time to gear up
right now. Thanks for coming on this journey. You know, this pro democracy journey with us.
We're going to continue to ride this through the election and beyond. So if you love democracy,
this is your spot. Ben, I just I love that intro. We have so much to get into tonight.
Where do you where do you want to start off? Do we start off with Vanilla Ice?
Do we start off with Where's Melania?
Where do we begin?
Jack Smith?
Well, here's the thing about Vanilla Ice.
I actually grew up as a kid.
I was a big Vanilla Ice fan.
Ice Ice baby.
You know, all the Vanilla Ice songs I liked.
So a bit disappointing that Vanilla Ice was giving this performance there.
Although I would have to say probably not surprising
because not surviving rappers and talent who are washed up,
they do their MAGA tour to try to grift and make money but it also goes in bar
it's just roseanne bar vanilla ice what they do they try and reclaim their old
fame or one last grift off the maga movement by aligning themselves with donald they can't
they're white man they canceled us they canceled me this is cancel culture no you're just not that
good anymore or never were maybe in the first place. And people just don't want to listen to you. But I think this is where we start. I think we start. Let's just show you President Biden's New Year's message. Folks, Happy New Year. Right, Jordy? Fairly normal. Fairly normal. Super normal. Or how about this one? One year of cranes going up and shovels
hitting the ground in American communities. Fairly normal. Super with photos alongside
workers. Just, I love that. Just super normal. No weird all caps locks. There's appropriate
period usage. Just what you want for this is a statesman right here, Ben. Smiling, shaking hands.
People look like they want to be with him. Yeah.
So let's take a look, though, as the New Year's countdown was ticking down at Mar-a-Lago.
Take a look at Trump here.
No Melania in sight.
And with Trump, there's no smile, no laughter, no joy, no turning to his guests to wish them happy new year this is what it
looked like to be in mar-a-lago on new year's night here play this clip 15, 12, 13, 10, 9, 8, 7, 6, 5, 4, 3, 2, 1.
10, I'm screwed. 9, I'm screwed. 8, I'm screwed 9 i'm screwed 8 i'm screwed 7 stop counting 6 stop counting
we go we go back to last year can we go back to last year i mean what a miserable human being
no melania in sight whatsoever but jordy as you watch him right
there what do you make of that so i'm gonna be honest here i usually pre-watch all of these
clips that we put into the outline prior to so i could have something sort of prepared to say but
i intentionally didn't watch this clip because of of what we were talking about just how bizarre it
was and i wanted to like really feel in the moment just to it. And that's one of the strangest freaking clips I've ever seen.
In a moment where people are supposed to be cheerful, you might hear some background noise,
folks, if you're listening, of people cheering.
But when you're watching the video, you actually can't pinpoint anyone who remotely looks excited
or aware of the moment that it's the new year is upon us or actually looking forward to the fact that we're getting later and later into the, I guess, you know, from 2023 to 2024.
It's weird.
Donald Trump looks upset.
He looks angry and he looks isolated and alone in that in that video.
Ben, what did you make of it?
No, Melania.
You've got Waltie Nauta, his co-defendant. There's Waltie Nauta right there.
The lady standing in front of him is not Melania, for those wondering.
And Waltie Nauta is the co-defendant in the Federal Espionage Act case in the Southern
District of Florida, who was the one, it's alleged, that was moving these documents around
and even hiding it from some of Donald Trump's own
lawyers. And Nauta does not leave Donald Trump's sight. He is the body man getting a perpetual
whiff of Donald Trump's corruption and unlawfulness and misery and much more.
Here's the clip of Vanilla Ice though. I can't not show you this one. Let's play this clip
of Ice Ice Baby. All right, stop.
All right, stop.
All right, stop.
Stop it, Jordy.
I mean, look, here's the thing heading into 2024 also, though.
And as we're in 2024 now, you look at that and you go, please, America, can we just
be normal? Let's strive for democracy and normalcy. And please do not normalize what it is that we are
watching there at all. And it also goes to just how cheap Donald Trump is. You probably couldn't
get a cheaper act than to bring Vanilla Ice to Mar-a-Lago to perform there. So bizarre, Jay.
You think it was probably one of his first choices was probably, he's like, you know what,
we got to book Vanilla Ice. That's who we need in this moment right now.
And if you're watching the videos, man, I mean, like other than people holding up their
phones, it is the most depressing scene for a New Year's party.
Like, I just want to reinstate that for the audio is it's depressing.
The vibe is awkward.
You have Trump with his chin up, just not even really nodding
his head, but just like, I'm like internally thinking to myself, I stink and I'm screwed.
Got this photo from the Christmas party. Remember this photo of, uh, it was Trump and, and, and a
bunch of the other family members here. Um, and in this photo too, photo too, you have Melania's dad is in the
Christmas photo. But there it is right there. We just pulled it up. So Melania is not there
in Christmas, but her dad was there at Christmas. She was nowhere to be seen. Once again, nowhere to be seen at this New Year's event.
Donald Trump tried to claim that Melania's mom was not feeling well, but it all sounds
like a bunch of kind of Trump BS to me.
And so as soon as that-
Because her dad was there, to your point.
Her dad was in that photo.
So what an odd excuse, right?
Well, yeah.
I mean, the dad was in that photo. So what an odd excuse, right? Well, yeah. I mean, the dad was in the Christmas photo.
So the dad was there a few days ago.
So to say that Melania's mother was not feeling well, and that's why York Post right after Christmas or right around Christmas put out a story saying that Melania is going to a source close to Donald Trump says Melania will be making public appearances from here on out.
And it's going to be a major priority of hers, which is just the biggest tell because everything they say is a lie.
Just take a look, Jay, at some of these posts that Trump was making.
And again, as President Biden says, look, don't compare me to the almighty.
Compare me to the alternative.
Or I guess as my mantra in 2024 is going to be, it's like, can we please just be normal?
Can we please just move on from this MAGA mush?
Like, I genuinely want to have real conversations with people who are actually
conservative on ideas and issues, but this MAGA mush is just some... It's whiny and it's weak,
just the whiniest. And it's dangerous and it's fascist, but just the whininess. They just go around the
country whining. And then when they lose, they brag about losing and we lost because the judge
was mean to us. And it's just like, they're just all losers. Anyway, take a look at this post by
Donald Trump, where he goes, this is page one. So you know, it's going to be fascinating. Page one,
the failing New York Times, it says. And so he quotes,
I guess, a New York Times story about prosecutors referring to special counsel Jack Smith.
Prosecutors ask appeals court to reject Donald Trump's immunity claims. The filing by special
counsel, and Trump adds the word deranged, Jack Smith, was the latest in a fight over,
and then Trump puts this in capitals,
whether former presidents can be held criminally liable for their actions in office.
And then Trump goes, first of all, I did nothing wrong. And while it should not even matter,
I was not campaigning. The 2020 election was long over. What I was doing is bringing to light the fact that the election
was without question rigged and stolen. As president and commander in chief, it was my
duty to do so. If I did not do this, I would have been in violation of my oath of office. Just pause right there, right there for a second, Jordy. Okay. It is 2024.
He is whining in an election that he lost by over 7 million votes that he got wiped out.
It was a wipe out in the electoral college as well. Definitely a wipeout when it comes to the
popular vote. And you can, well, it wasn't so much a wipeout because it was, you know,
the margins were close in certain states. You know, it was 11,000 plus votes in Georgia,
in Michigan, it was 140,000, 50,000 votes. But when you look at the final tally of the electoral college from a historical perspective, it was a wipeout.
We're not talking about Gore v. George W. Bush, where it came down to one state with hanging chads and 400 votes. We're talking about you lost by 7 million votes in the popular vote and got wiped
out in the electoral college. And four years later, you're spending the first day of the New
Year's whining. Number two, that is not the role of the commander in chief in the United States of America. Perhaps in authoritarian regimes,
that is something that a dictator does and interferes with election. In the United States
of America, there is no role, zero zip zilch for the president in the election process, none. There is some small role for Congress,
but it is a state rights issue. It is a 10th Amendment issue where the issue of elections
is reserved for the states. And by the way, if you've been following the Midas Touch Network and Legal AF.
One of the circuit courts that has a right wing reputation, the 11th Circuit Court of Appeals and their recent one to punch to Trump's former chief of staff, Mark Meadows, who tried
to assert federal officer removal out of the Georgia criminal Rico state case.
And Jeff Clark, who tried to do the same, the right-wing
conservative 11th Circuit Court of Appeals said, this is not the role of the executive.
This is the role of states.
States monitor, oversee the integrity of their elections and their election process.
So there's no role for Donald Trump in this at all. By the way,
that is something that special counsel Jack Smith cited in his answering brief that was filed with
the DC Circuit Court of Appeals. But just as you're reading this, January 1, 2024,
we have to have a whiny crybaby in Donald Trump. Tear our nation apart because he is a whiny crybaby in Donald Trump tear our nation apart because he is a whiny crybaby and the
Republican Party has become a bunch of pathetic, whiny, Trumpy magalusers, right? That's the state
of our country heading into 2024. And I would like the Republican Party to put on your big boy, big girl, big person
pants and act like adults like you did before. And not to say that the Republican Party before
Trump, I mean, look, we could have historical roots going back to how the Republican Party
reacted to Nixon and learned all of the wrong lessons from Nixon.
We can talk about Reagan.
Absolutely.
But let's be very clear.
This bunch right now, pick yourself up by you.
I was going to say that.
That's the crew, right, Ben?
The pull yourself up by your bootstraps crew, man.
They just can't get it together.
And I was having this conversation
last night and I love what you said at the opening and the theme of this episode, which is like,
let's just get some normalcy here. I was speaking to a new buddy of mine out here who is a true
independent voter. And for him, like what he cares about most in this moment is just normalcy.
And he sees the ongoing posts and what's going on
from Donald Trump. And he's like, yeah, that stuff is weird, man. That dictator comment,
the dictator for a day, that creeps me out. So coming from somebody here, Pennsylvania,
the great Commonwealth of Pennsylvania, another independent voter we spoke about last week,
said that they couldn't see themselves voting for Donald Trump in 24.
He's rubbing people the wrong way every single day as he continues to pull down the Republican
party in masses because they refuse to just pull them, pull themselves up by their bootstraps
and distance themselves from this lunatic. Take a look. It goes on page one, page two, page three. I'm not even going to go through
all this because it's just a bunch of whiny nonsense. He goes, we cannot let our elections
ever be corrupted again. Many Democrats challenged 2016 and nothing was done to them.
Hillary Clinton conceded the next day, you idiot. Hillary Clinton conceded the next day, you idiot. That's
what happened. They spied on my campaign. Russia, Russia, Russia, Russia. That's what he goes.
Russia, Russia, Russia. Russia hoax, abused F, it is 2024. Let's just say what it is
and say, this is nonsense. And we got to keep the momentum that we have in the pro-democracy
heading into 2024. I don't want this to be even close. I don't want it to be even close. I want all of us every single day to call out this whiny nonsense loser,
MAGA mush crap for what it is.
And then here's page three of this.
Again, this is like some senile stuff.
Again, if you had friends, family members, co-workers or someone write like this to you and say things like this to you and use this type of grammar and caps and no spaces and rant and rave, you would have very,
very, I could go deeper, but I'll just say you'd have very serious concerns. Someone who acted
like this would not be able to have, you know, this watching and listening to this could not hold a position in the company or organization that you work, right? If anybody acted like this
in any entity, small business, medium-sized business, big corporation, nonprofit, club,
a club, a fun organization where you hang out, a hobby, your fantasy football team. If someone in your fantasy
football team behaved this way and started messaging you like this, you would not let
them be on your fantasy football team. You would say, whoa, yo, yo, we're not going to,
we're not going to invite Donnie back. Yeah. Yeah. He stinks. Number one. And number two,
what's with these messages. So if you wouldn't even let someone like this be on your fantasy football team, yet alone, the small business, medium-sized, large corporation, nonprofit, you're going to give this person the nuclear codes? I i mean woof and that and that's the level of statesmanship that
we just look like we do we want a level of normalcy in our president our commander of
chief here just to just to at the bare minimum don't act like that guy like just don't be don't
don't be that guy because you're not going to get invited back to the fancy football league
in ben's metaphor absolutely not it's just. Look, I want to talk about special counsel Jack Smith's answering brief because that triggered
Donald Trump to now, I guess, claim that he wanted to invoke the Insurrection Act,
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And let's just compare, by the way.
Just take a look visually at Donald Trump's messages. Just pull them up one more time, just so we see how frantic it is. Boom, boom, boom,
page one, page two, page three. And let's just compare that again to President Biden's message.
Folks, happy new year. Happy new year. Hey, happy new year. Nice fireworks. One year of cranes going
up and shovels hitting the ground in American communities.
Right.
Like it's a sentence.
I like my presidents who speak in sentences like that's that's one of the floors I'm going to have.
One of my New Year's resolutions in 2024 is a president who writes in sentences.
That's like a good one.
Only got a more president who writes in full sentences.
Full sentences.
But take a look
at this in a more serious note. As Donald Trump was whining about this and whining about that,
here's what President Biden posted. One more great year in the books. Here's what President
Biden listed as his accomplishments. And notably, it's not talking about bathrooms, Mr. Potato Head genitals.
It's not talking about punching down or harming marginalized communities, right? It's not talking
about mocking the trans community that MAGA loves to do or mocking the LGBTQ plus community, right?
It's not using the words woke, like, wait a minute. These are things
that actually President Biden did for the American people. And just take a look though,
because as we head into 2024, as we're in 2024, there is momentum and do not let the legacy media
narratives try to take away our momentum, the momentum of the pro-democracy
movement. Here's what President Biden lists as his accomplishments in just 2023. And by the way,
all of this happened when you had a MAGA Republican leadership in the House of Representatives who
tried to block President Biden from doing everything.
So this is what Biden managed to accomplish, despite the fact that you had Republicans in
the House of Representatives just go, Hunter Biden, Hunter Biden, Hunter Biden, Hunter Biden,
whose salary am I going to reduce to $1? Hunter Biden, Hunter Biden. Wait a minute,
Hunter Biden wants to testify? We don't want him to testify anymore. We want a secret deposition.
Hunter Biden, Hunter Biden, no public testimony, secret depositions. I mean,
they're a bunch of morons. And again, let's not mince our words in 2024 calling this bag of
losers. And you could be all, Ben, your name calling, your name calling. Yeah. So what?
We're going to punch back in 2024. And when they act like losers, when they act whiny,
I'm going to call them out, but I'm also going to have an intelligent discussion about it as well.
When you say that your goal in life as the MAGA Republican party is to have Hunter Biden show up
for a testimony before the world, so you can prove whatever freaking point you want to
prove about his nudes or whatever makes you jolly MAGA
Republicans. And then Hunter Biden says, okay, I just don't want to do it in secret because y'all
have been like manipulating my text messages and like, and like not showing the accurate one.
So let's just do it in front of the whole world. No limitations, however long you want to do it.
My only condition it's just done publicly so
everybody can see you ask it live what do MAGA Republicans go no no no no we don't want that
secret depo secret depositions are better all right well then you're a bunch of losers at that
point and that's why you get that title and then you're whining about it we have those the James
Comer go well I just wanted a two hour it's like okay dude just be quiet James Comer go, well, I just wanted a two hour. It's like, okay, dude, just be quiet,
James Comer. Okay. One more great year in the books. Here it is right here. 2023 accomplishments
by president Biden tackled inflation and lowered costs, allowed Medicare to negotiate lower drug
prices, capped insulin at $35 for seniors, and helped millions save on health insurance,
cracked down on junk fees and event tickets, banking, healthcare, and apartments,
saving Americans billions, helped over 22 million households save on the internet.
You probably, watching this or listening, benefited from something right there.
Next up, tackled the climate crisis, created 210,000 new
clean energy jobs in just over a year, protected millions of acres of lands and waters, signed an
executive order to advance environmental justice, launched the American climate, and finalized a
rule to cut methane pollution. And right here, by the way, Biden's not going to brag about this
because he probably thinks it's not politically helpful for him to do this, but I'll brag for him.
You know how MAGA Republicans go, drill, baby, drill, drill, baby, drill. It's all about the
drilling. Why do you want Trump? The drilling, baby. It's the drill, baby, drill. Okay. Well,
you do realize that there is more domestic drilling now under President Biden
than under Donald Trump by significant amounts. And President Biden manages to also tackle the
climate crisis while drilling more than Donald Trump. So even though Biden doesn't list that one,
I will list that one for him. Here's the next one. Invested in America and created good jobs,
announced 33,000 infrastructure projects across America, invested in roads and bridges,
improved airports, high-speed internet, clean water, and reliable transit and rail,
sustained an economic recovery that created over 2.5 million jobs, including nearly 200,000 construction jobs. And again,
here, President Biden doesn't list another metric because, again, he doesn't tie the success of
America's economy with the stock market success. But the legacy media and Donald Trump and
everybody did when Trump was in office and everybody covered when Donald Trump said,
when President Biden's in office, the stock market's going to crash. Well, the same way
there's way more domestic drilling right now than under Trump, the stock market is setting record
highs right now and is far higher than anywhere when Donald Trump was in office. So I want to say
that. And you have America's GDP growth, the fastest of all
G7 nations, America's economy growing faster than China, America's inflation, the lowest of all
G7 nations. And in terms of an economic miracle taking place in 2023, with the same BS red wave
style narratives of doom and gloom. We were heading into a recession.
It's all over. Biden is the worst. That was the 2023 narrative that didn't happen. So media,
are you going to cover now what's happening? That there was an economic miracle and things
were turned around. You know what, Jordy, Frankly, 2024, legacy media, it doesn't matter.
You're making yourself irrelevant. And that's why Midas Touch and independent media that is doing
this type of work is soaring because y'all just aren't covering the data. And what do we talk
about here? It's just cover the data versus media, your arbitrary narrative feelings in order to try to create a horse race between a freaking insurrectionist traitor and a able, compassionate, intelligent statesman in president Biden, Jake? Each day that legacy media chooses a narrative over data,
the Midas Touch Network and the pro-democracy coalition continues to grow. So legacy media,
you could do what you're going to do. At this point, we know who you are, right? We know your
agenda and what you're trying to do. We here at the Midas Touch Network, we're going to give you
the facts, we're going to give you the data, and then you can inform your own opinion based off of that. But what we're not going to do here,
especially in 24, and what I don't think we've ever done here at the MySTUCH Network,
we're not going to gaslight you with these false narratives. We're going to show you the data
and let you make informed decisions on your own. Keep going through this list,
protected access to reproductive health care, took action to protect access to emergency medical care,
abortion and contraception, strengthen privacy protections for patients and doctors,
defended in court women's ability to access medication abortion, right? As MAGA Republicans
across the country are trying to and already have taken away women's reproductive freedoms. President Biden is fighting to make sure women
can control their own bodies in 2024. President Biden goes on to say, made America safer from
gun violence, created the first ever White House Office of Gun Violence Protection in American
history, funded an additional 14,000 school-based mental health professionals. Announced new executive actions to keep guns out of dangerous hands and dangerous weapons off our streets.
Made higher education more affordable.
Brought the total student debt cancellation to $132 billion for 3.6 million Americans through various actions.
Launched the most affordable repayment plan ever,
the SAVE plan, helped over 700,000 people access public service loan forgiveness,
invested $7 billion in HBCUs. And President Biden doesn't say this here because he's humble.
This as it was the MAGA Republicans and Federalist Society members across the country who tried
to stop student loan debt relief from ever occurring, challenging it in every which way,
getting the initial plan by Biden for targeted loan forgiveness, targeted loan forgiveness
for people under a certain economic wealth amount.
When Republicans block that from happening, Biden still managed to do what I just said.
It goes on to say, strengthen democracy at home and abroad, that President Biden stood up for
our allies and partners in Israel, Ukraine, and across the globe, and strengthened our alliances
around the world, spoke out against discrimination, racism, anti-LGBTQI plus hate, pushed for stronger
voting rights, and then confirmed 166 life tenured federal judges and a record breaking
number of black, Hispanic, and AANHPI judges as well. And think about those accomplishments too.
Those accomplishments to me benefit the American people. It wasn't, oh, I did a tax cut for
billionaires and decamillionaires so that you can completely write off your yacht and your private jet purchase.
That's how I'm helping you, right?
This isn't, I stopped the woke agenda.
I did something about bathrooms and green M&Ms, or I went after Disney and private corporations
because they want to have diverse workforces.
No, I mean, these are want to have diverse workforces. No,
I mean, these are things that have benefited the American people. And I would venture to say,
in some way, every single American's life has been made better by one of the things that I've
just read on this list in some form or fashion. They didn't have their
rights pulled away. I know that Fox and all the right-wing media wants to have this fear and doom
and gloom. Look, from their perspective, when you have a president like Biden as effective as this, all you have if you're Fox and you want to hoist up an authoritarianist,
just create some fake world that doesn't exist. And just say it so many times that your viewers
feel like crap. Because if you just keep speaking to people who watch you and tell them that they're
crap and that their world sucks and that America's bad.
And you repeat it over and over and over again to people who think they're watching the news,
but they're watching some weirdo, fascist, authoritarian propaganda from the Murdochs
who came here from Australia to just screw with our freaking country. That's the way propaganda works right there, Jordy. And look, 2024,
we're coming out with a bang here on Midas Touch. We're coming out here and we're going to call
out all of this crap. And we want all of the Midas Mighty who watch this to make sure you're
sharing the data, you're sharing these videos. We are going to overpower
this fascist echo chamber, this legacy media, both sides-ism with the facts, with the data,
with unapologetically pro-democracy messaging. And we will not apologize for the fact that we know that this country is so much better than what
Fox and MAGA are trying to do by bringing their Loserville across the entire United States of
America. Should we talk, Jordy, about Jack Smith's answering brief right now?
Please, because I really want your breakdown
of the answering brief. So the way this works, and just so everybody knows when an appeal is
filed, there's the opening brief, answering brief, reply, oral argument. The DC Circuit
Court of Appeal granted Jack Smith's request for expedited briefing. So Trump's opening brief was due
December 23rd. Jack's answering brief was due December 30th. Trump's reply brief is January 2nd.
Oral argument is January 9th. One of the reasons that I said this before, why the Supreme Court
denied Saoirse O'Reilly when special counsel Jack Smith requested the direct appeal,
even though the Supreme Court's order was just one sentence denying certiorari.
What my speculation was, but I think it was informed again by the data,
is the D.C. Circuit Court of Appeals moved so quickly that we're going to have an answer
to Donald Trump's appeal on the issue of absolute presidential immunity, probably by mid-January.
And then I think the Supreme Court said, look, there's a holiday weekend anyway.
Let's see what the D.C. Circuit Court of Appeals does. We'll probably get a ruling by
January 15th or January 20th. And then we'll see if it's an issue that we even want to hear
in the first place. That's when what the Supreme Court does is going to be pivotal to Donald Trump having a trial in
2024. But look, Donald Trump was arguing for king-like absolute presidential immunity.
What Trump's basically saying is that everything alleged in special counsel Jack Smith's
prosecution, everything in the indictment that was unsealed in early August in the Washington, D.C. federal criminal case,
everything alleged against him, Trump claims constitute official acts of the presidency.
Trump says, except as true, everything that's alleged by special counsel Jack Smith against me, those are things that I'm supposed to do as the president. Think about how dangerous that is when he was the
president. And as a former president, I can invoke that. That's Donald Trump's frivolous argument.
And special counsel Jack Smith basically says, well, that approach by Donald Trump would grant
immunity from criminal prosecution to a president who accepts a bribe in exchange for
directing a lucrative government contract to the payer, a president who instructs the FBI director
to plant incriminating evidence on a political enemy, a president who orders the National Guard
to murder his most prominent critics, or a president who sells nuclear secrets to a foreign
adversary. Because in each of these scenarios, the president could assert that he was simply
executing the laws, or communicating with the Department of Justice, or discharging his powers
as commander-in-chief, or engaging in foreign diplomacy. And by the way, I don't think those examples that special
counsel Jack Smith gave there were provided just because. Everything special counsel Jack Smith
does is specific and deliberate. And I think he is citing things that are actually part of an
ongoing investigation or things clearly within the realm of what Donald Trump is capable
of doing and what Donald Trump wants to do, what Trump's intent is to why he stole the nuclear
records after he left, why he stole the classified information, why he held the willful retention of
national defense information, why he did what he did on January 6th, how he wants to operate the FBI, how he wants to operate the DOJ.
That's why special counsel Jack Smith is making these examples here, and not just for this
case, but for the future, that if Trump ever tries to claim power or anybody in the future claims things
like this, in no uncertain terms, Jack Smith is saying that Donald Trump is asking to be a
dictator. DC Circuit Court of Appeals, we can boil what Trump is asking you to do as saying,
please allow me, rubber stamp me to be a dictator. And then eventually when this goes
before the Supreme Court, Supreme Court, rubber stamp me as the dictator. Here's what Jack Smith also put in one of the most powerful
opening lines I thought of any brief I've ever read, period. So what Jack Smith writes in the
introduction to his answering brief, for the first time in our nation's history, a grand jury has
charged a former president with committing crimes while in office to overturn an election that he lost.
In response, the defendant claims that to protect the institution of the presidency, he must be cloaked with absolute immunity from criminal prosecution unless the House impeached and the Senate convicted him for the same conduct. He is wrong.
Separation of power principles, constitutional text, history, and precedent
all make clear that a former president may be prosecuted
for criminal acts he committed while in office,
including, most critically here, illegal acts to remain in power
despite losing an election. When I read that from the outset,
Jordy, I got chills because the monumental impact of this case is at the very core of our survival
as a democracy. And Jack Smith is putting that front and center. What was your reaction,
Jordy, as not a lawyer like me who studies this type of stuff, but as an American who cares about
democracy, your opinion here is equally as important as my legal dissection.
I was just happy to see it laid out so clearly
and for lack of a better term, in layman's terms,
about what exactly is going on here.
I think it explains in depth what Jack Smith is looking at.
I think it explains very clearly and articulately
to the American people exactly where Trump is wrong.
He even says it in that introduction, he is wrong.
I thought that was a very powerful statement by him to just come out and say that.
And just to see what precedent now this can set to just try and protect the most sacred
thing, our Constitution, Ben, and our democracy at the heart of it.
And so I'm just happy Jack Smith came out swinging there.
And it was powerful.
And I loved your breakdown when we had our chat.
And what you just explained was exactly what we had talked about.
So yeah.
You know, there's another argument that Jack Smith didn't put in his answering brief.
Because I think Jack Smith wanted to go directly to the core issue, not make this about technicalities,
but just say,
we want you to rule immediately that Trump does not have immunity. We don't want to even bring this issue back. Make the ruling now, DC Circuit Court of Appeals. And that's why Jack Smith didn't
make this jurisdictional argument that I want to talk about. This group called American Oversight,
this nonprofit represented by one of the most renowned law firms
in America, a firm called Arnold and Porter, filed this brief basically saying that based on a
Supreme Court case from 1989 called Midland Asphalt, written by a right-wing, now deceased
jurist by the name of Justice Scalia, that there is no jurisdiction for the D.C. Circuit
Court of Appeals to even hear this right now, so that the D.C. Circuit Court of Appeals
should send this back immediately for a trial before the district court.
That's what's called the posture with which this brief was submitted to the D.C. Circuit
Court of Appeals by this outside group called American Oversight.
It's called an amicus brief, which means a friend of the court brief where third
parties in high profile cases can submit these arguments. It doesn't mean that the DC Circuit
has to listen to it. You watching or listening, you could submit amicus briefs to courts,
and then it's up to the court to accept it. But it's merely could be persuasive on courts if they find the argument interesting.
But I found it interesting.
So I want to talk more about that.
And then I want to talk finally about what Trump's arguing about the Insurrection Act
that he claims he wanted to invoke, but Twitter stopped him from invoking it.
And why it is that Donald Trump is just creating what's more what's called 404B evidence against him.
All this stuff is admissible, not to prove his character and propensity to engage in certain
behavior, but to show his state of mind, his intent, his common plan and scheme, his notice.
And this is the type of stuff that will go before the DC jury. And also, again, it should, regardless of your political party
affiliation, I mean, the fact that Donald Trump is saying that there was no insurrection, but now
he's saying he wants to invoke the insurrection, the Insurrection Act, like some, just some basic
stuff, or like when Donald Trump's lawyer, Alina Hobbes says, we want the Supreme Court to rule on
the issue of absolute presidential immunity. But then when they file with the Supreme Court, we don't want you to hear the
issue of absolute presidential immunity, right? It's just like such whiny losers.
Anyway, we'll talk about that in more. Let's take our last quick break of the day.
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use the codes, helps us, helps you guys. So this argument by this outside group called
American Oversight, again, represented by a top law firm in America called Arnold and Porter.
They're basically arguing that what Donald Trump has done in order to appeal the district court's denial of Trump's
motion to dismiss the indictment on the grounds of absolute presidential immunity is what's called an
interlocutory appeal of a collateral order. Just to break it down one more step. Jack Smith goes before a grand jury. The grand jury in DC
votes to indict. The indictment gets unsealed in August. There's now a criminal indictment
against Donald Trump. Donald Trump waits many, many months, files a motion to dismiss
that indictment that the grand jury voted to indict Donald Trump on. And Donald Trump says,
even if you accept as true all of these allegations, I'm entitled to absolute presidential
immunity. The district court judge, Tanya Chutkin says, what are you talking about? No,
former presidents don't have absolute presidential immunity. Then Trump seeks to appeal that right away to the DC Circuit Court of Appeals.
Normally, you have to wait until there's a final judgment. In a criminal case, that would be
a conviction. Then you could appeal the conviction by saying, look at all of these
mistakes that were made throughout the case itself, and then you appeal
the final judgment, but you would say, well, the judge should have granted a motion to dismiss
when I brought up the issue of absolute presidential immunity. But you make that at the
end of the case, once there's a conviction. An interlocutory appeal is in a rare instance where
there's what's called a collateral order, a special type of order that's these very unique circumstances where if the court, if you don't get the right relief, it could basically have you go through this entire trial where getting the relief could dispose of this entire case early on. So it's very rare
examples that satisfy what constitutes a collateral order that you can take on an
interlocutory appeal. And in some, what American oversight with this organization argued is that
Justice Scalia, who's now deceased, but was a strict textualist, a so-called or self-proclaimed strict textualist, conservative judge in this 1989 decision called Midland Asphalt said that in these criminal cases,
you could only take interlocutory appeals on things that could be deemed collateral orders
if there is some strict textualist understanding that you're entitled to that relief. So does the
Constitution say the words absolute presidential immunity, or is there some statute that says
absolute presidential immunity, you get an interlocutory appeal, and absent a law statute
that says it, absent it saying absolute presidential immunity in the
Constitution, there should not be this right to an immediate appeal. In other words, Trump should
have to wait until after there's a conviction for the appeal to first take place. Donald Trump
claims that this concept of absolute presidential immunity in criminal cases is rooted in the impeachment judgment clause.
But as American Oversight points out, it says nothing about absolute presidential immunity.
And Donald Trump has some contorted adverse inference that you're supposed to take from this impeachment judgment clause.
That makes no sense at all. But those
words don't appear from a strict textualist perspective. So DC Circuit, just reject that.
Say that you don't even have the right to hear it. Send it back for trial immediately.
I thought that was a very interesting argument. And from a strict textualist approach, it seems
to make a ton of sense. Why didn't Jack Smith make that argument?
I don't think Jack Smith wants to do this on jurisdiction. I think Jack Smith wants to do it
now. I think Jack Smith feels confident that the DC Circuit Court of Appeals is going to
move swiftly on the issue of absolute presidential immunity and deny Donald Trump's appeal.
I think Jack Smith's also confident that Trump's conception here is so dangerousous that Trump is going to lose
before the Supreme Court. That's why Jack Smith didn't make that jurisdictional argument. And
there's a lot of reporting too that Donald Trump is very worried about the Supreme Court, not just
in the context here on the absolute presidential immunity appeal, but also on the issue of
disqualification. You have the Supreme Court, which has talked about
states' rights. And if you look at the disqualification decisions reached by the
Secretary of State of Maine, by the Colorado Supreme Court, those are states applying the
plain language, strict textualist states applying strict text of the 14th Amendment Section 3. And then you got people like the great Judge Luddig, former
most prominent conservative judge out there since retired, and he was a feeder for all of these
right-wing judges who clerked for the right-wing Supreme Court justices now because that's what
the conservative position here is.
14th Amendment Section 3 disqualification applies to Donald Trump.
And a strict textualist interpretation of the Constitution would say that Donald Trump is not entitled to absolute presidential immunity. So under any conception, I think Trump realizes that his MAGA arguments are just authoritarian.
They bear no resemblance to our Constitution and our democracy. I think Trump realizes that his MAGA arguments are just authoritarian. They're,
they bear no resemblance to our constitution and our democracy,
and he's going to lose before the Supreme court there.
So,
so Trump's out there posting this,
there's this right wing,
far right wing account called DC Drano.
DC Drano,
for those who don't know that that's like a cat turd.
Like this is like a true MAGA influencer.
This is who the MAGAs look to for thoughts, advice, news, and updates.
So here's what Drano wrote.
Drano wrote, when Twitter deleted Trump's public request for people to go home on January 6th,
only five minutes after he posted it, it seemed very strange.
Wouldn't they, I guess referring to Twitter, wouldn't they want peace? Were they trying to
frame him for their narrative? But what if something else was at play? What if they were
trying to limit his ability to activate the Insurrection Act? And then he goes on to make this ridiculous post about how under the Insurrection Act,
he believed that it requires you to first make a claim to disperse.
And then if you don't disperse, then only then can you invoke the Insurrection Act.
And according to DC Drano, Trump wasn't able to tell the insurrectionists
to disperse and that that's why it happened this way. And this is DC Drano. He goes,
the first prerequisite for evoking the IA is to first call for disorderly citizens to go home.
And what did he say in his video? He called for people to go home. Was Twitter trying to thwart
Trump's attempt to comply with these requirements? so who was orchestrating this and trump repost
that that crazy it's like crazy stuff like that's like the rant that's pure rantings and ravings of
a lunatic first off there is no prerequisite to the insurrection act that you have to
tell people to go home on twitter or like tell people to go home.
You must first announce it on Twitter. You must first.
But even just this idea,
dispel crowd and spot disperse.
Like,
okay,
that's not part of the insurrection act in general,
even outside of any concept by Twitter.
But here's the thing.
This was actually what the testimony was by the Oath Keepers,
by Stuart Rhodes. So Stuart Rhodes, the leader of the Oath Keepers, who was convicted
for seditious conspiracy, his whole thing was he was waiting for Donald Trump to invoke the
Insurrection Act. They had all their weapons ready to go. And the moment Trump was
going to invoke the Insurrection Act, because remember what was trying to happen. Trump was
trying to create a situation where he would get counter protesters, then say it was Antifa,
then call in the military. But fortunately, none of the counter protesters showed. So it was all
just MAGA lunatics and insurrectionists and terrorists who were there on January 6th.
So that kind of foiled the whole, you know, their whole plan.
So the Insurrection Act was never invoked at all.
But the plan was to invoke it so that, you know, look at the testimony.
This was the text messages being sent by Stuart Rhodes on January 6th.
Either Trump gets off his ass and uses the Insurrection Act to defeat the Chai Com puppet coup.
You were saying because under MAGA Republicans view, this was a Chinese communist puppet coup.
Or we will have to rise up in insurrection rebellion against the
Chai Kham puppet Biden, take your pick. So they were waiting for him to do the insurrection act
thing. So now Trump has aligned himself with seditious conspiracy. So Jack Smith, maybe add
that one in a future indictment because Donald Trump, although Jack Smith, I think is looking
just for a narrower path to
get to trial. But nonetheless, Trump is now admitting it was an insurrection, which it was
because you need the Insurrection Act. There needs to be an insurrection. And then aligning himself
with what the Proud Boys said they were waiting for as the oath keepers in their seditious
conspiracy defense. But look, as we round it out, as we head
into 2024, I think Jocelyn Benson, the Secretary of State of Michigan says it best. As we enter 2024,
we must be united in the fight to defend democracy and hold extremism accountable. It's not a
partisan fight. It's not even about one person. It's about all of us working together to protect the foundation
of who we are as a nation. I'm all in, are you? So I take what Secretary of State Benson says
there, and I also just compare it to where we started this episode, like what was going on
at Mar-a-Lago, where you have no Melania there, and you have Donald Trump looking miserable, hanging out with this guy right here, who was the guy.
I did some research on who this person was who Donald Trump is taking photographs with.
And I think we have a photo of him standing next to the guy.
Yeah, there he is right there. And so this guy
who Trump was spending New Year's with, he was the one who in 1998 threw a party at the Kit Kat
Club and he ran a modeling agency, this guy, Paolo Zampali or something. Let me get the guy's name. Paolo Zampali. He ran a modeling agency and Melania was one of his models. And he threw a party for wealthy men at the Kit Kat Club in 1998. And that's where Donald Trump was introduced to Melania in 1998. And now this guy, Paolo Zampalli,
is partying with Trump there.
You've got Donald Trump partying it up too.
No Melania there,
but with the man who created the modeling agency
who introduced Melania to Trump at a party in 1998.
And here is Trump with his lawyer, Alina Haba, at the event in Mar-a-Lago.
That's what Trump's lawyer, Alina Haba, is doing right now.
So, folks, can we not be weird in 2024?
Can we support our democracy in 2024?
Can we fight for normalcy in 2024?
Can we reject this MAGA nonsense, wannabe fascist mush?
Can we just support our democracy, band together?
Can we be welcoming to people who want to leave this MAGA corrosive mush movement and
join the pro-democracy movement?
Can we put aside right now some of the differences
that we may have on policy with people just because they may be quote unquote conservative
or liberal or independent? Can we just please come together, defeat this MAGA mush, and then
after 2024, we could have our debates about policy and implementing things, and we could
have some nuanced, intelligent conversations. But 2024, it is existential, but it is time to roll
up our sleeves and meet the challenge. I am confident we will meet this challenge. Jordy,
give you the final word.
I love it, Ben. I love you, big bro. And I love the Midas Mighty. Let's all get out there. Let's
do this. Let's freaking do this, y'all. Before you give the final word, I want to remind-
I was about to do it.
I saw you were about to do it. But as we head into 2024, I do want to remind everybody
about our Patreon. We're not going to do an after show today because it's New Year's Day,
and we want to respect all of your time as well.
So no after show today, but we have lots of after show content on that Patreon.
So if you go to P-A-T-R-E-O-N, patreon.com slash Midas Touch.
Just make sure you spell Midas Touch correctly.
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As we head into 2024 right now, we've said it before,
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So the way we build this network is through those pro-democracy
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plans for expansion. So if you are able to help financially there at Patreon.com slash Midas
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But if you can, it goes a long way and we're rolling up our sleeves right now in 2024. Once
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