The MeidasTouch Podcast - Trump is SCREWED by his Lawyers, Judge ORDERS he PUT UP or SHUT UP

Episode Date: November 8, 2023

MeidasTouch host Ben Meiselas reports on federal judge Tanya Chutkan’s latest order requiring Donald Trump to disclose if he will be relying on an advice of counsel defense.   Get a free thirty-day supply of SuperBeets Heart Chews and free full-sized bag of tumeric chews valued at $25 by going to https://meidasbeets.com Visit https://meidastouch.com for more! 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. BetMGM operates pursuant to an operating agreement with iGaming Ontario. I'm Ben Micellis from the Midas Touch Network. A big ruling by federal judge Tanya Chutkin in the Washington, D.C. federal prosecution of Donald Trump by special counsel Jack Smith. Trial is currently scheduled for March 4, 2024, and Judge Tanya Chutkan just ordered that by January 15, 2024, Donald Trump is obligated to disclose whether he will be invoking an advice of counsel, legal defense to the criminal charges against him and on that date, January 15th, 2024, if he indeed intends on invoking an advice of counsel defense, Donald Trump will now be obligated under this order to make available all of his relevant

communications with his attorneys because an advice of counsel defense has a waiver of attorney client privilege attached to it. By invoking advice of counsel and saying that you relied on the advice you were given and that's why you committed crimes and therefore you don't have the requisite intent, if that's what you're relying on, that constitutes a waiver of attorney-client privilege. So how did we get here? Well, after the indictment was unsealed, Donald Trump's lawyers, John Lauro and others, did a media tour. And you'll recall that over and over again, they said that Donald Trump is essentially going to blame lawyers like John Eastman and Sidney Powell and Rudy Giuliani and Ken Chesbrough. And specifically people like Eastman, who John Loro, Donald Trump's defense lawyer in this case, as is a renowned constitutional scholar. So Donald Trump was just relying on that advice. So you'll recall from our coverage here on the

Midas Touch Network that we showed all of those media appearances by John Lauro saying that. And so special counsel Jack Smith, recognizing that Donald Trump and his lawyers will always try to play games in this litigation, said to the court, look, there is a process if a defendant is going to invoke advice of counsel as a defense for that disclosure to be made before the time of trial so that the government is not caught off guard and so that the government can get access to the relevant communications with the attorney if Donald Trump's going to be trying to throw attorneys under the bus as part of his defense. And so that the court can even assess if advice of counsel defense can be asserted because as part of an advice of counsel

defense, you have to show as a criminal defendant that you also provided your lawyer with all of the relevant information that you knew and that the lawyer still provided you with this information that you claim was the basis of committing the underlying crimes. And one of the reasons that special counsel Jack Smith also said that an advice of counsel defense won't work here is because the lawyers of Donald Trump, like Ken Chesbrough and others, Jenna Ellis, I could go on and name you a few others, already pled guilty in the Georgia criminal Rico case. So they're criminal co-conspirators who are guilty in that case.

That means that they weren't just providing legitimate legal advice based on the data. So Judge Chutkin got dueling briefs, one from special counsel Jack Smith's team, which brought the motion. And Jack Smith is doing all of these things, thinking three, five, 10, 20 steps ahead, knowing Donald Trump's move. And Jack Smith requested that these disclosures be made on the date that the exhibits will be exchanged and the exhibit lists will be exchanged. That date is December 18th, 2023.

Donald Trump filed a very long and rambling opposition. I think ultimately had to acknowledge that the law for an advice of counsel defense says that you have to make these disclosures at some point in time because it does constitute a waiver of attorney-client privilege. But Donald Trump, as part of his strategy of delay, delay, delay, Donald Trump proposed the date that Judge Chutkin adopted, but with this caveat, Donald Trump proposed that January 15th, 2024 be the date when the disclosure is made whether or not an advice of counsel defense would be invoked. But then Donald Trump said there should then be a briefing schedule set starting on January 15, 2024, to brief the issue of what documents should be turned over and to brief the scope of the advice of counsel defense,

not actually producing the documents. Judge Chutkin rejected that, and Judge Chutkin used Donald Trump's words against him, used Trump's lawyer's words against him and said, look, you all consented to January 15, 2024. So the fact that you consented, that means that you concur that the advice of counsel needs to be disclosed but there are there's no case law and there's no precedent that exists for this elongated schedule that would just serve to try to delay the march 4th 2024 trial date so we'll adopt your january 15 2024 date but on that date all of your attorneyient documents get disclosed if you are invoking an advice of counsel defense.

In other words, Donald Trump's lawyers going on TV, that backfired. We said it was going to backfire when we saw that. We're like, why are the lawyers even saying that? And special counsel Jack Smith was watching those interviews. And as I was saying, these lawyers doing their media tour for their audience of one that they thought, but their audience was also Special Counsel Jack Smith as well. And Special Counsel Jack Smith says, okay, I'm not going to be caught off guard if on day one of trial, the opening statements, you all go, it was the lawyer's fault. It was Eastman's fault, and then we're scrambling to get the records.

Jack Smith goes, no, we're gonna turn them over promptly. December 18th, Donald Trump said, no, let's try to delay this trial. And ultimately Judge Tonya Chutkan said January 15th, 2024. That's the date of the disclosure. Heart health and staying healthy, especially when you have a family that you want to be able to spend as much time with as possible, is so important.

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for cardiovascular health support. It's blood pressure support you can trust. SuperBeats HeartChews supports healthy circulation, so you not only get blood pressure support you can trust. Super Beats Heart Chews supports healthy circulation, so you not only get blood pressure support, you also get productive, heart-healthy energy without the crash. Double your potential with Super Beats Heart Chews. Get a free 30-day supply of Super Beats Heart Chews and a free full-size bag of turmeric chews valued at $25 by going to MidasBeats.com. Get this exclusive offer only at MidasBeats.com, spelled M-E-I-D-A-S-B-E-E-T-S.com. Let's take a look at Judge Chutkin's order so you can see the reasoning and rationale and how my summary and description kind of fits with what this judicial order is. And I think you need that background to kind of understand the order. It says, the government has filed a motion for

formal pretrial notice of defendant's intent to rely on advice of counsel as a defense. The motion asked the court to order that by December 18th, 2023, defendant provide notice in court of his intent to assert an advice of counsel defense at trial. For the reasons set forth below, the court will grant in part and deny in part the motion. The only part that they denied was the December 18th date. The court just moved it a few weeks back to January 15th. The court goes on to say, the advice of counsel defense requires a defendant to introduce evidence that one, The court goes on to say, advice, the advice at issue. By invoking the defense, the defendant waives attorney-client privilege and must therefore disclose to the government all communications or evidence the defendant intends to rely on to establish the defense. And two, any otherwise privileged

communications the defendant does not intend to use at trial, but that are relevant to proving or undermining it. The federal rules of criminal procedure and local criminal rules do not expressly require advance notice of the advice of counsel defense, but because waiting until trial to invoke the defense and comply with the disclosure obligations it triggers could cause disruption and delay, some district courts have concluded that they nonetheless have inherent authority to order defendants to provide advance notice if they intend to assert that as a defense.

Other district courts, however, have concluded that they lack that authority. In this case, the court need not decide whether it has authority to order defendant to provide notice because he, quote, agrees to provide notice to the prosecution of whether he intends to pursue a formal advice of schedule for that disclosure, depending on the scope of the defendant's requested jury instruction on advice of counsel. But defendant cites no precedent for that procedure, and it runs contrary to the standard practice of requiring that disclosure accompany notice, since that notice waives attorney-client privilege. Accordingly, the government's motion for former pretrial notice of defendant's intent to rely on divisive counsel defense is hereby granted in part and denied in part. As he has consented to do, defendant shall provide

formal notice whether he intends to assert an divisive counsel defense by January 15, 2024. If defendant does provide affirmative notice of that intent, he must also provide the required discovery to the government at that time, any communications or evidence the defendant intends to use to establish the defense, and otherwise privileged communication that the defendant does not intend to use at trial, but that are relevant to proving or undermining the advice of counsel defense in their entirety, signed Judge Tanya Chutkin. And I think this was a pretty big screw up here by Donald Trump's lawyers who expressed

a willingness to consent, but tried to utilize it to delay the trial. And now they got the worst of both worlds, which is the judge denied the attempt to delay the trial and then adopted the fact that they said there was consent to say, I don't even have to decide whether or not I have inherent authority. You agree I have inherent authority. You want me to delay the trial though and use this as a way to delay the trial because that's why when I say it was a

mistake or a screw up, it wasn't, it wasn't, right? Because Trump desperately wants to delay this trial. So I think the strategy his lawyers had is let's use this to delay the trial date. And the judge says, nope, I'm keeping the trial and now you've consented, but I'll adopt your January 15th, 2024 date. And I'll give you a few more weeks to make that disclosure than what Jack Smith requested, which is plenty of time for special counsel Jack Smith. So that's why I think it's important to go back, watch some of the other videos we did about those media appearances, because you see how that backfired, how Trump's strategy here backfired. We will keep you posted as we learn more important order as we approach that March 4th, 2024 trial. Hit subscribe. We're on our way to 2 million subscribers here at the Midas Touch

Network, and you can check us out at patreon.com slash Midas Touch and 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.