The MeidasTouch Podcast - Trump OVERPLAYS his Hand with Judge Cannon in New Filing that will BACKFIRE

Episode Date: December 8, 2023

MeidasTouch host Ben Meiselas reports on Donald Trump’s latest filing before Judge Aileen Cannon in the Mar-A-Lago document case where he requests his lawyers be permitted to participate in the CIPA Section 4 proceedings. Meiselas explains why this request will almost certainly backfire. Keep American farming going by signing up at https://MoinkBox.com/MEIDASTOUCH RIGHT NOW and listeners of this show get FREE bacon in your first box 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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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 Mycelis from the Midas Touch Network. Donald Trump just filed a motion in the Southern District of Florida court case, the Mar-a-Lago document case before Judge Eileen Cannon, that I'm very confident is going to backfire in Donald Trump's face. It's going to be the first opportunity Special Counsel Jack Smith, I think, will ultimately get to appeal to the 11th Circuit Court of Appeals. Let me explain. The motion Donald Trump filed is called Donald Trump's motion for access to SEPA Section 4 filings. Donald Trump filed a virtually identical request in the Washington, D.C. case before Judge Tanya

Chutkin. The D.C. case is involving Donald Trump's attempt to overthrow the results of the 2020 election. Judge Chutkin very swiftly rejected Donald Trump's request here. A SEPA Section 4 procedure is where the government, in what's called an ex parte in camera proceeding, meaning without the criminal defendant present, provides information or documents that would otherwise be discoverable in a criminal case to the federal judge. And in this ex parte in camera proceeding where the criminal defendant nor the criminal defendant's lawyers are present, the judge reaches a determination if these records are required to be turned over under the SEPA Section 4 protective order or whether documents can actually be withheld in a SEPA case for the protection of

our national security. SEPA stands for the Classified Information Procedures Act, and it was passed by Congress many decades ago to deal with situations where there are criminal prosecution of criminal defendants, and the documents that otherwise would be turned over in these cases may be such highly classified documents that to even provide these documents to a criminal defendant would jeopardize national security. So as a result, SEPA allows the withholding of documents. If a court reaches the conclusion that certain classes of documents can be withheld in a case, you have to substitute in its place, if you're the Department of Justice, if ultimately a determination is reached that these are the types withhold documents that would otherwise be turned over. And there's a whole analysis about whether the documents should be provided,

whether they're relevant or helpful, and you balance that against the national security risk. So here in Donald Trump's motion, what he's asking is not even to oppose the court's ability to order that certain classified documents be withheld. What Donald Trump is arguing here in this motion before Judge Eileen Cannon, as he did before Judge Tanya Chutkan and got rejected before Federal Judge Chutkan, is that he wants his own lawyers to be involved in the proceedings, the ex parte proceedings before the federal judge. Normally that process in almost all circumstances happens without defense counsel present because if defense counsel was present, it would render the whole purpose of the withholding of the classified documents moot if they got to see it in the ex parte proceeding as well. That's why it's called

ex parte in camera. And basically that means no defense counsel present. Donald Trump wants to upend SEPA section four, totally reconstruct it in an unprecedented manner, like that's never been done before, and allow his lawyers to be there during the SEPA Section 4 determination to be made by Judge Eileen Cannon, whether or not these documents can be withheld and a substitution put in place of the documents or not. Again, in Washington, D.C., this was rejected. What do I think Judge Eileen Cannon's going to do? I think Judge Eileen Cannon, who has demonstrated before that she's granted unprecedented and improper relief, I think she's going to grant what Donald Trump's requesting. But finally, that will give Special Counsel Jack Smith, and this is the part

where I said it's going to backfire on Donald Trump, special counsel Jack Smith will then finally get that direct interlocutory appeal to the 11th Circuit Court of Appeals. You've all been asking, why isn't special counsel Jack Smith filed any appeals yet? Why isn't special counsel Jack Smith tried to remove Judge Eileen Cannon? And I've said it before, but let me just reiterate, she hasn't made any appealable orders. She's just been issuing paperless orders that move around the dates and deadlines of the case. But she has not made a single substantive order that special counsel Jack Smith even has the ability to appeal. So what if you could support small family farmers and reduce your

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And listeners of this show get free ground beef for a year. That's one year of the best ground beef you'll ever taste before a limited time. Spelled M-O-I-N-K box.com slash Midas Touch. That's moinkbox.com slash Midas Touch. What I think's going to go down in response to Donald Trump's motion for access to the SEPA Section 4 filings, which he's not entitled to under SEPA Section 4. I think Judge Eileen Cannon grants it the same way back in 2022. She asserted equitable jurisdiction over the search warrant executed at Mar-a-Lago, which was entirely unprecedented, and she was overturned by the 11th Circuit Court of Appeal. I predict Judge Eileen Cannon will

grant Donald Trump's request. Special Counsel Jack Smith will file an opposition first and say exactly what he said when this same type of motion was brought in Washington, D.C. before Federal Judge Tanya Chukin. This is unprecedented. This is not the purpose of SEPA Section 4. It renders SEPA Section 4's ex parte in-camera exclusion of defense counsel meaningless and moot if they're able to participate and see these highly sensitive documents like potentially nuclear records, war plans, and things that are going to necessarily need to be excluded and substituted. Judge Eileen Cannon's going to grant Trump's motion. And then I think special counsel Jack

Smith appeals to the 11th circuit and the 11th circuit, then looks at all of judge Eileen Cannon's orders, prior orders. And I think that's where special counsel Jack Smith puts in his brief to the 11th circuit that judge Eileen Cannon has a repeated pattern and practice of not doing the right thing of not following the law. And I think Jack Smith even mentions this other piece, which is that Judge Eileen Cannon has not even set SEPA Section 5 deadlines yet. SEPA Section 5 is like the key definitive deadline in any type of SEPA case. That is where the defense argues to the court about which classified documents it wants to introduce, and it has to do it with a level of specificity. Judge Eileen Cannon not only has not ruled on SEPA Section 5,

she's refused to set a SEPA Section 5 deadline, which you can't possibly have a trial if you don't have a SEPA Section 5 hearing. Jack Smith previously pointed that out to Judge Eileen Cannon. She said, nope, I'm not setting a SEPA Section 5 hearing until we have our March 1, 2024 status conference. She's just playing games there. But Jack Smith will bring that also to the attention to the 11th Circuit Court of Appeal. And here in Donald Trump's motion, he just basically says, look, he's submitting this request to have his lawyers intervene. And then Donald Trump misstates the law in SEPA Section 4 and says that courts have allowed defense counsel to participate in these SEPA Section 4 proceedings before, maybe in the most rarest of rarest of rare circumstances.

But that's not, it's truly unprecedented. This is well-established law. The defense counsel does not participate in it. The judge makes the decision, ex parte, in camera, no defense counsel. And then Trump's lawyers say that because Donald Trump previously saw classified documents and he was a classifying authority, that he should be able to be part of this. And that's why his lawyers should take part in this to proceed in this adversarial proceeding and why they should be involved in the SEPA Section 4 hearing that takes place. So it's an 18-page motion.

That's the summary basically right there. Donald Trump requesting unprecedented relief to have his lawyers get involved in a SEPA Section 4 hearing over whether or not documents will be withheld. Jack Smith's going to oppose. I predict Judge Eileen Cannon allows Trump's lawyers to do it. Jack Smith will then take an interlocutory appeal immediately to the 11th Circuit. The 11th Circuit's going to find that Judge Eileen Cannon has totally botched, screwed up SEPA proceedings. Then they're going to, I think, we could potentially see at that point in time,

depending on the level of criticism. There is some precedent for, at that point, taking action against a judge like Judge Eileen Cannon. It may require another reversal on another order before I think it gets to that point. But that's where it's headed. Jack Smith realizes that. I think Jack Smith to that point. But that's where it's headed. Jack Smith realizes that. I think Jack Smith is okay with it. You got the Washington DC case set for trial

March 4th of 2024. You've got Judge Juan Merchan, Manhattan District Attorney criminal case set for late March. That'll trail the Washington DC case. And then I think you'll have the Fulton County District Attorney case, and then you'll have this case, and then I think Judge Eileen Cannon by that point will have been

reversed many times by the 11th Circuit Court of Appeals to the point where she's going to be constrained in her corruption. It's my prediction. We'll see, but that's the motion that Trump is filing here. I'm Ben Micellis. This is the Midas Touch Network. Hit subscribe. We're on our way to 2 million subscribers. Thanks to your support. Have a great day. Hey, Midas Mighty.

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