The MeidasTouch Podcast - Trump's Words Come Back To HAUNT Him in SCATHING Order
Episode Date: November 18, 2023MeidasTouch host Ben Meiselas reports on federal judge Tanya Chutkan rejecting Donald Trump’s attempt to remove certain allegations in the in the federal indictment by Special Counsel Jack Smith. ...Go to gutcleanseprotocol.com/MEIDAS to watch Dr. Gundry’s informative video for FREE! 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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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By the way, that's sort of like... You're really beating Taylor Swift, by the way.
Yeah, I did. The J6 is beating Taylor Swift. It's Donald Trump and the J6 prisoners.
The Pledge of Allegiance. And on iTunes and on Amazon and on Billboard, which is the big deal.
Number one, Donald Trump. So now I feel like Elvis because now we've done The Apprentice. That was a great success. Now I've done a recording or whatever you call it.
But no, it was number one. And you know what that is? That's a tribute to the fact that people feel
the J6 people have been very unfairly treated. You see, that was Donald Trump bragging about making a song
with January 6th insurrectionists.
At the same time, in court filings in the Washington, D.C.
federal court, Donald Trump claims that he shouldn't be associated with insurrectionists.
He's trying to distance himself there.
Fortunately, federal judge Tanya Chutkin is not buying what Donald Trump is selling.
And in a scathing order
denied Donald Trump's attempt to remove or strike allegations from the indictment that referenced
the January 6th insurrection and insurrectionists. I'm Ben Maiselis from the Midas Touch Network.
Let's dig into Judge Chutkin's scathing order rejecting Donald Trump's efforts to try to strike allegations
in the Washington, D.C. federal criminal indictment, which referenced January 6th,
January 6th insurrection. The case in Washington, D.C., remember, involves Donald Trump's attempt
to overthrow the free and fair election in 2020. And what special counsel Jack Smith states is that Donald Trump brags about the
J6 choir. He calls the January 6th insurrectionist patriots. He says he's going to pardon them.
This so-called choir that Donald Trump and the MAGA Republicans sing song with and make money
off of by releasing their music on Apple Music are also among some of the most dangerous insurrectionists
who are currently in the Washington DC jail. So Donald Trump's attempt to distance himself
from these people, special counsel Jack Smith says is so disingenuous. Here's another clip.
This is Donald Trump in Texas. I can't play the actual insurrectionist song that's because Donald
Trump has copyrighted it. They
make money off of this thing and it would be flagged on YouTube. So I'm just going to show
you what happens after Donald Trump plays this at the beginning of his traveling circus fascist
events where the crowd not singing the national anthem, they're singing the J6 choir song. Here,
play this. Then let's go through Judge Chutkin's order. Play the clip.
And they asked me whether or not I would partake and do the beautiful words, and I said, yes,
I would. And you saw the spirit. The spirit was incredible. And when that came out,
it went to the number one song. It was beating everybody. It beat Taylor Swift.
It beat Miley Cyrus, who was number one and two. They were
number one and two. We knocked them off for a long time. All right, let's go through Judge
Chutkin's order right here. Now, Judge Chutkin points out that first and foremost, an indictment
isn't evidence that goes before a jury at the time of trial. So just kind of basic criminal law 101, evidence will go before
a jury. But in any event, what Judge Chutkin says is that Donald Trump trying to say these
allegations are inflammatory, they just simply are not. And a jury, even if they had the indictment,
would be able to evaluate the evidence for themselves and assess it. This is an important ruling because it also shows where Judge Chutkin's mindset is on this case. She hasn't yet ruled on
Donald Trump's motions to dismiss the indictment. He filed it on various grounds. She gave a very
brief extension, but she's going to deny those. I can say that with a great deal of confidence,
and this also gives us a better sense of her thinking. Here, Judge Chutkin says in this scathing order, defendant Donald Trump
has filed a motion to strike so-called inflammatory allegations from the indictment. The motion asked
the court to strike certain paragraphs. Those paragraphs allege that on January 6, 2021,
defendant and co-conspirators repeated knowingly false claims of election fraud to gathered
supporters, falsely told them that the vice president had the authority to and might alter
the election results, and directed them to the Capitol to obstruct the certification proceeding
and exert pressure on the vice president to take the fraudulent actions he had previously refused,
and that after supporters broke through the barriers cordoning off the Capitol grounds,
violently attacked law enforcement officers and breached the building, that defendant Donald
Trump refused to issue a calming message aimed at the rioters and instead issued a tweet intending
to further delay and obstruct the certification, attacking Mike Pence for failing to halt the
certification proceedings. Donald Trump wants that stricken. Donald Trump wants that removed. Special Counsel Jack Smith's like, that goes to his intent of the charges that
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Federal Rule of Criminal Procedure 7D provides when a court may strike language, that is,
surplusage from the indictment or information upon a defendant's motion.
The rule has been strictly construed against striking surplusage. And then it goes on to say,
regardless of whether the allegations at issue are
relevant, defendant has not satisfied his burden to clearly show that they are prejudicial.
He argues that sharing the allegations with the jury may result in prejudice at his trial,
because members of the jury may wrongfully impute fault to him for the actions at the Capitol on
January 6th. And then it goes on to say, "'But consistent with its past practice,
"'this court will not provide
"'a copy of the indictment to jurors,
"'eliminating that source of potential prejudice.'"
And the court's like,
that's not something that really jurors get.
"'Defendants 16-page reply in support of the motion,
"'despite making numerous inflammatory
"'and unsupported accusations of its own. For example, it cites
President Biden directed the DOJ to prosecute his leading opponent, devotes only a single paragraph
to the prejudice requirements. So there, Judge Chutkin calls out Donald Trump for making
inflammatory allegations in the motion to strike inflammatory allegations, but says, but your motion, you don't even go over
the key thing here to determine if a motion to strike should be granted, which is the prejudice.
Donald Trump's motion devotes only a single paragraph to the prejudice requirement.
His sole argument is that even if the jury does not receive a copy of the indictment,
quote, voluminous evidence exists here that the jury poll has been and continues to be
exposed to the indictment and its inflammatory and prejudicial allegations through media
coverage relating to the case.
But defendant fails to cite even one example of the evidence.
In any event, the voir dire process, the jury selection process, will allow the court to
examine and address the effects that pre-trial publicity
including any generated by defendant has had on the impartiality of potential jurors when trial
begins the court will also take steps to screen from the jury any irrelevant and presidential
material that either party seeks to introduce moreover before the jurors deliberate the court
will instruct them on the actual charges and the evidence that they may consider in their deliberations.
This, too, will prevent, quote, potential prejudice from alleged surplusage.
For these reasons, defendants' motion to strike inflammatory allegations from the indictment is hereby denied, signed by Judge Tanya Chutkin, dated November 17, 2023.
Judge Chutkin was not having it at all.
And then what we'll see now is before trial,
Donald Trump will try to file
what's called a motion in limine.
He's already previewed that to exclude
this type of information from going before a jury.
Ultimately, we have to see what Donald Trump's
attempted defenses are going to be.
Is he going to rely on an advice of counsel?
Recall that he has to make that disclosure in the next two months based on another ruling
by Judge Chutka.
In other words, is he going to blame his lawyers?
What's Trump going to put forward for his defense?
And then special counsel Jack Smith is going to put forward this evidence and say, look,
this shows that you had the intent or what we call in criminal law the requisite mens rea, the requisite mental state required here.
And we know you had the intent to engage in this behavior.
It wasn't accidental.
It wasn't a mistake.
It wasn't some big misunderstanding.
It wasn't that you were deluded or people deceived you.
We knew that you wanted to do it because you're praising the most violent ones.
You're saying they're great.
You're making songs with them.
You're making money with them.
You're putting their songs out on Apple Music.
One final thing, folks.
What the heck?
Could we just say that?
What the heck?
He's out there making music with January 6th insurrectionists.
Y'all remember Stand Back and Stand By from the 2020 debate.
It went from Stand Back, Stand By to let's record music together with the most dangerous terrorists.
This is beyond absurd.
Don't normalize this behavior.
We will not hear on the Midas Touch Network.
We will speak the truth.
We will give you the facts.
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