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US POLITICS MEIDAS TOUCH / LEGAL AF Legal AF: Jack Smith DROPS HINT on Trump PUBLIC REPORT ASAP ... December 5th 2024 PLAY YOUTUBE VIDEO Original article: https://www.youtube.com/watch?v=WGRtwV0z_RE Peter Burgess COMMENTARY Peter Burgess
Jack Smith DROPS HINT on Trump PUBLIC REPORT ASAP Legal AF 353K subscribers ... 170,752 views ... 16K likes Nov 28, 2024 Special Counsel Jack Smith is not out of business --yet, and has left a trail of 'love notes' for Trump all this week, leading to the release of his 2 criminal final reports against Trump to the public before Biden leaves office. Popok is Live and reports. Subscribe: / @legalafmtn Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky... Subscribe to the Legal AF by MeidasTouch podcast here: https://podcasts.apple.com/us/podcast... Transcript 0:00 now is the time to learn more about what Jack Smith the special counsel just did in the maral Lago and DC election interference case why it matters what judge chuin wrote in her order and what comes next with Jack Smith's issuance through the Attorney General of two major reports outlining Donald Trump and why it all matters here I am in a popac live giving you the breakdown we we told you this was going to happen so it shouldn't have come as a if you're a regular follower of of midest toucher legal AF we told you that Jack Smith was in the process of making the decision to dismiss both the moral Lago case which is the Espionage obstruction of justice case and the election interference case so it was just a matter of time before he got around to filing it we thought it would be sometime before December early December the week before Thanksgiving made perfect sense he certainly was going to go um now rather than wait to be fired by Donald Trump who's threatened to not only H Jack Smith but 1:01 also to go after and persecute not prosecute persecute everybody on his team everybody the Department of Justice who worked on the cases against Donald Trump everybody in the FBI the whole the whole kitten Kaboodle and so Jack Smith dismissed but he also did two things which I think were very very smart in dismissing and he filed his his motion for leave to dismiss the indictment without prejudice let me unpack all that procedurally as a lawyer here practices in in these kind of cases in order to dismiss an indictment you can't just do it on your own unilaterally if you're the prosecutor you've got to get Court permission especially if you're going to do it without prejudice without prejudice means that it can be refiled in the future and while you have to get the Court's permission is that the court protects defendants not named Donald Trump from being abused or harassed by prosecutors who are just constantly inditing and dismissing inditing and dismissing and you know putting a complete Shadow and public uh criticism 2:02 um against the person for no good reason so you got to go to the judge and you got to act ask nicely and show the grounds and the grounds for it were simple it's listed in Jack Smith's motion it's that the office of legal counsel the olc which is effectively the internal in-house Supreme Court for the Department of Justice whatever the olc says that's what the Department of Justice does and they ask them the question because it's one that you know it's not it's not easy to come up with the question that the that the Jack Smith team asked is when you're Prosecuting a former president who committed crimes while he was president the first time who gets elected again to be president before you've had the opportunity to actually try the case against him but you've already indicted him does the Constitution and the law around Article 2 which is the presidential Powers law require a 3:00 dismissal of the case because it's impairing or impeding the Office of the President say yes or no sort of like asking AI or chat gbt or a magic eightball and the office of legal council came back and said under their analysis that they could not because Donald Trump got elected again and there wasn't enough time to get the trial done before he actually stepped into office they had to dismiss the case not because it didn't have Merit not because the evidence didn't support it but because it would impair and impede the powers of the president regardless of who's occupying it they care about the institution of the presidency even though we're all sort of rolling up rolling our eyes and scrunching up our nose over it holding our nose over it because it's Donald Trump and he created this scenario in collaboration unfortunately with meric Garland who waited 19 months to bring to start to start the investigation that led to the prosecution and indictment of Donald Trump we'll leave that for little bit a little bit later in the live podcast live broadcast 4:01 um but because it will having the shadow of a criminal indictment and uh prosecution and all that undermines the power and authority of the president of the United States do his job both foreign and domestically I mean you know Donald Trump doesn't care that he's a convicted felon when he's negotiating with his adversaries abroad like Putin and North Korea's chairman or any of them but most people wouldn't want that to be part of their portfolio of work and so we give them what's called temporary immunity it's a temporary condition and it evaporates as soon as as soon as the term is over and for Donald Trump we know the term is over he may not recognize it but the rest of us do it's going to be in 2029 and so at the end of 2029 then whatever was happening then we can restart so that's the reason so the judge says I understand why you're doing it without prejudice because a future prosecutor maybe in the hands of a future Department Justice you don't want 5:00 to tie his hands and dismiss outright which is what Donald Trump's been calling for in New York what he's calling for everywhere complete dismissal with prejudice meaning never to be revived and the judge says yeah I see why you're doing it without prejudice because the olc's guidelines were that it's a temporary immunity remember that word temp that concept of temporary immunity because I'm going to talk more about it next week on another LIVE edition when we talk about the New York case and sentencing same concept temporary nature the reason you can't currently prosecute try and or sentence Donald Trump which evaporates and ends 5:37 in 20129 now a lot of the the Trump World after the dismissal let me let me mention one thing in the dismissal I thought it was very very interesting two things one by judge chuin to help out the special counsel and protect him a bit from future prosecution or persecution by Donald Trump's Department of Justice and the other from Jack Smith team themselves let's start with Jack Smith's team they said the reason we're 6:02 dismissing is not because and here's the implication not because we're afraid of Donald Trump not because we have doubts about the quality of our evidence or the weight of our evidence against you the decision to make to to begin the investigation of prosecution the indictment that we that we obtained none of that we stand behind all of our decisions and the strength of our case I love the fact that Molly Gaston writing on behalf of Jack Smith said basically F you middle finger for you know for those that are listening um to to Donald Trump we are not scared of you I know you want us to obey and to Bow because of fear and the interum effect of threatening to go after us but we stand behind our work the decision to indict you the indictment the quality and the weight of the evidence that we had against you and the crimes that we're going to lay out this is my re between the lines the CRI that we're going to lay out for the 7:00 American people in our two reports to be given to America irland in the next couple of weeks Fu to Donald Trump you want to come after me come after us we we stand behind our work as career civil servants doing doing our job for justice now what did chuin do chuin helped him out by saying the other reason I'm going to Grant uh the motion for leave to dismiss the indictment without prejudice is that I don't see any indication that there was any harassment by the prosecutors of Donald Trump no harassment without prejudice is fine by me that's also going to help out if we ever see a Pam Bondi try to prosecute Jack Smith oh my God there's a mismatch there and I mean in favor of Jack Smith then at least we have a federal judge who overseed the prosecution and overseed the entire the entirety of the criminal indictment process against Donald Trump saying I never saw anything un Ed by the prosecutors and certainly 8:01 no harassment or anything like that so I like the fact that that was in this this decision as well now Trump World you know or that great as I said in a recent hot take on legal AF the legal Brain Trust that is Eric Trump who never went to law school uh he he jumped up and down in a recent uh posting on social media or an interview and he said there's other ramifications of this dismissal without prejudice meaning it could be refiled in the future it can't be refiled in the future see they're trying to cover up for the fact that they're the lawyers for Donald Trump sort of screwed this up because they didn't oppose the motion for leave to amend without prejudice they should have said it should be with prejudice we should never see this indictment again and here's why so that it's kind of preserved on appeal but they didn't do that because they're not that good despite the fact that they're going to have the number one or number two job in the Department of Justice uh when this whole thing is over so Eric Trump jumped 9:00 up and down and try to cover for them and said Double Jeopardy and uh statue limitations it's like you know when you deal with them it's like some sort of um misbegotten uh kitchen magnet poetry it's just words that they heard somewhere or somebody wrote in their Palm for them to say out loud and then let me explain this to you okay neither of those Concepts apply there's no Double Jeopardy because there was no single Jeopardy let me explain and order for there to be Jeopardy what's called Jeopardy attaching to allow for double jeopardy because if you ask the average person on the street what's double jeopardy they'll be like can't be prosecuted twice for the same crime I that's kind of people sort of know that not exactly cor you can be prosecuted twice you just can't have Jeopardy attached twice so let me interpret Jeopardy attaches in especially in federal court after a jury not the grand jury a jury the pedit jury the one that makes it decisions about uh 10:01 uh criminal liability or not can you know either guilt or innocence that there's sworn in once that jury is in the Box sworn in Jeopardy attaches and after that okay if there's a uh some sort of hung jury or mistrial or an attempt by another prosecutor somewhere to bring a similar or identical case they won't be able to because that would be double jeopardy because that would be a second Je Jeopardy but there's no single Jeopardy here so there can't be double jeopardy I think everybody here that follows us here on a live podcast like this knows and is frustrated by the fact that the case never went to trial we've been in the indictment motion to dismiss immunity stage for a long long time for over two years delayed by almost nine months by the United States Supreme Court we never picked the jury in the DC election interference case never picked a jury in the maral Lago case so there can't be double Jeopardy and the statute 11:00 of limitations doesn't run either because it's first of all most statute of limitations for the crimes are over 10 years in federal court and some of them don't even have a statal limitations and they are um stayed the clock stops like a giant snooze button Boom for the period of time that where there' be temporary immunity for Donald Trump so you just delete deduct the four years that he's um that he's uh president and then the clock continues so neither of those Concepts help Donald Trump out in the least the maral Lago case was also on that one was on appeal a little bit different procedural posture that's the Espionage Act obstruction of an official uh obstruction of justice claims against Donald Trump because he played you know hide the documents top secret classified documents from the United States of America other people and federal judges and uh that went up on appeal by the department of J Justice because Eileen 12:01 Cannon federal judge appointed by Trump decided for the first time in 250 years that she was going to dismiss an indictment finding that the special council is invalid because it was improperly appointed it wasn't confirmed by the Senate it wasn't funded properly by the by Congress side note there's talk of making Matt Gates remember him a special counsel to go after Jack Smith okay now we're in the upside down world and the aru is he doesn't need Senate confirmation because that's what Joe Biden's position was but that's not the position of the lawyers that are in the room for for uh for Donald Trump in these various cases I think he's gonna be hardpressed to take the opposite position and a point without Senate confirmation a special councel let me go back to Mar Lago case went up on appeal to the 11th circuit everyone in my line of work sort of came to the same conclusion if the 11 circuit ever got around to it they were going to reverse 13:00 judge alien Canon find that she had made a how do we put this reversible error FAA and for her third time in the case and reverse her decision and send it back maybe not to Eileen Canon especially now that she's being uh touted for um uh attorney uh she was being Ted for attorney general at one point but at some point and so we have that uh but uh we never we thought maybe we're not going to get the chance now because we knew that Jack Smith was going to dismiss the uh indictment but he's going to make it hard on Donald Trump he's going to dismiss or the appeal he's gonna dismiss the appeal Jack Smith the mara Lago appeal that's at the 11th circuit but not for everybody so Carlos the oliera the maintenance worker have a seat okay Walt NAA the valet Butler you to have a seat you're not going anywhere now a lot of people in our chat I'm sure are ready to start typing Trump will just give him a pardon he he 14:02 may but Jack Smith's going to make him work for it and he's going to make him expend political Capital to Pardon these people and then others can bring that up um about Maga and about the Republicans in other words he's not going to make it make it just go in the dark in the quiet where nobody sees or hears it he's going to make Donald Trump on a record of conviction hopefully pardon these people and the threat of a pardon is not going to be enough so I see the 11 circuit going forward with this issue plus they want to they want to have a case to reverse her decision because it needs to be erased from the books and in order to do that they got to take it up on appeal so they're right to do it keep the case alive against the co-conspirators who don't have presidential immunity haven't been elected anything uh and try to reverse their decision at the 11 circuit so it's not the law of the land that other Maga like Trump can point to in the future and so that's what's going to happen at 15:01 maral Lago and we'll let we'll see what happens with Donald Trump and all of his parts that's the very reason people are pushing so hard for the Gen 6th defendants to all be sentenced and tried regardless of the fact that they think they're getting the golden pardon by these DC federal judges because if Donald Trump's going to Pardon them the the public should know the crimes that they were charged with are convicted of again exacting political capital and making it more painful on the exercise of the part don't make it easy on them don't oh we'll skip the trial because it'll be this is one one federal judge said judge contras we'll just skip the trial it's a waste of judicial resources he's getting a pardon anyway like can you do your job until you're told not to do your job that's sort of my Approach and so that's where we are with everything related to Jack Smith lastly let me touch on the reports they're important they're going to be heartbreaking because they are going to um lay out clearly the crimes that were committed and the evidence about them in a couple of hundred Pages a piece Mara 16:01 Lago and DC election interference case and the and the Heartbreak part is going to be that Merrick Garland waited 19 months n it's crazy the amount of time 19 months to appoint a special counsel to go after it and and the special counsel was just to remind people Jack Smith wasn't even picking up the pieces from an ongoing investigation it was starting an investigation so I should have been talking about all of these things like a year ago last summer not now when we ran out of time and that's a problem and that's something that meric Garland's going to have to live with look the reality is the skills that go into being a federal judge which he was or a potential Supreme Court Justice you know that kind of aidite owly let me stroke my beard on that one that doesn't work when you up against Donald Trump and you're supposed to be the Attorney General you can't be feckless you got to be aggressive and robust and you can say a lot of things about mer Carland but robust and muscular and energetic or not one of them he did a lot of other things I'm 17:01 not saying it wasn't but that you know he went after the Gen 6 lower level people Hunter Biden got three convictions okay Menendez the senator of New Jersey but like Trump what about Trump if he just started all that earlier we wouldn't have been in this mess you know but he didn't and that helped that in another major decision he made Let's be frank he appointed because he wanted to be bipartisan he appointed Robert her Republican to be Joe Biden's special counsel and then we got to sift through a 345 page report by Robert her which basically called Joe Biden at the worst possible moment possible a daughtering old fool who wouldn't be who wouldn't be prosecuted because he's too old and feeble to be prosecuted and the jury would have sympathy for him he actually wrote that how did that help us so Merck Garland is going to you know the history books are not going to be kind to what he did and what he did to the rule of law and democracy even though he's a 18:00 very kind man and a and a decent man but that's not the man or the person that we needed at that moment in time against somebody like Donald Trump welcome back thanks for supporting the show legal AF the YouTube channel hit the free subscribe button and of course on all things Midas Touch we're doing the channel in collaboration with Midas my work is there as well as is the legal AF full length podcast on Wednesdays and Saturdays on the midest touch Network in the meantime I'm Michael popac and I'm reporting in collaboration with the mest touch Network we just launched the legal AF YouTube channel help us build this pro- democracy Channel where I'll be curating the top stories the intersection of Law and politics go to YouTube now and free subscribe at legal aftn that's @ legal aftn [Music]

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