Legal AF by MeidasTouch - Court Makes MAJOR ORDER on LAST VOLUME of Trump REPORT

Episode Date: January 16, 2025

Will Congressional leadership ever get to see the Jack Smith Special Counsel Mar a Lago report and stinging rebuke of Trump (and the public as well), or will the 11th Circuit Court of Appeals reverse Judge Cannon and unblock her block. Michael Popok reports on a brand new head scratcher of an order from the 11th, that on one hand seems to both side with Cannon but also invite a new emergency appeal from the DOJ to allow the report to go to Congress. Go to https://joindeleteme.com/LEGALAF and use promo code LEGALAF for 20% off. 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 MissTrial: https://meidasnews.com/tag/miss-trial 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 On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

Hey there, Ryan Reynolds here. It's a new year, and you know what that means. No, not the diet. Resolutions. A way for us all to try and do a little bit better than we did last year. And my resolution, unlike big wireless, is to not be a raging a** and raise the price of wireless on you every chance I get.

Give it a try at mintmobile.com slash switch. $45 up from payment required equivalent to $15 per month. New customers on first three month plan only. Taxes and fees extra. Speeds lower above 40 gigabytes on unlimited. See mintmobile.com for details. We got a strange new order from the 11th Circuit. Does it, does it support Judge Cannon

in the Mar-a-Lago case and her decision to block a volume two about Mar-a-Lago from even going to congressional leaders? Or does it just ignore it for some reason? And what's going on at the 11th Circuit with the ultimate decision about whether Judge Cannon was right or wrong to dismiss the indictment in Mar-a-Lago against everybody by finding that the special counsel was invalidly and unconstitutionally appointed? First time in 249 years. Any judges ever done that? Why haven't they made the ruling on that yet?

I'll piece it all together right here. You'll make heads and tails of it when I'm done on this hot take on the Midas Touch Network and Legal AF. I'm Michael Popock and let's dive into this weirdo of an 11, that's a legal term, of the 11 circuits decision issued by the clerk. Here's what happened. They judge canon in the last day or so,

and I did a hot take on this, decided to revisit her original order. Her original order, three days ago, blocked the release of volume one and volume two, even though volume one of special counsel Jack Smith's report had nothing to do with Mar-a-Lago. It only had to do with the DC election interference case in front of Judge Chutkin.

And Judge Chutkin wasn't blocking its release. Plus all these cases have been dismissed against Donald Trump because, you know, he won the presidency again, and that's what the Department of Justice did. But she blocked both for about 48 hours. Then there was a flurry of filings by all sides. Donald Trump got involved again, tried to intervene in the case,

which is weird. You don't usually intervene in a case where your indictment's been dismissed unless you'd like to revive your indictment. And then the two co-conspirators for Donald Trump, who like work for Donald Trump currently, who are doing the blocking and tackling for Donald Trump at his behest because he's paying their lawyer fees, they started filing papers. They filed an emergency application with the 11th Circuit. They filed an emergency application with Judge Cannon, stopped the release of all the reports, even the reports that they are not technically a part of, like the DC election interference case, since they weren't co-conspirators there. And each of these two different courts, the 11th Circuit, which sits above Judge Cannon and Judge

Cannon, sort of moved at their own pace and slightly different spinning circles. The 11th Circuit said, let's have some briefing, we'll take a look at it, we'll let you know about whether volume one or volume two can be released and Judge Cannon said, I'm blocking both from public disclosure. Then the Department of Justice weighed in in both places and said, I don't know what everybody's so worried about. This is me paraphrasing the Department of Justice. They're not this informal when they write. I don't know what everybody's worried about.

We're not going to release the moral logo volume two of special counsel Jack Smith's report because the special counsel doesn't even think that's an appropriate thing to do, has recommended that to the Department of Justice and Merrick Garland. He's agreed we're not releasing it. At worst, the only place it's going is where it has to go by statute under the special counsel law, which is to the ranking members of the House and the Senate, Democrat and Republican, who get a

copy of the report, but only they have to keep it under lock and key. They can't keep a copy, they can't talk about a copy, and they can't disseminate a copy. But that's what the Attorney General has to do on the way out. The Attorney General, Merrick Garland, also left a love note for America and for his successor, probably Pam Bondi. And it went something like this. Again, my artist rendering. Dear Pam, it's in the public interest to release the Mar-a-Lago report. So if it's sitting on your desk the day you get confirmed, you should release it to the public. XXOO Merrick Garland, something like that.

But he's going to print it over to her and you know, well, this will never see the light of day. The only way we may see Mar-a-Lago is if it ever does get past the Cannon block and ends up with the Democrats like Jamie Raskin and Dick Durbin and we know about it through them. But like a hard copy of it, I'm not sure we're ever gonna see that. In any event, we're still litigating over Mar-a-Lago.

So the 11th circuit, after hearing from Merrick Garland, Department of Justice people, that they weren't going to be releasing volume two at all, which is the only one that's really involved with the 11th Circuit. The 11th Circuit said, okay, Greenlight, I feel like I'm doing Squid Game. Greenlight, you can release volume one, right? And then, to continue the Squid Game analogy, Eileen Cannon, she had her own red light, green light game going on. And she said green light on volume one about DC election interference, which she had no jurisdiction, but red light on Mar-a-Lago.

And she wants a full briefing about Mar-a-Lago, which will time out on Thursday with a hearing in front of her in Fort Pierce, Florida, lawyers who are I guess are still Todd Blanch and John Sauer even though they're gonna be kicked upstairs to the administration soon but right now they're still working for Donald Trump privately. That's another problem but she's gonna have a hearing. Now we get the new ruling from the 11th Circuit I'm like okay here we go. They're gonna chastise Eileen Cannon and say she doesn't have jurisdiction and they're gonna vacate all her orders. No. All right. They're gonna say sheise Eileen Cannon and say she doesn't have jurisdiction and they're gonna vacate all her orders. No

All right They're gonna say she was wrong about trying to block volume 2 from going to Congress as permitted by the statute. No Okay, so what'd you do popak or what they do through the clerk? So I don't even know which judge it was they issued a half a page order that just said there's five Pending motions in front of us emergency Emergency this, emergency this, emergency this, emergency this. All moot. Moot, moot, moot, moot, moot. Mootness. Why? What's mootness? Mootness means, effectively, that through the passage of time and new events, the dispute that was before the court has been resolved one way or the other. Something has happened. The rock has moved in the middle of the night and therefore it is moot. We don't have to make a ruling about Volume 1 because

Volume 1 is in the public domain. It's been published. Yay! Except that doesn't answer the question because all of the motions and all the motion practice was about Volume 1 and Volume 2 Mar-a-Lago and they are strangely silent at the 11th circuit about volume two they don't even mention volume two by name or by implication they just say we're done here nothing to see 11th circuit's done here and that was it now that means that they have either implicitly approved of what of how Judge Cannon is running her show and the jurisdiction that I don't believe she has

to be making decisions about the Mar-a-Lago case any longer since it's all up on appeal. If they are now basically endorsing and putting their stamp, their imprimatur of approval on Judge Cannon, it's really weird because it's by effectively withdrawing all of their jurisdiction over this area and saying nothing to see here,

they're leaving it to Judge Cannon to conduct this cockamamie kangaroo court hearing on Thursday about whether she's got the federal power to order the block of red light of volume two of Mar-a-Lago, not to the public, but to Congress. Have you or someone you know been a victim of identity theft, harassed, stalked, doxed? As people who follow our show know, I and the other hosts on this channel have been harassed and stalked, especially following the election. And that made me want to take control to protect myself and my loved ones.

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that now just on that discrete issue, Jack Smith should notice another appeal, wait for Thursday. See what Cannon does. Well, of course, we're running out of time here. I'll tell you why in a minute with the inauguration. But Thursday, when Cannon, let's say, continues to block red light, the Mar light the Morillago report from Congress, then I think Congress should intervene. I think Jamie Raskin and Dick Durbin should intervene in

the case and argue it for the ranking members of the Senate and the House. I think that's the one thing should happen with like an amicus brief, a friend of the court brief, lobbed in by Thursday. That's one. Two. I think the Jack Smith could file a motion for reconsideration or rehearing to the 11 Circuit asking them to clarify, a request for clarification, about whether they're also saying that she was right on volume two. Or wait for Thursday to come and go with a bad ruling from Cannon, which is almost inevitable, and then appeal that immediately. They're probably working on the papers now to the 11th Circuit on

an emergency application and try to get that done all before Monday's inauguration. You see the problem? We have another underlying problem. This is like the dog, you know, the tail wagging the dog. The dog is the fact that the 11th Circuit continues to sit on the substantive appeal by the Department of Justice to try to clean up on aisle democracy the bad ruling by Judge Cannon about finding that the special counsel and all special counsels by implication is unconstitutionally appointed by the Attorney General as an inferior officer and unconstitutionally funded by Congress. That's a dumb ruling. It is unconstitutional how she's interpreted it. It's the first time in 249 years we had a judge do it and she did not stumble upon the secret Dakota

ring to the Constitution, I assure you. But the 11th Circuit's been sitting on that for like five, six months. If they don't rule and at the rate they've fallen in love with mootness, they could just sit on their hands and rule by not ruling. If they don't rule by Monday, Monday afternoon, Donald Trump, he's already prepared the paperwork, he's going to sign a pardon for the two co-conspirators in Mar-a-Lago ending the case. Walt Nauta and Carlos D. Olvera, whether they wanted it or not, which we know they do,

are gonna get a pardon. That ends the case. The case is over because in order for any court to operate and to have jurisdiction, there has to be what we refer to, it's a term of art, we refer to it as live case or controversy, which is sort of what it sounds like. You got to have a live dispute in front of you, not an advisory opinion. You can't like lob a request into a judge, federal judge especially, and say, hey, I got this property line dispute with my neighbor and could you just, I'm not ready to

sue him, but could you just tell me how you'd rule on this? No, we don't do that. And if parties disappear because they've been pardoned, case is over. Even if the 11th circuit was just about to issue the order. I used this sports metaphor before. You know when you're at a basketball game and somebody, you know, one of the players takes an amazing, beautiful, logo three shot right from half court aiming for the basket. Here it goes and it goes beautifully swish nothing but net nothing but the bottom of the net three pointer except there was a red lit box around the basket and it's no basket time is up lid is on top of the basket same thing here they might have had this

beautifully written order ready to go that was gonna chastise Eileen Cannon, was gonna reverse her and set the world straight. But if they don't hit print or they don't hit publish before the pardons, it's as if it never existed. And we can't get a copy of it to answer questions in the chat, we can't get it by a Freedom of Information Act request, nothing. That's why I started this hot take with saying we got a head scratcher of an 11th circuit decision. Does this signal that they're not going to rule on the underlying merits of the appeal

and they're going to leave yet another bad precedent coming out of the Department of Justice against Donald Trump, which until there's a competing ruling by another federal judge or an appellate court, or the Supremes get to comment on it again, that's the only precedent in the area. Everybody will be citing it who want to get rid of their special counsel. See Eileen Cannon case of Trump versus US or US versus Trump. We can't have that. 11th Circuit, if you're listening, to my friends that I know a couple of them, on the 11th Circuit in Atlanta,

make your ruling. Right? And make the right ruling. I guess that's what I'm trying to say. Make the right ruling. So until my next coverage of all things legal and political, here on Midas Touch Network,

on Legal AF, our five-year running podcast, top 10 in the world, hard to believe, all because of you. You're people-powered. We're not, you know, content-powered. I mean we are, but you're doing your part to help build this channel, this network, and now you've helped us get to 400,000 in four months of new subscribers over on the Legal AF channel. That's amazing. On our March to 500,000 by our half birthday. We're almost there, all because of you.

Come on over, hit that blue subscribe button. Until my next reporting on all things Legal AF, I'm Michael Popock. Love this video? Make sure you stay up to date on the latest breaking news and all things Midas by signing up to the Midas Touch newsletter at MidasTouch.com slash newsletter.