Legal AF by MeidasTouch - Federal Judge SETS STAGE for Trump ELECTION BOMBSHELL with New Order

Episode Date: September 6, 2024

Judge Chutkan rules that Jack Smith can preview his evidence before the election! She lays out her scheduling order where detailed briefing on all issues will happen before the election allowing the American people to see the evidence Smith has against Trump. Former Prosecutor, Karen Friedman Agnifilo reports. Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. Visit https://meidastouch.com for more! Join the Legal AF Patreon: https://Patreon.com/LegalAF 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 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 Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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after the hearing that happened today to discuss the Supreme Court's immunity decision and how it's going to impact the Smith, the Jack Smith case against Donald Trump, the Washington DC case. So that came out hours after the scheduling hearing that happened this morning and the arraignment on the superseding indictment. So let's just recap what happened today.

And then I'll tell you what she ruled because she did not rule from the bench. She she hours later, she instead thought about it and then issued a two page scheduling order. So just to recap what happened today, Jack Smith, as you know, filed a superseding indictment in the January 6 case and took out, really slimmed down by about nine or 10 pages, and took out any reference to anything

in the big sweeping indictment that former President Trump is now immune from prosecution anything in the big sweeping indictment that he that President former President Trump is now immune from prosecution based on the big immunity decision that the Supreme Court issued July 1st, 2024 holding for the first time ever in the history of this country that presidents are essentially kings. Well, they didn't hold that. That's what one of the dissenters said. But that essentially that Donald Trump is immune from prosecution.

And for things that when he's doing his job, essentially things acting as president, he's absolutely immune for anything that is core presidential, within his core presidential duties. And they said examples of that are when he is dealing with his Department presidential duties. And they said examples of that are when he is dealing with his Department of Justice.

So for example, Jack Smith had to take out of his indictment any reference to the Department of Justice and Trump's efforts to use the Department of Justice to sow seeds of doubt as if there was some kind of election fraud, even though he was told over and over again that there was not. Then there's a second category where he's presumptively immune, meaning we're going

to presume that you will be immune, which means that because it's within the outer perimeter of your job description. So those are presumptively immune, but that can be rebutted, meaning the government can say, you know what, although those things might fall within the job description and on its face, it falls within it. I'm going to show you evidence that he was acting in his personal capacity or unofficial capacity.

And if they can meet the burden and rebut that presumption of immunity, then he can be prosecuted for those acts. But that stuff like his conversations with Mike Pence, who was not only his vice president, which I think would be considered in the core presidential duties, if they were acting as president his vice president, which I think would be considered in the core presidential duties if they were acting as president and vice president, but if they were acting as candidate for president Trump

and candidate for vice president Pence, in that situation, I think Jack Smith can rebut that presumption that it's within his job description. So it's not that automatically any conversation with Mike Pence is going to be immune. And then of course, there's the third category, which is unofficial acts and unofficial acts. You can be prosecuted, but if you're acting as president,

doing your job, you cannot be prosecuted for official acts. Now that's the only job in the country that has immunity like that. But, you know, that is what it is. And so Jack Smith pared down the indictment, took out anything that was core presidential duties or within the core presidential duties and therefore absolutely immune. And the new indictment today was not only the arraignment on the new indictment,

which means he has to be informed of the charges and enter his plea. He did it via piece of paper. He didn't show up in court today, which the prosecution was okay with, the judge was okay with. He entered his plea of not guilty, his lawyers did on his behalf. And then they said, okay, now what?

Now what do we do? The case has been paused for a while and the case has, we've been waiting to hear what the Supreme Court did, which they did. And now the case is back. We've been waiting for it to come back to Judge Chutkin and decide what what's next. What's going to happen next? And that is what they discussed today. As you can imagine, there was not a lot of overlap in agreement between the parties.

Trump wanted the case to go to be dismissed because because saying he's immune from being prosecuted completely. Also saying he wants Jack Smith to be dismissed. This case shouldn't have been brought to begin with because the special counsel is illegitimate. You're not allowed to appoint a special counsel. He cite and they cite to the Clarence Thomas concurrence in the immunity decision where he on his own brought up this topic that a special counsel is not legitimately appointed,

even though that issue was not before the court in the immunity decision. No one briefed it. And that was the decision that that Judge Cannon heard saw that this was a whisper or love letter to her. And she followed suit and took that that concurrence and promptly dismissed her the entire Mar-a-Lago case on the first day of the Republican National Convention as a gift to Donald Trump. And so and so they brought up that argument

and the judge was not having that. She basically said, well, that's not the law in the circuit. In the DC circuit, in 2019, the DC circuit, which is the appellate court that sits over her, not Judge Cannon, who is lateral to her, the same level of her in the Southern District of Florida. So that's not binding authority on her. What is binding is the D.C. circuit.

And she basically said, I'd like you to brief that issue and you bring it up of how how you could possibly raise that. And other issues came up as well today. And the one thing that they did say, though, is, look, it doesn't make any sense to set a trial date because both parties agree that whatever decision she makes on immunity, it gets to go up to the Supreme Court. So, you know, they want to have one appeal to the Supreme Court. And so she set a briefing schedule and looks let's talk about exactly

what's going to happen. A lot is going to happen in the next two or three months. I'll tell you that we are going to be very busy. There's a lot a lot that the parties have to do. So it says, upon consideration of the party's joint status report and the oral submissions during the September 5th, 2024 status conference, the court hereby orders all pretrial deadlines except as specifically provided by the court here and in its classified orders are stayed, meaning all previous orders are no longer applicable. They are on pause.

This is the order that controls the schedule. Number two, in the interest of justice and time, beginning August 2nd, 2024, and continuing through October 24th, that time shall be excluded from the Speedy Trial Act clock, meaning none of that time is charged to the prosecution. That's an important thing when you're calculating speedy trial because the government has speedy trial requirements.

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and use the code LegalAF to claim your free three-piece towel set and save over 40% off. Again, that's trymiracle.com slash legal AF to treat yourself. Thank you MiracleMate for sponsoring this episode. The court's August 3rd, 2024 order is amended in part. The court vacates its denial without prejudice of defendants motion to dismiss based on statutory grounds. That motion is reopened and the parties shall submit supplemental briefing on it as described below."

That's referring to her motion that she dis- that- that- that Trump made to dismiss the case on presidential immunity. She denied that, okay? She denied that before. That was appealed. So now she's saying, I'm reopening that. Now let's brief the the let's brief this issue based on the Supreme Court's new ruling. So the pretrial schedule is as follows. The pretrial schedule shall include the following deadlines, all of which are for 5 p.m. Eastern time on the listed dates. Very helpful because sometimes these things come in at midnight Eastern. The government.

So number one, the government shall complete all mandatory evidentiary disclosures, including those by Brady, Giulio, and Federal Rule of Criminal Procedure 16 and Local Rule 5.1 by September 10, 2024. Disclosure obligations remain ongoing. Brady is just anything that's exculpatory to the defense. That has to be turned over by September 10th and then ongoing after that. So number two, defendants reply briefs in support of his motion to compel and motion for

an order regarding scope of the prosecution team are due September 19th, 2024. The replied briefs shall also identify any specific evidence related to presidential immunity that defendant believes the government has improperly withheld. So essentially what they're basically saying there is that they want the discovery. They want to make sure that all discoveries turned over and and basically defendant, you identify anything that you think that Jack Smith hasn't turned over because he's turned over a million pages of discovery so far. So if there's anything that they think has been improperly withheld, that's your opportunity to do that by September 19th. Then number three, the government shall file an opening brief on presidential immunity by September 26th.

Now this is important because one of the things that was discussed today was who goes first? Is this a motion that the that the defense brings and says presidential immunity? And this is why the new indictment, the new indictment fails and and and should be and is covered by immunity. Or does the government file a brief on presidential immunity first? And so she decided the government goes first. The defendant will then respond. And then the government,

and they have to respond by October 17th. And then by October 29th, the court will determine whether further proceedings are necessary. And what's interesting about this is because Jack Smith indicated that in his brief, he wants to brief this and attach other evidence like grand jury testimony to amplify and support the factual record that that will show why, for example, Mike Pence, it was acting as vice president and not at I'm sorry, was not acting as vice president and not at, I'm sorry, was not acting as vice president, was acting as a candidate for vice president at the time

and therefore should not be immune. That sort of evidence, like his testimony before the grand jury, we are gonna see that attached to this briefing, that's huge. We haven't seen that before because grand jury material is secret. So that's a big deal, that's gonna be attached as well as other evidence that's going to prove

it's going to be a I think we're going to see a lot about what the trial is going to show. I think we've been talking about a mini trial that that shows the evidence. Well, instead this is going to be on the papers. So we're going to see we're going to see a lot of the government's case and that's going to be on September 26th. That's very, very soon. That's three weeks from now.

And then the defendant's response is due October 17th. And then the government gets to reply by October 29th, 2024. And after the briefing, the court will determine whether further proceedings are necessary. That's the mini trial that we've talked about. She'll decide after I see everything, do I need more? Do I need to amplify the record or do I have enough on paper? All of this is before the election. That's huge and that is what's

happening here. So then it says, defendant's supplement to his motion to dismiss based on statutory grounds is due October 3rd. The government's response is due October 17th. And defendants request to leave to file a motion to dismiss based on the appointments and appropriations clause is due October 24th. And the government's opposition is due October 31st. Defendants reply is due November 7th, 2024. So everything except that that last date is before the election.

Now, interestingly, the the request to leave to file a motion to dismiss based on the appointments and appropriations clause, that's the motion about the special counsel's illegitimate that he said he wanted to file. That's the one that's similar to Judge Cannon. So she's letting him make that motion. We know how she similar to Judge Cannon. So she's letting him make that motion. We know how she's going to rule, but she's letting him make that motion. And finally, the motion on statutory grounds

is going to be, I think it's going to address the Fisher versus United States issue and whether the decision that came down saying that the January 6 conduct may or may not fit the statute of obstruction of official proceeding. That was a case that the Supreme Court ruled on this term and how that applies to this case. So the scheduling order is out. Almost all of it, basically all of it is before the election.

And Jack Smith in his filing in three weeks is going to preview his evidence for us on paper. So big deal, a lot coming out of Washington today. And stay tuned, stay informed. Thanks for tuning in. I'm Karen Friedman, Agnifilo co-host of Legal AF and Miss Trial, where we discuss all things politics and law. Join us all the time in our hot takes

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