Legal AF by MeidasTouch - Inside Merrick Garland's SPECIAL PROSECUTOR OF TRUMP CRIMES announcement
Episode Date: November 19, 2022Bonus Episode! On this edition of Legal AF, legal experts Ben Meiselas and Karen Friedman Agnifilo discuss Merrick Garland's appointment of Special Prosecutor Jack Smith to handle the Trump criminal m...atters. As many of you know, Friedman Agnifilo is the former number 2 prosecutor at the entire Manhattan DA's office and worked directly with Jack Smith for years. Shop Meidas Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Learn more about your ad choices. Visit megaphone.fm/adchoices
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Merrick Garland just announced the decision to appoint a special prosecutor to investigate Trump's potential crimes
relating to January 6th and Trump's crimes for stealing government records, including top secret records and
obstructing that investigation. The
that investigation. The special prosecutor attorney general, Merrick Garland, has appointed is someone by the name of Jack Smith, a career
prosecutor with the Department of Justice. And before that, he worked at the
Manhattan DA's office. And most recently, a war crimes prosecutor at the Hague. Yes, Attorney General Merrick Garland has appointed
a war crimes prosecutor as the special prosecutor
to investigate Trump's potential crimes
and make a final decision whether to charge Donald Trump.
With us today is Karen Friedman Agnifalo,
an attorney who worked at the Manhattan District
Attorney's Office for almost 30 years.
She was the number two deputy at the Manhattan DA's office.
So she knows Jack Smith.
She works with Jack Smith.
And we will hear for the first time on the Midas Touch Network you
are not getting this anywhere else direct information about who Jack Smith is, what type
of prosecutor he is, from someone who actually knows Jack Smith.
Karen Friedman Agnifalo is also the host of Legal AF on the Midas Touch Network.
Karen Friedman Agnifalo, welcome to this special edition.
Great to be here.
So first, before getting into Jack Smith's background
and what you know of Jack Smith,
let's play the clip today where
Attorney General Merrick Garland announced the decision
to bring in a special prosecutor
and why he would be bringing in a special prosecutor
to investigate
Trump's potential crimes.
Play the clip.
Based on recent developments, including the former president's announcement that he
is a candidate for president in the next election, and the sitting president stated intention
to be a candidate as well, I have concluded that it is in the public interest to appoint
a special counsel.
Such an appointment underscores the department's commitment to both independence and accountability
in particularly sensitive matters.
It also allows prosecutors and agents to continue their work expeditiously and to make decisions
indisputably guided only by the facts and the law.
Then attorney general, Merrick Garland announced who would be the special prosecutor Jack
Smith and then talked about Jack Smith's impeccable legal background.
Let's play that clip.
Today, I signed an order appointing Jack Smith to serve as special counsel.
The order authorizes him to continue the ongoing investigation into both of the matters that
I have just described and to prosecute any federal crimes that may arise from those investigations.
Mr. Smith is a veteran career prosecutor.
He began his prosecutorial career in 1994 as an assistant district attorney with the
New York County DA's office.
In 1999, he became an assistant U.S. attorney for the Eastern District of New York, where
over the course of nine years, he prosecuted matters ranging from gang murders of police officers
to civil rights violations.
From 2008 to 2010, he served with the International Criminal Court
where he supervised war crimes investigations. In 2010, Mr. Smith returned to the Justice Department
to serve as chief of the public integrity section, where he led a team of more than 30 prosecutors
who handled public corruption and election crimes cases across the United States.
In 2015, he agreed to serve as the first assistant
U.S. Attorney for the Middle District of Tennessee,
later becoming the acting United States Attorney.
Most recently, Mr. Smith served as a chief prosecutor
for the special court in the Hague
charged with investigating and adjudicating war crimes
in Kosovo.
Mr. Smith will begin his work as special counsel immediately, and will be returning to the United States from the hagg.
So two points I want to make before bringing Karen Friedman Agnifalo
in here to talk about Jack Smith.
First, whether you like Merrick Garland or don't like Merrick Garland,
and I see a lot of comments saying Merrick Garland punted, fire Merrick Garland.
Let's take that position for a second, Karen.
If you don't like Merrick Garland, you should be happy about this decision because he's
appointing a special prosecutor who's not Merrick Garland.
He's appointing a very successful and diligent war crimes prosecutor
So if you didn't like Merrick Garland, you should be high-fiving right now that we got someone else who's doing the prosecution right?
And if you like Merrick Garland, you would say this is typical Merrick Garland, which is why some people don't like it sometimes
It's the right legal call. He's not doing anything that would in any way kind of jeopardize the impartiality of the
Department of Justice.
He knows there is an able person in Jack Smith to engage in this investigative effort.
Unfortunately, it's one of the strangest things in the world that you have a former guy.
I don't even want to call him a former P word, but the former guy who's brought so much disgrace to this country
who continues to engage in criminal conduct and open and obvious ways who just announced in a humiliating press event
that he held earlier in this week that he would be running for president again and where you have the Department of Justice, which is an arm of the executive branch, Biden's
executive branch, and Biden will be running. I think for the legacy of the
Department of Justice, it was a hard decision for Merrick Garland to make, but he
had to make that decision. But if you don't like Merrick Garland, it's great. We got
Jack Smith. So that's the first point I want to make there.
And then the second point I want to make is that,
look, Merrick Garland has handled the investigations
of Trump thus far before the appointment
of this special prosecutor very diligently.
And look, everybody here seems to be a fan
of the January 6th committee, I am, but take this as an example.
During the January 6th committee, remember Pat Zipaloni and some of these other witnesses who testified, they weren't able to answer certain questions because of executive privilege. Do you remember during the hearings, they would say, oh, I can't answer that.
That's because the January 6th committee
based on their mandate and the timeframe
was not able to really file any motions
to overcome an assertion by Trump,
a BS assertion of executive privilege.
But guess what, the Department of Justice
has been fighting in secret.
And you may say, Oh, man, it's
secret. Well, criminal grand juries take place in secret. So we don't get to see the work
that Merrick, Arlen and the Department have justice has done up until this point. But
we do know there are two criminal grand juries in Washington, DC that have been very busy where the department of
justice just recently, like in the past month, has gotten favorable rulings that Trump
can't assert executive privilege. So for all the people who say, look, he should have prosecuted
him three months ago or four months ago. I would have loved that to be the case. I that'd be great. But let's play it out. So you call
Pat Zipaloni, you call Patrick Filman, you call Mark Short, vice president, Penns' former chief of
staff, you call Greg Jacobs, former vice president, Penns' former general counsel, you call the people
to the stand. Your honor, I'm calling Pat Zipaloni. Zipaloni takes the stand and then the prosecutor asks the question, Mr. Zipaloni, what did Donald Trump tell you?
Please, Mr. Zipaloni and what does Zipaloni say?
I can't answer that executive privilege.
And then the judge looks at the prosecutor and says, did you address this issue?
I know we didn't because everybody on Twitter wanted us to file the lawsuit four months ago.
I'm sorry, Judge.
We had to bring this to trial
because everyone on social media
was angry at Merrick Garland.
No, you have to go through the steps.
And I hate that those steps exist.
I wish I'm rooting for Trump to be prosecuted
far sooner, but we have to go through the steps.
And the Department of Justice has filed the motions. They've gone through it. and he's gotten a lot of money. He's been working for the state for a long time.
He's been working for the state
for a long time.
He's been working for the state
for a long time.
He's been working for the state
for a long time.
He's been working for the state
for a long time.
He's been working for the state
for a long time. He's been working for the state for a long time. He's been working for the state Fonney Willis, not the January 6th committee, the DOJ has that. And now they hand this over to Jack Smith.
And Jack Smith, someone who investigates and prosecutes more crimes, most recently in
Kosovo, is the person you want on this.
And so that's how I view it, Karen.
But you know Jack Smith.
So you know Jack.
So tell us about Jack.
So Jack and I started around the same time at the Manhattan DAs office.
And the Manhattan DAs office is a big place and they group you in these small.
We came up together. We were trained by the same people and we worked on cases together.
And Jack, so I do know Jack and he is a prosecutor's prosecutor.
Even back then in the 90s, he had one of the reputations
in the office of being a superstar and of being one
of the best lawyers in the office.
And he's also, by the way, just a great guy
and a really nice person.
But he has a reputation, and I've known him for now
for almost 30 years.
He is somebody who is, like I said, he's a prosecutor's
prosecutor.
He is the guy who knows how to not just investigate a case, but to make a case.
If anyone was worried whether Merrick Garland was prosecuting Donald Trump and investigating
and prosecuting Donald Trump, by asking Jack Smith to take over and hand the reins over to him, I no longer have any
doubt that Donald Trump will be prosecuted if there is a case to be made.
Also, Jack Smith would not have taken this position.
I don't have insight information, but just knowing him.
He would not have taken this if this was not a serious investigation that could lead to
prosecution if that's where the evidence leads.
So this is a great signal and great sign for the cases because it means that there is a
very significant, serious, non-political, non-partisan investigation going on because that's
Jack Smith.
Jack Smith, he's worked both in the Eastern District of New York at the US Attorney's Office,
where he was a supervisor and he led lots of trials and prosecutions there.
He also worked for main justice, where he investigated, supervised, and prosecuted some
of the biggest public corruption cases in the United States.
And yes, he's also gone to the Hague and most recently,osovo for war crimes, but his deep background in prosecution
is public corruption, white collar crime, and crime in general. And he is the guy who will bring
cases without fear or favor. He is the guy who will put politics aside. I don't even know what his
politics are because that's the kind of guy Jack is. He doesn't do things for political reasons. He follows the facts where they lead
and he has no problem bringing cases
if a crime was committed.
And so just both, like I said,
the appointment of Jack Smith,
means Mara Garland, is serious
and that if there is a case to be made,
they will make the case.
And the fact that Jack accepted this position,
I think, is a great sign for justice and a great
sign that this will be investigated to its fullest, and it will be prosecuted if that's
where the facts lead.
But one thing I just want to say about what you were saying, Ben, which is so important,
which is when you are investigating a case, you do have to, it's like pulling threads,
you know, and you have to pull every single thread, and that's clearly what
Merrick Arlen's Department of Justice has been doing up until this point. But, you know, you can investigate something to death. At a certain point, you have to also make a case.
And being able to, you know, there are some, there are some prosecutors who are great investigators, but they're not great case makers. Jack Smith is a great case maker.
So he will do this case and he will do a great job on this case.
And wherever it lands, I will feel confident that it was the right thing and the only thing
that it could be done here.
Also I want to just say that I give Mayor Garland a lot of credit
for appointing a special prosecutor,
because it's so clear that Donald Trump,
you know, the only reason he announced that he's running again
is hoping that he won't be prosecuted.
I think he can clearly see and feel the circle closing in around him.
And he's hoping that he he by throwing his hat in
obviously that you know he can say all the things he always says you know
witch hunt political all this other stuff so by again pointing someone who's
just nonpartisan prosecutors prosecutors special prosecutor like Jack Smith
that is that is one of the great decisions and I really give Mara
Garland a lot of credit for that. It's just fantastic decision.
You know, as I see some of the comments and some of the posts on social media that are very critical would be putting it lightly of Merrick Garland's decision here. People saying Merrick Garland punted and why in the world do we now have this special prosecutor.
and why in the world do we now have this special prosecutor?
I think a lot of people have Robert Mueller, PTSD. And to your point, Karen, in Mueller,
you had someone who marshalled all of these
investigative resources, but ultimately was not a casemaker
and was kind of, this would be putting it nicely,
too cute by half or too smart by half,
tried to like put in the footnotes a road map
for later people to come along and say,
hey, we should prosecute him for that,
but really didn't understand the assignment,
but in stark contrast to a Robert Mueller, right? You have Jack Smith.
And Jack Smith is someone as you state who builds cases for prosecutions and has done that his
entire career. His entire career. And so for those people who think, oh, this is going to delay
things, it's the opposite. He's going to, I mean, this case is being investigated. He's going to come
in and he's going to take everything that's been done and turn it into a case. So to me, this is
the opposite of delay. This is, now we can go and we can make this case because it's not like the
people who've been working on this case are going to stop working on this case. They'll be assigned
to him. I'm sure it's just that it won't be Merrick Garland as the ultimate prosecutor.
It'll be Jack Smith, who's the special prosecutor in charge of directing the investigation, of
telling people what to do next, where to go, making the decisions, for example, of who to
immunize and who not to immunize and who to put in the grand jury, who to give a deal
to, and make
tough decisions.
And frankly, if it turns out that there is no case to be made, Jack Smith can make that
kind of tough decision, too.
He will do the right thing because that is who he is.
And if anything, we'll make this go faster, not slower, because he is a rock star casemaker.
So what do you think? By the way, he's also great. will make this go faster, not slower, because he is a rock star casemaker.
So what do you think? By the way, he's also great. Jack Smith, that you're going to say he's a good trial lawyer?
Yes, I was also going to say he's a great trial lawyer,
so if this case goes to trial, he's fantastic.
He can handle, he can go up against anybody, and that's what you need.
So walk us all through the process now of what happens next.
So Merit Garland acts decisively. You have Trump's
humiliating announcement early in the week and Merrick Garland realized in that kind of,
I don't know if you can call it a cat and mouse game when Trump is a, okay, a cat and a rotten
rat game, which is like the cat and mouse of move counter move.
And all of Trump's moves always appear to be leading to just further incriminating
himself.
But Marik Garland acted decisively.
He makes this announcement today.
And so, you know, he had been pondering the decision to appoint a special prosecutor
before.
Trump makes the announcement.
He's got a call, Jack Smith, and say, hey, you free.
Can you come back from the egg, you know, over here,
Jack Smith agrees to do it.
They hold the press conference today.
What happens next?
Does Jack Smith show up in an office?
That's ready for him.
Does he get a team?
Does he start getting the files from the grand jury?
Like what literally is gonna actually take place over the files from the grand jury? Like what literally is going to actually take place
over the next few weeks and months?
Yeah, so exactly what you just said,
he'll get a budget, he'll get a team,
he'll get some of the people who are already working on it.
He'll get to review all of the files, all of the materials,
and everything that's been done so far,
all the secret information and secret materials
that none of us have seen, you know,
whether there's grand jury material
or stuff that they've received in search warrants
or subpoenas, whether it's phone records,
whether there's been any sort of investigatory information
that has been developed over time.
He will have access to all of that
and he will also have access to resources to decide,
okay,
I want more, you know, go follow this lead down.
Okay, this one's a dead end.
Don't do this anymore.
We need more resources over here.
You know, he'll have access to start making those decisions.
I am sure there are a lot of decisions that need to be made that have been on hold because
of the midterm elections and Donald Trump's announcement.
So I'm sure one of the first things they're going to do after
they catch him up is have him make whatever decisions
have been on hold about the really tough decisions.
I mean, we know the investigations have really been climbing up the chain
trying to get to the top. And so that's where the really tough decisions are,
because now they're going to have to start deciding,
okay, are we going to maybe flip somebody
so that they will cooperate against somebody higher than them,
which is how it's normally done.
And those are tough decisions, because you're letting someone
who committed a crime get away with it, or at least get a lesser punishment for it in order to get someone get a bigger
fish.
The way prosecutors have done since the beginning of time, the people always criticize Sammy
the Bull who got five years for 25 murders.
I don't remember if that's exactly what it is, but something like that, you know, to get the top mafia boss. So, you know, and that's what you, that's what, how you do it. And so
he's going to have to make decisions about, you know, whether or not you, you flip some of the,
the people that you talked about earlier, you know, the lawyers, you know, the Rudy Giuliani's and
his crew, you know, those types of people,
and the people who were in positions of authority
to see, or at least give them immunity,
to see if they would cooperate and testify against him.
So he's going to be making those types of difficult decisions,
I think, because that's where we are.
He'll also be making decisions about whether to prosecute
some of these people.
So I suspect that we're going to be seeing a lot of activity, a flurry of activity in
the coming weeks about both the Mar-a-Lago classified documents investigation and the
January 6 insurrection.
And we're going to know a lot more about where they're headed based on
activities that we will see publicly.
Look, I am not an attorney general,
Merrick Garland apologist, but I need to push back on some of the falsehoods that are just out there
about the Department of Justice's investigation.
People act like Merrick Arlen hasn't been doing anything
and all of a sudden he's just realizing,
oh, do I need to do something with Donald Trump?
That couldn't be further from the truth.
There are at least two secret grand juries
in Washington, DC that we know of
that have been issuing subpoenas by the dozens. in Washington, D.C. that we know of,
that have been issuing subpoenas by the dozens.
Subpoenas and search warrants and getting phones
and going through all of these records
and all of this information.
And then when you have to,
you know, here's the rewind for one second
and just say this too,
because Donald Trump was a former president,
even though his arguments about things
like executive privilege are completely without merit,
nonetheless, the awesome powers
that our constitution has vested in the presidency permits Trump to delay and make arguments that nobody
else could possibly make. And that's why it is delayed longer. Like when Trump makes a claim, a bogus
claim for executive privilege, the people who work for him like Pat Zipolone is former top lawyer and Patrick
Filman, Zipolone's top deputy, and all the other people like Mark Short, former vice president
Pence's former chief of staff and Greg Jacobs, the former general counsel to former VP Pence,
all these people have to follow it. So what ends up happening is they get subpoenaed, they show up like over the summer to have their
testimony taken before a grand jury, they're compelled to invoke these privileges, which are bogus.
The Department of Justice has to file motions. Those motions can't be heard overnight. That's just
not the way our legal system works. It's unfortunate, but there's a motion calendar. There's a schedule that gets heard. It gets heard before the
judge who oversees the grand juries, Judge Barrel Howell, and Judge Barrel Howell rules
in favor of the Department of Justice. Then the Department of Justice has to compel those same people to testify again before the
grand jury get the additional testimony and they have to do that with each
person. And so if you don't want the Department of Justice to do that, you will
wind up in a scenario, like I said earlier in this recording, where the
Department of Justice calls a witness and
says, Your Honor, we got to get the show on the road here because social media wants us
to get the show on the road.
And we just know, we know Trump is guilty.
Come on, we all know that.
So what have we been doing here, judge?
So we're starting trial.
We're ready to go.
Okay, you're ready to go.
Call your first witness.
We call Pat Sipaloni,
because we know Sipaloni, Trump's lawyer
is gonna give the blockbuster testimony
that's gonna show the intent element.
So Sipaloni takes the stand
in the Department of Justice goes,
so Mr. Sipaloni, what did Trump say to you
on January 6th and Sipaloni, what did Trump say to you on January 6th,
and Cipolloni goes executive privilege?
But your honor, your honor, force him to answer.
The judge will go, department of justice,
did you file your executive privilege motions?
No, no, no, we didn't do that.
Well, why didn't you do that?
Social media, social media said, we need to,
we need to just get the show on the road right away.
And that's why we didn't look.
I am frustrated that the process is taking slow, but objectively looking at it, they
are going through the necessary steps that they actually have to take to make sure that
when a trial takes place, they have that evidence before
them. And then I see people say sometimes, well, if this was anybody else, other than Trump,
we'd be indicted tomorrow. Of course you would be because you were not a former president of the
United States, who used the machinery of our constitution against us because in 2016 a huge part of our population said, you
know what Hillary Clinton, Donald Trump, whatever, roll the dice.
Let's just get the authoritarian and see how that works out.
And so that is something that is important to reflect on that when someone is vested
with awesome powers as a former president is, they can make those objections
and the work has been done to file all of these motions to get around it. So here is a question
I want to pose to you, Karen. Do you believe, let's just react to some of the comments.
Too much pressure on Merrick Garland. He couldn't handle it.
What do you say to that? I think that people don't understand
how much politics, and I mean,
just people claiming that a investigation
or prosecution is political,
how much that can tarnish a criminal prosecution
and investigation.
People have to believe in the case.
You have to believe that the case has integrity. And anytime that you have somebody that you're
investigating who just declared that they are running and they're from a different party,
they're at least is the appearance of impropriety or the appearance of a conflict of interest.
And Donald Trump could make the argument that this is political because Merrick Garland was
appointed by Joe Biden obviously.
So and Joe Biden potentially at least his party is going to run up, is going to run against
Donald Trump.
And so you just don't, you both don't, you don't want to have the appearance of a conflict of interest.
You also don't want to set up a scenario where, where if, if there's a Republican,
um, president next, you know, then they're going to investigate Biden because, you know, it's just going to, you're going to go back and forth constantly,
uh, and investigate your predecessor. You just don't want to get into,
you don't want to, to me, have always said,
you don't want to infect criminal prosecution
with politics.
It's just they don't belong together.
Prosecutions and investigation and prosecution of crimes
really should be without fear or favor.
And it should have nothing to do with what political party
you are or who you are.
And so I think, Mayor Garland had to do this and had to make this independent because you
have to, if there is a prosecution, the whole country has to believe in it.
And it can't appear to be political, even if it's not political, there is always that
appearance.
And so he had to do this.
This has nothing to do with being afraid.
What's there to be afraid of, by the way?
You know, when you prosecute cases,
you prosecute powerful, big people all the time.
So I don't know why he would be afraid to do this.
So that to me doesn't seem to resonate at all.
This is the right decision.
And if there's a case to be made,
it, Jack Smith is the guy who will do it.
Karen, the next question, I'll let you answer even though
it's directed at me.
Hey Ben, instead of rambling on,
can you please answer our questions?
How long will it take Jack to get up to speed?
And Karen, you believe that it's gonna go faster
because Jack Smith's involved now, huh?
Getting up to speed is not that hard, especially if you're somebody who has supervised criminal
investigations for their entire career.
When I was the chief assistant at the Manhattan D.A.'s office, I supervised thousands of cases
every year.
People would come to you and ask you to make decisions.
I don't know the case the way they did,
but I had the judgment because I've been prosecuting cases
for decades to know the questions I need to ask
and the information I need in order to make decisions.
And so it's not going to take Jack more than a couple of weeks
to get up to speed and know these facts as well as anybody else,
but also to be able to make decisions
during that time about what needs to happen because he has a very, very deep knowledge
and experience that will guide him and he will know exactly how to answer questions quickly.
So that, again, I'm not worried at all.
Karen, I want to remind all of our viewers and listeners out there that you worked at
the Manhattan DA's office for almost 30 years.
You were the number two ranking person in the Manhattan DA's office.
You were the number two deputy and one of the most, if not the most distinguished prosecutorial
office in the country.
And you worked with Jack Smith. And so this isn't Ben
rambling, although maybe it's a little Ben rambling, but I brought Karen Friedman Agnifolo on,
who knows Jack, who knows Jack Smith, who worked with Jack Smith. So she knows Jack Smith, not just by
So she knows Jack Smith not just by reputation, but by his actual acumen as a prosecutor, the work he did in the Manhattan DA's office in the community of lawyers in New York and
Karen Friedman Agnifalo who oversees thousands and thousands of lawyers at the Manhattan
DA's office. She also knows how these prosecutions work.
And that's why it's not just me and someone just saying,
Hey, this is how we feel today.
That's not what we do on the Midas Touch Network.
We look at the objective data.
We talk about where we're at when we provide you with the facts.
And these are just what the facts are.
Karen, note with that background. So all our new viewers know your background who don't
know about your background.
Here's a question that someone asked and they go, why is the attorney general so incompetent
that they can't bring this home?
Why do they have to pass this off?
This whole social media argument you are making, Ben, is a straw man. What do you
say to that, Karen?
I think if Donald Trump hadn't announced that he was running the 15th, I don't think we
would be here. But the minute Donald Trump, look, Donald Trump, I don't know if he actually
is running or not, but it's so clear that the reason he declared his candidacy is so that he knows that the Joe Biden's
justice department would have at least an appearance of a conflict of interest if he
declares his candidacy.
So that was his game that he's playing so that he doesn't get prosecuted because he sees
that the circle is closing in on him.
And so, Marik Garland had to do this, but you know, Marik Garland saw this game.
It's like a game of chess.
Everybody knew Trump was going to announce, and Marik Garland knew why he was doing this.
And so, Marik Garland, we've been hearing about the potential for a special prosecutor
for weeks now, knowing that this was coming because Marik Garland knew that that is what
has to be done, given at least the potential or the appearance of a conflict of interest.
And so he was prepared.
And I'm sure he's been talking, I'm sure he didn't just pick up the phone and call Jack
today.
I'm sure he's been interviewing people and talking to various people and trying to find
who would be the best person for this job, because this is obviously,
this is a fraught with peril position, right?
This is, he's gonna be attacked by Donald Trump.
He's gonna be dragged through the mud by Donald Trump.
They're gonna make all these accusations about him.
So they had to pick someone who's the real deal.
I challenge people to find somebody
who can say something negative about Jack Smith's professional
abilities.
He is a prosecutor's prosecutor.
In addition to beginning and training and learning at the Manhattan D.A.'s office, he
went on to absolute incredible career success that he earned himself.
He worked for the U.S. Attorney's Office in the Eastern District of New York, where
he supervised many, many, many cases. He made cases. He tried cases. I mean, he's done everything
from violent crime to white collar crime to sex crimes. I mean, Jack's done everything.
He also then worked for the ICC and the Hague, the International Criminal Court, where he prosecuted war crimes.
He's also then came back and worked
at the Department of Justice, and he was the supervisor
for the entire United States of America
for all the prosecutions of public corruption,
including election fraud.
So he has experience in both investigating and prosecuting
and making cases of public corruption,
and that's exactly what he needs to be able to do.
And the insurrection is a violent crime.
I mean, he has the whole experience, the white collar, the public corruption, and the violent
crime experience.
And you've got all three of those here.
And so in the end, you know, and now he's, I think, the chief of the Kosovo, you know,
the international Kosovo prosecution.
He's not just known in New York or respected in New York.
He's respected in the entire United States,
and he's respected, frankly, in the entire world.
Because he has supervised prosecutions
in the international criminal court,
the federal courts, all across this country.
He was also, I forgot, he was the acting United States
attorney in Tennessee, and he was also, I forgot, he was the acting United States attorney in Tennessee
and he was also a local prosecutor. So this guy, you know, I keep saying it over and over again,
but he's a prosecutor's prosecutor. This is the real deal. He's the best one that they could find.
And this to me is a signal that a case, if a case can be made, it will be made and it will be made hopefully soon.
So to use a trite sport analogy, we got essentially the LeBron James in his prime of prosecutors
here who have been appointed.
And as I've said, look, if you don't like Merrick Garland, if you think that Merrick Garland
is weak and that Merrick Garland was not the right person
to handle this. And that's how you feel about it. I think this should be welcome news for you
because, as Karen said, as a 30-year prosecutor and Karen's someone who has run the Manhattan
District Attorneys Office, she's the number two there. So she knows about how these cases work.
There is not going to be any delay at all caused by this. This is a handing of the baton. And
somebody like Jack Smith will be easily able to jump into this right away. So there's no delay.
And that's coming not from just me that's coming from Karen Friedman-Egnifalo,
who actually did and does these things.
So that's number one.
And number two, if you don't like Merrick Garland,
now you've replaced Merrick Garland
with a prosecutor who builds cases successfully here
and abroad against war criminals
and has handled some of the top investigations
and criminal prosecutions here.
So I just think whether you are or aren't a Garland fan,
this news isn't bad news.
It's just an update and provides additional data
on where these investigations are going.
And Karen, after everything you've said about Jack Smith
and the type of prosecutions that Jack Smith has in his career,
Jack Smith seems to be the type of person you'd want right now
in this situation.
And you've said, based on all of your experience,
and by the way, Karen, for people who watch Legal AF,
you've been critical of Merrick Garland.
Like you haven't been like, like this isn't for you.
If you go back and watch lots of legal AFs, you're one of the more critical voices out there
about Merrick Garland.
But you view this move with all of the criticisms you've had, you view this move from the lens
of being a veteran prosecutor that you are and you go, wow, this actually was the right
move. And it seems like this is actually showing that they want a prosecutor, that they're
going to, that they're going in the right direction.
Yeah, no, I look, I, I shared many people's frustration.
First of all, that there was that, that first year that it didn't seem like they were
really serious about getting to the top people in the January 6th insurrection.
And you know, of course, the 800 or so prosecutions of the
lower, I would call them lower level people, although they
are violent, horrible criminals and deserve to be
prosecuted.
But, you know, until the Congress did the Jan 6th hearings,
it doesn't seem like the Justice Department really was
taking the
insurrection seriously.
And so that was where most of my frustration came from, is I felt that we lost some time
and lost some ground.
But the hearings definitely seemed to have caused things to ramp up in the various investigations.
And the frustration, though, that I was feeling is,
it's not that, take whatever time you need.
I agree that prosecutions and investigations
take a lot of time.
But at a certain point, you have to build a case.
And at a certain point, you have to pull the trigger.
And I was just getting concerned that it wasn't going fast enough, but it seemed like it was
not going as fast as it could.
But like I said, putting Jack Smith on this case, the fact that Marik Garland chose him,
that means that frankly, I think there's a case to be made and that
it's going to be made. And it's going to be made very quickly because that's, but it's
a huge, huge signal in a very positive direction that both that Jack Smith was asked to do this
and that he agreed to do it. So any doubts I had about Merrick Garland and this investigation at this point now,
I just can't wait to sit back and watch and see what happens because like I said, this is
fantastic news. Karen Friedman Agnifelo, there's really no one out there who could be speaking to
the media about today's announcement that I'd rather hear this from than you.
And again, for all of those who have been watching and those who are just tuning in now,
Karen Friedman Agnifilo worked at the Manhattan DA's office for almost 30 years.
Karen, most people don't believe that they believe that you would have to have started
when you were five years old for that to, for that to be the case.
I've seen a lot of comments like that, but it is true.
Karen Friedman Agnifalo worked at the Manhattan D.A.s office
for almost 30 years.
She was the number two deputy,
essentially running the Manhattan D.A.s office
while she was there.
While she was there, she knows Jack Smith.
She worked with Jack Smith.
She can speak to his character and what he would likely do here.
Karen Friedman Agnifalos bin skeptical of the Department of Justice's conduct up until this point.
And when this announcement was made today by Marik Garland, Karen called me up and she was like, Ben, and I thought Karen was going
to say to me, all right, you know what, like Marik Garland's just passing the book or Maris
was more delay, because Karen has been a critic rightfully so and holding people accountable.
That's what we do here too on the Midas Touch Network, but Karen said, no, Ben, Jack Smith,
you don't get it.
Jack Smith's the real,
Jack Smith's the real deal right here.
And this is actually showing me
that Merrick Garland thinks there's a case
because you don't bring in Jack Smith
if you don't think there's a case
because you wouldn't set Jack Smith up
kind of even for a failure like that.
Like you don't bring in someone like that on a dud.
If you know it's just gonna collapse.
And Jack Smith, he wouldn't take a dud.
Jack Smith wouldn't have taken that.
Karen, before we go, final words.
Jack Smith is just, you know, he's ethical, he's smart,
he's a fantastic investigator, he's a casemaker,
and he's a prosecutor's prosecutor.
So this is a great choice on the part of Merrick Garland. I say sit back everybody and watch what he does.
This is the best choice that could have been made for this case.
Karen Friedman Agnippola, want to remind all of our viewers and listeners. If you want to support
to remind all of our viewers and listeners, if you want to support independent media like this, you can check us out at patreon.com slash might as touch. Consider becoming a patron of the
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So none of those millionaire and billionaire outside
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we are 100% independent and 100% accountable to you
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That's why even if we have a respectful disagreement,
I'll go through your questions.
I'll do my best to answer them
and we can see where it nets out,
but we just wanna give you the data.
And this isn't about talking heads
and just bringing on people who are just gonna give you
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The real deal is here at the Midas Touch Network.
We had Karen Friedman Agnifalo on today's show
who worked at the Manhattan DA's office for 30 years,
who worked with Jack Smith.
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