Legal AF by MeidasTouch - Jack Smith has FAST TRACK to CRUSH Judge Cannon

Episode Date: July 19, 2024

Don’t be too concerned by a new order which in on its face stretches the appeal process out beyond the summer just issued by the 11th Circuit in the Special Counsel’s appeal of Judge Cannon’s dismissal of the Mar a Lago indictment by declaring the Special Counsel unauthorized and illegitimate. Michael Popok of Legal AF who practices before the 11th explains why he expects a faster briefing schedule to be ordered to allow the court to reach an appellate decision by August. To boost YOUR NAD+ levels up to 50%, Go to https://qualialife.com/TRUTH for up to 50% off and use code TRUTH at checkout for an additional 15% 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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And hiking with them. Is that a squirrel? Bear! Run! Collect more moments with more ways to earn. AirMiles. This is Michael Popak, Legal AF, with some new developments in Florida in the special council's appeal of Judge Aline Cannon's dismissal of the indictment against Donald Trump, finding that the special counsel was invalid, illegitimate, and unauthorized

to bring the indictment against Donald Trump. You know from prior reporting that there is an appeal, a notice of appeal, that's been filed by the Department of Justice. Special counsel got special permission from the Department of Justice. Special counsel got special permission from the Department of Justice, his boss Merrick Garland to file. And now the new reporting is not only has the 11th Circuit accepted the appeal, but has spit out a form response setting a briefing schedule. But the purpose of this hot take is to tell you that not all hope is lost in terms of the timetable. The 11th circuit always generates a form response to a filing. As long as the filing

is accepted because it's in proper format, there will be an automatic generation of an order. We just got one today which sets out a 28 day initial schedule, initial calendar timetable for the filing of things in the case like the initial brief. But some people might be thinking, uh-oh, that's 30 days away. That burns the rest of July. That moves us into August and we don't even have full briefing yet. But I'm here to tell you that we had a very similar order back at the beginning of the case in 2020, in 2023, when the special counsel appealed Aileen Cannon's decision to improperly interfere with an ongoing criminal investigation even before Donald Trump was indicted. And what we had was right after that a

replacement order by the actual three-judge panel of the 11th Circuit. Once they are convened, once they are assigned randomly by the 11th Circuit clerk and the and the wheel, the algorithmic wheel that's supposed to do random assignment, they, and especially on a request by the special counsel or any party, can expedite matters. I expect that they will not live and die by this form order, which says that if no transcripts are ordered, the appellants brief, the brief of the United States would be due 40 days after July the 18th. I don't believe it's gonna stay on this normal track.

I think either because of a request by the special counsel or on their own, what's called suespante, by the three judges that are selected of the 11th Circuit sitting in Atlanta, we're gonna see an expedited briefing schedule. Because the dismissal of the indictment and the decision by Judge Cannon to do that as an outlier, as an aberration, as a fringe decision, can't stand and can't stay and justice denied is justice, justice the latest justice denied. I think that's how the three judges are going to see it. I think as soon as the three judges are assigned or soon thereafter,

maybe even before this weekend is over, we're going to see the special counsel asking for expedited briefing, expedited appeal. And given the track record of the 11th circuit, having granted expedited briefing and expedited appeal and exped the track record of the 11th circuit, having granted expedited briefing and expedited appeal and expedited oral argument resulting in an expedited decision, I think we're going to see something like that now. That'll give the parties the comfort of knowing they're going to get a decision sometime, let's say in August, not in September or October. We can forget about the election calendar. Let's focus on the legal calendar and the milestones there. So while the reporting is going to be, well, the briefing in

the case is not going to be until sometime in late August, maybe September. I'm here to tell you, I think, practicing it before the 11th circuit, things are going to move much quicker. And while we shouldn't ignore any kind of form order that's generated, especially the one that was just generated today, I don't want people to be disheartened by the timeline. I think that timeline, and I believe that timeline, is going to change as soon as we see the appearance of the three judges assigned. They can do it on their own, as I said, or a request by the special counsel. Let me read to you from this document,

just so we can do a little bit of a legal AF teachable moment. It is a criminal docket notice dated the 18th of July. And again, these are form dates that are set by software, not by a live person setting the dates. As soon as the notice of appeal is determined to be in regular form and format, which it was and it's accepted, we're not kicked back by the electronic docketing clerk.

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with there's gonna be a payment of a fee for filing, a filing fee that's due in 14 days. I'm sure the US will find a way to scratch up that money. And then it goes on to page two, talks about disclosure forms that have to be filed, interested party disclosure forms. And then it gets down to the requirements of the actual appeal on page two of the document. And again, unless it is altered by the actual live human judges that are assigned on request usually by the special counsel,

this is going to be the timeline. Within 21 days of the date of this notice, all appellees participating in this appeal must file a certain notice and complete a case notice. And that's within the first 21 days from the date of the notice. Then in terms of the filing of briefs, that's going to be, as it says at the top of the page, appellant's brief, which is the opening brief, the appellant is the top of the page, appellants brief, which is the opening brief, the appellant is the party taking the appeal, the appellee is the party on the other side. Appellant here, the United States of America, special counsel's office,

and on the other side it is the Trump side, that's the appellee side. So the appellant, the opening brief, would be due unless there is a change, you see the thematic here on this hot take on 40 days after 7-18-2024, which would put this somewhere towards the very end of August for the opening brief.

And then other briefs flow from there on timetable, the appellee would have to go sometime 15, 20, 30 days after that. That is the requirements in certain filings that have to be done. People have to be admitted to practice in the 11th Circuit. I'm not sure that the lawyers for Donald Trump, Blanche and Kise and others are admitted in the 11th Circuit. Chris Keiss probably is, he's been a Florida lawyer for a long time. That's where Todd Blanch is, often move for special admission

and get admitted in the case so that they can be recognized. And that's what we've got. So we've got a notice of docketing, but I really wanted to manage expectations here and say, look, this always gets generated. One of these got generated, two of these got generated back two years ago when Alien Cannon was appealed and her decisions to interfere

with the actual execution of the search warrant and the review of the results of the search warrant when two separate three judge panels of the 11th Circuit, her bosses, including one panel with William Pryor, who is the chief judge of the circuitth Circuit, her bosses, including one panel with William Pryor, who is the chief judge of the Circuit. When they got involved, they set their decision-making. They ripped theirs up here. See, props. They ripped up their order, the court-generated order,

and they went to their own briefing schedule. We'll report on what I believe will be the faster, more expedited, higher velocity briefing, oral argument, and decision making in this very, very important case because think of the implications of this case just for a moment at the end of this hot take. One, it doesn't just impact Donald Trump. Sure, Donald Trump is going to take the canon order over to Judge Chutkin in the DC election interference case when she gets the gang and the band back together in the first part of August for her case,

to talk about how she's gonna move her case forward. They're gonna say, whoa, we got a decision by one of your peers down in Florida. It's not precedent, it's not even really persuasive, but they'll point it out and ask to have their indictment dismissed on the same exact grounds before unbriefing in front of Judge Chutkin. But think about all the other defendants who have been convicted and prosecuted, prosecuted and convicted by special counsel.

You've got a decision now, the only one of its kind in all 50 states in every federal district by a judge who just declared, poof, that the special counsel can be ignored, that it's imaginary, that it's not legitimate, it's not authorized, it's not funded properly. And it's just been a stranger prosecuting these cases that has not been properly sworn in. It's all wrong. It's all wrong under the various congressional statutes

that have been passed to govern the Department of Justice and special attorneys and special counsel like this one, but it's the only decision of its kind. So people are gonna start waving it around. So I expect floodgates will open with motions being filed in long dormant cases, cases where people have already served their time,

places where they've just recently been convicted or not even sentenced, where they say, hey, I was prosecuted by special counsel. My prosecution was illegitimate. It should be vacated, the conviction or the sentencing should be expunged and all of that. That's what's going to happen. That's why the 11th Circuit's got to get on top of the ball here, got to make a ruling, the right ruling here, throw this fringe, rogue, outlier decision out with the morning trash like it belongs as it deserves. Let the DC Court of Appeals, when it finally wins its way up to them

by way of Judge Chuck, and let them toss it. And let the Supreme Court decide what to do next. Over the DC Court of Appeals, you got Chief Justice Roberts as the first stop on the appellate train. Over the 11th Circuit, you got Clarence Thomas as the first stop on the appellate train. And then they're going to have to refer it back, I'm sure, to the full United States Supreme Court for adjudication.

Yeah, we're not going to get a decision on this until well after the election, but probably before any inauguration, which is all important. Timing is all important on this until well after the election, but probably before any inauguration, which is all important. Timing is all important on this. That's why I believe we're going to see an expedited appeal. Save your ojana, save your heartburn. I think that's what's going to happen even though we've got an order that on its face seems to stretch this thing out well past the summer.

I'll continue to report on developments on the 11th circuit with US versus Trump and every place else at the intersection of law and politics on the Midas Touch Network and on Legal AF. Join us on Wednesdays and Saturdays at 8 p.m. Eastern time for a show we named Legal AF for a reason. And if you don't know why, now you know. Join us on the YouTube version,

8 p.m. Eastern time, Wednesdays and Saturdays on every major podcast platform. Until my next hot take, until my next Legal AF, this is Michael Popak reporting. Heary, heary. Legal AF law breakdown is now in session. Go beyond the headlines and get a deep dive into the important legal concepts you need to know and we discuss every day on Legal AF. Exclusive content you won't find anywhere else, all for the price of a couple of cups of coffee. Join us at patreon.com slash Legal AF. That's patreon.com slash Legal AF.