Legal AF by MeidasTouch - Jack Smith LOADS UP FOR WAR against Trump in FILING

Episode Date: October 1, 2024

Trump is seething and scared of the new evidence we expect to be in the Special Counsel’s 180 page airing of never before scene evidence against Trump, including his closest aid for 20 years and Twitter ghostwriter Dan Scavino. Michael Popok walks through all the new evidence we expect to be in the filing including previously unknown testimony from Scavino, Trump aide Pat Luna, Trump White House lawyers, and the texts of Mark Meadows. Henson Shaving: Visit https://HensonShaving.com/LEGALAF to pick the razor for you and use code LEGALAF for 2 years worth of free blades! 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

But first, the breaking defendant Trump news of the night is that federal judge Tanya Chutkin has ruled that special prosecutor Jack Smith will be allowed to file a 180 page brief in excess of the ordinary 45 page limit in order to prove to Judge Chutkin that the new indictment of Donald Trump by a second grand jury charging him with conspiracy against the United States to overthrow the last presidential election leading up to and on January 6th meets the Supreme Court's new guidelines about presidential immunity for Donald Trump. Jack Smith says that the comprehensive brief is necessary for the judge to determine how the Supreme Court ruling on immunity applies

to the case. Donald Trump's lawyers tried to prevent that 180-page brief from being filed. It's due on Thursday of this week at 5 p.m. by arguing that the brief itself would be prejudicial to their client. Judge Chuckin rejected the Trump argument saying, first he protests that the government aims to proffer their untested and biased views to the court and the public as if they are conclusive.

But allowing a brief from the government is not contrary to law procedure and custom as defendant claims, citing no authority. It is simply how litigation works. Each side presents arguments and proffers evidence on disputed issues here, whether defendants charged conduct, involved official acts, and receives immunity. The judge noted that the Trump lawyers will be allowed to offer evidence in their brief that is helpful to Donald Trump if they have it. The judge said,

a party's factual proffer does not conclusively establish anything. It merely provides evidence for the judicial fact-finder to consider. The Trump lawyers also told the judge, quote, it's incredibly unfair in the sense that they're able to put in the public record at this very sensitive time in our nation's history. Judge Chutkin said that the timing of the election that the Trump lawyers were obviously referring to has no bearing on this case. This is Michael Popak for Legal AF. There's a very good reason Donald Trump is scared, yes scared and seething against the special counsel Jack Smith as we all await the public

revelation of what is in the 180 pages that Jack Smith was compelled, yes ordered to file by the United States Supreme Court and by the trial judge, Judge Chutkin in the DC election interference case. There's a reason I can't do a hot take on the nitty gritty of the molecular level of what's inside the 180 pages, plus dozens and dozens or hundreds of pages of additions that Jack Smith has had to defend to air new evidence to put the allegations of the indictment, the superseding indictment, against Donald Trump for the four criminal counts, against him in front of Judge Chutkin, to support those allegations, to give the context around those allegations, and to give the evidence, yes, the evidence and facts around those allegations. There's a

reason I can't do a hot take because I can't get my hands on it yet. It's with the judge, right? It's in turnaround. It's in workshop with the judge and the lawyers for Donald Trump and Jack Smith trying to come up with the proper version that should be put on the public docket and in the public domain while we balance the issues of having the public have a seat at the table in our public justice system with the rights of the accused to make sure that not more scorn is heaped on him, that he can pick a fair jury in the future, and that's the balancing act that's going on right now. But this is the reason that Jack Smith is scaring the crap out of Donald Trump, because Donald Trump's lawyers know

or should know that Jack Smith had access to dozens of additional witnesses that even the Jan 6th Select Committee did not have access to because they did not abide by their subpoena power. They didn't issue them subpoenas. They ran out of time. Some people put up attorney-client or other types of privileges or executive privilege. There were just limits to what the Jan 6th Committee could do, but there's no limits with a federal prosecutor. And the power of the subpoena, the power of a grand jury, the power of a federal judge overseeing the investigation to force people and compel people to testify that the Jan 6 committee didn't have access to. In particular, we're now, I am reasonably sure, we've seen some reporting with Politico and Kyle Cheney that supports this as well, that what we're going to see, the dirty bomb

of what's going to be, has been filed and will be disclosed to the American public, is going to consist of witnesses that did not testify to the Jan 6 committee. I know those witness testimonies to their limits in the Jan 6 report, but we know there were at least two major witnesses that testified to Jack Smith's team that did not testify to the Jan 6 committee and that should make Donald Trump crap the bed as we like to say. That's a legal term. One of them is Dan Scavino. Two others are Pat Cipollone and Pat Philbin, their full testimony, one stripped of attorney client protection and then Pat Luna who was one of Trump's aides. Let me give you the details of what we know from reporting about what these people said in addition to thousands and thousands and thousands of text messages provided by Mark

Meadows, the then chief of staff, who was not indicted in the DC election interference case, but it's not even listed as an unindicted co-conspirator, but has been indicted in Arizona and Georgia. Let's start with Dan Scavino. I think all roads go through Dan Scavino. He started with Donald Trump as a teenager. He ended up being the chief aide confidant for Donald Trump and head of his social media program, communication. In fact, he was a ghostwriter for Donald Trump, controlling his Twitter account. There are basically two people that controlled Donald Trump's then Twitter account, official and whatever, and President Trump, Dan Scavino and Donald Trump. Sometimes it was Dan Scavino writing all those screeds, those all caps, crazy screens. Sometimes it was Donald Trump himself. Scavino is going to testify because we know he's

already given testimony and I think we're going to see this in the new reporting that Trump is basically liable for what happened on Jan 6 and he knows it. Scavino contacted Donald Trump and said, this is your legacy. The Capitol is on fire. You must do something to try to encourage him with other aides to put out a video, to put out a tweet, to calm what was going on and Donald Trump refused. That shocked Dan Scavino. Dan Scavino said that it was unsettling, the reporting is the Jack Smith's committee. He said that when they went in there, a bunch of aides went in there into the dining room while Donald Trump did nothing for almost three hours instead of doing the right thing when Scavino said, the capital is burning, people are

going to make it your legacy. You're responsible for that. He, all he talked about was, was, about stolen elections and, and understandable anger by people that support me. And that shocked Dan Scavino. The testimony will reveal. He found that unsettling. He found his boss not in the right frame of mind. And for 20 minutes, he tried Scavino to get Donald Trump to stop the mob. And he didn't. Then there was a Twitter post that happened right around there. Remember, or I'll tell you straight, Donald Trump didn't do anything until a famous 417

video clip, which I'm going to show you here, which even then he said it was an election that was stolen, pouring more gasoline on the fire as there was smoldering embers literally at the Capitol with fires and smoke and attacks and dead people on both sides. And the Capitol Police and the Metro Police and 200 people injured. And so until that 417 video, which did nothing to send people home, even there it said fraudulent election, but I love you, go home. Something like that. Donald Trump, there was a tweet that went out in the middle of them trying to convince Donald Trump to do something. Send to the National Guard, stop the mob. Only you can do it. You're the cult leader. And a tweet went

out and the tweet went out talking about a stolen election, right? As the Capitol burned. Exactly the wrong tone, exactly the wrong thing to talk about. And people like Pat Cipollone, the White House counsel, Pat Philba, the deputy White House counsel, and others around Donald Trump went, they were gonna go ring the neck of Dan Scavino, and Scavino said, I didn't do it. They said, well, only you, only you and Donald Trump

have the ability to post that X, you know, that Twitter post. And Scavino looked up and said, right, only me and Trump and I didn't do it. So that's more testimony of Scavino against Donald Trump, that Donald Trump knowing that he could have stopped the violence, did nothing to do it because he agreed with the anger that he had fomented and whipped up

on the ellipse before Jan 6 and was using it just in the narrative of the special counsel, was using it to try to stop the peaceful transfer of power. Dan Scavino is going to be the undoing of Donald Trump and we're going to learn a lot more about Dan Scavino in the 180 pages once we get our hands on it. And then of course we have that 415 video. In fact, let's roll the video. This is after three hours of dozens of aides, the closest advisors to Donald Trump

and his White House counsel trying to convince him to stop the attack. At that moment, they didn't know who was dead or alive inside of the Capitol, including elected officials. He's getting calls. Scavino reported. Mark Meadows reported in his text messages. Kevin McCarthy, the minority leader, called in, to which Donald Trump reportedly said,

I guess these people care more about the election than you, Kevin. This is all the evidence of mens rea and criminal mind against Donald Trump by Jack Smith that's being put together. Let's roll the 415 video to remind everybody where we were at that moment after hours, four or five hours of siege and violence led by Donald Trump at the Capitol. Roll the clip. I know you're pain. I know you're hurt. We had an election that was stolen from us. It was a landslide election and everyone knows it, especially the other side. But you have to go home now. We have to have peace.

We have to have law and order. We have to respect our great people in law and order. We don't want anybody hurt. It's a very tough period of time. There's never been a time like this where such a thing happened, where they could take it away from all of us, from me, from you, from our country. This was a fraudulent election.

But we can't play into the hands of these people. We have to have peace. So go home. We love you. You're very special. You've seen what happens. You see the way others are treated that are so bad and so evil. I know how you feel. But go home and go home in peace.

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Two years free blades when you head to hensonshaving.com slash LegalAF and use code Legal AF. Now, welcome back. Now, let's go to another person who's going to be, I believe, in the public filing, and that's Pat Luna, another L-U-N-A, another Trump aide. He's going to testify based on his reporting and his testimony to the Jack Smith Committee, Jack Smith Group, that when he said to Donald Trump, Mike Pence is now in a secure location, reporting, hey, good news, we got Mike Pence out of the Capitol. This is that moment we know from the Jan 6 Committee where the Secret Service wanted to whisk Mike Pence away and Mike Pence wanted to go back in order to certify the

election and refused to get in that car. But they did get him into a secure location so he wouldn't be hanged by the mob. And Luna is going to testify, and we may see this in the 180 pages, that when he went to Trump and said, good news, sir, good news, boss, we got Mike Pence in a safe location, Donald Trump said, so what? So what? Which indicated to Luna that Donald Trump liked and reveled in the fact that the Capitol was burning at his direction and by an angry mob that shared his belief that his election was stolen. That's going to be powerful once presented in a courtroom and it's going to be powerful when

it's presented to the American voter and the 180 pages that's about to be filed. But that's not all, folks. We also have Pat Luna looking at a draft of a tweet that Donald Trump had composed and telling him, you may not want to send that one, boss, it makes it look like you're criminally liable. The tweet that went out that he showed him in draft to Luna, Trump said, quote, these are the things and events that happen when a sacred landslide election victory is so unceremoniously and viciously stripped away from great patriots. Remember this day forever.

That's exactly the difference. That's an arsonist pouring gasoline and rocket fuel onto a burning fire. Even Luna said, hey boss, that kind of shows that you're culpable that day because you're saying these are the things and events, meaning the criminality that you started. The fuse that you lit is what it's saying. That's how I believe Jack Smith and his team interpret it, and that's how they're going to put it up on the board against Donald Trump at the appropriate time. We're just going to see it earlier than we normally would. Normally, we wouldn't see this type of evidence. The Scaveno testimony I outlined,

the Mark Meadows text messages, the testimony by Mr. Pat Luna until trial. But the Supreme Court has forced Jack Smith's hand and he's been commanded by the trial judge, I need all the information and facts on contacts around your allegations to analyze properly your superseding indictment against the immunity decision by the United States Supreme Court to see which of any of these acts are going to be given some sort of immunity, including whether you've overcome any rebuttable presumption of immunity. You've carried your burden as the prosecutor. I've got to see your evidence. See it now. So we're going to get two different briefs, 180 pages, one about 45 or 50 pages all before the election. And that is making Donald Trump crap the bed. And he should. And he

should be scared of what's in there. And that's why Donald Trump's lawyers have been fighting so hard and have been fighting so hard at every turn to stop the 180 pages. They only wanted 45 pages. They didn't want any pages. Judge, don't let them file anything. Decide on your own. Dismiss the case on immunity grounds. You don't need any facts. Let's talk about documents.

We're missing some documents, Judge. We got some motions out there that you haven't decided. Do those first. Get over the election. Get past the election. Continue to put scales over the eyes of the voters. Not working. Not working. And so when you combine that and then the final, I think the final denouement for Trump is going to be the testimony without any attorney-client

privilege of Pat Cipollone and Pat Philbin. They testified to kind of the water's edge of privilege to the Gen 6 committee because they are attorneys, White House counsel. But they know where all the bodies were buried. We know for the Gen 6 committee, the Pat Cipollone, the White House counsel ran into and broke up a coup plotting meeting inside the White House with Donald Trump, Sidney Powell, the Overstock.com guy, Pat Byrne, whatever he was doing there, Rudy Giuliani, where they were plotting the overthrow of America as Pat Cipollone testified. That they were going to seize voting machines. That they were drafting an executive order to do just that, to declare a martial law

or the Insurrection Act. This is the type of stuff Pat Cat Zipaloni one day inside of a wood panel courtroom is going to testify and we may see it earlier on this 180 pages. This is why Donald Trump is seething and file and posting crazy things against Jack Smith to try to divert attention from what we will know maybe by drips and drabs little by little over the next few days as versions of this 180 pages get redacted, get filed, and then stripped away of certain black tape as time goes on. We'll continue to report on it right here on Legal AF and the Midas Touch Network.

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