Legal AF by MeidasTouch - Judge Cannon SCREWS Trump BAD at Worst Possible TIME

Episode Date: July 28, 2024

Judge Cannon misplayed her hand to try to give her patron Trump a big win and an election “bump” by dismissing the Mar a Lago indictment, and is now holding a losing hand with a likely reversal of her decision for the third time by the 11th Circuit and then the US Supreme Court. Michael Popok analyzes how the law and politics landscape has drastically changed against Cannon due to VP Harris’ surge in the polls and likely win in November. Thanks to Manukora! Try Honey With Superpowers™! Head to manukora.com/LEGALAF to get 3 FREE Gifts with your Starter Kit - a $25 value! 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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claiming that the special counsel is illegitimate and unconstitutional because there's no specific statute that authorized his existence, this hot take is for you. Let me walk you through the new landscape, especially since we've got a surge and a likelihood that Kamala Harris is going to be the president of the United States, not Donald Trump. So I'll do this hot take two ways. What if Kamala Harris prevails in November? And what if Donald Trump were?

Either way, all roads lead to a complete reversal of Aileen Cannon, her decision, the first of among all federal judges and appeals judges who have ever discussed the issue to find that the special counsel's office is invalid. It's going to be reversed at the 11th circuit or it's going to be reversed at the United States Supreme Court, but she will be reversed. If her goal as a judge was to either go for higher office when her patron Donald Trump got elected, I'll tell you why that's not going to work, especially given the new poll

numbers. Let's look at the political landscape, the legal landscape here at the intersection of law and politics. Let's start with the decision and then I'll tell you what happens next and why the surge for Kamala Harris is bad news for Judge Cannon. First of all, a 93-page decision, we're still getting our minds around, but at the heart of it is at least five pages of completely inconsistent analysis by Judge Cannon that's just plain wrong. She ignores the leading, unanimous decision by the United States Supreme Court on the seminal issue that's involved here, US versus Nixon from

1974. She almost completely ignores it. That established at the nine zero level of the United States Supreme Court that special counsel, special prosecutors, special attorneys working under the attorney general strengthen the separation of powers, their independence is appropriate, and validated the use of such special counsel. Even more recently, even more recently, in 2019-2020, we had the DC Court of Appeals, which for all intents and purposes is the second highest level appellate court in the country. It's so well respected that many of its people, many of its judges end up on the United States Supreme Court.

It sits in Washington and handles appeals out of the DC Circuit, out of the DC Court. The DC Court of Appeals in 2019-2020 ruled that Robert Mueller was an appropriately appointed special counsel when his powers were being challenged by people that were pro-Trump then. This legal theory, fringe theory, outlier theory, Federalist society driven theory that Aileen Cannon adopted has been supported by no one. It is theoretical. It is academic at best. It is a thought experiment.

But in real life, it runs afoul of United States Supreme Court precedent, DC Court of Appeals precedent, and just our natural separation of powers in the existence of an independent council precedent, which she completely ignores. Now when I tell you at the top of the hot take that there were 93 pages, you think, well, it's a lot of analysis. But the only pages that matter are about four or five pages, and she got it completely wrong and completely ignored US versus Nixon. Why? Because if her patron who put her on the court in 2020, Donald Trump somehow returns to the White House looking ever so unlikely now, she wants to be on the DC Court of Appeals.

She wants to be on the United States Supreme Court, help in heaven, help us. And if he loses, she wants a plum job outside of being a federal judge in a backwater district in Florida, up in Fort Pierce. She wants to get a plum multi-million dollar partnership in a law firm. It's obvious. She'll be one of those handful of judges, especially in Florida, that spend a short amount of time in federal judgeships, even though they're lifetime appointments, and rotate out to go get the bucks. Now talk about the political landscape. When Aileen Cannon miscalculated, as she always

does when ruling in this case, at that moment in time, think about the moment in time, there was a convention bounce for Donald Trump, because the convention was starting the day that she issued her 93 page decision in his favor. So she was surfing into that bounce. It was also just 48 hours after the shooting in Pennsylvania. So there was a whatever happened in Pennsylvania bounce for Donald Trump. And then he got this third bounce that she obviously gifted to him, which was her issuing this decision, getting rid of Mar-a-Lago by finding that the special counsel was invalid and therefore his investigation and his prosecution was invalid. She had three bounces going on at the same time that she tried to help with. Pennsylvania,

the convention, and the Mar-a-Lago dismissal bounce. And so on that particular moment, that looked like a great move for a Federalist Society Trump-appointed judge, except she didn't anticipate that Joe Biden would decide to put democracy over his own title, his own ego, and decide not to run for reelection. And then she also miscalculated that the Democrats and the primary delegates would so quickly rally around Kamala without the need for even a mini primary. A mini primary that was kind of pushed

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legal AF and try some today now that it looks like after a cannon bounce a a Pennsylvania bounce and a convention bounce after four days, this race is tied, which I don't even believe. I think Kamala is actually ahead where it counts in the battleground states now, now that what the polling is showing is the 30 and under the 30 year old and under voters who overwhelmingly were not voting for President Biden have now all cut to Kamala in huge numbers. And she's also completely sucking in and sucking away from Kennedy all of his support. It's like a giant straw, right? It's like there

will be blood the movie. This is Kamala just with her paper straw because they're making a big deal out of her being against plastic straws. She's using a giant paper straw and she's just sucking the support away from Kennedy day by day, hour by hour. And now, even though it was only a couple of weeks ago, it's a completely different political and legal landscape for the case because Cannon miscalculated. Now there is an appeal to the 11th Circuit who have already reversed her twice, including with majority panels, two separate panels, two separate three judge panels of the 11th Circuit

appointed by Trump appointees, right? Trump people have reversed her twice. It's a celebration, have reversed her twice. It's a celebration. Have reversed her twice. And now she's gonna get reversed a third time. Okay, there is, I would think a 5% chance or less that she's gonna survive an 11th Circuit Appeal. And I think there's a very high percentage, over 70%, that now having found her a three-time loser,

that they're gonna reassign her from the case and transfer her off the case. Especially because they've got eyes and they can read a calendar and a newspaper and watch the Midas Touch Network and the 11th Circuit judges know the political and legal landscape has changed. The chances of Donald Trump getting back into office

are shrinking to zero quickly. And therefore, they're worried about they want their lifetime appointments. They don't want their legacy to be mucked around with by Judge Cannon, especially when President Kamala Harris takes office and her Department of Justice, of course, continues with Jack Smith, continues with the investigations and prosecutions of the Gen 6 defendants. They have their own reputations to worry about. They aspire to hire things. And so just overnight, Alien Cannon's Supreme Court aspirations got dashed.

Her chances of getting out of Fort Pierce, Florida are basically over. She went all in with all of her chips with her patron Donald Trump and the Federalist Society and now that's the losing hand. And the reality is now completely removed of anything but a proper legal analysis, she's going to lose at the 11th Circuit. Now the timing of that is probably going to be sped up because Jack Smith's going to ask for a faster period of time for the briefing. So I think we're going to get briefing of that before, full briefing on the 11th Circuit appeal before the election. Oral argument. And then, even if it gets up to the United States Supreme Court,

there's only one, I believe at best, two justices that are going to side with the Clarence Thomas canon currents in which he said, I don't think Jack Smith's legitimate. I think he's a figment of our imagination. I think he's unconstitutional as an office. Where does it say there could be a special counsel? That whole Federalist Society, Steve Calabrese, a Federalist Society law professor and founder, that legal fringe theory that nobody buys, it's all, you know, they're smoking something

if they believe that's gonna work. That's only, that ideal is only held by Clarence Thomas, maybe Alito, who'll side with his buddy. That's it, that goes down in flames, seven, two. Seven, two, done. Maybe eight, one, done. Because nobody else on that Supreme Court, that theory is so fringe that even MAGA

and ultra, ultraright, all right people on the United States Supreme Court don't believe it. But it's now a time clock. But I'm less worried about the time clock now with the surge of the Kamala Harris likely presidency. I just am. It's just completely, it's a breath of fresh air. It resets the playing field,

it levels the playing field and puts it to her advantage. And any judge as like Cannon, that was trying to interfere with the political process, just got whipped, just got set back to square one. We'll continue to follow that which we are expert on, which is the intersection of law and politics here on the Midas Touch Network and on Legal AF, Wednesdays and Saturdays at 8 p.m. Eastern time, right here on this YouTube channel for Midas Touch and then on all audio podcast platforms of your choice. So until my next hot take, until my next Legal AF, this is Michael Popak reporting.