Legal AF by MeidasTouch - Judge Cannon SIGNALS Next MAJOR MOVE, It’s UNLAWFUL

Episode Date: June 15, 2024

Florida Judge Cannon in the Trump Mar a Lago criminal case is on the verge of REVERSING a key decision by the Chief Judge of the DC court that found that Trump committed a “crime or fraud” with hi...s then Mar a Lago attorney Evan Corcoran, that would lead to the 50 pages of Corcoran’a damning notes about Trump and his audio recordings about Trump’s criminality, being SUPPRESSED from the jury. Michael Popok explains which motion pending before Cannon he is most worried about as it could scuttle the prosecution’s case. Visit https://HensonShaving.com/LEGALAF to pick the razor for you and use code LEGALAF for 2 years worth of free blades! Visit https://meidastouch.com for more! Join us on 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 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:02:03 so your business insurance should be too. Contact a licensed TD insurance advisor to learn more. This is Michael Popock, Legal AF. I want you to keep your eye on a very important issue in the Mar-a-Lago case and the criminal prosecution of Donald Trump. It is the Trump's lawyers' attempts to reverse through Judge Cannon an earlier decision made in DC by the then Chief Judge of the DC Circuit Court Judge Beryl Howell in which she found that it was more likely than not that fraud and crime had been perpetrated by Donald Trump and or his lawyer Evan Corcoran
Starting point is 00:02:38 who was the lead lawyer at the time of the Mar-a-Lago subpoena and search warrant issue in the time of the Mar-a-Lago subpoena and search warrant issue in which she stripped away the attorney client privilege for Donald Trump and turned over 50 pages of single spaced notes and audio memo recordings by Evan Corcoran over to the prosecution. Now that was done after a secret hearing, because this was all part of the grand jury and part of the grand jury process.
Starting point is 00:03:04 Evan Corcoran having gone into the grand jury, the issue of the attorney client privilege having come back out to the only judge responsible for the administration of justice for the grand jury process against Donald Trump in DC, and that is Judge Beryl Howell. She as compared to Aileen Cannon has an illustrious career as a district court judge. She's still on the district court judge. She's revered. She's been on the short list
Starting point is 00:03:29 for the United States Supreme Court. She's been a judge for almost 20 years and supremely well-respected, usually by both sides of the aisle. That stands in stark contrast to Aileen Cannon, who's been on the bench for less than two years. Has got about 10 total trial days under her belt, who was never a trial attorney
Starting point is 00:03:45 before this. She was only an appellate lawyer for the Department of Justice, ironically. And now, however, because she is the judge presiding over the criminal case, she's going to have an opportunity, and Donald Trump's lawyers know it, to actually have the temerity to overturn and vacate an earlier ruling by Judge Barrel Howell that found that there was a crime fraud exception and to take those 50 pages and give it to the prosecution of Evan Corcoran and his testimony. And if she reverses, which is likely, frankly, that she's going to do based on what she's done so far, past is prologue, history is prologue, based on her track record, we are going to see the reversal of Beryl Howell's decision, which means that all of the evidence that was provided from Evan Corcoran
Starting point is 00:04:31 as the lawyer to the prosecution, those 50 pages of single-spaced notes, and I'm going to talk to you about them in a minute, and the audio recordings that he made, his musings about his own client are going to be ripped away from the prosecution. And worse, under a concept we call fruit of the poisonous tree, because they already had evidence that they shouldn't have had, all of that evidence should be suppressed.
Starting point is 00:04:55 And any evidence that came off of that evidence should be suppressed. That is the fruit of the poisonous tree doctrine. Now, how do I know this is gonna happen? Because I've been doing this a long time and I've been watching closely and I'm a member of the Southern District of Florida and I practice in courtrooms just like this one. And I've been watching closely now that Donald Trump's lawyers are freed up because their client already got convicted in New York. The New York case is over and the other cases are stayed. The one in Georgia is stayed pending a new motion by Fonny Willis to unstay the case in Georgia
Starting point is 00:05:27 against Donald Trump that she's filed with the appellate division. The case in front of Judge Chutkin is for the DC election interference case brought by the special counsel is stayed until we get the ruling probably this week from the United States Supreme Court about immunity. They've got a lot of time on their hands, right? You know, idle time is the
Starting point is 00:05:49 devil's playmate and plaything. And so they're now focused in training their sights on what they see as a favorable judge in Florida who has been battling it out with the prosecution, right? Who's skeptical of the prosecution and you're getting frustration on the side of the special counsel, which is getting acted out in real time in the courtrooms every hearing. I mean, it's so bad that the prosecutors, including Jay Brad, are pounding on the table, slamming their forehead and being very, and acting out, if you will, in the courtroom because they're getting frustrated by Judge Cannon.
Starting point is 00:06:24 Now, picture this equation. Judge Cannon is going to reevaluate as if she was some sort of supra trial court or some sort of appellate court. The rulings of a judge she couldn't even hold a candle to and Judge Barrel Howell, she's going to reevaluate whether Evan Corcoran, the lawyer for Donald Trump, participated in a crime or fraud with Donald Trump? And that's not the first judge who has found that there is more likely than not that Donald Trump participated in a crime or fraud with one of his lawyers. Judge Carter in the central district of California two years ago, during the Jan six subpoena issue over with John Eastman, the half-baked constitutional scholar who's been disbarred and has been
Starting point is 00:07:05 indicted, multiple indicted John Eastman. That Judge Carter also found, it was more likely than not, that John Eastman and Donald Trump committed crime or fraud. Same thing. But now you've got the scary proposition that Aileen Cannon is going to look over the work of Judge Barrell Howell, Chief Judge Barrell Howell. Here's something we all know. Cheap razors are annoying. They cut you. They irritate you. In fact, they frustrate you.
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Starting point is 00:10:01 have about a week and a half in Mar-a-Lago, left to his own devices, with the top-seeker classified documents, that he had numerous conversations with Donald Trump in which Donald Trump said, I don't want to turn over everything. They're my documents. I don't want to turn them over to the National Archive. I don't want to turn them over in response to a subpoena. I don't want to turn them over and all of that.
Starting point is 00:10:23 He was told, and this is in the notes of Evan Corcoran and 50 pages by both him and Jennifer Little, another lawyer, that if he does not comply with the subpoena properly that was issued through the grand jury under the auspices of Judge Barrelhowell in DC, he could go to jail. Also, Evan Corcoran reported that when he came back to Mar-a-Lago, having left his client with the illegally retained documents for a week and a half, then Carlos de Olvera, who's now a co-conspirator indicted defendant who was the maintenance worker at Trump's behest tried to influence and manage Evan Corcoran's review of the documents.
Starting point is 00:11:08 So in other words, Donald Trump staged a room having taken out boxes that he had already sanitized and taken out as many top secret classified documents, national defense information as he could find, but he wasn't completely successful. He put those boxes in a room and Evan Corcorman reported in his notes that he did a 20 minute review That's all of like 20 or 30 boxes and still found about 38 top secret classified documents in the box He then reports in his notes Again with the prosecution part of the case against Donald Trump that Donald Trump in saying well, what you find he goes Well, I'm over at the Brazilian Court a a hotel around the corner, and I've got the folder.
Starting point is 00:11:46 It's got 38 top secret classified documents in it. And Donald Trump said, do you really have to turn all those over? Why don't you make them disappear? And Corcoran wrote in his notes that Donald Trump pantomimed plucking out the offending documents from the pile to be delivered to the prosecutors who were coming
Starting point is 00:12:06 through Jay Bratt to Mar-a-Lago and just make them disappear. He said the former president made a plucking sound, but make them disappear and then told the story about that's wrong, about how Hillary Clinton handled her email server and the accidental deletion of certain emails by one of the IT workers and used that as an example for Evan Corcoran to make his documents disappear. Evan Corcoran said, well, after that conversation, I then sealed up the envelope. But Evan Corcoran, of course, didn't sign the envelope that he turned over to the government. He had Christina Bob do it, which is another element of the crime because Christina Bob said, oh yeah, all the classified
Starting point is 00:12:45 top secret documents are in this folder, all taped up. Well, that wasn't true, as we know from the search warrant execution and the 30 or 40 boxes that were explored and the hundreds of top secret classified national defense information documents that were obtained. In addition to those 50 page notes with all of that damning evidence, Evan Corcoran also had audio memos, like on his phone that he took while he was driving around musing about his client. I gotta tell you, I've been doing this for 32 years. I've never taken 50 pages of single-spaced notes
Starting point is 00:13:16 at which I cast doubt on my own client, nor audio recordings where I do that too. Sure, there's attorney-client privilege, but this entire hot take is about the stripping away of the attorney-client privilege because of the crime fraud exception, which is an exception to the privilege. The privilege is held by the client, not by the attorney, but it can be stripped away if they participated in a crime or fraud with their lawyers in trying to get counsel. And that's what Beryl Howell found. And now we've got Aileen Cannon, who is incompetent, who's over her skis.
Starting point is 00:13:45 She's now based on a motion that's been filed by Donald Trump's lawyers going to re-evaluate this issue and if she reverses course, which of course is an appellate issue to take up to the 11th circuit, she reverses court and said, no, no, I think Beryl Howell got it wrong despite the evidence that she had, despite the evidentiary hearing and Donald Trump's privilege related to Evan Corcoran should never have been taken away. And therefore all his 50 pages and all of his audio recordings should be suppressed.
Starting point is 00:14:12 They should not go to the jury. And anything that came off of that, fruit of the poison of his tree, should also be suppressed and excluded from trial. That is what I'm worried about. And I don't want you to get lost in all these hearings and all this backlog and backup of procedural hearings and substantive hearings that that alien canon is doing in order to avoid making a real decision, in
Starting point is 00:14:35 order to avoid having her appellate bosses breathe down her neck and reverse her for the third time. And that is the frustration that the prosecutors are experiencing in dealing with her. I want you to keep your eye on the ball. I want you to keep your eye on Evan time. And that is the frustration that the prosecutors are experiencing in dealing with her. I want you to keep your eye on the ball. I want you to keep your eye on Evan Corcoran and the earlier decision by Beryl Howell to be re-examined by Aileen Cannon and the lawyers for Donald Trump know it. And they're training their sights on Aileen Cannon, who they see as the weak link, as they see as somebody who's in their favor, in their pocket, somebody who is a Trump appointee who's been bending over backwards to help pocket, somebody who is a Trump appointee,
Starting point is 00:15:05 who's been bending over backwards to help Donald Trump. And now that they're freed up, not having to defend anything else right now, they're training it on Mar-a-Lago, the only case with active proceedings going on right now. And we're gonna continue to follow it and do X-ray and examine it right here on the Midas Touch Network and on Legal AF.
Starting point is 00:15:21 Now you know why we call that podcast that four years ago, anticipating a Aileen Cannon handling a Donald Trump case for criminal conviction. Wednesdays and Saturdays, join us at 8 p.m. Eastern time for our YouTube version of our Legal AF podcast. We sit at the intersection of law and politics. We curate the top four or five stories there and we bring it to you as lawyers.
Starting point is 00:15:41 The only way we know how to do it in an informative way, in a way, hopefully that you take away a lot of understanding about the intersection of law and politics. And then you can pick it up on audio podcast platforms of your choice. So 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
Starting point is 00:16:16 of coffee. Join us at patreon.com slash legalaf. That's patreon.com slash legalaf.

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