Legal AF by MeidasTouch - New Prosecution Memo Outlines Trump’s Massive Crimes in Stunning Detail

Episode Date: June 5, 2023

Michael Popok of Legal AF reports on a new recommended 150 page Prosecution Memo to charge Donald Trump with at least 5 crimes, including espionage and obstruction and contempt, related to his secreting of the national defense documents at Mar a Lago which provides the roadmap for Special Counsel Jack Smith as he prepares his for Merrick Garland this month. This episode is sponsored by Better Help! Visit https://BetterHelp.com/LEGALAF today to get 10% off your first month. 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 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

This is Michael Pope, legal AF with another hot take. I have no doubt that Jack Smith has either finished the prosecution memo that he's required to prepare to recommend the indictment of Donald Trump for the Mar-a-Lago document, espionage, an obstruction case, or he's about to. And we know it, and I know it, from the series of data points in the last couple of weeks, including strategic leaking by the prosecutor to put pressure on with holding and hold out witnesses like Donald Trump's personal valet, personal assistant, Walt Nauta involved literally with every movement of boxes and documents in and around Mar-a-Lago, right?

To play a shell game against not only Donald Trump's own lawyer, Evan Corcoran, responsible for the delivery of the documents back to the government, right, lying to him and then hiding the documents ultimately from the Department of Justice and the FBI. Donald Trump's just looking at the fact pattern that will be part of the analysis in what's called the PROS memo PROS PROS memo. It starts from almost the moment that Donald before the moment that Donald Trump left the White House.

There is evidence, of course, that he was given a memo by his own staff while he was still in the White House that told him how to declassify documents if we're even talking about classified documents. Now, at the heart of the SB and OSH act, it doesn't matter whether the documents are classified or top secret. Let me repeat, it doesn't matter. The hundred classified and top secret documents are just one part of an entire pool of documents, 13,000 in number.

The Donald Trump took with him many of which relate to national defense information, national defense material. That is the definition of what drives the espionage statute, not top secret and classified. And so you may be able to declassify something, but you can't un-national defense information it. You can't convert a document that is national defense into something that it's not. So that line of defense is out. But Donald Trump got that memo before he left the White House. After he left the White House, he had another, he had a lawyer involved with

quote unquote, negotiating the return of the required documents that he held only because he at the time he was president of the United States, the people's documents. They never, they were never his to keep. They always needed to be returned. But his first effort in transaction, because he's always commercial and transactional, Donald Trump, what can I get in return was to have his lawyer at the time tell the National Archive that he'll give back the documents that belong to the American people, including national defense information documents and the highest level of top secret

and classified. If they give him the Russia 2016 investigation material, I mean, and then he then when that didn't work, he, he, he told his lawyer at the time to lie to the National Archive and tell him that all documents had already been returned when he knew or should have known there were 13,000 at that point sitting at Marlaga. That all of this is the beginning of the crime. Or as chief judge, barrel Howell, who who at the time oversaw all things, grand jury and district of Columbia said,

this was Donald Trump's dress rehearsal to see what he could get away with for the criminality, the likely criminality of how he handled, hid, obstructed, and secreted these documents. It started with his quote, unquote, negotiations through lawyers with the National Archive, right? So there were a couple of lawyers at the National Archive, right? So there were a couple of lawyers at the White House that were like, you got to turn these documents back. I don't know what you're doing. And then they bailed out. Like we're not, we're not touched. This is radioactive. We're not, Donald Trump's acted weird about documents that don't belong to him. We're out. And then he gets

tomorrow, a lot of go. And these boxes end up there. Maybe bedminster golf course that he also owns, were spread out among all the other Trump properties. To this moment, we really don't know. And so that's what Jack Smith's Mar-a-Lago investigation is looking at. The lying to lawyers is one of the easiest things to prove now that attorney client privilege has been stripped away from Donald Trump and all these all these lawyers have had to testify, turn over their notes, turn over their tape recordings and musings directly to the adversary for Donald Trump, the prosecutor. So what are the crimes that Jack Smith is typing away? This is my artist rendering of Jack Smith

two finger typing, his prosecution memo, his prost memo. Well, fortunately, we have a band, a group, a brace, I don't know what you call the group of former prosecutors, but a group of former prosecutors, you know, Norm, Ison, Dignia, Perry, and others, really top names, who decided, you know what? We got some time in our hands. We'll write a model prosecution memo for the prosecution team and the public to pull it all together. It's much like what the Rand instituted during the Jan 6th committee where they basically wrote a shadow Jan 6th report based on what they had seen and the recommended indictments

in criminal referrals that the Jan 6th committee could ultimately make. And it matched. If you go back in time and look at the JAN-6 report and the RAN report is pretty close. Here similarly, you have a former top line heads of divisions at the highest level department of justice creating a 150 page prosecution memo. You can get it online. If you go on my Twitter feed, I'll post it there at the top and I'll pin it off this hot dick.

You can take a look yourself, but I've done it for you and I'll try to report back what I saw. This is sponsored by BetterHelp. It's so easy to get caught up in what everyone else needs from you and never take a moment to think about what you need from yourself. I know in my own life, I'm dealing with a lot of different factors.

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therapy isn't just for those who have experienced a major trauma, it's for everyone because what you're going through matters. If you're thinking of starting therapy, give better help a try. If you're thinking of starting therapy, give Better Help a try. It's entirely online and designed to be convenient, flexible, and suited to your schedule. Just fill out a brief questionnaire to get matched with a licensed therapist, and you can switch therapists at any time for no additional charge. Find more balance with BetterHelp. Visit betterhelp.com slash legala AF today to get 10% off your first month. That's better H E L P dot com slash legal AF. In the 150 pages, they went through all

of the publicly reported evidence that's already leaked out over the last two years about Mara Lago. All the lawyers who've gone in, all the White House aides that have gone in, all of the leaked testimony from those people and all the other investigative reporting that's happened. They got a pretty good timeline starting from before he left, Trump left the White House all the way through the, not only the search warrant execution in August, but beyond that, last August, but beyond that last August, but beyond that, what he's been doing now at this moment, most prosecutors at FBI think he's still hiding documents somewhere in one of his properties, likely bedminster.

So they, they looked at that timeline, the lies he told to Evan Corcoran, the lies he told to Tim Parlatore is other lawyer who's gotten out. The use of Walt Nauta to move documents under the watchful eye of a Trump video camera now turned over with its video to the government with timestamp showing these movements of documents before the meeting with the FBI that Evan Corcoran arranged and after that they were spoon feeding Trump spoon feeding documents to Evan Quarkron in a room. You go look in the storage room. Don't look at Daddy's desk.

Don't look in Daddy's office. That's a that's off limits to you, Evan Quarkron. Yet Evan Quarkron signed a document to the federal government that said he did a diligent search. And this is the documents. These 34 pages that they found when he he knew or should have known, there were 13,000 in total, including 100 of the highest level national security documents that a country can possess. What are the crimes? We know the facts. I mean, nobody's going to be shocked when the prosecution memo is publicized and ultimately ends up in an indictment about the facts that led to the indictment.

We know most of them, but it will all be tied together in one indicting document, along with at least four different crimes, which is what the model prosecution memo says. One of them, we've talked about, Espionage Act 18, USC 793 in the federal statutes, mishandling of government records, and the records are national defense information documents. NDI, not top secret classified, doesn't matter what classification they had or no classification. If they relate to the national defense and you withhold them, use them, hide them, and don't turn them back

upon demand. You've committed espionage act in a crime period to concealing government records, 18 USC 27-1, it's exactly what it sounds like, and he does it and he does it willfully, meaning with criminal intent. Three, obstruction. If you go back and listen to Merrick Garland's press conference announcing Jack Smith's appointment just seven months ago, he must have used the word obstruction about six or eight times, signaling to the world what the focus of the investigation was. And so we have that 18 U.S.C. 15, 19, and then criminal contempt. And that's what it sounds like. Trump and his people

were under court order by way of a search warrant, a subpoena. Those are court orders, magistrate orders, and other turnover of document orders that they violated that they flouted. That is what we call in the business, contumacious conduct, right? Which is conduct that is at core a contempt of court. And at this level, it's a criminal contempt of court, which is itself an individual, an independent crime, punishable in prison. And then you've got a false statement to a federal authority,

which is the strongest tool, the most used tool in a pro federal prosecutor's toolbox and is arsenal is false statement. 18 USC, 2001. We call it the one thousand and one indictment because this captures so much bad conduct because when they're caught and they're interviewed, these people lie, try to lie their way out of it. And each one of those lies is a crime. And so you have that with Donald Trump, every time he talks about in a lying fashion, all of those things. So that's what we have. We have concealment. We've got intent, right? We've got perjury. We've got his own lawyers now saying that he had a comply with the Presidential Records

Act and return them and that they told him so. Lawyers who in the last month, two weeks have departed Donald Trump, but went on a news junkie tour, like on CNN, and said that they were obstructed and interfered with in their ability to collect documents for Donald Trump by Donald Trump's closest current aid, Boris Epstein. This is the prosecution memo that we will see come out of Jack Smith. And if it ain't next week, it'll be the week after and certainly in June before Fawni Willis, Fawni Willis in Georgia brings her large, racketeering conspiracy case also against

Donald Trump. But that's not going to be till the end of July beginning of August. That's how much time if Jack Smith wants to get out of the shoot first and get out of the gate first to assert federal jurisdiction over these types of crimes like Mar-a-Lago and Jan 6th and election interference. He's got from now, first week in June until the until maybe the third week in July, but Mar-a-Lago based on all the things that I can see and all the current leaks to pressure witnesses and Donald Trump himself from the prosecutor's office and the departure of his lawyers, Tim

Parletory one day, Evan Corcoran, the other all responsible one time for moral logo. While Jim trusty is current lawyer hangs on for dear life, writing ridiculous one paid, one paragraph letters to Merrick Garland trying to stop the Mar-a-Lago investigation and turn it back on Joe Biden, which was the height of ridiculousness. The height of didn't pass the straight face test. You got, he's like, he's the only competent lawyer left that represents Donald Trump, who also Jim trusty has a relationship,

a prior relationship with Jack Smith dating back to them being friends in the department of justice. But all of his credibility is on a daily and hourly basis, being shredded because of his conduct and representing this particular client. And so we will see how closely the model template prosecution memo prepared by Normey, Sendania Perry, and others that just got released yesterday, how closely it matches. The actual prosecution memo that we're gonna see

and talk about on hot tags, just like this one that I do, about every day on the Midas Touch Network. And on Wednesdays and Saturdays, I co-founded and co-anchor the leading podcast devoted to the intersection of U.S. law and politics, Legal AF. You can get it on YouTube on the Midas Touch Network and you can also get it wherever you get your audio podcast on every platform. If you like what I'm doing, you can do a thumbs up. It helps. It helps with the content

and the quality of the content and keeping these this content coming to you on a regular basis. Leave a comment. I've been known to jump into the comments and we can open a dialogue together. If you like what I'm doing personally, you can follow me on all things social media at MSPOPOC. This is Michael Popock, LegalAF reporting. Hey, MidasMiddi.

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