Legal AF by MeidasTouch - Prosecutors Make URGENT FILING on Trump Criminal Counts

Episode Date: October 16, 2024

In breaking news, Special Counsel Jack Smith just told Judge Chutkan that Trump’s running a criminal conspiracy using “fake evidence” in the form of the fake elector certificates to try to corrupt the required constitutional Jan 6 certification process, which means that all four counts against them in the indictment should remain and ultimately be tried in front of a jury. Michael Popok breaks down the filing and predicts Judge Chutkan will make quick work of her decision and rule against Trump later this week. Unlock your brain’s full potential FREE for 30 days by going to https://brain.fm/LEGALAF Visit https://meidastouch.com for more! Join the LegalAF 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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BDC, financing, advising, know-how. This is Michael Popock, Legal AF. Jack Smith punches back at Donald Trump and his lawyers in a new filing that we just got our hands on in the DC election interference case in which he says the superseding indictment with those two counts for obstruction of official proceeding for that part of the conspiracy involving Donald Trump where they use the faked elector certificates to try to pressure Mike Pence into certifying the election for Donald Trump.

Yeah, all of that, that is all you need to do to keep those counts alive to take them to a trial in front of a jury. And the arguments made by Donald Trump that say, well, there's a decision over the summer, it's called the Fisher decision, made by the United States Supreme Court, penned by Justice Roberts, that seems to suggest that we can have these counts dismissed because they're being used inappropriately for what happened on Jan 6. And we didn't do much on Jan 6 anyway. We were just voicing our concerns about election fraud. Jack Smith tells Judge Judkin in the new filing, I'll read to you from a minute, that they

oppose Donald Trump trying to rewrite history as to his role as alleged in the indictment. And particularly because Jack Smith and the Department of Justice already had the Fisher decision in front of them. When they went back to a grand jury and got another indictment of Donald Trump, they knew what they needed to do in order to satisfy that case. And that particularly was to make sure that the jury, the grand jury, returned an indictment that listed the use of false evidence, fake evidence by Donald Trump as part of the conspiracy, that satisfies the Fisher decision and therefore the case should continue against Donald Trump.

That's their argument. But I love the fact that they get to announce to the American people once again how Donald Trump in the indictment is claimed to have tried to topple America. The bottom of page three, over to page four it says, as set forth in the superseding indictment, Trump and others began in early December 2020 to cause individuals to serve as the defendant's purported electors in several targeted states with the intent that those individuals make and send to the vice president and Congress false certifications

that they were legitimate electors. Those wide-ranging efforts encompassed seven states – Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin – and evolved over time from a legal strategy to preserve an alternate slate of electors into a corrupt plan to subvert the federal government function by stopping Biden electors' votes from being counted and certified. Ultimately, the defendant sought to certify illegal votes through fraudulent elector certificates that were mailed to the president of the Senate, that's Pence, the archivist of the United States, and others, in connection with the Jan 6th

proceeding to certify the 2020 presidential results. The superseding indictment, Jack Smith continues, also alleges that as part of his efforts to enlist the vice president in the defendant's scheme to introduce these fraudulent certificates into the certification proceeding, the defendant Trump sought on Jan 4 to persuade the vice president that the fraudulent certificates from those seven states empowered him to either unilaterally reject the legitimate electors from those states or send the question of which slate was legitimate to those state legislatures. In other words, they picked Trump as part of the plan.

The superseding indictment alleges an agent for the defendant attempted on the morning of Jan 6th to hand deliver the vice to the vice president for use in the process through a United States senator, fraudulent electoral certificates. There's a very interesting piece there I want to just comment on for a minute. The conversation between Trump and Pence was on Jan 4, two days before Jan 6, in which he was trying to enlist him to be a co-conspirator and telling him this is what he should do. I'm so energized by the adrenaline rush of my day,

including late night recording, that I have trouble finding the off switch for my brain to ensure that I fall asleep without a lot of tossing and turning. So when I have to work, I fall asleep without a lot of tossing and turning. So when I have to work, I need focus and attention to detail, and I gotta deliver. But when I have to sleep, well, you get it. I've always tried to use background music to accomplish my goals.

But my prior whatever's playing now music method, white noise machines and meditation apps just don't do it for me anymore. And neither does my old habit of just clicking around random Spotify playlists, others created for themselves, and hope I hit some playlist that will encourage me to be focused, productive, or just fall asleep at just the right moment. And then I found our next sponsor, Brain.fm,

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Who knows how to keep me in the zone longer, but also knows when to put up the old do not disturb sign when I need it most. Unlock your brain's full potential free for 30 days by going to Brain.fm slash LegalAF. That's Brain.fm slash legal AF for 30 days free. Very interesting. And then it goes on to say in this new filing that the indictment properly lists the false evidence and that is exactly what Fisher, the new

case, requires. In fact, they say in their filing that the defendants, this on page one, the defendant's motion, Trump's motion ignores entirely that the case against him includes allegations that he and his co-conspirators sought to create and use false evidence, fraudulent electoral certificates as a means of obstructing the proceeding, which Fisher expressly held false within section 1512C2, and so on. In fact, the other argument in this new filing is that we're only at the indictment stage.

The indictment just has to give proper due process notice to the defendant in order for him to prepare his defense. It's not required that the prosecutors put on their entire case of evidence right now to support each and every piece of evidence and every theory to support the obstruction of an official proceeding, but we know the false elector certificates

and all the witnesses around that, Ken Chesbro, Mike Roman, all the fake electors themselves, Rudy Giuliani, and all the evidence, emails, and text messages will support that claim. Here's what I think is gonna happen. Here's the short answer. Judge Chutkin has said, I don't think she wants another brief on this.

Donald Trump may ask to submit another brief, but I think she's gonna hold up her hands and say, I have enough. She's going to deny the motion by Donald Trump to dismiss the two out of his four counts or any of his counts for obstruction of an official proceeding or otherwise. She's gonna find that the Fisher case,

which she was required to apply to this superseding indictment by her bosses at the United States Supreme Court, she's gonna find that when you apply Fisher to the superseding indictment, the allegations about false evidence, the false certificates, satisfies Fisher, satisfies the United States Supreme Court precedent, and she's going to keep the indictment, the superseding indictment intact. There's still some other motions that are out there.

Donald Trump still has one. It's like a shark in the water. He still has another one out there that's going to try to be what I call the Cannon motion, going to argue that the special counsel Jack Smith is illegitimate, unconstitutionally appointed, unconstitutionally funded, and the whole indictment should be dismissed under a misreading of Article II powers under the Constitution and relying on what Judge Cannon did, which is up on appeal down in Florida where she dismissed the Mar-a-Lago indictment on those grounds. So that's still out there.

But as of right now, I'll come back and report to you what she finally does. I think we're gonna get a very fast decision by Judge Chutkin. I think off of this, we're gonna see the decision probably could be this week. And we're gonna get the final, get ready, come back here on Legal AF to watch us unpack

the entirety of 500 pages or more of evidence that's going to be made public today because Donald Trump never brought the extra litigation or the appeal or tried to get an injunction that he threatened a week ago. And time's up, time's up. In the public record now is going to be all the evidence supporting the 165 pages filed by Jack Smith two weeks ago, and we'll get our hands on it. We'll break it down on Legal AF. We got so much to talk about.

We got to spread our wings. See, I got an eagle. There's the eagle. We had to form a new channel with Might as Touch. Might as Touch Legal AF got together. Legal AF MTN is the result. Go over there. Free subscribe.

I'm doing a lot of my work there now. I'm the chief curator, if you will, for the channel and I'm bringing you some great new voices, some people from the Midas universe, some new people like Court Accountability, all on Midas, sorry, Legal AF MTN. Until my next reporting, I'm Michael Popock. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. I'm Michael Popak.