Legal AF by MeidasTouch - Trump Hit By MAJOR COURT ORDERS before Election

Episode Date: October 17, 2024

Michael Popok and Karen Friedman Agnifilo host the midweek edition of the top-rated Legal AF podcast. On tap? 1. What is in store for Trump with the public release of the Special Counsel's appendix in the DC Election Interference case setting out all of the evidence against him; 2. Will Judge Chutkan find that the "fake elector certificates" alleged to have been used by Trump in the criminal conspiracy are enough to satisfy the US Supreme Court to keep the "obstruction" crimes in the indictment; 3. Judge Mcburney may have just saved Georgia from a Trump take over; 4. Trump threatens to violate the Constitution and jail and use the US Military against other Americans, and so much more at the intersection of law and politics. Thanks to our sponsors: Shopify: Sign up for a one-dollar per month trial at https://shopify.com/legalaf Mack Weldon: Go to http://mackweldon.com/?utm_source=streaming&utm_medium=podcast&utm_campaign=podcastlaunch&utm_content=LEGALAFutm_term=LEGALAF and get 20% off your first order with promo code LEGALAF OneSkin: Get started today at https://OneSkin.co and receive 15% Off using code: LEGALAF VIIA: Try VIIA Hemp! https://bit.ly/viialegalaf and use code 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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We have so much law and politics to talk about. And we're going to, today we're going to, I mean, at the intersection of law and politics that talk about. And we're going to, this is today, we're going to, I mean, at the intersection of law and politics that we like to sit at, we're going to talk about the DC election interference case. So many new orders have come out. So many new motions have been filed. And we've been waiting with bated breath and salivating for the appendix. It was the appendix all along. Where is the appendix? We've been waiting on this appendectomy by Judge Chutkin and yet it didn't come out yet We expect it later tonight could be well while we're doing the live could be tomorrow morning But she's gave Donald Trump seven days to go explore

Litigation options, whatever that means. He apparently explored them, found that there were no litigation options and hasn't done a darn thing about it in a week to stop the appendix from being revealed to the public in all of its glory. And maybe we'll keep salty, keep an eye on the docket. Maybe it'll happen while we're doing it.

We've known Judge Chutkin to not only move quickly with a velocity of which we're not familiar in federal court, but she also does things late at night. So who knows, it could happen. But a lot of other things got filed. We have Jack Smith basically telling Donald Trump and his lawyers that they don't know what they're talking about when it comes to the Supreme Court's Fisher decision about what can and can't be indicted under the obstruction of an official proceeding provision. They misinterpret it and Jack Smith is here to set Judge Chuck in straight. It's important because it has to do with two major crimes that have been alleged in the superseding indictment and the superseding

indictment was was obtained by Jack Smith after the Fisher decision he had the benefit of the Fisher decision about What you can and can't indict under under what kind of behavior you can and can't indict We'll talk about that and then judge Chutkin just dropped boom 50 page order today about Donald Trump's request for 16 categories of additional documents that he demands to support his defenses from nine different subparts of the government from the intelligence community to the other parts of the Department of Justice. And I'm not sure that Judge Chuck is buying any of that. We'll talk about her 50 pages.

We'll look back all that. Then we'll got to go to Georgia. We got we're back to Judge McBurney. I love Judge McBurney. He issued not one, but two decisions in the last 48 hours that shoves back at MAGA's attempt to hijack the Georgia election. And we'll get to the politics portion of this in a minute. Georgia is so important. If, let's just be frank, if Kamala Harris wins Georgia as part of her electoral map, she will crush MAGA and maybe put them and us out of our misery

of ever having to deal with Donald Trump again. And who knows, maybe for the second time in 32 years, a Democrat will win Georgia. Early voting suggests it's looking good. Double the amount, Karen, of who voted in 2020 has already voted on day one of the Georgia early voting, and that's a great sign for Democrats. And there's a new order from Judge Scott.

I didn't even know there was a matter before Judge Scott in Georgia, right before we went on the air, in which he declared illegal all of the Trump election board last minute rule changes in order to benefit Donald Trump at the polls and the counting and the certification. And we'll talk about that as well. And then finally, Trump is, I mean, I don't know how

else to put this. Trump is threatening American citizens with internment, internment camps, and using the military against them, claiming that they are the enemy within. And then if you thought, well, maybe he misspoke, maybe he meant something else, he then doubled down on it and named who the enemy within was, and they were all American citizens, including other elected officials like Nancy Pelosi and and the Adam Schiff out in California. Can he do that? We'll talk about the series of laws that would prevent him from doing that Assuming that the the Supreme Court does anything about it, but that's like a full plate today, right Karen. Come on. Absolutely

absolutely a full plate and You're so punchy today. You're in like such a good mood No, I don't know why I got my Eagles on my sweater. See my ego my sweater For those that see my there it is. I don't know. I just am There's just so much exciting It's the excitement of the 20 days or less or whatever it is to the election and how well Kamala is doing Let's just get off with the politics looking into politics So I don't know how much of this you were able to see I know you were doing a little bit of traveling Karen But we this is the juxtaposition for the American people.

You've got Kamala Harris going in the belly of the beast and doing an interview on Fox in Pennsylvania with Bret Bear, pardon me, in which he does masterfully. He's in a hole, sorry. He interrupted her a number of times, which was like he would never do that to a man and I'll say that out loud but she held her own because she's gonna be the commander-in-chief and she's gonna be the president of the United States and she needs to and You know, they tussled about immigration some other ridiculous things. She goes does that

At the same time Donald Trump in an earlier recorded town hall only women were invited and not just any women It appears that Fox in an earlier recorded town hall, only women were invited. And not just any women. It appears that Fox planted a number of Republican women that were personally invited to see the audience and cheer and clap for Donald Trump. Like he's at, like it's a seventh grade birthday party or seven year old birthday party. And so Donald Trump, who's busy attacking CBS

and all these other news organizations for, oh, they should lose their licenses. They rigged it. It was rigged and editing was rigged. What about when you rig the audience in a town hall, a town hall where he claimed that he was the father, that's an interesting choice of words, of IVF. We're going to talk more about the father of IVF, Kamala Harris's response to that, when she then appears on a stage with 12 Republicans, top top people, all endorsing her at a campaign rally stop in

Pennsylvania, right? And then Donald Trump threatens the American people with using the military against them because he claims they're the enemy of the people and he's gonna also invoke war powers and's going to invoke the Alien Enemies Act if he ever gets back into office in order to throw out, I don't know, 11 million people here through immigration policy, including Americans? That was just the po- Which part of that did you see? And I'm going to kick it over to you now.

Well, I'll tell you, I was more can't get over the dissembling before our very eyes when he did that rally with the puppy killer, whatever her name is. The Christine Noam or whatever her name was supposed to be her comeback tour. And suddenly he kind of loses his mind and they turn the music on and he's standing there for more than 30 minutes Looking like frankly somebody who is dissembling before our very eyes. I mean you have the clip Yeah, well, yeah, I'm sure we have the clip and he keeps to he keeps he keeps tweeting That he's so healthy and his medical records are so much better than Kamala Harris's and he's perfect this and perfect that, well, release them. Release it, you know, because frankly, he looks like he is deteriorating before our very eyes. And it's not only, it

would be weird, except that he's trying to be the commander in chief. And so it's terrifying and dangerous. It's absolutely shocking. That's something that I can't get over. Playing Y.P.A. Yeah, Salty, roll the clip and then we'll comment on him. We got a clip. Let's not do any more questions. Let's just listen to music.

Let's make it into our music. Who the hell wants to hear questions? That's in that beautiful though. It's a beautiful we played that in Butler, Pennsylvania, we had a moment of silence and then we had the bells of Notre Dame go off and then we had a great opera singer Christopher who was so incredible and a great great opera singer. Oh, we don't have him. We don't have him dancing. At one point he danced to the gay anthem YMCA and to Leonard Cohen's Hallelujah,

which resulted in a cease and desist letter from the estate of Leonard Cohen and Rufus Wainwright to tell him to stop doing that. What are we watching in the final days of this campaign? Also, by the way, if you listen carefully, he sounds like he's slurring his speech. There is something going on there that is just not, in addition to the fact that he recently,

it was widely reported, experienced some incontinence issues, right? And I just think he's got some health issues that we have a right to know about if this is somebody who thinks he's going to be, and first of all, he's unfit 10 ways to Sunday in every way. But I think in addition to his psychiatric issues, his narcissism, his sociopathic tendencies,

and frankly, the fact that he can't tell the truth about anything. I think that now we have some serious medical issues going on because this is just not normal. It was actually shocking. It was how I felt frankly when I watched the debate with Biden and Trump when everyone was said, you know, he needs to step down and he can't run. This absolutely Trump is at that point now. And hopefully someone will step in. It's just crazy. I mean, because really what we're voting for is we're voting for Vance because Trump is not going to be able to serve for four years. So if you like President Vance, if you think that guy is the guy who should be our next president, then then go ahead and vote because Trump, the only Trump's

Trump's game here is to win the presidency, so he can dismiss all the cases against him, pardon himself and all his friends and family, and then I'm sure he'll, you know, die, or just kind of, you know know right off into the sunset and Handed over to Vance. He doesn't want to serve four more years. He's not fit to serve four more years He just wants to this has always been his get-out-of-jail free card Yeah, think of the four things that he's done since that bullet whizzed by his head in Butler, Pennsylvania And and to tell me that this shows proper judgment.

Very first thing he did was pick Vance the next day. I mean, and then how's that going for him? This 49 year old, fabulous, who can't keep his story straight. I love the chubby cheeks, beardless. I like chubby cheek, beardless people now. I like the chubby cheek, beardless Vance from four or five years ago when he was shilling his book, saying what we always knew, that Donald Trump's an idiot,

that he's a loser, that he is the opium or the heroin in the needle of America's arm, that he is America's Hitler. That was J.D. Vance. So he picks J.D. Vance. The very next thing he does is he forms an alliance with RFK jr. That vax denying You know bear cub killing or you know brain worm eating

Guy hoping to get his I don't know what voters that he was able to deliver. That was his second major of his second major decision. His third was all of this stuff that he's done during not only the debates. Pardon me, but now I thought the low point, the nadir was the 26 minute mark in the debate. Pardon me, I have a little tickle today. Pardon me guys. 26 minutes into the debate when he said they're eating,

they're eating your pets, they're eating your pets, they're eating your cats and dogs. I'm like, oh, could he go any lower? And now I gotta hear him threaten the American people, fellow Americans with using the US military on them as the enemy of the people, which is a violation, I will go over it at the appropriate time, a violation of at least three different laws on the book since the Civil War, just after the Civil

War, and double down and triple down on it. And then you have this weird, who's any questions? Questions, we need the music, let's play the music. We can't play the music because we had a copyright problem. But we would normally show you him, whatever that was, to whatever that is, if that's not him completely gassed mentally, emotionally, and otherwise, and he won't release his medical records. So we know because any normal human being that had some sort of whatever rolled by his ear, he would have some sort of concussive syndrome, and yet he's out. And the last major decision that I did a hot take on recently on the new channel, Legal AF MTN, is that he's, he's outsourced his entire get out the vote campaign to Elon Musk, who's never done that before. And you know how things go when Elon takes over an entity that he's never done before,

because we saw what he did for Twitter and X. so he has no idea what he's doing he's just spending money like a drunken sailor sorry sailors and he spent 200 million he's got 200 million dollars in from various donors he hasn't set up a ground game he hasn't set up field offices he hasn't set up knock on doors getting souls to polls he's pissed off to Santhas in Florida So the Santhas isn't mobilizing for Donald Trump imperiling the ability for Donald Trump to win Florida. He's gotta win, Florida But this is what you get. This is what you get when you have Donald Trump and I agree with you I like that analysis what explains it all is he doesn't give a shit and And he just wants to make it to the finish line.

Or as I said, like the seven year old during a game of tag who just needs to get to the safety base to beat out the prosecutions in order to wave a magic wand. And then he can say, all right, you're right. 40 year old JD Vance, it's all yours. Yeah, that's exactly right. That's exactly what I think is happening. I mean, it's just really terrifying. And what's the answer? Get out and vote. Everybody go out and vote.

I'm so proud. My youngest, who's 20 years old, actually filled out her registration form tonight and we're putting it in the mail tomorrow. And I'm thrilled, you know, that young people are dying to vote, frankly, and that it's so important to them. Whatever that inertia was that was around a while back is not the case right now. And I think that's amazing. And despite the fact that Trump is doing everything he can by filing all these lawsuits, these election lawsuits, and having people file them in all the swing states, so that he has lawsuits pending, that he can essentially hit the go button if he loses in

any of the swing jurisdictions. And he'll claim all sorts of things, right? He'll claim election interference. He'll claim dead people are voting. He'll claim that illegal people are voting, whatever, whatever the horrible lies he will tell, and he'll get it so that he'll try to convince the states, because he couldn't convince Mike Pence not to certify the election. Of course, he's not going to convince Kamala Harris, whose turn it will be this time to not certify. So his goal now is to figure out how to get the states not to certify the election so that he can try to steal it once again. The only answer is to get out the vote so that we can win by a landslide, not by anything that can be questioned by anybody. And that's the only way this time. And so everybody has to vote. Tell everyone

you know to go out and register and vote. It counts. It matters. Yeah, I want to turn what the Republicans say on their head. They say, we got to make the we got to make the vote too big to rig. Okay, just we just have to make the vote in the electoral college so large that we crush MAGA once and for all and put Trump out of his misery and put the input and end this long national nightmare that is the threat of the return of the Trump presidency. I loved your interview with Judge Ludwig. Ludwig, yeah, sorry.

It was so good. But I loved my favorite thing that he said was this isn't an election about left versus right. It's an election, or, no, left, yeah, left versus right. It's an election about democracy. And it's really, you know, it's about right versus wrong, is I think the way he put it. And it just was so smart because it's true. Our very democracy is at stake in this election.

And I have a lot of friends, I'm sure everybody on social media has close friends who are Trump supporters. And they post things like gas prices during Trump, that they claim was much lower under Trump, or they post things like egg prices. I mean, that seems to be the one thing that gets people motivated.

But it's just interesting to me that nobody that these low information voters or whatever you want to call them, you know, people who just sort of don't really dive as deep as we do in all this stuff, that's all they think about. They don't realize that our liberties, our democracy, people talk about how fragile democracy is. I never quite understood it until now, what they mean by that. But really our freedoms, our way of life, our independence and our democracy, that's what's at stake at this election.

It's not about whether you are somebody who believes in the left or the right. You know, I was on an airplane and it was kind of a long flight. And so I watched this HBO series called The Regime with Kate Winslet. I think it was like six or eight episodes. And it's just about a fictitious European,

middle Europe country. And it was fascinating because it's all about how these alliances and annexing these, it's just all about kind of what's gonna happen if Trump gets elected and the alliances that he is setting up with dictators, with not with even wants to get out of NATO, and he's setting it up so that Putin and, you know, all his other dictators that he seems to really like and call and spend time with and forge forge alliances with and they're preparing they're preparing a really scary

Scary world and it's not just the United States It really is terrifying what what he's trying to do to this country and what what his followers are trying to do to this country So it's just really important to get out the vote obviously more than ever at this time You know, it's not a low information voter our audience Anyone that's part of the Midas Mighty or the Legal AFers. We got almost 10,000 of them here watching us live record this Midas Touch Legal AF YouTube midweek. And if I could reach out and hug, maybe you don't want that. If I could say, I could shake the hand of everybody that is on this channel. I know Karen would do the same thing.

We would, because without you, there's no us. I mean that seriously. And we're going to get off the politics and go to the intersection of law and politics next. We're going to talk about the update you all on the DC election interference case. What's going to happen before the election, that's important, what's not going to happen

before the election. And then we're going to talk and we're going to teach you a little bit about criminal discovery and the exchange of documents, the government's obligations and the burden on the defense, on their defenses, and that'll be fun. Sort of a breakout legal AF law school moment. Gotta go to Georgia for two reasons.

You got Fonny Willis is not taking no for an answer. And she's seeking to have the six counts that were dismissed against Donald Trump, including related to that infamous phone call where he was just looking for 11,000 votes, just trying to extort the Secretary of State of Georgia. There's an appeal related to that. We'll talk about that. Then of course, what Judge McBurney and another judge has done in order to shove the state election board, which I like to call the Trump election board, off its axis as they try to pass all sorts of last-minute new rules since they got control of the board at the Georgia level, including

one, just give you just a teaser on this one, hand counting the night of the election every voting machine, every precinct, in every county in Georgia and have that done in two days. That was that was a rule until some judges said yeah I don't think that's gonna happen for this election. We'll talk about that and then the attacks on America and Americans by Donald Trump and the threats and what it means and what it means when a person running for the highest office of the land looks the American people in the eye and says I am going to use the US military against you

because I find you to be an enemy and I find you to be criminal and I'm going to weaponize the Department of Justice and other investigative agencies and go after you. And what we can do about it, I always like to leave these podcasts with what, the call to action, what to do about it in the always like to leave these these podcasts with what the call to action, what to do about it in the remaining 20 days. There's a lot of

things you can do here and you are doing here on Legal AF. One of them is this I got to really thank the audience for this. We are at only the 28-day mark in building the new pro-democracy YouTube channel in collaboration with the Midas Touch Network. Legal AF and Midas Touch got together and said we got so much to talk about at the intersection of law and politics, we're bursting at the seams, we've got to spread our wings, we need a new channel. And I'm the chief curator over there of a new channel called Legal AF MTN for Midas Touch Network and in 28 days we have 222,000 subscribers. It's unheard of.

It's one of the fastest channel builds I've ever seen. We're going to get to my, I think we're going to easily get to the 250,000 I said by October by Halloween and that's all because of you. And just taking a moment, that's another vote that counts free subscribe to legal AF MTN bring friends and family and Subscribe as many times as they allow you That'll be very helpful other ways to support the show is support the other podcasters here that have other shows including miss trial We have a graphic for mistral it's coming this trial Thursdays tomorrow Karen Freeman Icknifilo anchors it along with Tanya Perry and Kathleen Rice, a unique perspective brought by former prosecutors,

tough as nails. I like the way that sounds, tough as nails prosecutors and they'll give their spin at the intersection of law and politics tomorrow. And then we got our our sponsors which we handpicked. We use the products. We endorse the products for a reason. They know what we're gonna say generally and they like it and they love it and they want to attract an audience as as clients as customers. If you can afford it and you like the item, you like the product, try it out. At least watch the video. It really helps us keep the lights on at our network. Some people were like, I don't like the video. It really helps us keep the lights on at our network. Some people were like, I don't like the commercials. Well, listen, there's a fast

forward button if you want to watch it later, but we need the sponsors in order to continue to grow our network, our channels, our work. The Midas Touch has nine podcasts or so that it has. It has a brand new sub stack called Midas Plus. Legal AF is gonna have a Midas Plus for sub stack. I mean, the stuff, you know, listen, nobody works for free. Let's just leave it at that. But we really appreciate our sponsors. And here is our first batch.

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And we are back with my revolving door of facial hair and haircuts and glasses. It's almost like a new person every time. I have even, I'm shocked sometimes. So let's talk about shocking things that happened in the DC election interference case. Not the one we were hoping for. It may come any minute now. I keep checking the docket. What we're waiting for

is the 500 page plus tractor trailer load of evidence, supplemental evidence that backs every line in the 165 page brief filed by Jack Smith a couple weeks ago. It's been with the lawyers. It's been with the judge, just not in the public domain yet because they've been waiting for Donald Trump to quote unquote explore litigation options, which we thought was like a veil of threat at the judge, but he hasn't done a darn thing. Didn't ever filed anything.

Judge knew he wasn't gonna do that. She, cause you know why? Cause she's smarter than he is and definitely smarter than his lawyers. So nothing gets filed. She's gonna hit publish, I guess, tonight or tomorrow. You and I will, oh my God, we'll go through all of our ink and our printer to print this thing out and circle everything. There's going to be a lot of new evidence in there that

we haven't heard from before that the American people are either going to accept, find interesting as reported or ignore, depending upon where your vote is. That's what we're're waiting on you want to take it from Karen why don't you take it from what we know has already been filed and what do we think is gonna happen based on those things you want to take the discovery one or the Jack Smith one on on the Congress obstruction charge sure we'll start with the obstruction charge one. So basically, essentially what's going on now is, if you recall, that there's a Supreme Court case, Fisher versus the United States, that came down and said that two of the counts that he's charged with, so it's obstruction of an official proceeding,

18 U.S. Code section 1512, Fisher essentially said that in order to charge that charge or be convicted of that charge, you have to have interfered with documents in some way. You have to have, there has to be something tangible that you had to have used to obstruct the official proceeding because it basically came out of a white collar situation. As a result, that's what that ruled. It affected a small number of the Jan 6 cases, people who were only charged with that and that they basically didn't do something active like that. But the question has always been how is that going to impact this particular case? And Jack Smith filed his brief and filed it in the Tanya Chetkin DC case saying,

essentially, why the defendants knew arguments. That's how the brief started. It said the defendants knew arguments. Basically trying to, because this has been litigated and gone back and forth between them a couple of times anyway already. But now the defendants making, Trump is making new arguments,

and he's wrapping them in the immunity decision to say, oh, you know, now you have to dismiss the whole indictment because of both the immunity decision and this Fisher case. Right. And but he's essentially trying to dismiss counts two and three, which are which are the obstruction of a official proceeding and conspiring to obstruct official proceeding. And Jack Smith really hit back pretty hard and said, look, the Fisher case, first of all, didn't invalidate 1512,

but you are making this as an argument now and it's really a jury question. It's not a pleading question that you're asking for because there's certain pleading requirements in an indictment. And what is an indictment, right? An indictment is just a way to inform the defendant of what the charges are. It's required by law that prosecutors have to do it. It's a bare bones document that you set forth. What are you charged with and what are the essential elements, the facts that support the elements, not all your evidence,

not proof beyond a reasonable doubt. It's reasonable cause or probable cause to believe that a crime has occurred and you have to set it out. And the actual standard that has to be in an indictment, the relevant inquiry that a judge makes when they look at whether an indictment is pledged sufficiently is whether sufficient allegations provide a quote, statement of the essential facts constituting the offense charged and adequately inform the defendant of the crime or crimes with which he is charged.

And that comes from case law and from federal rules of criminal procedure and it's all cited in the brief. And so that's really the question. And so it's a rule 12B analysis that the judge looks at the indictment and the sufficiency and basically looks at the motion and says, are the allegations in the superseding indictment now, because that's the indictment that has the charges, are the allegations sufficient to permit the jury to find that the crimes charged were committed?

That's it. If you wanna say, and clearly this superseding indictment that Jack Smith has set forth, Fisher came out before he did the superseding indictment. He knows what's required to be pled. And so guess what he did? He pled the facts in the superseding indictment

that talks about how Trump essentially either impaired the records, documents or objects or other things used in the proceeding. How did he do that? By making fake electoral certificates or causing them to be made or conspiring to have these fake electoral certificates to be made and delivered to the archives, delivered to Congress, right? And that's what he was trying to do and attempted to do when he, you know, Fisher explicitly, by the way, says that it applies when you are creating false evidence,

and that's what he is alleged to have done. Whether he did it or not, that's for a jury to decide. That's where you present your evidence, you cross-examine the evidence, and then whether or not the prosecutor, who would be Jack Smith in this case, meets that beyond a reasonable doubt, that's what the jury decides. But was it pled sufficiently? Was it alleged sufficiently? Was it written down sufficiently? That's what the inquiry is here. And Jack Smith basically was like,

yeah, we had Fisher, I know what's required. I put it in and he's going to lose. Jack Smith is gonna win this and Donald Trump's gonna lose this motion in my opinion And so that that's what's going on with the the Fisher the Fisher case and the I agree with you No more to add there. I agree. He's gonna lose he's gonna lose He's not gonna get the two counts dismissed or the four counts dismissed that he was trying for

You know hit the nail on the head. There's a very good reason, and that is the reason that Jack Smith went back to a grand jury and got a superseding indictment before he had his first his new status conferences in September, because he wanted the benefit of having now seen both the immunity decision penned by Chief Justice Roberts and the Fisher decision, which you've which you've outlined, penned by Chief Justice Roberts and the Fisher decision, which you've outlined, Pen by Chief Justice Roberts. He wanted that. So his prior indictment, which didn't have the benefit of the new changed law, new legal landscape,

he was like, well, screw that, I'll just get another indictment where I leave out certain allegations that won't fit this new box that I've been given right so rather than trying to bang an oval peg into a round hole I'll just get a new round peg and I'll shove it through that hole and that's what he's doing and so he he said alright I know how to indict around the Fisher decision I know how to indict around the immunity decision and that's how to indict around the immunity decision. And that's what I'm gonna do.

And he got rid of anything that was extraneous and anything that was not gonna fit with the new world order established by these two decisions over the summer. Boom, and there you go. And the judge, this judge at least, first stop of the train, is gonna keep the indictment, send it to the jury.

You don't have to, as you said, as a prosecutor, you don't have to show all your evidence at this moment. We have that unusual circumstance to defend the superseding indictment. He's had to put out most of his evidence, but you don't have to do it for all of these things. He doesn't say, well, we have this witness and this witness and this witness and this witness. That's all going to support it. He's got what he needs from the Fisher decision. Fake evidence. Do we have fake evidence needs from the Fisher decision. Fake evidence. Do we have fake evidence alleged in the case, indicted in the case?

Yes. What are they? The fake elector certificates. Thank you. Next. This should be a very short order by Judge Chuck. And I expect it, maybe not tonight, but I expect it any day now.

I think this will be, she didn't ask for another brief. She's done with the briefs. She's gonna rule. And then outside appellate issue for whoever's on the losing end of all of that. And speaking of the losing end, Donald Trump was on the losing end of a 50 page decision, which guts his BS defenses. She was never going to let many of these defenses see the light of day and go to the jury anyway, but in advance she's completely gutted his request for

documents in order to have any of these defenses, which again are BS. In particular, Donald Trump wanted 16 categories of documents from nine different governmental entities. He wanted to expand the definition of who is the prosecution team to include other other components of the definition of who is the prosecution team to include other other components of the Department of Justice. The prosecutors down at Mar-a-Lago doing that other case. Oh the prosecutors who are prosecuting the Jan 6th defendants in Washington. Everybody, the entire national, the national defense and intelligence community, we have to look for documents everywhere.

And look the way it works, I'm gonna turn it over to the former prosecutor, knows it well, the way it works is you got three types of stuff that you're entitled to as a criminal defendant in the U.S. justice system federal. You have something called Brady material, you got something called Jenks material, and then you got something called Rule 16. You ask for it, and if it's material and relevant you'll get it material if you're a defendant on the first two the government has the burden that's what you want you want that you

know the prosecutors have the burden beyond a reasonable doubt they should have the burden to empty out all of the information that goes to either witnesses we call that Jenks or Brady goes to stuff that evidence that is or information or items of discovery documents, audio, video, text, emails, forensic results, whatever, that tend to prove somebody's guilt or innocence. And you have to, as a prosecutor, you have to turn over janks and Brady, or it could lead to the dismissal of your indictment or the overturning of your conviction. So you don't want to do that. And the judge warned, I mean I think she does it in every case, I don't think she

thinks that there's any evidence that Brady has been violated, but she said, you know, prosecutors you got Brady obligations, make sure you go through, double-check, make sure, turn it all over. On Jenks she said, you know, a couple of witnesses here, yeah, probably Jenks material. On the abundance of caution, why don't you turn that over. And on the rest was Donald Trump's whole, I want the 2016 intelligence briefing about corruption in the 2016 election. Well, this is about the 2020 election. I want the Department of Justice's Bible about their 2020 election. Well, how does that link to your own criminal mind

if you never got it? So she went thoughtically through all of his categories. And there were a couple of things she gave him, but most she didn't. What did you take away from it from a prosecutor standpoint? Yeah, look, as a prosecutor, when you have to turn over your whatever material to the other side, it's a slog.

I mean, it's a lot of work. Because it's not like you open your files and give everything. When you do an investigation, your investigation, as we say as prosecutors, you follow the facts wherever they lead. And sometimes you hit 25 dead ends before you even know exactly where you're headed or what's going on. And sometimes you can go off in different directions and then you have this investigation that goes over here.

And your files can be voluminous. You know, you could look up people's social media, for example, but only a small sliver of it has anything to do with the case. And so you subpoena all of it, but you only use some of it, whatever. There's discovery could be huge and enormous. And sometimes it is just, you know, it's tricky because it's not like you can read millions of pages of documents, which is kind of what you have now. You have terabytes of data because with emails and text messages and videos and social media and calls and all the electronic information that is now available, people leave a digital footprint behind wherever they go. When we used to go back and write these parole letters for old cases, those were letters that we'd write as young prosecutors for people who

had served 20, 30, 40 years for a homicide back in the day. You have to order the file and look at it and see what position are you gonna take as a prosecutor. The murder cases, I remember once there was a murder of a police officer case, the file was this thick. I mean, and for people who are just listening, I'm holding my fingers up about two inches. Now that the amount that the files today, if you were to murder a police officer,

you would have literally carts worth of records and documents and terabytes worth of data on hard drives that you'd be turning over. And the way you look through it is you do search terms in your computer, relevant search terms, to look for things that comply with these statutes. So it's just a daunting task, generally speaking, in any case. And then in a case like this that absolutely spans more agencies than you can imagine, more law enforcement than you can imagine, right? January 6th, you saw the number of people who stormed at the Capitol. And so, again, that is relevant because he is charged essentially with that's part of his crime. So I can only imagine the millions and millions

and millions of documents and data that exist in here. And of course, what is the defense trying to do? They claim they want it all. They don't really want it all, but they want to torture the prosecutors to go get it all. And then if they miss something, that's what is that? Reversible error. So they're trying to create a record

to both really just bury the prosecution in paperwork, make it so they can't comply, and also have access to literally everything so that they can go on a fishing expedition. So this is a monumental task that they're trying to achieve and they asked for everything. They asked for everything under the sun and as you said the prosecution is only required to turn over three types of evidence, right? Number one is Brady material and Brady material there isn't usually a lot of if any Brady material in a case, hopefully, because Brady is defined as evidence

that tends to exculpate or show the innocence of a defendant. So if somebody's guilty, hopefully there's not something in the documents that say, oh, he didn't do it. But if it's there, not only do you have to turn it over, you have to identify it and say, you can't just bury it in a mountain of documents and say, oh, it was in there. The needle in the haystack was in there. No, as a prosecutor, you're obligated to actually point it out to a defendant. So that's Brady. And prosecutors are like, yeah, of course we know our Brady obligation, but fine, you know, the judge will remind them. And the second, as you put it, is Jenk's material. And those are just witness statements, so prior statements of witnesses. And so basically you get to see what witnesses have said and that is written down, prior statements.

So it's usually FBI, I guess they're called 402, I think they're called 402, I was a state prosecutor by, so I think that's what they're called. You know, FBI reports and any other place that they had written prior statements of witnesses. And it's people who are, you have to have control over this, right? So there could be prior witness statements that are not in your control, that are in somebody else's hands, right? It has to be in the control of the prosecutor. And I'll get to that in a minute because that's relevant here. And then of course, the third category is what you were saying is kind of everything else that the defendant is entitled to by statute, things like electronic recordings or scientific reports, tests, lab tests,

you know, that kind of stuff, just things that it's like general discovery that they're entitled to. And so there's a lot here and millions of pages have been turned over already, but they want more. And it mostly falls into the category of what you were talking about, of what's in the control of the prosecutor. And essentially, look, what is in the control of the prosecutor, right? What agencies are part of the investigation? What agencies are kind of considered

part of the investigation and prosecution of this case. And here it's pretty big. And so, you know, basically what Judge Chutkin said was, look, the entire United States government, no, that is not part of the prosecution team. The entirety of the Department of Justice, no, that's not part of the prosecution team. And that's important because otherwise they would be tasked

with looking through every single thing that ever existed, every email in the entire Department of Justice, the entire Department of Defense, the entirety of all these government agencies that truthfully had nothing to do with this. Does every single government agency have something with the word Donald Trump in there? Yes, of course, because he was president of the United States. Doesn't mean it had anything to do with this case. And so, they wanted so much and really what Judge Chetkin did, she did an excellent job, I thought, at really kind of narrowing it down to what's relevant here and what would be fair and reasonable and relevant for Donald Trump.

And so things that have to do, like, you know, things like prosecutors who worked on the case, but who are no longer working on the case, you know, yeah, they have to look through their emails and their text messages and their files, make sure that you got everything from them, right? Make sure they didn't have something in there that you didn't have. Or, same thing with the special counsel's investigation with Mar-a-Lago. Yeah, you don't have to turn over all the Mar-a-Lago stuff, but anything that you do have to search

and see if there's anything relevant from those prosecutors here in the Washington, D.C. case, things like that. So, there were things that I think she gave them very narrow. Makes sense. I am certain Jack Smith already knew it, thought of it, and was looking for that because he wants it to. He wants the evidence to he wants to know, oh, what do we have in the in the Jan six writers case that might help me prosecute my case? So he's

already looked through all of that, through all of the hundreds of cases and FBI agents who may have written stuff down and have it in their files. So Jack Smith has already done all this. He knows it. Just because Judge Chuckin is kind of reminding them, okay, yeah, you are entitled to that look again. And they've already done that and they will turn it over. I would be surprised if anything else gets to, goes to Donald Trump as a result of this order, but maybe they'll find a few pieces of evidence here or there. I have no idea, but this was,

this was not some big victory for Donald Trump. No, I agree. I mean, the National Guard being called out, that doesn't stop the fact that he lit the fuse that almost set the Capitol aflame. I really don't care about that issue. The National Director of Intelligence, he's going to trash Donald Trump when he testifies.

So he has to turn over some information about an interview with him. That's fine. Yeah, so it just guts it guts Donald Trump's attempt to try to use these crazy defenses at the time of trial. But all these issues again, that's after Thanksgiving. That's after the election. That's gonna be stuff that we're gonna be dealing with

in 2025, assuming Kamala Harris prevails. We got a lot more to talk about at the intersection of law and politics. We're gonna talk about some things in Georgia that are important including which is a battleground state that frankly let's just call it for what it is. Kamala Harris wins Pennsylvania and Georgia game over. She's the president of the United States and there's there's a path to doing that in Georgia and I think she's been helped by some recent rulings there to tamp down on some shenanigans and mischief by the Trump-controlled state election board.

We'll talk about that and some of the threats that Donald Trump has made against Americans. And we have new reporting just came out from Rachel Maddow that Donald Trump is doing it again. Talk about creating your own October surprise. Looks like he's paying off Stormy Daniels or trying to, again, to stop her from interfering with his election chances now. I can't even believe I'm putting that sentence together, but we'll cover all of that in more. We're going to take a break for our sponsors. Don't forget

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After you purchase, they ask you where you heard about them. Please support our show and tell them we sent you. Enhance your every day with VIA. I feel like... Please support our show and tell them we sent you enhance your everyday with vi And what am I watching Like I'm looking at another another podcast. No, I was looking at stuff related to this. I assure you look I got caught Welcome back Live television And so Carol

I've never seen you blush before Pope right am I blushing That's because of no beard. I got to grow the beard back so people don't know That I'm blushing. I blush a lot around my new daughter. Oh Yeah, she she'll just give me that look and I'm like and I melt and that's the melt and that's the end of my productive part of my day Let's uh, why don't we save a little time here for the audience. We got everything in Georgia Related to voting and we've got Trump unhinged untethered and now threatening Americans I'll take one you take one. Which one do you want? We'll do a potluck.

I mean, look, Georgia, how can you even? All right, you got Georgia. You just touched it. Go. Look, you know, look, there's a few heroes in Georgia and I would call them the judges, you know, that what's going on in Georgia, you've got this new thing, the state election board has been stacked

by Trump supporters essentially. And look, Trump is doing this insidious thing, trying to steal the election now at the local level, right? It's all about trying to steal it by court cases, by influencing how elections are conducted. And so Georgia, he has stacked this new thing called, I don't even know if it's a new thing, but the new thing is that there's new people from Trump, new MAGA people in the state election board. And the other new thing is they're making these last minute rule requirements for all the various people in Georgia that are tasked with conducting the elections,

running the elections, getting the ballots counted, certifying the elections. I mean, fine the elections. I mean, you know, the to vote at a state level is a huge, huge undertaking that has all sorts of people involved, a lot of volunteers, some paid people. And there are people who are in charge of this, right? Whether, you know, whatever you want to call them in your jurisdiction, they could be superintendents, they could be election boards, election boards. There's all sorts of people who are in charge and tasked with doing this because the United States Constitution says that the time, place, and manner of elections are held by the states. And so there's a state, so it's legislated in the states, there are statutes that get passed, but then you've got this thing in Georgia, the state board of elections that passed these rules that essentially tried to make it really hard for the states to certify, for Georgia to certify the election.

And it's all the individual counties that have to go forward and certify that, yes, there was two votes in my little county, you know, and I'm certifying that that's how many they were and here's who it was for or there's two million votes in my bigger county, whatever it is, you have to certify the election by a certain day. Yet these rules, there's one in particular that was widely denounced by all of the people who are getting ready for the election that's three weeks away, that essentially said that all Georgia ballots

have to be hand counted. And what happened is there have been these decisions by these judges, Judge McBurney in particular, our new favorite, Georgia judge, who basically said that, look, no, I might even think that hand counting is the right thing, but it would create too much chaos doing it at the 11th hour right now.

There's not enough time to train people how to do this. There's not enough time to hire people to hand count because the number of people that we have here that that we have hired or that have volunteered or that are in place to do to run these elections nobody's trained on this nobody's prepared to do this nobody knows we don't have enough people to do it even if they did it 24-7 what happens if if if the number comes up different than what the computer says, then what are you supposed to do? And so essentially what Judge McBurney ruled was that Georgia ballots are required to be, it must, you must certify,

and they must be certified by a particular deadline, and no, you don't have to hand count and invalidated that rule. And he basically said that the hand count rule is too much too late and blocked its enforcement for now. He said, look, we'll consider the merits of the case for the next election. And maybe this is a good idea, but we can't do it right now, it's too soon. And he also ruled that no election superintendent or member of the board of elections and registration

may refuse to certify or abstain from certifying. He said that, look, you're entitled to inspect documents but you're not entitled to delay certification or abstain from certification, which I think is good. What worried me a little bit about it is, look, what if one of these bad actors certifies the wrong person, but just because they want to, but, but he also noted that, that if you do detect something, the place to what you're supposed to do, if you, if you think there might be fraud, or if you think there's something amiss, then you refer it to the DA's office. That's what you do. You don't refuse to certify or abstain from certifying. So he basically said that, look, we don't have the budget for this.

We don't have the personnel for this. We don't have the training for this. And the administrative chaos that will ensue is inconsistent with our elections and what we do here. And he also said, look, you know, that what we have to do is ensure that our elections are fair and legal and orderly. And those are words that he used. And he hearkened back to January 6, and he invoked the memory of the riot by basically saying, look, we see what chaos does. And so he wrote quote, anything that adds uncertainty and disorder to the electoral process deserves the public. I thought that was my favorite line from, from what he worked.

But, um, we got another judge. Let me interrupt for one second. Another judge right next to him, judge Cox who just issued a final judgment in which he's declared unconstitutional and stricken all of these new changes by the state election board. This is his companion. This is reporting just coming out. Fulton County Superior Court Judge Thomas Cox issued his order just today after holding a hearing on the challenge rules, the hand ballot, the hand counting out, the rules related to reasonable inquiry and reasonable whatever related to the

certification out. In fact his order was quite succinct. Let me read to you from the order. It says, we have a cut, we have a page from it. It says, so this is a colleague of the judge handling a similar case with the state election board. The state and the state election board are hereby directed to immediately remove these rules, the ones we've been talking about here, from their roles and official reporting and to immediately, it's all in caps and black letters, inform all state and local election officials that these rules are void and are not to be followed through the same mechanisms that the state election board provided such rules

to the state or local election officials or through the same mechanisms that they inform the state or local election officials of these rules. Pursue it to the foregoing. This is the final judgment of this court and the matter is closed subject to appeal. So the good news is at least two different trial judges, right Karen, have decided that they are not going to allow the rules to get changed in September and apply to halfway through early voting and then two weeks before, three weeks before the election. Now it's up to a court of appeals at the Fulton County Atlanta area and then ultimately the Georgia Supreme Court. If they find it interesting they'll move expeditiously to try to decide whether my gut is even Georgia Supreme Court is not going to allow this rule change for this

particular election under various doctrines that I think apply here. We're just too close to have rules change with untrained or as McBurney said in his order, he said, I don't want anybody touching the sacred paper ballot, which are like the votes and have before they end up getting into the lockbox for final counting and adding more hands to this process does not make it more secure. It makes it less secure. And makes it less secure And I thought they were worried about I thought that was the whole thing They attacked Fonny Willis and Shea Moss about all the counting and they were putting votes in instead of out when they were running The video backwards, I thought they don't like human handling of ballots

So why are they injecting more human handling of bounce because they wanted to lay things to implement the strategy that you and I just talked about. Georgia Georgia you want to do Fonny Willis what she's doing? I mean she's just a if you remember Judge McAfee dismissed some of the charges again or some of the charges against Trump and his co-defendants and she's basically fighting back and saying no you need to, she wants the court of appeals to reinstate them. And I think basically what McAfee said was some of the charges that had not given the defense

enough specificity about the charges to adequately defend themselves, kind of like what we were talking about before about in the DC case, about the Fisher, you know, the indictment. The indictment has to give certain specificity about the charges so that, you know, it gives notice to the defense. That's what Judge McAfee said here in this, what is it, 168 page indictment or whatever it was. I mean, this is like the world's largest indictment, but somehow there was not enough specificity.

And so I think Judge McVie actually might be wrong here when he dismissed some of the charges against Trump. And so she's appealing it. And look, if I were her, I would do that too, because there's nothing else going on down there. You know, no one is moving too fast here So she might as well now take the time to fight for her case. So that's what she's doing Yeah, I think that you're right about that. There's a couple of them. She's not fighting. I mean

Judge McAfee decided back in June or July. He had two dismissal orders one in March You know I think one in June the one in March is the one that she's appealing now, the six counts that kind of go around the Raffensperger phone call, the 11,000 vote extortion phone call. But the good news is that the heart of the case, which is the Rico conspiracy, the Racketeering Influenced and Corrupt Organization Act organized crime-like conspiracy that puts Donald Trump at the center of it as the head is alive and well and kicking. I mean, Donald Trump's trying to dismiss it.

And they're trying to get rid of Fonny Willis still. So the hearing on whether Fonny Willis is going to be, the Fulton County DA to make the decisions about the case going forward is going to be held in December. And then the two counts that she, the couple of counts that she's not fighting, apparently, is that Judge McAfee said you as a state prosecutor don't have the right to go after what happened with the federal certificates, the fake certificates, as they win their way into Congress and the Senate with

with Mike Pence. That's for federal prosecutors And he said that knowing that of course, Jack Smith has that as part of the DC election interference case, at least against Donald Trump in that case. So yeah, we gotta just keep an eye on Georgia. She's still breaking bricks, breaking big rocks into little rocks, doing her job, cutting wood. She's going to get reelected. She won her primary.

McAfee is on the ballot as well, because it's an elected judiciary there. And he got appointed and now he's standing for elections. So, you know, this odd, you know, odd ballot in Georgia, at least in Fulton County, where you're gonna see Kamala Harris versus Donald Trump, then you're gonna see Judge McAfee running, and then Fonny Willis, all on the same ballot.

I wanna get somebody that lives in Fulton County, want to see a model or sample ballot please send it to me I think I'd like to frame that. So we're left with Donald Trump going after Americans and doubling down on it let me just explain it. This is the scariest story we've done in a long time. Yeah well okay so I never thought I when I'm leaving law school that I'd have to brush up for this show on the Insurrection Act, martial law, the Alien Enemies Act, the Alien Sedition Act, the Posse Comitatus Act. Look at that one. I pulled out of that one.

I don't even remember ever hearing that word before. Yeah, because I liked it. Like the way it's the Posse Comitatus. I liked it. And what it means is you're not allowed to use against civilians the might of the US military on American soil ever, ever. And there was probably a violation of it when he ordered General Milley to clear the square behind the White House

So he could walk to the church Donald Trump with his upside-down Bible. That was the first sign that he was Annie that he was the Antichrist the upside-down Bible That was probably a violation of the posse commentatus act, but the problem is you know, just to round it out Jeff Clark Who was the acting attorney general for 25 minutes or whatever it was at the waning moments of the Trump administration, when they said, when one of the advisors, presidential advisors around Donald Trump said to Jeff Clark, if he doesn't turn over the reins of power and transition and leave before the 20th of January, there's going to be riots in the streets to which he coldly and callously said

that's why God invented the Insurrection Act to suppress. You think Tiananmen Square in China was bad? Wait till you see the US military being used by Donald Trump against citizens to suppress dissent about him clinging to power. So the fact that he even used the I-word freaked me out. The fact that they were considering Donald Trump and others, including Sidney Powell, Patrick Byrne, Overstock.com guy, Giuliani and others, were sitting in the Oval Office and talking about suspending the Constitution, invoking martial law, and seizing voting machines machines and had an executive order drafted to do those things. That's scary Now he decides that he's going to use the alien enemies act Which hasn't been it's only been invoked three times only during war first time the

One time was the War of 1812, the second was World War II, and that was a dark mark on American history when we put into internment camps, concentration camps, not Japanese, Japanese Americans, because of World War II in Pearl Harbor. Okay, eventually the Supreme Court got around to saying that was a bad thing, but the fact that he's talking about we have a surge, a predatory surge of enemies inside our country now. And then I'm like, oh well who are you talking about? The Haitians in Springfield, Ohio again? And he's like, the enemies of the people are worse. We have a clip. We got a interview

with Maria Bartiromo on Fox News. This is all you got to know. Let's roll it, Salty. Let's remember you've got 50 fifty thousand Chinese nationals in this country in the last couple of years There are people on the terrorist watch list 350 in the last couple of years. You got like you said 13,000 murderers and 15,000 rapists What are you expecting Joe Biden said he doesn't think it's going to be a peaceful election day Well, he doesn't have any idea what's happening in welfare as he spends most of his day sleeping. I think the bigger problem is the enemy from within, not even the people that have come in and destroying

our country, by the way, totally destroying our country, the towns, the villages, they're being inundated. But I don't think the other problem in terms of election day, I think the bigger problem are the people from within. We have some very bad people. we have some sick people, radical left lunatics. And I think they're the and it should be very easily handled by, if necessary, by national God or if really necessary by the military, that because they can't let that happen. Okay, so by the way, Anna Navarro, I don't know if we can put that screenshot back up,

Anna Navarro, who's a Republican strategist, made this snarky comment about his appearance on Barteromo. She said if he gets any darker with his makeup, he's going to have to deport himself. Having said that, what are you, what are you, true, right? I mean, what was with the makeup but His face he looks like he's he's like he I'm telling you something's wrong with him. Yes But what did you think about the enemy of the enemy within which are all Americans and I'm using the US military against us I mean, it's terrifying. It's it's it's terrifying, right? It's the Handmaid's Tale.

The Handmaid's Tale is coming to life, right? This whole obsession with babies and having as much babies as possible and controlling women's bodies and who can have babies and who can't and what women can do with their bodies and having the military literally do things like curfews and who can leave the house and where you can go. And it's just really horrendous just what it is

that he is trying to create. People say, listen to his words. The scary thing is, what if he wasn't telling us what he plans on doing or what he's thinking? Thank God he does, because now we know. We know what's in his sick mind and we know what's in store for us. But I just never even knew that the military, that this was an option, that you could use the military on our soil. I always thought it was something you have to do

when you go to war against a foreign enemy or? Like, you can't use the military here. That's just not how it works. Like, we're a free society. We're democracy. We have liberties. And, and, you know, the president's the commander in chief. He absolutely has the right to order them to do things, but not against us, not against the people who, who are, are civilians who live in the United States of America. And, you know, look, so the Posse Comitatus Act that I never heard of until this whole thing has come up with Donald Trump the last couple weeks, you know, basically says that the federal military is usually barred from enforcing civilian laws, and that's period full stop, right? Can't do it. That's what police are for, etc.

Like that's how it works. And but the other scary thing is that this is not an absolute rule. And in fact, the exception kind of swallows the rule here because it allows military troops to participate in law enforcement when doing so is allowed by Congress, or the president has limitless discretion, right? It's just terrifying that the president, it doesn't give any guidance about when it's okay for the president to use it, but it lets the president use the military to take such measures that he considers necessary

to suppress any unlawful combination or conspiracy that opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. And so it literally lets the president deploy the Marines or the Navy or anybody to arrest people that they think are, that they, he thinks is engaging in an insurrection or is a traitor or, I mean, you know, and the only recourse to take this power away from the president essentially is Congress to pass a law.

And, but not ahead of time, the president can still do it. If he does invoke it, if he does deploy the military, then Congress can pass a law ending the deployment. But let's play this out, right? The president can refuse to sign that law. And then Congress needs a two-thirds majority to overrule it. Plus, plus thanks to the United States Supreme Court, he's immune. So now he can order SEAL Team Six to kill his rivals on American territory. And he's immune. He's immune because he has the power now to do this. So he can abuse this power and be immune from it because he'll just say, I was, I was part of my core presidential function So, you know, it just it really kind of terrifies me about what's in store

If we have another Trump presidency and he's telling us what he's going to do. So listen to his words Well, we've reached the end of civilization and legal AF as we know it Thank you for joining us here for the final issue and final episode of Legal AF. Look, let's leave it on an up note. What do we call it? Popocan? Let's leave it on an up note. This is, this is not rocket science.

This is voting. And if Democrats and those that support the credit causes, whether you call yourself a liberal or progressive, no affiliation or whatever, those that are women and those that support women, if we vote, if we just vote in the numbers that we represent, we win the election. There is no doubt, I don't care what the polls up down,

like it's a stock market, a tick tock, it's not. We are the bigger party. We have the more registration in most of these states. And if we just have the enthusiasm and I don't even do, I don't need a rally. I don't, right, because rallies, to be honest with you, I've seen enough rallies from history like in Nazi Germany and they don't get me that excited. I mean, they terrify me. So I don't need a rally. That's not the level of enthusiasm we need. Just the level of enthusiasm that gets you, maybe a neighbor, maybe you drive a neighbor, you know, especially somebody that's housebound. Maybe you deliver their absentee ballot, whatever you're allowed to do in your particular state. And you do it. And when you have the opportunity to vote,

you see Georgia as your model. Day one of Georgia voting, day one of early voting in Georgia, they were expecting less, less than the 150,000 or so that voted at COVID. They're thinking less. It was double. 330,000 people showed up. That's a bad sign for Donald Trump. Because most of the majority of early voters, mail-in voters, and absentee voters are Democrats.

And Kamala Harris enjoys a 17-point advantage for what I call early voters. And they end up being about 80 million ish of the vote total. Donald Trump enjoys a 9% advantage for people who show up the day of on election day but that's only like 65 million people. So you do the math. If she's up 17% on an 80 million population of voters and he's up 9% in a smaller population, it's a mismatch. Plus he thinks, Donald Trump thinks he can mean tweet his way to the White House and just do big rallies and plants at his town halls by Fox to try to help him.

And that's going to win because he points, I guess, in his mind to Joe Biden during COVID, one from the basement, as he likes to say. That was a different time. We're different people. We have different, we have told different mores and customs and behaviors and conduct. We dress differently at work. We don't show up as often at work. We live differently.

The 3% surcharge for credit cards at restaurants isn't going away apparently. I still have to box my leftovers. There's just life-altering things that happen during COVID, including voting habits. And so if we vote, and the we is the is a royal we, it's everybody, if everybody that not here and gets other people to vote, I'm sorry, I think I got Barack Obama personally elected. I mean, I do. Because it wasn't just me. I got at least, I was responsible for at least 10 people voting for Barack Obama on election day. I know it for a fact. And I worked the polls as a lawyer for the Democratic Party. And I saved personally, this is my little bit

of heroism, I saved personally at least 15 ballots that were that were destined for the provisional ballot pile and and worked through the law on the books at the time to convince the election supervisor for that precinct that they needed out of a big stack needed to go into the regular voter pile. And so, and, but I'll tell you what I didn't do. I didn't do that for Hillary Clinton. And then I had no one to blame the next morning, you know, the hangover the next day when I said, Oh shit, she didn't win. I thought she was going to win that. Yeah. So for Kamala,

you have to leave it on the field. You have to do everything that you possibly can do from now until the election. We have less than 20 days left, or whatever it is. Voter registration is still going on. Karen's, whatever, Karen's daughter's just registered. Jimmy Carter, who may not see, unfortunately, the actual poll results, he voted already. And so that is the level. Just vote. If you just vote and bring a few more people with you,

Kamala Harris is gonna be sworn in as Madam President-Elect of the United States, along with Tim Hultz. And if you don't, then it's not just, I gotta listen to this A-Hall for the next four years. It's what it means for the guard rails around our democracy, what it means for the institutions ofils around our democracy, what it means for the institutions of our society, like the criminal justice system and the judges and the prosecutors

and the Supreme Court. What it means, God forbid, he gets another two picks and gets for not one generation, the next two generations, we're going to be dealing with a six to three or seven to two super mega majority that's's gonna outlive him? What can you do about it? It's easy. It's like, this is the easiest thing I've had to say all day. Vote and bring five or 10 other people in your family,

regardless of where they live. Don't care. Don't worry about them. I'm a blue dot and a red seat. I don't care. Vote. And if you got time, go and work with the Democratic Party in other states where your vote matters and you can help them on the street. You can help them

with door knocking. You don't have to be registered in that state to go knock on doors or work a phone bank. You could do that from the comfort of your own home. So I got to talk to this audience. And yes, there's still some people I am sure, because I can tell from the chat, and I can tell from personal communication to me, there are people in this audience that have still not decided who they're going to vote for. I know it's hard to believe. And that's one of the reasons at the intersection of law and politics that we spend so much time talking about and ripping back the curtain to show you who Donald Trump is and what our society will be like if he gets his hands on this democracy for another four years. Or as Geraldo Rivera so eloquently put it in his latest tweet where he finally the scales have dropped off his eyes after this amount of time

to his former loyal friend Donald Trump, Donald Trump stabbed the constitution in the back. Yes, I agree. But the only thing I've agreed with the Geraldo Rivera in the last 20 years. I see, I disagree. I think Donald Trump has stabbed the Constitution in the front. Okay. He's not even doing it in the back.

He's doing it right in the front. Like we know exactly what he plans on doing and he's doing it. So, that's my only, my only question. What's that old line? He's got my back because it makes it easier to put the knife there. Yeah.

You know that. And the other thing that, that just, the other thing that pisses the shit out of me, talking about these stabilizing institutions in our society is that he turned, he turned Americans in need against FEMA. FEMA is being prevented from working in places like North Carolina and Georgia to provide aid and comfort to people in distress because armed militia in certain areas are scaring the shit out of the FEMA workers and the sheriffs have had to intervene. One guy got arrested

already for taking up the court because you know Donald Trump has the ability to activate the sleeper cell of crazy in his party. It's terrifying. Right, and it's terrifying. And who would have thought FEMA, of all things, you're gonna go after for cheap political gain? And then Donald Trump said, so long, Georgia, so long, North Carolina.

And then it's not like he had his own, he has a shadow government ready to go in. He doesn't have a shadow FEMA. He's not providing the services. He and Billy Graham's son don't have enough water and food and fuel and rescue operations to replace FEMA. He just craps all over FEMA. And then he leaves with his little traveling circus to the next place, to crap on the next place. And the immigrants there and this there. And this is that the minstrel show. This is the terrible show that he's doing. It's like a reverse minstrel show that he's doing to try to get votes at the expense of, you know, humble Americans.

It's really, truly, it's really disgusting. Are we leaving this on a positive note? I thought so for a minute. Well, I have a positive note to leave it on. Thank God. Go ahead. You happen to leave out something when you talked about make sure that we stay tuned for mistrial tomorrow. Oh, what is it? Special guest tomorrow. I love this guy. Because, because Donya Perry actually can't make it tomorrow. So Michael Popok is joining the ladies. Michael Popok is joining the ladies tomorrow. So we are so honored that you will come back and that you will be there. And we can talk about this with Kathleen Rice, former member of Congress. She was there on January 6.

She's a former elected DA and former federal prosecutor. So we're just thrilled that you're going to be there. I think we're going to have the dump. I think we're going to have the data dump of the appendix in the DC election interference case by tomorrow That's gonna that could be the whole show. Trust me. We're gonna have to divide up 500 pay Like you did that one time divide up all those pages But I'm always honored and blessed to be a part of what you're doing over at this trial. You're over on legal AF MTN On you know, the various hot takes I know you were away this week

but we'll get you back over there I made it I made a I'm saying this out loud because I'm hoping that if I say it out loud and it's you'll do it I'll do it exactly it's like telling people yes I'm starting my diet finally right now now now everybody's gonna hold you to it. All right, well we- That's what I want. That's what I'm saying it out loud. Do them, I'm gonna do a lot of them between now and the election only because we have to.

We have to get this figured out. So I'm gonna put a lot of my other commitments on hold and- So great. We're gonna win this, we're gonna win this battle with Karen Freeman, and everybody here at, and again, thank you to our audience for making the Midas Touch Network as large and powerful. It's not for ego. It's not for algorithm. So your voice is heard.

And this is a network that we built together collaboratively with our bare hands and now building this other pro-democracy channel channel Legal AF MTN as well for the as I said wearing my bird shirt today spreading our wings over at the other channel at the intersection of law and politics. So shout out to the Midas Mighty and the Legal AFers we'll see on Saturday with Ben Mycelis here on Legal AF. We'll see Karen tomorrow with Miss Rice and me. I'll be filling in on the matinee for Don Ypari on Miss Trial, only on the Midas Touch Network. Shout out to the Midas Mighty Legal AF.

We'll see you next week.