Legal AF by MeidasTouch - Trump in PANIC MODE over SURPRISE INDICTMENT by Jack Smith

Episode Date: August 28, 2024

Special Counsel Jack Smith has outfoxed Trump and is lawyers again, secretly obtaining a second new indictment against Trump from a NEW grand jury, just in time for the 9/5 hearing with Judge Chutkan. Michael Popok explains why this was so crafty and explains why Smith asked for 3 more weeks and delay the hearing as he worked behind the scene to re-indict Trump for the same crimes with the basically the same co conspirators, but this time leaning into all of Trump’s private conduct that is not immune. FUM: Head to https://TryFum.com/legalaf or scan the QR code on screen and get a FREE GIFT with the JOURNEY PACK today when you use code LEGALAF Visit https://meidastouch.com for more! Join the Legal AF 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

Your teen requested a ride, but this time not from you. It's through their Uber Teen account. It's an Uber account that allows your teen to request a ride under your supervision with live trip tracking and highly rated drivers. Add your teen to your Uber account today. This is Michael Popak, Legal AF, with some deep dive and analysis on the new superseding indictment against Donald Trump for four counts of election interference and obstruction of an official proceeding in DC.

Yep, that's right. A new, brand new grand jury of about 20 people or so have also found Donald Trump is more likely than not, more probable cause than not, to have committed four federal crimes. This is news. This is not the old grand jury in the District of Columbia two years ago issuing the indictment that was the subject of the Supreme Court ruling on July the 1st. This is a brand new grand jury. No overlap. So this now answers the question. So smart. So, so cunning on the special counsel's behalf.

Special counsel here, not troubled by judges like Judge Cannon finding him to be imaginary and not being an appropriate special prosecutor at all. And what he asked for, we now know why Jack Smith asked for three weeks more from Judge Chutkin in order to fashion and formulate his position about the immunity decision by the Supreme Court on July 1 and how it mapped onto this indictment because he had no intention of using the same indictment. While we were talking about a diversionary play, it's like the Statue of Liberty play. While we were over here

looking at the September 5th extended new hearing in front of Judge Chutkin to put the case back on its wheels, Jack Smith was over here in paneling a new grand jury that got under snuck under the radar, presented all the evidence again to the new grand jury and the new grand jury just issued this new superseding indictment. Superseding, amending if you will, the indictment from a year and a half ago. What is the headlines? You've heard the headlines. Let me tell you straight. They have, of course, mindful, the Department of Justice and Special Counsel, mindful of the instructions of the United States Supreme Court, in a six to three majority decision in favor of Donald Trump, did a couple of things. One, they got rid of Jeff Clark. Remember that guy? He was about five rungs down in the hierarchy of

the Department of Justice when they weaponized the Department of Justice, Jeff Clark, and they tried to use Jeff Clark, Donald Trump did, to send bogus letters around the country to battleground states asking them to delay the certification of the election because the Department of Justice found fraud when they hadn't. Well, he's been removed from the indictment. No shock, no surprise. The Department of Justice had to do that. Supreme Court said point-blank Jeff Clark and the Department of Justice allegations about the weaponization of the Department of Justice have to be removed because they found absolute immunity for

court constitutional conduct by Donald Trump. Okay, he's out. And that's why when they list the original five co-conspirators, one is now missing. It's co-conspirator one, two, three, five, and whatever. One's missing and it's Jeff Clark. Giuliani's still there and prominently displayed within this new grand jury, new indictment. John Eastman, the half-baked constitutional scholar, presidential scholar is still there. Boris Epstein, private lawyer for Donald Trump. John Eastman, private lawyer for Donald Trump. Rudy Giuliani, private lawyer for Donald Trump, all still there. Ken Chesbrough, private lawyer for Donald Trump. Why does it matter? Because the Department of Justice also took pains,

and I'm going to read you from aspects of the new superseding indictment, from yet another 20-person grand jury in which they took special pains to make sure that the Judge Chuckin and ultimately the United States Supreme Court realized this was private conduct by private lawyers working privately for Donald Trump, meaning it's outside official conduct that's given the presumption of immunity and outside core presidential conduct that gets absolute immunity. It should be in the private conduct that's not immune from prosecution. That's their

argument. And they also went and made and took pains to let the ultimately the Supreme Court know that they know how our government works and that the United States president does not have a role in the certification of the election, especially one that he's running in. Right? He's not a constitutional officer, the vice president. As president of the Senate, Tempor has a role, Pence did, in certifying the election results and did, but the president doesn't have any role. And therefore it can't be a core presidential power. It can't be a core presidential power extended, official conduct extended to its outer boundaries and it can't be a presidential conduct that's allowed by the Constitution.

Has to fall again into the bucket of private conduct that's completely prosecutable. I love this supersitting indictment for so many reasons. One that he did it sort of on the down low. He paneled a grand jury, he presented evidence to the grand jury, he had them return an indictment and nobody knew about it until today. That's gangster. Okay? Now when they go in on September the 5th, before Judge Chutkin, they're traveling on a new indictment. Now, that also means likely that the case is going to be delayed because now, even though most of this, except for some tweaks here and there and some new paragraphs and some shaving of some other paragraphs, it's primarily the same notice to the same defendant for

the crimes that he's alleged to have committed and the same four counts, there is an argument that this indictment is substantially new, or at least new enough, that Donald Trump has the right to both move to dismiss it and we'd have motion practice up to the Supreme Court on that again. Have you heard that the flavored-air category is quickly becoming the leading alternative to vaping and smoking? It's a whole new movement towards better habits, led by the sponsor of today's video, Fume. Fume is an award-winning flavored air device, and flavored air isn't like vaping. If vapor was compared to sticky soda, Fume cores are closer to herbal teas.

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or scan the QR code on the screen to get a free gift with your order today. So I had said, just to be clear and to be frank, I had said in earlier hot takes and on legal AF on the Midas Touch Network that I thought he was gonna just stand on the indictment and he wasn't going to supersede it. I did say that, because I didn't think he'd want to

have the delay that comes from a superseding indictment. Now I know he's gonna argue in court that this is essentially the same indictment, same counts, same guys, same co-conspirators. They dropped a few and therefore there shouldn't be any additional delay. But we'll have to see what Judge Chutkin does. I could see her giving Donald Trump additional time to file the motion to dismiss against this indictment. He's got to be shooting at the right indictment. And then there's appellate practice at the DC Court of Appeals and at the Supreme Court. After that, that could happen. We'll know more on September the 5th. But let me read to you from the indictment itself. It's particularly all the times where they stuck in the words private,

private lawyer, private lawyer, private lawyer, president doesn't have any role. Why? And a lot of emphasis on the false, fake, elector certificates because that's their ticket to the prosecution. That is what was really left for them in the Supreme Court decision because even the Supreme Court 6-3 said if there's fake evidence, false evidence, falsely manufactured and created, which gets in the way of an official proceeding, that could satisfy the counts under 18 USC 1512 for obstruction of an official proceeding if there's false evidence used. So there's a lot of false evidence layering in those allegations into this superseding indictment, a lot of private conduct being layered in, and the removal of Jeff Clark. If you asked me

in an elevator speech, Popak, tell me what happened in the superseding indictment, that's sort of what I would tell you. Now let me read to you. They still have the same basic framework. They go through the battleground states and all the terrible things that Trump and Giuliani and Powell and Eastman and Boris Epstein and others did in Arizona, in Michigan, in Wisconsin. That's all there. That's all there. That's all there. But you also have a lot of references to Donald Trump doing personal, private things. On paragraph 14, when they talk about Trump using his Twitter account, they say now, throughout

the conspiracies, although the defendant sometimes used his Twitter account to communicate with the public as president about official actions and policies. He also regularly used it for personal purposes, including to spread knowingly false claims of election fraud, exhort his supporters to travel to Washington on Jan 6, pressure the vice president to misuse his ceremonial role in the certification process, and leverage the events at the Capitol to unlawfully retain power. That's all Donald Trump qua private conduct, which means that should be prosecutable even under the Supreme Court's July 1st immunity decision. Same thing in paragraph 15. They talk about the political rally on the ellipse as being that morning in paragraph 15, the defendant gave a campaign speech at a privately funded,

privately organized political rally held on the ellipse. That's how they're calling it there. And there's a reason for that, for sure. Now let's go over the other places. They go through all the same pressure campaign by Rudy Giuliani on the Arizona Speaker of the House and all the attempts to hold fake legislative hearings, but they really drill down on and lean into the fake elector certificates because I think that's what they have to do after the Supreme Court decision. Let's just go particularly to paragraph 67.

This is where the rubber meets the road about the DOJ telling the Supreme Court ultimately that Donald Trump as president had no role in the Jan 6 certification and therefore shouldn't be given any official conduct immunity as a result. Here's what they said on paragraph 67. As the January 6th congressional certification proceeding approached and as other efforts to impair, obstruct, and defeat the federal government function failed, the defendant Trump sought to enlist the vice president Pence to assist in the plan to use his role as president of the Senate to fraudulently alter the election

results. There's the fraud, fraud in the use of the certificates and the like. The defendant Trump had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election. And all the conversations between Trump and Pence was about Trump maintaining power. These are all private conduct, meaning not immune. That's what they're telling That is what they're telling all the courts at the appellate level here. But by and large, I would say about 85 to 90% of the schematic and framework or blueprint of this indictment superseding, even though brought by a new jury, just goes to show you, by the way, the overwhelming power and overwhelming persuasiveness

of the evidence against Donald Trump that a separate second jury, grand jury, indicted him on the same exact counts for the exact same thing involving most of the exact same co-conspirators. So now if I'm Jack Smith on the fifth, and he'll do it in some papers that he's gonna file this week, I would say as as everybody knows we filed a new indictment with a new grand

jury and it is primarily and essentially the same at its essence at its core and there shouldn't be any delays and we should be able to go to trial. It now just comports and complies with the Supreme Court decision. Nothing to see here. Let's get this case going to trial. The counter argument to that we're going to see from the Trump side which is, oh this is a whole new indictment. We got to start all over again, wind the clock back. We have to go back two years. And now we got Judge Chutkin, who's going to have to make the decision and ultimately the DC Court of Appeals and the Supreme Court. But we're going to be tied up in courts about this new indictment moving forward. Somebody's going to,

losing in, is going to take an appeal,. Somebody's going to, the losing end, is going to take an appeal, an emergency application first to the DC Court of Appeals and then to the United States Supreme Court. And we're going to see it break out in fireworks, coming up on this Labor Day. There's going to be a lot of filings over this weekend and into early next week. And we'll file it all and follow it all right here on Legal AF at the intersection of law and politics. So until my next hot take discuss every day on Legal AF. Exclusive content you won't find anywhere else. All for the price of a couple of cups of coffee.

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