August 27, 2024 • 28 mins
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Speaker 1 (00:01):
Special Counsel Jack Smith has just filed an opening briefing
in appeal to reinstate the criminal case against Donald Trump
in this classified documents case that would be the rate
of mar Lago after Judge Cannon already dismissed the case.
Speaker 2 (00:23):
Translation.
Speaker 1 (00:24):
They are desperate to take down Donald Trump, and this
is the reason why they've decided to go ahead and
appeal this case. Jack Smith obviously doing the bidding for
Kamala Harris's presidential campaign. Now, this is shocking and I'm
going to break this down for you. Also, while that's happening,
(00:45):
we're now hearing that there is some new Shenanagans that
are taking place with Kamala Harris and the debate that
she is going to have with Donald Trump. They are
now going to change how that debate is going to
take place. And I'll give you those details in just
a moment, But first let me tell you about my
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account today. All right, So let's start with this obviously
big breaking news, and that is that you now have
(02:53):
the special counsel Jack Smith has officially appealed the dismissal
of the Trump Marlago case. Federal judge last month dismissed
the case over Trump's handling of classified documents. Many believe
this was the end of it. It would be all over,
let's move on. This was a huge defeat for the
DOJ and for the Biden administration and for Harris.
Speaker 2 (03:13):
And now they're bring it back.
Speaker 1 (03:15):
Why because this is lawfair, this is election fair. This
is a federal judge who slapped him around last month
dismissing the case over the handling.
Speaker 2 (03:24):
Of the classified documents.
Speaker 1 (03:25):
And basically what you have now is you have Jack
Smith who's like, I don't care I want to lock
up Donald Trump. I want to interfere with this election.
I want to hurt him, I want to attack him.
And that's what this is all about. Now, let me
remind you what they said when they originally dismissed this
case and why it was dismissed. This was on Fox
(03:48):
As It Happened with Harris Faulkner.
Speaker 3 (03:49):
Listen breaking news today on former President Trump's legal battles.
A victory his classified documents case in Florida has been dismissed.
Judge Island Cannon has thrown on the case out after
deciding that Special Counsel Jacksmith's appointment violated the US Constitution.
Great reporting on this today from David Spunt, who is
(04:10):
WT for US at the Justice Department, with the latest
and the president President Trump's reaction.
Speaker 4 (04:15):
David Well, Harris, President Trump is thrilled. We're waiting for
some sort of reactions from the Justice Department. Haven't gotten
it yet. We're told we will hear something, likely from
Special Counsel jack Smith's office. Perhaps his next steps he
could appeal to the Eleventh Circuit Court of Appeals, also
potentially go to.
Speaker 2 (04:32):
The Supreme Court.
Speaker 4 (04:33):
But remember it was almost two years ago August of
twenty twenty two. That's when the FBI rated Mara a Lago.
This case has been hanging over former President Donald Trump
before he even announced reelection. Judge Eileen Cannon, who happens
to be a Trump appointed judge, announced that this case
is dismissed because Jack Smith was unlawfully appointed. He was
a special Prosecutor Harris at the Hague in the Netherlands
(04:56):
prosecuting war crimes in Kosovo when Attorney General Meyrick Garland
called him up and asked him to be special counsel.
Garland did so because Trump announced that he was going
to be a candidate for president of the United States,
and it would keep the DOJ insulated from looking like
it was weighing its power on the scale. Judge Cannon
has problems with Smith's appointment because he was not Senate confirmed.
(05:18):
Now she took a recent hit from a recent hint
from Supreme Court Justice Clarence Thomas, who questioned Smith's appointment
on paper. Cannon wrote in her ninety three page ruling today,
in the end, there does appear to be a tradition
of appointing special attorney like figures and moments of political
scandal throughout the country's history, but very few, if any,
of these figures actually resembled a position of Special Council Smith.
(05:42):
Mister Smith is a private citizen exercising the full power
of a United States attorney and with very little oversighter supervision.
From twenty to twenty sixteen, we had one Special Council
Patrick Fitzgerald. From twenty seventeen Harris. Until today, we've had five.
Robert Muller was a former FBI director who in investigated
Trump in the Russia connections. He was not Senate approved,
(06:03):
but Judge Cannon is not going back in time.
Speaker 2 (06:05):
Nothing she can do about that.
Speaker 4 (06:07):
John Durham, who investigated the origins of the Russia probe,
David Weiss, who investigated Hunter Biden, is currently investigating Hunter Biden,
and Jack Smith, who is investigating Donald Trump. John Durham,
Robert Hurr, and David Weiss were all US attorneys. They
were Senate confirmed. Right now, we're waiting for some sort
of news from Jacksmith's office, but no question a seismic
(06:29):
day for the Trump campaign. He told our Brettbear earlier
that he wants his other prosecutions to end as well.
Speaker 1 (06:35):
Now you listen to that seismic right was the way
that was described. So what has Special Counsel Jack Smith
done today?
Speaker 2 (06:42):
Mascre it. I don't care, like this is lawfair.
Speaker 1 (06:46):
So what I'm doing is, I'm going to appeal the
federal Judge Cannon's ruling and I'm going to say, basically,
screw the Constitution, which I'm accused of violating, Like just
I don't care. I'm going to do this. This is
what I'm going to do. This is how it's going
to work. And I'm going to say I don't care
about the dismissal of the classified records Marlago case against
(07:09):
Donald Trump because he said quote that his appointment is valid.
That's now what he's claiming saying, you know, I mean
I was appointed the right way.
Speaker 2 (07:19):
I'm not really worried about the Constitution. Now.
Speaker 1 (07:21):
Cannon, the US District Judge for the Southern District of Florida,
last month, made it clear dismissing the case, saying, look,
the appointment's cause of the United States Constitution was clearly violated,
and that's why Cannon said Smith's appointment of special counsel
was quote unconstitutional. The Attorney General validly appointed the Special
(07:42):
Council who's properly funded. The filing states from Smith inruly otherwise,
the District Court deviated from binding Supreme Court President, misconstrued
the statues that authorized the Special Council's appointment, and took
inadequate account of the longest and history of Attorney general
appointments of special counsels.
Speaker 2 (08:05):
Smith also argued that he was.
Speaker 1 (08:08):
Properly funded through the Congressional enacted Permanent Identified Appropriation to
pay all necessary expenses of investigations and prosecutions by independent
counsel appointed Pursuant to quote US Code, the appointment clause
says ambassadors and other public ministers and counselors, judges and
(08:29):
of the Supreme Court, and all other officers of the
United States be appointed by the President, subject to the
advice and consend the Senate, although Congress may vest the
appointment of inferior officers and the President alone in the
court of Law and the head of department. Smith again
problem again, never confirmed by the Senate.
Speaker 2 (08:51):
So how would any of that apply to him? Again,
this is law fare.
Speaker 1 (08:55):
They want to lock up Donald Trump, at least in court,
if not in actual life.
Speaker 2 (09:01):
Now, let me go.
Speaker 1 (09:02):
Back to what the judge said about a month ago.
Speaker 2 (09:06):
This actually happened.
Speaker 1 (09:07):
I think it was that during the RNC Convention when
this ruling came down.
Speaker 2 (09:13):
That was very clear.
Speaker 1 (09:14):
In Cannon's decision last month had said, quote, upon careful
study of the fundamental challenges raised in the motion, the
Court is convinced that Special Counsel Smith's prosecution of this
action breaches two, not one, but two structural cornerstones of
our constitutional scheme. The role of Congress and the appointment
(09:39):
of constitutional officers. Jack Smith was ever appointed by Congress,
and the role of Congress and authorizing expenditures by law.
That is what Canon clearly stated in the decision last month.
Speaker 2 (09:52):
Quote.
Speaker 1 (09:53):
The Framers gave Congress a pivotal role in the appointment
of principle and in inferior officers. That role cannot be
usurved by the executive branch or diffused elsewhere, whether in
this case or in another case, whether in times of
(10:14):
heightened national need or not.
Speaker 2 (10:18):
Quote.
Speaker 1 (10:18):
In the case of inferior officers, that means that Congress
is empowered to decide if it wishes to vest appointment
power in a head of department. And indeed, Congress has
proven itself quite capable of doing so in many other
statutory contexts, but it plainly did not do so here,
(10:39):
despite the special council strain that statutory readings Canon add
it so to be clear what he is. What Jack
Smith is saying is I don't care. Okay, I just
don't care. I don't care, and I'm going to keep
going after Donald Trump because we need to tell him
(11:00):
up in court. They I don't even think they care
about actually locking up Trump anymore. They just need to
put him in a courtroom. That's all this is about,
is putting him in a courtroom.
Speaker 2 (11:10):
Quote.
Speaker 1 (11:10):
In the end, it seems executive growing comfort and appointing
regulatory special councils in the more recent era has followed
an ad hoc pattern with little judicial scrutiny. That's what
the judge said in conclusion when they said, I'm.
Speaker 2 (11:25):
Throwing this out.
Speaker 1 (11:26):
No, this is not This case against Donald Trump is bogus.
Speaker 2 (11:29):
It's not going to work on me.
Speaker 1 (11:31):
Jack Smith saying, guess what, I can go above you now,
I'm going to appeal.
Speaker 2 (11:35):
I don't care that you slap my hand. I don't
care that.
Speaker 1 (11:38):
By the way, you're right, I don't care that Congress
actually never appointed me. Because if I can just tie
Trump up and say that the case is back on,
it might hurt him with one percent of the vote
or two percent of the vote, And in a swing state,
that's the difference between winning and losing. This is law fair,
(12:00):
This is election interference clearly here. Now Trump has faced
charges stemming from Smith's investigation. What was it all about
simply put his possession of classified materials at his Marlogo residence.
He pleaded not guilty to all thirty seven felony counts
in Smith's probe, including wilfer retention of national defense information,
(12:22):
conspiracy to obstruct justice.
Speaker 2 (12:23):
And false statements.
Speaker 1 (12:24):
Trump pled not guilty to all of those charges, and
again the judge says, you got a problem. He was
never appointed by Congress. He doesn't have the power or
the money to do what he's doing. So we're moving on.
And Smith has come out and said, uh, uh, guess
what we're going to do, exactly what the hell we
want to do. And everybody's going to be in favor
(12:46):
of this. On the left, the media is going to
love this. Let me also just remind you of two
other things very quickly. When this ruling came down, and
in the Supreme Court issue this ruling also on Trump immunity.
Trey Goudi said this about the Supreme Court at the
time on Fox.
Speaker 2 (13:06):
This was back in July.
Speaker 5 (13:08):
Listen, well, I don't think we know you. It's certainly
not a victory for him. I don't even think it's
a tie for him. I don't see how you can
sort out. Look, our constitution is majestically vague about what
presidential powers. We know the president has pardon power, but honestly,
commander in chief, what other powers are there? So you
(13:31):
have express, you have implied, and then you have this
word penumber. What's in the shadows of those express powers
that can only be fleshed out in litigation. The Supreme
Court doesn't handle litigation. So if he wants to proceed
on what is unequivocally a private act, he's welcome, I guess,
(13:52):
to proceed with that prosecution. But that's still going to
take time to assert that it is unequivocally private. This
is not a win for Jack Smith. How close to
a tie it is depends upon what the remainder. You'll
remember Brett. When John Roberts was confirmed, he said he
was a minimalist. That was the word he used. He
talked about judicial humility and that he was a minimalist.
(14:15):
It is not surprising to me that he wrote the
majority opinion. He wants to write it in a minimal way,
so there is no right line rule. It's going to
be facts specific.
Speaker 1 (14:28):
I listen to Trey there and I play that for you,
just to remind you that the media was then having
to tell you a different story. Now they're like, oh,
Donald Trump's in trouble again, right, The Democrats weren't a
full attack mode against the Supreme Court at that time,
trying to deal legitimate Supreme Court saying we should pack
the Supreme Court. John Stossel on Trump immunity and Jack
(14:49):
Smith said.
Speaker 2 (14:50):
This, Kim, what does this mean?
Speaker 3 (14:52):
That really mean for Jack Smith's prosecution. I know it's
going to be delayed now past the election, but is
a good chunk of a dead.
Speaker 6 (15:04):
Yes, it probably is if the lower courts do their job.
And look, this was one of the criticisms that the
High Court had as all of this had been rushed,
that these questions of immunity and whether or not there
isn't a presumed or an absolute immunity for certain presidential
acts were something that should have been decided at the
outset of this case. And by the way, I'd like
(15:27):
to point out a special criticism here. If people don't
like this decision, it was Jack Smith. He should have
thought through these issues before he even brought this case,
potentially brought more limited charges that had some consideration for
the possibility of presidential immunity, but this was all rushed.
So now what this I think, you know, ruling, very
(15:47):
careful ruling, does is order the lower court to go
through those one by one. And it would seem that
a lot of the acts that were included in these
charges probably will fall under some level of presidential immunity,
although there may be some that don't. And that's going
to be the tough question that the lower courts now
deal with.
Speaker 1 (16:05):
So what this means is and again I play this
so you have context is very clear.
Speaker 2 (16:11):
Jack Smith says, I don't care.
Speaker 1 (16:15):
I don't care about the Constitution, I don't care about
president community. I care about tying Donald Trump up in court.
Speaker 2 (16:24):
That is all that I care about.
Speaker 1 (16:27):
Now this also comes to another thing about tying up
Donald Trump in court. Judge Merchant is being encouraged now
by everyone in the media to not delay Trump's New
York sentencing, and they say there's no basis for another
delay in the law. And this has come out in
the last few days that former President Donald Trump's efforts
(16:50):
to dodge quote accountability this is how NBC News put
it for his.
Speaker 2 (16:54):
Crimes is still going strong.
Speaker 1 (16:56):
But they're saying that his unhinged campaign and the president
should be held accountable. Trump was convicted back in May
on quote thirty four pilony accounts of false flying business records,
all to cover up interfering in the twenty sixteen presidential
election by paying hush money to an adult film actress
to hide their affair quote unquote. Having already postponed this
(17:17):
is sentencing from July eleventh to September eighteenth, Trump's attorney's
recently asked the judge to further postpone it.
Speaker 2 (17:25):
Until after election day.
Speaker 1 (17:26):
In response to Manhatrick, District Attorney Alvin Bragg's office deferred
to the judge's discretion, but noted there are strong reasons
that Trump's position should be rejected.
Speaker 2 (17:37):
So what are they trying to do?
Speaker 1 (17:38):
Can we just tie him up in court or even
in jail during this presidential election cycle, so that he
can't go out there and he can't campaign. That is
exactly what Jack Smith is. This is law fair. This
is all about trying to make it where Trump can't
just campaign against Kamala Harris. And this is what they
(17:58):
do in Russia, this is what they do in China,
this is what they do in Venezuela, this is what
they do in Cuba. And now it's happening right before
a very eyes in this country. We better wake up
and realize just how dangerous this is.
Speaker 2 (18:13):
I want to.
Speaker 1 (18:13):
Pivot real quick to another really important story and it
is one that was sent to me as in essence
of whistleblow by those that are serving this country about
our lack of readiness under the Harris Biden administration. We
are now being told that the US Navy is going
(18:37):
to sideline seventeen different ships because they lack the manpower
to operate those seventeen ships. There are not enough merchant
marines for the US Navy to fully man seventeen vessels,
(18:57):
reportedly causing officials to plan to take them out of
regular operation. The Merchant Marines organization made up of civilian mariners.
Managed by a combination of federal government and the private sector,
has lost too much manpower to quote properly crew and
operate ships across the fleet quote. The problem, of course,
(19:20):
is these ships are at sea away from home port
twelve months of the year. That is what the Rear
Admiral retired Mark Montgomery, a senior director of the Center
on Cyber and Technology Innovation for the Foundation for Defense
of Democracy said in a statement. While they are not
(19:43):
officially members of the US military, merchant marines are operators
of commercial ships who also serve as an auxiliary power
during wartime or in a national emergency. This according to
the Department of Transportation Administration in their own words, according
to Montgomery, we're desperately short of the number of people.
(20:05):
There's a lack of experienced merchant mariners to crew the ships,
and this is really a clear danger to national security. Now,
the Navy's Military Sealift Command has planned to put seventeen
ships into extended quote unquote maintenance. The US Naval Institute
reported sources are now whistleblowing, saying that these are two
(20:28):
of the Lewis and Clark replenishment ships, one fleet oiler,
a dozen Spearhead class fast transports also known as EPFs,
and two forward deployed Navy sea bases for forced generation
reset and to have their crews redistributed to other ships.
(20:52):
Montgomery stressed that the issue mostly affects the merchant marines.
This is a problem the sailors tend to mannor warships.
The merchant mariners men something that equally is important, which
is the logistics backbone of the Navy. We're talking about
the oilers, we're talking about the AMMO ships, the transportation
(21:15):
ships that move the army and marine.
Speaker 2 (21:18):
Corps across the water.
Speaker 1 (21:21):
Just like ninety percent of trade is done by ships
and not aircrafts, the same.
Speaker 2 (21:26):
Thing applies at sea.
Speaker 1 (21:28):
It's too difficult, too expensive, it's not sufficient to move
all that stuff by aircraft, so it is moved by
these ships.
Speaker 2 (21:37):
That's when we have them.
Speaker 1 (21:38):
He also made it clear that a lot of what
we use, for example in Afghanistan Iraq, was actually moved
around the world by these exact ships. And so now
we're just gonna guess mothball seventeen of them because we
don't have the man power to operate them. Which, if
you knew that you were back, you were, you know,
(21:59):
having problems man power, you'd probably figured out when you're
one ship down. This is seventeen ships down that they're
going to mothball into quote, We're going to bring him
in for you know, like a whole lot of maintenance. No,
you don't have the man power. That's what you don't have.
(22:20):
You don't have the man power. This is putting our
national security at risk. And that's why the whistleblowers have
come forward. This, by the way, should be a part
of the presidential debates and the vice president of debates,
and I hope that Trump and Vance will use this
to their advantage to expose just how anti military these
(22:41):
individuals are, which brings me to the final thing I
want to put.
Speaker 2 (22:44):
On your radar screen.
Speaker 1 (22:45):
The Trump campaign is now furious as they should be,
and are now officially opposing Harris's new attempt to abruptly
change the September the tenth debate rules. The Trump campaign
on Monday came out strongly opposing the Harris campaign sudden
attempt to change the September tenth debate rules on ABC
(23:09):
News from muted to unmuted microphones. Now, what's funny is
in the first debate, they were obsessed with the idea
of muting Donald Trump. It actually, I think backfired on
Joe Biden because it gave him more rope to hang
himself with just the you know, his stumbling and not
(23:31):
being able to answer questions and the clear cognitive decline
because Trump couldn't interrupt him. And so when Joe Biden
started talking and he had hey, ninety seconds or two
minutes answer question and he couldn't do it, and Trump
couldn't interrupt, it made it just abundantly clear and cost
(23:51):
him his presidency, right because we could all see how
massive the cognitive decline was of Joe Biden. So in
I'm saying that now the hairs pains, like, hold on
a second. We don't want the mute button. We want
Donald Trump to be able to interrupt, because if he's
able to interrupt, that'll help us. We realize it actually doesn't.
(24:13):
It actually hurts us when he's muted. It helps us
when he's able to interrupt, because it makes him look bad.
Harris wants an unmuted mic to save her from I
think the other problem her word Salad's right.
Speaker 2 (24:27):
She doesn't have a teleprompter.
Speaker 1 (24:29):
So if you're the people around here show like the
last thing you want is for her to look like
a babbling idiot on stage and Trump not being able
to interrupt her to in essence, save her. So you
look at the word salads that have taken place from
Kamwa Harris. There are a lot of them. It's really bad.
And if you don't believe me, I'm going to play
(24:50):
a few of them. This is why they want Trump
to be able to talk, because they don't want this
to happen.
Speaker 2 (24:55):
Listen carefully.
Speaker 7 (24:57):
I can imagine what can be and be unburdened by
what has been. You know, what can be unburdened by
what has been?
Speaker 8 (25:05):
What can be unburdened by what has been? What can
be unburdened by what has been? What can be unburdened
by what has been?
Speaker 7 (25:18):
What we can see, what we believe can be unburdened
by what has been? What can be unburdened by what
has been? What can be unburdened by what has been?
What can be unburdened by what has been?
Speaker 2 (25:33):
Who we can be unburdened by who we have been?
Speaker 7 (25:37):
What can be unburdened by what has been? Where we
can be unburdened by where we have been and unburdened
by where we are right now? What can be unburdened
by what has been? What can be unburdened by what
has been? What can be unburdened by what has been?
What could be unburdened by what had been? What can
(25:58):
be unburdened by by what has been? What can be
unburdened by what has been? What can be unburdened by
what has been? What can be unburdened by what has been?
What can be unburdened by what has been?
Speaker 2 (26:14):
Unburdened by what has been?
Speaker 7 (26:16):
Believing in what can be? What can be unburdened by
what has been? What can be unburdened by what has been?
What can be unburdened by what has been? What can
be unburdened by what has been? What can be unburdened
by what has been? What can be unburdened by what
(26:36):
has been? What can be unburdened by what has been?
What could be unburdened by what had been? What can
be unburdened by what has been? What can be unburdened
by what has been? What can be unburdened by what
has been, What can be unburdened by what has been?
Speaker 2 (26:57):
What can be?
Speaker 7 (26:59):
What should be unburdened by what has been? What can
be unburdened by what has been? What can be unburdened
by what has been? See what can be unburdened by
what has been?
Speaker 8 (27:13):
What can be unburdened by what has been?
Speaker 2 (27:18):
What can be unburdened by what has been.
Speaker 7 (27:21):
Unburdened by what has been, and knowing what can be,
have a sense of vision about what can be unburdened
by what has been.
Speaker 1 (27:31):
Every one of those clips was heard at a different place,
every one of them, every single one of them. So
you want to know why they want to unmute Trump.
This is exactly why they want to unmute Trump because
when you let her up there, sit up there and
try to and have no teleprompter. Now you know why
she's done no interviews. Now you know why she they're
(27:51):
hiding her from the media. Now you understand why there's
still even after the Democratic National Convention, no plat form
not there is no platform, folks, no platform on her website.
If I was Donald Trump, I would say hell no,
I would fight this through and through. Don't forget share
(28:14):
this podcast with your family and friends. I'll keep you
updated on all this lating breaking news, especially with Jack
Smith and his attack on the President of the United
States Donald Trump, former President Trump. I'll have that for
you and I'll see you back here tomorrow
Special Counsel Jack Smith has just filed an opening briefing
in appeal to reinstate the criminal case against Donald Trump
in this classified documents case that would be the rate
of mar Lago after Judge Cannon already dismissed the case.
Speaker 2 (00:23):
Translation.
Speaker 1 (00:24):
They are desperate to take down Donald Trump, and this
is the reason why they've decided to go ahead and
appeal this case. Jack Smith obviously doing the bidding for
Kamala Harris's presidential campaign. Now, this is shocking and I'm
going to break this down for you. Also, while that's happening,
(00:45):
we're now hearing that there is some new Shenanagans that
are taking place with Kamala Harris and the debate that
she is going to have with Donald Trump. They are
now going to change how that debate is going to
take place. And I'll give you those details in just
a moment, But first let me tell you about my
friends over at Ammo Squared. Ammo Squared ensures you have
(01:06):
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account today. All right, So let's start with this obviously
big breaking news, and that is that you now have
(02:53):
the special counsel Jack Smith has officially appealed the dismissal
of the Trump Marlago case. Federal judge last month dismissed
the case over Trump's handling of classified documents. Many believe
this was the end of it. It would be all over,
let's move on. This was a huge defeat for the
DOJ and for the Biden administration and for Harris.
Speaker 2 (03:13):
And now they're bring it back.
Speaker 1 (03:15):
Why because this is lawfair, this is election fair. This
is a federal judge who slapped him around last month
dismissing the case over the handling.
Speaker 2 (03:24):
Of the classified documents.
Speaker 1 (03:25):
And basically what you have now is you have Jack
Smith who's like, I don't care I want to lock
up Donald Trump. I want to interfere with this election.
I want to hurt him, I want to attack him.
And that's what this is all about. Now, let me
remind you what they said when they originally dismissed this
case and why it was dismissed. This was on Fox
(03:48):
As It Happened with Harris Faulkner.
Speaker 3 (03:49):
Listen breaking news today on former President Trump's legal battles.
A victory his classified documents case in Florida has been dismissed.
Judge Island Cannon has thrown on the case out after
deciding that Special Counsel Jacksmith's appointment violated the US Constitution.
Great reporting on this today from David Spunt, who is
(04:10):
WT for US at the Justice Department, with the latest
and the president President Trump's reaction.
Speaker 4 (04:15):
David Well, Harris, President Trump is thrilled. We're waiting for
some sort of reactions from the Justice Department. Haven't gotten
it yet. We're told we will hear something, likely from
Special Counsel jack Smith's office. Perhaps his next steps he
could appeal to the Eleventh Circuit Court of Appeals, also
potentially go to.
Speaker 2 (04:32):
The Supreme Court.
Speaker 4 (04:33):
But remember it was almost two years ago August of
twenty twenty two. That's when the FBI rated Mara a Lago.
This case has been hanging over former President Donald Trump
before he even announced reelection. Judge Eileen Cannon, who happens
to be a Trump appointed judge, announced that this case
is dismissed because Jack Smith was unlawfully appointed. He was
a special Prosecutor Harris at the Hague in the Netherlands
(04:56):
prosecuting war crimes in Kosovo when Attorney General Meyrick Garland
called him up and asked him to be special counsel.
Garland did so because Trump announced that he was going
to be a candidate for president of the United States,
and it would keep the DOJ insulated from looking like
it was weighing its power on the scale. Judge Cannon
has problems with Smith's appointment because he was not Senate confirmed.
(05:18):
Now she took a recent hit from a recent hint
from Supreme Court Justice Clarence Thomas, who questioned Smith's appointment
on paper. Cannon wrote in her ninety three page ruling today,
in the end, there does appear to be a tradition
of appointing special attorney like figures and moments of political
scandal throughout the country's history, but very few, if any,
of these figures actually resembled a position of Special Council Smith.
(05:42):
Mister Smith is a private citizen exercising the full power
of a United States attorney and with very little oversighter supervision.
From twenty to twenty sixteen, we had one Special Council
Patrick Fitzgerald. From twenty seventeen Harris. Until today, we've had five.
Robert Muller was a former FBI director who in investigated
Trump in the Russia connections. He was not Senate approved,
(06:03):
but Judge Cannon is not going back in time.
Speaker 2 (06:05):
Nothing she can do about that.
Speaker 4 (06:07):
John Durham, who investigated the origins of the Russia probe,
David Weiss, who investigated Hunter Biden, is currently investigating Hunter Biden,
and Jack Smith, who is investigating Donald Trump. John Durham,
Robert Hurr, and David Weiss were all US attorneys. They
were Senate confirmed. Right now, we're waiting for some sort
of news from Jacksmith's office, but no question a seismic
(06:29):
day for the Trump campaign. He told our Brettbear earlier
that he wants his other prosecutions to end as well.
Speaker 1 (06:35):
Now you listen to that seismic right was the way
that was described. So what has Special Counsel Jack Smith
done today?
Speaker 2 (06:42):
Mascre it. I don't care, like this is lawfair.
Speaker 1 (06:46):
So what I'm doing is, I'm going to appeal the
federal Judge Cannon's ruling and I'm going to say, basically,
screw the Constitution, which I'm accused of violating, Like just
I don't care. I'm going to do this. This is
what I'm going to do. This is how it's going
to work. And I'm going to say I don't care
about the dismissal of the classified records Marlago case against
(07:09):
Donald Trump because he said quote that his appointment is valid.
That's now what he's claiming saying, you know, I mean
I was appointed the right way.
Speaker 2 (07:19):
I'm not really worried about the Constitution. Now.
Speaker 1 (07:21):
Cannon, the US District Judge for the Southern District of Florida,
last month, made it clear dismissing the case, saying, look,
the appointment's cause of the United States Constitution was clearly violated,
and that's why Cannon said Smith's appointment of special counsel
was quote unconstitutional. The Attorney General validly appointed the Special
(07:42):
Council who's properly funded. The filing states from Smith inruly otherwise,
the District Court deviated from binding Supreme Court President, misconstrued
the statues that authorized the Special Council's appointment, and took
inadequate account of the longest and history of Attorney general
appointments of special counsels.
Speaker 2 (08:05):
Smith also argued that he was.
Speaker 1 (08:08):
Properly funded through the Congressional enacted Permanent Identified Appropriation to
pay all necessary expenses of investigations and prosecutions by independent
counsel appointed Pursuant to quote US Code, the appointment clause
says ambassadors and other public ministers and counselors, judges and
(08:29):
of the Supreme Court, and all other officers of the
United States be appointed by the President, subject to the
advice and consend the Senate, although Congress may vest the
appointment of inferior officers and the President alone in the
court of Law and the head of department. Smith again
problem again, never confirmed by the Senate.
Speaker 2 (08:51):
So how would any of that apply to him? Again,
this is law fare.
Speaker 1 (08:55):
They want to lock up Donald Trump, at least in court,
if not in actual life.
Speaker 2 (09:01):
Now, let me go.
Speaker 1 (09:02):
Back to what the judge said about a month ago.
Speaker 2 (09:06):
This actually happened.
Speaker 1 (09:07):
I think it was that during the RNC Convention when
this ruling came down.
Speaker 2 (09:13):
That was very clear.
Speaker 1 (09:14):
In Cannon's decision last month had said, quote, upon careful
study of the fundamental challenges raised in the motion, the
Court is convinced that Special Counsel Smith's prosecution of this
action breaches two, not one, but two structural cornerstones of
our constitutional scheme. The role of Congress and the appointment
(09:39):
of constitutional officers. Jack Smith was ever appointed by Congress,
and the role of Congress and authorizing expenditures by law.
That is what Canon clearly stated in the decision last month.
Speaker 2 (09:52):
Quote.
Speaker 1 (09:53):
The Framers gave Congress a pivotal role in the appointment
of principle and in inferior officers. That role cannot be
usurved by the executive branch or diffused elsewhere, whether in
this case or in another case, whether in times of
(10:14):
heightened national need or not.
Speaker 2 (10:18):
Quote.
Speaker 1 (10:18):
In the case of inferior officers, that means that Congress
is empowered to decide if it wishes to vest appointment
power in a head of department. And indeed, Congress has
proven itself quite capable of doing so in many other
statutory contexts, but it plainly did not do so here,
(10:39):
despite the special council strain that statutory readings Canon add
it so to be clear what he is. What Jack
Smith is saying is I don't care. Okay, I just
don't care. I don't care, and I'm going to keep
going after Donald Trump because we need to tell him
(11:00):
up in court. They I don't even think they care
about actually locking up Trump anymore. They just need to
put him in a courtroom. That's all this is about,
is putting him in a courtroom.
Speaker 2 (11:10):
Quote.
Speaker 1 (11:10):
In the end, it seems executive growing comfort and appointing
regulatory special councils in the more recent era has followed
an ad hoc pattern with little judicial scrutiny. That's what
the judge said in conclusion when they said, I'm.
Speaker 2 (11:25):
Throwing this out.
Speaker 1 (11:26):
No, this is not This case against Donald Trump is bogus.
Speaker 2 (11:29):
It's not going to work on me.
Speaker 1 (11:31):
Jack Smith saying, guess what, I can go above you now,
I'm going to appeal.
Speaker 2 (11:35):
I don't care that you slap my hand. I don't
care that.
Speaker 1 (11:38):
By the way, you're right, I don't care that Congress
actually never appointed me. Because if I can just tie
Trump up and say that the case is back on,
it might hurt him with one percent of the vote
or two percent of the vote, And in a swing state,
that's the difference between winning and losing. This is law fair,
(12:00):
This is election interference clearly here. Now Trump has faced
charges stemming from Smith's investigation. What was it all about
simply put his possession of classified materials at his Marlogo residence.
He pleaded not guilty to all thirty seven felony counts
in Smith's probe, including wilfer retention of national defense information,
(12:22):
conspiracy to obstruct justice.
Speaker 2 (12:23):
And false statements.
Speaker 1 (12:24):
Trump pled not guilty to all of those charges, and
again the judge says, you got a problem. He was
never appointed by Congress. He doesn't have the power or
the money to do what he's doing. So we're moving on.
And Smith has come out and said, uh, uh, guess
what we're going to do, exactly what the hell we
want to do. And everybody's going to be in favor
(12:46):
of this. On the left, the media is going to
love this. Let me also just remind you of two
other things very quickly. When this ruling came down, and
in the Supreme Court issue this ruling also on Trump immunity.
Trey Goudi said this about the Supreme Court at the
time on Fox.
Speaker 2 (13:06):
This was back in July.
Speaker 5 (13:08):
Listen, well, I don't think we know you. It's certainly
not a victory for him. I don't even think it's
a tie for him. I don't see how you can
sort out. Look, our constitution is majestically vague about what
presidential powers. We know the president has pardon power, but honestly,
commander in chief, what other powers are there? So you
(13:31):
have express, you have implied, and then you have this
word penumber. What's in the shadows of those express powers
that can only be fleshed out in litigation. The Supreme
Court doesn't handle litigation. So if he wants to proceed
on what is unequivocally a private act, he's welcome, I guess,
(13:52):
to proceed with that prosecution. But that's still going to
take time to assert that it is unequivocally private. This
is not a win for Jack Smith. How close to
a tie it is depends upon what the remainder. You'll
remember Brett. When John Roberts was confirmed, he said he
was a minimalist. That was the word he used. He
talked about judicial humility and that he was a minimalist.
(14:15):
It is not surprising to me that he wrote the
majority opinion. He wants to write it in a minimal way,
so there is no right line rule. It's going to
be facts specific.
Speaker 1 (14:28):
I listen to Trey there and I play that for you,
just to remind you that the media was then having
to tell you a different story. Now they're like, oh,
Donald Trump's in trouble again, right, The Democrats weren't a
full attack mode against the Supreme Court at that time,
trying to deal legitimate Supreme Court saying we should pack
the Supreme Court. John Stossel on Trump immunity and Jack
(14:49):
Smith said.
Speaker 2 (14:50):
This, Kim, what does this mean?
Speaker 3 (14:52):
That really mean for Jack Smith's prosecution. I know it's
going to be delayed now past the election, but is
a good chunk of a dead.
Speaker 6 (15:04):
Yes, it probably is if the lower courts do their job.
And look, this was one of the criticisms that the
High Court had as all of this had been rushed,
that these questions of immunity and whether or not there
isn't a presumed or an absolute immunity for certain presidential
acts were something that should have been decided at the
outset of this case. And by the way, I'd like
(15:27):
to point out a special criticism here. If people don't
like this decision, it was Jack Smith. He should have
thought through these issues before he even brought this case,
potentially brought more limited charges that had some consideration for
the possibility of presidential immunity, but this was all rushed.
So now what this I think, you know, ruling, very
(15:47):
careful ruling, does is order the lower court to go
through those one by one. And it would seem that
a lot of the acts that were included in these
charges probably will fall under some level of presidential immunity,
although there may be some that don't. And that's going
to be the tough question that the lower courts now
deal with.
Speaker 1 (16:05):
So what this means is and again I play this
so you have context is very clear.
Speaker 2 (16:11):
Jack Smith says, I don't care.
Speaker 1 (16:15):
I don't care about the Constitution, I don't care about
president community. I care about tying Donald Trump up in court.
Speaker 2 (16:24):
That is all that I care about.
Speaker 1 (16:27):
Now this also comes to another thing about tying up
Donald Trump in court. Judge Merchant is being encouraged now
by everyone in the media to not delay Trump's New
York sentencing, and they say there's no basis for another
delay in the law. And this has come out in
the last few days that former President Donald Trump's efforts
(16:50):
to dodge quote accountability this is how NBC News put
it for his.
Speaker 2 (16:54):
Crimes is still going strong.
Speaker 1 (16:56):
But they're saying that his unhinged campaign and the president
should be held accountable. Trump was convicted back in May
on quote thirty four pilony accounts of false flying business records,
all to cover up interfering in the twenty sixteen presidential
election by paying hush money to an adult film actress
to hide their affair quote unquote. Having already postponed this
(17:17):
is sentencing from July eleventh to September eighteenth, Trump's attorney's
recently asked the judge to further postpone it.
Speaker 2 (17:25):
Until after election day.
Speaker 1 (17:26):
In response to Manhatrick, District Attorney Alvin Bragg's office deferred
to the judge's discretion, but noted there are strong reasons
that Trump's position should be rejected.
Speaker 2 (17:37):
So what are they trying to do?
Speaker 1 (17:38):
Can we just tie him up in court or even
in jail during this presidential election cycle, so that he
can't go out there and he can't campaign. That is
exactly what Jack Smith is. This is law fair. This
is all about trying to make it where Trump can't
just campaign against Kamala Harris. And this is what they
(17:58):
do in Russia, this is what they do in China,
this is what they do in Venezuela, this is what
they do in Cuba. And now it's happening right before
a very eyes in this country. We better wake up
and realize just how dangerous this is.
Speaker 2 (18:13):
I want to.
Speaker 1 (18:13):
Pivot real quick to another really important story and it
is one that was sent to me as in essence
of whistleblow by those that are serving this country about
our lack of readiness under the Harris Biden administration. We
are now being told that the US Navy is going
(18:37):
to sideline seventeen different ships because they lack the manpower
to operate those seventeen ships. There are not enough merchant
marines for the US Navy to fully man seventeen vessels,
(18:57):
reportedly causing officials to plan to take them out of
regular operation. The Merchant Marines organization made up of civilian mariners.
Managed by a combination of federal government and the private sector,
has lost too much manpower to quote properly crew and
operate ships across the fleet quote. The problem, of course,
(19:20):
is these ships are at sea away from home port
twelve months of the year. That is what the Rear
Admiral retired Mark Montgomery, a senior director of the Center
on Cyber and Technology Innovation for the Foundation for Defense
of Democracy said in a statement. While they are not
(19:43):
officially members of the US military, merchant marines are operators
of commercial ships who also serve as an auxiliary power
during wartime or in a national emergency. This according to
the Department of Transportation Administration in their own words, according
to Montgomery, we're desperately short of the number of people.
(20:05):
There's a lack of experienced merchant mariners to crew the ships,
and this is really a clear danger to national security. Now,
the Navy's Military Sealift Command has planned to put seventeen
ships into extended quote unquote maintenance. The US Naval Institute
reported sources are now whistleblowing, saying that these are two
(20:28):
of the Lewis and Clark replenishment ships, one fleet oiler,
a dozen Spearhead class fast transports also known as EPFs,
and two forward deployed Navy sea bases for forced generation
reset and to have their crews redistributed to other ships.
(20:52):
Montgomery stressed that the issue mostly affects the merchant marines.
This is a problem the sailors tend to mannor warships.
The merchant mariners men something that equally is important, which
is the logistics backbone of the Navy. We're talking about
the oilers, we're talking about the AMMO ships, the transportation
(21:15):
ships that move the army and marine.
Speaker 2 (21:18):
Corps across the water.
Speaker 1 (21:21):
Just like ninety percent of trade is done by ships
and not aircrafts, the same.
Speaker 2 (21:26):
Thing applies at sea.
Speaker 1 (21:28):
It's too difficult, too expensive, it's not sufficient to move
all that stuff by aircraft, so it is moved by
these ships.
Speaker 2 (21:37):
That's when we have them.
Speaker 1 (21:38):
He also made it clear that a lot of what
we use, for example in Afghanistan Iraq, was actually moved
around the world by these exact ships. And so now
we're just gonna guess mothball seventeen of them because we
don't have the man power to operate them. Which, if
you knew that you were back, you were, you know,
(21:59):
having problems man power, you'd probably figured out when you're
one ship down. This is seventeen ships down that they're
going to mothball into quote, We're going to bring him
in for you know, like a whole lot of maintenance. No,
you don't have the man power. That's what you don't have.
(22:20):
You don't have the man power. This is putting our
national security at risk. And that's why the whistleblowers have
come forward. This, by the way, should be a part
of the presidential debates and the vice president of debates,
and I hope that Trump and Vance will use this
to their advantage to expose just how anti military these
(22:41):
individuals are, which brings me to the final thing I
want to put.
Speaker 2 (22:44):
On your radar screen.
Speaker 1 (22:45):
The Trump campaign is now furious as they should be,
and are now officially opposing Harris's new attempt to abruptly
change the September the tenth debate rules. The Trump campaign
on Monday came out strongly opposing the Harris campaign sudden
attempt to change the September tenth debate rules on ABC
(23:09):
News from muted to unmuted microphones. Now, what's funny is
in the first debate, they were obsessed with the idea
of muting Donald Trump. It actually, I think backfired on
Joe Biden because it gave him more rope to hang
himself with just the you know, his stumbling and not
(23:31):
being able to answer questions and the clear cognitive decline
because Trump couldn't interrupt him. And so when Joe Biden
started talking and he had hey, ninety seconds or two
minutes answer question and he couldn't do it, and Trump
couldn't interrupt, it made it just abundantly clear and cost
(23:51):
him his presidency, right because we could all see how
massive the cognitive decline was of Joe Biden. So in
I'm saying that now the hairs pains, like, hold on
a second. We don't want the mute button. We want
Donald Trump to be able to interrupt, because if he's
able to interrupt, that'll help us. We realize it actually doesn't.
(24:13):
It actually hurts us when he's muted. It helps us
when he's able to interrupt, because it makes him look bad.
Harris wants an unmuted mic to save her from I
think the other problem her word Salad's right.
Speaker 2 (24:27):
She doesn't have a teleprompter.
Speaker 1 (24:29):
So if you're the people around here show like the
last thing you want is for her to look like
a babbling idiot on stage and Trump not being able
to interrupt her to in essence, save her. So you
look at the word salads that have taken place from
Kamwa Harris. There are a lot of them. It's really bad.
And if you don't believe me, I'm going to play
(24:50):
a few of them. This is why they want Trump
to be able to talk, because they don't want this
to happen.
Speaker 2 (24:55):
Listen carefully.
Speaker 7 (24:57):
I can imagine what can be and be unburdened by
what has been. You know, what can be unburdened by
what has been?
Speaker 8 (25:05):
What can be unburdened by what has been? What can
be unburdened by what has been? What can be unburdened
by what has been?
Speaker 7 (25:18):
What we can see, what we believe can be unburdened
by what has been? What can be unburdened by what
has been? What can be unburdened by what has been?
What can be unburdened by what has been?
Speaker 2 (25:33):
Who we can be unburdened by who we have been?
Speaker 7 (25:37):
What can be unburdened by what has been? Where we
can be unburdened by where we have been and unburdened
by where we are right now? What can be unburdened
by what has been? What can be unburdened by what
has been? What can be unburdened by what has been?
What could be unburdened by what had been? What can
(25:58):
be unburdened by by what has been? What can be
unburdened by what has been? What can be unburdened by
what has been? What can be unburdened by what has been?
What can be unburdened by what has been?
Speaker 2 (26:14):
Unburdened by what has been?
Speaker 7 (26:16):
Believing in what can be? What can be unburdened by
what has been? What can be unburdened by what has been?
What can be unburdened by what has been? What can
be unburdened by what has been? What can be unburdened
by what has been? What can be unburdened by what
(26:36):
has been? What can be unburdened by what has been?
What could be unburdened by what had been? What can
be unburdened by what has been? What can be unburdened
by what has been? What can be unburdened by what
has been, What can be unburdened by what has been?
Speaker 2 (26:57):
What can be?
Speaker 7 (26:59):
What should be unburdened by what has been? What can
be unburdened by what has been? What can be unburdened
by what has been? See what can be unburdened by
what has been?
Speaker 8 (27:13):
What can be unburdened by what has been?
Speaker 2 (27:18):
What can be unburdened by what has been.
Speaker 7 (27:21):
Unburdened by what has been, and knowing what can be,
have a sense of vision about what can be unburdened
by what has been.
Speaker 1 (27:31):
Every one of those clips was heard at a different place,
every one of them, every single one of them. So
you want to know why they want to unmute Trump.
This is exactly why they want to unmute Trump because
when you let her up there, sit up there and
try to and have no teleprompter. Now you know why
she's done no interviews. Now you know why she they're
(27:51):
hiding her from the media. Now you understand why there's
still even after the Democratic National Convention, no plat form
not there is no platform, folks, no platform on her website.
If I was Donald Trump, I would say hell no,
I would fight this through and through. Don't forget share
(28:14):
this podcast with your family and friends. I'll keep you
updated on all this lating breaking news, especially with Jack
Smith and his attack on the President of the United
States Donald Trump, former President Trump. I'll have that for
you and I'll see you back here tomorrow
Host
Ben Ferguson
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