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Aug. 9, 2023 - Epoch Times
11:57
DOJ Slapped By Judge In Trump Documents Case ｜ Facts Matter
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Good evening, and right before we dive into the main story, I wanted to mention that in another spate of censorship here on this beautiful platform called YouTube, well, they have just taken down another one of our channels.
Specifically, this was an Epic Times channel called Truth Over News, which is a phenomenal show.
It features two of our investigative journalists getting to the bottom of many of the topics that are often overlooked by mainstream media.
Now, why exactly YouTube decided to not just strike that channel, but to completely delete it, is anyone's guess.
Their policies are opaque, to say the least.
Now, just for reference, though, the last three episodes that they published on that channel before having it taken down were these.
Newly released emails show the World Health Organization participated in Dr.
Fauci's origin cover-up.
The pieces of the Biden-Ukraine puzzle finally fall into place, and they lead straight to Russiagate.
And then, ironically, there was the episode titled, U.S. government seems to have assumed a role similar to an Orwellian Ministry of Truth.
And so something about that type of content didn't exactly jive well with the censors here on YouTube, as un-American as that sounds.
And so listen, if you are just as sick and tired of all this censorship as I am, well, There's something you can do.
Because over at the Epoch Times, they have just extended their awesome sale and subscriptions.
Just 25 cents a week for the entirety of the year.
If you do the math, that works itself out to just be a dollar a month.
And so, if you are just as fed up with all the censorship as I am, and you want a source of honest news, well, I would highly recommend that you try the Epoch Times for yourself.
In fact, we have all of the episodes for Truth Over News over on the Epoch Times website.
I'll throw a link down in the description box below.
It'll be right there at the very top.
You can click on that link and you can head on over and try the Epoch Times for yourself for, again, just a single dollar a month.
I hope you check it out.
And now, diving into today's main topic, this right here is Mr.
Jack Smith, the Justice Department's special counsel who is, you can say, leading the charge in several of the federal cases against President Trump.
And while most of the country's attention has been, you can say, laser-focused on Jack Smith's case in regards to January 6th, well, it's actually the classified documents case over in Miami that's been seeing the most action, with the most recent development being that just yesterday, on Monday, the judge in the case, she rebuked federal prosecutors while at the same time striking down two of their most recent filings.
Now, in order to make sense of these developments, let's start at the very beginning.
Late last week, Jack Smith and his team of federal prosecutors, they submitted three separate filings to the court.
These were filings number 95, number 96, and number 97.
And all three of these court filings were related to a request that federal prosecutors were making to the judge.
Specifically, they were requesting something known as a Garcia hearing.
And for reference, here's how LSD Law defines a Garcia hearing.
Quote, For example, if two people are charged with a crime and they both hire the same lawyer, a Garcia hearing may be held to make sure that each defendant understands that their lawyer's loyalty may be divided between them.
Now, the reason that they were pushing for a Garcia hearing in this particular case is due to the fact that one legal team is currently representing three separate defendants.
You have the same lawyer representing President Trump, his assistant Walt Nauta, as well as the Mar-a-Lago manager, Mr.
Carlos de la Vera.
Sharing the same attorney in a case like this might present the potential for a conflict of interest.
For instance, Trump's defense could be that he did not order any of the boxes to be moved and that the Mar-a-Lago manager moved the boxes of his own volition, whereas the manager might say that I was just following orders.
And so in such a case, having one attorney represent both clients is a bit dicey.
And so the prosecutor's call for one of these Garcia hearings is It could be either to the benefit of Trump's manager and assistant, or it could be seen as a strategic move by the prosecutors to divide and conquer the defendants.
Regardless, if we go back to those three different court filings that were submitted by Jack Smith's team last week, we find that document number 97 was making this request for a Garcia hearing, while documents number 95 and 96 were supplementary documents containing quote-unquote additional information for the court.
But the federal prosecutors, they requested that these two court filings, number 95 and 96, be sealed up from the public view in order to, quote,"...comport with grand jury secrecy." Meaning, in plain English, that filing number 97 was requesting a Garcia hearing, while filings number 95 and 96 allegedly provided the court with a reason for why these hearings should be had in the first place.
However, Jack Smith and his team, they asked the court to seal up number 95 and 96 from public view in order to protect the secrecy of the grand jury.
However, here's where things get interesting.
Because this right here is Judge Eileen Cannon.
She is the Florida District Judge overseeing this whole classified documents case.
She was also appointed to the bench by President Trump three years ago in November of 2020.
And as a response to these three filings, this judge, well, she threw a wrench into the prosecutor's plans.
Specifically, in this two-page court order that she released just yesterday, Judge Cannon, for one, struck down two of these filings, saying that there is no credible, factual reason for them to be hidden from public view.
Here's specifically what she wrote in this order.
Quote, The special counsel moves for a Garcia hearing to inquire into potential conflicts of interest that may arise from attorney Stanley Woodward Jr.'s prior and current representation of three individuals that the government may call to testify at the trial of his client, Waltie Nauta.
Simultaneously, the special counsel moves to file under seal a quote-unquote supplement containing additional information to facilitate the court's inquiry.
The special counsel states in conclusory terms that the supplement should be sealed from public view to comport with grand jury secrecy.
But the motion for leave and the supplement plainly fail to satisfy the burden for establishing a sufficient legal or factual basis to warrant sealing the motion and supplement.
The special counsel's motion for leave to file under seal is denied.
The clerk is directed to strike from the docket, sealed entries 95 and 96.
Meaning that despite the prosecution's wishes, they are not able to file these motions under seal.
And instead, if they wish to file them, they must file them publicly.
Then, in regards to the Garcia hearings, she allowed the motion to continue.
However, she also threw a bit of a wrench into the prosecution's plans here as well by demanding that they explain, in writing, why a Washington, D.C. grand jury is being utilized in this Miami, Florida case.
Here's specifically what she wrote.
Quote, The response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district.
The special counsel shall respond to that discussion in a reply in support of the motion due on or before August 22nd of 2023.
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Meaning that she will allow this Garcia hearing to potentially take place, but she is demanding that the federal prosecutors explain why they're making use of a grand jury all the way out in Washington, D.C., even though this case is clearly within the jurisdiction of Miami Fire.
Florida.
They now have to explain exactly why they don't just use a Miami-based grand jury.
And of course, we have to wait for their response.
But just as a fun aside, here are the voting demographics over in Washington, D.C. 92% of D.C. residents voted for Joe Biden in the 2020 election.
Makes you wonder how easy that type of a grand jury is to convince, especially when you compare that to a, let's say, Miami-based grand jury that would be filled with Cubans who fled communism.
I wonder why exactly the prosecutors decided to use a Washington grand jury instead.
Regardless, that's only speculation.
The prosecutors will have to submit their official rationale to the court by August 22nd, which for a reference is Tuesday, exactly two weeks from today.
And also, something that I wanted to mention in passing as we're discussing these cases— Is that as we're watching President Trump get arrested multiple times leading up to the 2024 election, the White House has taken a bit of an unusual stance.
For instance, just hours before Trump was to be arrested and arraigned over in Washington D.C., well, Joe Biden posted this video over on Twitter, which, given the context, appeared to be a thinly veiled reference to his administration's prosecution of Trump.
Take a look.
I like my coffee dark.
Now, of course, you can make of that what you will.
And in fact, when she was asked directly about the White House's stance on these different arraignments, indictments, and arrests, well, Karine Jean-Pierre, the official press secretary, she essentially just refused to answer.
Can you say categorically that President Biden was not involved or influenced at all any of the decisions into indictment of President Biden?
Not at all.
He was not involved.
The President has been very, very clear.
The Department of Justice is independent.
He wants to restore the independence of the Department of Justice, and that's what you've seen.
That is why we have been very, very consistent.
When it comes to criminal cases, we just do not comment.
However, what's really interesting to note is that Karine Jean-Pierre's tune was a little bit different a few years ago, back in 2019.
Back then, President Trump was still in office, and he was floating the idea of investigating the Biden family's pay-to-play political business model.
And back then, here was what Karine said while being interviewed over on MSNBC. This is who Donald Trump is.
He did it as a businessman, he did it as a candidate, and now he's doing it as a president.
And the thing about now is, is that he's using government resources to go after his political opponent.
Like, that's the thing that we have to remember.
It's remarkable what a few years, as well as a change in the administration and power, can actually make.
If you'd like to go through the details of the different court filings that we discussed in today's episode, I'll throw all of them down into the description box below this video for you to check out, which I should mention is that same description box right below those like and subscribe buttons that I hope you take a quick moment to smash.
And then lastly, as I mentioned at the very top of the episode as well, if you would like to try the Epoch Times and get unlimited access to everything, all the articles, all the infographics, all the shows and movies and documentaries over on Epic TV, including the great show called Truth Over News, well, Now's a great time with that awesome sale that we are currently running.
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And then, until next time, I'm your host, Roman from The Epic Times.
Stay informed.
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