says Michael popok don't check that dial it's time for legal af after dark the 11th Circuit Court of Appeals sits over judge aen Canon down in Florida it's not a matter of uh if it's a matter of when they're going to reverse aen Cannon and her decision among the only federal judge to O to refuse to acknowledge the United States Supreme Court president of of Nixon versus the United States back in 1974 and just decide oh I don't know that the special council is a figment of our imagin he doesn't exist he's a giant Pink Elephant what's he doing here why is he Prosecuting cases who who gave him that Authority only aen C in the 11 circuit is going to get around eventually on this appeal over the summer to making the decision we've all been waiting for we break it down for you on legal AF take a listen judge Cannon's appeal based on her horrific order you know uh the 11 circuit said a briefing schedule that has this thing being heard um by the 11th circuit sometime in October November um when there'll be oral arguments judge Cannon is going to get reversed it's going to be a scathing decision and Michael popak this case is an easy one Trump stole War plans nuclear secrets it didn't belong to him there's surveillance footage of his valet walty NAA moving and taking the boxes and you know hiding it when like literally like it looked like an Abbott and Costello you know routine like the three Stooges like you have the FBI there you know FBI is upstairs then downstairs the guys and the GU moving it you know and and those are our new I I I'm laughing in the absurdity of it but pull the photo up salty um those are are those are there nuclear secrets in there there are War plans in there that gets people killed overseas our troops our foreign assets it has realworld implications and so the fo fishness of the ACT I should be clear should not uh o over compensate for the severity of what we're talking about but popac briefly talk talk to us about this briefing schedule and um you know when do we expect judge Canon to be reversed I I this is this is the L circuit has set up a clear Glide path to reverse uh Alien Canon let me let me just back it up for a minute dozens of Judges around around the country federal judges around the country one major appell Court the DC court of appeals and something that you and I like to refer to as the United States Supreme Court have all ruled prior to judge Cannon's um trying to do a solid for her Patron Donald Trump have all ruled that whether you call it special prosecutor special counil or independent counsel they're all valid as exercises of the Department of Justice the attorney attorney general the powers of the Attorney General um and all of that and the which starts with us versus Nixon in 1974 with a unanimous 90 might have been 8 Z with a recusal um opinion by the United States Supreme Court then it's never it's been settled law since then and super pressent since then all the way to n to 2019 where Robert Muller as as special counsel was affirmed as a living breathing appropriate thing under constitutional uh delegation of powers and authorities and all of that by the DC court of appeals which is the second highest most prestigious court of appeals in America just below the United States Supreme Court from 2019 and the only one that's ever believed this thought experiment this this Fringe academic exercise is the Federalist Society is Steve calabi who co-founded the Federalist society and wrote the brief who's who's also another Patron or Mentor for the Federalist Society judge Cannon who got to speak in court who got to file his brief in court and the other leader of that of that Fringe thinking Clarence Thomas the only one I believe on the United States Supreme Court who thinks there's an argument that the that the uh that the um special counsel is a figment of our imagination is constitutionally improper and Rogue and and his and his indictments therefore should be dismissed is one Clarence Thomas maybe as a as a sympathy vote out of out of just sheer Mercy he gets AO to join him so maybe it's seven to2 against Clarence Thomas when it finally comes up to the United States Supreme Court I believe the 11 circuit led by Chief Justice Prior and even Trump appointed federal judges there who have re who have routinely reversed at least two other times this same judge about this case and I mean that I mean there's at least out of the six total judges half of them were Trump appointed they are waiting to get this third reversal up to them and she served it up on a on a platter and now they've set an initial I did a hot take on this one they set an initial the clerk of the court for the 11th circuit up in Atlanta set an initial briefing schedule as a little bit tighter than the one that the the computer generated which would allow this to be tried in the fall I mean argued in the fall through full briefing but also extended an invitation to special counsel Jack Smith who is the who is the appellant which is the party who takes the appeal and said unless you want to ask for faster a faster schedule I believe that Jack Smith is going to take that invitation and whether it's today tonight tomorrow Monday he's gonna file an a a request for expedited briefing and I think this any panel of the 11 circuit is going to take this quite seriously when she screwed up at the beginning they set an expedited schedule that was weeks in length twice to get the issues resolved that's how important they thought it was to to the administration of justice and the appearance and the protection of the reputation of all courts within the 11 circuit including the southern district of Florida to get this resolved quickly and for them to rule I believe they'll do the exact same thing here as soon as Jack Smith get get around a tap tapping out through his team as three pages and sends it to the 11 circuit then you and I can talk about that next week welcome back we only know how to present that kind of analysis One Way uncensored unfiltered unplugged sometimes unhinged on Wednesdays I do it with Karen Freeman nifo on Saturdays with Ben melis we sit at the intersection of Law and politics so you don't have to and we bring it to you I think very there's nobody else on the internet doing this this is lawyers who know what they're talking about at the intersection of Law and politics bringing it to you just like that if you if you're already part of our audience help us grow we got to do it by Word of Mouth we got no outside investors we're completely independent take the clip and send it off as a bite-sized version and ask people to join the show if you don't know who I am or what I'm talking about all right that happens I'm Michael popac that was legal AF and we invite invite you to join us Wednesdays Saturdays 800 p.m Eastern Time free subscribe to the midest network you're already here we got to get to 3 million before the end of the summer summer and we got to 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