so friends are you ready ready to see the evidence of the crimes Donald Trump committed on and around January 6th to try to steal a presidential election me too let's talk about that because Justice matters [Music] hey all Glen kersner here so friends I was in court in DC yesterday in Donald Trump's election subversion case and I want to start today with the main and most important issue that was discussed debated litigated and resolved by judge chuin and then I want us to go to the transcript of yesterday's hearing and look at a strange and remarkable discussion regarding two things one quote that Florida judge close quote apparently whose name shall not be mentioned in court and two everybody's least favorite and most corrupt Supreme Court Justice Clarence Thomas but let's start with the new reporting this from The Washington Post headline judge us can lay out Trump election interference evidence this month and that article begins a federal judge called Thursday for prosecutors and defense attorneys to file significant legal briefs in Donald Trump's 2020 election subversion case before voters head to The Ballot Box in November rejecting the former president's request to move at a slower Pace let me translate that Donald Trump's lawyers asking to move at a slower Pace Donald Trump's lawyer in court yesterday over and over again begged pleaded with the judge don't let the prosecutors disclose any evidence of Donald Trump's January 6th crime before the election move at a slower Pace they want to keep that deeply damaging evidence buried hidden secreted from the American people from the American voters before we all have to go to the polls yeah a slower Pace the article continues after a testy 1-hour Hearing in federal court in D.C US District Judge Tanya chuin granted a proposal by special counsel Jack Smith's office to make its case about the limits of Trump's immunity by September 26th with other filings due in the weeks that follow her judge chuin scheduling order offers the first glimpse into how the case will proceed after the Supreme Court ruled that presidents cannot be prosecuted for their official conduct upending the Trump prosecution and forcing special counsel to seek a superseding indictment Chin's decision gives the government the prosecutors an opportunity to lay out new evidence against Trump though how much if at all they will choose to reveal in the runup to the election remains to be seen in court Trump defense attorney John Loro had sparred with chuin over the schedule arguing that the next two months is a very sensitive time before Republican nominee Trump faces the Democratic nominee vice president kamla Harris at the polls this quote from Judge chuin quote it strikes me that what you're trying to do is affect the presentation of evidence in this case in a way so as to not impinge on the election of a president chuin told Loro after after the Trump lawyer objected to an order that would let prosecutors make their case first quote this court is not concerned with the Electoral schedule so friends judge chuin rejected Trump's lawyers attempts to keep all this evidence hidden from public view until after the election which had nothing to do with the litigation of the issues in this case you know this was a political argument from Trump's lawyers masquerading as a legal argument and judge chuckin saw right through it and rejected it and then after the hearing judge chuin issued a two-page scheduling order and there's really only one line in the scheduling order that we need to focus on the government the prosecutors shall file an opening brief on presidential immunity by September 26 2024 and that opening brief which will be filed on September 26th will lay out all of Donald Trump's crimes and acts and the brief will argue that those crimes those acts are not official presidential duties or conduct they were the acts of a candidate and frankly a criminal desperate to disregard the expressed will of the voters and and unlawfully retain the power of the presidency and those acts are not entitled to immunity Donald Trump can and must be prosecuted for those crimes okay friends let's finish up with what was a really bizarre exchange between judge chuin and Trump's lead criminal defense attorney John Loro regarding that Florida judge we all know they were talking about Judge aen Cannon but apparently nobody was willing to utter her name in open court yesterday but they talked about Judge Cannon and her ruling regarding special counsel we'll get there in a minute and then Supreme Court Justice Clarence Thomas made an appearance in yesterday's hearing so let me set this up before we look at just a brief portion of the transcript from yesterday's hearing every court in the land including the Supreme Court that has ruled on the issue of whether special counsel is actually a thing is lawful is constitutional every court has ruled yeah Special counsel is lawful including the Supreme Court years ago including the DC federal circuit court of appeals and importantly that's the appeals court in DC that sits a top the trial courts in DC like judge Tanya chuckin she is Duty bound to apply that controlling precedent from her appeals court saying special counsel is a thing it's lawful so she's Bound by that and the Supreme Court ruled that way as well but enter that Florida judge judge aen Cannon who after Clarence Thomas wrote a little note in a separate concurring opinion in the presidential immunity case saying I don't think special counsel's a thing hey judge Cannon why don't you throw the case out on that basis that's not exactly what he said but that sure was the message Clarence Thomas communicated and mind you a little judicial doodle like that a separate concurring opinion in a case that otherwise has nothing to do with weather special counsel is lawful is not precedent it's not a thing it's nothing it's judicial nonsense by a compromise Supreme Court justice so against that backdrop let's turn to yesterday's transcript to see how it is that Florida court judge and Clarence Thomas Made appearances in the discussion um in yesterday's Trump case Trump's lawyer John Loro says the following to judge chuin Justice Thomas wrote a very persuasive concurrence that suggested that the special Council does not have authority and in addition another judge a very respected judge in the southern district of Florida wrote a decision dismissing the special council's case on a appointments Clause basis and also on Appropriations and it is a critical issue that now has to be decided by the court in light of Justice Thomas's interest in the issue and also in light of what the judge decided in the southern district of Florida so apparently judge aen Cannon is now like Voldemort she whose name shall not be mentioned well judge chuin does away with John Lor's arguments about special counsel pretty quickly so you have dicta meaning nonbinding ruminations of a judge you have dicta in a concurrence written by Justice Thomas and you have an opinion filed by another district judge in another circuit which frankly this court doesn't find particularly persuasive but apparently undeterred that judge chuin is having none of this ridiculous argument about special counsel Trump's lawyer then makes this remarkable statement Justice Thomas in effect directed us to raise this issue and suggested that we do it immediately in light of his view in that concurrence and I can tell you friends I think everybody in the courtroom was taken aback by that statement by that representation by Trump's lawyers including it seems judge chuin because here's what she said in response to Trump's lawyer saying that a Supreme Court Justice directed them to raise the issue and suggested that they do it immediately judge chuin said he directed you to do that and then Trump's lawyer Begins the backtrack well I I shouldn't say he absolutely said you know do it but but when you read that opinion it's absolutely clear that that's something that we have to do now to preserve the issue and judge chuin says well I certainly don't read the opinion that way well friends I would sure like to know if Supreme Court Justice Clarence Thomas quote directed Donald Trump's lawyers to raise the issue and quote suggested they do it immediately because if he did that would be improper unethical conspiratorial even and you know I know everybody would be shocked to find that Supreme Court Justice Clarence Thomas did something improper unethical or conspiratorial well friend stay tuned because on September 26th at long last we will see at least some if not most of the evidence of Donald Trump's crimes on and around January 6th to try to unlawfully retain the power of the presidency yes that's right the American people the voters will get to see for themselves what Donald Trump did and that is pretty darn important as we approach another presidential election because Justice matters friends as always please stay safe please stay tuned and I look forward to talking with you all again tomorrow [Music]