Be careful what you wish for Trump and the MAGA legal apparatus that's been harassing former President Joe Biden through FOIA requests, through the First America legal groups, the Stephen Miller Trump legal entities that do all these FOIA requests, to the MAGA Republicans in the House of Representatives.They've been subpoenaing and pushing for special counsel records into former President Biden, a special counsel, by the way, Republican special counsel, who was investigating Biden's handling of classified information.And as part of that investigation, there was documents relating to a ghostwriter interview for Biden, that Biden would have a ghostwriter, as Biden was writing his book, and as Biden would dictate certain things.And this was identified as part of the special counsel investigating Biden, this ghostwriter interview.And at first Biden was fighting it and then there was a FOIA request and the FOIA argument from the first American legal, again, a legal group that's pretty closely attached at the hip to Donald Trump is special counsel reports need to be made public.and the documents that they rely on should be made public.
Never in our history do we bury special counsel reports or bury the documents.This is important stuff.I mean, we're talking about Biden's information.What did Biden know?He's a former president, former vice president.This is lofty stuff.
Let's release this stuff.Let's get this stuff out publicly.So eventually, You know, there were some rulings against Biden in the federal court, and Biden just ultimately said, you know what, you want the ghostwriter transcript.You could have the ghostwriter transcripts.You could have those transcripts.It's fine.
It is what it is.Go have at it.House Oversight, House Judiciary, go have it.Then the FOIA requests.I withdraw any requests that this not be turned over.Great.
But what the MAGA's with Trump, what they didn't think through is who's hiding a special counsel report right now.The one that actually everybody wants to see.I don't really think people wake up other than in MAGA land and go, you know, I want to see Biden's ghostwriter report.That's, I want to see more information about the special counsel report into Biden.No, people want to see volume two of special counsel Jack Smith's report.a special counsel report, which Donald Trump's stooge, Judge Eileen Cannon in the Southern District of Florida, has effectively blocked.
And she's like, I'm not allowing that to be produced.I'm not allowing it.Trump's DOJ is not making it public.They worked with Judge Cannon and Trump.You have the DOJ on one side, Trump as the defendant, former criminal defendant, Judge Cannon appointed by Trump, that triad of evil, that triad of corruption, working together to all basically say, okay, we're going to agree that this report does not be, you know, that special counsel Jack Smith's volume two doesn't get reported.But there are important groups out there doing great work.
We highlight a lot of them on the Midas Touch Network, on the Legal AF channel.And one group we talk about a lot is the Knight's First Amendment Institute at Columbia University, which brings a lot of these cases, and they've been trying to intervene first in Judge Cannon's case, but Judge Cannon is corrupt as hell, and then in the 11th Circuit Court of Appeal to basically say, we need to be able to file an amicusbrief to alert the 11th Circuit Court of Appeal of these shenanigans that are being done by Judge Cannon in working with the DOJ to allow the DOJ and Trump or assume it's not Trump, whoever it is that the DOJ wants to help out as part of Trump's corruption, that they could just do these stipulations.And then FOIA has no meaning, the Freedom of Information Act has no meaning, if a stipulation can be entered into with Trump's DOJ and Trump essentially, or any of the Trump oligarchs or anybody Trump wants to help, where they stipulate We're not going to release the documents.Think about it in the context even of an Epstein files case.So what if the DOJ and whoever the defense, Ghislaine Maxwell, enter into a stipulation and they now say, we don't want the Epstein files being released.
And then that's used, and this is something that the DOJ is kind of doing, not in that, you know, in saying, look, We're not going to release these cases because there's an active case.Elaine doesn't want to release, or this person doesn't want to release, or here, Trump doesn't want to release.So the Knight's First Amendment Institute, though, is citing now what's taken place by the House Republicans, and as precedent or persuasive authority, some of the rulings against Biden, saying that Biden's special counsel ghostwriting stuff needs to be released.Okay, well, if Biden's special counsel, if the House Republicans say that's fair game, then what about Jack Smith's special counsel report?That should be fair game.And whether it's through FOIA or through other means, 11th Circuit, Judge Cannon doesn't have the right to bless this collusive thing between the DOJ and Trump and Walt Nauta, you know, the former criminal defendants, to agree not
to release special counsel Jack Smith, too.If you're going to release Biden special counsel reports and special counsels are fine with Hunter and they're fine with Joe Biden, you can't just say, well, it's Donald Trump, so the special counsel doesn't apply, Judge Cannon.I want to bring in Harry Lippman from the Talking Feds YouTube channel, Substack.So this attack on Biden seems to have backfired and Biden seems to have waited for it, wait for it, wait for it.And then once the House made its argument, the MAGA Republicans in the House, once the Trump right wing groups made all of the arguments, then Biden's like, OK, got it.You can have it.
But guess what?You've just made all of the arguments why the special counsel report regarding Trump should be released, that Judge Cannon's blocking an 11th Circuit This group, Knight's First Amendment, look at the dynamic that's taking place.This is collusion.It's non -adversarial.11th Circuit, you oversee this.We've got to release the special counsel report, and we should have standing just to make this argument to you where there's this collusive arrangement, a la the federal judges who intervened in the Kathleen Willett, Judge Kathleen Williams case to point at the collusive arrangement when Trump sued the government for $10 billion, Harry.
Yeah.So let's take them in turn.First, on the Knight Institute, your Completely right.People were not really aware of this whole dynamic until Judge Williams observed it in the settlement agreement case and said, you know what, I want some briefing on this.But in fact, they've been pulling the same crap anywhere and any way they can, and especially in front of Judge Cannon, who they know is the ultimate hometown ump.And all of those motions have been.
the DOJ's unopposed motion to blah, blah, blah.Of course, it's unopposed.It's collusive.They're on the same side.There is no V here.So that really has been part of it.
Now, the Knight Institute, they've come in and said, and look what happened with Williams.Williams was able to, you can make, when it has to do with jurisdiction, you don't need, you can make your own determination, and jurisdiction is always something that's in play.So Williams appointed some amici.They don't have standing, it doesn't matter.They made the arguments and she accepted the arguments as she should have because they were the accurate arguments that showed it was collusive.In the same way, as you say, the Knight Institute is saying two things.
First, they're saying, please let us intervene, canon, perversely, wouldn't even let them file their brief.And then second, here's the reason why, in fact, the 11th Circuit, you should reverse Eileen Cannon, who is keeping this under wraps, this unopposed motion, notwithstanding that that the interests that are supposedly being served, on the one hand, there's the public interest in having a special counsel report released, which as you say, is what the whole scheme provides.It's the whole thing.It's how history is recorded for these things.What's on the other side?The interests of Nauta and Oliveira, whose case have been dismissed, just that, you know, there'll be things out there, even though they don't have a pending case.
It's a, you know, manifestly ridiculous calculation on Cannon's part.So it's now in front of the 11th Circuit, the Ninth Institute is saying, we should be permitted to intervene, but in any event, you should hear these arguments.And it's been going on for a while.We don'tknow the story and when we're going to be hearing from the 11th Circuit whether they're going to say Judge Cannon at long last let this thing go.I've predicted, and I think you have too, that one way or another, it's a little unclear, but one way or another, we, the country, are going to see volume two.
But we'll see because the only judge that has it has kept it under wraps.Okay, now back to Biden.I do think you are right that there is this dynamic.You know, Biden is now a private citizen and his lawyer, Amy Jeffress, is brilliant and I think without doubt is thinking of just zealously representing him.So I don't think she's saying well here's a little jujitsu that'll make them have to release this other report and there was a pretty good argument before they wanted this basically his own words.It's as if he dictated into a tape recorder as a way of kind of constructing his memoirs and the like, except there was a person there.
And the Republicans have wanted this stuff because they think it'll show either, one of two things, either the point that Robert Herr made that he is at times you know, losing it, that's their hope, or something about knowledge or awareness of classified material, but it's never been anywhere close.At worst, there were some, he mistakenly took a couple classified things.It's not remotely in the same ballpark as Trump, but that's what they wanted to say.Now, you know, their argument was, this is like, you don't have a right to this as president.the report.These are Biden's own words.
But I think they must have made, Ben, a strategic calculation.You know, let's look at the whole thing.It's really, and we'll see when it comes out, it's basically, you know, cuts in favor of Biden, chose him by and large to be with it, as in fact he was by and large, to be honest, as he always was.So I think they've made a strategic calculation that has the collateral benefit of underscoring the hypocrisy of the Republicans and saying, yes, yes, yes, we want that.No, no, no, not volume two of the Smith report.report.
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Get started freeSo I think it does have that practical effect and we'll see how it sort of plays out.Again, we're waiting on the 11th Circuit, not exactly sure when and how and, you know, this is on top of everything else.It's got all kinds of current purchase for knowing what Trump did for beating back on these ridiculous charges that they make promiscuously, even though they're ridiculous.that the charges against him show weaponization, the charges against him show a righteous Department of Justice bringing charges without fear or favor because he was guilty.And this coming out, we'll be able to beat back on that.But it also, it's gotta be there for history.
If by some, you know, if they were able to shred and vaporize every copy and so all we had is Trump's complete Orwellian, I was totally innocent and only did good things, and that's what the historical record provided, that would be a travesty.So, you know, one way or another the truth will out, I believe, and a big part of it will be.the Jack Smith reports, and they'll fight it tooth and nail, but we're gonna understand Jack Smith's case.And one final little point is the ridiculous Jim Jordan submission.We'll see, you may find the DOJ a little bit skittish, Because if they bring those charges, I think that Jack Smith might be able to leverage them to say, I need volume two of the report to show that, to defend myself.And that, if that had to give way, then it would be another way that they would not have thought this through and wind up revealing volume two.
So that's a whole other little wrinkle to the Jack Smith, Jim Jordan story.referral.
Harry, thank you so much.Everybody, thank you for watching.Appreciate you.Love doing these videos with Harry.Subscribe here.More importantly, subscribe to Harry Litman's YouTube channel.
Thanks, Harry.Likewise, Ben.
Always a pleasure.Before you go, our book, WTF America, is available for pre -order now.It's the story of how we got here and how we fight our way back.To pre -order, scan the QR code or click the link in the description.Let's do this.
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