Jack Smith Criminal Referral Instantly Implodes

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2:06It's everything your business needs to scale, saving you time, headaches, and money. Stop piecing your software together. Go to odoo.com. That's O-D-O-O dot com to learn more. Two immutable facts revealed themselves overnight. First, Jim Jordan of the House Judiciary Committee, and who runs it for MAGA, doesn't understand the difference between a toll record, which lists phone number data, and a text message report, nor how to ask a proper question. And Todd Blanch, who wants to be attorney general, doesn't understand what an ethical conflict is and why he should not be considering whether to indict former special counsel Jack Smith because he defended those cases against Jack Smith when he was the private lawyer for Donald Trump.

2:58We have a new referral by MAGA on the House Judiciary Committee to Todd Blanch directly to indict Jack Smith for not telling the House Committee the truth about text messages. It really is just a tremendous confusion and wrap around the axle for Jim Jordan. His staff should be embarrassed. He should be embarrassed. A grand jury should reject any attempt to try to indict Jack Smith. and Todd Blanchard recuse himself from any consideration of this matter, given that he was opposed as criminal defense lawyer to Jack Smith related to all of these issues. The jailed are now going after the jailers.

3:44I'm on Midas Touch and Legal AF. I'm Michael Popak. Take a minute, hit that free subscribe button here. Help us grow to 2 million subscribers over there on Legal AF YouTube channel. All right, let's get to it. as expected, the House Judiciary was looking for something to do before summer recess. And they decided, hey, let's help Todd Blanche get confirmed by the Senate in a vote next week. Let's run interference and start continuing to go after the enemies and targets of Donald Trump. And nobody occupies more real estate in the mind of Donald Trump than Jack Smith, who was appointed by Merrick Garland, who just did his job and found his way to two proper indictments against Donald Trump, one for interference with the election and the second one down at Mar-a-Lago related to espionage and obstruction of justice.

4:37That those cases did not move forward have everything to do with Donald Trump getting elected again and the Supreme Court's rulings on immunity. Nothing to do with the veracity or ethics of the investigation. They weren't political. The reason that Republicans were investigated is because it was the Republicans who were following Donald Trump into the abyss, their fearless leader, the head of their party, the president of the United States until the very last drop of moments. And so that's why Democrats weren't trying to stop the peaceful transfer of power. So is it any shock that the dozens of House members and dozens of other elected officials that were investigated by Jack Smith's team were Republicans?

5:24That doesn't make it partisan. That just means that the Republicans were the ones that were involved in the conspiracy. This whole issue of toll records has come up over and over again. Let me explain this to Jim Jordan. A toll record is a printout of a date, a duration, phone numbers that were used in a phone call. It's like your old bill. You want to go check your bill? It'll say on this time, at this moment, for this duration, you phone this number. That's it. That was what was subpoenaed by Jack Smith team. That is what he answered truthfully about, and I'll show you in a moment, during the House committee hearing where he testified back in December.

6:13That is different from text messages. Now, the question that the Jim Jordans of the world think that Jack Smith lied about had to do with, did you, as part of your subpoenaing, your subpoena power, did you subpoena the text messages of members of Congress? He said, no, not that I can recall. Did you subpoena the toll records? Yes. Okay. If you wanted to know whether independently from that, text messages were obtained not through subpoena, but another way and were reviewed, you should have asked that question. It's a simple question. Mr. Smith, you just testified about toll records. I understand you only subpoenaed or your team did toll records, independent from your subpoenas of toll records, did you obtain some other way text messages of members of Congress?

7:15I presume he would have said if he remembered, yes, that they got him from the National Archives. See, Donald Trump didn't steal all the documents when he left the White House to go to Mar-a-Lago. He apparently left some presidential records, which are our presidential papers behind. And they ended up with the National archive. And so it looks like, based on some information released by Senator Grassley, who is the Republican chairman of the Judiciary Committee, here's the link with Todd Blanch, that there was about 50 or 60 Excel spreadsheet files of text messages between the White House and members of Congress, including Democrats, that were sent to Jack Smith's team.

7:59In fact, let me read to you from, and we'll put it up on the screen, the actual email that's been released. And here, this is back in August of 2023. And it reveals with a bunch of people in the FBI and Jack Smith's team that there were apparently 54 Excel files with text messages from White House phones. and that includes, according to the lawyers for Jack Smith, Democrats and Republicans. But that's the answer to a different question. The criminal referral that's been made to Todd Blanche and his terminally ethical conflict itself has to do with the toll records. And so their theory, Jim Jordan's theory is, well, when we were talking about toll records, You must have known what we really were concerned about was text messages, so you should have volunteered to answer a question we didn't ask.

9:00I'm not making this up, folks. That's the premise of their referral. And the only way they're going to get the Department of Justice and Jeanine Pirro are going to get a prosecution of Jack Smith, an indictment of Jack Smith in the grand jury, is if they lie, cheat, and steal their way to do it. If they abuse the grand jury process and lie to the grand jury. I assure you, and we've now watched, you know, 18, 19 months of lying to the grand jury caught by federal judges. They will do it again to get Jack Smith indicted to satisfy the lust, the revenge lust of Donald Trump and ultimately of Todd Blanche.

9:40I'm not letting him off the hook either. Here's the letter. We'll put the letter up on the screen as well. That was sent late last night. It says that the Committee on the Judiciary Rights to Refer Strong Evidence, this is just the majority MAGA, that appears to show Jack Smith made false statements during his December 17, 2025 deposition. This was the Q &A. After they go through all the toll records that were captured, they say this was the Q &A upon which the indictment should be obtained. during his deposition Mr. Smith testified he did not receive the content of members text messages stop right there that's a lie that's a straw man that's not what the premise of the questions were about text messages because all you needed to ask was did you ever see anybody on your team ever see text message content and he would have said yes I presume did you seek a search warrant for the content of any text message from the members?

10:37From members, answer. Yes. No, I don't recall that. Okay, it was just toll records. Correct. Did the toll records that you requested from senators, did they include the content of the phone calls? No. Did the records that you requested, the toll records from the members of Congress, include the content of text messages? No. that is 100 % truthful. Or to paraphrase Donald Trump, that is 1600 % truthful. If you wanted to know whether he got, his team got the text messages another way through the National Archive, ask the question. But you can't claim it as a violation of 18 United States Code 1001 because you made a false statement by not reading the mind of the question asker and to answer questions that have not been made to you.

11:37Here's Jack Smith with Jamie Raskin on this very point. Let's play the clip from that testimony and hearing. Congress has allowed toll records to be subpoenaed. This committee has actually tried to limit it over the years and the senators who are whining the most over on the Republican side in the Senate, they never went along with our determination to try to limit the government's ability to subpoena toll records. So it's perfectly lawful what you did. Explain why did you want those toll records?

12:14We wanted to conduct a thorough investigation of the matters that was assigned to me, including attempts to interfere with a lawful transfer of power. The conspiracy that we were investigating, it was relevant to get toll records to understand the scope of that conspiracy, who they were seeking to coerce, who they were seeking to influence, who was seeking to help them. And that's normal investigative practice, right? In conducting a criminal investigation, securing non-content toll records, as you described, is a common practice in almost any complex construction. Now, here's how the lawyers for Jack Smith at Covington and Burling respond.

13:04Because they're aghast, as they should be, that this is the basis. It says that the, page one, the referral is not made because Mr. Smith made a untruthful statement. The letter concedes he did not, but because he did not proactively disclose information that was not responsive to a question that was asked. And they say that if this is going to be the basis for the referral, every witness who's not a mind reader is at risk of being criminally indicted. It says on page two, perhaps in recognition of this deficiency, the referral letter instead relies on the unprecedented theory that Mr. Smith provided false testimony, not because of what he said, but because of what he did not say.

13:52Specifically, the referral argues that he did not proactively disclose that the special counsel's office collected from the National Archive records from the White House phones that included text messages between White House officials, Republicans, and Democrats. See, they don't like the Democrat part, so they leave it out of the letter. And they say that's a dangerous theory of liability. Now, the other problem I have with this referral is who it's been made to. Todd Blanche. Todd Blanche was the lead trial counsel against Jack Smith. Talk about the jailers, the jail going against the jailers now that they have the keys.

14:35He should immediately recuse himself, as should Stan Woodward, the number two in the Department of Justice. They should be walled off, control walled off from anything related to this, because it's not just an appearance of impropriety. It's outright impropriety and unethical. And if Jim Jordan thought he was helping Todd Blanche, think again, because this doesn't help Todd Blanche. This just gives more ammunition to the Block Blanche movement. 100%. Because he can't sit in judgment of Jack Smith, not given his prior role at Mar-a-Lago and the election interference cases. And as of right now, I don't hear the Department of Justice immediately saying that Todd Blanche is not going to be involved.

15:25We know why Donald Trump is going after Jack Smith. He's doing it for cheap political points and expediency. He's got an Attorney General nominee in Todd Blanche who's on the ropes and gasping for air and needs help and they think this is going to be a life preserver. Right? That Jack Smith is like the Freddy Krueger for Donald Trump, occupying all the real estate of Donald Trump's mind, his whole triplex of a mind. And Jack Smith's not afraid. I mean, we just saw his interview in the last couple of weeks, which we know got under Donald Trump's skin. Play it. I think we are facing an attack on the rule of law that is different in kind and scope to anything I've seen in my lifetime.

16:12And one of the reasons I wanted to be with you here today in advance of the Fourth of July, celebrating the birth of a country that we all love, is to celebrate the public servants who do this work, the people I spent my career working shoulder to shoulder with. I loved being a prosecutor and part of it was I loved being around these sort of people. And it angers me to see them victimized, to see them demonized for doing their jobs. I think it's really important that we stand up for them and let them know that there are a lot of people out there who back them and who are with them. And that's not just the people who've been targeted and fired for no reason for doing their jobs.

16:55It's also the people still in the Justice Department today. Right. And he's got counsel and he's got lawyers. And if there is a grand jury out there, even with the expected prosecutorial misconduct and abuse by Jeanine Pirro's office in D.C. that indicts Jack Smith on this issue or any other issue, I hope that a D.C. district court judge in federal court in the District of Columbia sees through this and grants the expected motion to dismiss for vindictive prosecution. I mean, Donald Trump right now is already encouraging his Department of Justice, which has already said it is not independent from Donald Trump.

17:39It is Donald Trump. He's already said justice is here in a social media post. Keep talking, Trump. All of these texts and posts and all the ways you call Jack Smith crazy and deranged are going to be used in his motion to dismiss from vindictive prosecution. Here's Donald Trump. I assure you this will show up in the motion for a vindictive prosecution that will be filed by the Covington team for Jack Smith. Play the clip. Ended Joe Biden's weaponization of our government and removed his handpicked radical left Marxist prosecutors from the Department of Justice. like deranged Jack Sixsmith. He's a sick son of a bitch.

18:22They gave me the worst of the worst. And here I am. How did that happen? How did that happen? He's a sick guy. And Letitia James is sick. And Alvin Bragg is sick. They're sick people. And others. Fanny. Fanny. You can't call Fanny. She doesn't like it. She wants to be called Fanny. Fonnie Willis. I won. Can you imagine putting somebody through that? And then if I suggest that somebody may be guilty of a terrible crime, oh, he's weaponizing government. Trump is weaponizing government. It's terrible. Can you imagine? They say to me about weaponizing, I don't weaponize anything, but what they did to me, nobody ever went through what I went through.

19:16And here I am in a place called the White House. It's a beautiful place. Who would have thought, right? I could play dozens of them. And now you've got, I just went through the 441 page response of Todd Blanche to the questions of the Senate Judiciary Committee. And right in it, he says, I am not independent. I do not plan to be independent. I am a cabinet member for the president. I'm no more independent than the Commerce Secretary or the Treasury Secretary. Right. And that collapse of that fiction of there being any independence will only strengthen the hand of the motion to dismiss for vindictive prosecution.

20:00And if you think a federal judge isn't going to do it, there's already a blueprint. In the Armando Abrego Garcia case where they He tormented that guy for over a year and a half, including sending him to a torture prison in El Salvador and separating him from his family. It took Judge Crenshaw to declare vindictive prosecution and dismiss this indictment. Judge Zinnis in Maryland to render him a free person while he goes through a process. So there is already precedent for vindictive prosecution, a motion like that being granted. We'll continue to follow it all right here. You're on Legal AF. You're on Midas Touch Network.

20:42I'm Michael Popok. Until my next report. Popok here. When life changes in an instant because of an injury or the bad acts of another, you need fighters in your corner. The Popok firm is dedicated to helping the injured and their families get justice and the money they deserve. And we don't back down. Contact us today and let's start your fight for justice together. Are you noticing your car insurance rate creep up even without tickets or claims? You're not alone. That's why there's Jerry, your proactive insurance assistant. Jerry handles the legwork by comparing quotes side-by-side from over 50 top insurers, so you can confidently hit buy.

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