🚨 Jack Smith JUST CALLED TRUMP’S BLUFF…

Donald Trump is panicking and trying to. delay oral argument before the 11th. Circuit Court of Appeals on the release. of special counsel Jack Smith's volume. two in connection with the criminal. prosecution of Donald Trump. Volume two. relates to the evidence and information. gathered by special counsel Jack Smith. regarding the Mara Lago case where it. was alleged that Donald Trump took. classified information and specialized. compartmented information including.

potentially nuclear documents and hid it. all throughout Mara Lago and bathrooms. and other areas that were not secured. and then Donald Trump obstructed. justice. You will recall Judge Eileen. Cannon is the federal judge overseeing. that case. She dismissed the case on a. very novel ground that she invented was. that special councils are not allowed to. exist. I suppose if they're prosecuting. Donald Trump, but if they prosecute. other people, as they have throughout. history, special counsels are good, but. all of a sudden special counsels are.

unconstitutional, she ruled. And then. before that appeal could be heard before. the 11th Circuit, Donald Trump won the. election. And so the case had to be. dismissed anyway. I think her order. would have been overturned uh. regardless. But then there was the issue. of releasing the actual report that. special counsels by law are supposed to. prepare. So volume one was released that. was in connection with a Washington DC. case regarding the January 6th. insurrection. But volume two, Judge. Eileen Cannon as part of her protection.

racket for Donald Trump basically. ordered a complete gag order. essentially you can't produce volume two. cuz she said since special counselss are. unlawful any report they prepare would. be unlawful so the report doesn't get. out in other words Donald Trump and MAGA. Republicans could attack special counsel. Jack Smith on state regime media Fox. News and Newsmax and state regime media. CBS and elsewhere but special counsel. Jack Smith couldn't say well here's what. the evidence was and then when special.

counsel Jack Smith would testify before. Congress the MAGA republic Republicans. who control the House and the Senate. would say you can't talk about volume. two. So if you talk about it, we may. refer you for criminal prosecution. because of Judge Eileen Cannon's gag. order, but we will trash you afterwards. for not speaking about volume 2 while. we're not pre while we are preventing. you from talking about volume two. So, we have the Trump regime saying, "Well, we don't want to have oral argument.

right now before the 11th Circuit, which. is finally set to hear oral argument on. whether volume 2 should be released. Judge Eileen Cannon has been basically. sitting on this forever." And so a group. uh that handles lots of first amendment. cases, the Knight First Amendment. Institute at Columbia University, they. attempted to intervene before Judge. Eileen Cannon since essentially this is. one of the dynamics now of Trump.

individual capacity. And Trump DOJ, surprise, surprise, they're both like. keep the gag order forever. And Judge. Eileen Cannon said, well, they seem to. be in agreement, so yeah, I'm not going. to release volume two. and Trump and the. DOJ, both parties are in agreement. And. then Knight's First Amendment Institute, like they're obviously collusive, like. they're the same people. Okay. And so. Knights filed a motion to intervene. before Judge Cannon. She rejected uh.

their motion. They filed this appeal. before the 11th Circuit. And it's taken. a very long time for there to be oral. argument, which was finally said to be. heard November 2nd. I mean, Judge Cannon. made this drawn out for like years, and. even this oral argument was set a very. long time in advance. But surprise, surprise, Donald Trump and Walt Na, they. file a motion or a request to the 11th. Circuit, delay the November 2nd oral.

argument. Why? They argue that Walt. Nata, one of the alleged. co-conspirators, his lawyer is very busy. and they're in a trial and so they can't. attend oral argument on November 2nd. And then they say uh Donald Trump is. consulting with his lawyers and that. consultation because he is the president. is going to take a very long period of. time. So his lawyer is not even prepared. to do the oral argument. So, Knight's.

Institute filed a response on Tuesday. and they said, "Stop further delay of. this. Enough is enough." And they said. the following. They said, "The court has. already recognized that undue delay in. the district court's adjudication of. Appal's motion to intervene before." In. other words, the 11th Circuit recognized. that Judge Cannon was already delaying. this a long time ago. And the 11th. Circuit recognized the urgency of this. appeal when it granted Knight.

Institute's motion to expedite the. briefing and oral argument. In support. of their motion for a continuence, defendants Trump and Walt Nouta, they. argue that Na's attorney has a trial. engagement in another court. Mr. Dola's. attorney has a three-day personal trip, and Mr. Trump's attorney needs more time. to confer with her client. Under this. court's rules, an engagement in another. court is usually not good cause for a. continuence, and the other two grounds.

are weaker still. Furthermore, there is. no indication that defendants, Trump, NATA, Olivivera have made all reasonable. efforts to adjust conflicts in their. schedule, which will permit them to. attend oral argument as scheduled. Finally, time is of the essence of this. appeal. Appalent seek public appellants. seek public access to a document of. singular historic importance. One that. concerns the character of the nation's. highest elected official and this court.

has already recognized the urgency of. the relief they seek. I want to bring in. Harry Litman from the talking feds. YouTube channel, Substack and podcast. Harry, this should not be a. controversial issue that a special. counsel's report gets produced. You have. Judge Eileen Cannon taking this. exceptional move by saying special. counselss don't exist so the reports. can't be released. That's unprecedented. Then you go over here to the 11th. Circuit and the bottom line is what. Trump's lawyers could easily do for.

their trial or whatever is they can tell. whatever trial court judge, hey, we've. got an 11 circuit court of appeal. argument that we've been ordered to. attend. And then if that federal judge. or that state trial judge says, "Nope, I. take priority over the federal 11. circuit court of appeal," then I think. the federal circuit for the 11th circuit. will have something to say about that. state court trial judge or a district. court judge trying to take priority over.

the 11th circuit court of appeal. So. Harry, how do you break this all down? Make sense of this. Let's start before we even get to where. we are now, Ben, with how many miles. down the rabbit hole, the Eene Canon, Donald Trump, Na de Alivera rabbit hole. we are. So she made her for cocked. ruling that, you know, basically out of. nowhere, there was a slight suggestion, not even adopted by Justice Thomas, an.

opinion. She went running with it. It's. a it's completely. um uh meritless the idea that Jack. Smith's appointment was um invalid. But. then so so that was a long time ago and. then she did nothing and as you say this. was an early example of the jumping the. bee. Of course the they were in lock. step that's called collusion and that's. a something that the federal courts.

can't hear when it happens. didn't. bother Judge Cannon. She said, "Well, yes, just as you put it perfectly.". Well, both sides are in agreement, etc. The Knight Institute then comes in and. says, "Whoa, whoa, whoa. We want this. report that and we want to intervene. because nobody's giving you the other. side." That motion was in February of. 2025. and she just sat on it and sat on it and.

sat on it. A motion to intervene and the. 11th Circuit as you say said this is. undue delay. It was obvious from the. start really, and I mean from the start, back in the Biden era, that her whole. strategy and her calculation of what. would best serve the uh president that. had appointed her and might appoint her. to somewhere else someday was delay, delay, delay. Remember, this is the case. to all accounts that he's really dead to.

rights on there. You know, there's it's. exceptional. The January 6th case, still. very serious crimes, but here it's so. open and shut, stealing the documents, uh obstructing the FBI, all kinds of, you know, back and forth. Nalt and. deolivera helping him uh do it. This. case is a layup. Uh and but they but she. kept it from ever being tried. Okay, so. now she keeps it under wraps forever.

And finally, she denies the uh the. motion. She you cannot intervene. That's. not a very common thing, but you can. intervene. Okay. And and they appeal to. the 11th circuit. All right. So, just to. set the the pieces in play, we have a. huge delay already. And what's on the. other side? It is this very important uh. document volume two that normally as. part of the spe the special counsel regs. or just the way it's always been done.

would go to the people belong to the. people. Look this is a chronicle of. everything that was done to to pursue. and investigate these crimes. Imagine if. it had been public when Jack Smith. testified last week and you had these. bloiating senators say this is, you. know, it's weaponized and it's all. threadbear. you would have the report. for the American people to be able to. read for themselves and that would. completely blow out of the water any.

efforts and they continue by Trump and. allies in the Senate to make it seem as. if the whole prosecution was somehow um. political and weaponized as opposed to. completely straight ahead on the merits. which it was. Okay. So now though, she's. tries to bottle up as long as she can. and now the 11th circuit comes in and. sets a date. they'd been uh there may be. some kind of internal stuff going on.

there as well, but we know and this from. way back that both the circuit and uh. Canon's district court chief judge are. very aware of her hijinks and are you. the certainly the chief judge thinks. it's an embarrassment to the district. court and just the whole um you know her. her decisions uh have been be you know. beyond on beyond the pale in terms of. really, you know, any port in the storm.

that works for Donald Trump. And where. are we now? Why is she still keeping it. under wraps? We have on the one hand the. very important public um interest in. knowing what's in there, what did the. president of the United States do in his. weeks after office, etc. The other side. is NA and Deolivera says Canon whose. cases have been dismissed and are over. and yet somehow may suffer prejudice if. this comes out. It's like you know a.

feather on one side and a two-tonon. weight on the other. It's it's really um. a this gota and I you and I have said. this from the start. This report is. coming out one way or another. So, what. can Canon do to help as much as. possible? Delay, delay, delay, and delay. some more. And it's been pretty. effective. We should have seen this a. couple years ago, but certainly over a. year ago. Now, we get the um they they. actually come out yesterday with okay,

November 2nd, a kind of interesting. date, day before the election, etc. And. like clockwork, I talked about this in. in another YouTube, they come in, we've. got a delay, we've got a delay, and man. oh man, uh you know, delays can often be. difficult, but in the trial court, you. know, it happens a lot. Not in the court. of appeals. I uh was the chief of. appeals for US attorney's office and. it's, you know, it's it's like a few. hours there, right? and courts of.

appeals are very um reticent to say well. you've got your son's graduation or. there's only one attorney is going to. stand up make the argument they very. rarely grant them and here oops uh now. has vacation or I need to confer really. I mean Trump doesn't know the first. thing about this case and maybe you have. to let him know over 30 seconds that he. won't listen but uh it's ridiculous list.

to say, you know, we need a couple. months so we can really roll our sleeves. and get together and talk about it. There's only there's only one thing. going on. Delay, delay, delay as long as. possible and at least until the. midterms, including the aftermath of the. midterms and God knows what Trump has in. store for us there are done. So, um I. just on the sort of if you saw this in a. bland motion for delay kind of way, you. would say no, it's pretty lousy. It's.

not the thing that is normally granted. Everybody's aware, including the 11th. Circuit, and who that that circuit is is. unpredictable, has people judges sort of. all over the place, but everyone's aware. of the politics of this. And I think. most are aware that she's bottled up in. delay for a long time. If it were just. on the merits of a motion for. continuence, they would turn it down. And I think they probably will turn it. down anyway. And then or argument.

November 2nd, we could see that report. fairly soon. And it's a historical. document, but also one that has. everything to do with the continuing. effort by Trump to to completely. whitewash his uh history, the efforts by. senators to vilify uh Jack Smith and and. the like. We should have had our hands. on this and a big kind of open hearing. about it like the 911 report couple. years ago. But man, oh man, oh man,

enough is enough. I think that'll be the. 11th Circuit point of view uh soon. I'll. bet you see this motion denied uh in. pretty short order and the oral argument. take place on November 2nd. And I'll. just do as a caveat. This is a strange. case and it really matters who's the. panel in the 11th circuit, but that's. what ought to happen. Yeah. What extra. bothers me about it is this uh almost. waiver argument if you will in the sense. that let's just assume.

this document should not have been out. in the public which I think it should be. out in the public but the fact that. Trump and then all of MAGA uses the gag. order as a way to attack Jack Smith and. say aha he's hiding something and look. at what they're not telling you and then. they go on the offensive with the. information disparity. It is part of this kind of propaganda.

that to me is one of the most shameful. aspects of Judge Cannon and all of what. MAGA has done to the rule of law because. at the end of the day, you know, if they. were like, look, this is not out there. Sorry, we can't talk about it either. I. would say that this is the wrong ruling. I'd be very upset about it and say that. this is not what special counsel. statute's about. But you would say, "All. right, well, but what they do is the Jim.

Jordans and all of these people, almost. like we saw with that Senator Schmidt at. the hearing, even after he was called. out with the wrong information, they go. on right-wing podcast and they're like, "Did you see Jack Smith's face when you. asked him? You really got him." It was. like because you're giving him a false. scenario. He didn't go to the Atlanta. Hawks game. Like anybody would be. dumbfounded if you just said, "Hey, Harry, were you in Bermuda on November. of 2017." Like, "What are you talk? I. haven't." And you're like, "What the. hell are you talking about?" So anyway,

to me, that aspect makes this just extra. malicious. But we could go on. >> It's a little worse than that because as. you pointed out in passing, what are. they doing? They go up to him in. advance. Can you imagine the This is. like a kangaroo court. Uh the DOJ says. to Smith before his testifying, "Don't. you think about uh violate in any way. giving uh up anything in volume two,". "Okay," says Jack Smith. I'm a good. soldier. I play by the rules. Explain to. me what you want me to say and not say.

and conceal. And they said, and they've. done this to him twice. No, we're not. going to explain it to you, but uh have. fun testifying. And you know, if you. come with uh you know, if you go over. the line that you don't we won't tell. you what it is, have fun uh in the uh. contempt uh referral that the Kangaroo. court will give to the Kangaroo. Department of Justice. It's it's like a. Kafka-esque joke there at this point. >> Harry Litman runs the Talking Feds. YouTube channel, the Talking Feds.

Substack, and the Talking Feds podcast. When this video ends, go to the Talking. Feds YouTube channel. Tell Harry Ben. said hello. It's where I get a lot of my. legal news from. Harry Litman, thanks as. always. >> Thank you, Ben. >> 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.