Judge Cannon gets Smacked Down by Her Boss for Trump Cover-Up

Summary

Legal AF by MeidasTouch: "Judge Cannon gets Smacked Down by Her Boss for Trump Cover-Up"

Date: November 3, 2025
Host: Michael Popok (with network intro)
Main Theme:
An urgent legal analysis of the 11th Circuit Court of Appeals ordering Judge Aileen Cannon to rule on longstanding motions concerning the release of Special Counsel Jack Smith’s "Volume 2" report on Donald Trump’s Mar-a-Lago documents case, highlighting alleged cover-up tactics and broader implications for public transparency and constitutional rights.

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Episode Overview

This episode delivers a thorough breakdown of the brewing legal standoff in the Mar-a-Lago classified documents case against Donald Trump and his associates. Michael Popok explains how Judge Cannon, widely viewed as pro-Trump, has stalled key motions seeking to make public the so-called "Volume 2" special counsel report tied to Trump and allies—particularly former FBI Director nominee Cash Patel. The 11th Circuit has just forced Cannon’s hand, setting a 60-day deadline for her to act or risk the appellate court intervening directly.

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Key Discussion Points & Insights

1. What Is "Volume 2," and Why Does It Matter?

• Background:
  • Volume 2 is Jack Smith’s investigative report on Trump’s alleged mishandling of classified documents at Mar-a-Lago, distinct from Volume 1 on election interference, which has already been made public.
• Current Status:
  • The report has sat with Judge Cannon, essentially blocked from public release for months, despite media and public interest group motions.
  • A copy also sits with Trump ally and current Attorney General Pam Bondi, who could also authorize release, but has declined.
  • The episode connects these delays to ongoing efforts to shield Trump and close associates from scrutiny.

2. The Legal Standoff: Motions to Intervene & Judge Cannon’s Delay

• The Filers:
  • American Oversight and Knight First Amendment Institute at Columbia have urgently sought intervention since February 2025 to argue for public release of Volume 2.
• Judge Cannon’s inaction:
  • Despite a 90-day expectation to resolve motions, Cannon ignored the timeline, sparking appellate action.
  • The 11th Circuit has now imposed a strict 60-day deadline, signaling impatience with judicial delays many see as partisan obstruction.

3. The Implications for Cash Patel

• Why focus on Patel?
  • He was a nominee-turned-confirmed FBI Director, with evidence presented about his testimony concerning Trump’s classified documents handling.
  • As recounted:

    “Information relating to Patel’s reported testimony before the grand jury relating to President Trump’s potential mishandling of highly classified documents is of significant interest to the public and the senators who are charged with providing advice and consent.” — Michael Popok quoting American Oversight [03:20]

  • Timing was crucial: These facts could have affected Patel’s confirmation process and go to the heart of public accountability.

4. The First Amendment and the Push for Transparency

• Knight Institute Argument:
  • The public has a presumptive right to access such judicial documents—especially when they concern justice in high-profile cases.

    “…there's a qualified right of access under the First Amendment because it is a judicial document inextricably intertwined with a proceeding… whose disclosure promotes the proper functioning of that proceeding and allows the public to know that justice is being done…” — Michael Popok quoting Knight Institute [04:50]

• Obstruction by DOJ and Executive Branch:
  • Trump’s Department of Justice filed opposition, refusing even to call Jack Smith “special counsel” and framing the report as confidential, only to be released by the Attorney General (Pam Bondi).
  • Potential Conflicts:
    • Notably, Stan Woodward, who represented two of Trump’s indicted co-defendants (Walt Nauta and Carlos De Oliveira), is now the #3 official at DOJ, raising questions of conflicts of interest.

5. Defense Arguments and Why They No Longer Apply

• Former Claims:
  • Nauta and De Oliveira argued that releasing Volume 2 would violate their 5th and 6th Amendment rights due to ongoing cases.
• Current Status:
  • Their cases have been dismissed with prejudice, so these arguments no longer hold, yet the report remains sealed.

6. The 11th Circuit Steps In

• Court’s Statement:

  • “Petitioners have established undue delay in resolution of their motions to intervene... petitions... are held in abeyance for a period of 60 days to allow the district court to fully resolve the motion.” — [10:10]

• Translation:
  • Judge Cannon must act within 60 days or face direct appellate intervention; either way, the seal on Volume 2 is likely to be revisited soon.

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Notable Quotes & Memorable Moments

• On judicial obstruction and public right to know:

  “Get off your butt, Judge Cannon, and make your decision. So they have their appellate rights and they could take it up on appeal.” — Michael Popok [10:30]

• On systemic lack of transparency:

  “Volume two matters, the Epstein files matter, all the things that are not being released by this administration matter to the American people and their right to know, their constitutional right to access.” — Michael Popok [10:57]

• On the tangled web of DOJ conflicts:

  “Donald Trump brought his friends and his enemies close together at the Department of Justice... Do you see the conflict of interest here by the Department of Justice taking a position about this when their own number three in the Department of Justice leadership represented these two guys?” — Michael Popok [08:00]

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Timestamps for Key Segments

• [01:00] Introduction of the appellate development—11th Circuit orders Judge Cannon to act
• [03:20] Why Cash Patel’s role and Volume 2 matter in public debate
• [04:50] Knight Institute’s First Amendment argument for public access
• [08:00] DOJ conflicts and the role of Stan Woodward
• [10:10] Text from the 11th Circuit’s “no more delay” order
• [10:57] Closing thoughts: Stakes for transparency and next steps

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Tone and Style

The episode delivers fast-paced, legally precise analysis interwoven with pointed, sometimes acerbic commentary reflecting frustration with perceived judicial and political maneuvering to shield Trump’s inner circle. Michael Popok’s legal expertise is coupled with clear calls for public accountability and transparency.

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Summary Takeaway

This episode of Legal AF lays bare the high-stakes legal and political chess match around the Mar-a-Lago documents case. It exposes how judicial stalling and executive inaction have kept key findings from public view—until now, as the 11th Circuit forces Judge Cannon to finally decide. The legal community and the public wait to see if transparency will finally prevail over cover-ups and procedural stonewalling.

Transcript

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May be closer to getting Jack Smith Special Counsel's Volume 2 about all the crimes he concluded that Donald Trump committed and may be assisted by Cash Patel, the FBI Director, because the 11th Circuit Court of Appeals in Atlanta has ordered Judge Cannon to get off her backside and start ruling on motions that were filed by a public interest organization and a and a press media entity to intervene in the case to get Volume two, which has been sitting with Judge Cannon, released to the public. It's been trapped. It's been trapped by Pam Bondi. In addition to release the Epstein files, release Volume two about Mar? A Lago espionage and obstruction of justice against Donald Trump and its implications of Cash Patel. And the 11th Circuit has just said to Cannon, you're on the clock. You got 60 days to resolve this issue or we're going to resolve it for you. In effect. I'm Michael Popoff. You're on Legal AF on Monday. So much news to cover. Hopefully you're here at the intersection of law and politics to follow it. Hit the free subscribe button. Come over to the substack where you can for Legal f where you can read the pieces of paper that I'm going to be synthesizing here for you and dissecting for you here. Back in February, two entities filed a motion to intervene to become parties, if you will, in in the case of the US versus Donald Trump, Walt Nada and Carlos de Olviera. We refer to it as the Mar a Lago case. In the Mar a Lago case, as we know, Judge Cannon eventually found that special counsel Jack Smith was unconstitutionally appointed in some way and she dismissed everybody's indictment with prejudice. That means de Oliveira and Walt Nouda, who worked with Donald Trump as alleged in the indictment, to hide the fact that Donald Trump had taken top secret documents, were off the hook and are off the hook. But volume two still sits with Judge Cannon, a version of it. The volume two, a copy of it sits with Pam Bondi, the attorney general as well. She was given a copy in early January by Merrick Garland with like a love note that said it's up to you to release. However, there's another way to get it. And that's where American Oversight on one hand and the Knight center, the Knight Foundation, First Amendment Institute at Columbia University filed their motions. Now, a judge has a certain amount of time to resolve motions, but they've been sitting there since February. So and I'm going to read to you from the some of the bombshell allegations, including against Cash Patel, the FBI director. They were trying at one time to get this information, especially while Cash Patel was still having his nomination to FBI director considered by the Senate. And they thought this would be interesting information to obtain. Now, that didn't happen, of course. Judge Cannon sat on it. You know, she's a Trump appointed judge that bent over backwards, as we know, for Donald Trump. And so those two motions sat. But then as you do when you're a party in a federal case, the parties gave notice to Judge Cannon that the 90 day period in which she is supposed to resolve motions had passed that then went up to the 11th Circuit Court of Appeals and a three judge panel there issued its order. And I'm going to read it to you in a minute. Effectively, says Judge Cannon, you got 60 days now, 59 days to render your opinion and then we'll take it from there. Because if she rules against releasing volume two and or allowing these two parties to intervene in the case, then they have an appellate right. They get to take an appeal. No more sitting on it. Let me read you something of the bombshell information that's in American Oversight's motion to intervene about Cash Patel in particular. Here's what they say about Cash Patel, why they want volume two, Volume one about the election interference case was already released to the public by Jack Smith because there was no one that could stop it. Judge Chutkin in the DC Election interference case wasn't going to do it. So we've seen volume one and all the evidence against Donald Trump that went by the wayside when he became president again and ultimately had an immunity decision against, you know, in favor of him. But here's what it says about what it says about Cash Patel on page seven of American Oversight's original motion from February. These proceedings are moving quickly about Cash Patel's nominee to the FBI. And information relating to Patel's reported testimony before the grand jury relating to President Trump's potential mishandling of highly classified documents is of significant interest to the public and the senators who are charged with providing advice and consent. In other words, what did he say to the grand jury? Because we know Cash Patel testified to the grand jury about Mar a Lago and about Donald Trump's handling of classified documents would have been important when he was FBI director nominated. It's certainly important now that he's been confirmed. So that was one thing that I caught in the filing. Here's how the Knight Institute put it in their motion. It says that on page two that effectively there is a, a presumptive right to access by the public in these kind of judicial documents, including those that are filed with the court. She took jurisdiction over this volume two, Judge Cannon, and so she should have the key in her pocket to unlock it and to release it. They say on page two that there's a qualified right of access under the First Amendment because it is a judicial document inextricably intertwined with a proceeding that itself is subject to the constitutional access right because it is the type of document whose disclosure promotes the proper functioning of that proceeding and allows the public to know that justice is being done and therefore she should release it. You know that feeling when your morning coffee is supposed to kickstart your day, but. But instead, your stomach's grumbling, your focus isn't sharp, and by 10am you're already craving a nap. It's frustrating because the ritual matters, but sometimes traditional coffee just doesn't play nice with your body or your brain. And for anyone juggling a busy, chaotic lifestyle or trying to level up focus and energy, this is a common struggle. 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Now, of course, the Trump, the Trump administration and its Department of Justice intervened and filed their paper back in March, Meaning this has been fully briefed since, like, the first week in April. They say it should be denied. They don't. They can't bring themselves to call Jack Smith a special counsel. They just call it Jack Smith. They just keep saying over and over again, like, like they have some sort of, some sort of disorder. Jack Smith's confidential final report. Jack Smith's investigation. Jack Smith's prosecution. You mean the special counsel. And so what they say there is that neither of these two parties should be allowed to intervene in the case and that it is not a judicial record and that there is no First Amendment. Right. Now, I find this interesting. On page 13, they say when the 11th Circuit dismissed the appeal, the criminal case ended and there's nothing left for the court to resolve. And therefore, and we're not going to revive the charges. And this is a confidential report that should only be released by the Attorney general, putting it back on Pam Bondi. Now, just to be clear, something left out here is that the lawyer for Walt Nouda and Carlos Diola Vieira, who was the butler and the IT guy that Donald Trump used to hide the documents and try and erase the videos of them doing it. They were represented by Stan Woodward. Stan Woodward is now the number three in the Department of Justice. Talk about being kicked upstairs. So Donald Trump brought his friends and his enemies close together at the Department of Justice. He now reports to Todd Blanche and Pam Bondi. He represented these people. Do you see the conflict of interest here by the Department of Justice taking a position about this when their own number three in the Department of Justice leadership represented these two guys? But, of course, the Trump administration refuses to acknowledge any conflict of interest, and so they don't. Now, the reason it was originally blocked is that Nauta and Ol Viera argued that their fifth and sixth, Sixth Amendment rights would be violated since there still was an active case against them at the time. And therefore the volume two of the report should not be released even if their names are redacted because it'll be bad for their ability to get a fair trial. But that ended after the case was dismissed against them with prejudice. Can't be brought back again. Won't be brought back again. The United States just admitted they're not going to bring the case back again. And so at the end of the day, I think this is a solid argument. Let me read to you from the 11th Circuit here before the court are related petitions for writs of mandamus. That's the two entities I just told you about. And they give the date that they were filed. Petitioners have established undue delay in resolution of their motions to intervene. And the petitions for writ of mandavis are held in abeyance for a period of 60 days to to allow the district court to fully resolve the motion. Get off your butt, Judge Cannon, and make your decision. So they have their appellate rights and they could take it up on appeal. So we'll continue to follow everything that happens here. Volume two matters, the Epstein files matter, all the things that are not being released by this administration matter to the American people and their right to know their constitutional right to access. And while you're here, hit the Free subscribe button. Come over to legal AF YouTube, do the exact same thing and help us continue to grow our Legal AF community. Till my next report, I'm Michael Popak.

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