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The Donald Trump Puppet Theater to try to convince people that he really is about transparency of the Epstein pedophile cover up that he's the center of has hit a major roadblock. There's three judges, two in New York and one in Florida, who are deciding whether they're going to release the grand jury transcripts which Donald Trump has redefined as being the quote unquote Epstein files, when they are not the complete Epstein files. And making a great show of having had the Department of Justice run into various courts to try to obtain the grand jury transcripts of people who testified before the grand jury against Ghislaine Maxwell, Epstein's co conspirator N. Epstein in various places. And now they've had one judge now in Florida, Judge Rosenberg, who I know well in the West Palm Beach Division of the Southern District of Florida. She's made her ruling and she's not going to be unsealing the transcripts that were the that were the result of a Florida federal grand jury in West Palm beach back in 2005 against Epstein. What's still pending are decisions by two other judges in New York, Judge Engelmeier and Judge Berman, about the Maxwell prosecutions and the New York Epstein's prosecution prosecutions. But they're likely to go the same way. I'm Michael Popo, you're on Midas Touch and let me unpack this and do an explainer of what's going on. First, let's rip the COVID off the ball. This is all a charade. Donald Trump doesn't want these records to be released, and they're not even the entirety of the records. What we want when we say the we want the Epstein files is we want the results of the search warrants that were executed on Maxwell, on Epstein, on others. We want what was in his safe that Michael Wolf, the journalist, saw. He's going to be back on Legal AF this week to talk about it. We want what was in Epstein's house, in his files, in his computers and his laptops and his records and business records. Same thing for Ghislaine Maxwell. Sure. I'd like to take a look at what people said in grand jury testimony, but that's not the entirety of the file. And in order to get grand jury materials, you've got to comply with the federal rules. And even Donald Trump's Department of Justice knows that asking federal judges to release grand jury secret grand jury material even after people have been convicted or have died has to follow a certain rule, and they don't follow the rule. So there were three simultaneous motions that were filed, one before Judge Engelmeier, who took over the Ghislaine Maxwell case because her original judge, who presided over her conviction and her sentencing, got appointed to the Second Circuit Court of Appeals. That's Judge Nathan. So we've got Judge Engelmeier, we've got Judge Berman, who has taken over the case and presided over the case related to Epstein's prosecution. Remember, he died mysteriously or not, right while he was about to stand trial. And there was a grand jury related to that in 2019, grand jury material. There's a 2020 All New York grand jury about Maxwell, a 2005 grand jury in Florida. Those are the three grand juries that we are talking about. And each judge has done something differently. Engelmeier in Berman basically said, we need more time, more material. We want more briefing. We want to hear the see the position statements of Maxwell and the estate of Epstein, who's ever representing them, about whether we should or shouldn't. Judge Berman also said, We've got 1,000 or more victims of Epstein, of his pedophile ring and sexual abuse and sexual trafficking and raping. And we gotta worry about how those are inter interviews or interspersed with other material in there and protect people's privacy of victims. And Judge Engelmeier issued an order which just came out on the 22nd, in which he said, I want a memorandum of law, I want briefing, I want the parties to go through the factors about whether I should be releasing these grand jury materials. I want to look at the grand jury materials. I want a submission from Maxwell. I want a letter or some sort of submission about their proposed position. I want a submission from the victims. I want briefing about the rules that govern the release of grand jury materials which are supposed to be sacrosanct and kept secret. That's Judge Engelmeier. And I want all of that by date certain. August5. Judge Berman said it basically the same thing, but it didn't take that long. For Judge Robin Rosenberg down in Florida. Remember, that's the first grand jury in 2005 that looked at Epstein. Ultimately, it led to a unholy, unorthodox abuse of power non prosecution agreement entered into by the Miami U.S. attorney's office, led by Alex Acosta to let Repstein off at the time when he caught him with a rap on the knuckles and letting him plead guilty to a state count of soliciting prostitution from a minor. That's it. Despite the thousand thousands of victims that were present. And Alex Acosta later got rewarded for entering, entering that, entering into that deal with Donald Trump's best friend by becoming the labor secretary for Donald Trump in 2016. So now judge Rosenberg gets the same motion that Judge Engelmeier and Judge Berman get and she denies it because she says my hands are tied. And you, Department of Justice for Donald Trump, you know it because you've conceded that you don't fit the elements and the aspects of the rule, the sole rule that governed whether grand jury transcripts can be released. And that rule, which is outlined in the judge's order, which I'm going to put up on our substack and outlined on page three of her order, is Federal Rule of Criminal Procedure 6, Little E3. And if you don't fit the criteria for Rule 63, you're not getting grand jury transcripts release no matter how much you want them to or don't want you to and how much you're Donald Trump or not Donald Trump. And the grounds for it are if you can show that the matter is in connection with a judicial proceeding. There is no judicial proceeding going on right now concerning this. It's at the request of a defendant who shows that grounds may exist to dismiss his indictment. Well, Epstein's not making that motion and Maxwell hasn't made that request either. And at the request of a government for use in a foreign state, tribal or military criminal investigation, that hasn't happened either. Okay, look, the moment the weather changed, my allergies showed up like an uninvited guest at a deposition or a witness at a trial, sneezing congestion, itchy everything. And of course the stuff I grabbed from the drugstore never really works. I was over it. I needed something better. This podcast is is sponsored by Allerme. If your allergies are taken over, Allerme has the first and only custom nasal spray made just for your symptoms. Standard meds don't work for everyone and finding a specialist, that's basically a full time job. Allerme makes allergy care affordable, accessible and actually effective so you can live your life without allergies calling the shots. You fill out a quick online consultation and their medical team creates a custom spray just for you. They send it straight to your door in a full allergy kit, including a moisturizing saline spray and your super spray for fast relief. That actually works. My custom Allerme spray just arrived and it's so easy to use. Clear instructions, no guesswork, and if I have any questions I just message their care team right in the app. It's convenient, it's modern and it works. Allerme was founded by Stanford allergist Dr. Robert Beauchian, who's been using custom combo sprays to treat patients for decades. Now it's available to everyone and with a 95% satisfaction rate and over 12,000 five star reviews, it's a game changer. Upgrade your allergy relief with allerme. Head to allerme.com and use code legal AI for 60% off your order. Once again, that's allerme.com and use my promo code legal AF for 60% off. Make sure you use my promo code legal AF so they know I sent you. In fact, Judge Rosenberg says on page six of her order denying the release of these grand jury materials from Florida against Epstein, the government concedes. Page six the government concedes as much in its petition. It acknowledges that the quote, Department of Justice recognizes that this court is bound by 11th Circuit precedent and that it raises the this argument due to the significance of the matter and to preserve it for potential appeal. The government also recognizes that in this Circuit, only an en banc decision or the Supreme Court may overrule that original decision. 11th Circuit, in a case called Pitch, says you can't release the grand jury transcripts just because you want them. There have to be compelling reasons that fit rule 6e done. And so that's why the judge says at the top of her order on page one, this matter came before the court on the US United States request to unseal grand jury transcripts. 11 Circuit case law does not permit this court to grant the government's request. The court's hands are tied, a point that the government concedes. She then procedurally, at the end of her order, sets up a new miscellaneous docket number, sort of an administrative issue, slides all this motion practice about grand jury transcript release over to it, and then instructs the clerk to assign a new judge to it because she's already been tainted, because she's seen the grand jury material. Now, Maxwell, Ghislaine Maxwell is currently being represented. Get this by David Oscar Marcus. Who's that? A well known lawyer down in Miami. Got a lot of credentials, went to Harvard and considers Alan Dershowitz to be his mentor. So if you're playing the conspiracy home game, Alan Dershowitz, who was accused of being a recipient or a participant in the Jeffrey Epstein pedophile conduct by Virginia Joffre, who now killed herself in April, by the way, one of the first victims to come out and do a documentary about what happened to her. Dershowitz, his mentee is David. David Oscar Marcus. I got to think that Dershowitz helped bring in David Marcus to be the lawyer lawyer for Ghislaine Maxwell. Now he's lobbying hard through his buddy, and I mean his buddy Todd Blanche, who's the number two in the Department of Justice. They're friends. I've seen the podcasts where they've giggled through the most the podcast based on their closeness of the relationship. So here's how it's working. Maxwell, Maxwell's lawyer, Marcus calls Blanche Blanche says, what's your, what's your client going to say? What's the proffer? And is my boss, Donald Trump in there? No, she's going to exonerate Donald Trump. Great. I'm going to go meet with her. Hence the meeting where the Department of Justice is going to go meet with Ghislaine Maxwell. Now, Ghislaine Maxwell's brother is worried that she's going to get killed and that she's going to not make it, if you know what I mean. But it looks to me like a campaign to try to get a pardon. And the pay to play, right, is that she's going to lie or whatever, say whatever she needs to say in order to exonerate Donald Trump in return for that pardon. Dershowitz, Marcus Blanche Trump, Maxwell, you see it? That's the constellation. That's how you connect the stars and the dots. And Marcus has told the judges in New York that he wants to look at the transcripts so he can fashion an opinion on behalf of his client Maxwell, because Judge Engelmeier has asked for that. I'm not sure they're going to get that, although the Department of Justice is not objecting. So you see the closeness of the relationship between Marcus and Todd Blanche for Donald Trump. Now, the other thing they asked Judge Rosenberg for, last point on this hot take is they asked her to transfer the whole kitten caboodle up to New York and let Engelmeier or Berman handle it. And she says, I don't have the grounds to do that either. This was a Florida matter, a Florida indictment, a Florida West Palm beach grand jury, which I'm protecting the secrecy of. I'm not transferring it up to another judge. There's limited circumstances where that's appropriate and they're not present here. So denied. Case closed. That's the right decision. I don't think the grand jury material should be let out because Donald Trump wants it out. There are bigger overarching principles of protection about grand juries that are in play here. I'll continue to follow it. I'm glad you're with me here on the Midas Dutch network. Come over to Legal AF, the YouTube channel. We got about a dozen videos. Every day we update you on matters just like this. Come over there and help help that channel and hit the free subscribe button there as well. No paywalls on Midas Touch or Legal af. Just pure unadulterated independent commentary without fear or favor. Although we do worry sometimes without any independent or any outside investors. We're all independent. So until my next report, I'm Michael Popak. Can't get your fill of Legal af. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the filing in the oral argument there, including a daily roundup that I do called wait for it Morning af. What else? All the other contributors from Legal A for there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal AF on Substack. Come over now to free subscribe.
