Tuesday Reads

Good Day Sky Dancers!!

Now that the long weekend is over, there is quite a bit of news breaking. These are the three biggest stories of the day so far: a tentative date has been set for Trump’s trial in the stolen documents case; yesterday, Trump gave an interview to Brett Baier of Fox News in which he confessed to multiple crimes; and today, Hunter Biden reached an agreement with the Feds.

Kyle Cheney at Politico: Judge sets tentative trial date for Trump documents case.

Donald Trump’s criminal trial for hoarding military secrets at Mar-a-Lago has a starting date — Aug. 14 — but don’t expect it to hold.

U.S. District Court Judge Aileen Cannon bookmarked the last two weeks in August for the historic trial, part of an omnibus order setting some early ground rules and deadlines for the case. That would represent a startlingly rapid pace for a case that is expected to be complicated and require lengthy pretrial wrangling over extraordinarily sensitive classified secrets.

But a review of Cannon’s criminal cases since she took the bench in late 2020 suggests this is standard practice for the Florida-based judge. She typically sets trial dates six to eight weeks from the start of a case, only to allow weeks- or months-long delays as issues arise and the parties demand more time to prepare. While her order on Tuesday starts the clock on a slew of important pretrial matters in the Trump case, it’s not likely to resemble anything close to the timeframe that will ultimately govern the case.

Also from Kyle Cheney at Politico: Trump judge’s thin criminal trial resume comes with a twist.

Aileen Cannon, the federal judge overseeing Donald Trump’s latest criminal case, has run just four, relatively routine criminal trials in her short tenure on the bench — a stark contrast to the historic and complex proceedings she’s about to undertake related to the former president.

A review of the Southern District of Florida dockets show Cannon’s criminal work has consisted almost entirely of a few categories of cases: distribution of a controlled substance, illegal reentry of people who had previously been deported, felons in possession of firearms and child pornography or trafficking. Nearly all have resulted in plea agreements, and the four that did not were handled in brief trials that lasted no more than three days apiece in court.

Those cases have featured few significant opinions or rulings of note on complex issues of law. And Cannon, 42, has almost always sided with prosecutors on routine challenges to evidence, motions to suppress evidence by defendants and efforts to dismiss various cases.

Cannon’s thin resume, combined with her surprisingly deferential rulings to Trump — who appointed her in November 2020 — in a civil lawsuit challenging the FBI raid of his Mar-a-Lago estate last year, have raised questions about her readiness for the complexities of the first-ever federal prosecution of a former president. Prosecutors say he hoarded national military secrets at his Mar-a-Lago estate after leaving office and concealed them from government officials seeking to recover them.

There’s one exception, however, to Cannon’s judicial history that has largely escaped scrutiny. For nearly one-and-a-half years, she’s shepherded a complex, 10-defendant health care fraud case to the verge of trial, and in the course has litigated tangled and fraught issues of attorney-client privilege and motions to suppress — some of which could be precursors to battles in the upcoming Trump case.

https://twitter.com/maggieNYT/status/1670958219932442624?s=20

The New York Times: Trump Says ‘Secret’ Document He Described on Tape Referred to News Clippings.

Former President Donald J. Trump claimed to a Fox News anchor in an interview on Monday that he did not have a classified document with him in a meeting with a book publisher even though he referred during that meeting to “secret” information in his possession.

The July 2021 meeting — at Mr. Trump’s golf club in Bedminster, N.J. — was recorded by at least two people in attendance, and a transcript describes the former president pointing to a pile of papers and then saying of Gen. Mark A. Milley, whom he had been criticizing: “Look. This was him. They presented me this — this is off the record, but — they presented me this. This was him. This was the Defense Department and him.”

On the recording, according to two people familiar with its contents, Mr. Trump can be heard flipping through papers as he talks to a publisher and writer working on a book by his final White House chief of staff, Mark Meadows. Mr. Trump and the people in the meeting do not explicitly say what document the former president is holding.

According to the transcript, Mr. Trump describes the document, which he claims shows General Milley’s desire to attack Iran, as “secret” and “like, highly confidential.” He also declares that “as president, I could have declassified it,” adding, “Now I can’t, you know, but this is still a secret.”

But in the interview on Monday, with the Fox News anchor Bret Baier, Mr. Trump denied that he had been referring to an actual document and claimed to have simply been referring to news clippings and magazine pieces.

“There was no document,” Mr. Trump insisted. “That was a massive amount of papers and everything else talking about Iran and other things. And it may have been held up or may not, but that was not a document. I didn’t have a document per se. There was nothing to declassify. These were newspaper stories, magazine stories and articles.”

Rolling Stone: Trump All But Confesses to Mishandling Classified Docs on Fox News.

A WEEK AFTER his second post-presidential arrest, this one for his alleged mishandling of classified documents after leaving the White House, Donald Trump turned to Fox News host Bret Baier on Monday to make the case for why he should lead the country again. But he ended up essentially confessing to the crime of which he’s accused: stealing and sharing top-secret government information.

Before that, however, Baier pressed Trump to explain why he kept the boxes of classified materials at Mar-a-Lago and refused to comply with government requests to return them, as described in his new felony indictment. In between dismissing the case as “the document hoax” or accusing other presidents of illegally hoarding their own sensitive documents, Trump offered the bizarre explanation that he couldn’t give up the boxes to authorities because they also contained… his clothes.

“Like every other president I take things out,” Trump said. “In my case, I took it out pretty much in a hurry. People packed it up and left. I had clothing in there, I had all sorts of personal items in there. Much, much stuff.” After a brief digression to call his former attorney general Bill Barr a “coward,” Trump reiterated, “I have got a lot of things in there. I will go through those boxes. I have to go through those boxes. I take out personal things.” Finally, he clarified what those items were: “These boxes were interspersed with all sorts of things: golf shirts, clothing, pants, shoes, there were many things,” he said.

That really isn’t a good excuse, since government documents are not supposed to be mixed with other papers, much less clothing. More from the RS piece:

Later on in the interview, Trump and Baier got into a debate on the results of the 2020 election, with the Fox anchor trying in vain to remind the former president that he lost while Trump rambled on about fake ballots. The rest of the conversation involved Trump bashing Biden’s international diplomacy, from Ukraine to the Middle East to China, and musing about how much better things were with him in office.

Afterward, Fox News chief political analyst Brit Hume said that Trump’s answers regarding matters of the law were “on the verge on incoherent,” and specifically mentioned the bizarre detail of not returning the boxes of classified documents because they hadn’t been “separated from his golf shirts or whatever he was saying.” Overall, Hume said, it sounded as if Trump was making the argument that the papers were his to do with as he liked, “which I don’t think is going to hold up in court.”

Trump also claimed he was “too busy” to go through the documents and take out his personal stuff. He claimed that justifies his having one of his lawyers certify to the Feds that there were no more documents at Mar-a-Lago, ordering Walt Nauta to move the documents around to hide them from his lawyers, and refusing to obey a subpoena.

Here is one of the best parts of the Baier interview. It doesn’t have much of Trump in it, so it’s safe to watch.

https://twitter.com/KevinTober94/status/1670923018351067137?s=20

Finally, Hunter Biden has reached a deal with the Trump-appointed prosecutor investigating his case.

The Washington Post: Hunter Biden reaches deal to plead guilty in tax, gun case.

President Biden’s son Hunter has reached a tentative agreement with federal prosecutors to plead guilty to two minor tax crimes and admit to the facts of a gun charge under terms that would likely keep him out of jail, according to court papers filed Tuesday.

Any proposed plea deal would have to be approved by a federal judge. Both the prosecutors and the defense counsel have requested a court hearing at which Hunter Biden, 53, can enter his plea.

The agreement caps an investigation that was opened in 2018 during the Trump administration, and has generated intense interest and criticism since 2020 from Republican politicians who accused the Biden administration of reluctance to pursue the case.The terms of the proposed deal — negotiated with Delaware U.S. Attorney David Weiss, a holdover from President Donald Trump’s administration — are likely to face similar scrutiny.

The court papers indicate the younger Biden has tentatively agreed to plead guilty to two misdemeanor tax charges of failure to pay in 2017 and 2018. The combined tax liability is roughly $1.2 million over those years, according to people familiar with the plea deal, who spoke on condition of anonymity to describe details of the agreement that are not yet public. Prosecutors plan to recommend a sentence of probation for those counts, these people said. Biden’s representatives have said he previously paid back the IRS what he owed.