Friday Reads: Trump Indicted in Stolen Documents Case

Good Afternoon!!

It’s finally happening. Last night Trump announced that he has been indicted in the stolen documents case. That’s the good news. The bad news is that the case has been assigned to Judge Aileen Cannon, remember her? She’s the MAGA judge who stalled the case for months by appointing a special master before she was finally humiliated by the 11th Circuit Court of Appeals. Just breaking right now: Walt Nauta, the aide who moved boxes around at Mar-a-Lago has also been indicted in the documents case. Here’s what’s happening this morning.

Hugo Lowell at The Guardian: Donald Trump charged with illegal retention of classified documents.

Federal prosecutors have charged Donald Trump over his retention of national security documents and obstructing the government’s efforts to retrieve them, according to multiple people familiar with the matter, a historic development that poses the most significant legal peril yet for the former president.

The exact nature of the indictment, filed in federal district court in Miami, is unclear because it remains under seal and the justice department had no immediate comment.

Trump confirmed the indictment on his Truth Social social media platform on Thursday afternoon, shortly after his lawyers received an email from prosecutors in the office of special counsel Jack Smith that outlined the charges and summoned the former president to surrender himself to authorities in Miami next Tuesday.

The charges listed in the summons included: wilful retention of national defense information, conspiracy to obstruct justice, withholding a document, corruptly concealing a document, concealing a document in a federal investigation, engaging in a scheme to conceal and false statements, people familiar with the matter said.

Trump’s lawyer Jim Trusty confirmed in an appearance on CNN that prosecutors had listed seven charges on the summons paper. Trusty said he had not seen a copy of the indictment but added he was hopeful that it might be unsealed before Trump makes his initial appearance in court.

Trump will be arraigned in Miami on Tuesday afternoon.

ABC News: Judge Aileen Cannon, a Trump appointee, initially assigned to oversee his case: Sources.

The summons sent to former President Donald Trump and his legal team late Thursday indicates that U.S. District Judge Aileen Cannon will be assigned to oversee his case, at least initially, according to sources briefed on the matter.

Cannon’s apparent assignment would add yet another unprecedented wrinkle to a case involving the first federal charges against a former president: Trump appointed Cannon to the federal bench in 2020, meaning that, if Trump is ultimately convicted, she would be responsible for determining the sentence – which may include prison time – for the man who elevated her to the role….

Cannon is no stranger to the case. The 42-year-old judge appointed a “special master” last year to review those materials seized from Trump’s Mar-a-Lago estate. Legal experts accused Cannon of handing Trump a series of head-scratching victories over the course of those proceedings….

In one instance, Cannon restricted the FBI from using the seized classified documents as part of their ongoing probe until she completed her review. Cannon’s order was ultimately thrown out in its entirety by an 11th Circuit Court of appeals panel, which found she overstepped in exercising her jurisdiction in the probe.

In addition to Cannon, Magistrate Judge Bruce Reinhart’s name also appeared on the summons sent to Trump on Thursday, the sources said.

Reinhart, who was sworn in as a magistrate judge in 2018, is also familiar with the proceedings against Trump: he signed off on the initial search warrant of Mar-a-Lago last year and later ruled to unseal the search affidavit – decisions that made him the target of antisemitic jabs on the internet.

I assume that if Cannon doesn’t recuse herself, the DOJ will appeal to the 11th Circuit. Joyce Vance posted a thread about this on Twitter.

Read the rest on Twitter.

CNN: Trump aide Walt Nauta indicted in classified documents case.

An aide to former President Donald Trump has been indicted in special counsel Jack Smith’s investigation into the mishandling of classified documents from the Trump White House, two sources familiar with the indictment tell CNN.

Walt Nauta’s indictment is the second in the special counsel’s investigation after Trump was indicted on seven counts on Thursday.

An attorney for Nauta declined to comment. Nauta was with Trump at his Bedminster, New Jersey, golf club this week….

Trump responded to Nauta’s indictment on his social media Friday, writing, “They are trying to destroy his life, like the lives of so many others, hoping that he will say bad things about ‘Trump.’ He is strong, brave, and a Great Patriot. The FBI and DOJ are CORRUPT!”

Nauta’s involvement in the movement of boxes of classified material at Trump’s Florida resort had been a subject of scrutiny of investigators. Nauta, with the help of a maintenance worker at Mar-a-Lago, moved the boxes before the FBI executed a search warrant on the Palm Beach property last August.

Maggie Haberman and Jonathan Swan have the inside gossip on what happened when Trump got the news last night.

The New York Times: Inside Trump’s Club When the Call Came: You’re Indicted.

Former President Donald J. Trump was gathered with his core political advisers in the office near his poolside cottage at his club in Bedminster, N.J., when his phone rang around 7 p.m. on Thursday. On the line, according to two people with knowledge of the call, was one of his lawyers, informing him he had been indicted for the second time in less than three months….

Mr. Trump, always compartmentalizing, immediately moved to a political reaction.

At 7:21 p.m., he did what he used to do so often when he was president: He personally programmed the chyrons on every news channel in the country. He broke the news of his own indictment — drafting and then sending a three-part statement on his social media network, Truth Social, that soon interrupted the nighttime shows on Fox News, MSNBC and CNN.

The former president posted a screed against the Biden administration, but buried within his attacks on Democrats were pertinent details: not only that he had been indicted, but also that he had been summoned to appear at a Miami courthouse on Tuesday afternoon.

A studio van was brought to Bedminster so one of his lawyers could go on television. Another Trump lawyer, James Trusty, soon went on CNN to describe a few of the charges, and recounted his client’s reaction.

A bit more:

“He thought about it,” Mr. Trusty said. “He said: ‘This is just a sad day. I can’t believe I have been indicted.’” Mr. Trusty went on: “Those are kind of my — my summary words of what he had to say. But, at the same time, he immediately recognizes the historic nature of this. This is crossing the Rubicon.”

For days, Mr. Trump’s team had been casting about for information about his indictment, after three of his lawyers met with Justice Department officials on Monday. They entered that meeting having been told charges were likely, and nothing that was said changed that perspective, according to people close to Mr. Trump. But while they suspected an indictment was imminent, they were operating more off rumor, gossip and news reports than from verified facts.

As speculation intensified ahead of the Justice Department’s notification of the indictment, Mr. Trump’s team pretaped a video of the former president reacting to the expected charges in a speech direct to the camera — and standing in front of what appeared to be a version of a painting of President Theodore Roosevelt and Kaiser Wilhelm II, Germany’s leader during World War I.

Half an hour after he announced his indictment, he posted the video on his social media website. In it, he bashes Democrats, portrays the indictment as evidence of “a nation in decline” and calls himself “an innocent man.”

Whatever. Just more Trump lies.

CNN has obtained more tapes of Trump talking about the stolen documents.

CNN reports:

Former President Donald Trump acknowledged on tape in a 2021 meeting that he had retained “secret” military information that he had not declassified, according to a transcript of the audio recording obtained by CNN.

“As president, I could have declassified, but now I can’t,” Trump says, according to the transcript.

CNN obtained the transcript of a portion of the meeting where Trump is discussing a classified Pentagon document about attacking Iran. In the audio recording, which CNN previously reported was obtained by prosecutors, Trump says that he did not declassify the document he’s referencing, according to the transcript.

Trump was indicted Thursday on seven counts in special counsel Jack Smith’s investigation into the mishandling of classified documents. Details from the indictment have not been made public, so it unknown whether any of the seven counts refer to the recorded 2021 meeting. Still, the tape is significant because it shows that Trump had an understanding the records he had with him at Mar-a-Lago after he left the White House remained classified.

Publicly, Trump has claimed that all the documents he brought with him to his Florida residence are declassified, while he’s railed against the special counsel’s investigation as a political witch hunt attempting to interfere with his 2024 presidential campaign.

This seems to be more details from the recording CNN revealed last week.

Trump was complaining in the meeting about Chairman of the Joint Chiefs of Staff Gen. Mark Milley. The meeting occurred shortly after The New Yorker published a story by Susan Glasser detailing how, in the final days of Trump’s presidency, Milley instructed the Joint Chiefs to ensure Trump issued no illegal orders and that he be informed if there was any concern.

“Well, with Milley – uh, let me see that, I’ll show you an example. He said that I wanted to attack Iran. Isn’t that amazing? I have a big pile of papers, this thing just came up. Look. This was him,” Trump says, according to the transcript. “They presented me this – this is off the record, but – they presented me this. This was him. This was the Defense Department and him. We looked at some. This was him. This wasn’t done by me, this was him.”

Trump continues: “All sorts of stuff – pages long, look. Wait a minute, let’s see here. I just found, isn’t that amazing? This totally wins my case, you know. Except it is like, highly confidential. Secret. This is secret information. Look, look at this.”

Apparently he was going through some of those boxes he brought with him from Mar-a-Lago.

I expect there will be more news breaking today and over the weekend. Take care everyone and enjoy the schadenfreude!


Tuesday Reads

Good Day, Sky Dancers!!

Today I want to highlight two important days in our country’s history. Today is the 79th anniversary of D-Day, and yesterday was the 55th anniversary of the assassination of Robert F. Kennedy.

D-Day, June 6, 1944

From PBS News Hour: Here are some key facts about D-Day ahead of the 79th anniversary of the World War II invasion.

Nearly 160,000 Allied troops landed in Normandy on June 6, 1944. Of those, 73,000 were from the United States, 83,000 from Britain and Canada. Forces from several other countries were also involved, including French troops fighting with Gen. Charles de Gaulle against the Nazi occupation.

They faced around 50,000 German forces.

More than 2 million Allied soldiers, sailors, pilots, medics and other people from a dozen countries were involved in the overall Operation Overlord, the battle to wrest western France from Nazi control that started on D-Day….

The sea landings started at 6:30 a.m. local time, just after dawn, targeting five code-named beaches, one after the other: Omaha, Utah, Gold, Sword, Juno.

The operation also included actions inland, including overnight parachute landings on strategic German sites and U.S. Army Rangers scaling cliffs to take out German gun positions.

Around 11,000 Allied aircraft, 7,000 ships and boats, and thousands of other vehicles were involved in the invasion….

A total of 4,414 Allied troops were killed on D-Day itself, including 2,501 Americans. More than 5,000 were wounded.

In the ensuing Battle of Normandy, 73,000 Allied forces were killed and 153,000 wounded. The battle — and especially Allied bombings of French villages and cities — killed around 20,000 French civilians.

The Assassination of Robert F. Kennedy, June 5, 1968

From NPR: Robert Kennedy was killed 55 years ago. How should he be remembered?

Just after midnight on June 5, 1968, in a ballroom in the ornate Ambassador Hotel in Los Angeles, a packed crowd watched charismatic presidential candidate Robert F. Kennedy give a victory speech after winning the California primary.

Almost five years after his older brother John F. Kennedy was assassinated in Dallas, Robert Kennedy was making his own run for the White House. America was divided over the Civil Rights Movement and the war in Vietnam.

The New York senator was gaining momentum to potentially secure the Democratic nomination. But that night — 55 years ago today — was the last time he would address the public….

As Kennedy walked off stage at the Ambassador Hotel through a pack of eager reporters, the crowd chanted his name.

“We want Bobby,” they cheered.

Kennedy shook hands with supporters and exited the ballroom through the kitchen. Then, the crowd heard what witnesses would later describe as the sound of firecrackers. A gunman fired a .22 caliber revolver, hitting Kennedy and injuring five others.

Olympic gold medalist Rafer Johnson — one of Kennedy’s friends who worked on his campaign — wrestled the gunman to the ground and tried to disarm him….

Kennedy died the next day. He was 42. His widow, Ethel, was pregnant with their 11th child….

Mourners lined up before dawn outside New York City’s St. Patrick’s Cathedral for Kennedy’s funeral mass. Inside the church, Sen. Ted Kennedy delivered the eulogy.

“As he said many times in many parts of this nation: Some men see things as they are and say ‘Why?’ ” Kennedy said. “I dream things that never were and say ‘Why not?’ “

Read more about Kennedy’s 1968 campaign at the NPR link.

Of course, that was not the only assassination in 1968. The Rev. Martin Luther King was murdered on April 4th. A highlight of Robert Kennedy’s campaign was the speech he gave in Indianapolis after informing the audience of King’s death.

At Esquire, Charles Pierce writes about that misbegotten year, 1968: It’s Been 55 Years Since This Country Lost RFK. In the litany of lousy American years, 1968 is right up there.

Every five years, we drag ourselves through a year of melancholy anniversaries. For some reason, we tend to account for these things in five-year increments, like college reunion cycles. And, in the litany of lousy American years, 1968 is right up there with 1860-1865, 1929, and 1941. And the sad and mournful commemorations are not limited to this country, or even to this side of the Atlantic. It was 55 ago this May that Paris erupted in riots and a nationwide wildcat strike. It was 55 years ago this August 20th that the Warsaw Pact tanks rolled into Prague to crush the promise of the Prague Spring.

Over here, the 55th anniversaries of that misbegotten year began in January, with the 55th anniversary of the Tet Offensive in Vietnam, in which the American public got a good look at the lies it had been fed about that war for years. It would be the deadliest year for the U.S, military of the entire conflict and, 55 years ago this past March, elements of the 20th and 23rd U.S, Infantry marched into Quang Ngai province toward the hamlet of My Lai.

As the opposition to the war exploded, President Lyndon Johnson’s political support began to disintegrate. In January. Senator Eugene McCarthy ran him a close race in the New Hampshire Democratic primary and shook up all political expectations for that fall’s presidential election. And then, 55 years ago this past March 16, Senator Robert F. Kennedy announced his campaign for president. Two weeks later, Johnson dropped out.

Kennedy’s campaign may have peaked 55 years ago this April 4. He was in Indianapolis. In Memphis, Dr. Martin Luther King. Jr. stepped out onto a motel balcony into a soft spring evening and a sniper shot him in the face. It was a crime almost unthinkable, but, sadly, not unanticipated. Kennedy got word of the murder on his way to a rally in a largely black section of Indianapolis. It would be up to him to deliver the news to his supporters already gathered there, most of whom had not yet heard it. Kennedy got up on the back of a truck and delivered one of the most remarkable spontaneous political speeches in the country’s history. He ended his address by summoning the year’s dark angels.

“We can do well in this country. We will have difficult times; we’ve had difficult times in the past; we will have difficult times in the future. It is not the end of violence; it is not the end of lawlessness; it is not the end of disorder. But the vast majority of white people and the vast majority of black people in this country want to live together, want to improve the quality of our life, and want justice for all human beings who abide in our land. Let us dedicate ourselves to what the Greeks wrote so many years ago: to tame the savageness of man and make gentle the life of this world. Let us dedicate ourselves to that, and say a prayer for our country and for our people.”

Read the rest at the Esquire link.

Today’s News

Miami Herald: Texas sheriff recommends criminal charges in DeSantis’ migrant flights to Martha’s Vineyard.

Los Angeles Times: Newsom threatens DeSantis with kidnapping charges after migrants flown to Sacramento.

Newsweek: Republicans Urge Immigrants to Stay in Florida, Fearing New Law’s Impact.

CNN: Exclusive: Mar-a-Lago pool flood raises suspicions among prosecutors in Trump classified documents case.

The New York Times: Trump Lawyers Visit Justice Dept. as Classified Documents Inquiry Nears End.

Raw Story: ‘Green light’: Legal expert suggests Jack Smith has been given the go-ahead to indict Trump.

The Washington Post: Russia and Ukraine trade blame for destruction of Kakhovka dam, power plant.

The New York Times: Robert Kennedy Jr., With Musk, Pushes Right-Wing Ideas and Misinformation.

Rolling Stone: RFK Jr. Blames Anti-Depressants for School Shootings.

The Washington Post: FBI had reviewed, closed inquiry into Biden claims at center of Hill fight.

Have a great Tuesday, everyone!! This is an open thread.


Lazy Caturday Reads

Happy Caturday!!

Since it’s Caturday, I decided to share this funny video I found on Twitter before I get started with today’s news. It shows how intelligent cats really are.

Cats prove that there are good things in this world, even though the news people make can be so depressing.

Here’s what’s happening today.

There’s been a terrible train crash in India. The New York Times reports: More Than 260 Dead and 900 Injured in Train Crash in India.

More than 260 people were killed and hundreds more injured when a passenger train derailed and struck two other trains in eastern India on Friday, officials said, a rail disaster whose toll was exceptionally large even by the standards of a nation with a long history of deadly crashes.

The crash, in the state of Odisha, shocked India, now the world’s most populous country, and renewed longstanding questions about safety problems in a system that transports more than eight billion passengers a year. The country has invested heavily in the system in recent years, but that has not been enough to overcome decades of neglect.

The crash killed 261 people, according to Indian railway officials. Odisha’s chief secretary, Pradeep Jena, said that an additional 900 had been injured. Officials said they expected the toll to rise.

As daylight broke, teams of rescue workers with dogs and cutting equipment were laboring to free injured people trapped in the wreckage of twisted train carriages. Officials said that 115 ambulances had been mobilized and that all nearby hospitals were on standby.

The government in the state, home to about 45 million people, declared a day of mourning after India’s worst rail disaster in two decades. Dozens of trains were canceled. Teams from the Army, Air Force and National Disaster Response Force were mobilized to help. And people near the site of the crash were lining up to donate blood.

Of course the death toll is rising. The Washington Post: India train crash toll passes 280; rescue operation ends.

About 1,000 people were injured in the collision Friday night in the state of Odisha, the government said in a preliminary incident report obtained by The Washington Post. Rescue operations were “completed” Saturday afternoon local time, India’s Railways Ministry said on Twitter, adding that “restoration work” was underway.

Pagan Cats, by Cécile Berrubé

Pagan Cats, by Cécile Berrubé

The crash involved high-speed trains that collided “head-on,” Odisha’s director of fire and emergency services, Sudhanshu Sarangi, said, calling it “a major, major tragedy.”

“Psychologically, we were not prepared to see so many dead bodies,” said Sarangi, who was supervising the rescue operation. More than 300 rescue workers were involved in the search, “but then as our evening progressed … we were not really hopeful of finding survivors,” he said.

The disaster unfolded around 7 p.m. local time Friday, when the Coromandel Express, which was ferrying passengers from Howrah to Chennai on India’s eastern coast, derailed and hit a freight train near the Bahanaga Bazar station in Balasore, a district in Odisha. Soon after the initial crash, the Superfast Express running from Bangalore to Howrah with roughly 1,000 passengers crashed into the other two trains, according to Aditya Kumar Chaudhary, a spokesman for the South Eastern Railway zone.

By Saturday evening local time, the death toll had reached 288, Chaudhary said, adding that 17 passenger compartments had derailed and were severely damaged.

Photographs and video from the wreckage site showed overturned train cars. Witnesses said people converged at the scene and tried to pull survivors from the mounds of mangled steel as emergency alarms sounded and the injured cried out for help.

A medical officer at Balasore District Hospital said Saturday afternoon that 1,053 people had been brought to the facility, 183 of them already dead. Fifty-five died at the hospital, he said.

“I have never seen something like this in my life. This is the first time we have received so many patients,” D. Jagatdeo said by phone from his office, where he had been stationed since the previous night.

Martin Coppens

By Martine Coppens

Chris Licht has been demoted at CNN. He’s the moron who decided to give a platform to Donald Trump at a so-called “town hall” with an audience of MAGA fanatics. It was a disaster. CNN got great ratings for the “town hall,” but after that the MAGA folks went back to Fox News, and normal people turned off CNN.

There’s a very long article at The Atlantic by Tim Alberta about this: Inside the Meltdown at CNN: CEO Chris Licht felt he was on a mission to restore the network’s reputation for serious journalism. How did it all go wrong?

I stopped reading after awhile, because I felt I didn’t need to know all the details. You can read it at the Atlantic, or you can just read this summary of the situation at Mediaite: CNN’s Licht Faces Wave of Tough Reporting in Wake of Executive Shakeup.

A series of tough headlines are hitting CNN CEO Chris Licht. First, Mediaite reported Thursday on the appointment of a new executive to take over business operations at CNN in a move seen as a rescue operation for the network leader. Then, The Atlantic dropped a tough cover story on the network chief, and Dylan Byers of Puck News reported Licht faces serious headwinds.

Byers, who used to work for CNN, said in the Puck newsletter on Friday that confidence in Licht has “wavered considerably” following the appointing of David Leavy – chief corporate affairs officer at Warner Bros. Discovery – to now handle the business side.

The revelation of Leavy’s appointment as COO was first reported by Mediaite’s Colby Hall, who followed up with a piece spelling out what this means for Licht and CNN.

“There’s no way they would put David Leavy down into CNN to work for Chris Licht,” one industry insider told Mediaite. “He’s too important to Zaslav to take what on paper sounds like a demotion. It sure sounds like he’s taking one for the team.”

The Puck reporting came hours after The Atlantic also published a lengthy and not exactly flattering profile of Licht’s tenure at CNN, which has seen precipitous ratings declines since Licht replaced former chief Jeff Zucker.

I hope CNN will get back on track, but they’ve lost a lot of viewers. The simple truth is that CNN is never going to be able to compete with Fox News for the Republican audience.

Cats Dancing, Headstand

Cats Dancing, Headstand, by Louis Wain

Daknikat sent me this creepy story from The Guardian: Amazon and Google fund anti-abortion lawmakers through complex shell game.

As North Carolina’s 12-week abortion ban is due to come into effect on 1 July, an analysis from the non-profit Center for Political Accountability (CPA) shows several major corporations donated large sums to a Republican political organization which in turn funded groups working to elect anti-abortion state legislators.

The Republican State Leadership Committee (RSLC) received donations of tens of thousands of dollars each from corporations including Comcast, Intuit, Wells Fargo, Amazon, Bank of America and Google last year, the CPA’s analysis of IRS filings shows. The contributions were made in the months after Politico published a leaked supreme court decision indicating that the court would end the right to nationwide abortion access.

Google contributed $45,000 to the RSLC after the leak of the draft decision, according to the CPA’s review of the tax filings. Others contributed even more in the months after the leak, including Amazon ($50,000), Intuit ($100,000) and Comcast ($147,000).

Google, Amazon, Comcast, Wells Fargo and Bank of America did not respond to requests for comment. An Intuit spokesperson pointed out that the company also donates to Democratic political organizations, and that “our financial support does not indicate a full endorsement of every position taken by an individual policymaker or organization.

That is sickening. I guess this all goes back to the SCOTUS’ Citizens United decision.

Martine Coppens

By Martine Coppens

Here’s an interesting development in the book banning craze. Now they are banning the Bible in Utah. Associated Press: Utah district bans Bible in elementary and middle schools ‘due to vulgarity or violence.’

The Good Book is being treated like a bad book in Utah after a parent frustrated by efforts to ban materials from schools convinced a suburban district that some Bible verses were too vulgar or violent for younger children.

And the Book of Mormon could be next.

The 72,000-student Davis School District north of Salt Lake City removed the Bible from its elementary and middle schools while keeping it in high schools after a committee reviewed the scripture in response to a parental complaint. The district has removed other titles, including Sherman Alexie’s “The Absolutely True Diary of a Part-Time Indian” and John Green’s “Looking for Alaska,” following a 2022 state law requiring districts to include parents in decisions over what constitutes “sensitive material.”

On Friday, a complaint was submitted about the signature scripture of the predominant faith in Utah, The Church of Jesus Christ of Latter-day Saints, widely known as the Mormon church. District spokesperson Chris Williams confirmed that someone filed a review request for the Book of Mormon but would not say what reasons were listed. Citing a school board privacy policy, he also would not say whether it was from the same person who complained about the Bible….

Williams said the district doesn’t differentiate between requests to review books and doesn’t consider whether complaints may be submitted as satire. The reviews are handled by a committee made up of teachers, parents and administrators in the largely conservative community.

The committee published its decision about the Bible in an online database of review requests and did not elaborate on its reasoning or which passages it found overly violent or vulgar.

The decision comes as conservative parent activists, including state-based chapters of the group Parents United, descend on school boards and statehouses throughout the United States, sowing alarm about how sex and violence are talked about in schools.

Cat dance

Cat Dance, artist unknown

Finally, The New York Times has a new story on the Trump stolen documents investigation: Trump Lawyer’s Notes Could Be a Key in the Classified Documents Inquiry.

Turning on his iPhone one day last year, the lawyer M. Evan Corcoran recorded his reflections about a high-profile new job: representing former President Donald J. Trump inst an investigation into his handling of classified documents.

In complete sentences and a narrative tone that sounded as if it had been ripped from a novel, Mr. Corcoran recounted in detail a nearly monthlong period of the documents investigation, according to two people familiar with the matter.

Mr. Corcoran’s narration of his recollections covered his initial meeting with Mr. Trump in May last year to discuss a subpoena from the Justice Department seeking the return of all classified materials in the former president’s possession, the people said.

It also encompassed a search that Mr. Corcoran undertook last June in response to the subpoena for any relevant records being kept at Mar-a-Lago, Mr. Trump’s private club and residence in Florida. He carried out the search in preparation for a visit by prosecutors, who were on their way to enforce the subpoena and collect any sensitive material found remaining there.

Government investigators almost never obtain a clear lens into a lawyer’s private dealings with their clients, let alone with such a prominent one as Mr. Trump. A recording like the voice memo Mr. Corcoran made last year — during a long drive to a family event, according to two people briefed on the recording — is typically shielded by attorney-client or work-product privilege.

But in March, a federal judge ordered Mr. Corcoran’s recorded recollections — now transcribed onto dozens of pages — to be given to the office of the special counsel Jack Smith, who is leading the documents investigation.

The decision by the judge, Beryl A. Howell, pierced the privilege that would have normally protected Mr. Corcoran’s musings about his interactions with Mr. Trump. Those protections were set aside under what is known as the crime-fraud exception, a provision that allows prosecutors to work around attorney-client privilege if they have reason to believe that legal advice or legal services were used in furthering a crime.

Read more details at the link.

That’s it for me today. I hope you have a peaceful Caturday.


Thursday Reads: Drip, Drip, Drip

The Balcony in Vernonnet, 1920, Pierre Bonnard

The Balcony in Vernonnet, 1920, Pierre Bonnard

Good Morning!!

The evidence against Trump keeps coming out bit by bit. Yesterday was a big day for news about the stolen documents case. CNN first broke the news that Trump was caught on tape discussing a classified document that he retained after leaving the White House. Then The New York Times, The Guardian, and The Washington Post added more information to the story.

CNN: EXCLUSIVE: Trump captured on tape talking about classified document he kept after leaving the White House.

Federal prosecutors have obtained an audio recording of a summer 2021 meeting in which former President Donald Trump acknowledges he held onto a classified Pentagon document about a potential attack on Iran, multiple sources told CNN, undercutting his argument that he declassified everything.

The recording indicates Trump understood he retained classified material after leaving the White House, according to multiple sources familiar with the investigation. On the recording, Trump’s comments suggest he would like to share the information but he’s aware of limitations on his ability post-presidency to declassify records, two of the sources said….

Special counsel Jack Smith, who is leading the Justice Department investigation into Trump, has focused on the meeting as part of the criminal investigation into Trump’s handling of national security secrets. Sources describe the recording as an “important” piece of evidence in a possible case against Trump, who has repeatedly asserted he could retain presidential records and “automatically” declassify documents.

Prosecutors have asked witnesses about the recording and the document before a federal grand jury. The episode has generated enough interest for investigators to have questioned Gen. Mark Milley, one of the highest-ranking Trump-era national security officials, about the incident.

Ramo de gladiolos, lirios y margaritas (1878), Claude Monet

Ramo de gladiolos, lirios y margaritas (1878), Claude Monet

It’s interesting and significant that the meeting at which Trump talked about the document was at his Bedminster golf club in New Jersey. The incident took place at a meeting with two ghost writers who were working on Mark Meadows’ autobiography. Other attendees were “communications specialist” Margo Martin, and other Trump aides. It appears that Martin may be the source of the recording.

Back to the CNN story:

Meadows’ autobiography includes an account of what appears to be the same meeting, during which Trump “recalls a four-page report typed up by (Trump’s former chairman of the Joint Chiefs of Staff) Mark Milley himself. It contained the general’s own plan to attack Iran, deploying massive numbers of troops, something he urged President Trump to do more than once during his presidency.”

The document Trump references was not produced by Milley, CNN was told….

The meeting in which Trump discussed the Iran document with others happened shortly after The New Yorker published a story by Susan Glasser detailing how, in the final days of Trump’s presidency, Milley instructed the Joint Chiefs to ensure Trump issued no illegal orders and that he be informed if there was any concern. The story infuriated Trump.

Glasser reported that in the months following the election, Milley repeatedly argued against striking Iran and was concerned Trump “might set in motion a full-scale conflict that was not justified.” Milley and others talked Trump out of taking such a drastic action, according to the New Yorker story.

Glasser reported that in the months following the election, Milley repeatedly argued against striking Iran and was concerned Trump “might set in motion a full-scale conflict that was not justified.” Milley and others talked Trump out of taking such a drastic action, according to the New Yorker story.

Trump appeared to be holding the secret document he was describing because the recording picked up the “sound of paper rustling.” Even if he didn’t show it to the others, he never should have had the document in an unsecured meeting room with people without security clearances.

Some observers were wondering if Trump could be charged with espionage if this recording is “top secret,” because then it might not be able to be used in court. But Hugh Lowell reports at The Guardian that it is only classified as  “secret”: Trump regretted not declassifying retained military document in recording.

The document at issue is understood to be classified as “secret” – significant as the justice department typically prefers to charge espionage cases involving retention of materials at that level, rather than “top secret” papers that might be too sensitive or “confidential” papers that are too low.

The recording was made at Trump’s Bedminster golf club in July 2021, when the former president met with people helping his former chief of staff Mark Meadows write a book, by his aide Margo Martin who regularly taped conversations with authors to ensure they accurately recounted his remarks.

Apple Tree In Blossom, 1898c, Carl Larsson (Swedish 1853-1919

Apple Tree In Blossom, 1898c, Carl Larsson (Swedish 1853-1919

For several minutes of the audio recording, the sources said, Trump talks about how he cannot discuss the document because he no longer possesses the sweeping presidential power to declassify now out of office, but suggests that he should have done so when he was still in the White House.

But the previously unreported suggestion that he should have declassified the document presents a potentially perilous moment, as it indicates Trump knew that he had retained material which remained sensitive to national security – as well as the limitations on discussing it with unauthorized people. CNN earlier reported that prosecutors had the recording.

Prosecutors in the office of special counsel Jack Smith appear to have obtained the recording around March, as the criminal investigation targeting Trump intensified and numerous Trump aides were subpoenaed to testify before the federal grand jury hearing evidence in the case in Washington.

The tape was played to multiple witnesses, including Martin, when she testified in mid-March after having her laptop and phones imaged by prosecutors, the sources said. The first time the Trump lawyers learned about the tape was after Martin testified, one of the sources said.

As I suggested earlier, it appears that Martin’s laptop was the source of the recording. The New York Times also reported that Martin attended the meeting and doesn’t quite claim she is the source, but it seems pretty likely, since prosecutors had her laptop. A bit more from The New York Times story:

Bouquet de Mimosa sur la Table 1938, Édouard Vuillard

Bouquet de Mimosa sur la Table 1938, Édouard Vuillard

In an interview with CNN on Wednesday night, James Trusty, a lawyer representing Mr. Trump in the case, indicated that the former president was taking the position that he had declassified the material he took with him upon leaving office.

“When he left for Mar-a-Lago with boxes of documents that other people packed for him that he brought, he was the commander in chief,” Mr. Trusty said. “There is no doubt that he has the constitutional authority as commander in chief to declassify.”

Mr. Trusty said officials could prove that Mr. Trump had declassified material. But when pressed on whether Mr. Trump had declassified the document in question at the Bedminster meeting, Mr. Trusty declined to say.

That’s pretty weak.

Here’s The Washington Post story, which you can read if you’re interested. It’s mostly a recap of the other reports and background on the investigation: Prosecutors have recording of Trump discussing sensitive Iran document.

One more Trump stolen document investigation story from The New York Times: Prosecutors Scrutinize Handling of Security Footage by Trump Aides in Documents Case.

For the past six months, prosecutors working for the special counsel Jack Smith have sought to determine whether former President Donald J. Trump obstructed the government’s efforts to retrieve a trove of classified documents he took from the White House.

More recently, investigators also appear to be pursuing a related question: whether Mr. Trump and some of his aides sought to interfere with the government’s attempt to obtain security camera footage from Mar-a-Lago that could shed light on how those documents were stored and who had access to them.

The search for answers on this second issue has taken investigators deep into the bowels of Mar-a-Lago, Mr. Trump’s private club and residence in Florida, as they pose questions to an expanding cast of low-level workers at the compound, according to people familiar with the matter. Some of the workers played a role in either securing boxes of material in a storage room at Mar-a-Lago or maintaining video footage from a security camera that was mounted outside the room.

Two weeks ago, the latest of these employees, an information technology worker named Yuscil Taveras, appeared before a grand jury in Washington, according to two people familiar with the matter.

Girl in a Garden, Henri LebasqueSo now we know the name of the aide who helped Walt Nauta move the boxes around.

Mr. Taveras was asked questions about his dealings with two other Trump employees: Walt Nauta, a longtime aide to Mr. Trump who served as one of his valets in the White House, and Carlos Deoliveira, described by one person familiar with the events as the head of maintenance at Mar-a-Lago.

Phone records show that Mr. Deoliveira called Mr. Taveras last summer, and prosecutors wanted to know why. The call caught the government’s attention because it was placed shortly after prosecutors issued a subpoena to Mr. Trump’s company, the Trump Organization, demanding the footage from the surveillance camera near the storage room.

The call also occurred just weeks after Mr. Deoliveira helped Mr. Nauta move boxes of documents into the storage room — the same room that Mr. Deoliveira at one point fitted with a lock. The movement of the boxes into the room took place at another key moment: on the day before prosecutors descended on Mar-a-Lago for a meeting with Mr. Trump’s lawyers intended to get him to comply with a demand to return all classified documents.

The Trump Organization ultimately turned over the surveillance tapes, but Mr. Smith’s prosecutors appear to be scrutinizing whether someone in Mr. Trump’s orbit tried to limit the amount of footage produced to the government.

They asked Mr. Taveras an open-ended question about if anyone had queried him about whether footage from the surveillance system could be deleted.

The Times doesn’t know what Taveras told the grand jury. Read more at the link.

Today, Hugo Lowell has another story at The Guardian on the turmoil among Trump’s many lawyers: Months of distrust inside Trump legal team led to top lawyer’s departure. And get this: Lowell learned all this because he was sitting at the next table in a restaurant.

Donald Trump’s legal team for months has weathered deep distrust and interpersonal conflict that could undermine its defense of the former president as the criminal investigation into his handling of classified documents and obstruction of justice at Mar-a-Lago nears its conclusion.

The turmoil inside the legal team only exploded into public view when one of the top lawyers, Tim Parlatore, abruptly resigned two weeks’ ago from the representation citing irreconcilable differences with Trump’s senior adviser and in-house counsel Boris Epshteyn.

But the departure of Parlatore was the culmination of months of simmering tensions that continue to threaten the effectiveness of the legal team at a crucial time – as federal prosecutors weigh criminal charges – in part because the interpersonal conflicts remain largely unresolved.

It also comes as multiple Trump lawyers are embroiled in numerous criminal investigations targeting the former president: Epshteyn was recently interviewed by the special counsel, while Parlatore and Trump lawyer Evan Corcoran testified to the grand jury in the classified documents inquiry.

The turmoil has revolved around hostility among the lawyers on the legal team who have come to distrust each other as well as their hostility directed at Epshteyn, over what they regard as his oversight of the legal work and gatekeeping direct access to the former president.

In one instance, the clashes became so acute that some of the lawyers agreed to a so-called “murder-suicide” pact where if Parlatore got fired, others would resign in solidarity. And as some of the lawyers tried to exclude Epshteyn, they withheld information from co-counsel who they suspected might brief him.

Read all the details at The Guardian link.

So . . . that’s the latest on just one of the Trump investigations. Will we learn more today? Drip, drip, drip.


Tuesday Long Reads

Good Day, Sky Dancers!!

I have three excellent long reads for you today. They are each very long, but well worth perusing.

First up, a story about a family breaking away from a long tradition of Christian home schooling.

Peter Jamison at The Washington Post: The revolt of the Christian home-schoolers.

ROUND HILL, Va. — They said goodbye to Aimee outside her elementary school, watching nervously as she joined the other children streaming into a low brick building framed by the foothills of the Blue Ridge Mountains. Christina and Aaron Beall stood among many families resuming an emotional but familiar routine: the first day of full-time,in-person classes since public schools closed at the beginning of the pandemic.

incomprehensible to the parents around them. Their 6-year-old daughter, wearing a sequined blue dress and a pink backpack that almost obscured her small body, hesitated as she reached the doors. Although Aaron had told her again and again how brave she was, he knewit would be years before she understood how much he meant it — understood that for her mother and father, the decision to send her to school was nothing less than a revolt.

Aaron and Christina had never attended school when they were children. Until a few days earlier, when Round Hill Elementary held a back-to-school open house, they had rarely set foot inside a school building. Both had been raised to believe that public schools were tools of a demonic social order, government “indoctrination camps” devoted to the propagation of lies and the subversion of Christian families.

At a time when home education was still a fringe phenomenon, the Bealls had grown up in the most powerful and ideologically committed faction of the modern home-schooling movement. That movement, led by deeply conservative Christians, saw home schooling as a way of life — a conscious rejection of contemporary ideas about biology, history, gender equality and the role of religion in American government.

Christina and Aaron were supposed to advance the banner of that movement, instilling its codes in their children through the same forms of corporal punishment once inflicted upon them. Yet instead, along with many others of their age and upbringing, they had walked away.

The Bealls2Jamison describes how right wing Christians have used home schooling to indoctrinate their children and tie them to their religious beliefs.

Among conservative Christians, home schooling became a tool for binding children to fundamentalist beliefs they felt were threatened by exposure to other points of view. Rightly educated, those children would grow into what HSLDA founder Michael Farris called a “Joshua Generation” that would seek the political power and cultural influence to reshape America according to biblical principles.

Home schooling today is more diverse, demographically and ideologically, than it was in the heyday of conservative Christian activism. Yet those activists remain extraordinarily influential.

Over decades, they have eroded state regulations, ensuring that parents who home-school face little oversight in much of the country.More recently, they have inflamed the nation’s culture wars, fueling attacks on public-school lessonsabout race and gender with the politically potent language of “parental rights.”

But now younger generations are rebelling.

Former home-schoolers have been at the forefront of those arguing for greater oversight of home schooling, forming the nonprofit Coalition for Responsible Home Education to make their case.

“As an adult I can say, ‘No. What happened to me as a child was wrong,’” said Samantha Field, the coalition’s government relations director.

More about Christina and Aaron Beall:

Christina, 34, and Aaron, 37, had joined no coalitions.They had published no memoirs. Their rebellion played out in angry text messages and emails with their parents, in tense conversations conducted at the edges of birthday parties and Easter gatherings. Their own children — four of them, including Aimee — knew little of their reasons for abandoning home schooling: the physical and emotional trauma of the “biblical discipline” to which they had been subjected, the regrets over what Aaron called “a life robbed” by strictures on what and how they learned.

Aaron had grown up believing Christians could out-populate atheists and Muslims by scorning birth control; Christina had been taught the Bible-based arithmetic necessary to calculate the age of a universe less than 8,000 years old. Their education was one in which dinosaurs were herdedaboard Noah’s ark — and in which the penalty for doubt or disobedience was swift. Sometimes they still flinched when they remembered their parents’ literal adherence to the words of the Old Testament: “Do not withhold correction from a child, for if you beat him with a rod, he will not die.”

The Bealls knew that many home-schooling families didn’t share the religious doctrines that had so warped their own lives. But they also knew that the same laws that had failed to protect them would continue to fail other children.

“It’s specifically a system that is set up to hide the abuse, to make them invisible, to strip them of any capability of getting help. And not just in a physical way,” Christina said. “At some point, you become so mentally imprisoned you don’t even realize you need help.”

I’ve quoted a lot, but there is much more to this fascinating story. Much of it was new to me, although I was not completely surprised. I hope you will check it out.

Next up a story about infighting among Trump’s many lawyers. 

Jose Pagliary at The Daily Beast: Trump’s Lawyers Start to Wonder if One Could Be a Snitch.

With three anticipated indictments, two ongoing court cases, and an ever-expanding cadre of lawyers, former President Donald Trump is at a critical juncture—and yet his legal advisers are starting to turn on each other.

According to five sources with direct knowledge of the situation, clashing personalities and the increasing outside threat of law enforcement has sown deep divisions that have only worsened in recent months. The internal bickering has already sparked one departure in recent weeks—and that could be just the beginning.

As Trump’s legal troubles keep growing—with criminal and civil investigations in New York City, Washington, and Atlanta—so too does the unwieldy band of attorneys who simply can’t get along.

The cast of characters includes an accused meddler who has Trump’s ear, a young attorney who lawyers on the team suggested is only there because the former president likes the way she looks, and a celebrity lawyer who’s increasingly viewed with disdain. Worst of all, now that federal investigators have turned the interrogation spotlight on some of Trump’s lawyers themselves, defense attorneys on the team seem to be questioning whether their colleagues may actually turn into snitches.

“There’s a lot of lawyers and a lot of jealousy,” said one person on Trump’s legal team, explaining that the sheer number of lawyers protecting a single man accused of so many crimes is without parallel.

At the center of the controversy is Boris Epshteyn, who has been in Trump’s orbit since 2016 and now is so close to Trump that he’s been compared to a presidential chief of staff.

Part of the concern over lawyers turning on each other is due to the fact that the Department of Justice already has one Trump attorney’s professional notes, which could position him as a future witness against his own client, and the DOJ has another lawyer who said too much in an unrelated case and has positioned herself as yet another potential witness against her client.

But much of the anger from Trump’s lawyers is directed at the former president’s right-hand man, Boris Epshteyn, who’s accused of running interference on certain legal advice from more experienced courtroom gladiators.

220122132130-boris-epshteyn-2019-file-super-tease

Boris Epshteyn

Epshteyn, who’s a lawyer himself, has risen through the ranks in Trumpworld over the years, first as an adviser for Trump’s 2016 campaign, then as a more senior adviser for 2020, and now part of Trump’s innermost circle for 2024.

Ephsteyn seems to have the former president’s supreme confidence, with what’s described as a final say on all matters related to public relations and legal issues. But there’s snickering in the shadows. Several sources ridiculed the way Ephsteyn refers to himself as “in-house counsel”—normally a term for a company’s corporate attorney—noting how it echoes the way John Gotti’s mafia lawyer used to describe his services for the infamous Gambino crime family.

Epshteyn’s meddling has particularly affected the lawyers working to defend Trump from Department of Justice Special Counsel Jack Smith and his investigation into whether the former president broke the law when he took top secret documents on his way out of the White House in January 2021 and hoarded them at Mar-a-Lago.

Another complication is there are separate groups of lawyers working on different cases in Georgia, New York, and Washington DC.

The Manhattan District Attorney’s Office, which indicted Trump in March for faking business records, is about to dump thousands of documents of evidence on defense lawyers Todd Blanche, Susan Necheles, and Joe Tacopina—who aren’t allowed to freely share those documents with the former president. They may even have to fight Trump to prevent him from stupidly posting sensitive details on social media.

The DA’s prosecutors are already trying to fracture Trump’s legal team by attempting to disqualify Tacopina and make him seem like a weak link, because he has a tenuous connection to a key witness in the case, the porn star Stormy Daniels whose hush money payment Trump tried to hide while running for president back in 2016.

Meanwhile, defense attorneys Alina Habba and Christopher Kise are gearing up for a civil trial in October against the New York Attorney General, who seeks to bleed the Trump Organization dry and destroy Trump’s ability to do conduct business in the financial capital of the world by holding him personally liable for bank and insurance fraud.

In Georgia, the defense lawyers Drew Findling, Melissa Goldberg, and Jennifer L. Little are preparing for the Fulton County District Attorney to indict Trump in July or August over the way he intimidated the state’s top elections official in 2021 while trying to overturn his loss there—a recorded phone call where he was advised by yet other lawyers he trusted.

And an entirely different team of lawyers split up between the nation’s capital and his oceanside Florida estate—former federal prosecutors M. Evan Corcoran, John P. Rowley, and Jim Trusty up north and Halligan down south—are gearing up for two different fights with the Department of Justice.

Again, I’ve quote quite a bit, but there is much much more to this story.

The third long read is from Marcy Wheeler at Emptywheel. It’s about the media’s failure to include Trump’s many legal problems in their analysis of his chances at winning the nomination in 2024.

Marcy Wheeler at Emptywheel: All GOP Horserace Analysis is Useless without Consideration of Possible Indictments. 

Wheeler specifically responds to a NYT story that completely ignores the possibly effects of likely Trump indictments.

The NYT did a 3-byline 1,700-word story describing how the number of minor Republican candidates joining the race serves Trump’s purpose.

Its analysis of the numbers and Ron DeSantis’ early failures isn’t bad. But because it is silent about how the expanding field might play in the likelihood of Trump indictments, it is entirely worthless.

For example, the content and timing of indictments may have an utterly central impact on the two dynamics described in the piece: Trump’s diehard base and the unwillingness of others in the party to criticize Trump directly.

The rapidly ballooning field, combined with Mr. Trump’s seemingly unbreakable core of support, represents a grave threat to Mr. DeSantis, imperiling his ability to consolidate the non-Trump vote, and could mirror the dynamics that powered Mr. Trump’s takeover of the party in 2016.

It’s a matter of math: Each new entrant threatens to steal a small piece of Mr. DeSantis’s potential coalition — whether it be Mr. Pence with Iowa evangelicals or Mr. Scott with college-educated suburbanites. And these new candidates are unlikely to eat into Mr. Trump’s votes. The former president’s base — more than 30 percent of Republicans — remains strongly devoted to him.

[snip]

The reluctance to go after Mr. Trump, for many Republicans, feels eerily like a repeat of 2016. Then, Mr. Trump’s rivals left him mostly alone for months, assuming that he would implode or that they were destined to beat him the moment they could narrow the field to a one-on-one matchup, a situation that never transpired.

Consider how each of three legal risks (and these are only the most obvious) might affect these issues. This post builds on this series I did last month:

Wheeler then considers each of these investigations and how they could effect the GOP race and likely increase the number of competitors.

The rest is too difficult for me to excerpt, so I recommend reading it at Emptywheel. If only we had a better media!

More interesting stories to check out:

Hugo Lowell at The Guardian: Trump lawyer said to have been waved off searching office for secret records.

Jennifer Rubin at The Washington Post: Biden’s underrated deal-making prowess strikes again.

Stacy Mitchell at The New York Times: The Real Reason Your Groceries Are Getting So Expensive.

NBC News: Drones strike Moscow in first attack on Russian capital’s residential areas since Ukraine war began.

BBC News: Moscow drone attack: Putin says Ukraine trying to frighten Russians.

Geraldo Cordava at The New Yorker: The Rise of Latino White Supremacy.

Politico: Student loan payment pause nixed in debt limit agreement.

I hope you find something here to interest you. Have a great Tuesday everyone!!