Former president Donald Trump asked one of his lawyers to tell the National Archives and Records Administration in early 2022 that Trump had returned all materials requested by the agency, but the lawyer declined because he was not sure the statement was true, according to people familiar with the matter.
As it turned out, thousands more government documents — including some highly classified secrets — remained at Trump’s Mar-a-Lago residence and private club….
Alex Cannon, an attorney for Trump, had facilitated the January transfer of 15 boxes of presidential records from Mar-a-Lago to the National Archives, after archives officials agitated for more than a year to get “all original presidential records” back, which they are required by law to do. Following months of stonewalling by Trump’s representatives, archives officials threatened to get the Justice Department or Congress involved.
Trump himself eventually packed the boxes that were returned in January, people familiar with the matter said. The former president seemed determined in February to declare that all material sought by the archives had been handed over, said the people, who like others interviewed for this article spoke on the condition of anonymity to discuss internal conversations.
Around the same time The Washington Post reported that the archives had retrieved documents from Mar-a-Lago, the people said, Trump asked his team to release a statement he had dictated. The statement said Trump had returned “everything” the archives had requested. Trump asked Cannon to send a similar message to archives officials, the people said. In addition, the former president told his aides that the documents in the boxes were “newspaper clippings” and not relevant to the archives, two of these people said, and complained that the agency charged with tracking government records was being persnickety about securing the materials from his Florida club.
But Cannon, a former Trump Organization lawyer who worked for the campaign and for Trump after the presidency, told Trump he could not tell the archives all the requested material had been returned. He told others he was not sure if other documents were still at the club and would be uncomfortable making such a claim, the people familiar with the matter said. Other Trump advisers also encouraged Cannon not to make such a definitive statement, people familiar with the matter said.
The Feb. 7 statement Trump dictated was never released over concerns by some of his team that it was not accurate, people familiar with the matter said. A different statement issued three days later said Trump had given boxes of materials to the archives in a “friendly” manner. It did not say that all of the materials were handed over.
Lazy Caturday Reads
Posted: October 8, 2022 Filed under: caturday, Donald Trump | Tags: Christopher Kise, Crimea, DOJ, fake heiress, Inna Yashchyshyn, John Solomon, Mar-a-Lago, National Archives, Russia, Russia investigation, special master, Trump stolen documents, Trump Tower, Ukraine, Valeriy Tarasenko 27 Comments
By Emanuele Cavalli (1904-1981)
Happy Caturday!!
Even though we are heading into a 3-day weekend, there is a surprising amount of news today. I’m going to focus on the following stories: Ukraine’s destruction of a bridge that is vital to Russian supply routes; New developments in the Trump stolen documents saga; and someshocking news on that Russian-speaking Ukrainian woman who infiltrated Mar-a-Lago awhile back.
Ukraine War News
CNN: Massive blast cripples parts of Crimea-Russia bridge, in blow to Putin’s war effort.
In a major blow for Russian President Vladimir Putin, a huge explosion has severely damaged the only bridge connecting the annexed Crimean peninsula with the Russian mainland, paralyzing a key supply route for Moscow’s faltering war in Ukraine.
The blast early Saturday caused parts of the Kerch Strait road and rail bridge – opened by Putin himself in 2018 – to collapse, images and video from the scene showed. At least three people were killed in the explosion, Russian officials said, citing preliminary information.
The exact cause of the blast at Europe’s longest bridge is yet to be confirmed. Russian officials said a truck exploded, causing Crimea-bound sections ofthe bridge’s road portion to collapse. A subsequent fire engulfed a train of fuel tanks on a separate, adjacent rail portion of the bridge.
Putin ordered a “government commission” to examine the Kerch bridge “emergency” in Crimea, Russian state media TASS reported.
An official in Crimea blamed “Ukrainian vandals” for the explosion. Some Ukrainian officials gloated over the incident without directly claiming responsibility – even announcing commemorative stamps will be made. Russian Foreign Ministry spokeswoman Maria Zakharova said that “the reaction of the Kyiv regime to the destruction of civilian infrastructure testifies to its terrorist nature.”
On the strategic importance of the bridge:
Kees van Dongen, The Concierge de la Villa Said, 1917
The damage to the road bridge appears to be severe, with the part of the bridge that carries westbound road traffic crippled in at least two places. The damage to the rail link where fuel tanks caught fire is unclear.
The bridge is strategically important because it links Russia’s Krasnodar region with the Crimean peninsula, which was annexed by Russia from Ukraine in 2014 in a move condemned by the international community.
It is a critical artery for supplying Crimea with both its daily needs and supplies for the military. Over the last few months, dozens of Russian military convoys have used the bridge, carrying vehicles, armor and fuel.
If the Russian military can’t use the bridge, its supply lines to forces in southern Ukraine would become more tenuous, especially when combined with Ukrainian advances southwards into Kherson region, north of Crimea.
Trump Stolen Documents News
Rolling Stone: Justice Department Asking if Trump Stashed Documents in Trump Tower.
FEDERAL INVESTIGATORS HAVE asked multiple witnesses if they knew whether Donald Trump had stashed any highly sensitive government documents at Trump Tower in Manhattan or at his private club in Bedminster, New Jersey, a person familiar with the matter and another source briefed on the situation tell Rolling Stone.
The FBI, according to these sources, had also asked in recent months whether the ex-president had a habit of transporting classified documents from his Florida estate Mar-a-Lago to the other Trump properties. The feds specifically discussed both the New York City and Bedminster locations with certain witnesses.
“It was obvious they wanted to know if this went beyond just Mar-a-Lago,” the first source says….
On Thursday, The New York Times reported that the Justice Department informed Trump’s legal team it believes the former president may have taken more documents than the ones the FBI returned to the National Archives after its August Mar-a-Lago search. Trump attorney Christopher Kise reportedly suggested that the former president voluntarily conduct a search for any further missing documents at another unnamed Trump property, according to the Times.
The FBI has been quietly interviewing a number of former Trump associates as part of its inquiry into his retention of classified documents….
The increased law enforcement scrutiny since the FBI search of Mar-a-Lago has prompted Trump to wonder aloud who in his circle could be helping the Justice Department’s investigation. In exchange with associates, Trump has asked whether anyone in MAGA world could be “wearing a wire” or if his phones are “tapped.” In private, associates of the former president told Rolling Stone that Trump remains focused on getting back “all” of the documents — even classified ones — taken by the FBI back, referring to them as “mine.”
Maggie Haberman and Michael Schmidt at The New York Times: How Trump Deflected Demands for Documents, Enmeshing Aides.
Late last year, as the National Archives ratcheted up the pressure on former President Donald J. Trump to return boxes of records he had taken from the White House to his Mar-a-Lago club, he came up with an idea to resolve the looming showdown: cut a deal.
By Li Gui Jun
Mr. Trump, still determined to show he had been wronged by the F.B.I. investigation into his 2016 campaign’s ties to Russia, was angry with the National Archives and Records Administration for its unwillingness to hand over a batch of sensitive documents that he thought proved his claims.
In exchange for those documents, Mr. Trump told advisers, he would return to the National Archives the boxes of material he had taken to Mar-a-Lago, in Palm Beach, Fla.
Mr. Trump’s aides never pursued the idea. But the episode is one in a series that demonstrates how Mr. Trump spent a year and a half deflecting, delaying and sometimes leading aides to dissemble when it came to demands from the National Archives and ultimately the Justice Department to return the material he had taken, interviews and documents show.
That pattern was strikingly similar to how Mr. Trump confronted inquiries into his conduct while in office: entertain or promote outlandish ideas, eschew the advice of lawyers and mislead them, then push lawyers and aides to impede investigators.
In the process, some of his lawyers have increased their own legal exposure and had to hire lawyers themselves. And Mr. Trump has ended up in the middle of an investigation into his handling of the documents that has led the Justice Department to seek evidence of obstruction.
Read the rest at the NYT.
Mike Levine and Kathrine Faulders at ABC News: On Trump’s last day in office, why were sensitive documents allegedly in such disarray?
At the end of Donald Trump’s presidency, his team returned a large batch of classified FBI documents and other government records to the Justice Department in such disarray that a year later — in a letter to lawmakers — the department said it still couldn’t tell which of the documents were the classified ones.
The documents came from the FBI’s controversial probe in 2016 looking at alleged links between Russia and Trump’s presidential campaign. Trump tried to make the documents public the night before he left office, issuing a “declassification” memo and secretly meeting with conservative writer John Solomon, who was allowed to review the documents, Solomon told ABC News this past week.
‘Tiptoes the Mischievous Kitten’, illustrated by P. B. Hickling
But for reasons that are still not clear – and to the great frustration of Trump and his political allies – none of the documents were ever officially released, and the Justice Department said Thursday it’s still working to determine which documents can be disclosed….
Much of what happened with the documents in those last days of the Trump administration — and ever since — remains shrouded in mystery because current and former government officials involved have refused to speak about it, especially now that the FBI is pursuing its investigation into Trump’s alleged mishandling of a separate cache of classified documents.
The story that still emerges, though, from pieces of public statements and Solomon’s own accounts is one that sheds further light on how Trump’s White House treated certain government secrets. And it helps explain how – in the midst of the FBI probe – Solomon became one of Trump’s official “representatives” to the National Archives.
There’s much more at the ABC link.
A rift has opened in Donald Trump’s legal team over how to respond to Mar-a-Lago classified documents case, The New York Times reported.
According to the Times, the rift was prompted by the Department of Justice telling Trump’s team it believes he still possesses government records, even after the FBI raid in August which seized hundreds of files from his home.
Two sources told The Times that attorney Christopher Kise put himself at odds wth Trump by advocating creating a “forensics team” of independent investigators to meticulously inspect whether Trump has any further records.
Per The Times, Trump was initially open to the idea, the report said, but was later persuaded by other attorneys to take a more aggressive approach, leading to Kise being sidelined.
Hugo Lowell at The Guardian: Donald Trump seeks to withhold two folders seized at Mar-a-Lago.
Donald Trump is seeking to withhold from the justice department two folders marked as containing correspondence with the National Archives and signing sheets that the FBI seized from his Mar-a-Lago resort, according to court filings in the special master review of the confiscated documents.
The former US president’s privilege assertions over the folders, which appear to have direct relevance to the criminal investigation into whether he retained national defense information and obstructed justice, are significant as they represent an effort to exclude the items from the inquiry and keep them confidential.
Barbara Perrine Chu, Woman with Two Cats
Most notably, Trump asserted privilege over the contents of one red folder marked as containing “NARA letters and other copies” and a second, manilla folder marked as containing “NARA letters one top sheet + 3 signing sheets”, a review of the court filings indicated.
The former president also asserted privilege over 35 pages of documents titled “The President’s Calls” that included the presidential seal in the upper left corner and contained handwritten names, numbers, notes about messages and four blank pages of miscellaneous notes, the filings showed.
Trump additionally also did the same over an unsigned 2017 letter concerning former special counsel Robert Mueller, pages of an email about election fraud lawsuits in Fulton County, Georgia, and deliberations about clemency to a certain “MB”, Ted Suhl and former Illinois governor Rod Blagojevich.
The documents the former president is attempting to withhold from the criminal investigation by asserting some sort of privilege – it was not clear whether he asserted executive or attorney-client privilege over the two folders, for instance – became clear after a Friday ruling by the special master.
Lowell figured out which documents Trump was claiming privilege on by comparing the document numbers in the latest filing with another filing that was briefly unsealed and obtained by Zoe Tillman of Bloomberg News.
News Related to Mysterious Woman Who Infiltrated Mar-a-Lago
Pittsburgh Post-Gazette: Valeriy Tarasenko, associate of fake heiress who wandered Mar-a-Lago and posed with Donald Trump, shot outside Canadian resort.
A close associate of a woman who posed as a member of a famous banking family and spent days at former President Donald Trump’s Mar-a-Lago home was shot Friday in a brazen attack outside a lakeside resort northwest of Montreal, the Canadian paper LaPresse reported.
Quebec provincial police have launched a search for the shooter and other accomplices behind the midday shooting of Valeriy Tarasenko, 44, in the upscale community of Esterel, according to LaPresse. Police said he suffered “significant injuries” but was expected to survive.
Mr. Tarasenko was a former business partner of Inna Yashchyshyn, a Russian-speaking Ukrainian immigrant who gained recent notoriety after an investigation by the Pittsburgh Post-Gazette and the Organized Crime and Corruption Reporting Project in August revealed that she masqueraded as a member of the Rothschild family and went to Mar-a-Lago, where she made inroads in the former president’s inner circle.
In prior interviews with the Post-Gazette, Mr. Tarasenko said that he met with the FBI and turned over a host of documents and photos tied to an investigation into Ms. Yashchyshyn, her trips to the former president’s estate, and businesses she formed – two with Mr. Tarasenko – over the past seven years.
A bit more:
By Holly Warburton
Quebec police said they were trying to “shed some light on the circumstances that led to the injuries of the victim.” But for now, “to protect the investigation, no other detail can be shared.”
Mr. Tarasenko, who was born in Ukraine and raised in Moscow, told the Post-Gazette and OCCRP that he had hired Ms. Yaschyshyn in 2014 to live in his Midtown Miami condo and watch his two daughters while he traveled on business.
But over the past year, the pair had a falling out, with Mr. Tarasenko accusing Ms. Yashchyshyn of abusing his children — allegations that she has vehemently denied.
The shooting is expected to widen the ongoing FBI investigation that includes several interviews with witnesses about a highly suspicious Miami charity, United Hearts of Mercy.
This seems like a significant story that isn’t getting that much attention in the U.S. media yet. Here are a two Canadian articles–rendered in English by Google Translate–and another at The New York Post.
Le Devoir: A man with a troubled past targeted by an armed attack in Estérel.
Radio Canada: One person injured in shooting at Estérel
The New York Post: Fake Ukrainian heiress: ‘My ex-lover forced me to become Anna de Rothschild’
Could this have anything to do with the stolen documents?
What are your thoughts? What other stories are you following today?
Thursday Reads: Latest on the Stolen Government Docs and Other News
Posted: October 6, 2022 Filed under: Donald Trump, morning reads | Tags: 11th Circuit appeals court, animal cruelty, DOJ, Dr. Oz, Judge Aileen Cannon, SCOTUS, stolen documents 20 Comments
Georgia O’Keeffe, Autumn Trees
Good Morning!!
I got the Omicron booster and a flu shot this morning. I was fortunate that the local Council on Aging came to my apartment building to give the vaccines. My town is really nice to us old folks.
Both of my arms hurt already, especially the left, where I got the Covid shot. I hope I won’t have a too many side effects. It hurts to type, so this won’t be a fancy post.
Before I get going on the latest news, I want to share this shocking story about Dr. Oz that Jezebel published on Monday: Dr. Oz’s Scientific Experiments Killed Over 300 Dogs, Entire Litter of Puppies.
…[A] review of 75 studies published by Mehmet Oz between 1989 and 2010 reveals the Republican Senate candidate’s research killed over 300 dogs and inflicted significant suffering on them and the other animals used in experiments.
Oz, the New Jersey resident who’s currently running for U.S. Senate from Pennsylvania, was a “principal investigator” at the Columbia University Institute of Comparative Medicine labs for years and assumed “full scientific, administrative, and fiscal responsibility for the conduct” of his studies. Over the course of 75 studies published in academic journals reviewed by Jezebel, Oz’s team conducted experiments on at least 1,027 live animal subjects that included dogs, pigs, calves, rabbits, and small rodents. Thirty-four of these experiments resulted in the deaths of at least 329 dogs, while two of his experiments killed 31 pigs, and 38 experiments killed 661 rabbits and rodents.
In the early 2000s, testimony from a whistleblower and veterinarian named Catherine Dell’Orto about Oz’s research detailed extensive suffering inflicted on his team’s canine test subjects, including multiple violations of the Animal Welfare Act, which sets minimum standards of care for dogs, cats, primates, rabbits, and other animals in the possession of animal dealers and laboratories. The law specifically requires researchers and breeders to use pain-relieving drugs or euthanasia on the animals, and not use paralytics without anesthesia, or experiment multiple times on the same animal.
Dell’Orto testified that a dog experimented on by Oz’s team experienced lethargy, vomiting, paralysis, and kidney failure, but wasn’t euthanized for a full two days. She alleged other truly horrifying examples of gratuitously cruel treatment of dogs, including at least one dog who was kept alive for a month for continued experimentation despite her unstable, painful condition, despite how data from her continued experimentation was deemed unusable. According to Dell’Orto, one Oz-led study resulted in a litter of puppies being killed by intracardiac injection with syringes of expired drugs inserted in their hearts without any sedation. Upon being killed, the puppies were allegedly left in a garbage bag with living puppies who were their littermates. Dell’Orto’s allegations, made in 2003 and 2004, are detailed in letters from PETA to the university and USDA. In an interview with Billy Penn last month, she acknowledged PETA “is not a reliable source of information,” but said the organization’s letters honestly reflected what she told the organization and provided documentation for.
In May 2004, Columbia University was ordered by the USDA to pay a $2,000 penalty for violations of the Animal Welfare Act. The fine paid by Columbia was the result of a settlement between the university and the USDA, based on the findings of Columbia’s internal investigation of Oz’s research. The USDA accepted these findings, but according to Dell’Orto, the review was faulty, and “had investigators on the committee that were also complicit in this type of poorly designed, cruel animal experimentation.” Dell’Orto also noted that while Oz wasn’t the one who euthanized the dogs and puppies himself, “When your name is on the experiment, and the way the experiment is designed inflicts such cruelty to these animals, by design, there’s a problem.”
Oz also opposes abortion, so he doesn’t have a problem with women dying either.
There’s quite a bit of news on the stolen government documents investigation, so I’m going to focus on that. I’ll add more news links at the end of the post.
Pierre Bonnard, Autumn View, 1912
Yesterday afternoon, the 11th Circuit appeals court undercut Trump’s SCOTUS appeal by granting the DOJ’s request for expedited consideration of their appeal of Judge Loose Cannon’s special master decision. Josh Gerstein and Kyle Cheney at Politico: Appeals court expedites DOJ challenge to Mar-a-Lago special master.
A federal appeals court agreed on Wednesday to expedite consideration of a Justice Department’s bid to shut down the external review process for the 11,000 documents seized by the FBI during its August raid of former President Donald Trump’s residence.
The Atlanta-based 11th Circuit Court of Appeals issued an order Wednesday morning setting tighter deadlines in the government’s appeal to remove what prosecutors contend is an unnecessary obstacle to their investigation into potentially illegal retention of classified information, theft of government records and obstruction of justice.
The schedule set by the appeals court for legal briefing on the issue is not quite as rapid as the Justice Department proposed, but is faster than Trump’s legal team urged. Under the new schedule, Trump’s lawyers would have to stake out their position in the dispute by Nov. 10 and briefing would be complete by Nov. 17.
“No extensions allowed,” Judge Adalberto Jordan wrote, indicating that he had consulted with Chief Judge William Pryor on the plan.
No date was set Wednesday for oral argument, but Adalberto’s order said a “special merits panel” would be assigned to the case.
The legal fight over the documents found at Trump’s Mar-a-Lago club in Florida has now proliferated into four arenas: the Florida courtroom of U.S. District Court Judge Aileen Cannon, who first approved the former president’s request for a special master; the Brooklyn courtroom of the special master she appointed, senior Judge Raymond Dearie; the Atlanta-based 11th Circuit Court of Appeals and the Supreme Court.
Read more at the link.
A couple of days ago Bloomberg’s Zoe Tillman was able to download a court filing that was accidentally unsealed for a short time. The filing listed the documents that had been segregated from the FBI search results because they contained personal or potentially privileged material.
I can’t access her story, but here is an analysis from Philip Bump at The Washington Post: What the FBI took from Trump, according to an accidentally unsealed list.
The list includes two batches of documents, about five dozen in total. What’s included are about 520 pages of documents that the government believed should be screened for privilege by the special master assigned to the case. The government broke the documents into two groups. The first was material that related to Trump’s tenure as president, labeled Exhibit A. The second was material that appeared to be subject to attorney-client privilege. It’s marked Exhibit B.
Reviewing the list itself, though, we get a good sense of the breadth of information that was present at Mar-a-Lago. There are documents related to grants of clemency, to endorsements, to legal fights, to policy proposals. At times, the documents are cryptic. We’ve done our best to clarify where we can, but we might not have explained everything.
Read the document descriptions at the WaPo.
Edvard Munch, Elm Forest in Autumn
This is from Emptywheel yesterday: Judge Aileen Cannon Treated a Public Letter About Trump’s Health As More Sensitive Than America’s National Security.
As I have shown, had Judge Aileen Cannon left well enough alone, the government would have handed all Category B documents identified by the filter team back to Trump on September 1. Instead, she deliberately inflicted what she herself deemed to be further harm on Trump to justify intervening in the search of Trump’s beach resort.
And now she may have caused even more harm. That’s because, by means that are not yet clear (but are likely due to a fuck-up by one of Cannon’s own staffers), the inventories from both Category A (government documents that deal with a legal issue) and Category B (more personal documents) were briefly posted on the docket. (h/t Zoe Tillman, who snagged a copy)
Those inventories not only show Cannon’s claims of injury to Trump were even more hackish than I imagined. But it creates the possibility that DOJ’s filter team will attempt to retain some of the documents included in Category B, notably records pertaining to the Georgia fraud attempts and January 6, they otherwise wouldn’t have.
Start with the hackishness. The harm that Cannon sustained to justify intervening consisted of preventing DOJ from returning, “medical documents, correspondence related to taxes, and accounting information” to Trump, “depriv[ing Trump]of potentially significant personal documents.” Cannon made DOJ withhold such documents from Trump for a least two additional weeks and then used it to argue that Trump had a personal interest in what DOJ claims are mostly government documents and press clippings.
The single solitary medical document pertaining to Trump (there’s a Blue Cross explanation of benefits that appears to pertain to someone else) is this letter from Trump’s then-personal physician released during the 2016 Presidential campaign.
Not only was it publicly released over six years ago, but details of medicines left off the report and Trump’s role in dictating an earlier version of the letter were widely reported in 2017.
Aileen Cannon held up a national security investigation into highly sensitive documents stored insecurely at a beach resort targeted by foreign intelligence services, in part, because the FBI seized a public letter than had been released as part of a political campaign six years ago.
She personally halted efforts to keep the United States safe, in part, to prevent leaks of a document that Trump released himself six years ago.
Read more at the link.
Jason Leopold and Jack Gillum at Bloomberg on who packed the boxes Trump sent to Mar-a-Lago: Trump Says US Agency Packed Top-Secret Documents. These Emails Suggest Otherwise.
Former President Donald Trump publicly said that one reason that the FBI found boxes of classified documents improperly stored at his Florida estate was that federal workers had packed up the White House after his 2020 defeat.
Autumn in Bavaria, Wassily Kandinsky, 1908
But documents obtained by Bloomberg News under a Freedom of Information Act request suggest a different story. More than 100 pages of emails and shipping lists between White House and transition staff and the US General Services Administration describe the minutiae of moving the Trump White House from Washington, DC, to Florida, down to how many rolls of bubble wrap and tape, all within a plan signed by then-Chief of Staff Mark Meadows.
One thing is clear: The boxes were packed when the movers got there.
While the records don’t specify what the boxes contained, they provide the most detailed account to date of how the GSA assisted the outgoing administration between January and September 2021.
After the FBI’s unprecedented Aug. 8 search of Trump’s Mar-a-Lago estate, the former president and his allies, including Fox News’s Sean Hannity, Stephen Bannon’s Breitbart News and former Trump defense official Kash Patel, have claimed that Trump can’t be held legally responsible for the dozens of boxes of highly classified documents found around Mar-a-Lago because the GSA — essentially the federal government’s office and property manager — was in charge of filling boxes and shipping them.
Apparently, those were all lies. Read the rest of the details at Bloomberg. A few days ago, The Washington Post reported that Trump himself packed the 15 boxes that he turned over the the National Archives in January. At the time, Alex Cannon, a Trump lawyer, refused to certify that all the documents had been returned, because he didn’t believe that was true. IMO, Trump probably packed the boxes that he took from the White House too.
More News, Links Only:
NBC News: FBI arrests pastor who wore his company jacket on Jan. 6 and pushed into police line.
David Wasserman at the Cook Political Report: House Rating Changes: Ten Races Shift, Mostly Towards Democrats.
Politico: Abortion ‘has given Democrats a second look’ from GOP-leaning women.
The Washington Post: 14-year-old’s arthritis meds denied after Ariz. abortion ban, doctor says.
Roger Sollenberger at The Daily Beast: She Had an Abortion With Herschel Walker. She Also Had a Child With Him.
Secret Service news from Carol Leonnig at The Washington Post: VP was in car accident; Secret Service first called it ‘mechanical failure’
Timothy Snyder: How does the Russo-Ukrainian War end?
Financial Times: Vladimir Putin’s botched mobilisation triggers blame game in Russia.
That’s all I have for you today. What stories are you following?
Tuesday Reads
Posted: October 4, 2022 Filed under: Afternoon Reads, Donald Trump, just because | Tags: "independent state legislature theory", DOJ, FBI, Mar-a-Lago, National Archives, nuclear weapons, Oath Keepers, Russia, SCOTUS, seditious conspiracy, stolen government documents, Ukraine, Vladimir Putin 18 Comments
Mr Toad in The Wind in the Willows, illustration by Inga Moore
Good Afternoon!!
My posts are getting later and later. I look around at what’s happening in the world on my blogging days and somehow it takes me a long time to get going. Maybe it’s just because I’m getting old, or maybe it’s because I’m traumatized by seven years of reading about Trump and the horrors he has inflicted on our country–or maybe both. I don’t know why I ever thought he would go away once he was out of office. Back when he was ranting on Twitter all the time, I used to wish he would go away and leave us alone. Now I realize he will never go away until he dies, and even then we’ll be reading about the damage he has done–if we survive as a country with freedom of speech and press, that is.
The latest on Trump’s legal problems and crimes
The Washington Post: Trump’s lawyer refused his request in February to say all documents returned.
So Cannon will be another witness against Trump if he’s ever brought to trial. There’s much more at the WaPo link.
Bilbo comes to the huts of the raft elves, by JRR Tolkien
From J. Michael Luttig at The Atlantic on the upcoming SCOTUS case based on Trump’s efforts to get Republican state legislators to create fake sets of electors in order to overturn his 2020 election loss: There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory.
The Supreme Court will decide before next summer the most important case for American democracy in the almost two and a half centuries since America’s founding.
In Moore v. Harper, the Court will finally resolve whether there is a doctrine of constitutional interpretation known as the “independent state legislature.” If the Court concludes that there is such a doctrine, it would confer on state legislatures plenary, exclusive, and judicially unreviewable power both to redraw congressional districts for federal elections and to appoint state electors who quadrennially cast the votes for president and vice president on behalf of the voters of the states. It would mean that the partisan gerrymandering of congressional districts by state legislatures would not be reviewable by the state courts—including the states’ highest court—under their state constitutions.
The independent-state-legislature theory gained traction as the centerpiece of President Donald Trump’s effort to overturn the 2020 presidential election. In the Supreme Court, allies of the former president argued that the theory, as applied to the electors clause, enabled the state legislatures to appoint electors who would cast their votes for the former president, even though the lawfully certified electors were bound by state law to cast their votes for Joe Biden because he won the popular vote in those states. The Supreme Court declined to decide the question in December 2020. The former president and his allies continued thereafter to urge the state legislatures, and even self-appointed Trump supporters, to transmit to Congress alternative, uncertified electoral slates to be counted by Congress on January 6.
That as many as six justices on the Supreme Court have flirted with the independent-state-legislature theory over the past 20 years is baffling. There is literally no support in the Constitution, the pre-ratification debates, or the history from the time of our nation’s founding or the Constitution’s framing for a theory of an independent state legislature that would foreclose state judicial review of state legislatures’ redistricting decisions. Indeed, there is overwhelming evidence that the Constitution contemplates and provides for such judicial review.
To the extent that advocates of the independent-state-legislature theory have any evidence at all to support the theory, it is exceedingly thin. Their textual argument is that the total disempowerment of state courts necessarily follows from the fact that the elections clause empowers the state legislatures to prescribe the “manner” of holding congressional elections.
But there is neither more nor less significance to the fact that the Constitution assigns this quintessential legislative power to the state legislatures than that the Constitution assigns federal lawmaking to Congress, rather than to the executive or the judiciary. And yet, the Constitution provides for judicial review of the actions of both.
It’s long, of course, so read the rest at The Atlantic if you’re so inclined.
And then there’s Trump’s mentor, Putin. Will he ever go away?
This is by Walter Russell Mead at The Wall Street Journal–I didn’t encounter a paywall: Putin’s Nuclear Threat Is Real. The conflict isn’t only about Ukraine. He’s waging a global war on the U.S.-led order.
Even as poorly trained, poorly led and poorly supplied Russian forces retreat on the battlefield, the danger that the war in Ukraine will erupt into a wider conflict continues to grow. Vladimir Putin has responded to the weakening of his military position by “annexing” four contested regions inside Ukraine, declaring that the conflict in Ukraine is a war for the survival of Russia, and raising the specter of a nuclear strike. The West is taking note of these moves and the sabotage of Baltic pipelines connecting European consumers to Russian gas. National security adviser Jake Sullivan has warned Russia that any use of nuclear weapons would have catastrophic consequences for Russian forces, and Jens Stoltenberg, secretary general of the North Atlantic Treaty Organization, repeated that message Sunday morning.
Inga Moore, The Secret Garden
As the Biden administration scrambles to manage the most dangerous international confrontation since the 1962 Cuban Missile Crisis, it must see the world through Mr. Putin’s eyes. Only then can officials know how seriously to take the nuclear saber-rattling and develop an appropriate response.
While American presidents going back to George W. Bush have failed to appreciate the depth and passion of Mr. Putin’s hostility to the U.S., the Russian president isn’t that hard to read. Like a movie supervillain who can’t resist sharing the details of his plans for world conquest with the captured hero, Mr. Putin makes no secret of his agenda. At Friday’s ceremony marking Russia’s illegal and invalid “annexation” of four Ukrainian regions, he laid out his worldview and ambitions in a chilling and extraordinary speech that every American policy maker should read.
Mr. Putin sees global politics today as a struggle between a rapacious and domineering West and the rest of the world bent on resisting our arrogance and exploitation. The West is cynical and hypocritical, and its professed devotion to “liberal values” is a sham. The West is not a coalition of equals; it represents the domination of the “evil Anglo-Saxons” over the Europeans and Japan. Mr. Putin sees this American-led world system as the successor to the British Empire, and he blames the Anglo-Saxon or English-speaking powers for a host of evils, from the Atlantic slave trade to European imperialism to the use of nuclear weapons in World War II.
This attack on “Anglo-Saxon” greed, brutality and hypocrisy is not original to Mr. Putin. He is reading from a script developed by opponents of British and American liberal capitalism and geopolitical power over hundreds of years. Napoleon could have delivered large swathes of this speech. Very different figures such as Kaiser Wilhelm II, Adolf Hitler as well as Joseph Stalin, Imperial Japanese leaders like Hideki Tojo, Iran’s Ayatollah Ruhollah Khomeini and Osama bin Laden shared much of Mr. Putin’s critique. One can hear versions of it on many college campuses, and it plays a significant role in the intellectual and cultural life of many postcolonial countries and movements around the world.
Again, this is a long read, so I hope you will also be able to do so without hitting a paywall. If it helps, I clicked on a link from Memeorandum.
The latest Ukraine news from The Washington Post: Ukraine hammers Russian forces into retreat on east and south fronts.
Ukrainian troops on Tuesday accelerated their military advances on two fronts, pushing Russian forces into retreat in the Donetsk and Luhansk regions to the east and Kherson region to the south.
The gains showed Kyiv continuing to recapture occupied territory on the same day that President Vladimir Putin and his rubber-stamp parliament sought to formalize their increasingly far-fetched annexation claims of four Ukrainian regions.
“The Ukrainian armed forces commanders in the south and east are throwing problems at the Russian chain of command faster than the Russians can effectively respond,” said a Western official who requested anonymity to brief reporters about sensitive security information. “And this is compounding the existing dysfunction within the Russian invasion force.”
Ukraine has been pushing to take back as much of its occupied territory as it can before Russia potentially sends hundreds of thousands of reinforcements to the battlefield, following a recent mobilization effort.
The Story of Dr. Dolittle, illustrated by Angel Dominguez
The Ukrainian counteroffensive, which had moved far more slowly in the south compared to the lightning push through the northeast Kharkiv region in September, has suddenly picked up speed, with Russian units retreating in recent days from a large swath of territory along the west bank of the Dnieper River.
Ukrainian forces pushed ahead dozens of miles into the southern Kherson region, liberating towns and villages and recreating scenes from mid-September when they swept into Kharkiv and were greeted by joyful residents who had spent many months under Russian occupation.
On Monday, the spokesperson for the Russian Defense Ministry acknowledged that “superior tank units” of Ukraine had “wedged in the depth of our defense line” near the villages of Zolota Balka and Oleksandrivka in the Kherson region.
Read the rest at the WaPo.
Yesterday was day one of the Oath Keepers seditious conspiracy trial:
CNN: Takeaways from the dramatic first day and opening statements of the Oath Keepers trial.
With the historic case that they had brought against Oath Keepers accused of plotting to attack the US Capitol on January 6, 2021, prosecutors framed up how the jury should think about the allegations with an hour-plus opening statement that kicked off the trial in earnest.
Five alleged members of the far-right militia, including its leader Stewart Rhodes, are on trial in Washington DC’s federal courthouse. They have pleaded not guilty to the charge of seditious conspiracy, a charge rarely brought by the Justice Department, and other charges.
The Justice Department’s opening statement featured messages and other communications among the defendants that prosecutors say show the Oath Keepers’ unlawful plotting to disrupt Congress’ certification of President Joe Biden’s electoral win. As the prosecutors sought to use the words of the defendants against them, they also played video capturing the Oath Keepers’ actions in the Capitol and displayed maps and charts to help the jury follow along. Each juror has their own screen to see evidence.
“They said out loud and in writing what they planned to do,” Jeffrey Nestler, an assistant US Attorney, told the jury. “When the opportunity finally presented itself … they sprang into action.”
A lawyer for Rhodes, the first defense attorney to deliver an opening statement told the jurors that they will see evidence that will show that the defendants “had no part in the bulk” of the violence that occurred on January 6.
“You may not like what you see and hear our defendants did,” attorney Phillip Linder said, “but the evidence will show that they didn’t do anything illegal that day.”
That’s the introduction to the story. Read the takeaways at CNN. Again, it’s a long read.
The Washington Post: U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6.
Lazy Caturday Reads: Two Wannabe Tyrants and A Struggling One
Posted: September 24, 2022 Filed under: caturday, Donald Trump | Tags: Adolf Hitler, Hillary Clinton, immigration, Ron DeSantis, Vladimir Putin 13 CommentsHappy Caturday!!
Hillary Clinton dared to speak the truth about Trump in an interview yesterday. Mary Papenfuss wrote about it at HuffPo: Hillary Clinton Compares Trump To Hitler In Disturbing Interview.
In a stinging interview Friday one-time presidential candidate Hillary Clinton compared Donald Trump to Adolf Hitler, and his political rallies to Nazi gatherings.
She zeroed in on Trump’s rally last week in Youngstown, Ohio, where members of the crowd raised a stiff-armed, one-finger QAnon salute to the former president in a gesture chillingly reminiscent of the “heil Hitler” salute.
The QAnon gesture stands for WWG1WGA, or: “Where We Go One We Go All.”
“I remember as a young student, you know, trying to figure out how people get basically brought in by Hitler. How did that happen?” Clinton asked during an onstage interview at the Texas Tribune Festival in Austin.
“I’d watch newsreels and I’d see this guy standing up there ranting and raving, and people shouting and raising their arms. I thought, ‘What’s happened to these people?’” she added.
“You saw the rally in Ohio the other night,” Clinton noted. “Trump is there ranting and raving for more than an hour, and you have these rows of young men with their arms raised. What is going on?”
She added: “I think it is fair to say we’re in a struggle between democracy and autocracy.”
Trump had another rally in North Carolina yesterday. He did plenty of ranting and railing, but his security people stopped audience members who raised their arms in the “heil Hitler”-like gesture. Either Trump or his advisers must have been paying attention to the negative public reaction.
From Eric Garcia, reporter at The Independent, who attended the rally: QAnon, the Big Lie and misogyny: Inside Trump’s Wilmington rally. Trump was supposedly there to support Republican candidates; but, as usual, the rally was all about him and his many grievances.
Former president Donald Trump held a rally in Wilmington on Friday, his first since New York attorney general Letitia James announced her civil lawsuit against him, his three eldest children, his business associates, and the Trump organisation this week….
Indeed, before Mr Trump took the stage, the two monitors on the sides of the stage played a segment from Fox News’ host Jesse Watters comparing Mr Trump’s storage of documents with that of the previous four former presidents.
But the former president also used the rally to air his grievances against Ms James’s lawsuit against him, his family and his business organization, which she called “The Art of the Steal” at a Wednesday press conference.
“There’s no better example of the chilling obsession with targeting political opponents than the baseless, abusive and depraved lawsuit against me, my family, my company, by the racist attorney general of New York state,” he said, giving her the moniker “Letitia ‘Peekaboo’ James.” [….]
Mr Trump’s dislike of female public figures who challenge him – be they Hillary Clinton, Elizabeth Warren, Meryl Streep or Rosie O’Donnell – is well-known. But throughout his speech, he repeatedly ridiculed Ms James, a Black woman, in incredibly personal terms, saying that she is more focused on attacking him than focusing on violent crime.
“This raging maniac campaign for office ranting and raving about her goal – her only goal is, we got to get Donald Trump,” he said about Ms James. “In fact, I was watching it and I said ‘boy, that woman is angry, I don’t think she likes me too much.’”
Garcia on the QAnon salute:
During his rally in Ohio last week, Mr Trump and rally goers confused many when he played dramatic music while attendees pointed one finger in the air. Mr Trump repeated the practice this time, albeit it looked like fewer people raised their fingers in the air during the rally.
A few people who attended the rally had QAnon memorabilia, with some attendees wearing QAnon hats and one truck having an image of Mr Trump with John F Kennedy Jr and former president John F Kennedy, prominent figures in the QAnon conspiracy theories.
Gay Gaines said she approved of the use.
“I loved it, it was very emotional, very touching, very inspirational, very uplifting, and hopeful,” she said. “Good way to end it.”
Trump has been “retruthing” QAnon messages regularly on his imitation Twitter website, but yesterday he really outdid himself. Insider: Donald Trump shares Truth Social photo proclaiming him as second only to Jesus.
Former President Donald Trump shared a post on his Truth Social account on Friday, declaring him as “second” only to Jesus.
The post by Truth Social user @austinnegrete said: “Jesus is the Greatest. President @realDonaldTrump is the second greatest.”
It accompanied an image of a painting of Jesus by artist Dan Wilson.
Trump “ReTruthed,” or reposted, the Jesus comparison to his 4.1 million Truth Social followers.
Of course this is ridiculous, as is the QAnon craziness; but we know from past experience that Trump’s ranting and his sway over his audiences is dangers. Mark Follman writes at Mother Jones: Trump Continues to Escalate His Dangerous Incitement.
As the ex-president faces advancing federal and state investigations ranging from Mar-a-Lago to New York to Georgia, he has escalated an insidious form of political incitement, behavior that seems to signal a growing desperation over his legal predicaments. As I first reported beginning two years ago, Trump has long honed a rhetorical method that security experts call “stochastic terrorism”: By continually demonizing his “enemies,” he stirs random violence from extremist supporters as a means to exert and try to maintain political power.
Investigation of the January 6 insurrection showed the consequences of this technique on a mass scale—and further revealed Trump’s explicit willingness to resort to it after attempts to overturn the 2020 election via Congress and the courts had failed. According to sworn testimony from Cassidy Hutchinson, a former top aide in the White House, Trump knowingly urged armed supporters to descend on the Capitol that day and had wanted to lead them there. Ever since, Trump has successfully spread the use of incitement among GOP leaders, as I documented recently.
Repetition across various media is key to the technique and increases the likelihood of violence, according to recently published research from threat assessment experts. Trump has delivered on that in recent weeks: He has continued to target various agencies and individuals using his Truth Social platform, speeches at political rallies, and interviews on Fox News and other more fringe media outlets.
And he has used particularly grim rhetoric. At a Sept. 3 rally in Pennsylvania, Trump calledthe FBI and Justice Department “vicious monsters” and President Biden an “enemy of the state.” During an interview on a right-wing radio show on Sept. 15, he predicted there would be “big problems” in the country if he were to be charged by the Justice Department. “I don’t think the people of the United States would stand for it,” he told host Hugh Hewitt. On Truth Social, Trump promoted a QAnon meme featuring him as a heroic icon of the lunatic conspiracy-theory movement regarded by the FBI as a domestic terrorism threat. Soon thereafter, Trump gave an apocalyptic speech at an Ohio rally where he used music evoking a QAnon theme song, prompting fascistic salutes from the crowd.
Trump hammered home similar messages again on Wednesday in a lengthy sit-down at Mar-a-Lago with Fox News anchor Sean Hannity. Asked by Hannity to comment on a new lawsuit from New York Attorney General Letitia James over alleged financial fraud by Trump, the ex-president laid into the state’s top lawyer and her staff: “They were demeaning me constantly, these people,” he said. “There’s something wrong with them. I really believe they hate our country.”
His effort specifically to provoke feelings of contempt among his supporters is no accident and furthers the risk for violence.
Read the rest at the link.
On MSNBC this morning, former Trump fixer Michael Cohen had a few choice words for his former boss. Raw Story: Cornered Trump ‘doesn’t care if he burns the country down’: former adviser.
Speaking with host Ali Velshi, Cohen said the former president has big legal troubles coming at him from different directions and painting him into a corner.
He then predicted the former president won’t go down quietly.
“What stands out to you, what’s the thing you’re most thinking about right now?” host Velshi asked.
“There are so many investigations and you wouldn’t believe — if this was a television show you would turn around and say, ‘it’s too stupid! I can’t watch this, it’s stupid, it can never happen,'” Cohen exclaimed. “But it is happening in real-time in our lives.”
“Our democracy is in peril because of one man; one man who goes ahead and weaponizes the United States Department of Justice against his critics, against the country against anybody who was not one of his supporters, he is willing to go after.”
“He doesn’t care if he burns the country down in doing it,” Cohen
Enough about Trump. Let’s turn to the Trump wannabe in Florida who is also a danger to democracy could end up running for president in 2024–Ron DeSantis. Could he be facing a serious backlash from Florida voters?
Greg Sargent at The Washington Post: Ugly new details about Ron DeSantis’s stunt point to a deeper scam.
Who paid for the migrants to be transported from Texas to Florida?
That question emerges from new revelations about Gov. Ron DeSantis’s vile stunt, in which he transported two planeloads of migrants from Texas to Florida and on to Martha’s Vineyard in Massachusetts.
The Florida Republican refuses to release the state contract that funded the flights. That suggests DeSantis is seeking to bury critical facts even as reporters fill in details about the flights — and their questionable legality.
This potentially points to a deeper scam. DeSantis — whose presidential ambitions emit a stench akin to Limburger rotting in an old sock — is gushing with own-the-libs bluster, vowing to keep shoving migrants in the faces of elite liberals everywhere. But the ones truly getting “owned” by this farce are right-wing voters and Florida taxpayers. The more information that comes out, the clearer this will become.
In a useful piece NBC News’s Marc Caputo reports that the outfit contracted to ship migrants — Vertol Systems Company Inc. — has contributed tens of thousands of dollars to super PACs backing Florida GOP candidates. One funded Matt Gaetz, a right-wing media troll who moonlights as a congressman.
That company has been paid $1.6 million so far, per NBC, and the contract totals $12 million, supposedly to cover future shipments of migrants to other states. NBC also reports:
“But the state budget authorizing the program specifies that “unauthorized aliens” are supposed to be flown from “this state” of Florida — not any other state — and Republicans who crafted the program this year said publicly that Venezuelans seeking asylum are not considered “unauthorized aliens” because they’re allowed to be in this country.”
So a big question is whether state funding of the transport of migrants from Texas to Florida violated that budgetary language. On this basis, a Democratic state senator filed a lawsuit Thursday to block further funding for the flights.
Read more at the WaPo.
Could DeSantis be facing serious backlash over his treatment of asylum-seekers? Check this out:
The Hill: DeSantis risks voter backlash in Florida with migrant flights.
Florida Gov. Ron DeSantis (R) is facing mounting scrutiny in his home state over his controversial decision last week to fly dozens of mostly Venezuelan migrants to the elite resort island of Martha’s Vineyard, Mass.
While the move was lauded by conservatives as a powerful protest of the Biden administration’s approach to border security, it has sparked a wave of criticism from Democrats and members of Florida’s vast Hispanic community, a politically influential force in the Sunshine State.
“With this move, this stunt, obviously he made his base very happy,” said Adelys Ferro, the executive director of the Venezuelan American Caucus. “But there are many people more toward the middle and people who are independents that are very disgusted and that reject all of this.”
“We are Venezuelan Americans and we vote, and we’re going to vote in November,” she added. “And we’re never going to vote for somebody who does this.
DeSantis has been busy attacking teachers and mistreating immigrants, but will he be ready to deal with an approaching hurricane? CBS News: Tropical Storm Ian strengthens over Caribbean and could approach Florida as major hurricane.
Tropical Storm Ian strengthened as it moved over the Caribbean Saturday and could approach Florida early next week as a major hurricane, according to forecasters. Florida Gov. Ron DeSantis has declared a state of emergency.
The National Hurricane Center (NHC) said early Saturday that Tropical Storm Ian was 270 miles south-southeast of Kingston, Jamaica, moving west at 15 mph. It had maximum sustained winds of 45 mph.
“Early next week, Ian is forecast to move near or over western Cuba as a strengthening hurricane and then approach the Florida peninsula at or near major hurricane strength, with the potential for significant impacts from storm surge, hurricane-force winds, and heavy rainfall,” the National Hurricane Center said.
On Friday, DeSantis signed an executive order issuing a state of emergency for 24 Florida counties which could be in the storm’s path. The order also places the Florida National Guard on standby. DeSantis also put in a request for a federal “pre-landfall emergency declaration.”
Finally, what’ happening with Trump’s idol and mentor Vladimir Putin?
The Washington Post: As Russian Losses Mount in Ukraine, Putin Gets More Involved in War Strategy.
President Vladimir V. Putin of Russia has thrust himself more directly into strategic planning for the war in Ukraine in recent weeks, American officials said, including rejecting requests from his commanders on the ground that they be allowed to retreat from the vital southern city of Kherson.
A withdrawal from Kherson would allow the Russian military to pull back across the Dnipro River in an orderly way, preserving its equipment and saving the lives of soldiers.
But such a retreat would be another humiliating public acknowledgment of Mr. Putin’s failure in the war, and would hand a second major victory to Ukraine in one month. Kherson was the first major city to fall to the Russians in the initial invasion, and remains the only regional capital under Moscow’s control. Retaking it would be a major accomplishment for President Volodymyr Zelensky of Ukraine.
Focused on victory at all costs, Mr. Putin has become a more public face of the war as the Russian military appears increasingly in turmoil, forcing him to announce a call-up this week that could sweep 300,000 Russian civilians into military service. This month, Moscow has demonstrated it has too few troops to continue its offensive, suffers from shortages of high-tech precision weaponry and has been unable to gain dominance of Ukraine’s skies.
Read more at the WaPo.
The New York Times: Putin’s Draft Draws Resistance in Russia’s Far-Flung Regions.
President Vladimir V. Putin’s surprise draft to reinforce his invasion of Ukraine ran into growing resistance across Russia on Friday as villagers, activists and even some elected officials asked why the conscription drive appeared to be hitting minority groups and rural areas harder than the big cities.
Some of the greatest anguish played out hundreds or thousands of miles away from the front line, in the Caucasus Mountains and the northeastern region of Yakutia, a sparsely populated expanse that straddles the Arctic Circle. Community leaders described remote villages where much of the working-age male population received conscription notices in recent days, leaving families that subsist off the land without men around to work ahead of the long winter.
“We have reindeer herders, hunters, fishermen — we have so few of them anyway,” Vyacheslav Shadrin, the chairman of the council of elders for a small Indigenous group known as the Yukaghirs, said in a phone interview. “But they are the ones being drafted most of all.”
Mr. Putin announced the call-up on Wednesday, describing it as a “partial mobilization” necessary to counter Ukraine and its Western backers, who he said were seeking Russia’s destruction. It was a move he had long delayed making, even as supporters of the war clamored for a draft in order to allow Russia to intensify its assault.
Russia will mobilize about 300,000 civilians, defense officials said, focusing on men with military experience and special skills, though some Russian media that now operate outside the country reported that the number could be much higher.
But by Friday, even some of the hawkish commentators who had been urging a draft were criticizing the sweeping and uneven way it appeared to be rolling out.
Read the rest at the NYT.
That’s it for me today. What’s on your mind? What stories have you been following?
Thursday Reads: Trump’s Terrible Day
Posted: September 22, 2022 Filed under: Afternoon Reads, Donald Trump, Hillary Clinton, SCOTUS | Tags: 11th Circuit appeals court, Clarence Thomas, declassification of documents, Ginni Thomas, Judge Aileen Cannon, Letitia James, New York Attorney Genral 27 CommentsGood Afternoon!!
Whew! Yesterday was quite a day! It began with New York Attorney General Tish James announcing a 250 million lawsuit against Trump, three of his children, the Trump Organization and two of its top employees; it ended with the 11th Circuit appeals court thoroughly rebuking Judge Loose Cannon and restoring the DOJ’s access to the classified documents needed for their criminal investigation of Trump and for the intelligence assessment of the damage caused by Trump’s thievery. Meanwhile Trump went on Fox News and incriminated himself in an insane interview with Sean Hannity. Here’s a sample from that hour-long clusterfuck:
Since I’m not a lawyer, it’s difficult for me to write about all this legal stuff, but I’ll do my best to post stories that explain what all this means.
First up, this piece by University of Texas law professor Steve Vladeck at CNN: Opinion: How Trump’s terrible day went from bad to worse.
For most people, having the Attorney General of the nation’s fourth most populous state file a sweeping new lawsuit accusing you and your family of “staggering” fraud would be a terribly ominous development.
For former President Donald Trump, it wasn’t even the worst legal news he received on Wednesday. That came later in the evening, when a unanimous three-judge panel of the Atlanta-based US Court of Appeals for the Eleventh Circuit lifted a district court ruling that had partially blocked the Justice Department’s ongoing criminal investigation into whether Trump unlawfully retained at Mar-a-Lago (and refused to return) a large tranche of government documents.
The immediate effect of the panel ruling is to clear the way for the Justice Department to continue its work. But the broader significance of Wednesday night’s ruling — significance that, at least for now, clearly transcends the possibility of what might come of the civil suit filed by New York Attorney General Letitia James — is the fact that a panel that included two Trump appointees poured very cold water on the only arguments he had left to defend against the Mar-a-Lago search.
The issue before the Eleventh Circuit was whether to freeze part of the injunction that US District Court Judge Aileen Cannon had entered on September 5 — an injunction that purported to block the Justice Department from using most of the materials it recovered from its August 8 search of Mar-a-Lago until and unless they could be reviewed by a court-appointed special master. (The special master, Judge Raymond Dearie, expressed a fair amount of skepticism toward Trump’s claims at his first hearing on Tuesday).
What the three-judge panel–including two judges appointed by Trump–said:
Across 29 pages, the three-judge Eleventh Circuit panel made quick work of Cannon’s ruling — holding that the Justice Department was almost certain to succeed in having that ruling thrown out, and so should have the ruling frozen, at least as it applied to classified materials, while the appeals process runs its course.
Among other things, the panel, which included Judges Robin Rosenbaum (appointed by President Barack Obama) and Judges Britt Grant and Andrew Brasher (appointed by Trump), highlighted the absence of any evidence that Trump had declassified any of the classified information discovered at Mar-a-Lago, and also the extent to which that entire issue is a “red herring” for the broader debate over whether those documents belong to Trump or the government….
But it was in a more subtle section of the opinion that the panel handed Trump his most significant defeat. Across two pages and a footnote that non-legal-readers could be forgiven for skipping past, the three judges rejected, in unequivocal terms, claims made by Trump and his supporters (including the State of Texas, which had filed a highly unusual friend-of-the-court brief on behalf of 10 other red states) that the investigation into the former President and search of Mar-a-Lago were all just bad faith harassment from the Biden administration….
In other words, the three-judge panel on one of the more conservative federal appeals courts in the country looked at the Mar-a-Lago search and the broader criminal and national security investigation into the former President of the United States and could not “see any evidence in the record” to support the claim that the Biden administration was using its law enforcement authorities to harass Trump — as opposed to conducting a genuine, above-the-board investigation into serious potential violations of federal criminal statutes.
You might also check out this straight news piece by Charlie Savage, et al. at The New York Times:
In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed repeated efforts to recover them.
The appeals court also agreed with the Justice Department that Mr. Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8.
The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”
The decision by the Atlanta-based court was a repudiation of the decision by Judge Aileen M. Cannon, whom Mr. Trump appointed to the Federal District Court for the Southern District of Florida, to broadly intervene in the Justice Department’s investigation. The appellate ruling will permit the arbiter, known as a special master, to review most of the more than 11,000 files seized from Mar-a-Lago, but allow prosecutors unfettered access to the smaller batch of classified records.
Charlie Savage also reposted on Twitter an earlier article on how the declassification process works.
This piece at Just Security is a good explainer on the New York Attorney General’s lawsuit against the Trump family and businesses: Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump.
In the last month, the array of investigations involving Donald J. Trump and many of Trump’s associates and family members has reached an intense pitch. Today another bombshell detonated—one that may prove to be the most devastating.
New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates.
The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits; the cancellation of business certificates for Trump’s corporate entities; appointment of an independent monitor at the Trump Organization; a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity; permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment.
With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations.
Read the rest at Just Security. Here’s John Buss’s commentary:
What about the January 6 Committee? What are they up to? Yes, more bad news for Trump–and Mark Meadows too.
From the article:
The House select committee investigating January 6, 2021, has come to an agreement with Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in the coming weeks, according to a source close to the committee.
Ginni Thomas’ attorney, Mark Paoletta, confirmed the voluntary interview in a statement, saying, “As she has said from the outset, Mrs. Thomas is eager to answer the Committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”
Members of the panel have long said they are interested in speaking with Thomas, particularly after CNN first reported text messages she exchanged with then-Trump White House chief of staff Mark Meadows prior to January 6 about overturning the election.
But in the months since those messages emerged, there has been little indication that compelling her to testify was a top priority for the panel despite subsequent evidence that Thomas also encouraged state lawmakers in Arizona and Wisconsin to overturn Joe Biden’s legitimate electoral win.
Thomas attended the rally that preceded the attack on the US Capitol, as she said in an interview with the Washington Free Beacon, where she stressed that her and her husband’s professional lives are kept separate. She also said that she had left the gathering before the protesters turned violent.
She has also been publicly critical of the House January 6 investigation, calling on House GOP leaders to boot from their conference the two Republicans serving on the select committee.
It’s not yet clear what changed for Thomas and her attorney to now agree to this interview. The 64 thousand dollar question is how will this affect her husband Clarence? Will John Roberts finally decide to deal with him? Probably not, but you never can tell.
More news, links only:
Analysis by Stephen Collinson at CNN: Biden’s new mission: Heading off any possibility of a nuclear crisis with Russia.
The Washington Post: Over 1,300 arrests reported as Russians protest military mobilization.
Analysis by Brad Lendon at CNN: Putin can call up all the troops he wants, but Russia can’t train or support them.
AP News: At least 9 killed as Iran protests spread over woman’s death.
NBC News: Enthusiasm for upcoming midterms is at all-time high, NBC News poll shows.
The New York Times: Trump Support Remains Unmoved by Investigations, Poll Finds.
Miami Herald: Operatives linked to DeSantis promised to fly migrants to Delaware — but left them stranded.
NBC News: House passes bill to prevent stolen elections, despite strong GOP opposition.
Ashton Pittman at the Mississippi Free Press on the Brett Favre scandal: Ex-Mississippi Welfare Leader Pleads Guilty To Federal, State Crimes In Exchange For Cooperation.
NBC News: Hurricane Fiona intensifies to Category 4 as Puerto Rico contends with aftermath.
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