Thursday Reads

Good Day, Sky Dancers!!

I’m not a fan of royalty, but it does seem significant that Queen Elizabeth II of Great Britain may be dying. She took the throne on February 6, 1952 and is the “longest reigning monarch in world history.”  She is 96 years old. The queen is in Scotland and she did not return to London for the appointment of the new Prime Minister Liz Truss. Her family members are either with her at Balmoral Castle or on their way there.

UPDATE: Queen Elizabeth II has died.

The Washington Post: Queen Elizabeth II under medical supervision as family gathers at Balmoral.

Queen Elizabeth II is under medical care at Balmoral Castle after doctors became concerned about her health, Buckingham Palace said Thursday. Her family is traveling to Scotland to be by her side.

“Following further evaluation this morning, the Queen’s doctors are concerned for Her Majesty’s health and have recommended she remain under medical supervision. The Queen remains comfortable and at Balmoral,” the palace statement said.

All of the queen’s children, including her heir, Prince Charles, were either at her bedside or en route. The others are Edward, Andrew and Anne, who was already in Scotland for some events there this week.

Prince Harry and Meghan are en route to Balmoral, a spokesperson for the couple said. Prince William was also on his way to Balmoral. His wife, Catherine, remained in Windsor as their children, Princes George and Louis and Princess Charlotte, are on their first full day at their new school, Kensington Palace said.

The statement comes a day after Buckingham Palace said Wednesday that the queen, who is 96, had canceled a virtual meeting with the Privy Council on doctor’s advice to rest.

The statements may have been vague on details, but the fact that they were issued at all speaks volumes. The palace typically provides minimal information about the queen’s health.

Also notable: The BBC has suspended programming for today in order to provide updates on the queen’s health.

This morning the deaths of two renowned journalists were announced.

CNN announced: CNN anchor Bernard Shaw dead at 82.

Former CNN anchor Bernard Shaw died Wednesday of pneumonia unrelated to Covid-19, Shaw’s family announced in a statement Thursday. Shaw was 82.

Shaw was CNN’s first chief anchor and was with the network when it launched on June 1, 1980. He retired from CNN after more than 20 years on February 28, 2001.

During his storied career, Shaw reported on some of the biggest stories of that time — including the student revolt in Tiananmen Square in May 1989, the First Gulf war live from Baghdad in 1991, and the 2000 presidential election.

“CNN’s beloved anchor and colleague, Bernard Shaw, passed away yesterday at the age of 82. Bernie was a CNN original and was our Washington Anchor when we launched on June 1st, 1980,” Chris Licht, CNN.

Chairman and CEO, said in a statement Thursday. “He was our lead anchor for the next twenty years from anchoring coverage of presidential elections to his iconic coverage of the First Gulf War live from Baghdad in 1991. Even after he left CNN, Bernie remained a close member of our CNN family providing our viewers with context about historic events as recently as last year. The condolences of all of us at CNN go out to his wife Linda and his children.”

And from NPR: Anne Garrels, longtime foreign correspondent for NPR, dies at 71.

Anne Garrels, longtime foreign correspondent for NPR, died on Wednesday of lung cancer. She was 71 years old.

At NPR, Garrels was known as a passionate reporter willing to go anywhere in the world at a moment’s notice if the story required it. She was also a warm and generous friend to many.

When she arrived at NPR in 1988, she already had a lot of experience under her belt — including 10 years in television news at ABC, where she was bureau chief in both Moscow and Central America.

Garrels made a strong impression on NPR’s Deborah Amos. “She was this glamorous television reporter who came here,” she said. “She didn’t dress like the rest of us in the beginning. And she’d has this long and remarkable career before she landed here … She was always braver than me, and I always understood that she was braver than me.”

That bravery led Garrels into many war zones. And when it came to covering a war, she was there at the beginning, in the middle of the battle, and at the peace table. She was the kind of reporter who would drive alone across a war zone if that’s what it took to get the story.

Read more at NPR.

This morning Steve Bannon surrendered to prosecutors in New York on state charges similar to the federal ones for which Trump pardoned him.

https://twitter.com/RonFilipkowski/status/1567874120213270534?s=20&t=4kVAlEcKZMvpiI395HRKGA

The Washington Post: Bannon charged with fraud, money laundering, conspiracy in ‘We Build the Wall.’

Stephen K. Bannon has been charged with money laundering, fraud and conspiracy in connection with the “We Build the Wall” fundraising scheme, for which he received a federal pardon during Donald Trump’s final days in the White House.

Bannon, 68, was convicted this summer of contempt of Congress and is awaiting sentencing in that matter. He surrendered to prosecutors in Manhattan Thursday morning on the charges outlined in a newly unsealed state indictment and is expected to appear in court in the afternoon.

Arriving at the Manhattan district attorney’s office in a black SUV shortly after 9 a.m., Bannon stopped to shake hands with his attorneys before speaking briefly to a horde of journalists. In his remarks, he echoed past declarations that he was being prosecuted for political reasons, including in an effort to influence November’s upcoming midterm congressional elections.

“This is all about 60 days until the day!” he said, before being escorted into the building.

Bannon’s case will be handled in New York Supreme Court by Manhattan District Attorney Alvin Bragg and New York Attorney General Letitia James.

In a statement issued after the indictment was unsealed, Bragg said Bannon “acted as the architect of a multi-million dollar scheme to defraud thousands of donors across the country – including hundreds of Manhattan residents.”

Bannon “took advantage of his donors’ political views to secure millions of dollars which he then misappropriated,” James said in her own prepared remarks. “Mr. Bannon lied to his donors to enrich himself and his friends.”

In August 2020, Bannon was yanked off a yacht by law enforcement agents to face his indictment in the federal “We Build the Wall” case. In that indictment, he was accused of personally pocketing $1 million from “We Build the Wall,” a Trump-aligned cash collection drive that Bannon helped to orchestrate starting in December 2018.

I was hoping for news from the DOJ on whether they will appeal the insane decision by Judge Aileen Cannon to appoint a special master to examine the government documents that Trump stole. But the only news I’ve seen is that they are proposing to unseal more of the Mar-a-Lago search warrant, perhaps to use in their response to Judge Cannon.

There is plenty more Trump legal news though:

From ABC News:

A federal grand jury investigating the activities leading up the Jan. 6 attack on the U.S. Capitol and the push by former President Donald Trump and his allies to overturn the result of the 2020 election has expanded its probe to include seeking information about Trump’s leadership PAC, Save America, sources with direct knowledge tell ABC News.

The interest in the fundraising arm came to light as part of grand jury subpoenas seeking documents, records and testimony from potential witnesses, the sources said.

The subpoenas, sent to several individuals in recent weeks, are specifically seeking to understand the timeline of Save America’s formation, the organization’s fundraising activities, and how money is both received and spent by the Trump-aligned PAC….

Trump and his allies have consistently pushed supporters to donate to the PAC, often using false claims about the 2020 election and soliciting donations to rebuke the multiple investigations into the former president, his business dealings, and his actions on Jan. 6.

After the FBI raided Trump’s Mar-a-Lago estate last month, Save America PAC sent out a fundraising email in which Trump urged supporters to “rush in a donation IMMEDIATELY to publicly stand with me against this NEVERENDING WITCH HUNT.”

More from The New York Times: Trump’s Post-Election Fund-Raising Comes Under Scrutiny by Justice Dept.

A federal grand jury in Washington is examining the formation of — and spending by — a PAC created by Donald J. Trump after his loss in the 2020 election as he was raising millions of dollars by baselessly asserting that the results had been marred by widespread voting fraud.

According to subpoenas issued by the grand jury, the contents of which were described to The New York Times, the Justice Department is interested in the inner workings of Save America PAC, Mr. Trump’s main fund-raising vehicle after the election. Several similar subpoenas were sent on Wednesday to junior and midlevel aides who worked in the White House and for Mr. Trump’s presidential campaign.

Among the roughly half-dozen current and former Trump aides in the White House and the 2020 presidential campaign who are said to have received subpoenas this week were Beau Harrison, an aide to Mr. Trump in the White House and in his post-presidency, and William S. Russell, who similarly worked in the West Wing and now for Mr. Trump’s personal office, according to several people familiar with the events….

The fact that federal prosecutors are seeking information about Save America PAC is a significant new turn in an already sprawling investigation of the roles that Mr. Trump and some of his allies played in trying to overturn the election, an array of efforts that culminated with the violent mob attack on the Capitol on Jan. 6, 2021.

Another Trump aide was subpoenaed in connection with planning for the January 6 coup attempt.

From the article:

Federal prosecutors issued a subpoena to a personal aide to former President Donald J. Trump as part of the investigation into the events leading up to the riot at the Capitol on Jan. 6, 2021, people familiar with the matter said.

The move suggests that investigators have expanded the pool of people from whom they are seeking information in the wide-ranging criminal investigation into efforts by Mr. Trump and his allies to reverse his loss in the 2020 election and that agents are reaching into the former president’s direct orbit.

This week, F.B.I. agents in Florida tried to approach William S. Russell, a 31-year-old aide to Mr. Trump who served as a special assistant and the deputy director of presidential advance operations in the White House. He continued to work for Mr. Trump as a personal aide after he left office, one of a small group of officials who did so.

It was not immediately clear what the F.B.I. agents wanted from Mr. Russell; people familiar with the Justice Department’s inquiry said he has not yet been interviewed. But a person with knowledge of the F.B.I.’s interest said that it related to the grand jury investigation into events that led to the Capitol attack by Mr. Trump’s supporters.

That investigation is said to have focused extensively on the attempts by some of Mr. Trump’s advisers and lawyers to create slates of fake electors from swing states. Mr. Trump and his allies wanted Vice President Mike Pence to block or delay certification of the Electoral College results during a joint session of Congress on Jan. 6 to allow consideration of Trump electors whose votes could have changed the outcome.

At Rolling Stone, Adam Rawnsley and Asawin Suebsaeng offer a possible motive for at least some of Trump’s document pilfering: Trump Told White House Team He Needed to Protect ‘Russiagate’ Documents.

IN HIS FINAL days in the White House, Donald Trump told top advisers he needed to preserve certain Russia-related documents to keep his enemies from destroying them.

The documents related to the federal investigation into Russian election meddling and alleged collusion with Trump’s campaign. At the end of his presidency, Trump and his team pushed to declassify these so-called “Russiagate” documents, believing they would expose a “Deep State” plot against him.

According to a person with direct knowledge of the situation and another source briefed on the matter, Trump told several people working in and outside the White House that he was concerned Joe Biden’s incoming administration — or the “Deep State” — would supposedly “shred,” bury, or destroy “the evidence” that Trump was somehow wronged.

Trump’s concern about preserving the Russia-related material is newly relevant after an FBI search turned up a trove of government documents at the former president’s Mar-a-Lago residence.

Since the search, Trump has refused to say which classified government papers and top-secret documents he had at Mar-a-Lago and what was the FBI had seized. (Trump considers the documents “mine” and has directed his lawyers to make that widely-panned argument in court.) The feds have publicly released little about the search and its results.It’s unclear if any of the materials in Trump’s document trove are related to Russia or the election interference investigation. A Trump spokesperson did not respond to a request for comment.

I have a few more articles to share, but I’ll do it in the comment thread. Sorry this post is so late; my internet keeps going in and out.


Tuesday Reads

Good Afternoon!!

I was hoping we might hear something from the DOJ this morning, but so far they haven’t responded publicly to Trump judge Aileen Cannon’s ridiculous decision yesterday. According to The Guardian,

Lawyers for Donald Trump are conferring with justice department counterparts to come up by Friday with a list of possible candidates to be the “special master” approved by a district court judge over the former president’s hoarding of classified documents.

So far, I haven’t seen that reported anywhere else.

However, Hillary Clinton did make a public statement today in a Twitter thread.

The Daily Beast has a piece on Trump’s judge shopping. It turns out this isn’t the first time he tried to get Judge Cannon on a case: Trump Went Judge Shopping and It Paid Off in Mar-a-Lago Case.

When former President Donald Trump summoned up years of bubbling resentment and sued Hillary Clinton and everyone else involved in Russiagate earlier this year, he naturally filed his lawsuit in South Florida—home to his oceanside estate.

And yet, when his attorneys formally filed the paperwork, they selected a tiny courthouse in the sprawling federal court district’s furthest northeast corner—a satellite location that’s 70 miles from Mar-a-Lago. They ignored the West Palm Beach federal courthouse that’s a 12-minute drive away.

The tactic failed, and Trump instead got a Clinton-era judge whom he promptly tried to disqualify for alleged bias. U.S. District Judge Donald M. Middlebrooks called him out in a snarky footnote.

“I note that Plaintiff filed this lawsuit in the Fort Pierce division of this District, where only one federal judge sits: Judge Aileen Cannon, who Plaintiff appointed in 2020. Despite the odds, this case landed with me instead. And when Plaintiff is a litigant before a judge that he himself appointed, he does not tend to advance these same sorts of bias concerns,” Middlebrooks wrote in April.

This time Trump hit the jackpot.

Months later, Trump is once again suing in the Southern District of Florida, this time seeking to hamper the FBI investigation into the way he kept hundreds of classified records at Mar-a-Lago. Except this time, he got Cannon.

The strategy is already paying off.

On Monday afternoon, Cannon single-handedly hit the brakes on the most politically sensitive and consequential FBI investigation ever undertaken. Convinced by Team Trump’s legal arguments that the routine Justice Department methods for carefully handling seized documents aren’t good enough when investigating this particular former president, she ordered that a “special master” be tasked with playing referee to dictate what happens with classified documents that are evidence of a crime.

“The investigation and treatment of a former president is of unique interest to the general public, and the country is served best by an orderly process that promotes the interest and perception of fairness,” she wrote in her order.

Read the rest at The Daily Beast.

Charlie Savage at The New York Times: ‘Deeply Problematic’: Experts Question Judge’s Intervention in Trump Inquiry.

A federal judge’s extraordinary decision on Monday to interject in the criminal investigation into former President Donald J. Trump’s hoarding of sensitive government documents at his Florida residence showed unusual solicitude to him, legal specialists said….

Siding with Mr. Trump, the judge, Aileen M. Cannon, ordered the appointment of an independent arbiter to review the more than 11,000 government records the F.B.I. seized in its search of Mar-a-Lago last month. She granted the arbiter, known as a special master, broad powers that extended beyond filtering materials that were potentially subject to attorney-client privilege to also include executive privilege.

Judge Cannon, a Trump appointee who sits on the Federal District Court for the Southern District of Florida, also blocked federal prosecutors from further examining the seized materials for the investigation until the special master had completed a review.

In reaching that result, Judge Cannon took several steps that specialists said were vulnerable to being overturned if the government files an appeal, as most agreed was likely. Any appeal would be heard by the Court of Appeals for the 11th Circuit in Atlanta, where Mr. Trump appointed six of its 11 active judges.

Some of the expert reactions:

This was “an unprecedented intervention by a federal district judge into the middle of an ongoing federal criminal and national security investigation,” said Stephen I. Vladeck, a law professor at University of Texas….

Paul Rosenzweig, a former homeland security official in the George W. Bush administration and prosecutor in the independent counsel investigation of Bill Clinton, said it was egregious to block the Justice Department from steps like asking witnesses about government files, many marked as classified, that agents had already reviewed.

“This would seem to me to be a genuinely unprecedented decision by a judge,” Mr. Rosenzweig said. “Enjoining the ongoing criminal investigation is simply untenable.” [….]

“Judge Cannon had a reasonable path she could have taken — to appoint a special master to review documents for attorney-client privilege and allow the criminal investigation to continue otherwise,” said Ryan Goodman, a New York University law professor. “Instead, she chose a radical path.”

A specialist in separation of powers, Peter M. Shane, who is a legal scholar in residence at N.Y.U., said there was no basis for Judge Cannon to expand a special master’s authority to screen materials that were also potentially subject to executive privilege. That tool is normally thought of as protecting internal executive branch deliberations from disclosure to outsiders like Congress.

“The opinion seems oblivious to the nature of executive privilege,” he said.

The Justice Department is itself part of the executive branch, and a court has never held that a former president can invoke the privilege to keep records from his time in office away from the executive branch itself.

Read the whole thing at the NYT.

In other news . . .

From CNN this morning:

From the CNN article:

A Republican county official in Georgia escorted two operatives working with an attorney for former President Donald Trump into the county’s election offices on the same day a voting system there was breached, newly obtained video shows.

The breach is now under investigation by the Georgia Bureau of Investigation and is of interest to the Fulton County District Attorney, who is conducting a wider criminal probe of interference in the 2020 election.

The video sheds more light on how an effort spearheaded by lawyers and others around Trump to seek evidence of voter fraud was executed on the ground from Georgia to Michigan to Colorado, often with the assistance of sympathetic local officials.

In the surveillance video, which was obtained by CNN, Cathy Latham, a former GOP chairwoman of Coffee County who is under criminal investigation for posing as a fake elector in 2020, escorts a team of pro-Trump operatives to the county’s elections office on January 7, 2021, the same day a voting system there is known to have been breached.

The two men seen in the video with Latham, Scott Hall and Paul Maggio, have acknowledged that they successfully gained access to a voting machine in Coffee County at the behest of Trump lawyer Sidney Powell.

Text messages, emails and witness testimony filed as part of a long-running civil suit into the security of Georgia’s voting systems show Latham communicated directly with the then-Coffee County elections supervisor about getting access to the office, both before and after the breach. One text message, according to the court document, shows Latham coordinating the arrival and whereabouts of a team “led by Paul Maggio” that traveled to Coffee County at the direction of Powell.

Three days after the breach, Latham texted the Coffee County elections supervisor, “Did you all finish with the scanner?” According to court documents, Latham testified she did not know what Hall was doing in Coffee County. But when confronted with her texts about the scanner, she asserted her Fifth Amendment rights.

More from The Washington Post:

The new video adds to the picture of the alleged breach in Coffee County on Jan. 7, 2021, and reveals for the first time the later visits by Logan and Lenberg. It also provides further indications of links between various efforts to overturn the election, including what once appeared to be disparate attempts to access and copy election system data in the wake of Trump’s loss.

Experts have expressed concern that such efforts could expose details of voting systems’ hardware and software that are intended to be tightly controlled, potentially aiding hackers who might seek to alter the results of a future election. Data copied from elections systems in other states has been published online. Georgia state officials and voting-machine makers have downplayed the risk, pointing to safeguards that they say protect the systems from tampering.

The Post reported last month that a data forensics firm hired by the pro-Trump lawyer Sidney Powell copied software and data from the Dominion Voting Systems machines used by Coffee County. The Georgia Bureau of Investigation has said it is investigating the matter.

Details of the Coffee County incident have come to light largely because of a flurry of subpoenas and depositions by plaintiffs in a long-running federal lawsuit against Georgia authorities over the security of the state’s elections. Emails and other records they obtained from the data forensics firm, Atlanta-based Sullivan Strickler, showed that the Coffee episode was part of a coordinated multistate effort to access voting equipment in a hunt for evidence that the election was rigged….

The security footage shows only the exterior of the office’s entrance area, and it is not clear what the consultants Logan and Lenberg did inside….

David Cross, a lawyer who represents some of the plaintiffs in the civil case, said the additional visits raise questions about why the two men returned. “The biggest concern that we have is future elections,” said Cross, whose clients are pressing Georgia authorities to replace the state’s ballot-marking machines with hand-marked paper ballots.

Logan and Lenberg have played roles inthe multistate pursuit of voting machines by Trump supporters. Michigan Attorney General Dana Nessel (D) has asked for a special prosecutor to decide whether to pursue charges against them and others for allegedly conspiring to unlawfully access elections equipment in three counties there last year. Logan and Lenberg also provided affidavits as expert witnesses in a post-election lawsuit in Antrim County, Mich., after a judge granted SullivanStrickler access to Dominion Voting Systems machines there.

Another election interference story from David Folkenflick at NPR:

NPR: Fox producer’s warning against Jeanine Pirro surfaces in Dominion defamation suit.

The November 2020 email from an anguished Fox News news producer to colleagues sent up a flare amid a fusillade of false claims.

The producer warned: Fox cannot let host Jeanine Pirro back on the air. She is pulling conspiracy theories from dark corners of the Web to justify then-President Donald Trump’s lies that the election had been stolen from him. The existence of the email, confirmed by two people with direct knowledge of it, is first publicly disclosed by NPR in this story. Fox News declined comment.

Pirro was far from alone in broadcasting such false claims. In the weeks that followed Election Day 2020, other prominent Fox stars, commentators and their guests heavily promoted them.

A repeat target was Dominion Voting Systems, the election machine and technology company. Trump and his allies alleged on Fox that Dominion was engaged in a conscious effort to throw the 2020 race to Joe Biden. They implied and falsely asserted on Fox programs that Dominion’s machines and software either discarded Trump’s votes or transferred them to Biden. Dominion argues their false claims were frequently egged on by Fox’s own stars.

The producer’s email is among the voluminous correspondence acquired by Dominion’s attorneys as part of its discovery of evidence in a $1.6 billion defamation suit it filed against Fox News and its parent company. Dominion alleges it has been “irreparably harmed” by the lies, conspiracy theories and wild claims of election fraud that aired on Fox.

Pirro’s role remains under sharp scrutiny. She attended Trump’s belligerent address from the White House late on election night 2020 and advanced his arguments on the air.

Read more at NPR.

That’s it for me. I hope we’ll learn more about the DOJ’s response to Judge “Loose Cannon’s” decision during the course of the day. What other stories are you following?


Lazy Caturday Reads: Empty Folders Marked Classified, WTF?!

1920 Théophile Alexandre Steinlen Cat and Her Kitten charcoal and pastel on paper 46 x 61 cm

Cat and kitten, by Théophile Alexandre Steinlen, 1920

Happy Caturday!!

Yesterday we got new information about the highly classified documents Trump stole from the government and carelessly left lying around his office at Mar-a-Lago. In her Friday post, Dakinikat wrote about the empty folders marked classified and the boxes containing classified documents mixed with news clippings, and personal items like clothing. The inventory from the search also shows thousands of unclassified government documents, which also belong in the National Archives.

From The Los Angeles Times: Trump search inventory shows empty folders marked ‘classified,’ mixed top-secret and unclassified items.

Twenty-seven documents with classified and top-secret markings were recovered from former President Trump’s office at his Mar-a-Lago estate in Florida, according to a detailed inventory of what the FBI removed during its court-approved search of the home last month.

The eight-page inventory detailing more than 10,000 government documents removed in the search includes the location where each item was found and whether it was classified, but not the subject matter. In many cases, highly classified materials are listed as having been stored in the same boxes as hundreds of unclassified items, including newspaper and magazine clippings and clothing.

Among the boxes were 48 empty folders marked with a classified banner. Those empty folders could be of particular concern as the Office of the Director of National Intelligence assesses the risks to national security that could result from disclosure of the contents, because it could be difficult to determine what information might have been inside and where it is now….

FBI agents removed more than 100 documents containing classified information — including some marked top secret and meant to be available only in special government facilities — from the Trump estate during their Aug. 8 search, along with over 30 boxes of materials including thousands of government records.

What was in those empty folders?

Identifying what was in the empty folders marked classified and where the information is now should be a priority, said Rep. Sean Patrick Maloney (D-N.Y.), a member of the House Intelligence Committee.

“Why are there folders that contained classified information that are now empty? Where are the documents?” Maloney said. “Those questions need to be answered.”

1899 Paul Gauguin Still LIfe with Flowers and Cats oil on canvas

Still LIfe with Flowers and cats, Paul Gauguin, 1899

Without knowing more about the folders, it is difficult to say how alarmed intelligence officials might be, Maloney said.

They could be the type of generic folders in which confidential information is transported within the White House, or they could be folders from intelligence agencies that provide details about the sources of the information, the date it was collected and broad descriptions of what it is about, said Larry Pfeiffer, a high-ranking CIA officer in the George W. Bush administration and senior director of the White House Situation Room in the Obama administration.

“If there were any meticulous records that were kept by the staff secretary, executive secretary or the [director of national intelligence’s] presidential daily briefing staff, they may be able forensically to figure out if there are any missing documents,” Pfeiffer said.

That 48 classified documents could be missing is the “worst-case scenario,” he said.

“That’s terrifying, because then what happened to them? Where are they? Are they still hidden somewhere? Are they hidden in another Trump location? Did he give them away to some people as souvenirs? God knows,” Pfeiffer said.

Raw Story reported on what experts are saying about the empty folders: ‘Unfathomably dangerous’: Former federal prosecutor on Trump’s empty folders warns ‘things just went from bad to worse’

Immediately after a federal judge released the Dept. of Justice’s detailed list of items the FBI seized from Mar-a-Lago experts agreed among the most concerning details was that there were a large number of empty folders marked “Classified.”

Glenn Kirschner, a former federal prosecutor of 30 years, tweeted out his surprise and concern.

“OMG!” exclaimed Kirschner, who is also an MSNBC/NBC News legal analyst. “Court just released an inventory of evidence of crime seized at Mar-a-Lago.”

“Dozens of EMPTY folders labeled ‘Classified’ or ‘Return to Military Aide.’ Trump didn’t pack up EMPTY folders to take with him to FLA. Things just went from bad to worse to unfathomably dangerous.” [….]

Andrew Weissmann, a former General Counsel of the Federal Bureau of Investigation who has also worked as chief of the criminal fraud section of DOJ observed: “It’s the empty classified folders that are of most concern.”

“Where are the contents? Trump has not addressed that at all in all his bluster and obfuscation. What were you doing with these?” asked Weissmann, who also worked for Special Counsel Robert Mueller….

National security attorney Brad Moss wrote, “Very first question the FBI would ask the person who had in their home office 43 empty folders with classified banners is ‘where did the documents from those folders go????'”

And later he added: “Why. Are. There. Empty. Folders?”

Young Girl with a Cat 1892, Berthe Morissot

Young Girl with a Cat 1892, Berthe Morissot

Analysis from Aaron Blake at The Washington Post: What we know about Trump and the empty folders.

We know very little about what this [the empty folders] means right now, though, and experts say it doesn’t necessarily mean the documents are missing, as some Trump critics theorized. What it does seem to reinforce is how sloppily classified information was handled.

In both the search warrant affidavit released last week and a Justice Department filing in a court case this week, the government has pointed to a February referral from the National Archives. The referral raised concerns about Trump’s potential mishandling of sensitive documents and urged an investigation.

“Of most significant concern was that highly classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] identified,” the National Archives said.

The biggest question is obviously: Why were those folders empty? Since classified documents were previously returned “unfoldered” — and others were recovered in the search last month — and now we have classified-marked folders without documents in them, it’s possible they match up.

Whether they actually do match is another matter, as is whether the documents can even be traced to a given folder.

From a national security expert:

David Priess, a former CIA officer whose work there included delivering the President’s Daily Brief, said Friday that the presence of empty folders doesn’t mean documents are missing, but also that it’s possible we won’t know for sure. He said the folders could contain markings allowing them to be traced to specific documents (but that’s not certain), or that they could be connected using forensic techniques.

“We cannot rule out that those empty folders contained classified documents that were not discovered in the search and seizure,” he said. “We just don’t know. That’s much harder to determine.”

He also noted it was possible that the folders were separated from the documents when they were still in the White House, before they were taken to Mar-a-Lago.

But mostly, he said, it’s further evidence of something we already knew: The documents were haphazardly stored.

There’s more analysis at the WaPo link.

Carl Kahler Family Portrait

Family Portrait, Carl Kahler

It’s not just the documents that were found in Trump’s office that were mishandled. The Washington Post published a long read yesterday on the storage room where boxes of documents were stored and why Mar-a-Lago was such a dangerous place for government documents to be kept: Deep inside busy Mar-a-Lago, a storage room where secrets were stashed. The storage room is below the estate’s giant living room.

It was dug into the foundations of the early 20th-century building not long after Trump bought the place, a former employee said, carved out to create more space to store tables, chairs, umbrellas — the stuff necessary to complete Trump’s conversion of what had once been a grand residence for a single family into a private club for 500 members.

At the southeast corner of this area, behind a simple door, is a large closet-type space that workers once called “the mold room” in honor of leftover stonework molds deposited in the corner, the former employee said. Today, staffers think of the room more like the former president’s personal closet, one said. It is here, in this windowless nook, where some of the nation’s most sensitive secrets allegedly were stashed….

Court filings say a top Justice Department official and a gaggle of FBI agents were allowed to tour the storage room when they visited Mar-a-Lago on June 3 to pick up classified documents collected by Trump’s lawyers in response to a grand jury subpoena. A lawyer for Trump saidthe room was where they would find all of documents that had been carted from the White House to Florida after Trump left office.

Two months later, agents returned with a court-approved search warrant and carted off more than two dozen boxes of documents and assorted other items gathered from the storage room and the former president’s office. The raid exposed anew the potential risks of keeping highly sensitive material at a club that hosts weddings, galas and other large events, where outsiders are common and many employees — as well as some visitors — are foreign nationals.

Not yet clear is why Trump chose the basement storage room to keep highly sensitive documents nor who exactly had access to the documents kept there — or who could have gotten access had they tried….

People close to Trump said a variety of Mar-a-Lago and Trump staffers had access to that area beneath the public living room. Access to the closet where the documents were kept was more restricted, they said.

1890-99c John White Alexander The Green Dress oil on canvas 99.1 x 53.3 cm Private Collection

John White Alexander, The Green Dress, 1890-99

More on security concerns at Mar-a-Lago:

Experts said security at the Spanish-style club has long been a headache. The facility has served a frequent residence for Trump and his family during the winter months, including while he was president. But it also boasts tennis courts, a dining room, two pools, a spa and beachfront facilities, all open to its members and their guests. Its giant ballroom and other larger areas are frequently booked for large parties and political and charitable fundraisers, all open to even more visitors, some of them foreign nationals.

Since Trump left office, Republican candidates also have flocked to the club for official events, to genuflect to Trump and attempt to secure his endorsement. Political donors have flocked, too. People who have visited the club since Trump left office said they were allowed in without so much as an identification check.

“I think Mar-a-Lago is a counterintelligence nightmare,” said Joel Brenner, former head of U.S. counterintelligence under the director of National Intelligence and former inspector general for the National Security Agency, citing the flow of hundreds of people, the presence of foreign nationals and Trump’s long-established carelessness with national secrets.

A person who is familiar with the club’s workings and spoke on the condition of anonymity described regular movement from club facilities to the basement and back. “This is an operating property,” this person said. “There’s a kitchen and a guy who does pastries and a liquor cabinet. There’s a restaurant here. You see activity. A guy getting vodka to bring to the bar. A person going to get cupcakes to bring upstairs.”

As I said, this is a very long, but interesting article.

Two more developments on the purloined documents story:

Bill Barr spoke out on the stolen documents investigation. The New York Times: Barr Dismisses Trump’s Request for a Special Master.

Former Attorney General William P. Barr dismissed former President Donald J. Trump’s call for an independent review of materials seized from his Florida home on Friday — and said an inventory of items recovered in the search last month seemed to support the Justice Department’s claim that it was needed to safeguard national security.

“As more information comes out, the actions of the department look more understandable,” Mr. Barr told The New York Times in a phone interview, speaking of the decision by the current attorney general, Merrick B. Garland, to seek a search warrant of the complex at Mar-a-Lago.

“It seems to me they were driven by concern about highly sensitive information being strewn all over a country club, and it was taking them almost two years to get it back,” said Mr. Barr, who resigned in December 2020, as Mr. Trump pushed him to support false claims that the election had been stolen.

“It appears that there’s been a lot of jerking around of the government,” he added. “I’m not sure the department could have gotten it back without taking action.”

Asked what he thought of the argument for the appointment of a special master, an independent arbiter to review the material that could delay the investigation, Mr. Barr laughed.

1909 Pierre Bonnard Children and a Cat oil on canvas 54.6 x 69.5 cm The Phillips Collection, Washington, DC

Pierre Bonnard, Children and a Cat, 1909

“I think it’s a crock of shit,” he said, adding, “I don’t think a special master is called for.” [….]

Mr. Barr’s comments, which echo the assessment of many Democrats and a few Republicans, including the former Bush adviser Karl Rove, came as Mr. Trump’s supporters tried to downplay the importance of the inventory unsealed by a federal judge in Florida.

The eight-page document, which was made public with the tacit assent of the former president’s lawyers, revealed that the F.B.I. recovered 11,179 documents or photographs without classification markings belonging to the government, and more than 100 others marked top secret, secret or confidential.

“It’s hard to wrap your head around him taking so much sensitive materials,” Mr. Barr said. “I was, let’s just say, surprised.”

Mark Meadows coughed up some records in the wake of the events at Mar-a-Lago. CNN: After Mar-a-Lago search, Meadows turns over more texts and emails to Archives.

Within a week of the FBI search of former President Donald Trump‘s Mar-a-Lago resort, former White House chief of staff Mark Meadows handed over texts and emails to the National Archives that he had not previously turned over from his time in the administration, sources familiar with the matter tell CNN.

Meadows’ submission to the Archives was part of a request for all electronic communications covered under the Presidential Records Act. The Archives had become aware earlier this year it did not have everything from Meadows after seeing what he had turned over to the House select committee investigating January 6, 2021. Details of Meadows’ submissions to the Archives and the engagement between the two sides have not been previously reported….

The records Meadows turned over to the Archives were not classified, and the situation is markedly different from the Archives’ efforts to retrieve federal records from Trump and its referral to the Justice Department earlier this year when classified materials were discovered among documents the agency retrieved from Mar-a-Lago.

The source familiar with the discussions said that the Archives considered Meadows to be cooperating, even though the process started slowly.

“This is how it’s supposed to work,” the source added, saying it was not the kind of situation that needed to be referred to the Justice Department.

As you can see, I’m still totally obsessed with the stolen documents story. There are actually other things happening, and I’ll post some more items in the comment thread. I hope you’ll do the same.


Thursday Reads

Good Morning!!

As I was starting my day, I discovered that my internet was down. It finally came back, and I’ve been belatedly looking around at the latest news. Every day it gets crazier and crazier. Why did I ever think we could be rid of Trump if he lost the 2020 election? Fat chance. Will he ever go away? Maybe if he finally goes to prison or dies of old age. In the meantime, we’re stuck with a dangerous high profile lunatic who may have the ability to destroy not only our democracy, but also our national security.

How many of those top secret documents did Trump read or share with visitors to his office–where documents were stored in boxes and even in his desk?! What if he decides to reveal government secrets on Truth Social or in TV interviews? Some Democrats are worried he could do something that insane.

The Daily Beast: Dem Lawmakers Grow Concerned Trump May Spill State Secrets.

The damning photograph that the Department of Justice released Tuesday night, showing classified documents spread out across the carpeted floor at Mar-a-Lago, confirmed that former President Donald Trump had kept records related to intercepted communications—possibly involving secret spy satellites or surveillance aircraft.

And the sensitive nature of those secrets, coupled with Trump’s particularly unhinged behavior in recent days, has many Democratic lawmakers nervous.

In the photo released late Tuesday, some of the documents were labeled “TOP SECRET.” Others were just “SECRET.” But either way, the White House memos cautioned that they should severely limit access to details contained within. Some of the documents can be seen with the “NOFORN” marking, indicating that no foreign nationals should ever lay eyes on them.

All of the visible cover sheets warned that the contents were “HSC-P/SI/TK,” meant to signify that the secrets they held inside were strictly controlled, clandestinely captured, and involving possible aerial reconnaissance, respectively.

1200x-1Adding to the chaos, in the hours before and after that DOJ disclosure, Trump showed himself to be increasingly volatile, taking to his own social media app to share bizarre conspiracy theories about Hunter Biden’s laptop, Q-Anon cult material, and assert that the records he had are, in fact, no longer restricted.

“Thought they wanted them kept Secret? Lucky I Declassified!” Trump’s personal account posted Wednesday morning.

The implied threat is that he could, if he so desired, reveal them at any time….

“I would not leave it beyond him to do something as insane as that. When someone is cornered, they make very bad decisions, and Donald Trump is in a very bad situation right now. We don’t know what he will do,” Rep. Ted Lieu (D-CA) said in an interview with The Daily Beast.

Read remarks from several other Congresspeople at the link. Just a bit more:

The damage assessment currently underway by the office of Director of National Intelligence Avril Haines will take into account what could happen if these secrets were exposed. And the FBI has seized surveillance video footage from Mar-a-Lago that might show who handled those records without permission this past summer.

But Trump continues to rage-post online, which is why Rep. Jared Huffman (D-CA) warned that the threat is ongoing.

“Here’s what makes it truly scary: Trump is weirdly attached to all of this ‘Top Secret’ information, he constantly throws tantrums, and he has an insatiable desire for attention including on social media,” Huffman said. “Since he no longer has White House china to smash, his next tantrum might be blurting out sensitive national secrets on Truth Social, or calling his pal [Vladimir] Putin to divulge or even sell information. With anyone else these would seem like crazy scenarios, but not with Trump.”

From Andrew Feinberg at The Independent: ‘We’re gonna blind ourselves’: Ex-intel officials say Trump’s document hoarding could ruin years of work.

Former president Donald Trump’s hoarding of highly classified national defence information at the Palm Beach, Florida, home could bring about a level of damage to US intelligence operations not seen in decades, according to current and former intelligence community officials and experts who spoke to The Independent.

A Tuesday court filing from the Department of Justice laid out just how many documents containing America’s most sensitive secrets were recovered from the ex-president over the last nine months.

More than 100 “unique documents with classification markings” were seized from his Mar-a-Lago club during an 8 August search by FBI agents, including three stored in Mr Trump’s desk. Classification levels ranged from confidential — the lowest level of classification in the US system — to the highest, top secret.

The department also said “certain documents” found at Mr Trump’s property bore markings denoting them as containing “sensitive compartmented information”, a designation reserved for extremely closely held secrets often involving intelligence sources and methods or nuclear weapons. Those 100 joined another 38 documents which FBI agents recovered from Mr Trump’s counsel during a 3 June meeting at Mar-a-Lago, plus another 184 documents which National Archives and Records Administration officials brought back from Florida in a set of 15 boxes Mr Trump allowed them to retrieve in January.

What national security experts told The Independent:

The experts who spoke with The Independent have decades of combined experience dealing with the most sensitive information, ranging from battlefield intelligence meant to disrupt terrorism networks to human intelligence gathered from clandestine assets and the highly technical signals intelligence collected by the National Security Agency.

All of them expressed fears that Mr Trump’s retention of such closely held secrets in a notoriously insecure facility — and one that has long been known to be a target of foreign intelligence services — will lead the US government to undertake what will be a unilateral degradation of American intelligence capabilities, on the assumption that whatever programs described in the papers stored at Mar-a-Lago may already have been or will soon be compromised.

David Priess, a former CIA intelligence officer who delivered daily intelligence briefings to then-FBI Director Robert Mueller and other top officials during the George W Bush administration, told The Intependent in a phone interview that it’s possible that some programmes that may be compromised by Mr Trump’s retention of documents in such a public place could still be salvaged if the documents in question are not specific as to intelligence sources or methods….

“It’s likely that some of the information is going to lead to some at least some serious investigation and possibly some actual shutdowns of some collection,” he said.

Another former CIA analyst, who asked for anonymity because they now hold another sensitive position in the US government, said Mr Trump’s retention of documents pertaining to “HUMINT” — human intelligence that is often gathered with the aid of sources recruited in hostile countries over a period of years — could lead intelligence officials to pull the plug on long-running operations and possibly could force them to mount operations to extract operatives or assets to safety.

“There’s a good chance someone at Langley is now trying to figure out how to exfiltrate some very helpful folks from very unfriendly places,” they said.

Feinberg notes that this already happened in 2017, when Trump blabbed about a secret operation to Sergey Lavrov and Russian Ambassador Sergey Kislyak in the Oval Office.

Meanwhile, Trump’s incompetent lawyers are blabbing scary stuff. Alina Habba, who previously represented a parking garage company, thinks violating the espionage act is a “mundane” crime.

And she says that she has been in Trump’s office–where he was storing top secret documents in his desk and in boxes, and so have lots of other visitors.

https://twitter.com/petestrzok/status/1565159612432744451?s=20&t=b9701kNKbmJX61eDUQ9Z_w

Today at 1PM, Judge Aileen Cannon will hold a hearing on whether she should appoint a “special master” to examine the documents the FBI seized from Mar-a-Lago. Tierney Sneed at CNN: What to watch for at Thursday’s hearing in Trump’s bid for a special master over documents seized at Mar-a-Lago.

After an explosive court brief and picture of classified documents from Mar-a-Lago earlier this week, the Justice Department will argue in court Thursday against a request by former President Donald Trump that a so-called special master be appointed in to review the evidence the FBI seized at his Florida resort last month.

US District Judge Aileen Cannon will be considering whether to bring in third party oversight of the Justice Department, in which an outside attorney would in theory identify and filter out evidence that should be withheld from investigators because it was privileged.

Arguing it is unnecessary, prosecutors in court filings Tuesday night provided new details about its investigation into whether classified government documents were illegally mishandled. Lawyers for the former president, who filed a lawsuit last week seeking the appointment, meanwhile argued in a Wednesday night court filing that the Justice Department could not be trusted, as Trump claimed the search itself was unjustified.

Cannon previously signaled an inclination toward granting Trump’s request, but that was before the Justice Department’s dramatic filing this week.

Sneed lists the following questions to watch for (Read details at the CNN link):

 — How sharply does DOJ go after Trump’s spin?

 — How are the dynamics on Trump team playing out?

 — Does the judge recalibrate her approach?

 — If the judge grants the special master review, what does it look like?

As you know, over the past two days, first the DOJ and then Trump lawyers turned in filings with their arguments about Trump’s request for a special master. The DOJ strongly opposed the request in a longer than usual argument (35 pages) on Tuesday; Trump’s team responded with their arguments in favor yesterday. Today journalists are reporting new insights into the two opposing filings. 

Two more relevant reads:

Barbara McQuade at The Daily Beast: Are Trump’s Passports the FBI’s Smoking Gun?

According to DOJ’s recent brief, classified documents in that office were “commingled” in a desk drawer with three passports. While the government did not disclose the name on the passports, Trump himself has complained that during the search, the FBI “stole” his three passports. It seems a safe bet that the passports DOJ recovered were Trump’s.

The significance of the passports is enormous. As DOJ explained in an understated footnote, “The location of the passports is relevant evidence in an investigation of unauthorized retention and mishandling of national defense information.”

In other words, the presence of the passports in the same drawer as the classified records tends to tie the unauthorized possession of these documents to Trump himself. A photo included with the filing shows the items that were recovered from his office. Among the classification markings on the documents are “Top Secret,” meaning that the disclosure of the material could cause exceptionally grave damage to the national security of the United States.

A routine practice in drafting search warrants is to include a request to seize identity documents that can connect the subject of the investigation with the premises. That helps to make the evidentiary tie between the person and any contraband that might be found at the location. For example, if searching for illegal drugs in a house where multiple people come and go, agents will seek authority to seize identity documents like a driver’s license, photographs or other personal possessions located in the same room as the contraband. Finding both of these items together tends to connect the person to the contraband. Here, the presence of Trump’s passports alongside the classified documents supports an inference that he himself possessed the classified documents.

To the extent Trump may be inclined to pin all blame on his lawyer who signed a document in June attesting that all of the classified documents had been returned, the documents in his personal desk drawer are a problem for him. The former president would need to explain away the notion that he himself possessed these documents long after the government asked for their return, and despite personal assurances from Trump when Counterintelligence Section Chief Jay Bratt visited Mar-a-Lago in June to inspect the storage of documents. At the time, Trump told Bratt, “Whatever you need, just let us know.”

The former president’s continued retention of the documents, even after the repeated requests to return them, suggests a willful violation of the law.

Read more at The Daily Beast.

The Washington Post: Justice filing points to new legal trouble for Trump and lawyers, experts say.

Newly public details from the Justice Department’s criminal probe of documents taken to Mar-a-Lago suggest enormous legal peril for two of Donald Trump’s attorneys  and considerable uncertainty for Trump himself, intelligence and legal expertssaid.

There’s no way to predict whether the Justice Department will ultimately pursue charges against the former president or his associates. But in a court filing Tuesday night, government lawyers recounted numerous instances in which Trump’s lawyers allegedly misled government officials during the investigation, and in which Trump or his team appear to have haphazardly handled materials that contained national security secrets.

The evidence laid out in the filing, experts said, could build a legal case that Trump attorneys Evan Corcoran and Christina Bobb obstructed the government’s investigation, allegedly telling FBI agents and prosecutors that they had handed over all classified documents when in fact many remained in Trump’s possession.

Left unanswered were key questions that could determine Trump’s legal fate: Did he direct Corcoran and Bobb to mislead the government, either before or after the FBI raid of his Florida home and club?

And, if so, why did he want to keep reams of top-secret classified documents there?

“It’s bad,” said Peter Lapp, a former FBI agent who worked on espionage cases and is now a private consultant. “It’s all pretty damning.”

Read the rest at the WaPo.

I’ll end there. I’ll be hanging out on Twitter to watch for reports from Judge Cannon’s courtroom. I hope there will be a quick resolution. If she does favor a special master, I wonder if the DOJ will appeal? What do you think? What other stories are you following?


Tuesday Reads

Sunshine,, by Mary Gibbs

Sunshine, by Mary Gibbs

Good Morning!!

Many of you know that I was born in North Dakota and have a long family history there as well as in Minnesota. We moved away when I was a child; but both sets of grandparents were still there, so we often went back to visit. I’m the eldest child in my family, and my other siblings don’t remember much, if anything, about North Dakota, or even about our paternal grandparents. My mother’s parents eventually moved to Indiana.

I’ve heard stories about North Dakota from my parents all my life and I guess for that reason, I still have an emotional attachment to the place. I took two trips up there with my parents, and we found the places my parents were born and grew up–my Dad in Fargo and my Mom in Hope and Lisbon. we also visited the North Dakota State campus in Fargo, where my parents met in a political science class, and Grand Forks, where my Dad got his masters degree at the University of North Dakota. We also explored the Theodore Roosevelt National Park and visited several historical sites. 

It might sound strange, but when we were there, I had a real sense of belonging, a feeling that “This is where I came from.” Now my Dad is gone and my Mom has lost most of her memories–at least she can’t talk about them anymore. My Mom used to tell me that I was the only one who could carry on those memories for them.

Do I sound nuts? I don’t know. What triggered this reverie was an article in Smithsonian Magazine: See the Incredible Sunflower Superbloom in North Dakota.

North Dakota is one of the nation’s top sunflower-producing states, using the cheery yellow flowers for everything from bird seed mixes to cooking oils.

But before North Dakota’s many hardworking farmers start to harvest this tasty crop, the state comes alive with the golden hue of thousands upon thousands of sunflowers, all blooming together at the same time.

Known as a “superbloom,” the jaw-dropping phenomenon occurs every year toward the end of summer. Spring planting was delayed this year in North Dakota and other northern states because of cold, wet weather—but that also means that sunflowers in some parts of the state are still blooming.

Right now, many of the state’s sunflower fields are in peak bloom, with nearly all flowers showing off their delicate yellow petals. As such, the state has earned a reputation as “the best place in the United States to experience the vast sunflower blooms,” says Sara Otte Coleman, North Dakota’s tourism director, in a statement.

I found this interesting:

Blooming Sunflowers, Boris Eremin, Ukrainian artist

Blooming Sunflowers, Boris Eremin, Ukrainian artist

Ukrainian immigrants first began planting sunflowers when they moved to North Dakota in the late 19th and early 20th centuries following the passage of the Homestead Act of 1862. Sunflowers are still an important plant for Ukrainians, both symbolically and economically. Before the Russian invasion of Ukraine in February, Ukraine was the largest exporter of sunflower oil in the world, though the war has largely halted production, per the New York Times’ Christine Hauser.

As well as this scientific fact:

When they’re young, sunflowers turn their heads toward the sun as it moves in the sky, a behavior known as heliotropism. But as they mature and start to produce seeds, they mostly point east, which scientists have learned helps the plants attract bees and ultimately reproduce.

Quite a few artists have painted sunflowers, and I’ve illustrated this post with some of those works.

 

On to today’s news…

Trump is melting down on his imitation twitter. So far, he has posted 60 times on Truth Social, including highlighting garbage from Q-anon and 4-chan.

Jake Epstein and Nicole Gaudiano at Insider: Trump posts dozens of memes attacking Biden, the FBI, and others as the former president’s allies beg him to keep quiet.

In the weeks since the FBI’s unprecedented search of Donald Trump’s Mar-a-Lago estate, the former president’s allies have pleaded with him to stop publicly commenting on the raid and fight the Justice Department’s investigation in the courts.

Trump isn’t listening.

On Tuesday morning alone, Trump has taken to his Truth Social platform over four dozen times to share memes and posts attacking his political enemies. Some posts are memes attacking President Joe Biden or other Democrats, while others are baseless election fraud claims or attempts to delegitimize the FBI. 

One post in particular from Tuesday morning shows a photo of Trump with the false caption, “TRUMP WON,” in reference to the 2020 presidential election. The former president then reposted the photo and wrote that the “FBI has advanced this fact even further.” 

Another post included a photo with a caption that read: “81 million votes… and I’ve never seen a pro Biden hat, shirt or flag in my life.” Trump reposted the photo and said, “It is rather amazing, isn’t it?”

Trump earlier demanded in an all-caps filled message that he be reinstated as the “rightful winner” of the presidency or that a new election for president be held “immediately” — a request with no basis in constitutional law. 

If only there were some way to speed up the investigation and take this man off the streets.

Please, let him go to jail. . . please.

Republicans are getting nervous about what Trump’s insane behavior will mean for them in the upcoming midterm elections. Politico: ‘There’s enormous frustration’: Trump forces Republicans off-script… again.

The investigation into Donald Trump’s handling of classified national security records is forcing Republicans into a strained defense during a pre-midterm sprint in which they’d much rather be talking about Joe Biden.

After having decried the FBI’s search of the ex-president’s home, many Trump defenders went silent uponthe release on Friday of the probable-cause affidavit that revealed the extent of Trump’s efforts to hold onto the top-secret documents. GOP worries about the developments of the case and Trump announcing a 2024 run before November are giving way to a subtle, broader warning about putting the former president too much on the ballot this fall.

“Republicans should focus on defeating Democrats, and every Democrat should have the word Biden in front of their name,” said Trump ally and former Republican Speaker Newt Gingrich. “The Republican focus should be to win the election in November. Trump will do a fine job defending himself. He’ll be fine.”

4-sunflowers-claude-monet

Sunflowers, by Claude Monet

Some top Republicans acknowledge the growing angst and concern, as it’s become clearer that Trump may have been warehousing some of America’s most sensitive secrets in an unsecured basement — and even refused to turn them over when the National Archives and Justice Department tried to recover them. One top Republican fundraiser asked to describe the mood among donors, said, “There is enormous frustration.”

“The question is, is there willingness to express that frustration,” the fundraiser added. “I don’t know the answer to that. But there is real frustration, and with the exception of people who are too stupid to understand the need to be frustrated, it is nearly universal.”

Strained defenses and private frustrations are familiar emotions for some Republicans during the Trump era. But the stakes are particularly high this fall, with projections of a red wave in the House getting dimmed to a smaller GOP majority and as Sen. Chuck Schumer appears potentially poised to remain in control of the Senate.

Republican hopes for winning back the Senate are looking worse all the time. Sahil Kapur at NBC News: Here are the signs Republicans’ hopes for a ‘red wave’ are receding ahead of the 2022 elections.

Last fall, Republicans held high hopes of a “red wave” in the 2022 elections after they stormed to power in blue-leaning Virginia and nearly won the governor’s race in New Jersey. While Democrats were demotivated, the GOP base was on fire.

But in recent weeks, numerous data points have indicated Republican prospects of a smashing victory are dimming. While the president’s party tends to perform poorly in midterm elections, there are signs it is shaping up to be an unusual year, potentially enabling Democrats to hold one or both chambers of Congress.

Some of the bad signs for the GOP:

  • A Democratic victory in a bellwether election. The starkest sign of a shifting landscape came last week in the Hudson Valley, a highly competitive district north of New York City that has mirrored the national landscape for years. It voted for Joe Biden in 2020, Trump in 2016 and Barack Obama in 2012. In a red wave climate, Democrats would have no business winning the special House election. Yet Democrat Pat Ryan defeated Republican Marc Molinaro in a test of each party’s preferred message. Ryan ran on protecting abortion rights, combating gun violence and battling corporate greed, while Molinaro sought to make the election a referendum on Biden, inflation and “one-party” rule in Washington.
  • Persuadable voters are trending toward Democrats. The latest NBC News poll, conducted this month, included an unusual finding for midterm elections: Persuadable voters in the midterm election are tilting toward Democrats, the party in power. This group accounts for about 25% of respondents, who float between the parties and tend to be male, moderate, independent and exurban. They preferred Republicans by 6 points in the combined NBC News polls of January, March and May. But in the August poll, they leaned toward Democrats by 3 points.
  • The GOP’s “enthusiasm” edge is shrinking. In March, the NBC News poll found that Republicans held a 17-point “enthusiasm” advantage over Democrats — that is, their voters were more likely to express high interest in voting this fall. In the August poll, the GOP advantage fell to 2 points.
  • Mitch McConnell is downplaying expectations in the Senate. McConnell, the Republican leader, isn’t sounding too bullish about his prospects to capture control of the Senate, having predicted just two weeks ago, “There’s probably a greater likelihood the House flips than the Senate.” That may be a product of the shifting environment, along with a phenomenon McConnell described as “candidate quality.” A series of first-time Republican contenders are struggling in competitive races against seasoned Democratic politicians. Recruitment failures in states like New Hampshire and Arizona have led GOP governors to decline to run.

Read the rest of the bad omens at the NBC link.

the-sunflower-1907, Gustav Klimt

The Sunflower, by Gustav Klimt, 1907

Today is the day the DOJ is supposed to file it’s response to the Trump request for a Special Master to review the government documents that the FBI recovered in its search of Mar-a-Lago. Yesterday the judge agreed the DOJ response could be 40 pages long. It looks like Merrick Garland is planning to spell out in detail what Trump is suspected of doing.

Tierney Sneed and Paul LeBlanc at CNN: DOJ to file lengthy response to Trump’s request for a special master to oversee Mar-a-Lago search review.

The Justice Department on Tuesday will file publicly in court its response to former President Donald Trump’s bid for a special master to oversee the FBI’s review of materials seized in the Mar-a-Lago search.

The agency was granted permission by Judge Aileen Cannon of the Southern District of Florida to file up to 40 pages after it said the 20-page limit set by the local rules of the court wasn’t sufficient to “adequately address the legal and factual issues raised by” Trump’s filings.

Cannon, a Trump appointee, did not set a specific deadline for the Justice Department’s filing beyond requesting it “on or before” Tuesday. The judge also ordered the agency to file under seal more details about what it seized from Trump’s resort, and a notice laying out the status of its review of the materials.

Trump must file his reply to the Justice Department by 8 p.m. ET Wednesday night, per Cannon’s order, and the judge has scheduled a hearing for Thursday to consider Trump’s request for a special master — a third-party attorney appointed by a court to oversee part of a certain case. Notably, Cannon has already signaled a “preliminary intent” to grant Trump’s request, which could bring new complications to the DOJ’s closely watched investigation.

Yesterday the DOJ said it has already reviewed the documents.

The Justice Department, meanwhile, has already signaled that it is using an internal filter team to review the seized items and separate material that could be subject to privilege claims.

In a court filing Monday, the agency said it has identified “a limited set of materials” from its search of documents taken from Mar-a-Lago that potentially contain material covered by attorney-client privilege and is in the process of addressing privilege disputes.

Meanwhile, Trump has hired a new attorney who may be more competent than that ones currently representing him. Marc Caputo at NBC News: Trump hires former Florida solicitor general in criminal probe of Mar-a-Lago documents.

Chris Kise, Florida’s former solicitor general who served on Gov. Ron DeSantis’ transition team, inked a contract to represent Donald Trump in the criminal case that resulted in the FBI search of the former president’s home in Mar-a-Lago, according to two sources with knowledge of the discussions.

twelve-sunflowers-in-a-vase-Vincent Van Gogh

Twelve sunflowers in a vase, by Vincent Van Gogh

Kise, who declined to comment, began negotiations with Trump shortly after the FBI’s search of his Palm Beach estate Aug. 8. Numerous other criminal defense attorneys have said they couldn’t represent the former president in the Southern District of Florida, citing the all-consuming job of representing Trump or his reputation as a penny-pinching problematic client with a history of having rival advisers who backstab one another, according to five people with knowledge of the legal effort.

Other attorneys declined because their firms wanted to avoid the political blowback of representing such a divisive figure, according to those in Trump’s orbit who say thatKise is considering leaving the firm of Foley & Lardner — where he had briefly represented Venezuela’s government two years ago when hostilities with the United States ran high — to take the job.

Kise has won four cases before the U.S. Supreme Court and numerous ones before the Florida Supreme Court, and he also has a reputation as a skilled political knife fighter. In the waning days of the 2018 governor’s race, Kise widely publicized damaging information about Democrat Andrew Gillum secretly accepting free tickets to the Broadway show “Hamilton” from undercover FBI agents, in contravention of Florida’s ethics laws. Gillum, who denied wrongdoing, went on to narrowly lose to DeSantis and was indicted earlier this year following the FBI investigation.

Read the rest at the link.

We’ll have to wait until Thursday for the hearing in Judge Cannon’s court to learn more about how the investigation of Trump’s theft of highly classified government documents is going. Personally, I can’t wait!

What’s on your mind today? Please feel free to discuss any topic you wish in the comment thread below.