Labor Day Reads: Judge shopping Pays Off

Card Players, Hal Woodruff, 1958

Happy Labor Day, Sky Dancers!

A Trump-appointed Federalist Society Judge took a radical view toward the law regarding Presidential Documents and ordered a Special Master to review the documents seized during the search of his Mar-a-Lago country club. This is from NBC: “Judge grants Trump’s special master request, delays parts of a criminal probe. The Trump-appointed judge dismantled Justice Department arguments and said the unique case called for a neutral review of documents the FBI seized at Mar-a-Lago”.

In a major blow for the government, a federal judge approved former President Donald Trump’s request for a special master to oversee all the evidence the FBI seized last month from his Mar-a-Lago estate and temporarily blocked parts of the Justice Department’s investigation.

U.S. District Judge Aileen Cannon — a Trump appointee — said in her ruling Monday that the special master should be able to review the documents seized to address both questions of attorney-client privilege and also to litigate claims of executive privilege.

Government employees screening the documents had only set aside ones that may have been protected by attorney-client privilege and argued that executive privilege was not at play here.

“In addition to being deprived of potentially significant personal documents, which alone creates a real harm, Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public,” she wrote.

Trump had requested that a special master, a third party attorney, review the material seized on Aug. 8 to assess for potential attorney-client or executive privilege issues.

Trump’s attorneys argued in a recent court filing that “left unchecked, the DOJ will impugn, leak, and publicize selective aspects of their investigation with no recourse for [Trump] but to somehow trust the self-restraint of currently unchecked investigators.

The Justice Department had argued against the special master request, saying that a special master “is unnecessary and would significantly harm important governmental interests, including national security interests.” In a statement on Monday, DOJ Spokesman Anthony Coley said, “The United States is examining the opinion and will consider appropriate next steps in the ongoing litigation.”

Cannon allowed a national security review of the records to continue but temporarily blocked the government from reviewing and using them for its “investigative purposes.” She systematically rejected the DOJ’s arguments that Trump’s special-master request was filed too late, was superfluous and that Trump had no right for review because he didn’t own the documents in question that were seized.

Cannon did not immediately grant Trump’s request to get back more of his property more quickly.

Legal analysis by lawyers and scholars has not been kind to the judge. Just so you know, there is no such thing in law as a “special master” to review “executive privilege”.

This is astounding. How does he get away with this?

Many lawyers online Lawyers question how a former President can claim executive privilege against the Justice Department since it is part of the executive branch.

Explanations provided by the judge do not appear based on law or precedent. This is from Rolling Stone: “Trump Is Getting the ‘Special Master’ He Asked for in the FBI Mar-a-Lago Case. Florida Judge Aileen Cannon has granted former President Donald Trump’s request for a “special master” to review seized documents.” This is written by Nikki McCann Ramirez.

But Monday’s ruling does in part grant the late request from Trump’s lawyers to stop the DOJ from reviewing documents collected in the department’s investigation of Trump’s retaining and handling of classified materials.

In the ruling Cannon, cited concerns over the potential damage to Trump should materials in the custody of the DOJ be leaked to the public. “In addition to being deprived of potentially significant personal documents, which alone creates a real harm,” wrote Cannon, “Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public.”

While ruling may temporarily delay proceedings, the DOJ has already had a chance to conduct their own review of materials seized in the raid, and will have a chance to influence the selection of the “special master.” Judge Cannon has ordered both camps to submit their proposed candidates by September 9th.

What about the damage done to our national security, our nation, and our allies by Trump?

Cannon appears to have created an executive privilege component out of thin air.

Picking Cotton, Hale Woodruff, 1936

This is from Perry Stein writing for The Washington Post: “Judge grants Trump request for special master to review Mar-a-Lago documents. Rulings says prosecutors can’t use seized documents in criminal probe until they are examined by outside expert” The man stole them. They weren’t his. WTF?

In opposing the appointment of a special master, Justice Department lawyers told Cannon they had already sorted through the documents, using a “filter team” to separate out more than 500 pages of potentially privileged documents. That arrangement was approved by a U.S. magistrate judge who authorized the Mar-a-Lago search warrant. Prosecutors said appointing a special master would be pointless, given the previous filter team review — but Cannon disagreed. They also said that there was no legal basis to appoint a special master in this case and that Trump had no rights to possess White House documents once he left office.

On Friday, Cannon unsealed a detailed inventory list of items seized from Mar-A-Lago. It showed that Trump intermingled classified and unclassified materials in boxes at Mar-A-Lago and had dozens of empty folders that bore a “classification” marking.

Georgia Landscape, by Hale Woodruff, circa 1934-1935

This is from the blog Lawyers, Guns, and Money: “LAME DUCK CONFIRMATION OF REPUBLICAN “JUDGE” PROVIDES IMMEDIATE PAYOFF FOR TRUMP”. This is written by Scott Lemieux.

I’ve always liked this blog because they don’t pull punches ever.

On November 12 2020, after Donald Trump had already been defeated, the Senate was able to ram through the confirmation of 39-year-old Federalist Society hack Aileen Cannon to the District Court of Southern Florida. The political payoff for Trump has been swift:

his refers to this particular thread provided by lawyer, teacher, and law analyst Steve Vladeck followed by the Ashey Rangappa tweet I posted above.

Needless to say, this kind of lawlessness, designed to try to run out the clock and make it harder to indict Trump as 2024 gets closer, would mean a lot less were 11CA and the Supreme Court not also controlled by Republican hacks willing to wink at the law to help out Daddy Trump.

Here’s the thread by Vladeck.

The artwork today is by Hale Woodruff whose many wonderful paintings are featured at The Smithsonian. His most famous work are Murals featured at Talladega University which is the first HBC in the United States. One of these mural is posted above. I thought that this labor day I would feature this great Black American Artist since so many of his works feature black workers. Remember, African American Slaves and their descendents built much of this country.

Happy Labor Day!

What’s on your blogging and reading list today?


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.


Finally Friday Reads: MAGA Republicans are a threat to our Democracy

E pluribus unum / Andrew B. Graham, litho., Washington, D.C., Library of Congress

Good Day Sky Dancers!

President Biden went on TV to state the obvious in the birthplace of our Democracy, Philadelphia.  I was glad to hear it, but I wonder if it really will reach the ears and hearts of those that need to hear it most.  Here’s David Frum’s rationale at The Atlantic: “The Justification for Biden’s Speech. So much of it was true.” I thought POTUS was inspired by the historians’ panel he hosted last month and wanted to set the stage for the midterms before Labor Day.

President Joe Biden last night used the backdrop of Philadelphia’s Independence Hall to accuse his political opponents of betraying American democracy. The complaints from GOP leaders are loud. How dare Biden use this birthplace of the republic to speak that way about former President Donald Trump and his tens of millions of supporters?

During his presidency, Trump repeatedly used places of national memory for partisan purposes. He gave a slashing partisan interview to Fox News from the Lincoln Memorial. At Mount Rushmore, he denounced “a new far-left fascism” that seeks “to wipe out our history, defame our heroes, erase our values and indoctrinate our children.” Accepting the 2020 Republican nomination on the grounds of the White House, he predicted that his Democratic opponent, Joe Biden, would be “the destroyer of American greatness.”

These deviations from past custom elicited some tut-tutting from a few who cared. But the complaints were ineffectual; Trump did it again and again.

So last night, President Biden followed the old adage: If you can’t beat them, join them. He briefly drew a distinction between those Trump-loyal Republicans and the bulk of the Republican Party. But that was a mere courtesy, because he almost immediately added, “There’s no question that the Republican Party today is dominated, driven, and intimidated by Donald Trump and the MAGA Republicans.” Biden presented the 2022 ballot question as a stark choice between right (his party) and wrong (the party that has become Trump’s party).

“Ladies and gentlemen,” he said, “we can’t be pro-insurrectionist and pro-American. They’re incompatible. We can’t allow violence to be normalized in this country. It’s wrong.”

We’ve spent innumerable posts over the past 7 years on crimes committed by the former guy. We’ve watched his minions get the frogmarch to jail.  We’ve had NAZIs and White Christian Nationalists marching everywhere. We’ve had a deadly, but thankfully, unsuccessful insurrection.  What about Trump and Trumpism is compatible with our democratic values?  And, what about the governors of states that can’t seem to resist the urge to purge democracy in their own states? Or the urge to grift taxpayer money for them and theirs.

Is this what you want for your state or country? After all these years, the FBI is back in Mississippi.

Brett Favre earned nearly $140 million as a star NFL quarterback over two decades and millions more in product endorsements.

But that didn’t stop the state of Mississippi from paying Favre $1.1 million in 2017 and 2018 to make motivational speeches — out of federal welfare funds intended for needy families. The Mississippi state auditor said Favre never gave the speeches and demanded the money back, with interest.

Favre has repaid the fees, although not the $228,000 in interest the auditor also demanded. But the revelation by the auditor that $70 million in TANF welfare funds was doled out to a multimillionaire athlete, a professional wrestler, a horse farm and a volleyball complex are at the heart of a scandal that has rocked the nation’s poorest state, sparking parallel state and federal criminal investigations that have led to charges and guilty pleas involving some of the key players.

Favre hasn’t been accused of a crime or charged, and he declined an interview. His lawyer, Bud Holmes, said he did nothing wrong and never understood he was paid with money intended to help poor children. Holmes acknowledged that the FBI had questioned Favre in the case, a fact that hasn’t previously been reported.

The saga, which has been boiling at low grade for 2½ years, drew new attention in July, when the state welfare agency fired a lawyer who had been hired to claw back some of the money, just after he issued a subpoena seeking more information about the roles of Favre and the former governor, Phil Bryant, a Republican. The current governor, Republican Tate Reeves, acknowledged playing a role in the decision to sack Brad Pigott, accusing the Bill Clinton-appointed former U.S. attorney of having a political agenda. But the state official who first uncovered the misspending and fraud, auditor Shad White, is a Republican.

In his first television interview since he was fired, Pigott said his only agenda was to get at the truth and to recoup U.S. taxpayer funds sent to Mississippi that he says were “squandered.”

“The notion of tens of millions of dollars that was intended by the country to go to the alleviation of poverty — and to see it going toward very different purposes — was appalling to many of us,” he said. “Mr. Favre was a very great quarterback, but having been a great NFL quarterback, he is not well acquainted with poverty.”

Pigott, who before he was fired sued on behalf of Mississippi’s welfare agency, naming Favre and 37 other grant recipients, laid ultimate blame at the feet of top Mississippi politicians, including Bryant.

“Governor Bryant gave tens of millions of dollars of this TANF welfare money to a nonprofit led by a person who he knew well and who had more connections with his political party than with the good people in Mississippi who have the heart and the skills to actually cajole people out of poverty or prevent teenage pregnancies,” he said.

And what would the MAGA movement be without Texas?  I’m no lawyer, but I can’t imagine age restrictions on guns is a constitutional issue.

Gov. Greg Abbott drew fury from parents of Uvalde shooting victims and others Wednesday after dismissing discussions about raising the age to buy assault-style weapons from 18 to 21, arguing that doing so has already been ruled “unconstitutional.”

Surrounded by supporters, some holding signs that read “parents matter,” during a reelection campaign stop in Allen, Abbott told reporters: “There have been three court rulings since May that have made it clear that it is unconstitutional to ban someone between the ages of 18 and 20 from being able to buy an AR — that came out of the Court of Appeals and then there was a Supreme Court decision that upheld it. And most recently, a federal court in the state of Texas stuck down a Texas law that banned people from buying a handgun.”

Uvalde families have pushed for Abbott to call a special session to raise the minimum age to 21 for the purchase of assault weapons. Robb Elementary School gunman Salvador Ramos bought two AR-15-style rifles just days after he turned 18 and used the weapons to kill 19 students and two teachers.

Over the weekend, Uvalde families gathered at the State Capitol to make their demands clear. However, while in Allen, Abbott stated: “It’s clear that the gun control law that they are seeking in Uvalde, as much as they may want it, it has already been ruled to be unconstitutional.”

The court rulings Abbott cited include one from a federal judge in Fort Worth that struck down a Texas statute banning adults aged 18-to-20 from carrying handguns in public after deeming the restriction unconstitutional. State law currently bars most people under age 21 from obtaining a license to carry a handgun  except “under certain types of protective orders.” In his ruling, U.S. District Judge Mark Pittman frequently cited a June Supreme Court ruling that struck down a New York gun law that restricted concealed carry of a handgun.

According to an emailed statement from Abbott’s office, the governor was also referring to a federal appeals court ruling in May that California’s ban on the sale of semiautomatic rifles to adults younger than 21 was unconstitutional.

A video of Abbott making the claim circulated on social media, drawing reactions from Texas leaders and Uvalde parents. Brett Cross, father 8-year-old victim Uziyah Garcia’s father, tweeted a video in response to Abbott, noting the “parents matter” signs.

“What parents are you referring to actually? Because it’s not us in Uvalde,” Cross said. Cross also claimed that during a conversation he had in person with Abbott, the governor shut down any talks about changing gun laws because it wouldn’t have changed anything. Abbott allegedly pointed to the 17-year-old gunman from the Santa Fe High School shooting in 2018, Cross said.

And let’s not forget Ron DeSantis in Florida and the horrid Republicans there.

This stuff would’ve made Donald Segretti blush.  MAGA Republicans are doing everything they can to steal elections.

A jury of six people found Seminole County GOP Chairman Ben Paris guilty on Thursday of causing his cousin’s name to be falsely listed on independent “ghost” candidate Jestine Iannotti’s campaign contribution forms in 2020.

Paris was sentenced to 12 months of probation and 200 hours of community service for the misdemeanor and ordered to pay roughly $42,000 — the cost of the Florida Department of Law Enforcement investigation into the apparent vote-siphoning scheme.

Iannotti said Paris contacted her in May 2020 asking her to run in a competitive state Senate race. Though Iannotti had no political experience when she entered the race and did not campaign, her candidacy was central to the scheme, as she was promoted as a progressive in an advertising blitz that was apparently intended to draw votes from her Democratic opponent.

Paris was stoic as the verdict was read and as the judge detailed his sentence. He and his attorney Matthews Bark declined to comment as they left the courtroom Thursday.

Bark after the verdict said Paris does not plan to remain in politics and would have to resign as the Seminole GOP’s chair.

Another article from the Houston Chronicle features the slimiest Senator in the District.  Independents and Democrats need to come out in droves and get rid of these idiots!

Senator Ted Cruz has emerged as one of the biggest critics of President Joe Biden’s student loan forgiveness plan and now he and other Texas Republicans are reportedly exploring legal options to block the policy before it takes effect, alleging the move to cancel student debt is actually against the law.

A group of GOP attorneys from multiple states, including Arizona and Missouri alongside Texas, recently met in private to discuss their strategy to file lawsuits around the country that challenge the policy, according to a Thursday report from the Washington Post.

So, it’s no wonder MAGA Republicans are angry about Biden’s speech.  Here’s some coverage of that.  This is from Greg Sargent writing at The Washington Post. “MAGA Republicans are seething with rage because Biden hit his target.”

Republicans are in a rage over President Biden’s speech in Philadelphia, in which he flatly declared that the American democratic experiment is in serious danger due to Donald Trump and the Republicans who remain allied with his political project.

So here’s a question for those Republicans: What exactly in Biden’s speech was wrong?

Many objections have been general: Republicans say his speech disparaged millions, that it was angry, or divisive, or political, or hateful, or depicted Republicans as the enemy.

In coming days, these Republicans will retreat into right-wing media safe spaces to fulminate without facing cross-examination. But when they venture into mainstream forums, they should be pressed on specifics.

Those links with the pejorative words go to Republican tweets if you want to see what the usual suspects barked.

So, the last link is on the Former Guy, the Carnival Barker.  We now have a more detailed list of what the FBI found at the Mar-a-Lago Big Tent.  This is from Eric Tucker writing for the AP: “Trump search inventory released, reveals new details on docs.”

FBI agents who searched former President Donald Trump’s Florida home last month found empty folders marked with classified banners, according to a more detailed inventory of the seized material made public by the Justice Department on Friday.

The inventory reveals in general terms the contents of 33 boxes taken from an office and a storage room at Mar-a-Lago during the Aug. 8 search. Though the inventory does not describe any of the documents, it shows the extent to which classified information — including material at the top-secret level — was kept in boxes and containers at the home and commingled among newspapers, magazines, clothing and other personal items.

The Justice Department has said there was no secure space at Mar-a-Lago for such sensitive government secrets, and has opened a criminal investigation focused on their retention there and on what it says were efforts in the last several months to obstruct that probe.

The inventory shows that 43 empty folders with classified banners were taken from a box or container at the office, along with an additional 28 empty folders labeled as “Return to Staff Secretary” or military aide. Empty folders of that nature were also found in a storage closet.

It is not clear from the inventory list why any of the folders were empty or what might have happened to any of the documents inside.

This is from Tierney Sneed at CNN: “Mar-a-Lago search inventory shows documents marked as classified mixed with clothes, gifts, press clippings.”

US District Judge Aileen Cannon on Friday released a detailed inventory from the Mar-a-Lago search that the Justice Department previously filed under seal in court.

The search inventory released showed that classified documents had been mixed in with personal items and other materials in the boxes in which they were stored.

Federal investigators also retrieved more than 11,000 non-classified government documents.
One box containing documents marked with confidential, secret and top secret classification identifications also contained “99 magazines/newspapers/press articles,” according to the inventory from last month’s search filed in federal court in Florida.

Several other boxes detailed in the inventory contained documents marked as classified stored with press clippings, as well as with articles of clothing and gifts.

The court filing also provided a breakdown of the type of markings on the classified material taken from Mar-a-Lago, including 18 documents marked top secret, 54 documents marked secret and 31 documents marked confidential.

I don’t think you could pay me enough to touch anything the former guy put his hands on. Can you imagine touching his clothing?  UGH!  There are no gloves safe enough from his slime!

So, anyway, why do the Rethuglicans want this guy?

What’s on your reading and blogging list today? 


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.