On Monday, the FBI executed a search of Trump’s Mar-a-Lago resort, and took 27 boxes that contained above top secret documents. Trump’s Republican allies viciously attacked the FBI and DOJ.
Predictably, on Thursday one of Trump’s fans entered an FBI office in Cincinnati, fired a nail gun, and pulled out an AR-15 style rifle. He then fled and was eventually shot and killed during a standoff in a cornfield.
While the standoff was in progress, Attorney General Merrick Garland made a public statement about the Mar-a-Lago search. He said that he had personally signed of on the search warrant, which was then approved by a federal magistrate judge in Florida based on probable cause that a crime had been committed. He also said he was requesting the release of the search warrant and the list of items taken in the search as long as Trump did not object.
On Friday Trump released the warrant and receipt for items taken to Breitbart, Fox News, and the Wall Street Journal about an hour before the court approved the public release. Trump did not hide the names of the agents listed in the warrant. Breitbart published the names, opening the agents to terroristic threats and violence from Trump fans. They were also threatening the judge.
The FBI search of former president Donald Trump’s Florida home earlier this week found four sets of top-secret documents and seven other sets of classified information, according to a list of items seized in the high-profile raid and unsealed by a federal magistrate judge on Friday.
Cat art by Rudi Hurzlmeier
The written inventory — a document provided by investigators after a search — says the FBI took about 20 boxes of items from the Mar-a-Lago Club on Monday, including photo binders, information about the president of France, and a variety of classified material.
One set of documents is listed as “Various classified TS/SCI documents,” areference to top secret/sensitive compartmented information, a highly classified category of government secrets, in addition to the four sets of top-secret papers. Agents also took three sets of documents classified as secret, and three sets of papers classified as confidential — the lowest level of classification.
The list of seized material doesn’t further describe the subject matter of any of the classified documents.
“Some of what was in Trump’s possession is mind-boggling,” said Javed Ali, a senior official at the National Security Council during the Trump administration who now teaches at the University of Michigan. “Whenever you leave government — including probably a former president — you can’t just take it with you.”
The search warrant identifies three federal crimes that the Justice Department is looking at as part of its investigation: violations of the Espionage Act, obstruction of justice and criminal handling of government records. The inclusion of the crimes indicates the Justice Department has probable cause to investigate those offenses as it was gathering evidence in the search. No one has been charged with a crime at this time….
While details about the documents themselves remain scarce, the laws cited in the warrant offer new insight into what the FBI was looking for when it searched Trump’s home, an unprecedented step that has prompted a firestorm of criticism from the former President’s closest allies.
Kim Haskins, psychedelic cat painting
The laws cover “destroying or concealing documents to obstruct government investigations” and the unlawful removal of government records, according to the search warrant released Friday.
Also among the laws listed is one known as the Espionage Act, which relates to the “retrieval, storage, or transmission of national defense information or classified material.”
All three criminal laws cited in the warrant are from Title 18 of the United States Code. None of them solely hinge on whether information was deemed to be unclassified.
That last fact–that the items don’t have to be classified in order for a crime to have been committed–is going to short-circuit the excuses that Trump and his allies have been putting forward.
Here’s the claim from the Trump camp as reported by Lawrence O’Donnell on MSNBC last night.
Even Andrew Weissmann who is always as serious as a heart attack couldn’t keep a straight face…. 😂😂 pic.twitter.com/6XKdGYDAY6
Former President Donald Trump said that everyone takes work home sometimes, as he sought to develop a new line to explain why top secret government documents were stored at his Mar-a-Lago residence in Florida.
“As we can all relate to, everyone ends up having to bring home their work from time to time. American presidents are no different,” said the statement from Trump’s office on Friday night read out on Fox News.
Trump further claimed that he had a “standing order” to declassify documents “the moment” they left the Oval Office.
“President Trump, in order to prepare for work the next day, often took documents, including classified documents, from the Oval Office to the residence. He had a standing order that documents removed from the Oval Office and taken into the residence were deemed to be declassified the moment he removed them,” the statement said.
Hahahahahahaha!!!
This new defense – portraying Trump as just another hard-working American – contradicts previous statements by Trump and his lawyers that baselessly claimed the FBI could have planted evidence while on site.
Cat art by Sofia Struk
While the president has the authority to declassify documents, legal experts say they must follow a defined procedure. It is not clear if Trump ever did.
“He can’t just wave a wand and say it’s declassified,” Richard Immerman, a historian and an assistant deputy director of national intelligence in the Obama administration, told NBC News. “There has to be a formal process. That’s the only way the system can work.”
Immerman noted that declassified documents are marked with the date they were declassified. It is not the case with some of the documents returned from Mar-a-Lago to the National Archives this year, per NBC.
When reports of classified documents at Mar-a-Lago emerged in May, former Trump administration official Kash Patel claimed that Trump had declassified the files shortly before leaving office but that the classified markings had not been removed.
But none of this matters, because the espionage act charges do not hinge on whether documents are classified or not.
Democrats in Congress have had to scale back their legislative ambitions since last year, but the Inflation Reduction Act, passed by the House on Friday and sent to President Joseph R. Biden Jr. for his signature, is still a substantial piece of legislation, which will make big investments in the environment and health care, and increase taxes on some key groups.
The bill includes policies lowering the prices of prescription drugs; increasing the generosity of Medicare benefits; and encouraging the development of renewable energy and reducing the impact of climate change.
It would also raise taxes on some corporations and bolster the ability of the Internal Revenue Service to crack down on wealthy tax evaders. It would lower the federal deficit, though modestly.
The bill includes last-minute changes requested by Senator Kyrsten Sinema, Democrat of Arizona, the final holdout among her party’s 50 senators. Democratic leaders agreed to remove a tax on some wealthy hedge fund managers and private equity executives, and to include $4 billion in drought funding for her state.
Head over to the NYT link to see charts and a detailed list of everything in the bill.
A shocking attack on famed novelist Salmon Rushdie
Salman Rushdie,the renowned novelist whose work made him the subject of death threats,was attacked at an event in Chautauqua, N.Y., on Friday by a man who stormed the stage and stabbed the writer in the neck and abdomen, police said.
By Rudi Hurzlmeier
Rushdie was taken by helicopter to a hospital. His agent, Andrew Wylie, told the Associated Press that the writer was on a ventilator, with damage to his liver and nerves in an arm. He also said Rushdie will likely lose an eye.
Police identified Hadi Matar, 24, of New Jersey as the suspect in the attack. They have not yet determined a motive, Maj. Eugene Staniszewski of the New York State Police said, and are working with the local district attorney to decide which criminal charges will be filed. The FBI is also involved in the investigation.
In an instant Friday morning, a literary event in a lakeside town in western New York was transformed into a scene of potentially deadly violence, drawing gasps from the audience gathered in an open-air amphitheater.
The suspect, 24-year-old Hadi Matar, was born in California, but recently moved to New Jersey, according to law enforcement sources familiar with the investigation. His last listed address was in Fairview, a Bergen County borough just across the Hudson River from Manhattan. FBI officials were seen going into the home of Matar Friday evening.
Sources said that Matar also had a fake New Jersey driver’s license on him.
State Police Maj. Eugene Staniszewski said the motive for the stabbing was unclear. A preliminary law enforcement review of Matar’s social media accounts shows he is sympathetic to Shia extremism and Islamic Revolutionary Guard Corps causes, a law enforcement person with direct knowledge of the investigation told NBC News. There are no definitive links to the IRGC but the initial assessment indicates he is sympathetic to the Iranian government group, the official says.
Law enforcement officials briefed on the investigation told ABC News that “a preliminary investigation into the suspected perpetrator’s probable social media presence indicates a likely adherence or sympathy towards Shi’a extremism and sympathies to the Iranian regime/Islamic Revolutionary Guard Corps.”
The officials say investigators found photos on Matar’s phone of Iranian Maj. Gen. Qasem Soleimani and Abu Mahdi al-Muhandis, the leader of Iraq’s pro-Iranian militia movement, who were killed by U.S. forces in a drone strike in Baghdad on Jan. 3, 2020.
Police believe the suspect acted alone and were in the process Friday of obtaining search warrants for items including electronics and a backpack found at the scene that they believe belong to the suspect, Staniszewski said.
The FBI is also assisting with the investigation, he said.
The suspect had a pass to access the event, officials said.
It’s been an unbelievable news week, and I expect we’ll be learning more about these three big stories over the weekend. What are your thoughts? What other stories are you following?
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Late Thursday night, Trump said on social media that he agreed the document should be made public. In another post early Friday, he called the nuclear weapons issue a “hoax” and accused the FBI of planting evidence, without offering information to indicate such a thing had happened. Trump said agents did not allow his lawyers to be present for the search, which is not unusual in a law enforcement operation, especially if it potentially involves classified items.
Material about nuclear weapons is especially sensitive and usually restricted to a small number of government officials, experts said. Publicizing details about U.S. weapons could provide an intelligence road map to adversaries seeking to build ways of countering those systems. And other countries might view exposing their nuclear secrets as a threat, experts said.
One former Justice Department official, who in the past oversaw investigations of leaks of classified information, said the type of top-secret information described by the people familiar with the probe would probably cause authorities to try to move as quickly as possible to recover sensitive documents that could cause grave harm to U.S. security.
“If that is true, it would suggest that material residing unlawfully at Mar-a-Lago may have been classified at the highest classification level,” said David Laufman, the former chief of the Justice Department’s counterintelligence section, which investigates leaks of classified information. “If the FBI and the Department of Justice believed there were top secret materials still at Mar-a-Lago, that would lend itself to greater ‘hair-on-fire’ motivation to recover that material as quickly as possible.”
Cable News lit up last night with analysis and news.
"This is really Merrick Garland calling Donald Trump's bluff," Andrew Weissmann, former FBI general counsel, says. "Now the ball is in [Trump's] court to say, 'oh wait, I want to hide this from the American public.'" https://t.co/FFizAOyZVepic.twitter.com/bNlMsZGys9
It’s worth emphasizing that the new motion filed by the DOJ isn’t to disclose everything, but it would bring to light the materials Team Trump already has in its possession, which would make clear key details of the search.
It’s why Marcy Wheeler noted, in response to today’s statement, “Garland is calling Trump’s bluff.”
The attorney general went on to note that he “personally approved the decision to seek a search warrant” in this case — something that was widely assumed, but not confirmed before this afternoon. He added that the Department of Justice “does not take such actions lightly” and first pursues “less intrusive” means.
But before wrapping up, Garland also took about a minute to defend federal law enforcement from “recent unfounded attacks on the professionalism of the FBI and Justice Department agents and prosecutors.”
“I will not stand by silently when their integrity is unfairly
While the inventory provided to Mr. Trump’s team after the search is unlikely to reveal details about the specific documents he kept, it refers to an array of sensitive material, according to a person with knowledge of the matter.
Judge Bruce Reinhart, the federal magistrate in the Southern District of Florida who approved the search warrant and is handling the motion to unseal it, had issued an order requiring the Justice Department to serve a copy of its motion to Mr. Trump’s lawyers. It said the department would have to tell the judge by 3 p.m. on Friday whether Mr. Trump opposed the motion.
Mr. Garland’s statement amounted to a challenge to Mr. Trump, who has been free to release the search warrant and the list of items taken during the search on his own, but has declined to do so. Many Trump allies and Republicans have also called on Mr. Garland to explain his decision, adding political complexity — or hypocrisy — to any decision by Mr. Trump to oppose making the search warrant public.
The Justice Department did not seek to release the affidavits — which contain much more information about the behavior of Mr. Trump and evidence presented by others — that were used to obtain the warrant.
The public statement by Mr. Garland came at an extraordinary moment, as a sprawling set of investigations into the former president on multiple fronts gained momentum even as Mr. Trump continued to signal that he might soon announce another run for the White House.
Peek-A-Boo /Hide and seek (Kurragömma) , Carl Larsson, 1898
But Republicans responded furiously to the development, following Trump’s lead in claiming that the search showed the justice department waging a politically motivated witch-hunt. Their florid rhetoric will do little to assuage fears that a prosecution of Trump could lead to social unrest and even political violence.
Ronna McDaniel, chairwoman of the Republican National Committee, said: “Absolute power corrupts absolutely. Countless times we have examples of Democrats flouting the law and abusing power with no recourse.
“Democrats continually weaponize the bureaucracy against Republicans. This raid is outrageous. This abuse of power must stop and the only way to do that is to elect Republicans in November.”
Kevin McCarthy, the Republican minority leader in the House, claimed in a statement that the justice department had reached “an intolerable state of weaponized politicization” and vowed that, when Republicans take back the House, they will conduct immediate oversight of the department.
He said ominously: “Attorney General Garland: preserve your documents and clear your calendar.”
Lindsey Graham, a US senator for South Carolina and Trump ally, noted that midterm elections are about a hundred days away and Trump is likely to run for president again in 2024. “Time will tell regarding this most recent investigation. However, launching such an investigation of a former President this close to an election is beyond problematic.”
Bob Good, a Republican congressman, wrote on Twitter: “The continued weaponization of the federal government against its citizens and political opponents continues under the Biden/Garland march toward a police state.”
Congressman Ronny Jackson added: “Tonight the FBI officially became the enemy of the people!!!”
Kristi Noem, the governor of South Dakota, denounced the search as “un-American”, while Matt Schlapp, chairman of the Conservative Political Action Conference (CPAC) – which hosted an event in Dallas, Texas, last week with speakers including Trump and the Hungarian prime minister, Viktor Orbán – also joined the condemnation.
“The Deep State will do anything in its power to slime President Trump,” Schlapp said. “Americans need to keep growing the big Red Wave and save the country from these corrupt fascists.”
Mike Pompeo, a former secretary of state under Trump, tweeted: “Executing a warrant against ex-POTUS is dangerous. The apparent political weaponization of DOJ/FBI is shameful. AG must explain why 250 yrs of practice was upended w/ this raid.”
Biden has repeatedly stressed his belief that the justice department must work independently of the White House and that he will not interfere in its investigations. Merrick Garland, the attorney general, insisted last week that no one was above the law.
The gunman who fired at police and engaged in an hours-long standoff in a corn field after trying to enter the FBI’s office in Cincinnati on Thursday has been identified in multiple media reports as someone who was present at the U.S. Capitol during the Jan. 6, 2021 insurrection.
The man also apparently left a trail of posts on Truth Social, the social media platform created by former president Donald Trump, announcing his plans to attack the FBI office and indicating that his actions were a direct response to the FBI’s search Monday of Trump’s Mar-a-Lago club.
The suspect is Ricky Walter Shiffer, according to NBC News and the New York Times, which reported that Shiffer was under investigation for having “ties to extremist groups,” including the Proud Boys, which he apparently mentioned on social media.
The standoff suspect was shot and killed by police on Thursday afternoon, the Ohio State Highway Patrol said, but his identity has not been confirmed.
The 42-year-old Shiffer reportedly posted on Facebook on Jan. 5, 2021, showing him attending a pro-Trump rally at Black Lives Matter Plaza in Washington the night before the Capitol was stormed, according to the Times.
The week’s events have spurred a new addition to the Dark Brandon memes. We now have Dark Merrick.
Merrick Garland became Dark Merrick in the past week. And I’m here for ALL of it!
The conversation during a ferocious lightning storm on Aug. 4 unfolded as a sort of Socratic dialogue between the commander in chief and a select group of scholars, who painted the current moment as among the most perilous in modern history for democratic governance, according to multiple people familiar with the discussions who spoke on the condition of anonymity to describe a private meeting.
Comparisons were made to the years before the 1860 election when Abraham Lincoln warned that a “house divided against itself cannot stand” and the lead-up to the 1940 election, when President Franklin D. Roosevelt battled rising domestic sympathy for European fascism and resistance to the United States joining World War II.
We’ve seen this analysis from various Historians that appear on TV News. Here’s some additional reading material,
“If the US has someone whom historians will look back on as the gravedigger of American democracy, it is Mitch McConnell.” This chilling NYRB essay is a must read for everyone who cares about the present peril.https://t.co/qBeFSKOClo
No matter how and when the Trump presidency ends, the specter of illiberalism will continue to haunt American politics.
At this point, I’d just like to see Trump himself stop haunting us.
If the US has someone whom historians will look back on as the gravedigger of American democracy, it is Mitch McConnell. Like Hitler’s conservative allies, he and the Republicans have prided themselves on the early returns on their investment in Trump.
Mitch has calmed down some, but the rest of the Republicans have not. This just broke.
Joseph V. Cuffari and his staff have refused to release documents and hindered interviews in an effort to block and delay a probe into his actions, sources say. https://t.co/CETitkBkPW
The White House has faced mounting questions about a decision by the Department of Homeland Security inspector general’s office to abandon attempts to recover missing Secret Service texts from Jan. 6,2021. President Biden, in response, has signaled his intention to stay out of the process as an independent watchdog investigates the inspector general.
But Joseph V. Cuffari and his staff have refused to release certain documents and tried to block interviews, effectively delaying that probe, which has now stretched for more than 15 months and evolved into a wide-ranging inquiry into more than a dozen allegations of misconduct raised by whistleblowers and other sources, according to three people familiar with the case who spoke on the condition of anonymity to discuss an open investigation.
Some Republican senators have also raised stiff resistance to the investigation — which is being overseen by a panel of federal watchdogs fromthe Council of the Inspectors General on Integrity and Efficiency (CIGIE) — questioning the need for a full probe into the Trump administrationappointee.
Pavel Tchelitchew Hide-and-Seek Derby, Vermont and New York, June 1940 – June 1942
An increase in turnout among Democrats and independents and a notable shift in Republican-leaning counties contributed to the overwhelming support of abortion rights last week in traditionally conservative Kansas, according to a detailed Associated Press analysis of the voting results.
A proposed state constitutional amendment would have allowed the Republican-controlled Legislature to tighten restrictions or ban abortions outright. But Kansas voters rejected the measure by nearly 20 percentage points, almost a mirror of Republican Donald Trump’s statewide margin over Democrat Joe Biden in the 2020 presidential election.
“Between passage of the Inflation Reduction Act, killing al Qaeda’s leader, less pain at the pump, and the Republican-appointed Supreme Court justices taking away abortion rights, the political landscape is less horrible for Democrats,” says Democratic pollster Chris Anderson, who conducts the Fox surveys with Republican Daron Shaw. “There are successes Democrats can point to that didn’t exist in the spring, but the biggest single change I see in this poll is the increased disapproval of the Supreme Court and suspect that is a significant factor.”
Fifty-five percent disapprove of the Supreme Court’s job performance, up from 48% in June.
Meanwhile, the shift in vote preference mainly comes from women. They preferred the GOP candidate by 1 point in May and now go for the Democrat by 6.
Okay, we’ll keep you updated on the release of the warrant.
What’s on your reading and blogging list today?
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The top stories today are focused on the earthshaking FBI search of Trump’s Mar-a-Lago resort. Of course there is other news; but I’m obsessed with bringing down Trump, so those stories are what interest me.
The raid on Mar-a-Lago was based largely on information from an FBI confidential human source, one who was able to identify what classified documents former President Trump was still hiding and even the location of those documents, two senior government officials told Newsweek.
The officials, who have direct knowledge of the FBI’s deliberations and were granted anonymity in order to discuss sensitive matters, said the raid of Donald Trump‘s Florida residence was deliberately timed to occur when the former president was away….
Both senior government officials say the raid was scheduled with no political motive, the FBI solely intent on recovering highly classified documents that were illegally removed from the White House. Preparations to conduct such an operation began weeks ago, but in planning the date and time, the FBI Miami Field Office and Washington headquarters were focused on the former president’s scheduled return to Florida from his residences in New York and New Jersey.
“They were seeking to avoid any media circus,” says the second source, a senior intelligence official who was briefed on the investigation and the operation. “So even though everything made sense bureaucratically and the FBI feared that the documents might be destroyed, they also created the very firestorm they sought to avoid, in ignoring the fallout.”
Of course it was Trump himself who ignited the firestorm by publicly announcing the FBI search, then whining, ranting, and grifting from his followers based on his supposed victimization.
In the past week, the prosecutor in the case and local Assistant U.S. Attorney went to Florida magistrate Judge Bruce Reinhart in West Palm Beach to seek approval for the search of Donald Trump’s private residence. The affidavit to obtain the search warrant, the intelligence source says, contained abundant and persuasive detail that Trump continued to possess the relevant records in violation of federal law, and that investigators had sufficient information to prove that those records were located at Mar-a-Lago—including the detail that they were contained in a specific safe in a specific room.
“In order for the investigators to convince the Florida judge to approve such an unprecedented raid, the information had to be solid, which the FBI claimed,” says the intelligence source.
There’s much more background information in the article if you want a refresher.
Around lunchtime on June 3, a senior Justice Department national security supervisor and three FBI agents arrived at former President Donald Trump’s Mar-a-Lago home in Florida to discuss boxes with government records sitting in a basement storage room along with suits, sweaters and golf shoes.
A few days later, the FBI sent a note asking that a stronger lock be installed on the storage room door, signing off: “Thank you. Very truly yours, Jay Bratt, chief of counterintelligence and export control section.”
In the following weeks, however, someone familiar with the stored papers told investigators there may be still more classified documents at the private club after the National Archives retrieved 15 boxes earlier in the year, people familiar with the matter said. And Justice Department officials had doubts that the Trump team was being truthful regarding what material remained at the property, one person said. Newsweek earlier reported on the source of the FBI’s information.
Two months later, two dozen Federal Bureau of Investigation agents were back at Mar-a-Lago with a warrant predicated on convincing a federal magistrate judge that there was evidence a crime may have been committed. After hours at the property, the agents took the boxes away in a Ryder truck.
Many elements of what happened between those events—one seemingly cordial, the other unheard of—remain unknown. But the episode points to a sharp escalation in the Justice Department’s inquiry into Mr. Trump, which also includes an investigation into the events leading up to the Jan. 6, 2021, riot on the Capitol. And it has prompted outrage from Republicans, who have rallied around Mr. Trump as he contemplates running again for president.
The WSJ says it’s a mystery why the DOJ investigation “escalated” to the point where the FBI was directed to search Trump’s property. It doesn’t seem that mysterious to me. Right-wing “reporter” John Solomon writes that Trump received a grand jury subpoena “months before” the “raid.” Obviously, the situation escalated when Trump ignored the subpoena.
That the FBI executed a search warrant signed on a Friday on a Monday is a sign of normality.
Saturday and Sunday are what the FBI refers to as — and forgive the law enforcement jargon here — "the weekend." pic.twitter.com/mp6AKV8saH
The WSJ story doesn’t seem to have a paywall (I got there from Memeorandum), so you can read much more at the link. It’s very long, but Politico has a good summary of the facts from the WSJ article:
On June 3, JAY BRATT, chief of counterintelligence and export control section at the Department of Justice, visited Mar-a-Lago to inspect a storage room that contained presidential documents. By this point in his standoff with the government, Trump had already returned 15 boxes of records to the National Archives, which subsequently found “classified national security information” among the returned items.
Trump, who stopped by the June inspection to greet Bratt, had told the government that there was no more classified material in his possession. The dispute, it appeared, when Bratt showed up, was about returning what Trump represented to be non-sensitive documents. Retaining non-classified documents is still a violation of the strict Presidential Records Act, but the available evidence suggests the two sides were working it out.
Being Transported by Onelio Marrero
But things started to escalate. Five days later, Bratt sent Trump’s lawyer, EVAN CORCORAN, an email, a copy of which was read over the phone to the Journal: “We ask that the room at Mar-a-Lago where the documents had been stored be secured and that all the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until further notice.”
Then, on June 22, the government subpoenaed Mar-a-Lago surveillance footage, which the Journal says was provided.
And then on Monday, the FBI warrant was executed.
The mystery is: What changed?
The answer, according to the Journal, is that an informant told the FBI that Trump was lying.
Former White House Chief of Staff Mick Mulvaney said that only six or eight people would have the info given to the FBI, so the informant is someone very close to Trump.
“I didn’t know there was a safe at Mar-a-Lago and I was the chief of staff for 15 months. This would be someone handling things on day to day, who knew where documents were, so it would be somebody very close to the president, my guess is there are probably six or eight people who had that kind of information.
I don’t know the people on the inside circle these days. I can’t give any names of folks who come to mind, but your instinct is a good one if you know where the safe is and you know the documents are in ten boxes in the basement, you are pretty close to the president.”
If Mulvaney is correct, and the informant is someone very close to the former president, it makes sense that the FBI might also have knowledge of what Trump was planning on doing with the documents that he stole from the White House.
In the wake of news that the FBI agents executed a court-authorized search warrant at Donald Trump’s Mar-a-Lago residence in Florida, Trump’s allies and aides have begun buzzing about a host of potential explanations and worries. Among those being bandied about is that the search was a pretext to fish for other incriminating evidence, that the FBI doctored evidence to support its search warrant — and then planted some incriminating materials and recording devices at Mar-a-Lago for good measure — and even that the timing of the search was meant to be a historical echo of the day President Richard Nixon resigned in 1974.
“There are no coincidences when it comes to the Deep State. They could have done this raid a couple of days before or tomorrow, but they chose Aug. 8 for a reason,” Monica Crowley, a former top official in the Trump Treasury Department, said on the “War Room” podcast.
Trump world is no stranger to being deeply suspicious, even conspiratorial. But the speculation sparked by the FBI search has taken on a different scope, coming amid a combination of anxiety — that the so-called Deep State is out to get the former president — and a dearth of public information about the bureau’s actions.
“I can tell you all of us agree this is corrupt,” said Michael Caputo, a longtime Trump confidante whose service in the Trump administration was marked by attacks he waged on career officials and an acrimonious exit. “Many people in Trump world agree with me that this is theater and this is designed to damage the president, this is designed to damage Republicans in the midterms and it is designed to advance the interests of the Democratic Party. And you know what, they completely failed.”
There is no evidence that the Department of Justice did anything improper, and it in fact obtained approval from a federal court to obtain its search warrant. Trump himself could answer some of the lingering questions. He is at liberty to disclose the warrant — though he has not been provided the underlying affidavit — and to describe the files that were confiscated by the FBI. But so far he has opted against doing so.
Adolph Menzel, A Seated Woman Reading (Portrait of Emilie Fontane
Donald Trump is worried he may have a rat — or multiple rats — in his midst. He’s wondering if his phones are tapped, or even if one of his buddies could be “wearing a wire.”
This summer, Trump has asked close associates if they think his communications are being monitored by the feds, or — per his phrasing — “by Biden.” As a source close to Trump describes it to Rolling Stone: “He has asked me and others, ‘Do you think our phones are tapped?’ Given the sheer volume of investigations going on into the [former] president, I do not think he’s assuming anything is outside the realm of possibility.”
The source adds, “He’s talked about this seriously [in the past few months], but I know of one time when he made a joke that was something like, ‘Be careful what you say on the phone!’”
Moreover, on at least a couple of occasions since May, the former president has wondered aloud if there were any Republicans visiting his clubs who could be “wearing a wire,” according to another person close to Trump and a different source familiar with the matter. Trump and his allies are baselessly floating the idea that federal agents could be guilty of “planting” incriminating evidence at his private resort. And the ex-president and several of his longtime advisers are trying to figure out if they have, in their terminology, a “mole” or a “rat” in Trump’s inner sanctum who is slipping his secrets to the feds.
I have two causes for celebration this morning. 1) Today is the last day of the current heatwave here in Massachusetts, and 2) The FBI executed a search warrant at Mar-a-Lago yesterday and spent the entire day searching for documents that Trump stole when he left the White House.
A cold front is coming in this afternoon and Merrick Garland is coming for Trump.
What more could a person ask for? Well, some rain would be nice, since half of Massachusetts is now in a drought.
Monday marked the seventh day of a major heat wave, the second of the summer across southern New England. The unrelenting heat and humidity have taken their toll on our collective mood as this is not normal summer weather in our part of the country.
The past three weeks have seen the warmest 21 days ever recorded in 151 years of records in Boston, similar to temperatures in Missouri or North Carolina where this type of heat and humidity is expected. Coupled with growing drought, damage to plants has spread from wilting flower boxes to struggling trees and shrubs. Drought is actually not increasing in New England but in a warmer climate, the impact of even semi-regular droughts can be greater when accompanied by hotter air.
These types of hot and dry weather events are ripe for all sorts of hyperbole. On one end of the spectrum, you’ll find people saying we’ve had hot and dry weather before and this is more of the same. Other people will claim the past three weeks is yet more evidence of climate change in action….
When summer is over, we will have another opportunity to fully analyze the statistics, but already a few things are true. In addition to the extreme temperatures, we are experiencing the longest stretch of 80 degree or above weather on record —Tuesday will be the 26th day in a row of temperatures that are 80 degrees or higher….
The heat will abate later this week, but these past three weeks of unprecedented warmth should be a wakeup call to what lies ahead. The number of hot days will continue to go up, and everything that goes along with this type of heat will continue to be amplified.
Former president Donald Trump said Monday that the FBI had raided his Mar-a-Lago Club and searched his safe — activity related to an investigation into the potential mishandling of classified documents, according to two people familiar with the probe.
One of the people, who spoke on the condition of anonymity to discuss its details, said agents were conducting a court-authorized search as part of a long-running investigation of whether documents — some of them top-secret — were taken to the former president’s private golf club and residence instead of sent to the National Archives when Trump left office. That could be a violation of the Presidential Records Act, which requires the preservation of memos, letters, notes, emails, faxes and other written communications related to a president’s official duties.
Searching a former president’s property to look for possible evidence of a crime is highly unusual and would require approval at the top levels of the Justice Department. It represents a historic moment in Trump’s tortured relationship with the Justice Department, both in and out of the White House.
Much of the article is a discussion of Trump’s and his followers’ complaints and false claims about the search.
The authors then quote a defense from a person who actually knows about FBI searches.
The president of the FBI Agents Association, Brian O’Hare, issued a broad defense of the investigators who carry out court-approved searches, without commenting specifically on the Trump case.
O’Hare said search warrants are issued by federal judges, “must satisfy detailed and clear procedural rules, and are the product of collaboration and consultation with relevant Department of Justice attorneys.”
FBI agents, he added, “perform their investigative duties with integrity and professionalism, and remain focused on complying with the law and the Constitution.”
Trump nominated the current head of the FBI, Christopher A. Wray, to the position in 2017, after firing the previous FBI director, James B. Comey, amid a probe into whether any Trump campaign advisers had conspired with Russian operatives to influence the 2016 election.
Wray is a conservative Republican who belonged to the Federalist Society and worked in the GW Bush administration.
A number of people have pointed out that Trump has a copy of the search warrant and could release the contents if he wanted to. But then we would know what crimes he is suspected of committing.
Donald Trump has a copy of the search warrant. He’d show us the warrant if he were so wronged. Show it or shut it.
Regardless of the raid’s focus, legal experts quickly reached a consensus about it: A pile of evidence must have backed up the warrant authorizing the search.
“There’s every reason to think that there’s a plus factor in the quantum and quantity of evidence that the government already had to support probable cause in this case, knowing that they would be besieged with criticism in some quarters that this is politically motivated,” said David Laufman, a former top official in the Justice Department’s national security division who prosecuted cases involving allegations of mishandling classified documents.
“If I were a senior department official who reviewed this prior to pulling the trigger on presenting an affidavit to a magistrate judge, I would’ve wanted a sufficient quality and quantity of evidence that was so pulverizing in its effect to simply neutralize any arguments to the contrary,” said Laufman, now a partner at the law firm Wiggin and Dana LLP.
Indeed, for a deliberate Justice Department keen to turn the page from the politicization of the Trump era, the raid of Mar-a-Lago most likely required reviews at the highest levels and convincing evidence supporting a finding of probable cause, legal experts said.
“I cannot imagine the amount of probable cause set forth in a search warrant’s supporting FBI affidavit of Trump’s Florida home,” said Gene Rossi, a former federal prosecutor from Northern Virginia. He added in an email to Insider that the number of “review levels” for the search warrant “must have been enormous, including by Trump’s FBI appointee Christopher Wray.”
It’s not entirely clear why the FBI targeted Mar-a-Lago. Trump, who was not there, predictably characterized the search as a Democratic hit job. But the feds were apparently searching for classified records Trump stashed in Palm Beach after leaving the White House. He has already returned some files that the National Archives said belonged to the government, but Bloomberg News and the New York Times reported that the search was focused on records he might have kept.
Theft of government records is the least of Trump’s legal worries, however. Attorney General Merrick Garland appears to be finally bringing the full weight of federal law enforcement to bear on the former president. Depending on how aggressively Garland pursues Trump for the attempted coup that he and his co-conspirators tried to engineer after he lost the 2020 presidential election, the list of criminal charges could include seditious conspiracy, conspiracy to defraud the US and obstruction of official proceedings.
Garland’s choices in the months ahead will have momentous consequences. His correct course of action would be to demonstrate that no president is above the law and indict Trump. As the Jan. 6 committee hearings have already demonstrated, Trump and his team were awash in crimes — including creating slates of false electors to be used in an attempt to overturn the 2020 presidential vote and pressuring former Vice President Mike Pence to withhold certification of the 2020 election. The Justice Department has convened a grand jury to investigate both of those efforts.
Trump also incited the violent insurrection that took place on Jan. 6, and he did nothing to stop a mob he knew to be armed until after it stormed the Capitol, endangering federal legislators and the police protecting them. He has shown little remorse for the damage he set in motion before, during and after Jan. 6, and his statement about the Mar-a-Lago search was littered with unhinged distractions his political base will lap up.
Historian Michael Bechloss is having fun with Trump’s whining.
Armed with a search warrant, law enforcement descends on Norma Desmond's tropical mansion: pic.twitter.com/mGL0hu61g9
Early reports that the F.B.I. search of former President Donald J. Trump’s residence in Florida related to an investigation into whether he had unlawfully taken government files when he left the White House focused attention on an obscure criminal law barring removal of official records. The penalties for breaking that law include disqualification from holding any federal office.
Because Mr. Trump is widely believed to be preparing to run for president again in 2024, that unusual penalty raised the prospect that he might be legally barred from returning to the White House.
Specifically, the law in question — Section 2071 of Title 18 of the United States Code — makes it a crime if someone who has custody of government documents or records “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies or destroys” them.
If convicted, defendants can be fined or sentenced to prison for up to three years. In addition, the statute says, if they are currently in a federal office, they “shall forfeit” that office, and they shall “be disqualified from holding any office under the United States.”
There’s a problem though.
The law briefly received a close look in 2015, after it came to light that Hillary Clinton, then widely anticipated to be the 2016 Democratic presidential nominee, had used a private email server to conduct government business while secretary of state.
On Monday, one of the most prominent voices pointing to Section 2071, the Democratic lawyer Marc Elias — who served as general counsel for Mrs. Clinton’s campaign — initially cited the law’s disqualification provision in a Twitter post as “the really, really big reason why the raid today is a potential blockbuster in American politics.”
He followed up with another Twitter post acknowledging that any conviction under Section 2071 might not ultimately bar Mr. Trump from seeking the presidency again — but arguing that a legal fight over it would still be important.
I guess we’ll just have to wait and see. Meanwhile, MAGA crazies are threatening violence and civil war.
.@oneunderscore__ on the online reaction from the far-right to Mar-a-Lago’s search: “This is the worst I’ve seen it since January 5th… of 2021.” pic.twitter.com/MWWkF7w0tC
For the past six years, Donald J. Trump’s most loyal backers have, as though by reflex, attacked federal law-enforcement officials whenever they have sought to investigate the former president or his allies.
But the reaction to the F.B.I.’s court-approved search of Mar-a-Lago, Mr. Trump’s beachfront residence in Palm Beach, Fla., went far beyond the usual ire and indignation. Pro-Trump influencers and figures in the media employed the language of violence to rally opposition.
“Tomorrow is war,” Steven Crowder, a conservative commentator with nearly two million Twitter followers, wrote on the site within hours of the F.B.I.’s search. “Sleep well.”
This aggressive language was pervasive on the right as Monday night turned into Tuesday morning.
“This. Means. War,” The Gateway Pundit, a pro-Trump outlet, wrote in an online post that was quickly amplified by a Telegram account connected to Stephen K. Bannon, Mr. Trump’s onetime political adviser.
“Country on the verge of CIVIL WAR???” Nicholas J. Fuentes, a prominent white nationalist, asked in his own post advertising a livestream of the F.B.I. search.
“Civil War 2.0 just kicked off,” one user wrote on Twitter, with another adding, “One step closer to a kinetic civil war.” Others said they were ready to take part: “I already bought my ammo.”
MAGA, QAnon, and far-right message boards and Telegram channels lit up Monday night with calls for a violent response to what some extremists see as a political attack directed by the Biden administration.
“This is how you light the match to a civil war,” one user on Twitter wrote in response to the news.
Similar rhetoric was shared in far-right channels on Telegram. “Civil war coming to America, there won’t be any more elections,” one member said.
“A total war on dissidents is about to unfold. Not behind closed doors but blatantly, in public,” another member wrote in a different far-right channel. “Attacks on Alex Jones, Trump, and Patriot Day defendants are only setting the precedent for the future of us as the only opposition to the Deep State.”
I’ll end there. What are you hearing? Please share in the comment thread and have a great Tuesday!
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There are two themes to the news stream this morning. The first is that the Inflation Reduction Act is about to become law. The CBO has scored its expected budget and economic income impacts. It’s amazing how many idiots are lecturing me on how inflationary this Act will be, as if I don’t know what I’m talking about. Anyway, here’s the inflation analysis if any of your crazy right-wing parrots start screaming “inflation” at you.
This is actually a letter the CBO sent to Lady Lindsey, who is pearl-clutching over inflation because that’s the only thing the Republicans have to discuss.
In calendar year 2022, enacting the bill would have a negligible effect on inflation, in CBO’s assessment. In calendar year 2023, inflation would probably be between 0.1 percentage point lower and 0.1 percentage point higher under the bill than it would be under current law, CBO estimates.
That range of likely outcomes reflects uncertainty about how various provisions of the bill would affect overall demand and output, the supply of labor, the persistence of disruptions in the supply of goods and services, and how the Federal Reserve would respond to offset any increase in inflationary pressure. Responsiveness to the enhancement of health insurance subsidies established by the Affordable Care Act is the most important factor boosting inflationary pressure, and responsiveness to the new alternative minimum tax on corporations is the most important factor reducing inflationary pressure. The range applies to multiple measures of inflation: the GDP price index, the personal consumption expenditures price index, and the consumer price index for all urban consumers.
In other good news, Consumer’s inflation expectations are decreasing. This is important because it is a factor in how customers make decisions about spending. This is from CNBC and not written by the talking head at Fox Business that trolled my analysis. But, that link from the CBO with huge econometrics models agrees with me. My assumption is that Kenny Polcari can’t do modern finance and doesn’t have anything huge around him but his crony capitalism booty. He s undoubtedly enjoying his ability to avoid taxes with the treatment Sinema just granted him. I’m tempted to quote Swift on the confederacy of dunces. This is from Jeffy Cox at CNBC: “Consumers’ expectations of future inflation decreased significantly in win for the Federal Reserve.”
A New York Fed survey showed that respondents in July expected inflation to run at a 6.2% pace over the next year and a 3.2% rate for the next three years.
That marks a big drop-off from the respective 6.8% and 3.6% results from the June survey
Expectations for food increases fell at the fastest rate in survey history and the second-fastest for gasoline prices.
The consumer outlook for inflation decreased significantly in July amid a sharp drop in gas prices and a growing belief that the rapid surges in food and housing also would ebb in the future.
The New York Federal Reserve’s monthly Survey of Consumer Expectations showed that respondents expect inflation to run at a 6.2% pace over the next year and a 3.2% rate for the next three years.
While those numbers are still very high by historical standards, they mark a big drop-off from the respective 6.8% and 3.6% results from the June survey
I guess that high inflation in the Nixon years is part of history. (sigh) But let me just quote from Business Insider on huge Kyrsten Sinema’s suck-up to hedge fund managers and the like. “Kyrsten Sinema ensured a $14 billion tax break for private equity, hedge fund, and real estate executives remains intact. It’s a win for many of her campaign donors.” The analysis is written by Sam Tabahriti.
The Arizona senator’s support was won late Thursday after fellow Democrats dropped a proposal to close the so-called “carried interest” loophole, which is commonly used by private equity, hedge fund, and property investment executives to pay a lower rate of tax on their compensation.
As such, it was a win for many Sinema campaign donors.
According to Open Secrets, the global private equity firms KKR, Carlyle, and Apollo Global Management are among the leading 20 sources of donations to Sinema’s campaign committee between 2017 and 2022.
As Open Secrets notes, it isn’t the organizations in the list that donated money directly, but rather, their “political action committees, their individual members or employees or owners, and those individuals’ immediate families.” Further, subsidiaries and affiliates are included in the organizations’ total donations figure.
Other organizations listed by Open Secrets among the leading 20 sources of donations include Andreessen Horowitz, the Silicon Valley venture capital firm that has invested in companies including Facebook, Twitter, and Airbnb; and Rudin Management, a private commercial and residential landlord and developer in New York City.
All in all, Sinema has received $2.2 million from investment firms between 2017 and 2022, according to Open Secrets.
Well, that explains that. Then, the other icky result was that Republicans could not bring themselves to support a price control on Insulin which is cheap to make, but its price inelasticity is off the wall. That’s fancy economist talk, for if you need it, you’ll give up everything else. Insulin is basically treated like legal heroin from a huge drug cartel. Republicans used a dodgy procedure to kill that part of the Act.
This is from WAPO: “Republicans block cap on insulin costs for millions of patients. GOP senators move to strip a $35 price cap on insulin under private insurance from the Inflation Reduction Act.”
Republican lawmakers on Sunday successfully stripped a $35 price cap on the cost of insulin for many patients from the ambitious legislative package Democrats are moving through Congress this weekend, invoking arcane Senate rules to jettison the measure.
The insulin cap is a long-running ambition of Democrats, who want it to apply to patients on Medicare and private insurance. Republicans left the portion that applies to Medicare patients untouched but stripped the insulin cap for other patients. Bipartisan talks on a broader insulin pricing bill faltered earlier this year.
The Senate parliamentarian earlier in the weekend ruled that part of the Democrats’ cap, included in the Inflation Reduction Act, did not comply with the rules that allow them to advance a bill under the process known as reconciliation — a tactic that helps them avert a GOP filibuster. That gave the Republicans an opening to jettison it
So, now to more Trumpsters and their crime sprees. I will dump these links here with very few comments and quotes. The headlines say it all, but the stories are worth reading.
Sure enough, Trump returned to Washington determined to have his generals throw him the biggest, grandest military parade ever for the Fourth of July. The generals, to his bewilderment, reacted with disgust. “I’d rather swallow acid,” his Defense Secretary, James Mattis, said. Struggling to dissuade Trump, officials pointed out that the parade would cost millions of dollars and tear up the streets of the capital.
But the gulf between Trump and the generals was not really about money or practicalities, just as their endless policy battles were not only about clashing views on whether to withdraw from Afghanistan or how to combat the nuclear threat posed by North Korea and Iran. The divide was also a matter of values, of how they viewed the United States itself. That was never clearer than when Trump told his new chief of staff, John Kelly—like Mattis, a retired Marine Corps general—about his vision for Independence Day. “Look, I don’t want any wounded guys in the parade,” Trump said. “This doesn’t look good for me.” He explained with distaste that at the Bastille Day parade there had been several formations of injured veterans, including wheelchair-bound soldiers who had lost limbs in battle.
Kelly could not believe what he was hearing. “Those are the heroes,” he told Trump. “In our society, there’s only one group of people who are more heroic than they are—and they are buried over in Arlington.” Kelly did not mention that his own son Robert, a lieutenant killed in action in Afghanistan, was among the dead interred there.
“I don’t want them,” Trump repeated. “It doesn’t look good for me.”
Haberman’s sources report the document dumps happened multiple times at the White House, and on at least two foreign trips.
“That Mr. Trump was discarding documents this way was not widely known within the West Wing, but some aides were aware of the habit, which he engaged in repeatedly,” Haberman tells us.
“It was an extension of Trump’s term-long habit of ripping up documents that were supposed to be preserved under the Presidential Records Act.”
The handwriting is visibly Trump’s, written in the Sharpie ink he favored.
Most of the words are illegible
But the scrawls include the name of Rep. Elise Stefanik of upstate New York, a Trump defender who’s a member of House Republican leadership.
For years, questions have been raised about Russian involvement in the campaign that saw the New York businessman beat former Secretary of State Hillary Clinton, and Manafort is now stating that he handed polling data over to the Russians — in particular to “Konstantin Kilimnik, a longtime business associate with suspected ties to Russian intelligence.”
According to the report, “Kilimnik then passed the data on to Russian spies, according to the US Treasury Department, which has characterized the data as ‘sensitive information on polling and campaign strategy.'”
In the interview, Manafort excused his actions stating he wasn’t looking for help getting Trump elected and did it purely to make money, with Business Insider reporting, “Manafort told Insider that he directed his deputy, Rick Gates, to feed Kilimnik polling data via email to ‘keep Konstantin informed.’ The goal was to use his access to Trump to drum up business for himself.
Well, we already knew he’s a Russian Potted Plant. Didn’t we?
From Tim Miller / Morning Shots writing for The Bulwark: I’m Sorry, But He’s Running. Trump’s CPAC speech was his 2024 blueprint.”
With that little bit of throat-clearing out of the way, I have some bad news to report. If you, like me, had been compartmentalizing a Trump 2024 run for mental-health purposes, I’m sorry to break it to you, but he looks like a man who is definitely running for president in 2024. His CPAC speech this weekend was a rude awakening as to both his intentions and the strength he would bring to that campaign.
First, his intentions: There was no bigger roar from the crowd during the speech than during the following section, and there was no bigger shit-eating grin on his burnt-toast face than the one that came following the roar:
I ran twice. I won twice and did much better the second time than I did the first getting millions and millions of more votes than in 2016. And likewise getting more votes than any sitting president in the history of our country by far. . . . And now we may have to do it again. We may have to do it again.
That little bit of anti-democratic vamping came right on the heels of what would be his core campaign message to the GOP base in a 2024 campaign.
The border was the best and safest in U.S. recorded history. They’ve turned it into a nightmare so quickly, the election was rigged and stolen. And now our country is being systematically destroyed.
If you are reading this, then you are likely a person of reason who is not persuaded by the lies and childish hyperbole.
But let’s imagine this message in the context of a 2024 Republican primary. Trump is claiming that when he was president, everything was great. Then the election was stolen. And now everything is being destroyed by the people his voters hate.
What exactly is his hypothetical challenger’s response to this? It seems to me that Trump has everyone checkmated.
Say it ain’t so Tim!
Anyway, the Republicans aren’t going straight any time soon. We can only rely on the DOJ in a few states and nationally to send them straight to jail.
What’s on your reading and blogging list today?
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