Tuesday Reads

Good Afternoon!!

Today is a big day for the Trump stolen documents case. His response to the DOJ filing at the 11th Circuit appeals court was due at noon, and at 2PM the DOJ and Trump lawyers meet with Special Master Raymond Dearie in New York to discuss the process by which Dearie will review the stolen documents. The documents marked classified can’t be included in the review yet, because of the DOJ appeal asking the 11th Circuit for a stay on Judge Loose Cannon’s order that Trump lawyers review them with Dearie.

Yesterday Trump filed a response to a request from Dearie about Trump’s claims to have declassified documents. Kyle Cheney at Politico: Trump discovers he’s not in Cannon-land anymore.

The court-appointed “special master” reviewing documents the FBI seized during the Aug. 8 search has asked the former president to disclose details about any materials he claims to have declassified before calling them his property.

In a court filing Monday, Trump’s attorneys urged Raymond Dearie, the senior federal judge based in Brooklyn, to drop a component of his plan that includes asking Trump for those details. Disclosing those during the review, Trump’s attorneys said, was not a requirement of U.S. District Court Judge Aileen Cannon’s order appointing Dearie as special master. And, they added, it could harm Trump’s defense against any forthcoming criminal charges.

“[T]he Special Master process will have forced the Plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order,” the attorneys wrote.

Trump’s team’s comments came in response to a request from Dearie for a proposed agenda when he convenes the parties Tuesday for a preliminary conference in his Brooklyn courtroom. And it wasn’t their only gripe with Dearie’s “draft management plan” for the Mar-a-Lago review — which Trump himself demanded and for which his team picked Dearie as one of two acceptable options for the special master role.

Trump’s team also raised concerns about Dearie’s request for information about whether any subsequent Fourth Amendment litigation filed by Trump to reclaim the documents should be filed with the magistrate judge who authorized the search in the first place: Bruce Reinhart, who Trump has assailed without basis as biased against him.

And Trump’s lawyers also quibbled with Dearie’s proposed deadlines, contending that his draft plan “compresses the entirety of the inspection and labeling process to be completed by October 7, 2022.”

“We respectfully suggest that all of the deadlines can be extended to allow for a more realistic and complete assessment of the areas of disagreement,” his lawyers argued.

I guess the Trump team are now regretting that they asked for Dearie as special master. He expects them spell out the claims they have been making publicly, while avoiding discussing them in Loose Cannon’s court. She appeared to make decisions based on those public comments about declassification and Fourth Amendment violations even though the Trump lawyers didn’t argue them in their court filings. In addition, Trump’s lawyers came right out and admitted that he could be indicted.

Greg Sargent at The Washington Post: Trump’s lawyers just gave away the game, exposing his Achilles’ heel.

Throughout the Mar-a-Lago saga, it has been a running joke: Donald Trump and his media propagandists kept insisting he had declassified the documents he hoarded, supposedly proving his innocence. Yet his lawyers kept refusing to fully embrace this view, suggesting that as a legal argument, it’s rather worthless.

Now Trump’s trickery has run aground in spectacularly revealing fashion: In a new filing, Trump’s lawyers effectively admit they don’t want to address whether he declassified documents, while seeming to acknowledge he could face indictment.

This episode reveals the perils of lawyering by Fox News: If you tailor arguments to a forum where damning facts are never admitted as evidence and Trump’s defenses never face real scrutiny, eventually you’ll hit a wall of legal reality.

This bizarre turn came after Trump and the Justice Department submitted filings to Judge Raymond Dearie, the special master conducting a review of documents that the department secured in the search of Trump’s Mar-a-Lago resort, in response to Trump’s demands for that review.

In their filing, Trump’s lawyers responded to a plan Dearie suggested for this process. While that plan is not public, the Trump team’s objections provide a glimpse of it. As The Post

In their filing, Trump’s lawyers responded to a plan Dearie suggested for this process. While that plan is not public, the Trump team’s objections provide a glimpse of it. As The Post reports

“Specifically, the legal team objected to what it said was Dearie’s request that it ‘disclose specific information regarding declassification to the Court and to the Government.'”

That’s not all Trump’s legal team said, however. There’s also this:

“Trump’s lawyers wrote that they don’t want Dearie to force Trump to “fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order” — a remarkable statement that acknowledges at least the possibility that the former president or his aides could be criminally charged.”

Here’s what this means: Dearie essentially asked Trump’s lawyers to put up or shut up. And they chose Door No. 2.

Trump has been claiming he believes he owns the stolen documents. Maggie Haberman published this scoop last night at The New York Times: Trump Was Warned Late Last Year of Potential Legal Peril Over Documents.

A onetime White House lawyer under President Donald J. Trump warned him late last year that Mr. Trump could face legal liability if he did not return government materials he had taken with him when he left office, three people familiar with the matter said.

The lawyer, Eric Herschmann, sought to impress upon Mr. Trump the seriousness of the issue and the potential for investigations and legal exposure if he did not return the documents, particularly any classified material, the people said.

The account of the conversation is the latest evidence that Mr. Trump had been informed of the legal perils of holding onto material that is now at the heart of a Justice Department criminal investigation into his handling of the documents and the possibility that he or his aides engaged in obstruction.

In January, not long after the discussion with Mr. Herschmann, Mr. Trump turned over to the National Archives 15 boxes of material he had taken with him from the White House. Those boxes turned out to contain 184 classified documents, the Justice Department has said.

But Mr. Trump continued to hold onto a considerable cache of other documents, including some with the highest security classification, until returning some under subpoena in June and having even more seized in a court-authorized search of his Mar-a-Lago residence and private club by F.B.I. agents last month.

The precise date of the late 2021 meeting between Mr. Trump and Mr. Herschmann is unclear. It was also unclear what, if any, awareness Mr. Herschmann had of what was in the boxes when the subject was discussed.

But by then, the National Archives had told associates of Mr. Trump that it was missing documents like original copies of his presidential correspondence with the North Korean dictator Kim Jong-un and the letter left for him by President Barack Obama. Archives officials said they had been told by then that there were roughly two dozen boxes of documents that had been in the White House residence and which qualified as presidential records, which had never been sent to the archives.

The meeting with Judge Dearie is going on now and Josh Gerstein of Politico is in the courtroom.

Trump’s lawyers have also filed a response to the DOJ’s appeal to the 11th Circuit.

Harry Litman posted a series of tweets about the Trump response.

We can’t know how long the appeal will take, but experts are saying the 11th circuit quick response the the DOJ appeal suggests they may act quickly.

There is plenty of other news, but I’m just going to post links, because I’m not feeling well today. It’s just stomach troubles, but it’s interfering with my ability to concentrate and write.

Important News Links:

CNN: Hurricane Fiona left 1 million without running water in Dominican Republic and much of Puerto Rico without power. Now it’s slamming the Turks and Caicos.

The Washington Post: Video appears to undercut Trump elector’s account of alleged voting-data breach in Georgia.

The New York Times: Videos Show Trump Allies Handling Georgia Voting Equipment.

CNN: These male politicians are pushing for women who receive abortions to be punished with prison time.

Charlotte Shane at Harpers: The Right to Not Be Pregnant.

William Saletan at The Bulwark: The Chaotic Politics of Lindsey Graham’s Abortion Bill.

The Guardian: Criminal investigation launched into DeSantis asylum seeker flights.

Charlotte Alter at Time: Conspiracy Theorists Want to Run America’s Elections. These Are the Candidates Standing in Their Way.

Enjoy the rest of your Tuesday Sky Dancers!!


Mostly Monday Reads: Trump threatens the US with his QAnon Crazies

Good Day Sky Dancers!

Yesterday, JJ put up some video of a Trump Rally highly reminiscent of NAZI rallies. Trump has taken to threatening Americans and Democracy, warning us that ‘problems’ like ‘we’ve never seen before are coming if any court dares to indict him.  This is from Politico on September 15: “It’s not the first time Republicans have hinted at potential civil unrest.”  Frankly, he and his droogs in Congress have gotten more threatening the closer Trump comes to an indictment. This is from the Hewitt interview.

Former President Donald Trump said Thursday the nation would face “problems … the likes of which perhaps we’ve never seen” if he is indicted over his handling of classified documents after leaving office, an apparent suggestion that such a move by the Justice Department could spark violence from Trump’s supporters.

The former president said an indictment wouldn’t stop him from running for the White House again and repeatedly said Americans “would not stand” for his prosecution.

You may recall Lindsey Graham also linked a threat last month. The threats have gotten so frequent and disturbing that AG Merrick Garland felt the need to give a speech on Ellis Island while welcoming new;y minted American Citizens.  This is the New York Times covering the event: “‘As Trump Inquiry Heats Up, Garland Says Divisions Imperil the Rule of Law.  Addressing new citizens on Ellis Island, the attorney general emphasized that all Americans are equal under the law.”  It seems weird that anyone these days should need to say that since Nixon argued that crimes weren’t crimes if the ‘president did it.’  That argument failed soundly. But after Judge Loose Cannon suggested a former president deserved special consideration, lawyers everywhere are speaking out. A group of Republican Lawyers filed an Amicus brief supporting the DOJ’s appeal of her decision to the 11th District.

An emotional Attorney General Merrick B. Garland addressed new citizens on Saturday at Ellis Island, the site of his family’s American origin story, and warned that the country had become dangerously divided by political factionalism, which has imperiled the democracy and the rule of law.

Mr. Garland was presiding over the oath of allegiance for 250 naturalized citizens at the iconic immigration processing center, on the anniversary of the signing of the Constitution in 1787. As the new Americans rose to recognize their home countries — about 60 of them, with origins from Albania to Yemen — he told them that the United States “wholeheartedly welcomes you.”

During a 10-minute speech in which he repeatedly stopped to collect himself, the attorney general recounted the tale of his grandmother’s flight from antisemitism in what is now Belarus before World War II, and the narrow escape to New York made by his wife’s mother, who fled Austria after Nazis annexed the country in 1938.

“My family story is what motivated me to choose a career in public service,” said the typically stoic attorney general, his voice dropping to a husky whisper. “I wanted to repay my country for taking my family in when they had nowhere else to go. I wanted to repay the debt my family owes this country for our very lives.”

Some of the most vehement reaction to the Trump QAnon rally has come from the Jewish community. Frankly, the reaction from everywhere is pretty astounding.  This is from The Independent: “Trump under fire for QAnon display at Ohio rally: ‘He has gone completely insane’. ‘Trump has always been mentally ill, but this is a whole new level’.” This is reported by Gustaf Kilander.

Donald Trump has come under fire for his descent into the QAnon conspiracy theory movement during his Youngstown, Ohio rally in support of Republican Senate candidate JD Vance.

“This is the week when Trump became Qanon. This isn’t a political statement; it just is, however disturbing. Week began with images of Trump on Truth Social wearing a Q pin and promoting their slogans; it ends with Q music and the Q ‘one’ sign by crowd at his rally,” CNN analyst Juliette Kayyem tweeted on Saturday.

Author Kurt Eichenwald added that “this week, Trump posted QAnon memes, played QAnon theme music at his rally, and stood by as the crowd raises their fingers in the QAnon salute. This is the GOP’s supposed leader. Every Republican needs to be asked about it – and don’t let them walk away. ‘Do you support QAnon?’”

“He has gone full QAnon, and that cult knows it. Trump has always been mentally ill, but this is a whole new level. He has gone completely insane,” he tweeted.

The author went on to lay out a lot of the bizarre theories within the movement.

“With Trump now leaning so hard into QAnon, anyone who interviews him *must* ask ‘Do you believe there is a global cabal of elites who are kidnapping children, taking them to underground tunnels, murdering them, eating them and drinking their adrenochrome to stay young forever? Have you secretly been president since 2020, while Biden has actually been a clone? Were Hillary Clinton and Anthony Fauci taken to gitmo and executed? And if you don’t believe these things, why are you posting QAnon memes, playing their music, and encouraging their salutes?’” he tweeted.

Other comments covered by the story are from Robert Costa, including this tweet:

The entire rally was beyond creepy, and that includes the music. So, here’s a bit more about all of that.  Vice News offers this primer on Trump’s sudden public conversion to the tome of crazy conspiracy theories and behaviors.  “What Is This Eerie Salute People Are Doing at Trump Rallies Now? The signal was immediately compared to the “Sieg Heil” salute.”

On Saturday night, as former President Donald Trump was wrapping up a political rally in Youngstown, Ohio, one section of the crowd all raised their arms in the air and extended one finger.

The strange salute came as Trump was once again spreading lies and disinformation about the 2020 election and the FBI search on his Mar-a-Lago home. The signal was immediately compared to the “Sieg Heil” salute used by Nazi party members to greet Hitler. Some also said it was in reference to Trump’s “America First” motto.

However, for QAnon followers, the one-finger salute was taken as yet another signal from Trump that he is in their corner.

Some in the wider QAnon community also claimed the one-finger salute was a reference to the phrase “Where we go one, we go all,” though again with no evidence to back up the claims.

Ben Collins of NBC news has more details on the crazy cult of Q and its batshit crazy leader. “What is Qanon? A guide to the conspiracy theory taking hold among Trump supporters. The Qanon conspiracy started less than a year ago but has taken hold among some Trump supporters — with some followers taking real world action. “

Signs and T-shirts emblazoned with some variation of the letter Q dotted a rally for Donald Trump in Tampa on Tuesday. Paper printouts declaring “We are Q” occupied small sections of the crowd.

One rally-goer named Tyler held out a large coin with Q on it and explained the letter’s sudden prevalence among Trump supporters. “Qanon, the storm, the great awakening,” he told local TV station WPLG.

“What Q stands for is military intelligence, most likely. He’s been talking to all of us. Letting us know the covert battles that are waging between the Deep State and President Trump.”

Tyler, whose last name was not disclosed to WPLG, is one of a growing number of vocal followers of a conspiracy theory, known as Qanon, that has taken hold among some Trump supporters. The theory centers around an anonymous source, Q, who is trying to tell the world about a secret battle being waged by Trump and special counsel Robert Mueller against a pedophile ring filled with celebrities and political elites who have been covertly running the United States government for decades.

Remember the 2016 assault on a pizza restaurant? A guy with a gun wants to see a nonexistent basement? This supposedly involved John Podesta and Hillary and eventually got labeled Pizzagate. You can walk down memory lane by following the NBC link.

If you get anything from a Republican elected official, just send them anything about that rally and ask them what they think.

https://twitter.com/AntheaButler/status/1571543341527101440

This is from the link above. It’s from Will Bunch writing for The Philadelphia Inquirer.

If you are a political fanatic, you’ve surely heard the old saying that when fascism comes to America, it will come wrapped in the flag and carrying a cross. That’s been proven true in this fraught year of 2022 as Christian nationalism rises to our extreme right, but no one predicted this:

That U.S. authoritarianism would also come with a bat-guano crazy musical soundtrack — music that sounds like a Bible Belt altar riff, but is actually tied to the weirdly popular QAnon conspiracy theory whose legion of followers believe there’s an elite global cabal of child-trafficking, baby-blood-drinking liberal politicians and movie stars.

This terrifying crossing of some kind of autocratic Rubicon happened — where else? — at a Donald Trump rally in Youngstown, Ohio, on Saturday night.

Trump rallies are a tricky thing to cover, some 20 months after the 45th president left the White House in seeming disgrace after a failed coup and two impeachments. There’s an understandable desire to want to not give these increasingly hate-drenched rallies any oxygen, in the vain hope the flame will completely flicker out. And his Fidel Castro-length rants increasingly offer little political insight but long flights of narcissistic grievance about his 2020 election loss and an enemies list that grows longer each day.

But even had it been stripped of its creepy musical backing, Trump’s apocalyptic closing diatribe from an arena in the epicenter of Rust Belt industrial decay demands our attention — as the current front-runner for the 2024 GOP presidential nomination continues to steer his followers toward an authoritarian cult of personality, committed more to its warped leader and his perceived slights than any justifiable cause.

That about sums it up.

And this is from the end of the Queen’s commital service today at Windsor Castle.  The Piper could actually be playing that dirge for us too.

What’s on your reading and blogging list today?


Lazy Caturday Reads

Cats by a fishbowl, Horatio Henry Couldery

Cats by a fishbowl, Horatio Henry Couldery

Happy Caturday!!

Late last night the Department of Justice appealed Judge Loose Cannon’s ruling in the battle over the classified documents that Trump stole on his way out of the White House.

Ryan J. Reilly at NBC News: Justice Department asks appeals court to block Trump judge’s Mar-a-Lago ruling.

The Department of Justice is asking a federal appeals court to temporarily block a Trump-appointed judge’s ruling that prevents it from accessing hundreds of pages of classified records seized amid the thousands of pages of government documents taken from the former president’s Mar-a-Lago home.

“The district court has entered an unprecedented order enjoining the Executive Branch’s use of its own highly classified records in a criminal investigation with direct implications for national security,” the Justice Department wrote in its motion Friday.

The Justice Department hadpreviously argued that any delay in its investigation into Donald Trump’s handling and retention of government records, including classified records, could result in “irreparable harm” to the government and the public….

The Justice Department on Friday argued that any considerations of claims for return of property or attorney-client and executive privilege were “categorically inapplicable to the records bearing classification markings.”

“Plaintiff has no claim for the return of those records, which belong to the government and were seized in a court-authorized search,” the Justice Department wrote.

Although Trump previously suggested he had declassified or designated documents seized from his home as “personal,” the Justice Department said he “has never represented that he in fact took either of those steps — much less supported such a representation with competent evidence. The court erred in granting extraordinary relief based on unsubstantiated possibilities.”

The Justice Department also argued that its request for a limited stay wouldn’t disrupt the special master’s review of other materials and “irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to Plaintiff’s counsel.”

Cat in the Summer Meadow, by Bruno Liljefors

Cat in the Summer Meadow, by Bruno Liljefors

More from Josh Gerstein and Kyle Cheney at Politico: Justice Dept. asks appeals court to restore access to Trump raid documents.

In a filing with the 11th Circuit Court of Appeals in Atlanta Friday night, prosecutors said the government is facing irreparable harm as a result of U.S. District Court Judge Aileen Cannon’s ruling putting the potentially classified records off-limits to the investigative team until an outside expert conducts a review of them and considers Trump’s objections to their seizure.

“The court’s order hamstrings that investigation and places the FBI and Department of Justice … under a Damoclean threat of contempt,” DOJ lawyers said in their 29-page filing, adding, “It also irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to [Trump’s] counsel.”

The Justice Department’s widely expected escalation of the legal fight came one day after the Trump-appointed judge rebuffed prosecutors’ request for a stay that would essentially carve out the national security-related records — some bearing markings such as “Top Secret/SCI” — from the outside oversight Trump’s legal team requested.

The filing was an unsparing rejection of Cannon’s handling of the entire matter, saying it has jeopardized national security, is based on flimsy or baseless interpretations of executive privilege and could enable further obstruction of efforts to recover additional missing documents.

“The government’s need to proceed apace is heightened where, as here, it has reason to believe that obstructive acts may impede its investigation,” prosecutors wrote….

The inability of federal prosecutors to advance their criminal probe has complicated separate efforts by the intelligence community to assess the harm that may have been caused by their improper storage in Trump’s unsecured storage room, prosecutors say, contending that the criminal investigation is inextricably tied to the national security review.

And prosecutors suggested that the restrictions on the FBI’s criminal work would prevent investigators from determining what may have once resided in dozens of empty folders, also bearing classification marks, found among Trump’s belongings.

“The injunction also appears to bar the FBI and DOJ from further reviewing the records to discern any patterns in the types of records that were retained, which could lead to identification of other records still missing,” prosecutors indicated in the filing.

This is from a column by Harry Litman at The Los Angeles Times: The Mar-a-Lago judge’s latest opinion is as atrocious as legal experts say it is.

The opinion’s essential flaws go well beyond straining the law and stretching facts in favor of Donald Trump. The ruling rests on the most basic dereliction of judicial responsibility, and it represents a complete departure from the bedrock principle of separation of powers.

Cannon was actually handed a graceful way back from her also broadly pilloried opinion last week, in which she had determined that a special master was required to review the government documents seized at Mar-a-Lago.

The Justice Department asked for a modest stay extending to only 100 pages of classified material found at the beach resort. It is beyond controversy that such documents are off-limits to a private citizen like the former president.

e1c83a9f137b9fef45da615c829c3917Trump’s lawyers did not try to contest that principle. Rather they argued, bizarrely, that just because the government said the documents were classified, it wasn’t necessarily so.

That, of course, is spectacular gibberish. The very meaning of classified documents is that the executive branch has made a determination about their content and marked them classified.

But Cannon adopted Trump’s Alice-in-Wonderland approach. She concluded that it would not be “appropriate” — the closest thing to legal reasoning in her opinion — “to accept the government’s conclusion on these important and disputed issues without further review by a neutral third-party,” that is, a special master.

Cannon, in essence, is redefining the classification process to be simply a provisional executive branch judgment subject to overruling by individual judges such as herself. Apart from its legal bankruptcy, such a process would wreak bedlam in matters of national intelligence, which turn on the very designations that Cannon set aside.

More crazy from Judge Loose Cannon:

The Trump team’s next gambit, which the judge also adopted, was even more logically and legally threadbare. The former president has argued repeatedly in public that he declassified the documents. But his attorneys have studiously avoided saying that in court papers, where lies are subject to professional and criminal penalties. The Trump filings indicate only that he perhaps had declassified the documents.

The appropriate response for a judge in these circumstances is to put Trump on the stand and ask him, “Did you or didn’t you?” Failing that, “perhaps” means the matter is not established and the argument loses.

But Cannon either does not know or does not care what judges do in such a situation. It is important to emphasize that she isn’t simply leaning in Trump’s direction, she’s falling all over him.

Judges sit to resolve disputes, on the basis of evidence. Trump’s team offered none for his positions, relying instead on only the most speculative arguments. It is elementary to the adversary system of justice that evidence and the law, not speculation, determine outcomes. Nothing in the Trump team’s filings justifies freezing a criminal justice investigation and national intelligence review in their tracks.

The DOJ has appealed and now we’ll have to wait and see what the 11th Circuit judges have to say.

There were a couple of new revelations yesterday about people close to Trump and the stolen government documents.

The Washington Post: Trump team claimed boxes at Mar-a-Lago were only news clippings.

Months before National Archives officials retrieved hundreds of classified documents in 15 boxes from former president Donald Trump’s Mar-a-Lago Club, they were told that none of the material was sensitive or classified and that Trump had only 12 boxes of “news clippings,” according to people familiar with the conversations between Trump’s team and the Archives.

playing-cats-henriette-ronner-knip

Playing Cats, by Henriette Ronner-Knip

During a September 2021 phone call with top Archives lawyer Gary Stern, former deputy White House counsel Pat Philbin offered reassuring news: Philbin said he had talked to former White House chief of staff Mark Meadows, who made the assertion about the dozen boxes of clippings, the people familiar with the call said. Trump’s team was aware of no other materials, Philbin said, relaying information he said he got from Meadows.

The characterization made in the call vastly misrepresented the scale and variety of documents, including classified records, eventually recovered by the Archives or the FBI.

Philbin said that Meadows also told him no documents had been destroyed, according to two people with knowledge of the call and a third person with knowledge of Stern’s contemporaneous account of the call. These and other people spoke on the condition of anonymity to disclose internal details.

Stern had sought the call because he believed there were still more than two dozen boxes of materials that Trump had, and he also had concerns about whether digital records had been properly retained, according to a person with knowledge of the situation. Top Archives officials continued to believe there was more material than they were being told about, according to people familiar with their thinking.

So either Philbin and/or Meadows is lying or they were lied to by Donald Trump. A spokesman for Meadows suggested it was Trump who lied.

“Mr. Meadows did not personally review the boxes at Mar A Lago and did not have a role in examining or verifying what was or wasn’t contained within them,” Ben Williamson, a spokesman for Meadows, said in a statement Friday night after the article was published online.

The New York Times confirmed the WaPo story and added more detail: Lawyer Told Archives Last Year That Trump Had No Classified Material.

The Washington Post first reported on Friday that Mr. Philbin had told the archives that there were no sensitive or classified materials in the boxes.

Cat in the Summer Meadow, by Bruno Liljefors

Cat in the Summer Meadow, by Bruno Liljefors

Mr. Trump had told advisers a version of what Mr. Meadows is said to have told Mr. Philbin, that the boxes contained news clippings and personal effects, according to people familiar with the events. Aides to Mr. Trump had told others that there were only 12 boxes of material, which is what Mr. Meadows is also said to have relayed to Mr. Philbin.

Mr. Meadows went to Mar-a-Lago and discussed the boxes of material with Mr. Trump during the summer of 2021, as archives officials were trying to get the materials sent to them. Mr. Philbin was trying to facilitate the return while avoiding being drawn further into the dispute, according to two people familiar with the events.

In a statement, Ben Williamson, a spokesman for Mr. Meadows, said, “Mr. Meadows did not personally review the boxes at Mar-a-Lago and did not have a role in examining or verifying what was or wasn’t contained within them.”

At The Washington Post, Ruth Marcus has a column on Jeffrey Clark, the DOJ employee whom Trump wanted to appoint as acting Attorney General in the wake of the 2020 election: The curious case of the strange man who was nearly attorney general.

The threat of losing his law license might be the least of Jeffrey Bossert Clark’s problems. Clark is the environmental lawyer who came just one contentious Oval Office meeting away from being installed as attorney general in the waning days of the Trump administration.

In June of this year, his home was searched by armed agents of the Justice Department’s Office of Inspector General and his electronic devices seized as part of a criminal investigation into false statements, conspiracy and obstruction of justice.

The next month, the D.C. bar launched disciplinary proceedings against him.

Even with all that, Clark’s astonishing, over-the-top response to the D.C. bar probe, released Monday, offers jarring new evidence of how bonkers the man who almost became attorney general actually is.

Clark was assistant attorney general for environment and natural resources and who, in the final weeks of the Trump administration, was put in charge of the civil division. President Donald Trump wanted him in the top job because Clark — unlike the rest of the department’s hierarchy — was eager and willing to pursue Trump’s false claims that he had won the election.

Attorney General William P. Barr, before resigning in December 2020, asserted that there was no evidence of election fraud sufficient to affect the results. Jeffrey Rosen, the acting attorney general, and Richard Donoghue, the acting number two, agreed with that conclusion.

horatio-henry-couldery-a-trio-of-kittens

A Trio of Kittens, by Horatio Henry Couldery

This didn’t deter Clark, although it was far outside his job description. He drafted a letter to Georgia Gov. Brian Kemp and other state officials asserting that the department had “identified significant concerns that may have impacted the outcome of the election in multiple states,” and urging them to call the legislature into special session.

Rosen and Donoghue refused to sign, telling Clark there was no such evidence; Clark persisted to the point of telling Rosen that Trump would name Clark as attorney general in his place so the letter could be sent. The whole scheme was derailed only after Trump was confronted with threats of mass resignations at the Justice Department.

Read the rest at the WaPo.

I’ll end with some articles about the Ron DeSantis’ exploitation of asylum seekers by sending them to Martha’s Vineyard, links only:

Raw Story: Lawmakers call for federal investigation of ‘cruel’ Ron DeSantis.

Jamelle Bouie at The New York Times: What the Martha’s Vineyard Stunt Says About the Trump Wannabes.

The Washington Post: A migrant landed on Martha’s Vineyard. A resident jumped in to help.

Miami Herald: This is how much Florida has paid an aviation company to relocate ‘unauthorized aliens.’

Have a great weekend, Sky Dancers!!


Finally Friday Reads: Judge Loose Cannon’s Land of Pure Imagination

Come with me, and you’ll be in a land of pure imagination.” Gene Wilder’s 1971 Willy Wonka in “Willy Wonka and the Chocolate Factory.”

Good Day Sky Dancers!

The big story today is that Trump actually has appointed a few “Trump” judges, and they’re willing and able to create laws and requests out of thin air. Judge Loose Cannon appears to be a wholly-owned subsidiary.  This is not how a democracy works. No one is above the rule of law.

Judge Cannon even stated that Trump’s reputation is on the line.  Who thinks he has a stellar reputation? Why is he more important than any other criminal?  For example, none of his lawyers argued that any of the sensitive material might have been unclassified by Trump. Trump was interviewed conservative by commentator Hugh Hewitt and said he’d done the deed. This, however, is not the point. Unclassified or not, they don’t belong to him.  Plus, the proper procedures and documentation to declassify documents were not done.  This is truly an astounding moment in our republic.

From Jurassic World: Dr. Alan Grant: “It’s just the two Raptors, right? You’re sure the third one’s contained?”
Dr. Ellie Sattler: “Yes, unless they figure out how to open doors.”
Spoiler alert: They do.

Here’s a take on the Hewitt interview from Susan B. Glasser published in The New Yorker: “A Second Trump Term Would Be a Scary Rerun of the First. Remember those “Jurassic Park” velociraptors learning how to open the door? 

On Thursday morning, Donald Trump did a phone interview with the radio host Hugh Hewitt, one of many conservative commentators who started out as harsh critics of Trump only to change their view of him once he came to power. Hewitt asked the former President, who was promoting a campaign rally this weekend for candidates he’s endorsed in Ohio, whether he feared being indicted by the Justice Department for bringing top-secret classified documents with him to Mar-a-Lago when he left office and refusing to return them.

Well, Trump responded, there was no reason for them to charge him, except “if they’re just sick and deranged, which is always possible.” When Hewitt helpfully reminded him that he had previously claimed to have verbally ordered all the documents at issue declassified, Trump agreed. “I have the absolute right to declassify,” the former President said. “Absolute.”

Then Hewitt asked the question that, nearly two years after Trump exited the White House, has, perhaps inevitably, come to dominate American politics since he became the first President in American history to refuse to accept his electoral defeat: “Will you run for President anyway, even if you’re indicted?”

Trump’s response left little doubt that the answer is yes, before he proceeded to issue the kind of threat that, had the violent insurrection at the Capitol on January 6, 2021—and all the rest—not happened, might have been dismissed as the idle but reckless bluster for which he has long been famous. “I don’t think the people of the United States would stand for it,” he said, of an indictment. Trump added, “I think you’d have problems in this country the likes of which perhaps we’ve never seen before.”

Once again, Hewitt tried to play cleanup. “You know that the legacy media will say that you’re attempting to incite violence with that statement,” the host warned the former President. Seemingly unconcerned, Trump blithely repeated the threat. “That’s not inciting,” he insisted. “I don’t think the people of this country would stand for it.”

This remarkable exchange says pretty much everything you need to know about Donald Trump in 2022: he wants to run again for President, and he has little apparent hesitation about calling forth a mob all over again if that’s what it takes. The past, in other words, is prologue. With Trump, it always is.

“That’s Entertainment, Part II” stars Fred Astaire and Gene Kelly, 1976

Follow the link to find out more about “Trump, the Sequel”.  It ain’t entertainment.  Former Secretary of State Hillary Clinton discusses procedure for handling documents with Seth Meyers on “Late Night”. This HuffPo article has a link to the interview and some discussion and is written by Ron Dicker. “Hillary Clinton: Type Of Documents That Trump Had Are Often Handcuffed To An Officer. The former secretary of state detailed the strict protocol for the kind of classified material that Trump may have stashed at home”

Clinton told “Late Night” host Seth Meyers that when she read top-secret material, an officer “would come into my office and would have a handcuff that was attached to a suitcase in order to show me something that was so secret he literally had to have it tied to his hand.”

The officer would watch Clinton read it and sign that she had reviewed it, and then he would take it back, she recalled.

The idea that Trump reportedly squirreled away top-secret information on a foreign government’s nuclear capabilities and the like at a country club prompted Clinton to say: “I don’t care what political party you are. … This is a threat to our national security.”

Clinton, who lost the 2016 presidential election to Trump, harkened back to his supporters’ cries to “lock her up” for using a private email server to conduct government business. Clinton faced accusations that she was trying to conceal wrongdoing. (A State Department investigation of the emails determined in 2019 that “There was no persuasive evidence of systemic, deliberate mishandling of classified information,” The New York Times reported.)

“Unlike those guys, I’m not saying ‘lock him up,’” Clinton said of Trump and his supporters. “I’m saying let’s just find the facts and follow the evidence wherever it goes.”

Peter Falk as Detective Columbo, 1968,
“You try to contrive a perfect alibi, and it’s your perfect alibi that’s gonna hang ya.” …

That sounds a bit like what Columbo used to do.  You goad the criminal long enough and everything unravels.  This is especially true when the criminal is stupid and narcissistic.  This is from The Atlantic and David Frum: “Biden Laid the Trap. Trump Walked Into It. At his Pennsylvania rally, the former president gave exactly the narcissistic display his Democratic nemesis tried to provoke.”

One of the purposes of Biden’s Philadelphia attack on Trump’s faction within the Republican Party was surely to goad Trump. It worked.

Yesterday, in Wilkes-Barre, Pennsylvania, Trump addressed a rally supposedly in support of Republican candidates in the state: Mehmet Oz for the Senate; the January 6 apologist Doug Mastriano for governor. This was not Trump’s first 2022 rally speech. He spoke in Arizona in July. But this one was different: so extreme, strident, and ugly—and so obviously provoked by Biden’s speech that this was what led local news: “Donald Trump Blasts Philadelphia, President Biden During Rally for Doug Mastriano, Dr. Oz in Wilkes-Barre.”

Yes, you read that right: Campaigning in Pennsylvania, the ex-president denounced the state’s largest city. “I think Philadelphia was a great choice to make this speech of hatred and anger. [Biden’s] speech was hatred and anger,” Trump declared last night. “Last year, the city set an all-time murder record with 560 homicides, and it’s on track to shatter that record again in 2022. Numbers that nobody’s ever seen other than in some other Democrat-run cities.”

Trump spoke at length about the FBI search of his house for stolen government documents. He lashed out at the FBI, attacking the bureau and the Department of Justice as “vicious monsters.” He complained about the FBI searching his closets for stolen government documents, inadvertently reminding everyone that the FBI had actually found stolen government documents in his closet—and in his bathroom too. Trump called Biden an “enemy of the state.” He abused his party’s leader in the U.S. Senate as someone who “should be ashamed.” He claimed to have won the popular vote in the state of Pennsylvania, which, in fact, he lost by more than 80,000 votes.

The rally format allowed time for only brief remarks by the two candidates actually on the ballot, Oz and Mastriano. Its message was otherwise all Trump, Trump, Trump. A Republican vote is a Trump vote. A Republican vote is a vote to endorse lies about the 2020 presidential election.

Remember Ron Popeil and his infomercials about his pocket Fisherman?  He had a wonderful long life selling gadgets on TV and passed quietly last year. He sold his Ronco Co. for $55 million and lived to see Dan Aykroyd send him up on SNL.  This is unlikely for Pillow Huckster Mike Lindell.  The Pillow guy was served an FBI subpoena and had his phone grabbed.  Now, like his mentor, the head huckster of the Trump Family syndicate, he’s suing the FBI and just about everybody.  But wait, there’s more!  He’s suing the United States of America! He’s retained, Alan Dershowitz!!  This is from Steve Benen writing for Maddow Blog at MSNBC: “MyPillow CEO Mike Lindell claims FBI executed warrant, seized his phone.  It’s tempting to dismiss Mike Lindell as a silly sideshow, but as the FBI seizes his phone, the Trump insider is facing a serious situation.”

It’s tempting to dismiss Mike Lindell as a silly sideshow. The MyPillow CEO has earned a reputation as a clownish figure in Donald Trump’s orbit, pushing strange conspiracy theories and making outlandish claims about the former president’s imminent reinstatement. In general, Lindell is more likely to generate eye-rolling than outrage.

But when it comes to the investigation into the efforts to overturn the 2020 election results, there are serious questions about Lindell’s efforts that can’t be laughed off.

Indeed, let’s not forget that Trump welcomed the pillow guy into his political fold in the wake of Election Day 2020, and Lindell was seen at the White House after the Jan. 6 attack with a paper with the words “insurrection act” and “martial law if necessary” on it. When the House select committee investigating Jan. 6 subpoenaed Lindell’s records, no one was especially surprised.

As it turns out, congressional investigators aren’t the only ones interested in his perspective. The Associated Press reported overnight that Lindell claimed late yesterday that federal agents seized his cellphone.

Lindell was approached in the drive-thru of a Hardee’s fast-food restaurant in Mankato, Minnesota, by several FBI agents, he said on his podcast, “The Lindell Report.” The agents questioned him about Dominion Voting Systems, Mesa County Clerk Tina Peters and his connection to Doug Frank, an Ohio educator who claims voting machines have been manipulated, he said. The agents then told Lindell they had a warrant to seize his cellphone and ordered him to turn it over, he said. On a video version of his podcast, Lindell displayed a letter signed by an assistant U.S. attorney in Colorado that said prosecutors were conducting an “official criminal investigation of a suspected felony” and noted the use of a federal grand jury.

Given the circumstances, I suppose some caution is in order. Lindell says all sorts of weird things, and as a rule, it’s best not to accept his assertions at face value.

That said, the FBI confirmed that it really did serve Lindell with a search warrant.

You really can’t make this up. But, sometimes, life unfolds like something you’d expect to see on a screen.  Like how about a State Governor that rounds up a bunch of refugees in San Antonia, puts them on a chartered plane, stops in Miami to pick up some Fox News videographers, and dumps them, say in Martha’s Vineyard or downtown Chicago at night, or in front of the Vice President’s Home?  Is this the new version of Beverly Hillbillies? And so old Ron, well he’s a millionaire, loaded up some migrants, and soon they’re in the air…   Well, the saga continues on this one, and happily so for those that landed in the Commonwealth of Massachusetts.  Boomer wrote yesterday about how the folks in the vineyards stepped up to make these folks feel better after the lies and trafficking.

This is from Charlie Sykes, writing for The Bulwark: “The Cruelty and the Crazy. Migrant airlifts and the Unabomber candidate.”

Sorry, but shipping migrants to Martha’s Vineyard is brilliant — a political masterstroke, an epic troll, and, above all hilarious.

You can tell because of the reaction on the right: a cascade of LOLS and triggering-the-libs-huzzahs as Greg Abbott and Ron DeSantis stick it to the hypocritical Blue State elites. Donald Trump may have come down a golden escalator to denounce Mexican rapists, but these guys are actually putting them on buses and sending them to Chicago.

And, sending a busload of migrants to Vice President’s Kamala Harris’s residence is … I’m sorry, but right-wing Twitter needs to catch its breath, it’s laughing so hard. Delaware — Joe Biden’s home state — is next!

Even the respectable cons at Commentary think it’s a “political coup.” Anti-Trump conservative Matt Lewis has also come around. “Blue states are finally getting a taste of what red border states have to deal with every day.”

In DeSantis’s case, he’s using Florida tax dollars to fly Venezuelan refugees fleeing communism from Texas to Massachusetts (which has a Republican governor). But don’t get hung up on the details, because this is priceless political theater that supremely owns the libs, whose tears are the sweet, sweet aphrodisiac for the base.

The cruelty is, of course, simply a bonus. And the “narrative” is more important than cuckish concerns about… morality.

Let’s stipulate of couple of things. First: there is a real problem at the border, and there’s a legitimate debate over how migrants should be handled and who should share the burden.

Abbott and DeSantis have every right to raise questions about border policies; they can make speeches, hold press conferences, run ads, raise money off anti-immigrant outrage, and even stage political events to highlight their positions.

And there is nothing inherently awful about political stunts, especially in our media-besotted political environment.

But this one is different, because they chose to use people — including vulnerable children — as their pawns and props.

The Venezuelan immigrants sent by DeSantis are on their way to the Cape today to be handled the way immigrant families should be handled.  They will be temporarily housed at Joint Base Cape Cod before being relocated to places where they can apply for asylum and start anew.  This is from The Washington Post: “Migrants sent by Gov. DeSantis to Martha’s Vineyard depart for Cape Cod. They will be temporarily housed at Joint Base Cape Cod, according to Mass. Gov. Charlie Baker.”  The weird thing about this one is that the Mass Governor is one of what’s left of old-timey Republicans.

On Friday morning, the dozens of migrants who landed on Martha’s Vineyard this week filed out of the church they’d been sleeping in for two nights to hugs from the local volunteers.

They now had full bags and new cellphones. As they boarded the three white buses that would take them to the ferry, many cried. Eliomar Aguero, 30, put up a peace sign, smiling and thanking the dozens of volunteers waving him on. “Thank you all,” Aguero said in Spanish.

Soon, he and his wife, Maria, would board a ferry. Massachusetts authorities announced Friday that the 50 migrants would be moved from Martha’s Vineyard to a military base in Cape Cod so they can find shelter and chart next steps. The move is voluntary for the migrants, the state said.

Gov. Charlie Baker (R) said the migrants will be offered “shelter and humanitarian supports” in dormitory-style rooms at Joint Base Cape Cod in Bourne. State and local officials will also ensure migrants have food, shelter and other services. Baker said he plans to activate up to 125 members of the Massachusetts National Guard to aid in the relief effort.

Hopefully, they will soon say, “There’s no place like home.”  If there is anything like karma, justice, or whatever, someone will soon drop a house on Ron Desantis and throw a bucket of water on Greg Abbot.

Well, that’s it for me today.

What’s on your reading and blogging list today?

“Wanna change the world?  There’s nothing to it”   Willy Wonka


Thursday Reads

Good Afternoon!!

Once again, the there is so much news that I can’t possibly address everything. The Republican governors of Florida and Texas are engaging in childish behavior that actually could be categorized as human trafficking. Investigations of Trump at the DOJ, the New York Attorney General’s office, and the House January 6 Committee are moving forward. Last night CNN broke the news that Trump’s final chief of staff Mark Meadows is cooperating with a subpoena from the DOJ.

Sometime today, we should get a decision from Judge Loose Cannon about whether she will name a  special master to examine government documents that Trump stole; if she orders a third party to look at highly classified documents, the DOJ will appeal to the 11th Circuit Court. Justice Elena Kagen issued a scathing critique of the Supreme Court. And finally, there are revelations from a new book by married reporters Peter Baker and Susan Glasser. I’ll get to as many of these stories as I can.

 

DeSantis and Abbott Use Migrants in Despicable Stunts

The Vineyard Gazette: Planeloads of Venezuelan Migrants Arrive at Martha’s Vineyard Airport.

Planes carrying approximately 48 migrants from Venezuela and Colombia landed unexpectedly at Martha’s Vineyard Airport Wednesday afternoon. Island officials and volunteers quickly rallied to find temporary shelter for the group.

“We’re immigrants,” Eliase, who said he was from Venezuela, told the Gazette. “We came here because of the situation in our country, for the economy, for work, for lots of things. I came here walking. We went through 10 different countries until we got to Texas. There a refugee association put us in a plane and told us there would be work and housing here. I feel good, despite everything. We spent four days in Texas so it’s good to be here.”

State Sen. Julian Cyr said the planes originated in San Antonio, Tex., and appeared to be part of a larger campaign to divert migrants from border states.

“Just like the reverse freedom rides in the 1960s, this endeavor is a cruel ruse that is manipulating families who are seeking a better life,” Senator Cyr said. “No one should be capitalizing on the difficult circumstances that these families are in and contorting that for the purposes of a “gotcha” moment.”

Florida Gov. Ron DeSantis later issued a statement to media outlets confirming that the airlift “was part of the state’s relocation program to transport illegal immigrants to sanctuary destinations.”

A coalition of emergency management officials, faith groups, nonprofit agencies and county and town officials were organizing food and shelter for the migrants, who spent Wednesday night at St. Andrews Church in Edgartown. The Salvation Army, among others, was providing food.

In a news release Thursday morning, the Martha’s Vineyard Humanitarian Response effort asked that inquiries about how to help be sent by email to EMD@dcsoma.org.

DeSantis used taxpayer money for this, and the immigrants were never even in Florida. 

More from NPR this morning: Migrants on Martha’s Vineyard flight say they were told they were going to Boston.

The unannounced flight drew anger from Massachusetts officials.

“We have the governor of Florida … hatching a secret plot to send immigrant families like cattle on an airplane,” said state Sen. Dylan Fernandes, who represents Martha’s Vineyard. “Ship them women and children to a place they weren’t told where they were going and never alerted local officials and people on the ground here that they were coming. It is an incredibly inhumane and depraved thing to do.”

NPR was able to interview three of the migrants late Wednesday. “They (the migrants) told us they had recently crossed the border in Texas and were staying at a shelter in San Antonio,” NPR’s Joel Rose said on today’s Morning Edition.

The migrants said a woman they identified as “Perla” approached them outside the shelter and lured them into boarding the plane, saying they would be flown to Boston where they could get expedited work papers. She provided them with food. The migrants said Perla was still trying to recruit more passengers just hours before their flight.

Andres Duarte, a 30-year-old Venezuelan, said he had recently crossed the border into Texas and eventually went to a shelter in San Antonio.

“She (Perla) offered us help. Help that never arrived,” Andres said. “Now we are here. We got on the plane with a vision of the future, of making it.” He went on to explain why he boarded the plane with so little information in hand. “Look, when you have no money and someone offers help, well, it means a lot.”

WBUR: 2 busloads of migrants dropped off near VP Harris’ residence.

Two buses of migrants from the U.S.-Mexico border were dropped off near Vice President Kamala Harris’ home in residential Washington on Thursday morning in the bitter political battle over the Biden administration’s immigration policies.

It wasn’t immediately clear which Republican leader had sent them. Texas Gov. Greg Abbott has been busing migrants out of Texas to cities with Democratic mayors as part of a political strategy this year because he claims there are too many arrivals over the border to his state. Arizona Gov. Doug Ducey also has adopted this policy, and Florida Gov. Ron DeSantis also got in on the act recently. It was first dreamed up by former President Donald Trump.

About two dozen men and women stood outside the U.S. Naval Observatory at dawn, clutching clear plastic bags of their belongings brought with them over the border, before moving to a nearby church. Harris’ office had no immediate comment.

This story is still developing.

Multiple Trump Investigations

CNN: Exclusive: Mark Meadows complied with DOJ subpoena in January 6 probe.

Former White House chief of staff Mark Meadows has complied with a subpoena from the Justice Department’s investigation into events surrounding January 6, 2021, sources familiar with the matter tell CNN, making him the highest-ranking Trump official known to have responded to a subpoena in the federal investigation.

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White House Chief of Staff Mark Meadows…on October 30, 2020… (Photo by Sarah Silbiger/Getty Images)

Meadows turned over the same materials he provided to the House select committee investigating the US Capitol attack, one source said, meeting the obligations of the Justice Department subpoena, which has not been previously reported.

Last year, Meadows turned over thousands of text messages and emails to the House committee, before he stopped cooperating. The texts he handed over between Election Day 2020 and Joe Biden’s inauguration, which CNN previously obtained, provided a window into his dealings at the White House, though he withheld hundreds of messages, citing executive privilege.

In addition to Trump’s former chief of staff, one of Meadows’ top deputies in the White House, Ben Williamson, also recently received a grand jury subpoena, another source familiar with the matter tells CNN. That subpoena was similar to what others in Trump’s orbit received. It asked for testimony and records relating to January 6 and efforts to overturn the 2020 election. Williamson previously cooperated with the January 6 committee. He declined to comment to CNN.

Meadows’ compliance with the subpoena comes as the Justice Department has ramped up its investigation related to January 6, which now touches nearly every aspect of former President Donald Trump’s efforts to overturn his 2020 election loss – including the fraudulent electors plot, efforts to push baseless election fraud claims and how money flowed to support these various efforts, CNN reported this week.

The New York Times: N.Y. Attorney General May Sue Trump After Rejecting Settlement Offer.

The New York attorney general’s office has rebuffed an offer from Donald J. Trump’s lawyers to settle a contentious civil investigation into the former president and his family real estate business, setting the stage for a lawsuit that would accuse Mr. Trump of fraud, according to three people with knowledge of the matter.

The attorney general, Letitia James, is also considering suing at least one of Mr. Trump’s adult children, the people said. Ivanka, Eric and Donald Trump Jr., have all been senior executives at Mr. Trump’s company, the Trump Organization.

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Letitia James

The likelihood of a lawsuit grew this month after Ms. James’s office rejected at least one settlement offer from Mr. Trump’s lawyers, the people said. While the Trump Organization for months has made overtures to the attorney general’s office — and the two sides could still reach a deal — there is no indication that a settlement will materialize anytime soon.

Ms. James, a Democrat who is running for re-election in November, is focused on whether Mr. Trump fraudulently inflated the value of his assets and has mounted a three-and-a-half-year inquiry that has cemented her as one of the former president’s chief antagonists. Mr. Trump, who has denied all wrongdoing and derided the investigation as a politically motivated witch hunt, has fired back at her, filing an unsuccessful lawsuit to block her inquiry and calling Ms. James, who is Black, a racist.

A lawsuit from Ms. James would supercharge their drawn-out battle, offering her an opportunity to deliver a significant blow to the former president and his business, which she vowed before taking office to “vigorously investigate.”

Axios: Jan. 6 panel’s subpoena yields “thousands” of Secret Service records.

The chair of the House select committee investigating the Jan. 6 Capitol attack said Wednesday that the panel has received “thousands of exhibits” from Secret Service agents in response to its July subpoena of the agency.

Why it matters: Uncovering information from the Secret Service has been a major focus for the panel since testimony during its public hearings in June and July revealed the agency’s role in key events on Jan. 6.

Driving the news: Chair Bennie Thompson (D-Miss.) told reporters that the materials obtained are “a combination of a number of text messages, radio traffic … thousands of exhibits.”

 — Thompson said the the materials consist “primarily” of texts from agents on Jan. 5 and 6, but declined to go into further detail because the committee is still reviewing them.

 — “The tranches we’ve received have been significant,” he said. “It’s a work in progress.”

 — Rep. Zoe Lofgren (D-Calif.), another committee member, said on MSNBC on Wednesday “it’s been a large volume of information that we really pressed hard for the agency to release.”

CNN: House January 6 committee seeks more John Eastman emails.

The House select committee investigating the January 6, 2021, US Capitol attack is seeking another 3,200 pages of emails from John Eastman, the Trump attorney who spearheaded the far-fetched legal theory that then-Vice President Mike Pence could block Congress’ certification of Joe Biden’s win.

The committee told a federal judge in California in a filing late Wednesday that it needs the additional documents “so that it may complete its efforts, including preparation of the final report” before the end of the year.

In the filing, House counsel Douglas Letter asked US District Court Judge David Carter to review the remaining batch of emails and decide whether Eastman’s claims of executive privilege are valid.

“In light of this exchange over the past month or so, it seems clear that further consultation with Plaintiff’s counsel will not result in the Select Committee receiving the material that it seeks in a timely manner,” the filing states. “Accordingly, the Select Committee now moves for this Court to review and rule on Plaintiff’s claims of privilege” for the remaining documents.

Judge Loose Cannon

U.S. News: Judge’s Rulings Poised to Shape Trump Document Investigation.

U.S. District Judge Aileen Cannon is expected to announce shortly a third-party attorney to review hundreds of confidential documents seized from former President Donald Trump’s Mar-a-Lago residence last month, how long that special master will have to review the material and whether the Justice Department will be allowed to continue its investigation in the name of national security – highly anticipated decisions that will set the course of the prominent federal investigation.

The Justice Department has asked that Cannon rule on these matters by Thursday or it will appeal her ruling appointing a special master to the U.S. Court of Appeals for the 11th Circuit.

Earlier this week, Trump’s lawyers told the judge that the Justice Department should not be able to continue its review of classified material taken from Mar-a-Lago. In the 21-page filing, his legal team attempted to discredit the federal investigation, which they called “a document storage dispute that has spiraled out of control,” and repeated previous claims that Trump had the ability to declassify documents while president as well as broad authority to control his records – even after he left office.

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Judge Aileen Cannon

The Justice Department filed a motion on Tuesday in response, slamming Trump’s lawyers for attempting to delay and discredit the investigation into his mishandling of national security documents, which they argued could cause “irreparable harm” to national security.

“Plaintiff [Trump] has characterized the government’s criminal investigation as a ‘document storage dispute’ or an ‘overdue library book scenario,’” the Justice Department said in a court filing. “In doing so, Plaintiff has not addressed the potential harms that could result from mishandling classified information or the strict requirements imposed by law for handling such materials.”

As it stands, the Justice Department said it would accept one of the three judges Trump’s legal team proposed as a special master, Judge Raymond Dearie, a nominee of former President Ronald Reagan who has served as a federal judge in New York since the 1980s. He retired in 2011 and is now a senior judge on the circuit. Trump rejected the candidates put forth by the Justice Department.

Justice Elena Kagan Speaks

Politico: Kagan repeats warning that Supreme Court is damaging its legitimacy.

Justice Elena Kagan warned again on Wednesday that unsound reasoning and politically convenient conclusions have infected the Supreme Court’s recent opinions and are doing damage to the court’s standing with the American public.

“When courts become extensions of the political process, when people see them as extensions of the political process, when people see them as trying just to impose personal preferences on a society irrespective of the law, that’s when there’s a problem — and that’s when there ought to be a problem,” Kagan said during an event at Northwestern University School of Law.

Kagan has offered similar criticism of the high court on several occasions over the past summer, following its momentous, 5-4 decision in June overturning Roe v. Wade and wiping out a federal constitutional right to abortion that had been recognized for nearly half a century.

However, the recent criticisms from Kagan, an appointee of President Barack Obama and a former Harvard Law School dean, now seem more pointed because they come just days after Chief Justice John Roberts expressed concern publicly that the court’s reputation is being unfairly battered.

In her remarks on Wednesday, Kagan did not mention the landmark abortion ruling she dissented from in June, but she did refer to other decisions where, she said, the court had colored outside the lines….

Among them was a ruling the court delivered on the final day of decisions in June, striking down a key element of the Biden administration’s climate change policy on the ground that Congress should have been more explicit if it was granting the Environmental Protection Agency authority over such a “major question.”

Revelations from New Book by Peter Baker and Susan Glasser

Book review by David Greenberg at the New York Times: A Sober Look at the ‘Cartoonishly Chaotic’ Trump White House.

“His job wasn’t to get things done but to stop certain things from happening, to prevent disaster.” This line from Peter Baker and Susan Glasser’s detail-rich history of the Trump administration, “The Divider: Trump in the White House, 2017-2021,” technically applies to his first secretary of state, Rex Tillerson. But in truth it describes any of several dozen beleaguered helpmates to the former president, whose propensity for petulant rage kept Washington in a fit of indignation and the White House in a mode of perpetual damage control for the better part of four years. Comprehensively researched and briskly told, “The Divider”is a story of disasters averted as well as disasters realized.

Squeezing the tumultuous events of the long national fever dream that was the Donald Trump presidency between two covers — even two covers placed far apart, as is the case with this 752-page anvil — would tax the skills of the nimblest journalist. Yet the husband-and-wife team of Baker and Glasser pull it off with assurance. It’s all here: the culture wars and the corruption, the demagogy and the autocrat-love, the palace intrigue and the public tweets, the pandemic and the impeachments (plural).

To be sure, asking readers in 2022 to revisit the Sturm und Drang of the Trump years may seem like asking a Six Flags patron, staggering from a ride on the Tsunami, to jump back on for another go. But those with strong stomachs will find a lot they didn’t know, and a lot more that they once learned but maybe, amid the daily barrage of breaking-news banner headlines, managed to forget.

Read more at the NYT.

Links to revelations from the book:

Axios: Trump scoops from Peter Baker and Susan Glasser’s new book.

The Guardian: Trump chief of staff used book on president’s mental health as White House guide.

The Washington Post: Trump told Jordan’s king he would give him the West Bank, shocking Abdullah II, book says.

CNN: ‘You’re blowing this’: New book reveals Melania Trump criticized her husband’s handling of Covid.

That’s it for me today. What are your thoughts, and what other stories are you following?