I’m not a fan of royalty, but it does seem significant that Queen Elizabeth II of Great Britain may be dying. She took the throne on February 6, 1952 and is the “longest reigning monarch in world history.” She is 96 years old. The queen is in Scotland and she did not return to London for the appointment of the new Prime Minister Liz Truss. Her family members are either with her at Balmoral Castle or on their way there.
The Washington Post: Queen Elizabeth II under medical supervision as family gathers at Balmoral.
Queen Elizabeth II is under medical care at Balmoral Castle after doctors became concerned about her health, Buckingham Palace said Thursday. Her family is traveling to Scotland to be by her side.
Prince Harry and Meghan are en route to Balmoral, a spokesperson for the couple said. Prince William was also on his way to Balmoral. His wife, Catherine, remained in Windsor as their children, Princes George and Louis and Princess Charlotte, are on their first full day at their new school, Kensington Palace said.
The statement comes a day after Buckingham Palace said Wednesday that the queen, who is 96, had canceled a virtual meeting with the Privy Council on doctor’s advice to rest.
The statements may have been vague on details, but the fact that they were issued at all speaks volumes. The palace typically provides minimal information about the queen’s health.
Also notable: The BBC has suspended programming for today in order to provide updates on the queen’s health.
This morning the deaths of two renowned journalists were announced.
CNN announced: CNN anchor Bernard Shaw dead at 82.
Former CNN anchor Bernard Shaw died Wednesday of pneumonia unrelated to Covid-19, Shaw’s family announced in a statement Thursday. Shaw was 82.
Shaw was CNN’s first chief anchor and was with the network when it launched on June 1, 1980. He retired from CNN after more than 20 years on February 28, 2001.
During his storied career, Shaw reported on some of the biggest stories of that time — including the student revolt in Tiananmen Square in May 1989, the First Gulf war live from Baghdad in 1991, and the 2000 presidential election.
“CNN’s beloved anchor and colleague, Bernard Shaw, passed away yesterday at the age of 82. Bernie was a CNN original and was our Washington Anchor when we launched on June 1st, 1980,” Chris Licht, CNN.
Chairman and CEO, said in a statement Thursday. “He was our lead anchor for the next twenty years from anchoring coverage of presidential elections to his iconic coverage of the First Gulf War live from Baghdad in 1991. Even after he left CNN, Bernie remained a close member of our CNN family providing our viewers with context about historic events as recently as last year. The condolences of all of us at CNN go out to his wife Linda and his children.”
And from NPR: Anne Garrels, longtime foreign correspondent for NPR, dies at 71.
Anne Garrels, longtime foreign correspondent for NPR, died on Wednesday of lung cancer. She was 71 years old.
At NPR, Garrels was known as a passionate reporter willing to go anywhere in the world at a moment’s notice if the story required it. She was also a warm and generous friend to many.
When she arrived at NPR in 1988, she already had a lot of experience under her belt — including 10 years in television news at ABC, where she was bureau chief in both Moscow and Central America.
Garrels made a strong impression on NPR’s Deborah Amos. “She was this glamorous television reporter who came here,” she said. “She didn’t dress like the rest of us in the beginning. And she’d has this long and remarkable career before she landed here … She was always braver than me, and I always understood that she was braver than me.”
That bravery led Garrels into many war zones. And when it came to covering a war, she was there at the beginning, in the middle of the battle, and at the peace table. She was the kind of reporter who would drive alone across a war zone if that’s what it took to get the story.
Read more at NPR.
This morning Steve Bannon surrendered to prosecutors in New York on state charges similar to the federal ones for which Trump pardoned him.
https://twitter.com/RonFilipkowski/status/1567874120213270534?s=20&t=4kVAlEcKZMvpiI395HRKGA
The Washington Post: Bannon charged with fraud, money laundering, conspiracy in ‘We Build the Wall.’
Stephen K. Bannon has been charged with money laundering, fraud and conspiracy in connection with the “We Build the Wall” fundraising scheme, for which he received a federal pardon during Donald Trump’s final days in the White House.
I was hoping for news from the DOJ on whether they will appeal the insane decision by Judge Aileen Cannon to appoint a special master to examine the government documents that Trump stole. But the only news I’ve seen is that they are proposing to unseal more of the Mar-a-Lago search warrant, perhaps to use in their response to Judge Cannon.
There is plenty more Trump legal news though:
A federal grand jury investigating the activities leading up the Jan. 6 attack on the U.S. Capitol and the push by former President Donald Trump and his allies to overturn the result of the 2020 election has expanded its probe to include seeking information about Trump’s leadership PAC, Save America, sources with direct knowledge tell ABC News.
The interest in the fundraising arm came to light as part of grand jury subpoenas seeking documents, records and testimony from potential witnesses, the sources said.
The subpoenas, sent to several individuals in recent weeks, are specifically seeking to understand the timeline of Save America’s formation, the organization’s fundraising activities, and how money is both received and spent by the Trump-aligned PAC….
Trump and his allies have consistently pushed supporters to donate to the PAC, often using false claims about the 2020 election and soliciting donations to rebuke the multiple investigations into the former president, his business dealings, and his actions on Jan. 6.
After the FBI raided Trump’s Mar-a-Lago estate last month, Save America PAC sent out a fundraising email in which Trump urged supporters to “rush in a donation IMMEDIATELY to publicly stand with me against this NEVERENDING WITCH HUNT.”
More from The New York Times: Trump’s Post-Election Fund-Raising Comes Under Scrutiny by Justice Dept.
A federal grand jury in Washington is examining the formation of — and spending by — a PAC created by Donald J. Trump after his loss in the 2020 election as he was raising millions of dollars by baselessly asserting that the results had been marred by widespread voting fraud.
According to subpoenas issued by the grand jury, the contents of which were described to The New York Times, the Justice Department is interested in the inner workings of Save America PAC, Mr. Trump’s main fund-raising vehicle after the election. Several similar subpoenas were sent on Wednesday to junior and midlevel aides who worked in the White House and for Mr. Trump’s presidential campaign.
Among the roughly half-dozen current and former Trump aides in the White House and the 2020 presidential campaign who are said to have received subpoenas this week were Beau Harrison, an aide to Mr. Trump in the White House and in his post-presidency, and William S. Russell, who similarly worked in the West Wing and now for Mr. Trump’s personal office, according to several people familiar with the events….
The fact that federal prosecutors are seeking information about Save America PAC is a significant new turn in an already sprawling investigation of the roles that Mr. Trump and some of his allies played in trying to overturn the election, an array of efforts that culminated with the violent mob attack on the Capitol on Jan. 6, 2021.
Another Trump aide was subpoenaed in connection with planning for the January 6 coup attempt.
From the article:
Federal prosecutors issued a subpoena to a personal aide to former President Donald J. Trump as part of the investigation into the events leading up to the riot at the Capitol on Jan. 6, 2021, people familiar with the matter said.
The move suggests that investigators have expanded the pool of people from whom they are seeking information in the wide-ranging criminal investigation into efforts by Mr. Trump and his allies to reverse his loss in the 2020 election and that agents are reaching into the former president’s direct orbit.
This week, F.B.I. agents in Florida tried to approach William S. Russell, a 31-year-old aide to Mr. Trump who served as a special assistant and the deputy director of presidential advance operations in the White House. He continued to work for Mr. Trump as a personal aide after he left office, one of a small group of officials who did so.
It was not immediately clear what the F.B.I. agents wanted from Mr. Russell; people familiar with the Justice Department’s inquiry said he has not yet been interviewed. But a person with knowledge of the F.B.I.’s interest said that it related to the grand jury investigation into events that led to the Capitol attack by Mr. Trump’s supporters.
That investigation is said to have focused extensively on the attempts by some of Mr. Trump’s advisers and lawyers to create slates of fake electors from swing states. Mr. Trump and his allies wanted Vice President Mike Pence to block or delay certification of the Electoral College results during a joint session of Congress on Jan. 6 to allow consideration of Trump electors whose votes could have changed the outcome.
At Rolling Stone, Adam Rawnsley and Asawin Suebsaeng offer a possible motive for at least some of Trump’s document pilfering: Trump Told White House Team He Needed to Protect ‘Russiagate’ Documents.
IN HIS FINAL days in the White House, Donald Trump told top advisers he needed to preserve certain Russia-related documents to keep his enemies from destroying them.
The documents related to the federal investigation into Russian election meddling and alleged collusion with Trump’s campaign. At the end of his presidency, Trump and his team pushed to declassify these so-called “Russiagate” documents, believing they would expose a “Deep State” plot against him.
According to a person with direct knowledge of the situation and another source briefed on the matter, Trump told several people working in and outside the White House that he was concerned Joe Biden’s incoming administration — or the “Deep State” — would supposedly “shred,” bury, or destroy “the evidence” that Trump was somehow wronged.
Trump’s concern about preserving the Russia-related material is newly relevant after an FBI search turned up a trove of government documents at the former president’s Mar-a-Lago residence.
Since the search, Trump has refused to say which classified government papers and top-secret documents he had at Mar-a-Lago and what was the FBI had seized. (Trump considers the documents “mine” and has directed his lawyers to make that widely-panned argument in court.) The feds have publicly released little about the search and its results.It’s unclear if any of the materials in Trump’s document trove are related to Russia or the election interference investigation. A Trump spokesperson did not respond to a request for comment.
I have a few more articles to share, but I’ll do it in the comment thread. Sorry this post is so late; my internet keeps going in and out.
I was hoping we might hear something from the DOJ this morning, but so far they haven’t responded publicly to Trump judge Aileen Cannon’s ridiculous decision yesterday. According to The Guardian,
Lawyers for Donald Trump are conferring with justice department counterparts to come up by Friday with a list of possible candidates to be the “special master” approved by a district court judge over the former president’s hoarding of classified documents.
So far, I haven’t seen that reported anywhere else.
However, Hillary Clinton did make a public statement today in a Twitter thread.
The Daily Beast has a piece on Trump’s judge shopping. It turns out this isn’t the first time he tried to get Judge Cannon on a case: Trump Went Judge Shopping and It Paid Off in Mar-a-Lago Case.
When former President Donald Trump summoned up years of bubbling resentment and sued Hillary Clinton and everyone else involved in Russiagate earlier this year, he naturally filed his lawsuit in South Florida—home to his oceanside estate.
And yet, when his attorneys formally filed the paperwork, they selected a tiny courthouse in the sprawling federal court district’s furthest northeast corner—a satellite location that’s 70 miles from Mar-a-Lago. They ignored the West Palm Beach federal courthouse that’s a 12-minute drive away.
The tactic failed, and Trump instead got a Clinton-era judge whom he promptly tried to disqualify for alleged bias. U.S. District Judge Donald M. Middlebrooks called him out in a snarky footnote.
“I note that Plaintiff filed this lawsuit in the Fort Pierce division of this District, where only one federal judge sits: Judge Aileen Cannon, who Plaintiff appointed in 2020. Despite the odds, this case landed with me instead. And when Plaintiff is a litigant before a judge that he himself appointed, he does not tend to advance these same sorts of bias concerns,” Middlebrooks wrote in April.
This time Trump hit the jackpot.
Months later, Trump is once again suing in the Southern District of Florida, this time seeking to hamper the FBI investigation into the way he kept hundreds of classified records at Mar-a-Lago. Except this time, he got Cannon.
The strategy is already paying off.
On Monday afternoon, Cannon single-handedly hit the brakes on the most politically sensitive and consequential FBI investigation ever undertaken. Convinced by Team Trump’s legal arguments that the routine Justice Department methods for carefully handling seized documents aren’t good enough when investigating this particular former president, she ordered that a “special master” be tasked with playing referee to dictate what happens with classified documents that are evidence of a crime.
“The investigation and treatment of a former president is of unique interest to the general public, and the country is served best by an orderly process that promotes the interest and perception of fairness,” she wrote in her order.
Read the rest at The Daily Beast.
Charlie Savage at The New York Times: ‘Deeply Problematic’: Experts Question Judge’s Intervention in Trump Inquiry.
A federal judge’s extraordinary decision on Monday to interject in the criminal investigation into former President Donald J. Trump’s hoarding of sensitive government documents at his Florida residence showed unusual solicitude to him, legal specialists said….
Siding with Mr. Trump, the judge, Aileen M. Cannon, ordered the appointment of an independent arbiter to review the more than 11,000 government records the F.B.I. seized in its search of Mar-a-Lago last month. She granted the arbiter, known as a special master, broad powers that extended beyond filtering materials that were potentially subject to attorney-client privilege to also include executive privilege.
Judge Cannon, a Trump appointee who sits on the Federal District Court for the Southern District of Florida, also blocked federal prosecutors from further examining the seized materials for the investigation until the special master had completed a review.
In reaching that result, Judge Cannon took several steps that specialists said were vulnerable to being overturned if the government files an appeal, as most agreed was likely. Any appeal would be heard by the Court of Appeals for the 11th Circuit in Atlanta, where Mr. Trump appointed six of its 11 active judges.
Some of the expert reactions:
This was “an unprecedented intervention by a federal district judge into the middle of an ongoing federal criminal and national security investigation,” said Stephen I. Vladeck, a law professor at University of Texas….
Paul Rosenzweig, a former homeland security official in the George W. Bush administration and prosecutor in the independent counsel investigation of Bill Clinton, said it was egregious to block the Justice Department from steps like asking witnesses about government files, many marked as classified, that agents had already reviewed.
“This would seem to me to be a genuinely unprecedented decision by a judge,” Mr. Rosenzweig said. “Enjoining the ongoing criminal investigation is simply untenable.” [….]
“Judge Cannon had a reasonable path she could have taken — to appoint a special master to review documents for attorney-client privilege and allow the criminal investigation to continue otherwise,” said Ryan Goodman, a New York University law professor. “Instead, she chose a radical path.”
A specialist in separation of powers, Peter M. Shane, who is a legal scholar in residence at N.Y.U., said there was no basis for Judge Cannon to expand a special master’s authority to screen materials that were also potentially subject to executive privilege. That tool is normally thought of as protecting internal executive branch deliberations from disclosure to outsiders like Congress.
“The opinion seems oblivious to the nature of executive privilege,” he said.
The Justice Department is itself part of the executive branch, and a court has never held that a former president can invoke the privilege to keep records from his time in office away from the executive branch itself.
Read the whole thing at the NYT.
In other news . . .
From CNN this morning:
From the CNN article:
A Republican county official in Georgia escorted two operatives working with an attorney for former President Donald Trump into the county’s election offices on the same day a voting system there was breached, newly obtained video shows.
The breach is now under investigation by the Georgia Bureau of Investigation and is of interest to the Fulton County District Attorney, who is conducting a wider criminal probe of interference in the 2020 election.
The video sheds more light on how an effort spearheaded by lawyers and others around Trump to seek evidence of voter fraud was executed on the ground from Georgia to Michigan to Colorado, often with the assistance of sympathetic local officials.
In the surveillance video, which was obtained by CNN, Cathy Latham, a former GOP chairwoman of Coffee County who is under criminal investigation for posing as a fake elector in 2020, escorts a team of pro-Trump operatives to the county’s elections office on January 7, 2021, the same day a voting system there is known to have been breached.
The two men seen in the video with Latham, Scott Hall and Paul Maggio, have acknowledged that they successfully gained access to a voting machine in Coffee County at the behest of Trump lawyer Sidney Powell.
Text messages, emails and witness testimony filed as part of a long-running civil suit into the security of Georgia’s voting systems show Latham communicated directly with the then-Coffee County elections supervisor about getting access to the office, both before and after the breach. One text message, according to the court document, shows Latham coordinating the arrival and whereabouts of a team “led by Paul Maggio” that traveled to Coffee County at the direction of Powell.
Three days after the breach, Latham texted the Coffee County elections supervisor, “Did you all finish with the scanner?” According to court documents, Latham testified she did not know what Hall was doing in Coffee County. But when confronted with her texts about the scanner, she asserted her Fifth Amendment rights.
More from The Washington Post:
The new video adds to the picture of the alleged breach in Coffee County on Jan. 7, 2021, and reveals for the first time the later visits by Logan and Lenberg. It also provides further indications of links between various efforts to overturn the election, including what once appeared to be disparate attempts to access and copy election system data in the wake of Trump’s loss.
Experts have expressed concern that such efforts could expose details of voting systems’ hardware and software that are intended to be tightly controlled, potentially aiding hackers who might seek to alter the results of a future election. Data copied from elections systems in other states has been published online. Georgia state officials and voting-machine makers have downplayed the risk, pointing to safeguards that they say protect the systems from tampering.
The Post reported last month that a data forensics firm hired by the pro-Trump lawyer Sidney Powell copied software and data from the Dominion Voting Systems machines used by Coffee County. The Georgia Bureau of Investigation has said it is investigating the matter.
Details of the Coffee County incident have come to light largely because of a flurry of subpoenas and depositions by plaintiffs in a long-running federal lawsuit against Georgia authorities over the security of the state’s elections. Emails and other records they obtained from the data forensics firm, Atlanta-based Sullivan Strickler, showed that the Coffee episode was part of a coordinated multistate effort to access voting equipment in a hunt for evidence that the election was rigged….
The security footage shows only the exterior of the office’s entrance area, and it is not clear what the consultants Logan and Lenberg did inside….
David Cross, a lawyer who represents some of the plaintiffs in the civil case, said the additional visits raise questions about why the two men returned. “The biggest concern that we have is future elections,” said Cross, whose clients are pressing Georgia authorities to replace the state’s ballot-marking machines with hand-marked paper ballots.
Logan and Lenberg have played roles inthe multistate pursuit of voting machines by Trump supporters. Michigan Attorney General Dana Nessel (D) has asked for a special prosecutor to decide whether to pursue charges against them and others for allegedly conspiring to unlawfully access elections equipment in three counties there last year. Logan and Lenberg also provided affidavits as expert witnesses in a post-election lawsuit in Antrim County, Mich., after a judge granted SullivanStrickler access to Dominion Voting Systems machines there.
Another election interference story from David Folkenflick at NPR:
NPR: Fox producer’s warning against Jeanine Pirro surfaces in Dominion defamation suit.
The November 2020 email from an anguished Fox News news producer to colleagues sent up a flare amid a fusillade of false claims.
The producer warned: Fox cannot let host Jeanine Pirro back on the air. She is pulling conspiracy theories from dark corners of the Web to justify then-President Donald Trump’s lies that the election had been stolen from him. The existence of the email, confirmed by two people with direct knowledge of it, is first publicly disclosed by NPR in this story. Fox News declined comment.
Pirro was far from alone in broadcasting such false claims. In the weeks that followed Election Day 2020, other prominent Fox stars, commentators and their guests heavily promoted them.
A repeat target was Dominion Voting Systems, the election machine and technology company. Trump and his allies alleged on Fox that Dominion was engaged in a conscious effort to throw the 2020 race to Joe Biden. They implied and falsely asserted on Fox programs that Dominion’s machines and software either discarded Trump’s votes or transferred them to Biden. Dominion argues their false claims were frequently egged on by Fox’s own stars.
The producer’s email is among the voluminous correspondence acquired by Dominion’s attorneys as part of its discovery of evidence in a $1.6 billion defamation suit it filed against Fox News and its parent company. Dominion alleges it has been “irreparably harmed” by the lies, conspiracy theories and wild claims of election fraud that aired on Fox.
Pirro’s role remains under sharp scrutiny. She attended Trump’s belligerent address from the White House late on election night 2020 and advanced his arguments on the air.
Read more at NPR.
That’s it for me. I hope we’ll learn more about the DOJ’s response to Judge “Loose Cannon’s” decision during the course of the day. What other stories are you following?
Card Players, Hal Woodruff, 1958
A Trump-appointed Federalist Society Judge took a radical view toward the law regarding Presidential Documents and ordered a Special Master to review the documents seized during the search of his Mar-a-Lago country club. This is from NBC: “Judge grants Trump’s special master request, delays parts of a criminal probe. The Trump-appointed judge dismantled Justice Department arguments and said the unique case called for a neutral review of documents the FBI seized at Mar-a-Lago”.
In a major blow for the government, a federal judge approved former President Donald Trump’s request for a special master to oversee all the evidence the FBI seized last month from his Mar-a-Lago estate and temporarily blocked parts of the Justice Department’s investigation.
U.S. District Judge Aileen Cannon — a Trump appointee — said in her ruling Monday that the special master should be able to review the documents seized to address both questions of attorney-client privilege and also to litigate claims of executive privilege.
Government employees screening the documents had only set aside ones that may have been protected by attorney-client privilege and argued that executive privilege was not at play here.
“In addition to being deprived of potentially significant personal documents, which alone creates a real harm, Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public,” she wrote.
Trump had requested that a special master, a third party attorney, review the material seized on Aug. 8 to assess for potential attorney-client or executive privilege issues.
Trump’s attorneys argued in a recent court filing that “left unchecked, the DOJ will impugn, leak, and publicize selective aspects of their investigation with no recourse for [Trump] but to somehow trust the self-restraint of currently unchecked investigators.
The Justice Department had argued against the special master request, saying that a special master “is unnecessary and would significantly harm important governmental interests, including national security interests.” In a statement on Monday, DOJ Spokesman Anthony Coley said, “The United States is examining the opinion and will consider appropriate next steps in the ongoing litigation.”
Cannon allowed a national security review of the records to continue but temporarily blocked the government from reviewing and using them for its “investigative purposes.” She systematically rejected the DOJ’s arguments that Trump’s special-master request was filed too late, was superfluous and that Trump had no right for review because he didn’t own the documents in question that were seized.
Cannon did not immediately grant Trump’s request to get back more of his property more quickly.
Legal analysis by lawyers and scholars has not been kind to the judge. Just so you know, there is no such thing in law as a “special master” to review “executive privilege”.
This is astounding. How does he get away with this?
Many lawyers online Lawyers question how a former President can claim executive privilege against the Justice Department since it is part of the executive branch.
Explanations provided by the judge do not appear based on law or precedent. This is from Rolling Stone: “Trump Is Getting the ‘Special Master’ He Asked for in the FBI Mar-a-Lago Case. Florida Judge Aileen Cannon has granted former President Donald Trump’s request for a “special master” to review seized documents.” This is written by Nikki McCann Ramirez.
But Monday’s ruling does in part grant the late request from Trump’s lawyers to stop the DOJ from reviewing documents collected in the department’s investigation of Trump’s retaining and handling of classified materials.
In the ruling Cannon, cited concerns over the potential damage to Trump should materials in the custody of the DOJ be leaked to the public. “In addition to being deprived of potentially significant personal documents, which alone creates a real harm,” wrote Cannon, “Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public.”
While ruling may temporarily delay proceedings, the DOJ has already had a chance to conduct their own review of materials seized in the raid, and will have a chance to influence the selection of the “special master.” Judge Cannon has ordered both camps to submit their proposed candidates by September 9th.
What about the damage done to our national security, our nation, and our allies by Trump?
Cannon appears to have created an executive privilege component out of thin air.
Picking Cotton, Hale Woodruff, 1936
This is from Perry Stein writing for The Washington Post: “Judge grants Trump request for special master to review Mar-a-Lago documents. Rulings says prosecutors can’t use seized documents in criminal probe until they are examined by outside expert” The man stole them. They weren’t his. WTF?
In opposing the appointment of a special master, Justice Department lawyers told Cannon they had already sorted through the documents, using a “filter team” to separate out more than 500 pages of potentially privileged documents. That arrangement was approved by a U.S. magistrate judge who authorized the Mar-a-Lago search warrant. Prosecutors said appointing a special master would be pointless, given the previous filter team review — but Cannon disagreed. They also said that there was no legal basis to appoint a special master in this case and that Trump had no rights to possess White House documents once he left office.
On Friday, Cannon unsealed a detailed inventory list of items seized from Mar-A-Lago. It showed that Trump intermingled classified and unclassified materials in boxes at Mar-A-Lago and had dozens of empty folders that bore a “classification” marking.
Georgia Landscape, by Hale Woodruff, circa 1934-1935
This is from the blog Lawyers, Guns, and Money: “LAME DUCK CONFIRMATION OF REPUBLICAN “JUDGE” PROVIDES IMMEDIATE PAYOFF FOR TRUMP”. This is written by Scott Lemieux.
I’ve always liked this blog because they don’t pull punches ever.
On November 12 2020, after Donald Trump had already been defeated, the Senate was able to ram through the confirmation of 39-year-old Federalist Society hack Aileen Cannon to the District Court of Southern Florida. The political payoff for Trump has been swift:
his refers to this particular thread provided by lawyer, teacher, and law analyst Steve Vladeck followed by the Ashey Rangappa tweet I posted above.
Needless to say, this kind of lawlessness, designed to try to run out the clock and make it harder to indict Trump as 2024 gets closer, would mean a lot less were 11CA and the Supreme Court not also controlled by Republican hacks willing to wink at the law to help out Daddy Trump.
Here’s the thread by Vladeck.
The artwork today is by Hale Woodruff whose many wonderful paintings are featured at The Smithsonian. His most famous work are Murals featured at Talladega University which is the first HBC in the United States. One of these mural is posted above. I thought that this labor day I would feature this great Black American Artist since so many of his works feature black workers. Remember, African American Slaves and their descendents built much of this country.
Happy Labor Day!
What’s on your blogging and reading list today?
Cat and kitten, by Théophile Alexandre Steinlen, 1920
Yesterday we got new information about the highly classified documents Trump stole from the government and carelessly left lying around his office at Mar-a-Lago. In her Friday post, Dakinikat wrote about the empty folders marked classified and the boxes containing classified documents mixed with news clippings, and personal items like clothing. The inventory from the search also shows thousands of unclassified government documents, which also belong in the National Archives.
From The Los Angeles Times: Trump search inventory shows empty folders marked ‘classified,’ mixed top-secret and unclassified items.
Twenty-seven documents with classified and top-secret markings were recovered from former President Trump’s office at his Mar-a-Lago estate in Florida, according to a detailed inventory of what the FBI removed during its court-approved search of the home last month.
The eight-page inventory detailing more than 10,000 government documents removed in the search includes the location where each item was found and whether it was classified, but not the subject matter. In many cases, highly classified materials are listed as having been stored in the same boxes as hundreds of unclassified items, including newspaper and magazine clippings and clothing.
Among the boxes were 48 empty folders marked with a classified banner. Those empty folders could be of particular concern as the Office of the Director of National Intelligence assesses the risks to national security that could result from disclosure of the contents, because it could be difficult to determine what information might have been inside and where it is now….
FBI agents removed more than 100 documents containing classified information — including some marked top secret and meant to be available only in special government facilities — from the Trump estate during their Aug. 8 search, along with over 30 boxes of materials including thousands of government records.
What was in those empty folders?
Identifying what was in the empty folders marked classified and where the information is now should be a priority, said Rep. Sean Patrick Maloney (D-N.Y.), a member of the House Intelligence Committee.
“Why are there folders that contained classified information that are now empty? Where are the documents?” Maloney said. “Those questions need to be answered.”
Still LIfe with Flowers and cats, Paul Gauguin, 1899
Without knowing more about the folders, it is difficult to say how alarmed intelligence officials might be, Maloney said.
They could be the type of generic folders in which confidential information is transported within the White House, or they could be folders from intelligence agencies that provide details about the sources of the information, the date it was collected and broad descriptions of what it is about, said Larry Pfeiffer, a high-ranking CIA officer in the George W. Bush administration and senior director of the White House Situation Room in the Obama administration.
“If there were any meticulous records that were kept by the staff secretary, executive secretary or the [director of national intelligence’s] presidential daily briefing staff, they may be able forensically to figure out if there are any missing documents,” Pfeiffer said.
That 48 classified documents could be missing is the “worst-case scenario,” he said.
“That’s terrifying, because then what happened to them? Where are they? Are they still hidden somewhere? Are they hidden in another Trump location? Did he give them away to some people as souvenirs? God knows,” Pfeiffer said.
Raw Story reported on what experts are saying about the empty folders: ‘Unfathomably dangerous’: Former federal prosecutor on Trump’s empty folders warns ‘things just went from bad to worse’
Immediately after a federal judge released the Dept. of Justice’s detailed list of items the FBI seized from Mar-a-Lago experts agreed among the most concerning details was that there were a large number of empty folders marked “Classified.”
Glenn Kirschner, a former federal prosecutor of 30 years, tweeted out his surprise and concern.
“OMG!” exclaimed Kirschner, who is also an MSNBC/NBC News legal analyst. “Court just released an inventory of evidence of crime seized at Mar-a-Lago.”
“Dozens of EMPTY folders labeled ‘Classified’ or ‘Return to Military Aide.’ Trump didn’t pack up EMPTY folders to take with him to FLA. Things just went from bad to worse to unfathomably dangerous.” [….]
Andrew Weissmann, a former General Counsel of the Federal Bureau of Investigation who has also worked as chief of the criminal fraud section of DOJ observed: “It’s the empty classified folders that are of most concern.”
“Where are the contents? Trump has not addressed that at all in all his bluster and obfuscation. What were you doing with these?” asked Weissmann, who also worked for Special Counsel Robert Mueller….
National security attorney Brad Moss wrote, “Very first question the FBI would ask the person who had in their home office 43 empty folders with classified banners is ‘where did the documents from those folders go????'”
And later he added: “Why. Are. There. Empty. Folders?”
Young Girl with a Cat 1892, Berthe Morissot
Analysis from Aaron Blake at The Washington Post: What we know about Trump and the empty folders.
We know very little about what this [the empty folders] means right now, though, and experts say it doesn’t necessarily mean the documents are missing, as some Trump critics theorized. What it does seem to reinforce is how sloppily classified information was handled.
In both the search warrant affidavit released last week and a Justice Department filing in a court case this week, the government has pointed to a February referral from the National Archives. The referral raised concerns about Trump’s potential mishandling of sensitive documents and urged an investigation.
“Of most significant concern was that highly classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] identified,” the National Archives said.
The biggest question is obviously: Why were those folders empty? Since classified documents were previously returned “unfoldered” — and others were recovered in the search last month — and now we have classified-marked folders without documents in them, it’s possible they match up.
Whether they actually do match is another matter, as is whether the documents can even be traced to a given folder.
From a national security expert:
David Priess, a former CIA officer whose work there included delivering the President’s Daily Brief, said Friday that the presence of empty folders doesn’t mean documents are missing, but also that it’s possible we won’t know for sure. He said the folders could contain markings allowing them to be traced to specific documents (but that’s not certain), or that they could be connected using forensic techniques.
“We cannot rule out that those empty folders contained classified documents that were not discovered in the search and seizure,” he said. “We just don’t know. That’s much harder to determine.”
He also noted it was possible that the folders were separated from the documents when they were still in the White House, before they were taken to Mar-a-Lago.
But mostly, he said, it’s further evidence of something we already knew: The documents were haphazardly stored.
There’s more analysis at the WaPo link.
Family Portrait, Carl Kahler
It’s not just the documents that were found in Trump’s office that were mishandled. The Washington Post published a long read yesterday on the storage room where boxes of documents were stored and why Mar-a-Lago was such a dangerous place for government documents to be kept: Deep inside busy Mar-a-Lago, a storage room where secrets were stashed. The storage room is below the estate’s giant living room.
Two more developments on the purloined documents story:
Bill Barr spoke out on the stolen documents investigation. The New York Times: Barr Dismisses Trump’s Request for a Special Master.
Former Attorney General William P. Barr dismissed former President Donald J. Trump’s call for an independent review of materials seized from his Florida home on Friday — and said an inventory of items recovered in the search last month seemed to support the Justice Department’s claim that it was needed to safeguard national security.
“As more information comes out, the actions of the department look more understandable,” Mr. Barr told The New York Times in a phone interview, speaking of the decision by the current attorney general, Merrick B. Garland, to seek a search warrant of the complex at Mar-a-Lago.
“It seems to me they were driven by concern about highly sensitive information being strewn all over a country club, and it was taking them almost two years to get it back,” said Mr. Barr, who resigned in December 2020, as Mr. Trump pushed him to support false claims that the election had been stolen.
“It appears that there’s been a lot of jerking around of the government,” he added. “I’m not sure the department could have gotten it back without taking action.”
Asked what he thought of the argument for the appointment of a special master, an independent arbiter to review the material that could delay the investigation, Mr. Barr laughed.
Pierre Bonnard, Children and a Cat, 1909
“I think it’s a crock of shit,” he said, adding, “I don’t think a special master is called for.” [….]
Mr. Barr’s comments, which echo the assessment of many Democrats and a few Republicans, including the former Bush adviser Karl Rove, came as Mr. Trump’s supporters tried to downplay the importance of the inventory unsealed by a federal judge in Florida.
The eight-page document, which was made public with the tacit assent of the former president’s lawyers, revealed that the F.B.I. recovered 11,179 documents or photographs without classification markings belonging to the government, and more than 100 others marked top secret, secret or confidential.
“It’s hard to wrap your head around him taking so much sensitive materials,” Mr. Barr said. “I was, let’s just say, surprised.”
Mark Meadows coughed up some records in the wake of the events at Mar-a-Lago. CNN: After Mar-a-Lago search, Meadows turns over more texts and emails to Archives.
Within a week of the FBI search of former President Donald Trump‘s Mar-a-Lago resort, former White House chief of staff Mark Meadows handed over texts and emails to the National Archives that he had not previously turned over from his time in the administration, sources familiar with the matter tell CNN.
Meadows’ submission to the Archives was part of a request for all electronic communications covered under the Presidential Records Act. The Archives had become aware earlier this year it did not have everything from Meadows after seeing what he had turned over to the House select committee investigating January 6, 2021. Details of Meadows’ submissions to the Archives and the engagement between the two sides have not been previously reported….
The records Meadows turned over to the Archives were not classified, and the situation is markedly different from the Archives’ efforts to retrieve federal records from Trump and its referral to the Justice Department earlier this year when classified materials were discovered among documents the agency retrieved from Mar-a-Lago.
The source familiar with the discussions said that the Archives considered Meadows to be cooperating, even though the process started slowly.
“This is how it’s supposed to work,” the source added, saying it was not the kind of situation that needed to be referred to the Justice Department.
As you can see, I’m still totally obsessed with the stolen documents story. There are actually other things happening, and I’ll post some more items in the comment thread. I hope you’ll do the same.
E pluribus unum / Andrew B. Graham, litho., Washington, D.C., Library of Congress
President Biden went on TV to state the obvious in the birthplace of our Democracy, Philadelphia. I was glad to hear it, but I wonder if it really will reach the ears and hearts of those that need to hear it most. Here’s David Frum’s rationale at The Atlantic: “The Justification for Biden’s Speech. So much of it was true.” I thought POTUS was inspired by the historians’ panel he hosted last month and wanted to set the stage for the midterms before Labor Day.
President Joe Biden last night used the backdrop of Philadelphia’s Independence Hall to accuse his political opponents of betraying American democracy. The complaints from GOP leaders are loud. How dare Biden use this birthplace of the republic to speak that way about former President Donald Trump and his tens of millions of supporters?
During his presidency, Trump repeatedly used places of national memory for partisan purposes. He gave a slashing partisan interview to Fox News from the Lincoln Memorial. At Mount Rushmore, he denounced “a new far-left fascism” that seeks “to wipe out our history, defame our heroes, erase our values and indoctrinate our children.” Accepting the 2020 Republican nomination on the grounds of the White House, he predicted that his Democratic opponent, Joe Biden, would be “the destroyer of American greatness.”
These deviations from past custom elicited some tut-tutting from a few who cared. But the complaints were ineffectual; Trump did it again and again.
So last night, President Biden followed the old adage: If you can’t beat them, join them. He briefly drew a distinction between those Trump-loyal Republicans and the bulk of the Republican Party. But that was a mere courtesy, because he almost immediately added, “There’s no question that the Republican Party today is dominated, driven, and intimidated by Donald Trump and the MAGA Republicans.” Biden presented the 2022 ballot question as a stark choice between right (his party) and wrong (the party that has become Trump’s party).
“Ladies and gentlemen,” he said, “we can’t be pro-insurrectionist and pro-American. They’re incompatible. We can’t allow violence to be normalized in this country. It’s wrong.”
We’ve spent innumerable posts over the past 7 years on crimes committed by the former guy. We’ve watched his minions get the frogmarch to jail. We’ve had NAZIs and White Christian Nationalists marching everywhere. We’ve had a deadly, but thankfully, unsuccessful insurrection. What about Trump and Trumpism is compatible with our democratic values? And, what about the governors of states that can’t seem to resist the urge to purge democracy in their own states? Or the urge to grift taxpayer money for them and theirs.
Is this what you want for your state or country? After all these years, the FBI is back in Mississippi.
Brett Favre earned nearly $140 million as a star NFL quarterback over two decades and millions more in product endorsements.
But that didn’t stop the state of Mississippi from paying Favre $1.1 million in 2017 and 2018 to make motivational speeches — out of federal welfare funds intended for needy families. The Mississippi state auditor said Favre never gave the speeches and demanded the money back, with interest.
Favre has repaid the fees, although not the $228,000 in interest the auditor also demanded. But the revelation by the auditor that $70 million in TANF welfare funds was doled out to a multimillionaire athlete, a professional wrestler, a horse farm and a volleyball complex are at the heart of a scandal that has rocked the nation’s poorest state, sparking parallel state and federal criminal investigations that have led to charges and guilty pleas involving some of the key players.
Favre hasn’t been accused of a crime or charged, and he declined an interview. His lawyer, Bud Holmes, said he did nothing wrong and never understood he was paid with money intended to help poor children. Holmes acknowledged that the FBI had questioned Favre in the case, a fact that hasn’t previously been reported.
The saga, which has been boiling at low grade for 2½ years, drew new attention in July, when the state welfare agency fired a lawyer who had been hired to claw back some of the money, just after he issued a subpoena seeking more information about the roles of Favre and the former governor, Phil Bryant, a Republican. The current governor, Republican Tate Reeves, acknowledged playing a role in the decision to sack Brad Pigott, accusing the Bill Clinton-appointed former U.S. attorney of having a political agenda. But the state official who first uncovered the misspending and fraud, auditor Shad White, is a Republican.
In his first television interview since he was fired, Pigott said his only agenda was to get at the truth and to recoup U.S. taxpayer funds sent to Mississippi that he says were “squandered.”
“The notion of tens of millions of dollars that was intended by the country to go to the alleviation of poverty — and to see it going toward very different purposes — was appalling to many of us,” he said. “Mr. Favre was a very great quarterback, but having been a great NFL quarterback, he is not well acquainted with poverty.”
Pigott, who before he was fired sued on behalf of Mississippi’s welfare agency, naming Favre and 37 other grant recipients, laid ultimate blame at the feet of top Mississippi politicians, including Bryant.
“Governor Bryant gave tens of millions of dollars of this TANF welfare money to a nonprofit led by a person who he knew well and who had more connections with his political party than with the good people in Mississippi who have the heart and the skills to actually cajole people out of poverty or prevent teenage pregnancies,” he said.
And what would the MAGA movement be without Texas? I’m no lawyer, but I can’t imagine age restrictions on guns is a constitutional issue.
Gov. Greg Abbott drew fury from parents of Uvalde shooting victims and others Wednesday after dismissing discussions about raising the age to buy assault-style weapons from 18 to 21, arguing that doing so has already been ruled “unconstitutional.”
Surrounded by supporters, some holding signs that read “parents matter,” during a reelection campaign stop in Allen, Abbott told reporters: “There have been three court rulings since May that have made it clear that it is unconstitutional to ban someone between the ages of 18 and 20 from being able to buy an AR — that came out of the Court of Appeals and then there was a Supreme Court decision that upheld it. And most recently, a federal court in the state of Texas stuck down a Texas law that banned people from buying a handgun.”
Uvalde families have pushed for Abbott to call a special session to raise the minimum age to 21 for the purchase of assault weapons. Robb Elementary School gunman Salvador Ramos bought two AR-15-style rifles just days after he turned 18 and used the weapons to kill 19 students and two teachers.
Over the weekend, Uvalde families gathered at the State Capitol to make their demands clear. However, while in Allen, Abbott stated: “It’s clear that the gun control law that they are seeking in Uvalde, as much as they may want it, it has already been ruled to be unconstitutional.”
The court rulings Abbott cited include one from a federal judge in Fort Worth that struck down a Texas statute banning adults aged 18-to-20 from carrying handguns in public after deeming the restriction unconstitutional. State law currently bars most people under age 21 from obtaining a license to carry a handgun except “under certain types of protective orders.” In his ruling, U.S. District Judge Mark Pittman frequently cited a June Supreme Court ruling that struck down a New York gun law that restricted concealed carry of a handgun.
According to an emailed statement from Abbott’s office, the governor was also referring to a federal appeals court ruling in May that California’s ban on the sale of semiautomatic rifles to adults younger than 21 was unconstitutional.
A video of Abbott making the claim circulated on social media, drawing reactions from Texas leaders and Uvalde parents. Brett Cross, father 8-year-old victim Uziyah Garcia’s father, tweeted a video in response to Abbott, noting the “parents matter” signs.
“What parents are you referring to actually? Because it’s not us in Uvalde,” Cross said. Cross also claimed that during a conversation he had in person with Abbott, the governor shut down any talks about changing gun laws because it wouldn’t have changed anything. Abbott allegedly pointed to the 17-year-old gunman from the Santa Fe High School shooting in 2018, Cross said.
And let’s not forget Ron DeSantis in Florida and the horrid Republicans there.
This stuff would’ve made Donald Segretti blush. MAGA Republicans are doing everything they can to steal elections.
A jury of six people found Seminole County GOP Chairman Ben Paris guilty on Thursday of causing his cousin’s name to be falsely listed on independent “ghost” candidate Jestine Iannotti’s campaign contribution forms in 2020.
Paris was sentenced to 12 months of probation and 200 hours of community service for the misdemeanor and ordered to pay roughly $42,000 — the cost of the Florida Department of Law Enforcement investigation into the apparent vote-siphoning scheme.
Iannotti said Paris contacted her in May 2020 asking her to run in a competitive state Senate race. Though Iannotti had no political experience when she entered the race and did not campaign, her candidacy was central to the scheme, as she was promoted as a progressive in an advertising blitz that was apparently intended to draw votes from her Democratic opponent.
Paris was stoic as the verdict was read and as the judge detailed his sentence. He and his attorney Matthews Bark declined to comment as they left the courtroom Thursday.
Bark after the verdict said Paris does not plan to remain in politics and would have to resign as the Seminole GOP’s chair.
Another article from the Houston Chronicle features the slimiest Senator in the District. Independents and Democrats need to come out in droves and get rid of these idiots!
Senator Ted Cruz has emerged as one of the biggest critics of President Joe Biden’s student loan forgiveness plan and now he and other Texas Republicans are reportedly exploring legal options to block the policy before it takes effect, alleging the move to cancel student debt is actually against the law.
…
A group of GOP attorneys from multiple states, including Arizona and Missouri alongside Texas, recently met in private to discuss their strategy to file lawsuits around the country that challenge the policy, according to a Thursday report from the Washington Post.
So, it’s no wonder MAGA Republicans are angry about Biden’s speech. Here’s some coverage of that. This is from Greg Sargent writing at The Washington Post. “MAGA Republicans are seething with rage because Biden hit his target.”
Republicans are in a rage over President Biden’s speech in Philadelphia, in which he flatly declared that the American democratic experiment is in serious danger due to Donald Trump and the Republicans who remain allied with his political project.
So here’s a question for those Republicans: What exactly in Biden’s speech was wrong?
Many objections have been general: Republicans say his speech disparaged millions, that it was angry, or divisive, or political, or hateful, or depicted Republicans as the enemy.
In coming days, these Republicans will retreat into right-wing media safe spaces to fulminate without facing cross-examination. But when they venture into mainstream forums, they should be pressed on specifics.
Those links with the pejorative words go to Republican tweets if you want to see what the usual suspects barked.
So, the last link is on the Former Guy, the Carnival Barker. We now have a more detailed list of what the FBI found at the Mar-a-Lago Big Tent. This is from Eric Tucker writing for the AP: “Trump search inventory released, reveals new details on docs.”
FBI agents who searched former President Donald Trump’s Florida home last month found empty folders marked with classified banners, according to a more detailed inventory of the seized material made public by the Justice Department on Friday.
The inventory reveals in general terms the contents of 33 boxes taken from an office and a storage room at Mar-a-Lago during the Aug. 8 search. Though the inventory does not describe any of the documents, it shows the extent to which classified information — including material at the top-secret level — was kept in boxes and containers at the home and commingled among newspapers, magazines, clothing and other personal items.
The Justice Department has said there was no secure space at Mar-a-Lago for such sensitive government secrets, and has opened a criminal investigation focused on their retention there and on what it says were efforts in the last several months to obstruct that probe.
The inventory shows that 43 empty folders with classified banners were taken from a box or container at the office, along with an additional 28 empty folders labeled as “Return to Staff Secretary” or military aide. Empty folders of that nature were also found in a storage closet.
It is not clear from the inventory list why any of the folders were empty or what might have happened to any of the documents inside.
This is from Tierney Sneed at CNN: “Mar-a-Lago search inventory shows documents marked as classified mixed with clothes, gifts, press clippings.”
US District Judge Aileen Cannon on Friday released a detailed inventory from the Mar-a-Lago search that the Justice Department previously filed under seal in court.
The search inventory released showed that classified documents had been mixed in with personal items and other materials in the boxes in which they were stored.
Federal investigators also retrieved more than 11,000 non-classified government documents.
One box containing documents marked with confidential, secret and top secret classification identifications also contained “99 magazines/newspapers/press articles,” according to the inventory from last month’s search filed in federal court in Florida.Several other boxes detailed in the inventory contained documents marked as classified stored with press clippings, as well as with articles of clothing and gifts.
The court filing also provided a breakdown of the type of markings on the classified material taken from Mar-a-Lago, including 18 documents marked top secret, 54 documents marked secret and 31 documents marked confidential.
I don’t think you could pay me enough to touch anything the former guy put his hands on. Can you imagine touching his clothing? UGH! There are no gloves safe enough from his slime!
So, anyway, why do the Rethuglicans want this guy?
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