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.
Tuesday Reads
Posted: September 6, 2022 Filed under: Afternoon Reads, Donald Trump, U.S. Politics | Tags: Department of Justice, DOJ, Dominion lawsuit, election interference, Fox News, Georgia, Hillary Clinton, Jeanine Pirro, Judge Aileen Cannon, Judge Shopping 12 CommentsGood Afternoon!!
I was hoping we might hear something from the DOJ this morning, but so far they haven’t responded publicly to Trump judge Aileen Cannon’s ridiculous decision yesterday. According to The Guardian,
Lawyers for Donald Trump are conferring with justice department counterparts to come up by Friday with a list of possible candidates to be the “special master” approved by a district court judge over the former president’s hoarding of classified documents.
So far, I haven’t seen that reported anywhere else.
However, Hillary Clinton did make a public statement today in a Twitter thread.
The Daily Beast has a piece on Trump’s judge shopping. It turns out this isn’t the first time he tried to get Judge Cannon on a case: Trump Went Judge Shopping and It Paid Off in Mar-a-Lago Case.
When former President Donald Trump summoned up years of bubbling resentment and sued Hillary Clinton and everyone else involved in Russiagate earlier this year, he naturally filed his lawsuit in South Florida—home to his oceanside estate.
And yet, when his attorneys formally filed the paperwork, they selected a tiny courthouse in the sprawling federal court district’s furthest northeast corner—a satellite location that’s 70 miles from Mar-a-Lago. They ignored the West Palm Beach federal courthouse that’s a 12-minute drive away.
The tactic failed, and Trump instead got a Clinton-era judge whom he promptly tried to disqualify for alleged bias. U.S. District Judge Donald M. Middlebrooks called him out in a snarky footnote.
“I note that Plaintiff filed this lawsuit in the Fort Pierce division of this District, where only one federal judge sits: Judge Aileen Cannon, who Plaintiff appointed in 2020. Despite the odds, this case landed with me instead. And when Plaintiff is a litigant before a judge that he himself appointed, he does not tend to advance these same sorts of bias concerns,” Middlebrooks wrote in April.
This time Trump hit the jackpot.
Months later, Trump is once again suing in the Southern District of Florida, this time seeking to hamper the FBI investigation into the way he kept hundreds of classified records at Mar-a-Lago. Except this time, he got Cannon.
The strategy is already paying off.
On Monday afternoon, Cannon single-handedly hit the brakes on the most politically sensitive and consequential FBI investigation ever undertaken. Convinced by Team Trump’s legal arguments that the routine Justice Department methods for carefully handling seized documents aren’t good enough when investigating this particular former president, she ordered that a “special master” be tasked with playing referee to dictate what happens with classified documents that are evidence of a crime.
“The investigation and treatment of a former president is of unique interest to the general public, and the country is served best by an orderly process that promotes the interest and perception of fairness,” she wrote in her order.
Read the rest at The Daily Beast.
Charlie Savage at The New York Times: ‘Deeply Problematic’: Experts Question Judge’s Intervention in Trump Inquiry.
A federal judge’s extraordinary decision on Monday to interject in the criminal investigation into former President Donald J. Trump’s hoarding of sensitive government documents at his Florida residence showed unusual solicitude to him, legal specialists said….
Siding with Mr. Trump, the judge, Aileen M. Cannon, ordered the appointment of an independent arbiter to review the more than 11,000 government records the F.B.I. seized in its search of Mar-a-Lago last month. She granted the arbiter, known as a special master, broad powers that extended beyond filtering materials that were potentially subject to attorney-client privilege to also include executive privilege.
Judge Cannon, a Trump appointee who sits on the Federal District Court for the Southern District of Florida, also blocked federal prosecutors from further examining the seized materials for the investigation until the special master had completed a review.
In reaching that result, Judge Cannon took several steps that specialists said were vulnerable to being overturned if the government files an appeal, as most agreed was likely. Any appeal would be heard by the Court of Appeals for the 11th Circuit in Atlanta, where Mr. Trump appointed six of its 11 active judges.
Some of the expert reactions:
This was “an unprecedented intervention by a federal district judge into the middle of an ongoing federal criminal and national security investigation,” said Stephen I. Vladeck, a law professor at University of Texas….
Paul Rosenzweig, a former homeland security official in the George W. Bush administration and prosecutor in the independent counsel investigation of Bill Clinton, said it was egregious to block the Justice Department from steps like asking witnesses about government files, many marked as classified, that agents had already reviewed.
“This would seem to me to be a genuinely unprecedented decision by a judge,” Mr. Rosenzweig said. “Enjoining the ongoing criminal investigation is simply untenable.” [….]
“Judge Cannon had a reasonable path she could have taken — to appoint a special master to review documents for attorney-client privilege and allow the criminal investigation to continue otherwise,” said Ryan Goodman, a New York University law professor. “Instead, she chose a radical path.”
A specialist in separation of powers, Peter M. Shane, who is a legal scholar in residence at N.Y.U., said there was no basis for Judge Cannon to expand a special master’s authority to screen materials that were also potentially subject to executive privilege. That tool is normally thought of as protecting internal executive branch deliberations from disclosure to outsiders like Congress.
“The opinion seems oblivious to the nature of executive privilege,” he said.
The Justice Department is itself part of the executive branch, and a court has never held that a former president can invoke the privilege to keep records from his time in office away from the executive branch itself.
Read the whole thing at the NYT.
In other news . . .
From CNN this morning:
From the CNN article:
A Republican county official in Georgia escorted two operatives working with an attorney for former President Donald Trump into the county’s election offices on the same day a voting system there was breached, newly obtained video shows.
The breach is now under investigation by the Georgia Bureau of Investigation and is of interest to the Fulton County District Attorney, who is conducting a wider criminal probe of interference in the 2020 election.
The video sheds more light on how an effort spearheaded by lawyers and others around Trump to seek evidence of voter fraud was executed on the ground from Georgia to Michigan to Colorado, often with the assistance of sympathetic local officials.
In the surveillance video, which was obtained by CNN, Cathy Latham, a former GOP chairwoman of Coffee County who is under criminal investigation for posing as a fake elector in 2020, escorts a team of pro-Trump operatives to the county’s elections office on January 7, 2021, the same day a voting system there is known to have been breached.
The two men seen in the video with Latham, Scott Hall and Paul Maggio, have acknowledged that they successfully gained access to a voting machine in Coffee County at the behest of Trump lawyer Sidney Powell.
Text messages, emails and witness testimony filed as part of a long-running civil suit into the security of Georgia’s voting systems show Latham communicated directly with the then-Coffee County elections supervisor about getting access to the office, both before and after the breach. One text message, according to the court document, shows Latham coordinating the arrival and whereabouts of a team “led by Paul Maggio” that traveled to Coffee County at the direction of Powell.
Three days after the breach, Latham texted the Coffee County elections supervisor, “Did you all finish with the scanner?” According to court documents, Latham testified she did not know what Hall was doing in Coffee County. But when confronted with her texts about the scanner, she asserted her Fifth Amendment rights.
More from The Washington Post:
The new video adds to the picture of the alleged breach in Coffee County on Jan. 7, 2021, and reveals for the first time the later visits by Logan and Lenberg. It also provides further indications of links between various efforts to overturn the election, including what once appeared to be disparate attempts to access and copy election system data in the wake of Trump’s loss.
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?
Thursday Reads
Posted: September 1, 2022 Filed under: Donald Trump, morning reads | Tags: Alina Habba, Department of Justice, Espionage Act, highly classified documents, Judge Aileen Cannon, special master, state secrets, Trump lawyers, Trump passports 12 CommentsGood Morning!!
As I was starting my day, I discovered that my internet was down. It finally came back, and I’ve been belatedly looking around at the latest news. Every day it gets crazier and crazier. Why did I ever think we could be rid of Trump if he lost the 2020 election? Fat chance. Will he ever go away? Maybe if he finally goes to prison or dies of old age. In the meantime, we’re stuck with a dangerous high profile lunatic who may have the ability to destroy not only our democracy, but also our national security.
How many of those top secret documents did Trump read or share with visitors to his office–where documents were stored in boxes and even in his desk?! What if he decides to reveal government secrets on Truth Social or in TV interviews? Some Democrats are worried he could do something that insane.
The Daily Beast: Dem Lawmakers Grow Concerned Trump May Spill State Secrets.
The damning photograph that the Department of Justice released Tuesday night, showing classified documents spread out across the carpeted floor at Mar-a-Lago, confirmed that former President Donald Trump had kept records related to intercepted communications—possibly involving secret spy satellites or surveillance aircraft.
And the sensitive nature of those secrets, coupled with Trump’s particularly unhinged behavior in recent days, has many Democratic lawmakers nervous.
In the photo released late Tuesday, some of the documents were labeled “TOP SECRET.” Others were just “SECRET.” But either way, the White House memos cautioned that they should severely limit access to details contained within. Some of the documents can be seen with the “NOFORN” marking, indicating that no foreign nationals should ever lay eyes on them.
All of the visible cover sheets warned that the contents were “HSC-P/SI/TK,” meant to signify that the secrets they held inside were strictly controlled, clandestinely captured, and involving possible aerial reconnaissance, respectively.
Adding to the chaos, in the hours before and after that DOJ disclosure, Trump showed himself to be increasingly volatile, taking to his own social media app to share bizarre conspiracy theories about Hunter Biden’s laptop, Q-Anon cult material, and assert that the records he had are, in fact, no longer restricted.
“Thought they wanted them kept Secret? Lucky I Declassified!” Trump’s personal account posted Wednesday morning.
The implied threat is that he could, if he so desired, reveal them at any time….
“I would not leave it beyond him to do something as insane as that. When someone is cornered, they make very bad decisions, and Donald Trump is in a very bad situation right now. We don’t know what he will do,” Rep. Ted Lieu (D-CA) said in an interview with The Daily Beast.
Read remarks from several other Congresspeople at the link. Just a bit more:
The damage assessment currently underway by the office of Director of National Intelligence Avril Haines will take into account what could happen if these secrets were exposed. And the FBI has seized surveillance video footage from Mar-a-Lago that might show who handled those records without permission this past summer.
But Trump continues to rage-post online, which is why Rep. Jared Huffman (D-CA) warned that the threat is ongoing.
“Here’s what makes it truly scary: Trump is weirdly attached to all of this ‘Top Secret’ information, he constantly throws tantrums, and he has an insatiable desire for attention including on social media,” Huffman said. “Since he no longer has White House china to smash, his next tantrum might be blurting out sensitive national secrets on Truth Social, or calling his pal [Vladimir] Putin to divulge or even sell information. With anyone else these would seem like crazy scenarios, but not with Trump.”
From Andrew Feinberg at The Independent: ‘We’re gonna blind ourselves’: Ex-intel officials say Trump’s document hoarding could ruin years of work.
Former president Donald Trump’s hoarding of highly classified national defence information at the Palm Beach, Florida, home could bring about a level of damage to US intelligence operations not seen in decades, according to current and former intelligence community officials and experts who spoke to The Independent.
A Tuesday court filing from the Department of Justice laid out just how many documents containing America’s most sensitive secrets were recovered from the ex-president over the last nine months.
More than 100 “unique documents with classification markings” were seized from his Mar-a-Lago club during an 8 August search by FBI agents, including three stored in Mr Trump’s desk. Classification levels ranged from confidential — the lowest level of classification in the US system — to the highest, top secret.
The department also said “certain documents” found at Mr Trump’s property bore markings denoting them as containing “sensitive compartmented information”, a designation reserved for extremely closely held secrets often involving intelligence sources and methods or nuclear weapons. Those 100 joined another 38 documents which FBI agents recovered from Mr Trump’s counsel during a 3 June meeting at Mar-a-Lago, plus another 184 documents which National Archives and Records Administration officials brought back from Florida in a set of 15 boxes Mr Trump allowed them to retrieve in January.
What national security experts told The Independent:
The experts who spoke with The Independent have decades of combined experience dealing with the most sensitive information, ranging from battlefield intelligence meant to disrupt terrorism networks to human intelligence gathered from clandestine assets and the highly technical signals intelligence collected by the National Security Agency.
All of them expressed fears that Mr Trump’s retention of such closely held secrets in a notoriously insecure facility — and one that has long been known to be a target of foreign intelligence services — will lead the US government to undertake what will be a unilateral degradation of American intelligence capabilities, on the assumption that whatever programs described in the papers stored at Mar-a-Lago may already have been or will soon be compromised.
David Priess, a former CIA intelligence officer who delivered daily intelligence briefings to then-FBI Director Robert Mueller and other top officials during the George W Bush administration, told The Intependent in a phone interview that it’s possible that some programmes that may be compromised by Mr Trump’s retention of documents in such a public place could still be salvaged if the documents in question are not specific as to intelligence sources or methods….
“It’s likely that some of the information is going to lead to some at least some serious investigation and possibly some actual shutdowns of some collection,” he said.
Another former CIA analyst, who asked for anonymity because they now hold another sensitive position in the US government, said Mr Trump’s retention of documents pertaining to “HUMINT” — human intelligence that is often gathered with the aid of sources recruited in hostile countries over a period of years — could lead intelligence officials to pull the plug on long-running operations and possibly could force them to mount operations to extract operatives or assets to safety.
“There’s a good chance someone at Langley is now trying to figure out how to exfiltrate some very helpful folks from very unfriendly places,” they said.
Feinberg notes that this already happened in 2017, when Trump blabbed about a secret operation to Sergey Lavrov and Russian Ambassador Sergey Kislyak in the Oval Office.
Meanwhile, Trump’s incompetent lawyers are blabbing scary stuff. Alina Habba, who previously represented a parking garage company, thinks violating the espionage act is a “mundane” crime.
And she says that she has been in Trump’s office–where he was storing top secret documents in his desk and in boxes, and so have lots of other visitors.
https://twitter.com/petestrzok/status/1565159612432744451?s=20&t=b9701kNKbmJX61eDUQ9Z_w
Today at 1PM, Judge Aileen Cannon will hold a hearing on whether she should appoint a “special master” to examine the documents the FBI seized from Mar-a-Lago. Tierney Sneed at CNN: What to watch for at Thursday’s hearing in Trump’s bid for a special master over documents seized at Mar-a-Lago.
After an explosive court brief and picture of classified documents from Mar-a-Lago earlier this week, the Justice Department will argue in court Thursday against a request by former President Donald Trump that a so-called special master be appointed in to review the evidence the FBI seized at his Florida resort last month.
US District Judge Aileen Cannon will be considering whether to bring in third party oversight of the Justice Department, in which an outside attorney would in theory identify and filter out evidence that should be withheld from investigators because it was privileged.
Arguing it is unnecessary, prosecutors in court filings Tuesday night provided new details about its investigation into whether classified government documents were illegally mishandled. Lawyers for the former president, who filed a lawsuit last week seeking the appointment, meanwhile argued in a Wednesday night court filing that the Justice Department could not be trusted, as Trump claimed the search itself was unjustified.
Cannon previously signaled an inclination toward granting Trump’s request, but that was before the Justice Department’s dramatic filing this week.
Sneed lists the following questions to watch for (Read details at the CNN link):
— How sharply does DOJ go after Trump’s spin?
— How are the dynamics on Trump team playing out?
— Does the judge recalibrate her approach?
— If the judge grants the special master review, what does it look like?
As you know, over the past two days, first the DOJ and then Trump lawyers turned in filings with their arguments about Trump’s request for a special master. The DOJ strongly opposed the request in a longer than usual argument (35 pages) on Tuesday; Trump’s team responded with their arguments in favor yesterday. Today journalists are reporting new insights into the two opposing filings.
Two more relevant reads:
Barbara McQuade at The Daily Beast: Are Trump’s Passports the FBI’s Smoking Gun?
According to DOJ’s recent brief, classified documents in that office were “commingled” in a desk drawer with three passports. While the government did not disclose the name on the passports, Trump himself has complained that during the search, the FBI “stole” his three passports. It seems a safe bet that the passports DOJ recovered were Trump’s.
The significance of the passports is enormous. As DOJ explained in an understated footnote, “The location of the passports is relevant evidence in an investigation of unauthorized retention and mishandling of national defense information.”
In other words, the presence of the passports in the same drawer as the classified records tends to tie the unauthorized possession of these documents to Trump himself. A photo included with the filing shows the items that were recovered from his office. Among the classification markings on the documents are “Top Secret,” meaning that the disclosure of the material could cause exceptionally grave damage to the national security of the United States.
A routine practice in drafting search warrants is to include a request to seize identity documents that can connect the subject of the investigation with the premises. That helps to make the evidentiary tie between the person and any contraband that might be found at the location. For example, if searching for illegal drugs in a house where multiple people come and go, agents will seek authority to seize identity documents like a driver’s license, photographs or other personal possessions located in the same room as the contraband. Finding both of these items together tends to connect the person to the contraband. Here, the presence of Trump’s passports alongside the classified documents supports an inference that he himself possessed the classified documents.
To the extent Trump may be inclined to pin all blame on his lawyer who signed a document in June attesting that all of the classified documents had been returned, the documents in his personal desk drawer are a problem for him. The former president would need to explain away the notion that he himself possessed these documents long after the government asked for their return, and despite personal assurances from Trump when Counterintelligence Section Chief Jay Bratt visited Mar-a-Lago in June to inspect the storage of documents. At the time, Trump told Bratt, “Whatever you need, just let us know.”
The former president’s continued retention of the documents, even after the repeated requests to return them, suggests a willful violation of the law.
Read more at The Daily Beast.
The Washington Post: Justice filing points to new legal trouble for Trump and lawyers, experts say.
Tuesday Reads
Posted: August 30, 2022 Filed under: Donald Trump, just because, morning reads | Tags: classified documents, Department of Justice, FBI, Merrick Garland, North Dakota, Q-Anon, Sunflowers, superbloom, Truth Social 16 Comments
Sunshine, by Mary Gibbs
Good Morning!!
Many of you know that I was born in North Dakota and have a long family history there as well as in Minnesota. We moved away when I was a child; but both sets of grandparents were still there, so we often went back to visit. I’m the eldest child in my family, and my other siblings don’t remember much, if anything, about North Dakota, or even about our paternal grandparents. My mother’s parents eventually moved to Indiana.
I’ve heard stories about North Dakota from my parents all my life and I guess for that reason, I still have an emotional attachment to the place. I took two trips up there with my parents, and we found the places my parents were born and grew up–my Dad in Fargo and my Mom in Hope and Lisbon. we also visited the North Dakota State campus in Fargo, where my parents met in a political science class, and Grand Forks, where my Dad got his masters degree at the University of North Dakota. We also explored the Theodore Roosevelt National Park and visited several historical sites.
It might sound strange, but when we were there, I had a real sense of belonging, a feeling that “This is where I came from.” Now my Dad is gone and my Mom has lost most of her memories–at least she can’t talk about them anymore. My Mom used to tell me that I was the only one who could carry on those memories for them.
Do I sound nuts? I don’t know. What triggered this reverie was an article in Smithsonian Magazine: See the Incredible Sunflower Superbloom in North Dakota.
North Dakota is one of the nation’s top sunflower-producing states, using the cheery yellow flowers for everything from bird seed mixes to cooking oils.
But before North Dakota’s many hardworking farmers start to harvest this tasty crop, the state comes alive with the golden hue of thousands upon thousands of sunflowers, all blooming together at the same time.
Known as a “superbloom,” the jaw-dropping phenomenon occurs every year toward the end of summer. Spring planting was delayed this year in North Dakota and other northern states because of cold, wet weather—but that also means that sunflowers in some parts of the state are still blooming.
Right now, many of the state’s sunflower fields are in peak bloom, with nearly all flowers showing off their delicate yellow petals. As such, the state has earned a reputation as “the best place in the United States to experience the vast sunflower blooms,” says Sara Otte Coleman, North Dakota’s tourism director, in a statement.
I found this interesting:
Blooming Sunflowers, Boris Eremin, Ukrainian artist
Ukrainian immigrants first began planting sunflowers when they moved to North Dakota in the late 19th and early 20th centuries following the passage of the Homestead Act of 1862. Sunflowers are still an important plant for Ukrainians, both symbolically and economically. Before the Russian invasion of Ukraine in February, Ukraine was the largest exporter of sunflower oil in the world, though the war has largely halted production, per the New York Times’ Christine Hauser.
As well as this scientific fact:
When they’re young, sunflowers turn their heads toward the sun as it moves in the sky, a behavior known as heliotropism. But as they mature and start to produce seeds, they mostly point east, which scientists have learned helps the plants attract bees and ultimately reproduce.
Quite a few artists have painted sunflowers, and I’ve illustrated this post with some of those works.
On to today’s news…
Trump is melting down on his imitation twitter. So far, he has posted 60 times on Truth Social, including highlighting garbage from Q-anon and 4-chan.
Jake Epstein and Nicole Gaudiano at Insider: Trump posts dozens of memes attacking Biden, the FBI, and others as the former president’s allies beg him to keep quiet.
In the weeks since the FBI’s unprecedented search of Donald Trump’s Mar-a-Lago estate, the former president’s allies have pleaded with him to stop publicly commenting on the raid and fight the Justice Department’s investigation in the courts.
Trump isn’t listening.
On Tuesday morning alone, Trump has taken to his Truth Social platform over four dozen times to share memes and posts attacking his political enemies. Some posts are memes attacking President Joe Biden or other Democrats, while others are baseless election fraud claims or attempts to delegitimize the FBI.
One post in particular from Tuesday morning shows a photo of Trump with the false caption, “TRUMP WON,” in reference to the 2020 presidential election. The former president then reposted the photo and wrote that the “FBI has advanced this fact even further.”
Another post included a photo with a caption that read: “81 million votes… and I’ve never seen a pro Biden hat, shirt or flag in my life.” Trump reposted the photo and said, “It is rather amazing, isn’t it?”
Trump earlier demanded in an all-caps filled message that he be reinstated as the “rightful winner” of the presidency or that a new election for president be held “immediately” — a request with no basis in constitutional law.
If only there were some way to speed up the investigation and take this man off the streets.
Please, let him go to jail. . . please.
Republicans are getting nervous about what Trump’s insane behavior will mean for them in the upcoming midterm elections. Politico: ‘There’s enormous frustration’: Trump forces Republicans off-script… again.
The investigation into Donald Trump’s handling of classified national security records is forcing Republicans into a strained defense during a pre-midterm sprint in which they’d much rather be talking about Joe Biden.
After having decried the FBI’s search of the ex-president’s home, many Trump defenders went silent uponthe release on Friday of the probable-cause affidavit that revealed the extent of Trump’s efforts to hold onto the top-secret documents. GOP worries about the developments of the case and Trump announcing a 2024 run before November are giving way to a subtle, broader warning about putting the former president too much on the ballot this fall.
“Republicans should focus on defeating Democrats, and every Democrat should have the word Biden in front of their name,” said Trump ally and former Republican Speaker Newt Gingrich. “The Republican focus should be to win the election in November. Trump will do a fine job defending himself. He’ll be fine.”
Sunflowers, by Claude Monet
Some top Republicans acknowledge the growing angst and concern, as it’s become clearer that Trump may have been warehousing some of America’s most sensitive secrets in an unsecured basement — and even refused to turn them over when the National Archives and Justice Department tried to recover them. One top Republican fundraiser asked to describe the mood among donors, said, “There is enormous frustration.”
“The question is, is there willingness to express that frustration,” the fundraiser added. “I don’t know the answer to that. But there is real frustration, and with the exception of people who are too stupid to understand the need to be frustrated, it is nearly universal.”
Strained defenses and private frustrations are familiar emotions for some Republicans during the Trump era. But the stakes are particularly high this fall, with projections of a red wave in the House getting dimmed to a smaller GOP majority and as Sen. Chuck Schumer appears potentially poised to remain in control of the Senate.
Republican hopes for winning back the Senate are looking worse all the time. Sahil Kapur at NBC News: Here are the signs Republicans’ hopes for a ‘red wave’ are receding ahead of the 2022 elections.
Last fall, Republicans held high hopes of a “red wave” in the 2022 elections after they stormed to power in blue-leaning Virginia and nearly won the governor’s race in New Jersey. While Democrats were demotivated, the GOP base was on fire.
But in recent weeks, numerous data points have indicated Republican prospects of a smashing victory are dimming. While the president’s party tends to perform poorly in midterm elections, there are signs it is shaping up to be an unusual year, potentially enabling Democrats to hold one or both chambers of Congress.
Some of the bad signs for the GOP:
- A Democratic victory in a bellwether election. The starkest sign of a shifting landscape came last week in the Hudson Valley, a highly competitive district north of New York City that has mirrored the national landscape for years. It voted for Joe Biden in 2020, Trump in 2016 and Barack Obama in 2012. In a red wave climate, Democrats would have no business winning the special House election. Yet Democrat Pat Ryan defeated Republican Marc Molinaro in a test of each party’s preferred message. Ryan ran on protecting abortion rights, combating gun violence and battling corporate greed, while Molinaro sought to make the election a referendum on Biden, inflation and “one-party” rule in Washington.
- Persuadable voters are trending toward Democrats. The latest NBC News poll, conducted this month, included an unusual finding for midterm elections: Persuadable voters in the midterm election are tilting toward Democrats, the party in power. This group accounts for about 25% of respondents, who float between the parties and tend to be male, moderate, independent and exurban. They preferred Republicans by 6 points in the combined NBC News polls of January, March and May. But in the August poll, they leaned toward Democrats by 3 points.
- The GOP’s “enthusiasm” edge is shrinking. In March, the NBC News poll found that Republicans held a 17-point “enthusiasm” advantage over Democrats — that is, their voters were more likely to express high interest in voting this fall. In the August poll, the GOP advantage fell to 2 points.
- Mitch McConnell is downplaying expectations in the Senate. McConnell, the Republican leader, isn’t sounding too bullish about his prospects to capture control of the Senate, having predicted just two weeks ago, “There’s probably a greater likelihood the House flips than the Senate.” That may be a product of the shifting environment, along with a phenomenon McConnell described as “candidate quality.” A series of first-time Republican contenders are struggling in competitive races against seasoned Democratic politicians. Recruitment failures in states like New Hampshire and Arizona have led GOP governors to decline to run.
Read the rest of the bad omens at the NBC link.
The Sunflower, by Gustav Klimt, 1907
Today is the day the DOJ is supposed to file it’s response to the Trump request for a Special Master to review the government documents that the FBI recovered in its search of Mar-a-Lago. Yesterday the judge agreed the DOJ response could be 40 pages long. It looks like Merrick Garland is planning to spell out in detail what Trump is suspected of doing.
Tierney Sneed and Paul LeBlanc at CNN: DOJ to file lengthy response to Trump’s request for a special master to oversee Mar-a-Lago search review.
The Justice Department on Tuesday will file publicly in court its response to former President Donald Trump’s bid for a special master to oversee the FBI’s review of materials seized in the Mar-a-Lago search.
The agency was granted permission by Judge Aileen Cannon of the Southern District of Florida to file up to 40 pages after it said the 20-page limit set by the local rules of the court wasn’t sufficient to “adequately address the legal and factual issues raised by” Trump’s filings.
Cannon, a Trump appointee, did not set a specific deadline for the Justice Department’s filing beyond requesting it “on or before” Tuesday. The judge also ordered the agency to file under seal more details about what it seized from Trump’s resort, and a notice laying out the status of its review of the materials.
Trump must file his reply to the Justice Department by 8 p.m. ET Wednesday night, per Cannon’s order, and the judge has scheduled a hearing for Thursday to consider Trump’s request for a special master — a third-party attorney appointed by a court to oversee part of a certain case. Notably, Cannon has already signaled a “preliminary intent” to grant Trump’s request, which could bring new complications to the DOJ’s closely watched investigation.
Yesterday the DOJ said it has already reviewed the documents.
The Justice Department, meanwhile, has already signaled that it is using an internal filter team to review the seized items and separate material that could be subject to privilege claims.
In a court filing Monday, the agency said it has identified “a limited set of materials” from its search of documents taken from Mar-a-Lago that potentially contain material covered by attorney-client privilege and is in the process of addressing privilege disputes.
Meanwhile, Trump has hired a new attorney who may be more competent than that ones currently representing him. Marc Caputo at NBC News: Trump hires former Florida solicitor general in criminal probe of Mar-a-Lago documents.
Chris Kise, Florida’s former solicitor general who served on Gov. Ron DeSantis’ transition team, inked a contract to represent Donald Trump in the criminal case that resulted in the FBI search of the former president’s home in Mar-a-Lago, according to two sources with knowledge of the discussions.
Twelve sunflowers in a vase, by Vincent Van Gogh
Kise, who declined to comment, began negotiations with Trump shortly after the FBI’s search of his Palm Beach estate Aug. 8. Numerous other criminal defense attorneys have said they couldn’t represent the former president in the Southern District of Florida, citing the all-consuming job of representing Trump or his reputation as a penny-pinching problematic client with a history of having rival advisers who backstab one another, according to five people with knowledge of the legal effort.
Other attorneys declined because their firms wanted to avoid the political blowback of representing such a divisive figure, according to those in Trump’s orbit who say thatKise is considering leaving the firm of Foley & Lardner — where he had briefly represented Venezuela’s government two years ago when hostilities with the United States ran high — to take the job.
Kise has won four cases before the U.S. Supreme Court and numerous ones before the Florida Supreme Court, and he also has a reputation as a skilled political knife fighter. In the waning days of the 2018 governor’s race, Kise widely publicized damaging information about Democrat Andrew Gillum secretly accepting free tickets to the Broadway show “Hamilton” from undercover FBI agents, in contravention of Florida’s ethics laws. Gillum, who denied wrongdoing, went on to narrowly lose to DeSantis and was indicted earlier this year following the FBI investigation.
Read the rest at the link.
We’ll have to wait until Thursday for the hearing in Judge Cannon’s court to learn more about how the investigation of Trump’s theft of highly classified government documents is going. Personally, I can’t wait!
What’s on your mind today? Please feel free to discuss any topic you wish in the comment thread below.
Lazy Caturday Reads: Revelations from the Mar-a-Lago Affidavit
Posted: August 27, 2022 Filed under: cat art, caturday, Crime, Criminal Justice System, Donald Trump | Tags: classified documents, Department of Justice, FBI search of Mar-a-Lago, Redacted affidavit 23 Comments
Théophile Steinlen, Pierriot et le chat
Happy Caturday!!
Once again, it has been quite a week. I’ve been checking the latest headlines and looking around Twitter to see what’s happening. Of course, most of the political talk is about the redacted affidavit the DOJ used to get a warrant to search Mar-a-Lago for classified documents that Trump refused to return to the government.
After yesterday, legal experts are arguing that it is inevitable that Trump will be indicted and charged with obstruction and possibly with violations of the espionage act. Today, I see more experts speculating that Trump may have already shared top secret information with foreign parties. A number of people are sharing this timeline from The Intellectualist. Laufer is a well-known civil rights attorney.
Here are the latest stories on the search, the affidavit and what may happen next.
First up, this is from Andrew Weissman, a leading prosecutor in the Mueller investigation. The New York Times: We Knew the Justice Department Case Was Righteous. This Affidavit Confirms It.
Mr. Trump knows the answers to the most important unanswered questions: What material did he take from the White House, why did he take it, what had he done with it, and what was he planning to do with it? There is nothing that prevented him for over a year from publicly answering those questions; he surely has not remained silent because the answers are exculpatory.
Above all, the redacted affidavit (and an accompanying brief explaining the redactions), which was released on Friday, reveals more evidence of a righteous criminal case related to protecting information vital to our nation’s security.
Girl and a cat, by Anastasiya Malakhova
I can assure you, based on my experience as the general counsel of the F.B.I., that although there may be too much information deemed sensitive at the lowest level of classification, that was never the case with top-secret material.
Indeed, the redacted affidavit details some of what was found in a preliminary review of material earlier returned by Mr. Trump at the repeated requests of National Archives officials, including “184 unique documents bearing classification markings, including 67 documents marked as confidential, 92 documents marked as secret and 25 documents marked as top secret.” An agent who reviewed that earlier material saw documents marked with “the following compartments/dissemination controls: HCS, FISA, ORCON, NOFORN and SI.”
The markings for top-secret and sensitive compartmented information indicate the highest level of security we have. Those levels protect what is rightly described as the crown jewel of the national security community.
Especially with information classified at that level, the government doesn’t get to pick and choose to defend the nation’s top secrets based on politics — it doesn’t matter if the person in question is a Democrat or Republican, a former president, a secretary of state or Edward Snowden. These documents belong to the government, and their having been taken away poseda clear risk to our national security.
Read the rest at the NYT link.
The Washington Post Editorial Board: The Trump affidavit shows the Mar-a-Lago search was hardly capricious.
Trump defenders have slammed the FBI’s search as aggressive and unwarranted. What has come out since, including on Friday, suggests the search was hardly capricious. Instead, all available evidence suggests it was a thoughtful choice made after other options had been exhausted. Along the way, the affidavit showed that the Justice Department considered the dubious defense from Mr. Trump’s allies that all the documents were declassified and that keeping them at Mar-a-Lago was therefore legal.
The catalogue of markings on the 184 classified documents agents reviewed before asking to search Mar-a-Lago also explains the DOJ’s determination to learn more. Acronyms such as SI, HCS, FISA and NOFORN might seem like collections of random letters to the layman, but they signify extraordinarily sensitive information: intelligence derived from clandestine human sources, for example, or from surveillance of foreign spies. That material in these categories was allegedly mixed in with other random papers as well as a mishmash of items reportedly including golf balls, a raincoat and a razor, is alarming — even absent intent to use them maliciously.
Read together, these facts should help assuage concerns that Attorney General Merrick Garland embarked on an ill-considered prosecutorial frolic when he sought to search Mar-a-Lago — though this reality is unlikely to stop the flow of reckless rhetoric from Trump acolytes. Meanwhile, those taking a more levelheaded approach should continue to do what they’ve done so far: wait. There was much we didn’t know before this affidavit was unsealed. There’s much we still don’t know now.
Milda Šležaitė, Boy with a cat
National security attorney Bradley Moss writes at The Daily Beast: It’s Over: Trump Will Be Indicted.
I have finally seen enough. Donald Trump will be indicted by a federal grand jury.
You heard me right: I believe Trump will actually be indicted for a criminal offense. Even with all its redactions, the probable cause affidavit published today by the magistrate judge in Florida makes clear to me three essential points:
(1) Trump was in unauthorized possession of national defense information, namely properly marked classified documents.
(2) He was put on notice by the U.S. Government that he was not permitted to retain those documents at Mar-a-Lago.
(3) He continued to maintain possession of the documents (and allegedly undertook efforts to conceal them in different places throughout the property) up until the FBI finally executed a search warrant earlier this month.
That is the ball game, folks. Absent some unforeseen change in factual or legal circumstances, I believe there is little left for the Justice Department to do but decide whether to wait until after the midterms to formally seek the indictment from the grand jury.
Moss says that if only Trump had cooperated after he was pressed by the National Archives last year instead of turning over some of the documents and holding on to the rest, he probably would have gotten away with taking them from the White House.
But Trump just could not bring himself to play by the rules. He turned over 15 boxes last January but did not turn over all the records. Political operatives from conservative organizations started whispering into his ear that he had legal precedent on his side to refuse to turn over the classified records to NARA (he did not). His lawyers surprisingly wrote a rather condescending letter to DOJ in May 2022, effectively arguing that even if there were still classified records at Mar-a-Lago the FBI lacked the authority to take any criminal action against Trump given his former status as president. Then, in June 2022 after the FBI executed a subpoena to recover more records at Mar-a-Lago, two Trump lawyers wrote (and one signed) a sworn affidavit reassuring the government there were no more classified records at the property.
Read more at the link.
Charlie Savage at The New York Times: Possibility of Obstruction Looms Over Trump After Thwarted Efforts to Recover Documents.
When the Justice Department proposed redactions to the affidavit underlying the warrant used to search former President Donald J. Trump’s residence, prosecutors made clear that they feared the former president and his allies might take any opportunity to intimidate witnesses or otherwise illegally obstruct their investigation.
Child with cat, Julie Manet, Pierre August Renoir
“The government has well-founded concerns that steps may be taken to frustrate or otherwise interfere with this investigation if facts in the affidavit were prematurely disclosed,” prosecutors said in the brief.
The 38-page affidavit, released on Friday, asserted that there was “probable cause to believe that evidence of obstruction will be found at” Mr. Trump’s Mar-a-Lago compound, indicating that prosecutors had evidence suggesting efforts to impede the recovery of government documents.
Since the release of the search warrant, which listed three criminal laws as the foundation of the investigation, one — the Espionage Act — has received the most attention. Discussion has largely focused on the spectacle of the F.B.I. finding documents marked as highly classified and Mr. Trump’s questionable claims that he had declassified everything held at his residence.
But by some measures, the crime of obstruction is as, or even more, serious a threat to Mr. Trump or his close associates. The version investigators are using, known as Section 1519, is part of the Sarbanes-Oxley Act, a broad set of reforms enacted in 2002 after financial scandals at companies like Enron, Arthur Andersen and WorldCom.
The heavily redacted affidavit provides new details of the government’s efforts to retrieve and secure the material in Mr. Trump’s possession, highlighting how prosecutors may be pursuing a theory that the former president, his aides or both might have illegally obstructed an effort of well over a year to recover sensitive documents that do not belong to him.
To convict someone of obstruction, prosecutors need to prove two things: that a defendant knowingly concealed or destroyed documents, and that he did so to impede the official work of any federal agency or department. Section 1519’s maximum penalty is 20 years in prison, which is twice as long as the penalty under the Espionage Act.
There’s much more at the NYT link.
Julian Barnes and Mark Mazzetti at The New York Times: Classified Material on Human Intelligence Sources Helped Trigger Alarm.
They risk imprisonment or death stealing the secrets of their own governments. Their identities are among the most closely protected information inside American intelligence and law enforcement agencies. Losing even one of them can set back American foreign intelligence operations for years.
Clandestine human sources are the lifeblood of any espionage service. This helps explain the grave concern within American agencies that information from undercover sources was included in some of the classified documents recently removed from Mar-a-Lago, the Florida home of former President Donald J. Trump — raising the prospect that the sources could be identified if the documents got into the wrong hands.
Child and cat, by Linda Bryant
Mr. Trump has a long history of treating classified information with a sloppiness few other presidents have exhibited. And the former president’s cavalier treatment of the nation’s secrets was on display in the affidavit underlying the warrant for the Mar-a-Lago search. The affidavit, released in redacted form on Friday, described classified documents being found in multiple locations around the Florida residence, a private club where both members and their guests mingle with the former president and his coterie of aides.
Nothing in the documents released on Friday described the precise content of the classified documents or what risk their disclosure might carry for national security, but the court papers did outline the kinds of intelligence found in the secret material, including foreign surveillance collected under court orders, electronic eavesdropping on communications and information from human sources — spies….
Could Trump have already revealed secret sources of intelligence, as implied in the Tweet at the top of this post? I’m asking, not the NYT reporters. They note that Trump claimed he declassified all the documents at his resort, but . . .
“HCS information is tightly controlled because disclosure could jeopardize the life of the human source,” said John B. Bellinger III, a former legal adviser to the National Security Council in the George W. Bush administration. “It would be reckless to declassify an HCS document without checking with the agency that collected the information to ensure that there would be no damage if the information were disclosed.”
C.I.A. espionage operations inside numerous hostile countries have been compromised in recent years when the governments of those countries have arrested, jailed and even killed the agency’s sources.
Last year, a top-secret memo sent to every C.I.A. station around the world warned about troubling numbers of informants being captured or killed, a stark reminder of how important human source networks are to the basic functions of the spy agency. Honestly, I wouldn’t put it past Trump to have handed secret information over to Russia or Saudi Arabia.
Could Republicans be getting a little nervous about how serious the case against Trump is? Jonathan Weisman at The New York Times: Republicans, Once Outraged by Mar-a-Lago Search, Become Quieter as Details Emerge.
In the minutes and hours after the F.B.I.’s search of former President Donald J. Trump’s residence in Florida this month, his supporters did not hesitate to denounce what they saw as a blatant abuse of power and outrageous politicization of the Justice Department.
Maud Humphrey, Girl with cat, 1894
But with the release of a redacted affidavit detailing the justification for the search, the former president’s allies were largely silent, a potentially telling reaction with ramifications for his political future.
“I would just caution folks not to draw too many conclusions,” Gov. Glenn Youngkin of Virginia, a Republican, said on Fox News. It was a starkly different admonition from his earlier condemnations of what he said were “politically motivated actions.”
Some Republicans will no doubt rally around Mr. Trump and his claim that he is once again being targeted by a rogue F.B.I. that is still out to get him. His former acting White House chief of staff, Mick Mulvaney, said on Twitter that “this raid was, in fact, just about documents,” which he called “simply outrageous.” Representative Andy Biggs, Republican of Arizona and an ardent Trump ally, was on the right-wing broadcaster Newsmax denouncing the F.B.I. as politically biased, though he notably did not defend the former president’s possession of highly classified documents.
But generally, even the most bombastic Republicans — Representatives Marjorie Taylor Greene of Georgia, Lauren Boebert of Colorado, Jim Jordan of Ohio — were at least initially focused elsewhere. Ms. Greene was posting on Friday about border “invasions.” Ms. Boebert noted on Twitter the anniversary of the suicide bombing of U.S. service members at the airport in Kabul, Afghanistan. Mr. Jordan was focused on an interview with Mark Zuckerberg, the Facebook founder. None tweeted about the affidavit.
Read the rest at the NYT.
A few more stories on the search and affidavit to check out:
Lloyd Green at The Guardian: The FBI’s Mar-a-Lago affidavit paints an unsettling portrait of Trump.
Mary Papenfuss at HuffPost: William Barr Rips Trump For ‘Pandering To Outrage’ Over Mar-A-Lago Search.
The New York Times: Inside the 20-Month Fight to Get Trump to Return Presidential Material.
Charlie Savage at The New York Times: The Affidavit for the Search of Trump’s Home, Annotated.
Greg Sargent at The Washington Post: 3 big things we learned from the Mar-a-Lago affidavit.
That’s quite a bit of reading material, I know. Pick and choose what interests you. What else is on your mind today?
Thursday Reads: The Search Aftermath
Posted: August 11, 2022 Filed under: Afternoon Reads, Criminal Justice System, FBI, FBI raids, just because | Tags: classified documents, Department of Justice, Donald Trump, FBI search of Mar-a-Lago, MAGA crazies 30 Comments
R. Kenton Nelson, 1954
Good Afternoon!!
The top stories today are focused on the earthshaking FBI search of Trump’s Mar-a-Lago resort. Of course there is other news; but I’m obsessed with bringing down Trump, so those stories are what interest me.
The only really new information to come out yesterday was this story by national security reporter William Arkin at Newsweek: Exclusive: An Informer Told the FBI What Docs Trump Was Hiding, and Where.
The raid on Mar-a-Lago was based largely on information from an FBI confidential human source, one who was able to identify what classified documents former President Trump was still hiding and even the location of those documents, two senior government officials told Newsweek.
The officials, who have direct knowledge of the FBI’s deliberations and were granted anonymity in order to discuss sensitive matters, said the raid of Donald Trump‘s Florida residence was deliberately timed to occur when the former president was away….
Both senior government officials say the raid was scheduled with no political motive, the FBI solely intent on recovering highly classified documents that were illegally removed from the White House. Preparations to conduct such an operation began weeks ago, but in planning the date and time, the FBI Miami Field Office and Washington headquarters were focused on the former president’s scheduled return to Florida from his residences in New York and New Jersey.
“They were seeking to avoid any media circus,” says the second source, a senior intelligence official who was briefed on the investigation and the operation. “So even though everything made sense bureaucratically and the FBI feared that the documents might be destroyed, they also created the very firestorm they sought to avoid, in ignoring the fallout.”
Of course it was Trump himself who ignited the firestorm by publicly announcing the FBI search, then whining, ranting, and grifting from his followers based on his supposed victimization.
In the past week, the prosecutor in the case and local Assistant U.S. Attorney went to Florida magistrate Judge Bruce Reinhart in West Palm Beach to seek approval for the search of Donald Trump’s private residence. The affidavit to obtain the search warrant, the intelligence source says, contained abundant and persuasive detail that Trump continued to possess the relevant records in violation of federal law, and that investigators had sufficient information to prove that those records were located at Mar-a-Lago—including the detail that they were contained in a specific safe in a specific room.
“In order for the investigators to convince the Florida judge to approve such an unprecedented raid, the information had to be solid, which the FBI claimed,” says the intelligence source.
There’s much more background information in the article if you want a refresher.
By Onelio Marrero
Today, The Wall Street Journal has more on the events that led up to the FBI warrant and search of Trump’s property: FBI Quest for Trump Documents Started With Breezy Chats, Tour of a Crowded Closet. Why interactions between FBI, Trump team soured remains a mystery.
Around lunchtime on June 3, a senior Justice Department national security supervisor and three FBI agents arrived at former President Donald Trump’s Mar-a-Lago home in Florida to discuss boxes with government records sitting in a basement storage room along with suits, sweaters and golf shoes.
A few days later, the FBI sent a note asking that a stronger lock be installed on the storage room door, signing off: “Thank you. Very truly yours, Jay Bratt, chief of counterintelligence and export control section.”
In the following weeks, however, someone familiar with the stored papers told investigators there may be still more classified documents at the private club after the National Archives retrieved 15 boxes earlier in the year, people familiar with the matter said. And Justice Department officials had doubts that the Trump team was being truthful regarding what material remained at the property, one person said. Newsweek earlier reported on the source of the FBI’s information.
Two months later, two dozen Federal Bureau of Investigation agents were back at Mar-a-Lago with a warrant predicated on convincing a federal magistrate judge that there was evidence a crime may have been committed. After hours at the property, the agents took the boxes away in a Ryder truck.
Many elements of what happened between those events—one seemingly cordial, the other unheard of—remain unknown. But the episode points to a sharp escalation in the Justice Department’s inquiry into Mr. Trump, which also includes an investigation into the events leading up to the Jan. 6, 2021, riot on the Capitol. And it has prompted outrage from Republicans, who have rallied around Mr. Trump as he contemplates running again for president.
The WSJ says it’s a mystery why the DOJ investigation “escalated” to the point where the FBI was directed to search Trump’s property. It doesn’t seem that mysterious to me. Right-wing “reporter” John Solomon writes that Trump received a grand jury subpoena “months before” the “raid.” Obviously, the situation escalated when Trump ignored the subpoena.
The WSJ story doesn’t seem to have a paywall (I got there from Memeorandum), so you can read much more at the link. It’s very long, but Politico has a good summary of the facts from the WSJ article:
On June 3, JAY BRATT, chief of counterintelligence and export control section at the Department of Justice, visited Mar-a-Lago to inspect a storage room that contained presidential documents. By this point in his standoff with the government, Trump had already returned 15 boxes of records to the National Archives, which subsequently found “classified national security information” among the returned items.
Trump, who stopped by the June inspection to greet Bratt, had told the government that there was no more classified material in his possession. The dispute, it appeared, when Bratt showed up, was about returning what Trump represented to be non-sensitive documents. Retaining non-classified documents is still a violation of the strict Presidential Records Act, but the available evidence suggests the two sides were working it out.
Being Transported by Onelio Marrero
But things started to escalate. Five days later, Bratt sent Trump’s lawyer, EVAN CORCORAN, an email, a copy of which was read over the phone to the Journal: “We ask that the room at Mar-a-Lago where the documents had been stored be secured and that all the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until further notice.”
Then, on June 22, the government subpoenaed Mar-a-Lago surveillance footage, which the Journal says was provided.
And then on Monday, the FBI warrant was executed.
The mystery is: What changed?
The answer, according to the Journal, is that an informant told the FBI that Trump was lying.
This morning, Mick Mulvaney spoke to CNN about the FBI search, and in the midst of multiple lies and obfuscation he revealed something important. Politicus USA: Mick Mulvaney Says The FBI Informant Is Someone Very Close To Trump.
Former White House Chief of Staff Mick Mulvaney said that only six or eight people would have the info given to the FBI, so the informant is someone very close to Trump.
“I didn’t know there was a safe at Mar-a-Lago and I was the chief of staff for 15 months. This would be someone handling things on day to day, who knew where documents were, so it would be somebody very close to the president, my guess is there are probably six or eight people who had that kind of information.
I don’t know the people on the inside circle these days. I can’t give any names of folks who come to mind, but your instinct is a good one if you know where the safe is and you know the documents are in ten boxes in the basement, you are pretty close to the president.”
If Mulvaney is correct, and the informant is someone very close to the former president, it makes sense that the FBI might also have knowledge of what Trump was planning on doing with the documents that he stole from the White House.
Jacob Lawrence, the Library, 1960
Of course the MAGA maniacs are up in arms. Kyle Cheney and Meredith McGraw at Politico: Trump world gripped with anger, fear and a host of conspiracies about the FBI search.
In the wake of news that the FBI agents executed a court-authorized search warrant at Donald Trump’s Mar-a-Lago residence in Florida, Trump’s allies and aides have begun buzzing about a host of potential explanations and worries. Among those being bandied about is that the search was a pretext to fish for other incriminating evidence, that the FBI doctored evidence to support its search warrant — and then planted some incriminating materials and recording devices at Mar-a-Lago for good measure — and even that the timing of the search was meant to be a historical echo of the day President Richard Nixon resigned in 1974.
“There are no coincidences when it comes to the Deep State. They could have done this raid a couple of days before or tomorrow, but they chose Aug. 8 for a reason,” Monica Crowley, a former top official in the Trump Treasury Department, said on the “War Room” podcast.
Trump world is no stranger to being deeply suspicious, even conspiratorial. But the speculation sparked by the FBI search has taken on a different scope, coming amid a combination of anxiety — that the so-called Deep State is out to get the former president — and a dearth of public information about the bureau’s actions.
“I can tell you all of us agree this is corrupt,” said Michael Caputo, a longtime Trump confidante whose service in the Trump administration was marked by attacks he waged on career officials and an acrimonious exit. “Many people in Trump world agree with me that this is theater and this is designed to damage the president, this is designed to damage Republicans in the midterms and it is designed to advance the interests of the Democratic Party. And you know what, they completely failed.”
There is no evidence that the Department of Justice did anything improper, and it in fact obtained approval from a federal court to obtain its search warrant. Trump himself could answer some of the lingering questions. He is at liberty to disclose the warrant — though he has not been provided the underlying affidavit — and to describe the files that were confiscated by the FBI. But so far he has opted against doing so.
Adolph Menzel, A Seated Woman Reading (Portrait of Emilie Fontane
More on Trump’s and MAGA world’s paranoia from Asawin Suebsaeng at Rolling Stone: With Feds Circling, Trump Asks Allies: Who’s ‘Wearing a Wire’?
Donald Trump is worried he may have a rat — or multiple rats — in his midst. He’s wondering if his phones are tapped, or even if one of his buddies could be “wearing a wire.”
As the federal and state investigations into Trump and his orbit swell, so have the former president’s suspicions, according to two sources familiar with the matter and another two people close to the twice-impeached former Oval Office occupant.
This summer, Trump has asked close associates if they think his communications are being monitored by the feds, or — per his phrasing — “by Biden.” As a source close to Trump describes it to Rolling Stone: “He has asked me and others, ‘Do you think our phones are tapped?’ Given the sheer volume of investigations going on into the [former] president, I do not think he’s assuming anything is outside the realm of possibility.”
The source adds, “He’s talked about this seriously [in the past few months], but I know of one time when he made a joke that was something like, ‘Be careful what you say on the phone!’”
Moreover, on at least a couple of occasions since May, the former president has wondered aloud if there were any Republicans visiting his clubs who could be “wearing a wire,” according to another person close to Trump and a different source familiar with the matter. Trump and his allies are baselessly floating the idea that federal agents could be guilty of “planting” incriminating evidence at his private resort. And the ex-president and several of his longtime advisers are trying to figure out if they have, in their terminology, a “mole” or a “rat” in Trump’s inner sanctum who is slipping his secrets to the feds.
More stories about the search to check out:
I highly recommend this piece by Brian Karam at Salon: No exit: After Mar-a-Lago raid, Trump is trapped — and his fear is palpable. It actually helped me feel somewhat hopeful.
Emptywheel: The Likely Content of a Trump Search Affidavit.
The Washington Post: Citizen Trump may have broken a law that President Trump made a felony.
The Daily Beast: Hell Week: How Trump’s Problems All Converged at Once.
Vice News: Far-Right Extremists Are Violently Threatening the Trump Search-Warrant Judge.
Law and Crime: Federal Magistrate Judge Orders DOJ to Respond to Media and Non-Profit Requests to Unseal Trump Search Warrant.
New York Magazine: ‘You Can’t Play the Cable-News Game in Court.’
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