“The court’s order hamstrings that investigation and places the FBI and Department of Justice … under a Damoclean threat of contempt,” DOJ lawyers said in their 29-page filing, adding, “It also irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to [Trump’s] counsel.”
Arraignment Tuesday Reads
Posted: June 13, 2023 Filed under: 2024 Elections, Donald Trump | Tags: classified information, DOJ, Jack Smith, Judge Aileen Cannon, top secret clearances, Trump arraignment in Miami, Trump attorneys 13 Comments
Happy Arraignment Day!!
There will be lots of cable news talk today and tonight, but there probably won’t be much excitement at Trump’s arraignment. There are pro- and anti- Trump people demonstrating outside, but we’re unlikely to see another January 6.
Odette Yusef at NPR: Trump is calling for support for his court appearance. The far right may stay away.
When former President Donald Trump posted to his Truth Social platform on Friday, “SEE YOU IN MIAMI ON TUESDAY!!!,” the call eerily echoed the tweets with which he summoned his supporters to Washington, D.C., in the lead-up to Jan. 6, 2021. Then, Trump’s tweet helped to draw tens of thousands to the nation’s capital.
For some, it was interpreted as an invitation to plan and engage in collective violence. But extremism researchers say that this time around, they are not seeing signs of similar, large-scale and detailed planning around Trump’s expected courthouse appearance.
“One of the most striking things that stuck out about January 6 that we’re not seeing now are logistical and tactical maps of buildings, facilities, areas, exit routes,” said Benjamin Decker, CEO of Memetica, a threat intelligence group.
Decker said violent rhetoric on fringe platforms such as far-right Telegram channels, 4chan, Gab, Truth Social, Gettr and Patriots.win has spiked since Trump’s indictment last week. He said it has been particularly concerning to see some of this language targeting Attorney General Merrick Garland and special counsel Jack Smith. But he said the appetite to participate in a mass, in-person event is muted.
“There is a lot of paranoia among Trump supporters about getting arrested,” he said. “And the cost of arrest and potential jail time, that’s still going to deter people … who may be on the fence about being there to exercise their First Amendment rights or being there to participate in mob violence.”
On Monday, a rally in Miami organized by former Florida congressional candidate Laura Loomer seemed to attract more reporters than participants.
Jared Holt, senior research manager at the Institute for Strategic Dialogue, said a handful of other groups appeared to be organizing rallies for Tuesday at the courthouse. But he noted they were attracting skepticism from doubters who accuse the organizers of setting up a “false flag” or federal honeypot trap intended to arrest Trump supporters.
So if there is any violence this afternoon, it will probably be from lone wolves, not organized groups. Let’s hope things stay peaceful.
This is from David Kurtz’s Morning Memo at TPM.
I wonder who is televising the speech? I’m going to give that a miss and just look at the clips on Twitter.
Also from the Morning Memo, a discussion of how Trump is reacting to getting his comeuppance: fantasizing about revenge.
The organizing principle of Trump’s re-election campaign first became apparent back in March with his chilling “I am your retribution” speech at CPAC.
I keep coming back to this theme because it animates so much of his rhetoric and has been adopted in both obvious and subtle ways by his closest adherents, and because it poses perhaps the most dire threat to the rule of law if Trump is re-elected.
I bring it back up today because his revenge fantasy is ripening and deepening in alarming ways.
In the immediate aftermath of his indictment in the Mar-a-Lago case, Trump has returned it to the forefront of his own rhetoric, and it’s being picked up again by his boosters. A few of the most egregious examples:
— Trump warned Monday that if re-elected he will name a special prosecutor to “go after” Joe Biden and his family.
“I WILL APPOINT A REAL SPECIAL “PROSECUTOR” TO GO AFTER THE MOST CORRUPT PRESIDENT IN THE HISTORY OF THE USA, JOE BIDEN, THE ENTIRE BIDEN CRIME FAMILY, & ALL OTHERS INVOLVED WITH THE DESTRUCTION OF OUR ELECTIONS, BORDERS, & COUNTRY ITSELF!”
— Trump has targeted Special Counsel Jack Smith’s wife, an echo of what he previously did to deputy FBI Director Andrew McCable’s wife….
By this point, I feel sure you know the many levels these attacks play at: They effectively cow investigators and prosecutors by raising the price and the pain of enforcing the law against him; they keep everyone involved in holding him accountable looking over their shoulders at what happens if Trump wins in 2024; they unleash the less stable and more deranged among us against Trump’s perceived enemies; they are the rallying cry not just for his supporters at election time but for his appointees and subordinates and acolytes throughout government at the local, state and federal level.
Trump’s revenge fantasy – his stated desire to abuse the powers of the office to inflict pain on those who oppose him – is now more toxic, pervasive, and sinister than at any point in his presidency. It is the rocket fuel to his quickening lurch toward fascism, not only because it appeals to his strongman tendencies, but because now as he faces criminal charges on multiple fronts it is inextricably a part of protecting and preserving his own liberty.
Trump is an increasingly desperate man, and he’s telling us exactly what he will do.
In other words, it’s going to get really ugly.
As Dakinikat posted yesterday, pro-Trump Judge Aileen “Loose” Cannon is still assigned to the trial, even though she’s not handling the arraignment. The New York Times’ Charlie Savage has a piece on how Cannon cold screw things up for the DOJ: How a Trump-Appointed Judge Could Influence His Documents Case.
Jack Smith, the special counsel handling the documents investigation into former President Donald J. Trump, vowed to seek “a speedy trial.” But that will be up to Judge Aileen M. Cannon, who will wield considerable power over its calendar, evidence and jury.
Last year, Judge Cannon, a Trump appointee, briefly disrupted the documents investigation by issuing rulings favorable to him when he challenged the F.B.I.’s search of his Florida club and estate, Mar-a-Lago, before a conservative appeals court ruled that she never had legal authority to intervene.
It remains to be seen how she will handle her second turn in the spotlight. The scope of her role before the trial also is unclear: She is not presiding over Mr. Trump’s initial hearing on Tuesday, and could refer some pretrial motions to a magistrate judge who works under her. But here is a closer look at how her decisions as the judge presiding over the trial — like on what can be included and excluded — could affect the case.
First, she could slow the case down by supporting Trump’s pointless motions. Another problem will be how she handles the classified documents:
Before the trial begins, there is almost certain to be extensive fights behind closed doors over the use of classified evidence, a matter governed by the Classified Information Procedures Act, or CIPA. The law was intended to reduce the opportunities for so-called graymail in criminal cases involving national security, in which defendants threaten to expose sensitive secrets unless prosecutors drop charges against them.
One potential issue: whether the government has to publicly expose all 31 classified documents that are the basis of the 31 counts against Mr. Trump for illegally retaining national-security secrets. Their contents are key evidence for whether they qualify as the type of information protected by the Espionage Act.
CIPA establishes court procedures to sometimes shield sensitive information from the public, including by redacting some documents or substituting summaries. But defense lawyers can argue that they need to discuss their full contents in open court for the trial to be fair.
Read more about this aspect at the link. Another issue could be the attorney-client privilege decisions that have already been decided by a federal judge:
During the investigation, Judge Beryl A. Howell of the Federal District Court for the District of Columbia ruled that the exception applied, forcing Mr. Trump’s lawyers to provide information to the grand jury. But Judge Cannon is not bound by Judge Howell’s decisions when it comes to what information should be presented to a jury.
During pretrial motions, if Mr. Trump’s lawyers ask Judge Cannon to suppress the evidence to protect attorney-client privilege and she does so, prosecutors could appeal — but that would further delay the case.
Other issues discussed in the article: Trump team claims of “prosecutorial misconduct,” jury selection decisions, ‘Rule 29’ Motions to Acquit, and the possibility of a hung jury. Read more details at the NYT link.
Judge Cannon could still recuse herself, but that’s probably unlikely. It will be interesting to see how the DOJ deals with her.
One serious problem for Trump is that he is having a hard time finding lawyers to defend him. Hugo Lowell at The Guardian: Trump finds no new lawyers for court appearance in Mar-a-Lago case.
Donald Trump is expected to be represented at his first court appearance to face federal criminal charges for retaining national security materials and obstruction of justice by two of his existing lawyers, despite trying to recruit a local Florida lawyer willing to join his legal defense team.
The lawyers making an appearance with Trump on Tuesday will be the top former federal prosecutor Todd Blanche and the former Florida solicitor general Chris Kise, according to people familiar with the matter. Trump’s co-defendant, his valet Walt Nauta, will be represented by Stanley Woodward.
Trump and his legal team spent the afternoon before his arraignment interviewing potential lawyers but the interviews did not result in any joining the team in time for Trump’s initial court appearance scheduled for 3pm ET on Tuesday after several attorneys declined to take him as a client.
Trump has also seemingly been unable to find a specialist national security lawyer, eligible to possess a security clearance, to help him navigate the Espionage Act charges….
After interviewing a slate of potential lawyers at his Trump Doral resort, the former president settled on having Kise appearing as the local counsel admitted to the southern district of Florida as a one-off, with Blanche being sponsored by him to appear pro hac vice, one of the people said.
Here are the attorneys who turned Trump down.
Among the Florida lawyers who turned down Trump was Howard Srebnick, who had expressed an interest in representing the former president at trial as early as last week in part due to the high fees involved, but ultimately was not allowed to after conferring with his law partners, the person said.
The other prominent lawyer who declined to work with Trump was David Markus, who recently defended the Florida Democratic gubernatorial candidate Andrew Gillum against charges that he lied to the FBI and funnelled campaign contributions into his personal accounts, the person said.
Trump and his team have interviewed the corruption attorney Benedict Kuehne, who was indicted in 2008 for money laundering before the charges were dropped, the person said. But he has his own baggage as he faces disbarment for contempt of court in a recent civil suit he lost.
The other interviews are understood to have been with William Barzee, as well as Bruce Zimet, the former chief assistant US attorney in Fort Lauderdale and West Palm Beach.
Hugo Lowell notes that lawyers are concerned about his reputation for being a nightmare client and their concerns that defending Trump could damage their own reputations. They also have to be aware that Trump has lied to and manipulated his attorneys.
Trump is said to still be searching for a lawyer in the mold of Roy Cohn, the ruthless New York fixer who defended and mentored him before he was later disbarred – and the fear of potentially being asked to take similar actions has been a persistent issue.
That fear has loomed large for numerous lawyers Trump’s advisers have contacted, the people said, in particular after Trump might have made Evan Corcoran, another former lawyer who withdrew from his defense in the Mar-a-Lago documents investigation, into a witness against him.
Marcy Wheeler has a post at Emptywheel about Trump’s need for a lawyer who has or would be able to obtain top secret clearance: Trump Needs Cleared Lawyers, Not Just Any Lawyers.
Trump needs cleared attorneys, and he should (finally) have the lawyers with Espionage Act experience that might have minimized some of the risk he currently faces.
When courts deal with classified documents like this one will, the judge does not need clearance. (This is a separation of powers issue; members of Congress similarly don’t need clearance.) But the lawyers do. At least one and preferably three of Trump’s lawyers will need to be cleared at the elevated levels the FBI Agents who did the search of Mar-a-Lago had to be read into to even conduct the search. As it was, Trusty was Trump’s only attorney with clearance, and he just split.
Not all lawyers want to go through the trouble of getting clearance. Some — possibly including Chris Kise, was a registered agent for Venezuela in recent years — may not be able to get cleared at that level.
Donald Trump’s trouble finding legal representation is no longer simply the comedy of self-destructiveness it has been for years. Starting today (or shortly thereafter), there will be new obligations and exposures for lawyers representing him.
Trump’s search for a lawyer is not just about finding people who are members of the bar in SDFL. He also needs to find lawyers who are willing to put their security clearance and their reputations at risk on a case where Trump has already been wildly misleading his attorneys.
In this post, Marcy also addresses in detail the ways in which he has lost lawyers by misleading and lying to them, as well as asking them to do illegal things. Read all about it at the link.
More interesting stories to check out
Sam Brodey at The Daily Beast: Dems Have a Trump Indictment Strategy: Shut Your Damn Mouth.
The New York Times: How Trump Plans to Beat His Indictment, Politically.
Barbara McQuade at MSNBC: New indictment proves Trump is a triple threat to national security.
Eric Levitz at New York Magazine: The DOJ Went Easy on Trump for Political Reasons.
Geraldine DeRuiter at The Washington Post: We need to talk about Trump’s bathroom chandelier.
Friday Reads: Trump Indicted in Stolen Documents Case
Posted: June 9, 2023 Filed under: Donald Trump | Tags: 11th Circuit Court of Appeals, Espionage Act, Judge Aileen Cannon, stolen documents case, Walt Nauta 9 CommentsGood Afternoon!!
It’s finally happening. Last night Trump announced that he has been indicted in the stolen documents case. That’s the good news. The bad news is that the case has been assigned to Judge Aileen Cannon, remember her? She’s the MAGA judge who stalled the case for months by appointing a special master before she was finally humiliated by the 11th Circuit Court of Appeals. Just breaking right now: Walt Nauta, the aide who moved boxes around at Mar-a-Lago has also been indicted in the documents case. Here’s what’s happening this morning.
Hugo Lowell at The Guardian: Donald Trump charged with illegal retention of classified documents.
Federal prosecutors have charged Donald Trump over his retention of national security documents and obstructing the government’s efforts to retrieve them, according to multiple people familiar with the matter, a historic development that poses the most significant legal peril yet for the former president.
The exact nature of the indictment, filed in federal district court in Miami, is unclear because it remains under seal and the justice department had no immediate comment.
Trump confirmed the indictment on his Truth Social social media platform on Thursday afternoon, shortly after his lawyers received an email from prosecutors in the office of special counsel Jack Smith that outlined the charges and summoned the former president to surrender himself to authorities in Miami next Tuesday.
The charges listed in the summons included: wilful retention of national defense information, conspiracy to obstruct justice, withholding a document, corruptly concealing a document, concealing a document in a federal investigation, engaging in a scheme to conceal and false statements, people familiar with the matter said.
Trump’s lawyer Jim Trusty confirmed in an appearance on CNN that prosecutors had listed seven charges on the summons paper. Trusty said he had not seen a copy of the indictment but added he was hopeful that it might be unsealed before Trump makes his initial appearance in court.
Trump will be arraigned in Miami on Tuesday afternoon.
ABC News: Judge Aileen Cannon, a Trump appointee, initially assigned to oversee his case: Sources.
The summons sent to former President Donald Trump and his legal team late Thursday indicates that U.S. District Judge Aileen Cannon will be assigned to oversee his case, at least initially, according to sources briefed on the matter.
Cannon’s apparent assignment would add yet another unprecedented wrinkle to a case involving the first federal charges against a former president: Trump appointed Cannon to the federal bench in 2020, meaning that, if Trump is ultimately convicted, she would be responsible for determining the sentence – which may include prison time – for the man who elevated her to the role….
Cannon is no stranger to the case. The 42-year-old judge appointed a “special master” last year to review those materials seized from Trump’s Mar-a-Lago estate. Legal experts accused Cannon of handing Trump a series of head-scratching victories over the course of those proceedings….
In one instance, Cannon restricted the FBI from using the seized classified documents as part of their ongoing probe until she completed her review. Cannon’s order was ultimately thrown out in its entirety by an 11th Circuit Court of appeals panel, which found she overstepped in exercising her jurisdiction in the probe.
In addition to Cannon, Magistrate Judge Bruce Reinhart’s name also appeared on the summons sent to Trump on Thursday, the sources said.
Reinhart, who was sworn in as a magistrate judge in 2018, is also familiar with the proceedings against Trump: he signed off on the initial search warrant of Mar-a-Lago last year and later ruled to unseal the search affidavit – decisions that made him the target of antisemitic jabs on the internet.
I assume that if Cannon doesn’t recuse herself, the DOJ will appeal to the 11th Circuit. Joyce Vance posted a thread about this on Twitter.
Read the rest on Twitter.
CNN: Trump aide Walt Nauta indicted in classified documents case.
An aide to former President Donald Trump has been indicted in special counsel Jack Smith’s investigation into the mishandling of classified documents from the Trump White House, two sources familiar with the indictment tell CNN.
Walt Nauta’s indictment is the second in the special counsel’s investigation after Trump was indicted on seven counts on Thursday.
An attorney for Nauta declined to comment. Nauta was with Trump at his Bedminster, New Jersey, golf club this week….
Trump responded to Nauta’s indictment on his social media Friday, writing, “They are trying to destroy his life, like the lives of so many others, hoping that he will say bad things about ‘Trump.’ He is strong, brave, and a Great Patriot. The FBI and DOJ are CORRUPT!”
Nauta’s involvement in the movement of boxes of classified material at Trump’s Florida resort had been a subject of scrutiny of investigators. Nauta, with the help of a maintenance worker at Mar-a-Lago, moved the boxes before the FBI executed a search warrant on the Palm Beach property last August.
Maggie Haberman and Jonathan Swan have the inside gossip on what happened when Trump got the news last night.
The New York Times: Inside Trump’s Club When the Call Came: You’re Indicted.
Former President Donald J. Trump was gathered with his core political advisers in the office near his poolside cottage at his club in Bedminster, N.J., when his phone rang around 7 p.m. on Thursday. On the line, according to two people with knowledge of the call, was one of his lawyers, informing him he had been indicted for the second time in less than three months….
Mr. Trump, always compartmentalizing, immediately moved to a political reaction.
At 7:21 p.m., he did what he used to do so often when he was president: He personally programmed the chyrons on every news channel in the country. He broke the news of his own indictment — drafting and then sending a three-part statement on his social media network, Truth Social, that soon interrupted the nighttime shows on Fox News, MSNBC and CNN.
The former president posted a screed against the Biden administration, but buried within his attacks on Democrats were pertinent details: not only that he had been indicted, but also that he had been summoned to appear at a Miami courthouse on Tuesday afternoon.
A studio van was brought to Bedminster so one of his lawyers could go on television. Another Trump lawyer, James Trusty, soon went on CNN to describe a few of the charges, and recounted his client’s reaction.
A bit more:
“He thought about it,” Mr. Trusty said. “He said: ‘This is just a sad day. I can’t believe I have been indicted.’” Mr. Trusty went on: “Those are kind of my — my summary words of what he had to say. But, at the same time, he immediately recognizes the historic nature of this. This is crossing the Rubicon.”
For days, Mr. Trump’s team had been casting about for information about his indictment, after three of his lawyers met with Justice Department officials on Monday. They entered that meeting having been told charges were likely, and nothing that was said changed that perspective, according to people close to Mr. Trump. But while they suspected an indictment was imminent, they were operating more off rumor, gossip and news reports than from verified facts.
As speculation intensified ahead of the Justice Department’s notification of the indictment, Mr. Trump’s team pretaped a video of the former president reacting to the expected charges in a speech direct to the camera — and standing in front of what appeared to be a version of a painting of President Theodore Roosevelt and Kaiser Wilhelm II, Germany’s leader during World War I.
Half an hour after he announced his indictment, he posted the video on his social media website. In it, he bashes Democrats, portrays the indictment as evidence of “a nation in decline” and calls himself “an innocent man.”
Whatever. Just more Trump lies.
CNN has obtained more tapes of Trump talking about the stolen documents.
CNN reports:
Former President Donald Trump acknowledged on tape in a 2021 meeting that he had retained “secret” military information that he had not declassified, according to a transcript of the audio recording obtained by CNN.
“As president, I could have declassified, but now I can’t,” Trump says, according to the transcript.
CNN obtained the transcript of a portion of the meeting where Trump is discussing a classified Pentagon document about attacking Iran. In the audio recording, which CNN previously reported was obtained by prosecutors, Trump says that he did not declassify the document he’s referencing, according to the transcript.
Trump was indicted Thursday on seven counts in special counsel Jack Smith’s investigation into the mishandling of classified documents. Details from the indictment have not been made public, so it unknown whether any of the seven counts refer to the recorded 2021 meeting. Still, the tape is significant because it shows that Trump had an understanding the records he had with him at Mar-a-Lago after he left the White House remained classified.
Publicly, Trump has claimed that all the documents he brought with him to his Florida residence are declassified, while he’s railed against the special counsel’s investigation as a political witch hunt attempting to interfere with his 2024 presidential campaign.
This seems to be more details from the recording CNN revealed last week.
Trump was complaining in the meeting about Chairman of the Joint Chiefs of Staff Gen. Mark Milley. The meeting occurred shortly after The New Yorker published a story by Susan Glasser detailing how, in the final days of Trump’s presidency, Milley instructed the Joint Chiefs to ensure Trump issued no illegal orders and that he be informed if there was any concern.
“Well, with Milley – uh, let me see that, I’ll show you an example. He said that I wanted to attack Iran. Isn’t that amazing? I have a big pile of papers, this thing just came up. Look. This was him,” Trump says, according to the transcript. “They presented me this – this is off the record, but – they presented me this. This was him. This was the Defense Department and him. We looked at some. This was him. This wasn’t done by me, this was him.”
Trump continues: “All sorts of stuff – pages long, look. Wait a minute, let’s see here. I just found, isn’t that amazing? This totally wins my case, you know. Except it is like, highly confidential. Secret. This is secret information. Look, look at this.”
Apparently he was going through some of those boxes he brought with him from Mar-a-Lago.
I expect there will be more news breaking today and over the weekend. Take care everyone and enjoy the schadenfreude!
Thursday Reads: Latest on the Stolen Government Docs and Other News
Posted: October 6, 2022 Filed under: Donald Trump, morning reads | Tags: 11th Circuit appeals court, animal cruelty, DOJ, Dr. Oz, Judge Aileen Cannon, SCOTUS, stolen documents 20 Comments
Georgia O’Keeffe, Autumn Trees
Good Morning!!
I got the Omicron booster and a flu shot this morning. I was fortunate that the local Council on Aging came to my apartment building to give the vaccines. My town is really nice to us old folks.
Both of my arms hurt already, especially the left, where I got the Covid shot. I hope I won’t have a too many side effects. It hurts to type, so this won’t be a fancy post.
Before I get going on the latest news, I want to share this shocking story about Dr. Oz that Jezebel published on Monday: Dr. Oz’s Scientific Experiments Killed Over 300 Dogs, Entire Litter of Puppies.
…[A] review of 75 studies published by Mehmet Oz between 1989 and 2010 reveals the Republican Senate candidate’s research killed over 300 dogs and inflicted significant suffering on them and the other animals used in experiments.
Oz, the New Jersey resident who’s currently running for U.S. Senate from Pennsylvania, was a “principal investigator” at the Columbia University Institute of Comparative Medicine labs for years and assumed “full scientific, administrative, and fiscal responsibility for the conduct” of his studies. Over the course of 75 studies published in academic journals reviewed by Jezebel, Oz’s team conducted experiments on at least 1,027 live animal subjects that included dogs, pigs, calves, rabbits, and small rodents. Thirty-four of these experiments resulted in the deaths of at least 329 dogs, while two of his experiments killed 31 pigs, and 38 experiments killed 661 rabbits and rodents.
In the early 2000s, testimony from a whistleblower and veterinarian named Catherine Dell’Orto about Oz’s research detailed extensive suffering inflicted on his team’s canine test subjects, including multiple violations of the Animal Welfare Act, which sets minimum standards of care for dogs, cats, primates, rabbits, and other animals in the possession of animal dealers and laboratories. The law specifically requires researchers and breeders to use pain-relieving drugs or euthanasia on the animals, and not use paralytics without anesthesia, or experiment multiple times on the same animal.
Dell’Orto testified that a dog experimented on by Oz’s team experienced lethargy, vomiting, paralysis, and kidney failure, but wasn’t euthanized for a full two days. She alleged other truly horrifying examples of gratuitously cruel treatment of dogs, including at least one dog who was kept alive for a month for continued experimentation despite her unstable, painful condition, despite how data from her continued experimentation was deemed unusable. According to Dell’Orto, one Oz-led study resulted in a litter of puppies being killed by intracardiac injection with syringes of expired drugs inserted in their hearts without any sedation. Upon being killed, the puppies were allegedly left in a garbage bag with living puppies who were their littermates. Dell’Orto’s allegations, made in 2003 and 2004, are detailed in letters from PETA to the university and USDA. In an interview with Billy Penn last month, she acknowledged PETA “is not a reliable source of information,” but said the organization’s letters honestly reflected what she told the organization and provided documentation for.
In May 2004, Columbia University was ordered by the USDA to pay a $2,000 penalty for violations of the Animal Welfare Act. The fine paid by Columbia was the result of a settlement between the university and the USDA, based on the findings of Columbia’s internal investigation of Oz’s research. The USDA accepted these findings, but according to Dell’Orto, the review was faulty, and “had investigators on the committee that were also complicit in this type of poorly designed, cruel animal experimentation.” Dell’Orto also noted that while Oz wasn’t the one who euthanized the dogs and puppies himself, “When your name is on the experiment, and the way the experiment is designed inflicts such cruelty to these animals, by design, there’s a problem.”
Oz also opposes abortion, so he doesn’t have a problem with women dying either.
There’s quite a bit of news on the stolen government documents investigation, so I’m going to focus on that. I’ll add more news links at the end of the post.
Pierre Bonnard, Autumn View, 1912
Yesterday afternoon, the 11th Circuit appeals court undercut Trump’s SCOTUS appeal by granting the DOJ’s request for expedited consideration of their appeal of Judge Loose Cannon’s special master decision. Josh Gerstein and Kyle Cheney at Politico: Appeals court expedites DOJ challenge to Mar-a-Lago special master.
A federal appeals court agreed on Wednesday to expedite consideration of a Justice Department’s bid to shut down the external review process for the 11,000 documents seized by the FBI during its August raid of former President Donald Trump’s residence.
The Atlanta-based 11th Circuit Court of Appeals issued an order Wednesday morning setting tighter deadlines in the government’s appeal to remove what prosecutors contend is an unnecessary obstacle to their investigation into potentially illegal retention of classified information, theft of government records and obstruction of justice.
The schedule set by the appeals court for legal briefing on the issue is not quite as rapid as the Justice Department proposed, but is faster than Trump’s legal team urged. Under the new schedule, Trump’s lawyers would have to stake out their position in the dispute by Nov. 10 and briefing would be complete by Nov. 17.
“No extensions allowed,” Judge Adalberto Jordan wrote, indicating that he had consulted with Chief Judge William Pryor on the plan.
No date was set Wednesday for oral argument, but Adalberto’s order said a “special merits panel” would be assigned to the case.
The legal fight over the documents found at Trump’s Mar-a-Lago club in Florida has now proliferated into four arenas: the Florida courtroom of U.S. District Court Judge Aileen Cannon, who first approved the former president’s request for a special master; the Brooklyn courtroom of the special master she appointed, senior Judge Raymond Dearie; the Atlanta-based 11th Circuit Court of Appeals and the Supreme Court.
Read more at the link.
A couple of days ago Bloomberg’s Zoe Tillman was able to download a court filing that was accidentally unsealed for a short time. The filing listed the documents that had been segregated from the FBI search results because they contained personal or potentially privileged material.
I can’t access her story, but here is an analysis from Philip Bump at The Washington Post: What the FBI took from Trump, according to an accidentally unsealed list.
The list includes two batches of documents, about five dozen in total. What’s included are about 520 pages of documents that the government believed should be screened for privilege by the special master assigned to the case. The government broke the documents into two groups. The first was material that related to Trump’s tenure as president, labeled Exhibit A. The second was material that appeared to be subject to attorney-client privilege. It’s marked Exhibit B.
Reviewing the list itself, though, we get a good sense of the breadth of information that was present at Mar-a-Lago. There are documents related to grants of clemency, to endorsements, to legal fights, to policy proposals. At times, the documents are cryptic. We’ve done our best to clarify where we can, but we might not have explained everything.
Read the document descriptions at the WaPo.
Edvard Munch, Elm Forest in Autumn
This is from Emptywheel yesterday: Judge Aileen Cannon Treated a Public Letter About Trump’s Health As More Sensitive Than America’s National Security.
As I have shown, had Judge Aileen Cannon left well enough alone, the government would have handed all Category B documents identified by the filter team back to Trump on September 1. Instead, she deliberately inflicted what she herself deemed to be further harm on Trump to justify intervening in the search of Trump’s beach resort.
And now she may have caused even more harm. That’s because, by means that are not yet clear (but are likely due to a fuck-up by one of Cannon’s own staffers), the inventories from both Category A (government documents that deal with a legal issue) and Category B (more personal documents) were briefly posted on the docket. (h/t Zoe Tillman, who snagged a copy)
Those inventories not only show Cannon’s claims of injury to Trump were even more hackish than I imagined. But it creates the possibility that DOJ’s filter team will attempt to retain some of the documents included in Category B, notably records pertaining to the Georgia fraud attempts and January 6, they otherwise wouldn’t have.
Start with the hackishness. The harm that Cannon sustained to justify intervening consisted of preventing DOJ from returning, “medical documents, correspondence related to taxes, and accounting information” to Trump, “depriv[ing Trump]of potentially significant personal documents.” Cannon made DOJ withhold such documents from Trump for a least two additional weeks and then used it to argue that Trump had a personal interest in what DOJ claims are mostly government documents and press clippings.
The single solitary medical document pertaining to Trump (there’s a Blue Cross explanation of benefits that appears to pertain to someone else) is this letter from Trump’s then-personal physician released during the 2016 Presidential campaign.
Not only was it publicly released over six years ago, but details of medicines left off the report and Trump’s role in dictating an earlier version of the letter were widely reported in 2017.
Aileen Cannon held up a national security investigation into highly sensitive documents stored insecurely at a beach resort targeted by foreign intelligence services, in part, because the FBI seized a public letter than had been released as part of a political campaign six years ago.
She personally halted efforts to keep the United States safe, in part, to prevent leaks of a document that Trump released himself six years ago.
Read more at the link.
Jason Leopold and Jack Gillum at Bloomberg on who packed the boxes Trump sent to Mar-a-Lago: Trump Says US Agency Packed Top-Secret Documents. These Emails Suggest Otherwise.
Former President Donald Trump publicly said that one reason that the FBI found boxes of classified documents improperly stored at his Florida estate was that federal workers had packed up the White House after his 2020 defeat.
Autumn in Bavaria, Wassily Kandinsky, 1908
But documents obtained by Bloomberg News under a Freedom of Information Act request suggest a different story. More than 100 pages of emails and shipping lists between White House and transition staff and the US General Services Administration describe the minutiae of moving the Trump White House from Washington, DC, to Florida, down to how many rolls of bubble wrap and tape, all within a plan signed by then-Chief of Staff Mark Meadows.
One thing is clear: The boxes were packed when the movers got there.
While the records don’t specify what the boxes contained, they provide the most detailed account to date of how the GSA assisted the outgoing administration between January and September 2021.
After the FBI’s unprecedented Aug. 8 search of Trump’s Mar-a-Lago estate, the former president and his allies, including Fox News’s Sean Hannity, Stephen Bannon’s Breitbart News and former Trump defense official Kash Patel, have claimed that Trump can’t be held legally responsible for the dozens of boxes of highly classified documents found around Mar-a-Lago because the GSA — essentially the federal government’s office and property manager — was in charge of filling boxes and shipping them.
Apparently, those were all lies. Read the rest of the details at Bloomberg. A few days ago, The Washington Post reported that Trump himself packed the 15 boxes that he turned over the the National Archives in January. At the time, Alex Cannon, a Trump lawyer, refused to certify that all the documents had been returned, because he didn’t believe that was true. IMO, Trump probably packed the boxes that he took from the White House too.
More News, Links Only:
NBC News: FBI arrests pastor who wore his company jacket on Jan. 6 and pushed into police line.
David Wasserman at the Cook Political Report: House Rating Changes: Ten Races Shift, Mostly Towards Democrats.
Politico: Abortion ‘has given Democrats a second look’ from GOP-leaning women.
The Washington Post: 14-year-old’s arthritis meds denied after Ariz. abortion ban, doctor says.
Roger Sollenberger at The Daily Beast: She Had an Abortion With Herschel Walker. She Also Had a Child With Him.
Secret Service news from Carol Leonnig at The Washington Post: VP was in car accident; Secret Service first called it ‘mechanical failure’
Timothy Snyder: How does the Russo-Ukrainian War end?
Financial Times: Vladimir Putin’s botched mobilisation triggers blame game in Russia.
That’s all I have for you today. What stories are you following?
Thursday Reads: Trump’s Terrible Day
Posted: September 22, 2022 Filed under: Afternoon Reads, Donald Trump, Hillary Clinton, SCOTUS | Tags: 11th Circuit appeals court, Clarence Thomas, declassification of documents, Ginni Thomas, Judge Aileen Cannon, Letitia James, New York Attorney Genral 27 CommentsGood Afternoon!!
Whew! Yesterday was quite a day! It began with New York Attorney General Tish James announcing a 250 million lawsuit against Trump, three of his children, the Trump Organization and two of its top employees; it ended with the 11th Circuit appeals court thoroughly rebuking Judge Loose Cannon and restoring the DOJ’s access to the classified documents needed for their criminal investigation of Trump and for the intelligence assessment of the damage caused by Trump’s thievery. Meanwhile Trump went on Fox News and incriminated himself in an insane interview with Sean Hannity. Here’s a sample from that hour-long clusterfuck:
Since I’m not a lawyer, it’s difficult for me to write about all this legal stuff, but I’ll do my best to post stories that explain what all this means.
First up, this piece by University of Texas law professor Steve Vladeck at CNN: Opinion: How Trump’s terrible day went from bad to worse.
For most people, having the Attorney General of the nation’s fourth most populous state file a sweeping new lawsuit accusing you and your family of “staggering” fraud would be a terribly ominous development.
For former President Donald Trump, it wasn’t even the worst legal news he received on Wednesday. That came later in the evening, when a unanimous three-judge panel of the Atlanta-based US Court of Appeals for the Eleventh Circuit lifted a district court ruling that had partially blocked the Justice Department’s ongoing criminal investigation into whether Trump unlawfully retained at Mar-a-Lago (and refused to return) a large tranche of government documents.
The immediate effect of the panel ruling is to clear the way for the Justice Department to continue its work. But the broader significance of Wednesday night’s ruling — significance that, at least for now, clearly transcends the possibility of what might come of the civil suit filed by New York Attorney General Letitia James — is the fact that a panel that included two Trump appointees poured very cold water on the only arguments he had left to defend against the Mar-a-Lago search.
The issue before the Eleventh Circuit was whether to freeze part of the injunction that US District Court Judge Aileen Cannon had entered on September 5 — an injunction that purported to block the Justice Department from using most of the materials it recovered from its August 8 search of Mar-a-Lago until and unless they could be reviewed by a court-appointed special master. (The special master, Judge Raymond Dearie, expressed a fair amount of skepticism toward Trump’s claims at his first hearing on Tuesday).
What the three-judge panel–including two judges appointed by Trump–said:
Across 29 pages, the three-judge Eleventh Circuit panel made quick work of Cannon’s ruling — holding that the Justice Department was almost certain to succeed in having that ruling thrown out, and so should have the ruling frozen, at least as it applied to classified materials, while the appeals process runs its course.
Among other things, the panel, which included Judges Robin Rosenbaum (appointed by President Barack Obama) and Judges Britt Grant and Andrew Brasher (appointed by Trump), highlighted the absence of any evidence that Trump had declassified any of the classified information discovered at Mar-a-Lago, and also the extent to which that entire issue is a “red herring” for the broader debate over whether those documents belong to Trump or the government….
But it was in a more subtle section of the opinion that the panel handed Trump his most significant defeat. Across two pages and a footnote that non-legal-readers could be forgiven for skipping past, the three judges rejected, in unequivocal terms, claims made by Trump and his supporters (including the State of Texas, which had filed a highly unusual friend-of-the-court brief on behalf of 10 other red states) that the investigation into the former President and search of Mar-a-Lago were all just bad faith harassment from the Biden administration….
In other words, the three-judge panel on one of the more conservative federal appeals courts in the country looked at the Mar-a-Lago search and the broader criminal and national security investigation into the former President of the United States and could not “see any evidence in the record” to support the claim that the Biden administration was using its law enforcement authorities to harass Trump — as opposed to conducting a genuine, above-the-board investigation into serious potential violations of federal criminal statutes.
You might also check out this straight news piece by Charlie Savage, et al. at The New York Times:
In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed repeated efforts to recover them.
The appeals court also agreed with the Justice Department that Mr. Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8.
The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”
The decision by the Atlanta-based court was a repudiation of the decision by Judge Aileen M. Cannon, whom Mr. Trump appointed to the Federal District Court for the Southern District of Florida, to broadly intervene in the Justice Department’s investigation. The appellate ruling will permit the arbiter, known as a special master, to review most of the more than 11,000 files seized from Mar-a-Lago, but allow prosecutors unfettered access to the smaller batch of classified records.
Charlie Savage also reposted on Twitter an earlier article on how the declassification process works.
This piece at Just Security is a good explainer on the New York Attorney General’s lawsuit against the Trump family and businesses: Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump.
In the last month, the array of investigations involving Donald J. Trump and many of Trump’s associates and family members has reached an intense pitch. Today another bombshell detonated—one that may prove to be the most devastating.
New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates.
The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits; the cancellation of business certificates for Trump’s corporate entities; appointment of an independent monitor at the Trump Organization; a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity; permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment.
With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations.
Read the rest at Just Security. Here’s John Buss’s commentary:
What about the January 6 Committee? What are they up to? Yes, more bad news for Trump–and Mark Meadows too.
From the article:
The House select committee investigating January 6, 2021, has come to an agreement with Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in the coming weeks, according to a source close to the committee.
Ginni Thomas’ attorney, Mark Paoletta, confirmed the voluntary interview in a statement, saying, “As she has said from the outset, Mrs. Thomas is eager to answer the Committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”
Members of the panel have long said they are interested in speaking with Thomas, particularly after CNN first reported text messages she exchanged with then-Trump White House chief of staff Mark Meadows prior to January 6 about overturning the election.
But in the months since those messages emerged, there has been little indication that compelling her to testify was a top priority for the panel despite subsequent evidence that Thomas also encouraged state lawmakers in Arizona and Wisconsin to overturn Joe Biden’s legitimate electoral win.
Thomas attended the rally that preceded the attack on the US Capitol, as she said in an interview with the Washington Free Beacon, where she stressed that her and her husband’s professional lives are kept separate. She also said that she had left the gathering before the protesters turned violent.
She has also been publicly critical of the House January 6 investigation, calling on House GOP leaders to boot from their conference the two Republicans serving on the select committee.
It’s not yet clear what changed for Thomas and her attorney to now agree to this interview. The 64 thousand dollar question is how will this affect her husband Clarence? Will John Roberts finally decide to deal with him? Probably not, but you never can tell.
More news, links only:
Analysis by Stephen Collinson at CNN: Biden’s new mission: Heading off any possibility of a nuclear crisis with Russia.
The Washington Post: Over 1,300 arrests reported as Russians protest military mobilization.
Analysis by Brad Lendon at CNN: Putin can call up all the troops he wants, but Russia can’t train or support them.
AP News: At least 9 killed as Iran protests spread over woman’s death.
NBC News: Enthusiasm for upcoming midterms is at all-time high, NBC News poll shows.
The New York Times: Trump Support Remains Unmoved by Investigations, Poll Finds.
Miami Herald: Operatives linked to DeSantis promised to fly migrants to Delaware — but left them stranded.
NBC News: House passes bill to prevent stolen elections, despite strong GOP opposition.
Ashton Pittman at the Mississippi Free Press on the Brett Favre scandal: Ex-Mississippi Welfare Leader Pleads Guilty To Federal, State Crimes In Exchange For Cooperation.
NBC News: Hurricane Fiona intensifies to Category 4 as Puerto Rico contends with aftermath.
Have a tremendous Thursday, Sky Dancers!!
Lazy Caturday Reads
Posted: September 17, 2022 Filed under: cat art, caturday, Criminal Justice System, Donald Trump, U.S. Politics | Tags: Department of Justice, Jeffrey Clark, Judge Aileen Cannon, Mark Meadows, Patrick Philbin 15 Comments
Cats by a fishbowl, Horatio Henry Couldery
Happy Caturday!!
Late last night the Department of Justice appealed Judge Loose Cannon’s ruling in the battle over the classified documents that Trump stole on his way out of the White House.
Ryan J. Reilly at NBC News: Justice Department asks appeals court to block Trump judge’s Mar-a-Lago ruling.
The Department of Justice is asking a federal appeals court to temporarily block a Trump-appointed judge’s ruling that prevents it from accessing hundreds of pages of classified records seized amid the thousands of pages of government documents taken from the former president’s Mar-a-Lago home.
“The district court has entered an unprecedented order enjoining the Executive Branch’s use of its own highly classified records in a criminal investigation with direct implications for national security,” the Justice Department wrote in its motion Friday.
The Justice Department hadpreviously argued that any delay in its investigation into Donald Trump’s handling and retention of government records, including classified records, could result in “irreparable harm” to the government and the public….
The Justice Department on Friday argued that any considerations of claims for return of property or attorney-client and executive privilege were “categorically inapplicable to the records bearing classification markings.”
“Plaintiff has no claim for the return of those records, which belong to the government and were seized in a court-authorized search,” the Justice Department wrote.
Although Trump previously suggested he had declassified or designated documents seized from his home as “personal,” the Justice Department said he “has never represented that he in fact took either of those steps — much less supported such a representation with competent evidence. The court erred in granting extraordinary relief based on unsubstantiated possibilities.”
The Justice Department also argued that its request for a limited stay wouldn’t disrupt the special master’s review of other materials and “irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to Plaintiff’s counsel.”
Cat in the Summer Meadow, by Bruno Liljefors
More from Josh Gerstein and Kyle Cheney at Politico: Justice Dept. asks appeals court to restore access to Trump raid documents.
In a filing with the 11th Circuit Court of Appeals in Atlanta Friday night, prosecutors said the government is facing irreparable harm as a result of U.S. District Court Judge Aileen Cannon’s ruling putting the potentially classified records off-limits to the investigative team until an outside expert conducts a review of them and considers Trump’s objections to their seizure.
The Justice Department’s widely expected escalation of the legal fight came one day after the Trump-appointed judge rebuffed prosecutors’ request for a stay that would essentially carve out the national security-related records — some bearing markings such as “Top Secret/SCI” — from the outside oversight Trump’s legal team requested.
The filing was an unsparing rejection of Cannon’s handling of the entire matter, saying it has jeopardized national security, is based on flimsy or baseless interpretations of executive privilege and could enable further obstruction of efforts to recover additional missing documents.
“The government’s need to proceed apace is heightened where, as here, it has reason to believe that obstructive acts may impede its investigation,” prosecutors wrote….
The inability of federal prosecutors to advance their criminal probe has complicated separate efforts by the intelligence community to assess the harm that may have been caused by their improper storage in Trump’s unsecured storage room, prosecutors say, contending that the criminal investigation is inextricably tied to the national security review.
And prosecutors suggested that the restrictions on the FBI’s criminal work would prevent investigators from determining what may have once resided in dozens of empty folders, also bearing classification marks, found among Trump’s belongings.
“The injunction also appears to bar the FBI and DOJ from further reviewing the records to discern any patterns in the types of records that were retained, which could lead to identification of other records still missing,” prosecutors indicated in the filing.
This is from a column by Harry Litman at The Los Angeles Times: The Mar-a-Lago judge’s latest opinion is as atrocious as legal experts say it is.
The opinion’s essential flaws go well beyond straining the law and stretching facts in favor of Donald Trump. The ruling rests on the most basic dereliction of judicial responsibility, and it represents a complete departure from the bedrock principle of separation of powers.
Cannon was actually handed a graceful way back from her also broadly pilloried opinion last week, in which she had determined that a special master was required to review the government documents seized at Mar-a-Lago.
The Justice Department asked for a modest stay extending to only 100 pages of classified material found at the beach resort. It is beyond controversy that such documents are off-limits to a private citizen like the former president.
Trump’s lawyers did not try to contest that principle. Rather they argued, bizarrely, that just because the government said the documents were classified, it wasn’t necessarily so.
That, of course, is spectacular gibberish. The very meaning of classified documents is that the executive branch has made a determination about their content and marked them classified.
But Cannon adopted Trump’s Alice-in-Wonderland approach. She concluded that it would not be “appropriate” — the closest thing to legal reasoning in her opinion — “to accept the government’s conclusion on these important and disputed issues without further review by a neutral third-party,” that is, a special master.
Cannon, in essence, is redefining the classification process to be simply a provisional executive branch judgment subject to overruling by individual judges such as herself. Apart from its legal bankruptcy, such a process would wreak bedlam in matters of national intelligence, which turn on the very designations that Cannon set aside.
More crazy from Judge Loose Cannon:
The Trump team’s next gambit, which the judge also adopted, was even more logically and legally threadbare. The former president has argued repeatedly in public that he declassified the documents. But his attorneys have studiously avoided saying that in court papers, where lies are subject to professional and criminal penalties. The Trump filings indicate only that he perhaps had declassified the documents.
The appropriate response for a judge in these circumstances is to put Trump on the stand and ask him, “Did you or didn’t you?” Failing that, “perhaps” means the matter is not established and the argument loses.
But Cannon either does not know or does not care what judges do in such a situation. It is important to emphasize that she isn’t simply leaning in Trump’s direction, she’s falling all over him.
Judges sit to resolve disputes, on the basis of evidence. Trump’s team offered none for his positions, relying instead on only the most speculative arguments. It is elementary to the adversary system of justice that evidence and the law, not speculation, determine outcomes. Nothing in the Trump team’s filings justifies freezing a criminal justice investigation and national intelligence review in their tracks.
The DOJ has appealed and now we’ll have to wait and see what the 11th Circuit judges have to say.
There were a couple of new revelations yesterday about people close to Trump and the stolen government documents.
The Washington Post: Trump team claimed boxes at Mar-a-Lago were only news clippings.
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