Thursday Reads: Drip, Drip, Drip

The Balcony in Vernonnet, 1920, Pierre Bonnard

Good Morning!!

The evidence against Trump keeps coming out bit by bit. Yesterday was a big day for news about the stolen documents case. CNN first broke the news that Trump was caught on tape discussing a classified document that he retained after leaving the White House. Then The New York Times, The Guardian, and The Washington Post added more information to the story.

CNN: EXCLUSIVE: Trump captured on tape talking about classified document he kept after leaving the White House.

Federal prosecutors have obtained an audio recording of a summer 2021 meeting in which former President Donald Trump acknowledges he held onto a classified Pentagon document about a potential attack on Iran, multiple sources told CNN, undercutting his argument that he declassified everything.

The recording indicates Trump understood he retained classified material after leaving the White House, according to multiple sources familiar with the investigation. On the recording, Trump’s comments suggest he would like to share the information but he’s aware of limitations on his ability post-presidency to declassify records, two of the sources said….

Special counsel Jack Smith, who is leading the Justice Department investigation into Trump, has focused on the meeting as part of the criminal investigation into Trump’s handling of national security secrets. Sources describe the recording as an “important” piece of evidence in a possible case against Trump, who has repeatedly asserted he could retain presidential records and “automatically” declassify documents.

Prosecutors have asked witnesses about the recording and the document before a federal grand jury. The episode has generated enough interest for investigators to have questioned Gen. Mark Milley, one of the highest-ranking Trump-era national security officials, about the incident.

Ramo de gladiolos, lirios y margaritas (1878), Claude Monet

It’s interesting and significant that the meeting at which Trump talked about the document was at his Bedminster golf club in New Jersey. The incident took place at a meeting with two ghost writers who were working on Mark Meadows’ autobiography. Other attendees were “communications specialist” Margo Martin, and other Trump aides. It appears that Martin may be the source of the recording.

Back to the CNN story:

Meadows’ autobiography includes an account of what appears to be the same meeting, during which Trump “recalls a four-page report typed up by (Trump’s former chairman of the Joint Chiefs of Staff) Mark Milley himself. It contained the general’s own plan to attack Iran, deploying massive numbers of troops, something he urged President Trump to do more than once during his presidency.”

The document Trump references was not produced by Milley, CNN was told….

The meeting in which Trump discussed the Iran document with others happened 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. The story infuriated Trump.

Glasser reported that in the months following the election, Milley repeatedly argued against striking Iran and was concerned Trump “might set in motion a full-scale conflict that was not justified.” Milley and others talked Trump out of taking such a drastic action, according to the New Yorker story.

Glasser reported that in the months following the election, Milley repeatedly argued against striking Iran and was concerned Trump “might set in motion a full-scale conflict that was not justified.” Milley and others talked Trump out of taking such a drastic action, according to the New Yorker story.

Trump appeared to be holding the secret document he was describing because the recording picked up the “sound of paper rustling.” Even if he didn’t show it to the others, he never should have had the document in an unsecured meeting room with people without security clearances.

Some observers were wondering if Trump could be charged with espionage if this recording is “top secret,” because then it might not be able to be used in court. But Hugh Lowell reports at The Guardian that it is only classified as  “secret”: Trump regretted not declassifying retained military document in recording.

The document at issue is understood to be classified as “secret” – significant as the justice department typically prefers to charge espionage cases involving retention of materials at that level, rather than “top secret” papers that might be too sensitive or “confidential” papers that are too low.

The recording was made at Trump’s Bedminster golf club in July 2021, when the former president met with people helping his former chief of staff Mark Meadows write a book, by his aide Margo Martin who regularly taped conversations with authors to ensure they accurately recounted his remarks.

Apple Tree In Blossom, 1898c, Carl Larsson (Swedish 1853-1919

For several minutes of the audio recording, the sources said, Trump talks about how he cannot discuss the document because he no longer possesses the sweeping presidential power to declassify now out of office, but suggests that he should have done so when he was still in the White House.

But the previously unreported suggestion that he should have declassified the document presents a potentially perilous moment, as it indicates Trump knew that he had retained material which remained sensitive to national security – as well as the limitations on discussing it with unauthorized people. CNN earlier reported that prosecutors had the recording.

Prosecutors in the office of special counsel Jack Smith appear to have obtained the recording around March, as the criminal investigation targeting Trump intensified and numerous Trump aides were subpoenaed to testify before the federal grand jury hearing evidence in the case in Washington.

The tape was played to multiple witnesses, including Martin, when she testified in mid-March after having her laptop and phones imaged by prosecutors, the sources said. The first time the Trump lawyers learned about the tape was after Martin testified, one of the sources said.

As I suggested earlier, it appears that Martin’s laptop was the source of the recording. The New York Times also reported that Martin attended the meeting and doesn’t quite claim she is the source, but it seems pretty likely, since prosecutors had her laptop. A bit more from The New York Times story:

Bouquet de Mimosa sur la Table　1938, Édouard Vuillard

In an interview with CNN on Wednesday night, James Trusty, a lawyer representing Mr. Trump in the case, indicated that the former president was taking the position that he had declassified the material he took with him upon leaving office.

“When he left for Mar-a-Lago with boxes of documents that other people packed for him that he brought, he was the commander in chief,” Mr. Trusty said. “There is no doubt that he has the constitutional authority as commander in chief to declassify.”

Mr. Trusty said officials could prove that Mr. Trump had declassified material. But when pressed on whether Mr. Trump had declassified the document in question at the Bedminster meeting, Mr. Trusty declined to say.

That’s pretty weak.

Here’s The Washington Post story, which you can read if you’re interested. It’s mostly a recap of the other reports and background on the investigation: Prosecutors have recording of Trump discussing sensitive Iran document.

One more Trump stolen document investigation story from The New York Times: Prosecutors Scrutinize Handling of Security Footage by Trump Aides in Documents Case.

For the past six months, prosecutors working for the special counsel Jack Smith have sought to determine whether former President Donald J. Trump obstructed the government’s efforts to retrieve a trove of classified documents he took from the White House.

More recently, investigators also appear to be pursuing a related question: whether Mr. Trump and some of his aides sought to interfere with the government’s attempt to obtain security camera footage from Mar-a-Lago that could shed light on how those documents were stored and who had access to them.

The search for answers on this second issue has taken investigators deep into the bowels of Mar-a-Lago, Mr. Trump’s private club and residence in Florida, as they pose questions to an expanding cast of low-level workers at the compound, according to people familiar with the matter. Some of the workers played a role in either securing boxes of material in a storage room at Mar-a-Lago or maintaining video footage from a security camera that was mounted outside the room.

Two weeks ago, the latest of these employees, an information technology worker named Yuscil Taveras, appeared before a grand jury in Washington, according to two people familiar with the matter.

So now we know the name of the aide who helped Walt Nauta move the boxes around.

Mr. Taveras was asked questions about his dealings with two other Trump employees: Walt Nauta, a longtime aide to Mr. Trump who served as one of his valets in the White House, and Carlos Deoliveira, described by one person familiar with the events as the head of maintenance at Mar-a-Lago.

Phone records show that Mr. Deoliveira called Mr. Taveras last summer, and prosecutors wanted to know why. The call caught the government’s attention because it was placed shortly after prosecutors issued a subpoena to Mr. Trump’s company, the Trump Organization, demanding the footage from the surveillance camera near the storage room.

The call also occurred just weeks after Mr. Deoliveira helped Mr. Nauta move boxes of documents into the storage room — the same room that Mr. Deoliveira at one point fitted with a lock. The movement of the boxes into the room took place at another key moment: on the day before prosecutors descended on Mar-a-Lago for a meeting with Mr. Trump’s lawyers intended to get him to comply with a demand to return all classified documents.

The Trump Organization ultimately turned over the surveillance tapes, but Mr. Smith’s prosecutors appear to be scrutinizing whether someone in Mr. Trump’s orbit tried to limit the amount of footage produced to the government.

They asked Mr. Taveras an open-ended question about if anyone had queried him about whether footage from the surveillance system could be deleted.

The Times doesn’t know what Taveras told the grand jury. Read more at the link.

Today, Hugo Lowell has another story at The Guardian on the turmoil among Trump’s many lawyers: Months of distrust inside Trump legal team led to top lawyer’s departure. And get this: Lowell learned all this because he was sitting at the next table in a restaurant.

Donald Trump’s legal team for months has weathered deep distrust and interpersonal conflict that could undermine its defense of the former president as the criminal investigation into his handling of classified documents and obstruction of justice at Mar-a-Lago nears its conclusion.

The turmoil inside the legal team only exploded into public view when one of the top lawyers, Tim Parlatore, abruptly resigned two weeks’ ago from the representation citing irreconcilable differences with Trump’s senior adviser and in-house counsel Boris Epshteyn.

But the departure of Parlatore was the culmination of months of simmering tensions that continue to threaten the effectiveness of the legal team at a crucial time – as federal prosecutors weigh criminal charges – in part because the interpersonal conflicts remain largely unresolved.

It also comes as multiple Trump lawyers are embroiled in numerous criminal investigations targeting the former president: Epshteyn was recently interviewed by the special counsel, while Parlatore and Trump lawyer Evan Corcoran testified to the grand jury in the classified documents inquiry.

The turmoil has revolved around hostility among the lawyers on the legal team who have come to distrust each other as well as their hostility directed at Epshteyn, over what they regard as his oversight of the legal work and gatekeeping direct access to the former president.

In one instance, the clashes became so acute that some of the lawyers agreed to a so-called “murder-suicide” pact where if Parlatore got fired, others would resign in solidarity. And as some of the lawyers tried to exclude Epshteyn, they withheld information from co-counsel who they suspected might brief him.

Read all the details at The Guardian link.

So . . . that’s the latest on just one of the Trump investigations. Will we learn more today? Drip, drip, drip.