Thursday Reads: Drip, Drip, Drip

The Balcony in Vernonnet, 1920, Pierre Bonnard

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

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

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

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.

Girl in a Garden, Henri LebasqueSo 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.


Thursday Reads

Good Afternoon!!

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

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

 

DeSantis and Abbott Use Migrants in Despicable Stunts

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

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

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

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

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

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

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

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

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

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

The unannounced flight drew anger from Massachusetts officials.

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

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

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

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

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

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

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

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

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

This story is still developing.

Multiple Trump Investigations

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

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

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

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

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

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

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

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

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

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

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Letitia James

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Judge Loose Cannon

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

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

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

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

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Judge Aileen Cannon

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

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

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

Justice Elena Kagan Speaks

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

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

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

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

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

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

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

Revelations from New Book by Peter Baker and Susan Glasser

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

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

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

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

Read more at the NYT.

Links to revelations from the book:

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

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

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

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

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