“I think I agree with this,” attorney John Eastman replied later that morning, suggesting that a favorable move by Thomas or other justices would “kick the Georgia legislature into gear” to help overturn the election results.
Lazy Caturday Reads: The Indictments
Posted: June 10, 2023 Filed under: cat art, caturday, Donald Trump | Tags: Civil War, DOJ, Indictments of Trump and Nauta, MAGA crazies, national security, Special Counsel Jack Smith, Walt Nauta 16 CommentsHappy Caturday!!
Greek Kitties, by Timothy Adam Matthews
Honestly, I don’t even know where to begin today. What is happening in U.S. politics right now is beyond anything we have ever experienced as a country, with the exception of the Civil War.
A former president of the U.S. tried to overthrow his own government in order to prevent a transition to a new president after he lost an election. He incited an attempted coup; and when that failed, he tried to overthrow the results of presidential votes in several states.
Finally, when all that failed to keep him in office, he stole hundreds of government documents and stored them in his private club in locations in which all kinds of people could have access to them. He displayed some of the documents to people without clearance to see them and, for all we know, could have given classified information to other countries.
It’s simply breathtaking.
Now the former president has been indicted for serious crimes, and his political party is still supporting him and vowing revenge on our most important institutions. Could it get any worse? The answer is yes, of course it could. He could end up winning his party’s 2024 nomination and being elected president again, even if he is in prison by that time.
So that’s where we stand right now. I’ll share some reads, but there is no way I have the time or space to include everything that’s out there.
First, here is a pdf of the indictment, if you’d like to read it. And here is an annotated version by Charlie Savage at the New York Times: The Trump Classified Documents Indictment, Annotated.
I think this description of the situation we are in by Tom Nichols at The Atlantic is very good. I could only read it in my email, because I’m not a subscriber. The title: Trump’s Indictment Reveals a National-Security Nightmare.
The charges—38 of them—are a big deal. And before the GOP gaslighting reaches supernova levels, let’s also bear in mind that what Trump actually did is a big deal too. He claimed that he declassified, by fiat, boxes of classified information, and then appears to have left all of that material sitting in ballrooms, bedrooms, and bathrooms. To this day, he insists that he had every right to do whatever he wanted with America’s secrets. Fortunately, the court has unsealed the indictment, because Americans need to know, and care, about the magnitude of Trump’s alleged offenses.
To understand the severity of the charges against Trump, consider a thought experiment: Imagine that Vladimir Putin is one day driven from the Kremlin, perhaps in a coup or in the face of a popular revolt. He jumps into his limousine and heads for self-imposed exile in a remote dacha. His trunk is full of secret documents that he decided belong to him, including details of the Russian nuclear deterrent and Russia’s military weaknesses.
Now imagine how valuable those boxes would be to any intelligence organization in the world. I spent the early years of my career analyzing Soviet and Russian documents as an academic Sovietologist, and I would have loved to see such materials. Small, seemingly trivial details—something as innocuous as a desk calendar or a notepad—might not mean much to a layperson, but to a professional, they could be pure gold. To get even a peek at such Russian materials would be an intelligence triumph.
By Timothy Adams Matthews
But of course, I would never have been able to lay my hands on them, because a cache of such immense importance, if U.S. operatives spirited any of it out of Russia, would have been secured in a vault somewhere deep in the CIA. Trump, meanwhile, left highly sensitive American documents lying around at a golf resort like practice balls on the driving range. According to the indictment:
“The Mar-a-Lago Club was an active social club, which, between January 2021 and August 2022, hosted events for tens of thousands of members and guests. After TRUMP’s presidency, The Mar-a-Lago Club was not an authorized location for the storage, possession, review, display, or discussion of classified documents. Nevertheless, TRUMP stored his boxes containing classified documents in various locations at The Mar-a-Lago Club—including in a ballroom, a bathroom and shower, an office space, his bedroom, and a storage room.”
Actually, it might be harder to steal practice balls. “The Storage Room,” the indictment notes, “was near the liquor supply closet, linen room, lock shop, and various other rooms.” These are not exactly low-traffic areas. Worse yet, the indictment asserts that Trump had some of these documents at his club in New Jersey, where he showed files to people who had no business seeing them. (One of them, according to the indictment, was something Trump claimed was a plan of attack on a foreign country prepared for him by the Department of Defense and a senior military official.)
If you can access The Atlantic website, you can read more, but I think that is a good summary of the seriousness of what this country is facing.
Here are a some long reads that address various aspects of the Trump indictment and it’s possible effects on U.S. politics and national security.
For more details on the national security situation, read this piece at Just Security: National Security Implications of Trump’s Indictment: A Damage Assessment.
At The Washington Post, Rachael Weiner writes about the specific charges: Here are the 37 charges against Trump and what they mean.
One of my least favorite New York Times writers, Peter Baker, evaluates what the indictment means for President Biden and the U.S. justice system: Trump’s Case Puts the Justice System on Trial, in a Test of Public Credibility. Why am I not surprised that this is what Baker chose to write about? Still, it’s worth considering.
More helpful reads, with excerpts:
John Gerstein at Politico: The startling, damning details in the Trump indictment.
Classified documents found in a shower. A clumsy effort to move boxes and hide them from the FBI. A damaging admission, caught on tape. And Donald Trump’s own public statements, used against him.
Those are some of the details in the indictment charging Trump and a longtime aide with an extraordinary scheme to hoard national secrets that Trump took to his Mar-a-Lago estate after leaving the White House.
Here are some of the most notable revelations.
By Timothy Adam Matthews
Showing off military plans
On at least two occasions after leaving office, Trump displayed classified documents to others visiting him at his golf club in Bedminster, New Jersey, the indictment alleges. In July 2021, Trump showed a writer, a publisher and two staff members a “plan of attack” that he said had been prepared for him by the U.S. military, the charges say. The audio-recorded meeting reportedly involved a document that Joint Chiefs of Staff Chairman Mark Milley drafted about Iran.
Trump allegedly made a potentially damning admission at that session, saying he could have declassified the document while he was president but “now I can’t.”
A longtime aide turned co-conspirator
Trump isn’t the only person facing criminal charges over the classified documents fiasco: His longtime aide and “body man,” Walt Nauta, was also hit with six felony counts including obstruction of justice and making false statements to the FBI. The indictment says Trump instructed Nauta to move boxes containing classified documents in order to conceal them from both Trump’s own lawyers and the FBI.
Prosecutors accused Nauta of lying months ago and pressured him to cooperate in the investigation, a source familiar with the situation told POLITICO, but the charges unsealed Friday indicate that he and prosecutors didn’t come to terms on a deal – at least not yet.
Classified docs in a bathroom
The indictment says that Mar-a-Lago was a particularly vulnerable location for the classified documents because it’s “an active social club [that] hosted events for tens of thousands of members and guests” – a far cry from the closely guarded “sensitive compartmented information facility,” or SCIF, that is typically used to store the most sensitive national security secrets.
Trump has railed at the FBI for spreading classified documents across the floor of a closet during a search of Mar-a-Lago last August. But prosecutors say Trump’s own storage of the documents was just as sloppy. The indictment says some of the classified records at Mar-a-Lago were stored in “a ballroom, a bathroom and shower [and] his bedroom.”
Spilling secrets, literally
Other details from the indictment emphasize the haphazard nature with which sensitive government documents were strewn around the estate. The indictment alleges that, on at least one occasion in December 2021, boxes containing a mix of classified and unclassified records “spilled onto the floor” of a storage room. Helpfully for prosecutors, Nauta allegedly texted a photo of the scene to another Trump aide.
One of the documents, classified “Secret” and marked for release only to U.S. officials and close allies, discussed “military capabilities of a foreign country,” the indictment says.
More at the link
The Daily Beast: Photographic Proof: Feds Found Boxes of Classified Docs All Over Mar-a-Lago.
The 37-count indictment accusing Donald Trump of illegally hoarding classified documents used a wealth of surveillance footage, private conversations, employees’ text messages, audio-taped meetings, and witness statements to make a damning case.
But the 44-page document also included a half-dozen images of the documents themselves, stacked in boxes next to a toilet, spilling out onto the floor of a storage room, and piled up in rows on the stage of a ballroom at Trump’s resort in South Florida….
In one exchange outlined in the indictment and backed up with a photograph, Trump employees discussed moving some of Trump’s boxes of documents out of a Mar-a-Lago business center and into a bathroom instead so staff could use the business center as an office.
“Woah!! Ok so potus specifically asked Walt for those boxes to be in the business center because they are his ‘papers,’” one Trump employee texted to another, referencing Walt Nauta.
The two employees then went back and forth discussing what they could move to storage. “There is still a little room in the shower where his other stuff is,” one employee texted. “Is it only his papers he cares about? Theres some other stuff in there that are not papers. Could that go to storage? Or does he want everything in there on property.”
“Yes,” the second employee responds. “Anything that’s not the beautiful mind paper boxes can definitely go to storage.”
In another instance in May 2021, Trump told staff to move some of his boxes to a storage room, the indictment says. Images show the boxes stacked up in the storage room as well as a hallway leading to the room that prosecutors say could easily be reached from Mar-a-Lago’s pool patio. The storage room was right next to a liquor supply closet and a linen room.
In December 2021, Trump’s personal aide, Walt Nauta, found that some of those 80 boxes had fallen over and their contents spilled out on the floor.
Among the papers scattered around the storage room were, according to the indictment, a document marked “SECRET//REL TO USA//FVEY” which denoted information releasable only to the Five Eyes intelligence alliance of the U.S., the U.K., Australia, Canada and New Zealand.
You might want to read what Marcy Wheeler of Emptywheel has to say about the indictment: The Mar-a-Lago Indictment is a Tactical Nuke.
I’ve become convinced that what I will call the Mar-a-Lago indictment — because I doubt this will be the only stolen documents one — is a tactical nuke: A massive tool, but simply a tactical one.
As I’ve laid out, it charges 31 counts of Espionage Act violations, each carrying a 10-year sentence and most sure to get enhancements for how sensitive the stolen documents are, as well as seven obstruction-related charges, four of which carry 20-year sentences. The obstruction-related charges would group at sentencing (meaning they’d really carry 20 year sentence total), but Espionage Act charges often don’t and could draw consecutive sentences: meaning Trump could be facing a max sentence of 330 years. Walt Nauta is really facing 20 years max — though probably around three or four years.
New York Kitty, by Timothy Adam Matthews
Obviously, Trump won’t serve a 330 year sentence, not least because Trump is mortal, already 76, and has eaten far too many burgers in his life.
For his part, Nauta should look on the bright side! He has not, yet, been charged with 18 USC 793(g), conspiring with Trump to hoard all those classified documents, though the overt acts in count 32, the conspiracy to obstruct count, would certainly fulfill the elements of offense of a conspiracy to hoard classified documents. If Nauta were to be charged under 793(g), he too would be facing a veritable life sentence, all for helping his boss steal the nation’s secrets. And for Nauta, who is in his 40s and healthy enough to lug dozens of boxes around Trump’s beach resort, that life sentence would last a lot longer than it would for Trump.
And that’s something to help understand how this is tactical.
I first started thinking that might be true when I saw Jack Smith’s statement.
He emphasized:
- A grand jury in Florida voted out the indictment
- The gravity of the crimes
- The talent and ethics of his prosecutors
- That Trump and Walt Nauta are presumed innocent
- He will seek a Speedy Trial
- A Florida jury will hear this case
- The dedication of FBI Agents
He packed a lot in fewer than three minutes, but the thing that surprised me was his promise for a Speedy Trial. He effectively said he wants to try this case, charging 31 counts of the Espionage Act, within 70 days.
That means the trial would start around August 20, and last — per one of the filings in the docket — 21 days, through mid-September. While all the other GOP candidates were on a debate stage, Trump would be in South Florida, watching as his closest aides described how he venally refused to give boxes and boxes of the nation’s secrets back.
There’s not a chance in hell that will happen, certainly not for Trump. Even if Trump already had at least three cleared attorneys with experience defending Espionage Act cases, that wouldn’t happen, because the CIPA process for this case, the fight over what classified evidence would be available and how it would be presented at trial, would last at least six months. And as of yesterday, he has just one lawyer on this case, Todd Blanche, who is also defending Trump in the New York State case.
There’s much more to read and think about at the link. Her main point seems to be that Smith wants to convince Walt Nauta to testify against Trump.
The New York Times’ Maggie Haberman: Who Is Walt Nauta, the Other Person Indicted Along With Trump?
Walt Nauta, the only other person indicted along with former President Donald J. Trump, has been serving as his personal aide after previously working for him in the White House.
A native of Guam, Mr. Nauta enlisted in the military at some point and was a military aide working as a White House valet while Mr. Trump was president.
The valets in the White House have unusual proximity to the commander in chief, encountering them at moments of vulnerability, including at meals and on foreign trips.
Mr. Trump and Mr. Nauta forged a bond during the Trump administration, and when the term ended, Mr. Nauta retired and went to go work for Mr. Trump personally.
A Closer Look, by Timothy Adam Matthews
He was one of the very few members of Mr. Trump’s post-presidential office when Mr. Trump first returned to private life at his club, Mar-a-Lago, in Palm Beach, Fla. There, Mr. Nauta resumed the kind of personal chores that he had helped Mr. Trump with while he was president.
Mr. Nauta has been seen as deeply loyal to Mr. Trump by other aides.
But he attracted the attention of the government for his appearance on security camera footage from the club, which was subpoenaed by prosecutors, moving boxes in and out of a basement storage room after a grand jury subpoena.
In interviews with government officials, according to the indictment, he gave false testimony about whether he had moved boxes to Mr. Trump’s residence earlier in the year. In reality, according to the indictment, Mr. Nauta brought several boxes to Mr. Trump’s residence from the storage room at a time when National Archives officials were seeking the return of presidential material, but he told investigators he didn’t.
Read the rest at the NYT.
As I’m sure you know, Republicans in the House are vociferously defending Trump. For example:
Former President Donald Trump’s indictment on charges of mishandling classified documents is set to play out in a federal court in Florida. But hundreds of miles away, part of Trump’s defense is well underway in a different venue — the halls of Congress, where Republicans have been preparing for months to wage an aggressive counter-offensive against the Justice Department.
The federal indictment against Trump, unsealed Friday, includes 37 counts, including allegations that the former president intentionally possessed classified documents, showed them off to visitors, willfully defied Justice Department demands to return them and made false statements to federal authorities about them. The evidence details Trump’s own words and actions as recounted by lawyers, close aides and other witnesses.
The Republican campaign to discredit federal prosecutors skims over the substance of those charges, which were brought by a grand jury in Florida. GOP lawmakers are instead working, as they have for several years, to foster a broader argument that law enforcement — and President Joe Biden — are conspiring against the former president and possible Republican nominee for president in 2024.
“Today is indeed a dark day for the United States of America,” tweeted House Speaker Kevin McCarthy, soon after Trump said on his social media platform Thursday night that an indictment was coming. McCarthy blamed Biden, who has declined to comment on the case and said he is not at all involved in the Justice Department’s decisions.
Republicans “will hold this brazen weaponization of power accountable.”
Republican lawmakers in the House have already laid extensive groundwork for the effort to defend Trump since taking the majority in January. A near constant string of hearings featuring former FBI agents, Twitter executives and federal officials have sought to paint the narrative of a corrupt government using its powers against Trump and the right. A GOP-led House subcommittee on the “weaponization” of government is probing the Justice Department and other government agencies, while at the same time Republicans are investigating Biden’s son Hunter Biden.
“It’s a sad day for America,” Senate Judiciary Committee Chairman Jim Jordan of Ohio, a leading Trump defender and ally in the House, said in a statement on Thursday evening. “God bless President Trump.”
And of course, the MAGA crazies are calling for civil war.
Tim Dickenson at Rolling Stone: Trump Extremists Demand Civil War, Mass Murder After New Indictment.
EXTREME SUPPORTERS OF Donald Trump have met news of his federal indictment with visions of violence and retribution.
At The Donald, a forum for ultra-MAGA Trump supporters, users demanded public executions and other forms of lynching to avenge the federal prosecution of Trump, for the alleged mishandling of state secrets at Mar a Lago after he was no longer president.
By Timothy Adam Matthews
The calls for violence appeared in comment threads, responding to posts on the front page of the forum Thursday night, after news broke of Trump’s latest legal troubles. The most extreme comments were written in response to a fanciful post insisting “the only solution” to DOJ’s efforts to lock up Trump would be to vote him back into the presidency, so Trump could “pardon himself and begin arresting those guilty of insurrection and sedition.”
A user named “Belac186” offered a far deadlier fix: “The only way this country ever becomes anything like the Constitution says this country should be is if thousands of traitorous rats are publicly executed.” Commenter “DogFaceKilla” quickly chimed in to offer supplies: “I got some rope somewhere in the garage…” And “Heavy_Metal_Patriot” added: “Hans says we can borrow the flammenwerfer” — a reference to a battlefield flame thrower used to by German soldiers in World War II.
The proposal for mass killing struck user “BlackPilledMAGA” as going too far: “Doesn’t have to be thousands, just a few dozen would do. Shit would STOP immediately.” But user “Nerdrem1” insisted taking out a few elites wouldn’t make the difference, suggesting the number of dead required was on a genocidal scale: “Millions. The real problem is the people that vote for them, as long as they exist the problem can’t be solved.” A user named “Heavy_Metal_Patriot” concurred: “Correct.”
It might be tempting to dismiss these calls for mass murder as loose talk among angry MAGAdonians. Yet there is dark history here. In a previous iteration, The Donald was used to help plot and promote the violence at the Capitol in 2021, as detailed in the final report of the House Jan. 6 Committee, including by users who “openly discussed surrounding and occupying the U.S. Capitol.”
More insanity at the link.
Daniel Gilbert at Vice: ‘We Need to Start Killing’: Trump’s Far-Right Supporters Are Threatening Civil War.
In what is becoming a now all-too-familiar trend, former President Donald Trump’s far-right supporters have threatened civil war after news broke Thursday that the former president was indicted for allegedly taking classified documents from the White House without permission.
“We need to start killing these traitorous fuckstains,” wrote one Trump supporter on The Donald, a rabidly pro-Trump message board that played a key role in planning the January 6 attack on the Capitol. Another user added: “It’s not gonna stop until bodies start stacking up. We are not civilly represented anymore and they’ll come for us next. Some of us, they already have.” [….]
Trump supporters are making specific threats too. In one post on The Donald titled, “A little bit about Merrick Garland, his wife, his daughters,” a user shared a link to an article about the attorney general’s children.
Under the post, another user replied: “His children are fair game as far as I’m concerned.”
In a post about the special counsel conducting the probe, one user on The Donald wrote: “Jack Smith should be arrested the minute he steps foot in the red state of Florida.”
In addition to threats of violence against lawmakers and politicians, many were also calling for a civil war.
“Perhaps it’s time for that Civil War that the damn DemoKKKrats have been trying to start for years now,” a member of The Donald wrote. Another, referencing former President Barack Obama and former secretary of State Hillary Clinton, said: “FACT: OUR FOREFATHERS WOULD HAVE HUNG THESE TWO FOR TREASON…”
More crazy at the link.
That’s just a sampling of what’s out there in the media today. What do you think? What stories have caught your attention?
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: Drip, Drip, Drip
Posted: June 1, 2023 Filed under: Donald Trump, just because | Tags: Carlos Deoliveira, iran, James Trusty, Mar-a-Lago security footage, Margo Martin, Mark Meadows, Mark Milley, Special Counsel Jack Smith, stolen documents case, Susan Glasser, Tim Parlatore, Walt Nauta, Yuscil Taveras 43 Comments
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.
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.
Thursday Reads: A Reckoning is Coming for Trump
Posted: November 3, 2022 Filed under: 2021 Insurrection, Afternoon Reads, Donald Trump | Tags: Clarence Thomas, Department of Justice, executive privilege, January 6 investigation, John Eastman, Kash Patel, Kenneth Chesebro, Mar-a-Lago documents investigation, Merrick Garland, use immunity, Walt Nauta 16 CommentsGood Afternoon!!
It’s really happening, folks. Last night we got another sign that Merrick Garland’s DOJ is likely to indict Donald Trump. The news broke around 9PM Wednesday in The Wall Street Journal that Trump insider Kash Patel has been given limited use immunity and will now have to testify to the grand jury in the stolen documents case. This means he won’t be prosecuted for anything he testifies to truthfully, but he can be prosecuted if he lies.
Lawrence Tribe predicted this last month when The New York Times published a story about the DOJ trying to get testimony from Patel and another Trump aide Walt Nauta, who was involved in moving boxes of documents out of the storage area at Mar-a-Lago.
Here’s the Wall Street Journal article from last night: Trump Aide, Granted Immunity, Set to Testify at Grand Jury Probing Mar-a-Lago Documents.
Kash Patel, a close associate of former President Donald Trump, is set to soon testify before a federal grand jury probing the handling of classified documents at Mar-a-Lago after receiving immunity for his information, people familiar with the matter said.
A federal judge recently decided the Justice Department couldn’t force Mr. Patel to testify without such protection against his statements being used against him in some future prosecution. That ruling, the people said, opens the door for Mr. Patel, who says Mr. Trump broadly declassified White House documents while still president, to answer questions.
Mr. Patel appeared before the grand jury last month and refused to provide information by repeatedly invoking his Fifth Amendment right against self-incrimination, The Wall Street Journal reported.
Kash Patel
In response, the Justice Department asked a federal judge to compel him to testify. Prosecutors argued Mr. Patel had no reasonable expectation that he would be prosecuted based on the kinds of questions they were asking, one of the people said, an argument the judge didn’t accept.
The immunity grant leaves the government only able to charge Mr. Patel, if at all, using information obtained independently of his immunized testimony.
That’s because Patel is just a small fish, and the DOJ is going after a much bigger fish–Trump himself.
Other Trump associates involved in the Mar-a-Lago documents matter also have been offered some form of immunity, people familiar with the matter said, including one of Mr. Trump’s lawyers, Christina Bobb, who declined, saying she didn’t need it.
Mr. Patel, a former White House and Pentagon aide whom Mr. Trump late in his term considered naming to top positions at the Central Intelligence Agency and the FBI, has asserted publicly since May that Mr. Trump broadly declassified documents when he left the White House in January 2021. His comments first came as the Justice Department’s efforts to retrieve the documents from Mar-a-Lago were intensifying and the same month prosecutors issued a grand jury subpoena for their return.
Prosecutors asked Mr. Patel about that claim and an array of other topics, including some that had nothing to do with Mr. Trump or the material discovered at Mar-a-Lago, one of the people said.
Investigators have spoken to a number of other people, including close aides to the former president, since the probe began.
I didn’t encounter a paywall when I opened this WSJ story from a link on Memeorandum.
This is from a New York Times article on this new development:
The disclosure that Mr. Patel has received immunity for his testimony comes as prosecutors have increased their pressure on recalcitrant witnesses who have declined to answer investigators’ questions or have provided them with potentially misleading accounts about Mr. Trump’s handling of documents.
Prosecutors have indicated they are skeptical of the level of cooperation they have gotten from a little-known Trump aide named Walt Nauta, who has provided the authorities with different accounts about whether he moved documents stored at Mr. Trump’s Mar-a-Lago estate. The authorities are using the specter of charges against him for misleading investigators to persuade him to sit again for questioning.
The prosecutors want to question Mr. Patel about an array of matters related to the documents. Among them is an unsubstantiated claim Mr. Patel has publicly made in recent months that Mr. Trump had declassified national security documents he took when he left the White House….
Mr. Patel has long been a part of efforts to fight off the Justice Department investigations into Mr. Trump and his allies. Earlier this year, as officials were pushing Mr. Trump to return records he had taken to Mar-a-Lago when he left office, Mr. Trump made him one of his representatives to the National Archives and Records Administration to deal with his records.
Legal experts say prosecutors try to avoid giving witnesses immunity, especially in high-profile cases, because it makes it much more difficult to prosecute the individual who received it. But prosecutors often ask a judge to grant it when they are confronted with a witness who has information that they believe is essential to completing the investigation….
Mr. Patel has increased his influence with Mr. Trump since the end of the presidency, maintaining his criticisms of the investigation into whether the Trump campaign conspired with Russia in the 2016 campaign.
Earlier this year, Mr. Patel told associates that he was expected to take on an even more central role in Mr. Trump’s legal defenses, currently coordinated by another Trump adviser, Boris Epshteyn, according to a person familiar with his comments.
There’s also big news on the investigation of Trump’s involvement in the investigation of efforts to overturn the 2020 election. Yesterday Politico obtained the 8 emails that Trump attorney John Eastman has been fighting to keep from the January 6 Committee and they are damning.
From the Politico article: Trump lawyers saw Justice Thomas as ‘only chance’ to stop 2020 election certification.
Donald Trump’s attorneys saw a direct appeal to Supreme Court Justice Clarence Thomas as their best hope of derailing Joe Biden’s win in the 2020 presidential election, according to emails newly disclosed to congressional investigators.
“We want to frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt,” Trump attorney Kenneth Chesebro wrote in a Dec. 31, 2020, email to Trump’s legal team. Chesebro contended that Thomas would be “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress.”
Trump lawyer Kenneth Chesebro
The messages were part of a batch of eight emails — obtained by POLITICO — that Eastman had sought to withhold from the Jan. 6 select committee but that a judge ordered turned over anyway, describing them as evidence of likely crimes committed by Eastman and Trump. They were transmitted to the select committee by Eastman’s attorneys last week, but remained largely under wraps until early Wednesday morning….
Thomas is the justice assigned to handle emergency matters arising out of Georgia and would have been the one to receive any urgent appeal of Trump’s lawsuit to the Supreme Court — a fact that seemed to be part of the Trump legal team’s calculus.
Rulings from so-called circuit justices are typically stopgap measures aimed at preserving the status quo until the full Supreme Court weighs in, but the Trump lawyers hoped a favorable order from Thomas would embolden state GOP-controlled legislatures, Congress — or then-Vice President Mike Pence — to block final certification of Joe Biden’s victory.
“[I]f we can just get this case pending before the Supreme Court by Jan. 5, ideally with something positive written by a judge or justice, hopefully Thomas, I think it’s our best shot at holding up the count of a state in Congress,” Chesebro said.
There’s even more crazy stuff from Chesebro:
In one scenario, Chesebro proposed encouraging Senate Republicans to filibuster long enough to delay the joint session of Congress on Jan. 6, ignoring limitations on the length of debate. He also described how Trump allies could use inaction by the courts to build political pressure against Biden’s inauguration.
“Hard to have enormous optimism about what will happen on Jan. 6, but a lot can happen in the 13 days left until then, and I think having as many states still under review (both judicially and in state legislatures) as possible is ideal,” Chesebro wrote Trump campaign attorney Justin Clark on Dec. 24, 2020. It’s unclear how or whether Clark responded to Chesebro’s message.
The New York-based lawyer has been scrutinized by the Jan. 6 select committee, as well as prosecutors in Fulton County, Ga., who are investigating Trump’s efforts to subvert the election there.
Read more and see the emails at Politico.
There’s a very interesting piece at New York Magazine today by Ankush Khardori: The Secret Court Battle That Threatens Trump After Election Day. Prosecutors are obtaining potentially crucial testimony about January 6.
https://twitter.com/NYMag/status/1588143351253159936?s=20&t=0jL5j6PFFd0McENHeAYidw
As the midterm campaigns draw to a close, so too may an informal détente between Donald Trump and federal prosecutors since the search of Mar-a-Lago in August. While both sides fight in court, the Justice Department has probably refrained from taking major steps in the key investigations into his possession of classified documents and the attack on the U.S. Capitol in order to avoid influencing the elections.
During this relative down period, however, the department has reportedly been fighting an opaque and largely secret legal battle in the January 6 investigation that could constitute its most significant development to date. It could open a floodgate of damaging information about Trump or provide the department with crucial clarity about his conduct with respect to the riot and the effort to overturn the election results beyond what the public has learned so far. Like the search at Mar-a-Lago, this reflects an apparent change in posture at the Justice Department in recent months under Attorney General Merrick Garland, who chose not to focus on Trump’s potential criminal misconduct when he took office last year despite ample reason to do so.
And thus far, the Justice Department appears to be winning.
In recent weeks, according to a variety of news reports, prosecutors successfully compelled grand-jury testimony in Washington, D.C., from two key witnesses over the objections of Trump — Greg Jacob, a onetime lawyer for former vice-president Mike Pence who blamed the shoddy legal arguments advanced by Trump lawyer John Eastman for the outrageous violence at the Capitol, and Marc Short, Pence’s former chief of staff. The proceedings are under seal for the moment, but they are being handled at the district-court level by Chief Judge Beryl Howell, who has so far rejected Trump’s legal challenges. In at least Short’s case, Trump’s lawyers reportedly sought an expedited appeal to the D.C. Circuit Court of Appeals, which rebuffed them. The Justice Department is now reportedly seeking a similar ruling from Howell that would force testimony — again over Trump’s objections — from former White House counsel Pat Cipollone and his deputy Patrick Philbin.
All of the court disputes appear to center on Trump’s effort to invoke executive privilege to block top officials in his White House from providing testimony that might incriminate him. As CNN noted, the recent testimony from Jacob was “the first identifiable time when the confidentiality Trump had tried to maintain around the West Wing after the 2020 election has been pierced in the criminal probe following a court battle.” The fight is not over: There is apparently still a pending appeal at the D.C. Circuit and likely more litigation before Howell as things continue to play out and additional witnesses are called in, and at some point, Trump could seek the involvement of the Supreme Court to try to bail him out.
At first blush, this may seem like a fight among lawyers with esoteric stakes concerning the scope of executive privilege, but there are significant consequences if the Justice Department successfully continues down this path. Prosecutors could obtain fulsome information about what Trump himself (as opposed to the people around him) was actually saying and doing in the run-up to and during the January 6 siege.
Read the rest at the link. The gist is that prosecutors are moving closer to actually holding Trump accountable.
More interesting stories to check out, links only:
The Washington Post: Biden warns GOP could set nation on ‘path to chaos’ as democratic system faces strain.
The Washington Post: Oath Keeper Rhodes had violent message for Trump after Jan. 6, witness says.
Reuters: U.S. Capitol Police to conduct internal review over missed camera images of Pelosi attack.
Will Oremus at The Washington Post: Musk’s Trump-style management rattles Twitter workers awaiting layoffs.
The Guardian: Twitter exodus: company faces murky future as top managers flee the nest.
Please share your thoughts on these stories and anything else you’re interested in and have a great Thursday!
Lazy Caturday Reads
Posted: October 15, 2022 Filed under: caturday, Donald Trump, just because | Tags: 11th Circuit appeals court, Charlottesville rally, DOJ, FBI, January 6 grand jury, John Donnelly, Mar-a-Lago search, Mark Short, Mike Pence, Patriot Front, Richard Spencer, stolen government documents, Unite the Right rally, Walt Nauta, Will Russell, Woburn MA 29 Comments
Portrait of his pet cat by Johann Benjamin Ehrenreich (1733 or 1739–1806
Happy Caturday!!
We are living in perilous times. Thanks to Trump’s enabling of U.S. Neo-Nazis, we’re learning that these toxic groups are everywhere–even here in ultra-blue Massachusetts. Back in July, about 100 members of a white supremacist group called Patriot Front marched through downtown Boston in matching outfits, their faces concealed by masks. It was quite a shock to local law enforcement and city leaders.
From The Boston Globe, July 23, 2022: The white-nationalist Patriot Front is getting bigger, and more visible, in New England.
Internal videos released this year by a nonprofit media groupshowed Patriot Front members in action—boxing in the woods in Sutton, spray-painting graffiti in Quincy, draping their banner from a Storrow Drive overpass in Boston, slapping on stickers in Providence’s Waterplace Park.
Despite New England’s reputation as a deeply blue region, those who’ve studied Patriot Front say that its local faction is among the group’s most active nationally, along with Virginia and Texas, where several of its leaders are based. The group, rooted in a notorious far-right rally in Virginia in 2017, is finding a receptive audience for its white supremacist ideology among certain young men — and has targeted colleges for recruitment.
In fact, there have been hundreds of incidents involving Patriot Front members in Massachusetts and Rhode Island this year alone, according to statistics compiled by the Anti-Defamation League. In addition, at least ninePatriot Front members or associates from across the region have faced charges stemming from their work for the group.
“These extremists perceive New England to have favorable racial demographics, which supposedly presents more opportunities to find like-minded people,”said Jeff Tischauser, a senior research analyst with the Southern Poverty Law Center, in an e-mail. “Extremists around the U.S. also take inspiration from New England history before, during, and immediately after the American Revolution.”
The July 2 march in Boston, which caught law enforcement and much of the public by surprise, represented something of a coming out party for the organization in New England, drawing members from all over the country to the city’s streets on a bustling holiday weekend. The noisy march of young white men banging drums and hoisting Patriot Front flags along the city’s storied Freedom Trail made national headlines and drew a sharp rebuke from Mayor Michelle Wu.
So I guess it shouldn’t be that surprising to learn that a police officer in Woburn, Massachusetts is a Neo-Nazi with ties to white supremacist leader Richard Spencer. Somehow John Donnelly was able to keep it a secret until he was smoked out by an anti-fascist group called Ignite the Right. Here’s the beginning of Twitter thread they posted. You can see the rest on Twitter.
Christopher Mathias at HuffPo: He Marched At The Nazi Rally In Charlottesville. Then He Went Back To Being A Cop.
A Massachusetts police officer attended the deadly “Unite the Right” rally in Charlottesville, Virginia, five years ago and acted in key security and planning roles, HuffPost has confirmed. He also used an alias to post racist and antisemitic comments online. The officer, John Donnelly, was still an active-duty member of the police force until Thursday, shortly after HuffPost inquired about his status with the department and role in the deadly white supremacist rally.
Donnelly, 33, was a patrolman for the Woburn Police Department near Boston, where he has been employed since 2015.
But on the morning of Aug. 12, 2017, Donnelly could be seen on video arriving at the Charlottesville rally with Richard Spencer, a prominent white supremacist for whom Donnelly was apparently acting as a security guard. Spencer, Donnelly and a coterie of other suit-and-tie fascists worked their way into a city park where they held court beneath a statue of Confederate Gen. Robert E. Lee, posing for photos and talking into livestreams.
Donnelly was among hundreds of white supremacists who invaded the university town. His fellow attendees violently attacked counterprotesters, with one neo-Nazi driving his car into a crowd of anti-fascists, killing a 32-year-old woman and injuring 19 others. That evening, Donnelly went to a party at a house near Charlottesville, where he joined in a celebration of the day’s events.
Donnelly then returned to Massachusetts and resumed his job as a cop.
His white supremacist activism and involvement in the Charlottesville rally has gone unknown for five years, during which time Donnelly — while still working as a police officer — became the president of a “back the blue” nonprofit raising money for law enforcement, as well as an award-winning real estate agent whose face is featured on a massive billboard in Woburn, a Boston suburb.
But last month, an anti-fascist collective called Ignite the Right provided HuffPost with evidence showing Donnelly attended the Charlottesville rally and connecting him to a series of deeply alarming messages posted online in which he advocated violence against leftists and minority groups.
HuffPo contacted the Chief of Police in Woburn, and Donnelly is now out of a job. Read about how Ignite the Right identified this secret Nazi at the link above.
Still Life with Cat, Mary Fedden, R.A.
Here’s a follow-up story, also from Christopher Mathias at HuffPo: District Attorney To Review All Cases Handled By Cop Who Planned Charlottesville Nazi Rally.
A Massachusetts prosecutor has promised to review all cases handled by police Officer John Donnelly after a HuffPost report exposed Donnelly’s role in planning the deadly 2017 white supremacist rally in Charlottesville, Virginia.
Middlesex County District Attorney Marina Ryan announced Friday that her office is now “thoroughly reviewing any pending or closed cases” in which Donnelly, a patrolman in Woburn, Massachusetts, was involved.
“We will be issuing a discovering notice disclosing this matter to defense counsel on those cases,” Ryan said in a statement. “That notice has already been added to our publicly available list of officers subject to exculpatory evidence disclosure.” [….]
On Thursday, HuffPost published a report detailing how Donnelly, 33, was among hundreds of white supremacists who descended on Charlottesville in August 2017 for a “Unite the Right” rally, terrorizing the town while chanting slogans such as “Jews will not replace us” and violently attacking counterprotesters….
Donnelly attended the rally as a bodyguard for Richard Spencer, a prominent white supremacist. Leaked chat logs from a neo-Nazi Discord server show Donnelly played an integral part in planning the weekend’s events.
The messages Donnelly posted on Discord show he may have belonged to the white supremacist group Identity Evropa. His messages were also full of racist and antisemitic slurs, and at times they advocated violence against leftists and minorities.
I usually don’t share local stories, but this is likely the tip of the iceberg. There are very likely many more police officers like Donnelly everywhere in the U.S. I suppose they were always there, but Trump has enabled them and given them permission to act out.
In other news, Trump is facing multiple investigations and prosecutors are getting closer to the FPOTUS. Here’s the latest.
The Washington Post: Judge bucks Trump, orders Pence aide to testify to Jan. 6 grand jury.
A former top aide to Vice President Mike Pence returned before agrand jury Thursday to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled President Donald Trump’s objections to the testimony, according to people familiar with the matter.
In a sealed decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Judge Beryl A. Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources, one of those people said.
Calico Cat, by Agnes Bodor
Trump appealed, but the U.S. Court of Appeals for the District of Columbia Circuit refused to postpone Short’s appearance while the litigation continues, the people said, signaling that attempts by Trump to invoke executive privilege to preserve the confidentiality of presidential decision-making were not likely to prevail….
Grand jury matters are typically secret, but The Washington Post has reported that prosecutors are working with grand jurors and looking extensively at the actions of Trump and his advisers in the period between the November 2020 election and Jan. 6, 2021. Short’s case came to light on Sept. 22 after Trump attorneys M. Evan Corcoran, Timothy C. Parlatore and Rowley were seen at federal court in Washington when there were no publicly scheduled matters, along with a lead Jan. 6 federal prosecutor, Thomas Windom.
According to people familiar with the matter, Short had appeared before a grand jury in downtown Washington in July, but declined to answer certain questions after Flood argued the communications of top White House advisers are protected — and presented written documentation from Trump’s lawyers that they were asserting executive privilege.
The Justice Department asked the court to intervene, urging Howell to override Trump’s claim and to compel Short to answer questions about his communications with Trump, one person said. After arguments Sept. 22, Howell granted the government’s motion, the people said, but because the investigation and an appeal are ongoing, it is unclear if or when a redacted opinion will become public.
How long before Pence himself has to testify?
Julia Ainsley and Ali Vitali at NBC News: Congress asks Secret Service for an account of all contacts between agency, Oath Keepers up to and on Jan. 6, 2021.
The House Committee investigating the Jan. 6, 2021, Capitol insurrection has asked the Secret Service for records of all communications between the far-right Oath Keepers group and Secret Service agents prior to and on the day of the attack, after a preliminary accounting by the agency indicated multiple contacts in 2020, according to a Secret Service spokesman.
The spokesman said the Congressional request follows a short telephonic briefing from the Secret Service to committee staff, in which the agency said an agent from its protective intelligence division had “numerous” contacts with Oath Keepers leader Stewart Rhodes and other group members prior to Trump rallies in fall 2020, but that they were all part of common practice to inform the group of security protocols to follow.
That initial briefing was prompted by federal trial testimony in which the ex-leader of the North Carolina Oath Keepers said Rhodes was in contact with a member of the Secret Service around the time of a September 2020 rally….
Cat on a fence, 1956, by Alex Colville
The Secret Service found that multiple members of the organization, not just Rhodes, spoke to an agent in the protective intelligence division ahead of Trump rallies, the most recent conversation coming before a Dec. 12, 2020, rally, Guglielmi said.
Guglielmi also said the initial search showed the communications were part of common practices that allow agents to tell protesters where they can and cannot be during an event and what items they are prohibited from bringing.
“They reached out concerning logistics about demonstration areas and rules for attending presidential events. This is common activity between organized groups and advance agents,” said Guglielmi.
Two Secret Service officials told NBC News once the Oath Keepers had the phone number of the member of the agency’s protective intelligence detail, they made numerous calls directly to that agent.
Maybe it was routine, maybe not. I’m taking everything the Secret Service says with a grain of salt.
Charlie Savage at The New York Times: U.S. Asks Court to End Special Master Review of Files Seized From Trump.
In a 53-page brief for the U.S. Court of Appeals for the 11th Circuit, in Atlanta, the Justice Department broadly challenged the legal legitimacy of orders last month by Judge Aileen M. Cannon, who blocked investigators from using the materials and appointed an independent arbiter to sift them for any that are potentially privileged or Mr. Trump’s personal property.
The Justice Department already succeeded in persuading a panel of the Atlanta-based court to exempt about 100 documents marked classified from Judge Cannon’s move — a decision the Supreme Court declined to overturn this week. In its new filing, the Justice Department asked the appeals court to reverse her order for the remaining 11,000 or so records.
“This court has already granted the government’s motion to stay that unprecedented order insofar as it relates to the documents bearing classification markings,” the filing said. “The court should now reverse the order in its entirety for multiple independent reasons.” [….]
The Trump legal team is due to file a brief in November. The date of any oral arguments has not yet been announced, but the appeals court has granted a Justice Department request that it expedite consideration of the case. It may rule on the appeal before Judge Cannon receives the special master’s report and rules on any contested documents.
The dispute is the opening round in the main part of the Justice Department’s appeal of the orders by Judge Cannon as part of a lawsuit Mr. Trump filed after the F.B.I. carried out a court-ordered search of his Florida club and residence, Mar-a-Lago, in August.
The Wall Street Journal: FBI Seeks Additional Information From Two Trump Aides About Mar-a-Lago Records.
Federal investigators contacted at least two aides to former President Donald Trump months before the FBI searched his Mar-a-Lago resort and have sought to talk to them again in recent weeks, people familiar with the matter said, as the Justice Department examines possible obstruction of its efforts to retrieve hundreds of government and classified documents.
Dream of a Cat, by Norbertine Bresslern-Roth,1977
The aides, Walt Nauta and Will Russell, are witnesses in the Justice Department’s investigation into the handling of presidential and classified records taken from the White House but aren’t formally cooperating with the probe, the people said. Mr. Russell hasn’t personally spoken to investigators, who are communicating directly with his counsel.
Mr. Nauta, a former military valet who went to work at Mar-a-Lago after Mr. Trump left the White House, was seen on surveillance footage moving boxes from a storage room before and after investigators issued a subpoena in May seeking the documents’ return, the people said. Mr. Nauta told investigators that he did so at Mr. Trump’s request, one of the people said.
The federal interest in Mr. Russell hasn’t been previously reported. He served in the Trump White House, including as a coordinator of presidential travel, and went on to work for the former president in Florida after he left office. Mr. Russell had previously been subpoenaed in connection with the Justice Department’s investigation of the Jan. 6, 2021, riot at the U.S. Capitol. The FBI’s questioning of Mr. Nauta was earlier reported by the New York Times….
The Wall Street Journal previously reported that the extraordinary Aug. 8 search came after at least one person familiar with the stored papers told investigators there were more sensitive documents at Mar-a-Lago beyond what they had received in June through a grand jury subpoena.
Those two had better watch their backs. Now that their names are out there they’ll likely be dealing with death threats from the Trump cult.
More stories to check out:
The Washington Post: Jan. 6 video undermines Trump’s repeated efforts to blame Pelosi for Capitol security.
Op-Ed by Norman Eisen, Danielle Brian and The Jan. 6 Hearings Are Over. These 3 Things Must Happen Now.
Tom Nichols at The Atlantic: Donald Trump Tried to Destroy the Constitution. What will it take for millions of Americans to care?
The Daily Beast: Creepy Message Shows Oath Keepers’ Bloodlust for Mike Pence.
Raw Story: Former US attorney singles out the ‘criminal act’ that will lead Merrick Garland to indict Trump.
That’s all I have for today. What stories are you following?
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