Trump ‘admits possession’ with Truth Social post that is ‘evidence of his guilt’: analysis
Legal experts were stunned on Wednesday when Donald Trump took to his Truth Social website and essentially admitted his guilt hours before his lawyers had a deadline to respond to the bombshell, late-night DOJ filing.
At question was a photo taken by FBI agents showing documents with classification markings on cover sheets.
"The folders were arrayed by agents at Mar-a-Lago after being removed from what the filing indicated was Mr. Trump’s office — they were not discovered scattered on the floor, according to two federal law enforcement officials," The New York Times reported. "Files or documents are not tossed around randomly, even though they might appear that way; they are usually splayed out so they can be separately identified by their markings. The ruler seen in the image is to give a sense of their size in relation to other objects."
The newspaper reported "the genesis of the photograph appears to be in keeping with standard protocols for how federal agents handle evidence they come across in a search."
But Trump offered his own thoughts on Truth Social.
"There seems to be confusion as to the 'picture' where documents were sloppily thrown on the floor and then released photographically for the world to see, as if that’s what the FBI found when they broke into my home. Wrong! They took them out of cartons and spread them around on the carpet, making it look like a big 'find' for them," Trump posted. "They dropped them, not me - very deceiving."
Maggie Haberman of the New York Times noted, "Trump has moved off suggesting things were planted and now says documents were 'in cartons' at his house/club…which he says even though his lawyer signed a document asserting all material was in the storage area and went back, per DOJ."
Josh Dawsey of The Washington Post described it as, "They took out the documents that our lawyers said we didn't have and took pictures of them."
Trump's post shocked legal experts.
Former federal prosecutor Renato Mariotti tweeted, "Trump's admission that the classified material was 'in cartons' at his residence is evidence of his guilt."
It would be like a defendant taking issue with a FBI photo showing bricks of cocaine on the floor of his residence instead of 'in cartons.' It admits possession," Mariotti explained.
Former Mueller prosecutor Andrew Weissman said, "Trump is a criminal defense lawyer's nightmare."
"His uninhibited mouthing off is actually serving to make the criminal case against him stronger," Weissman wrote.
https://twitter.com/renato_mariotti/status/1565101591891480576Legal experts say Trump lawyers may need their own lawyers after 'damning' DOJ filing
The Justice Department on Tuesday said in a filing that former President Donald Trump and his legal team "likely" tried to conceal classified documents after being hit with a grand jury subpoena.
The 36-page filing, which came in response to Trump's dubious request to appoint a special master to review the documents seized by the FBI from his Mar-a-Lago residence, details the DOJ's evidence of obstruction of justice. The DOJ filing suggests that Trump and his team may have tried to mislead investigators when Trump attorney Christina Bobb signed a document affirming that all classified documents sought by the National Archives had been returned.
The DOJ filing included a photo of some classified documents that were seized from Trump's Mar-a-Lago office, some of which are labeled "Top Secret," "Secret" and "Sensitive Compartmented Information."
"Lordy, there are pics," tweeted conservative attorney George Conway.
The filing detailed extensive efforts to recover the documents that led investigators to believe that "government records were likely concealed and removed … and that efforts were likely taken to obstruct the government's investigation."
Agents during the August 8 Mar-a-Lago search found material so sensitive that "even the FBI counterintelligence personnel and DOJ attorneys conducting the review required additional clearances before they were permitted to review certain documents," according to the filing.
The filing also includes a written document signed by Bobb affirming that Trump had turned over all relevant documents in response to a grand jury subpoena seeking records he withheld after turning over 15 boxes of materials to the National Archives earlier this year. When the FBI searched the property, they found more than 100 more classified documents, which "calls into serious question the representations made in the June 3 certification and casts doubt on the extent of cooperation in this matter," the filing said.
The filing said that agents came to believe that Bobb and fellow Trump attorney Evan Corcoran may have obstructed the investigation.
"The former President's counsel explicitly prohibited government personnel from opening or looking inside any of the boxes that remained in the storage room, giving no opportunity for the government to confirm that no documents with classification markings remained" after Bobb signed the document, the filing said, undercutting Trump and his lawyers' claims that he was "cooperating fully" with the probe.
The filing came after Trump's lawyers sought to have a judge appoint a special master to review the seized documents for potentially privileged information. The DOJ said in a filing on Monday that a "filter team" had already reviewed the files for possibly privileged documents. The DOJ argued that Trump's request is now effectively moot and rejected Trump's demand to return the documents "because those records do not belong to him."
"The former President cites no case — and the government is aware of none — in which executive privilege has been successfully invoked to prohibit the sharing of documents within the Executive Branch," the filing said.
Judge Aileen Cannon, a Trump-appointee, signaled earlier this week that she may be inclined to grant Trump's request for a special master. But the move would do little to impact the investigation and some legal experts believe that Trump's request already backfired.
"It opened the door for DOJ to publicly correct the record in Response brief," tweeted Ryan Goodman, an NYU Law professor. "Trump's legal team, and their client, again with self-inflicted wounds."
Former federal prosecutor Andrew Weissmann, who served on special counsel Bob Mueller's team, agreed that the Trump request was a "huge misstep."
"DOJ has used its response to disclose damning proof of a series of crimes, which it would not otherwise have been able to do," he wrote. "And one very compelling photo."
Weissmann in an appearance on MSNBC also suggested that Trump's attorneys may need to lawyer up themselves.
"You need to withdraw as counsel and you need to get the best defense counsel you can possibly get and stop talking," Weissmann warned Trump's lawyers. "They are clearly going to be interviewed and, at the very least, they're going to be witnesses… And I say at the very least because they could be in worse trouble here."
Conway, a frequent Trump critic, agreed that all signs suggest that the DOJ may prosecute Trump's lawyers as co-defendants: "I think it would be almost crazy NOT to anticipate such an indictment at this point."
https://twitter.com/Acyn/status/1564841394383925250Trump lawyer John Eastman spent the morning pleading the 5th to Georgia grand jury
Donald Trump lawyer John Eastman spent the morning testifying to the special grand jury called in Fulton County, Georgia, where he was asked about attempts to overthrow the 2020 election in the state.
Eastman penned the so-called "coup memo," which demanded that then-Vice President Mike Pence stop the electoral college count on Jan. 6, 2022.
“And all we are demanding of Vice President Pence is this afternoon at 1p.m., he let the legislators of the state look into this so we get to the bottom of it, and the American people know whether we have control of the direction of our government, or not,” he said.
His theories were ones that concerned White House lawyers.
“I don't remember why he called me,“ White House lawyer Eric Herschmann said in the House Select Committee probe earlier this year. “He started asking me something about dealing with Georgia and preserving something potentially for appeal.”
He continued: “I said to him, 'are you out of your f*cking mind?' right. I said, ”I only want to hear two words coming out of your mouth from now on — orderly transition.”
District Judge Mary Marlowe Sommer, presiding over the Fulton County case, said that judicial records proved that Eastman spoke with Georgia lawmakers about the 2020 election, as well as crafting the memos mentioning Georgia to the president.
“I do think there is a logical correlation” between the grand jury investigation and Eastman’s experience and information about the events being investigated, Marlow Sommer explained.
The Santa Fe, New Mexico lawyer appeared virtually before the court, and according to his lawyers Charles Burnham and Harvey Silverglate, Eastman pleaded his Fifth Amendment right against self-incrimination.
"By all indications, the District Attorney's Office has set itself on the path of criminalizing controversial or disfavored legal theories, possibly in hopes that the federal government will follow its lead," the statement said.
If Eastman's only concern was controversial or disfavored legal theories he wouldn't need to be concerned about incriminating himself.
Read the full statement here: https://twitter.com/KFaulders/status/1565033542643482629