FBI raids Trump’s Mar-a-Lago

[Rick Plant]

Trump's team was happy — until the 11th circuit derailed them on Wednesday: report



Donald Trump's legal team thought they were effectively delaying the FBI investigation into the public documents recovered at Mar-a-Lago until the conservative 11th Circuit Court of Appeals stymied their efforts according to a new report.

MSNBC's Yasmin Vossoughian interview Guardian reporter Hugo Lowell about the latest in the special master review ordered by controversial Trump-appointed Judge Aileen Cannon.

Vossoughian noted a story Lowell published on Saturday.

"Trump’s goal in requesting a special master was multi-pronged from the start, according to sources familiar with the matter, and the principal – though publicly unstated – aim was to apply the brakes on the criminal investigation, after the FBI search of Mar-a-Lago took Trump’s lawyers by surprise," Lowell reported. "Trump effectively secured a two-and-a-half week pause in the criminal investigation from the time that Cannon enjoined the department on Labor Day to the appeals court ruling on Wednesday – a delay that former US attorneys said would not have materially affected the case."

Lowell expanded on his report.

Lowell said, "I've been talking to a couple of Trump advisers, people close to trump's legal team, they say the whole effort to try to get the special master was principally in order to slow down the investigation."

"And that seemed to be working until Wednesday of last week when the 11th Circuit ruled that the one hundred classified documents actually could not part of the special master process and that the Justice Department could regain access to those documents," he explained. "Which means now that federal investigators can move ahead to that criminal investigation."

"The most serious parts of that criminal investigation — the obstruction of justice element and the violation of the Espionage Act, the willful retention of national defense information — those are really, really serious potential charges. The fact the Justice Department has those materials means that Trump's effort to delay this has been effectively stymied."

Watch:

[Rick Plant]

Feds should hunt for evidence Trump stashed classified papers at Bedminster: former prosecutor

On MSNBC Thursday, former federal prosecutor Barbara McQuade argued that Justice Department officials should look at other properties of former President Donald Trump, in search of more classified document stashes like that he held at his Mar-a-Lago country club in Palm Beach, Florida.

One of the significant consequences of this, noted McQuade, would be that Trump could not rely on Florida District Judge Aileen Cannon to bail him out again, as she attempted to do with the documents seized at his Florida property.

"Barbara, given the fact we now have sort of two kind of types of judges — one judge who was very solicitous, we'll say that, solicitous of Donald Trump's claims that he could go back to if Bedminster was searched, but you also have the 11th Circuit saying no, no, these belong to the government and they have the interest in them," said anchor Joy Reid. "What do you think would be the hurdles that, theoretically, if the DOJ were to say, now we do want to search other properties, could Trump play the same game again and go back to the same judge, Cannon, and do this dance again?"

"Well, if they looked in Bedminster, it's in the jurisdiction of a judge in that district," said McQuade. "So district of New Jersey if we're talking about Bedminster. To get in the door there, they would need to be able to establish, DOJ would, probable cause not only that a crime has been committed, which I think they have established, but also probable cause to believe the documents would be stored at that location."

McQuade then laid out what DOJ officials would have to do to be able to search that property.

"I can imagine part of the damage assessment and the criminal investigation is to investigate what happened to these documents in the missing folders and interview people who work at Bedminster to find out if they have seen evidence of this," said McQuade. "If they have a witness who says, oh, yeah, I saw boxes come in the door, that could be a probable cause. If Trump wanted to challenge that, he would have to do it in New Jersey and begin his judge-shopping again."

Watch:

[Rick Plant]

Trump advisers panicked DOJ investigation is moving 'perilously fast': report

According to a report from the Guardian, advisers to Donald Trump are beginning to panic that the Department of Justice's investigation into top secret documents that were illegally whisked away to his Mar-a-Lago resort is moving much faster than they had hoped.

This past week saw special master Raymond Dearie put the former president and his legal team on the spot over Trump's claims that he declassified the documents, as well as his assertions that the FBI "planted" evidence against him.

As the Guardian's Hugo Lowell wrote, a decision by the 11th Circuit Court of Appeals was also a damaging blow to the Trump team's attempts to stall the DOJ.

That has them panicking.

"The 29-page decision amounted to a sharp rebuke of the rulings by US district court judge Aileen Cannon, who is overseeing the case in Florida, but it also brought an end to Trump’s attempt to slow down the investigation that his advisers feared was moving perilously fast," the report states before adding, "Being allowed to examine the roughly 100 documents marked classified means justice department investigators can now resume the investigation into the most serious lines of inquiry – the willful retention of national defense information and obstruction – with the primary evidence itself."

With the ruling saying Trump's lawyers won't be able to review the documents themselves, Lowell suggests that is making them even more apprehensive.

"Trump’s goal in requesting a special master was multi-pronged from the start, according to sources familiar with the matter, and the principal – though publicly unstated – aim was to apply the brakes on the criminal investigation, after the FBI search of Mar-a-Lago took Trump’s lawyers by surprise," he wrote. "A second major aim, the sources said, was to use the special master motion as a vehicle to get more insight into what documents the FBI retrieved from the property because they were initially in the dark about the extent of Trump’s, as well as their own, potential exposure."

Read More Here:

https://www.theguardian.com/us-news/2022/sep/24/donald-trump-investigation-mar-a-lago-legal-woes

[Rick Plant]

Having these right wing Trump apologists on Sunday morning shows is just a total waste of time.

You already know right from the gate that you are going to hear scripted right wing talking points in order for them to cover and protect Criminal Donald.

Barrasso played dumb trying to give legitimacy to the asinine claim that a "president can declasssify documents with their mind".

He then went on to the usual right wing talking point "I've never seen anything like that" regarding the FBI raid at Donnie's residence.

Nothing like that ever happened before, because we never had a criminal ex president steal the most sensitive top secret and nuclear documents to stash at his home.

Barrasso then parrots the right wing talking point saying "It's become political" trying to cause division turning it into a political issue instead of the treasonous crime that it is.

There's nothing "political" about it. Any private citizen that stole top secret classified documents would get raided by the FBI and be under a criminal investigation.

So, right wingers attempt to cover up the severity of Criminal Donald's crime by "playing dumb" to push the asinine claims of Trump. Then they attempt to protect him by trying to claim the raid was done for "political reasons" and it's "unprecedented".

Never once do these right wingers ever condemn their cult leader for committing treason and putting our national security in danger.

And this is the Republican party who falsely claims they are more effective at foreign policy and protecting our national security.

What a joke, this is Republican party that covers up and protects a criminal who put our national security in jeopardy and they simply do not care. Their only goal is to shield Trump from his treason. 

The Republican party is not concerned about keeping America safe or working for the American people. Their goal is to cover up for Donnie and protect him from his crimes. They already showed us that twice when Republicans refused to hold him accountable to convict him at two impeachment trials and now they cover up for him after we learned he stole Top Secret nuclear documents.

The Republican party is a cult designed only to appease and cover up for Donald Trump.

                   

ABC host scolds GOP senator: 'You know a president can't declassify documents by thinking about it'



ABC host George Stephanopoulos scolded Sen. John Barrasso (R-WY) after he pretended not to know whether presidents could declassify documents with their minds.

"Even his lawyers have provided no evidence that he declassified the documents," Stephanopoulos told Barrasso in reference to government documents found at former President Donald Trump's Mar-a-Lago estate.

"Trump said this week that as president, he could declassify documents by thinking about it," the host added. "Do you agree with that?"

"I've not heard that one before," Barrasso replied. "I don't know anything about the rules for when a president declassifies documents and information. What I do know is what I'd like to see from a Senate standpoint is I'd like to see the Department of Justice come to us and show us in a classified setting what the information is, what they've done. I thought the raid at the former president's home — I've never seen anything like that."

"Senator!" Stephanopoulos exclaimed.

"It's become political," Barrasso continued. "So I want to get a briefing so that we can then be informed to see what actually happened here."

"That was a rhetorical question," the ABC host shot back. "You know that a president can't declassify documents by thinking about it. Why can't you say so?"

Barrasso paused for a moment and then replied.

"I don't think a president can declassify documents by saying so — by thinking about it," he admitted.

Watch:

[Joe Elliott]

Having these right wing Trump apologists on Sunday morning shows is just a total waste of time.

You already know right from the gate that you are going to hear scripted right wing talking points in order for them to cover and protect Criminal Donald.

Barrasso played dumb trying to give legitimacy to the asinine claim that a "president can declasssify documents with their mind".

He then went on to the usual right wing talking point "I've never seen anything like that" regarding the FBI raid at Donnie's residence.

Nothing like that ever happened before, because we never had a criminal ex president steal the most sensitive top secret and nuclear documents to stash at his home.

Barrasso then parrots the right wing talking point saying "It's become political" trying to cause division turning it into a political issue instead of the treasonous crime that it is.

There's nothing "political" about it. Any private citizen that stole top secret classified documents would get raided by the FBI and be under a criminal investigation.

So, right wingers attempt to cover up the severity of Criminal Donald's crime by "playing dumb" to push the asinine claims of Trump. Then they attempt to protect him by trying to claim the raid was done for "political reasons" and it's "unprecedented".

Never once do these right wingers ever condemn their cult leader for committing treason and putting our national security in danger.

And this is the Republican party who falsely claims they are more effective at foreign policy and protecting our national security.

What a joke, this is Republican party that covers up and protects a criminal who put our national security in jeopardy and they simply do not care. Their only goal is to shield Trump from his treason. 

The Republican party is not concerned about keeping America safe or working for the American people. Their goal is to cover up for Donnie and protect him from his crimes. They already showed us that twice when Republicans refused to hold him accountable to convict him at two impeachment trials and now they cover up for him after we learned he stole Top Secret nuclear documents.

The Republican party is a cult designed only to appease and cover up for Donald Trump.

                   

ABC host scolds GOP senator: 'You know a president can't declassify documents by thinking about it'



ABC host George Stephanopoulos scolded Sen. John Barrasso (R-WY) after he pretended not to know whether presidents could declassify documents with their minds.

"Even his lawyers have provided no evidence that he declassified the documents," Stephanopoulos told Barrasso in reference to government documents found at former President Donald Trump's Mar-a-Lago estate.

"Trump said this week that as president, he could declassify documents by thinking about it," the host added. "Do you agree with that?"

"I've not heard that one before," Barrasso replied. "I don't know anything about the rules for when a president declassifies documents and information. What I do know is what I'd like to see from a Senate standpoint is I'd like to see the Department of Justice come to us and show us in a classified setting what the information is, what they've done. I thought the raid at the former president's home — I've never seen anything like that."

"Senator!" Stephanopoulos exclaimed.

"It's become political," Barrasso continued. "So I want to get a briefing so that we can then be informed to see what actually happened here."

"That was a rhetorical question," the ABC host shot back. "You know that a president can't declassify documents by thinking about it. Why can't you say so?"

Barrasso paused for a moment and then replied.

"I don't think a president can declassify documents by saying so — by thinking about it," he admitted.

Watch:

Top post.

A Dictator can make classified documents unclassified, just by thinking about it. Yes, there is a formal process that needs to be gone through before classified documents can become unclassified. Or a President can just decide to do this himself.

A Dictator can change the law just by thinking about it. The Electoral Act, like other laws of Congress, generally have to be followed. Hence, the Vice President shall accept the Electoral ballots as submitted by the states and accepted by Congress. Or, if the President thinks so, the Vice President may refuse to do this and send the Electoral ballots back to the states, or perhaps just decide for himself to reject that state's Electoral ballots.

A Dictator can nullify votes just by thinking about. Yes, there is a formal process where manual recounts can be requested. Or an appeal to the courts of the Election results can reverse an election. But a third way is for the President to nullify the votes just by thinking about it. Just by thinking the election counting was a fraud. Just by thinking that Dominion Voting Systems was corrupt and the software miscounted the ballots. There is no need for a manual recount to be run to verify this. Just by thinking about it, a President can nullify the people's votes.

The MAGA crowd does not stick with Trump despite his threat to democracy. They do so because of it. It is his greatest appeal. Other Republican candidates can adopt and support the same issues Trump does. But none of them have demonstrated that they would do all they can to overturn an election. To jettison democracy. To do the only thing that can allow the now minority white people to seize control of the government and keep control permanently. Only jettisoning democracy can do this. Hence, their support for Trump, regardless of what he does. And one more won election, by whatever means it takes, may be enough to make this a reality.

[Rick Plant]

Trump's delay tactics pushed special master Dearie to respond with a 'master stroke' that helps the DOJ

According to at least one legal expert, Donald Trump's well-known procedure of using delaying tactics in legal disputes is crashing and burning as he attempts to battle the Department of Justice's investigation into the theft of highly-sensitive documents he whisked away to his Mar-a-Lago home.

As the Daily Beast reports, the former president suffered major setbacks last week after special master Raymond Dearie began his work -- after Trump's legal team suggested his selection and Trump-appointed Judge Aileen Cannon approved -- with things going swiftly downhill for Trump's defense so far.

With Cannon giving Dearie plenty of time to rule on the dispute over hundreds of documents, he has instead worked faster than expected, and even accelerated his investigation, with what one law professor called a "master stroke" that should concern the former president.

According to the Beast's Jose Pagliery, Trump's demand for a special master "may have actually backfired and put him on a fast-track collision course with the federal government he once led."

Faced with Trump lawyers' refusal to identify what documents the former president insists he declassified, Dearie has asked them to provide evidence on a short deadline, and hired an associate, at Trump's expense, to speed the process along.

"Raymond Dearie, the semi-retired Brooklyn federal judge specifically brought in to second-guess the Justice Department, has actually used his special master role to speed up the review," the Beast report states before adding, "Dearie is even bringing in reinforcements. In an order Thursday, Dearie said he’s tapping retired magistrate judge James Orenstein to help sort through the gargantuan mountain of 11,000 documents—and without hesitation ordered Trump to pay him $500 an hour to do it."

According to University of Richmond law school professor Carl W. Tobias, Trump has only himself to blame for the turn of events.

“Who knows what’s still at Mar-a-Lago? Who knows where the rest of it is? It’s obvious that Trump can’t be trusted—and neither can his lawyers. But at least the bluff has been called on using the courts to delay this,” he told the Beast's Pagliery.

Referring to the "master stroke" of hiring Orenstein, Tobias added, "That will expedite matters exponentially, and that’s all good. The whole point of this litigation is to delay. [Dearie] has a reputation as a no-nonsense, very professional, very experienced jurist… he has cut through the bullsh*t offered up by Trump’s lawyers and gotten to the point.”

George Washington University law school professor Stephen A. Saltzburg agreed, explaining, "Judge Cannon tried to throw a lifeline of delay, and it didn’t work… [Dearie] is the kind of judge who’s been around a long time. He’s not going to tolerate wasted time. And he’s not going to be played."

The report adds that Dearie's move will thus allow the DOJ to accelerate their investigation into possible violations of the Espionage Act as well as arrive at a determination into accusations of obstruction.

Read More Here: https://www.thedailybeast.com/donald-trumps-special-master-delay-is-already-backfiring

[Rick Plant]

‘We have incredible things’: Trump surprised NYT reporter last year by boasting he kept White House documents

Former President Donald Trump surprised New York Times reporter Maggie Haberman by casually mentioning that he had kept White House documents after leaving office.

The New York Times reporter revealed in her forthcoming book, "Confidence Man: The Making of Donald Trump and the Breaking of America," that the former president told her Sept. 16, 2021, at his club in Bedminster, New Jersey, that he had held onto some government records that should have been sent to the National Archives, according to excerpts published by Axios.

"He demurred when I asked if he had taken any documents of note upon departing the White House — 'nothing of great urgency, no,' he said, before mentioning the letters that Kim Jong-un had sent him, which he had showed off to so many Oval Office visitors that advisers were concerned he was being careless with sensitive material," Haberman reported.

Haberman expressed surprise that he took those letters, which he eventually returned months later after the National Archives demanded them.

"He kept talking, seeming to have registered my surprise, and said, 'No, I think that’s in the archives, but … Most of it is in the archives, but the Kim Jong-un letters … We have incredible things,'" Haberman wrote.

The FBI searched Trump's home last month at Mar-a-Lago, where they seized more than 11,000 documents and 1,800 other items, including about 100 classified materials -- including some marked "top secret," and the search warrant shows investigators believe he may have violated the Espionage Act and other laws.

Read More Here: https://www.axios.com/2022/09/26/trump-haberman-doj-documents

[Rick Plant]

Laurence Tribe @tribelaw

This Friday is the “put up or shut up” date for Donald Trump’s claim that the FBI planted evidence at Mar-a-Lago, per the Special Master, Judge Raymond Dearie. By then Trump must identify WHICH seized materials were “planted.” Yeah, right.

https://twitter.com/tribelaw/status/1574582499220537362