Trump Charged With 37 counts of Espionage, Obstruction and related crimes

[Voronwë the Faithful]

We've been citing Marcy Wheeler a lot, so here's one more interesting observation she's made: one reason that the Dept. of Justice wanted to see Mar-a-Lago surveillance video may be that the government regulations (which Wheeler cites) concerning the storage of top secret documents in a non-secure location require that someone with the proper security clearance must inspect the storage area every four hours. If Trump was told this and didn't do it, that's one more security violation.

I missed that one, though it is almost impossible to keep up. The whole thing is truly mind-boggling. As for the passport thing, it seems like a pretty significant detail, though of course we really just don't know at this point.

[Voronwë the Faithful]

Here is the key paragraph in the DoJ's just-filed response to the media requests to unseal the affidavits used to support getting the warrant:

Disclosure at this juncture of the affidavit supporting probable cause would, by contrast, cause significant and irreparable damage to this ongoing criminal investigation. As the Court is aware from its review of the affidavit, it contains, among other critically important and detailed investigative facts: highly sensitive information about witnesses, including witnesses interviewed by the government; specific investigative techniques; and information required by law to be kept under seal pursuant to Federal Rule of Criminal Procedure 6(e). If disclosed, the affidavit would serve as a roadmap to the government’s ongoing investigation, providing specific details about its direction and likely course, in a manner that is highly likely to compromise future investigative steps. In addition, information about witnesses is particularly sensitive given the high-profile nature of this matter and the risk that the revelation of witness identities would impact their willingness to cooperate with the investigation. Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations. The fact that this investigation implicates highly classified materials further underscores the need to protect the integrity of the investigation and exacerbates the potential for harm if information is disclosed to the public prematurely or improperly.

[Voronwë the Faithful]

Marcy Wheeler is incorrect about at least one thing. She tweeted saying that she thought that the three sealed documents that appeared in the docket are likely an indication that Trump has filed for a temporary restraining order. In fact, those three items are the redacted versions of the three items that the DoJ says they are willing to unseal: cover
sheets associated with the search warrant application, the government’s motion to seal, and the Court’s sealing order.

[N.E. Brigand]

Asha Rangappa says it is indeed normal for government employees to be issued a second passport, and that while normally they would relinquish that upon exiting public service, it wouldn't be surprising to find that ex-presidents get to keep theirs.

Barb McQuade says that the FBI often takes passports when conducting search warrants as a way of verifying the identify of the person whose materials have been collected in the search, and that the passports presumably will be photocopied and then returned to Donald Trump. (I wouldn't be surprised to learn that the FBI had already told Trump that they would shortly be returning his passports, and that's what prompted him to mention it today.)

[Voronwë the Faithful]

[Voronwë the Faithful]

[River]

Well he can travel on his diplomatic passport but I'm not sure why he'd still have a valid one of those when his official passport has expired.
And I guess he never got around to renewing his standard blue cover job? How disorganized is this guy anyway?

[Voronwë the Faithful]

Judge Reinhart has now scheduled an in person hearing on the motion to unseal the affidavit and other documents for Thrusday at 1:00 p.m. EDT.

[Alatar]

What I think when you say Judge Reinhart...

[N.E. Brigand]

The New York Times reports that as part of this investigation, the FBI interviewed former White House officials including Counsel Pat Cippolone and Deputy Counsel Patrick Philbin. Philbin apparently testified that he's tried to get Donald Trump to turn over certain materials to the National Archives, but that Trump refused, saying, "It's not theirs, it's mine."

[Voronwë the Faithful]

[N.E. Brigand]

This is a very helpful explanation of how the classification status of the documents will be determined. In order to prevent Donald Trump from graymailing the United States (i.e., from putting the Dept. of Justice in the position where the only way that Trump can be prosecuted is by revealing sensitive information in open court), there's a delicate balance to be struck between making sure that all the appropriate agencies see the relevant documents and keeping the documents from being shared too widely. Apparently even if the process moves swiftly, that step alone would take three weeks.

[Voronwë the Faithful]

That's is a very helpful explanation but I found this one a bit naive:



Jim Jordan would worry about silly things like who actually really is involved in deciding who to subpoena. It will be purely determined by scoring political points.

[Voronwë the Faithful]

[Voronwë the Faithful]

[Sunsilver]

Trump is rushing to hire seasoned lawyers — but he keeps hearing ‘No’

Gee, I wonder why!

[Voronwë the Faithful]

From Judicial Watch's reply brief to the DoJ opposition to unsealing the affadavit:

The public interest in the contents of the affidavit cannot be understated. The secrecy surrounding the search warrant, and the affidavit that led to its issuance, has caused the nation to convulse with intrigue and harmful speculation that will only increase the longer the truth is kept from the public. The heat must be replaced with light, and soon. Maintaining the seal will only fuel more speculation, uncertainty, leaks, and political intrigue and it will also serve to undermine public confidence in the fair administration of justice and equal protection of the law. Considering the gravity of this unprecedented action by the government, at a minimum, the Court should review the affidavit line-by-line to determine what information may be disclosed and what information may be redacted to balance the competing concerns at issue.

5. The unsealing of the warrant and inventory list has not satisfied the public interest. If anything, disclosure of the inventory of records seized during the search has only further inflamed public debate about the search and increased public interest in the disclosure of as much of the affidavit as possible.

6. Relatedly, and as has been widely reported, President Trump has also called for the immediate release of the completely unredacted search warrant affidavit.2

Footnote 2 links to Trump's "Truth Social" post from Monday which reads: "There is no way to justify the unannounced RAID of Mar-a-Lago, the home of the 45th President of the United States (who got more votes, by far, than any sitting President in the history of our Country!), by a very large number of gun toting FBI Agents, and the Department of “Justice” but, in the interest of TRANSPARENCY, I call for the immediate release of the completely Unredacted Affidavit pertaining to this horrible and shocking BREAK-IN. Also, the Judge on this case should recuse!"

Um, not sure that is the best tactic to use to convince the judge to unseal the affadavit.

[Voronwë the Faithful]

Much more competent reply brief filed jointly on behalf of all of the media interveners.

[Voronwë the Faithful]

Trump considering releasing surveillance footage of FBI Mar-a-Lago search

[River]

...and then he and his enablers will complain about the "leak" I assume.