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

[Voronwë the Faithful]

More from Andrew Weissmann

[Voronwë the Faithful]

This is a very important point which helps show that the DoJ is focused on Trump's liability, not his minions.

[N.E. Brigand]

This is a very important point which helps show that the DoJ is focused on Trump's liability, not his minions.

That carpet looks fairly clean. Who vacuumed it and do they have the appropriate security clearance or if not, were they closely supervised while working in that space?

Speaking of unauthorized access to sensitive documents, this article in Politico notes that Donald Trump's attorney, Alina Habba, testified in May that she "conducted a search of Trump’s private residence and office at Mar-a-Lago that was so 'diligent' it included 'all desks, drawers, nightstands, dressers, closets, etc.' She was looking for records in response to a subpoena issued by New York Attorney General Letitia James, who is investigating matters related to the Trump Organization."

[Voronwë the Faithful]

MAGA - Making attorneys get attorneys.

Meanwhile Trump is doing himself no favors.

[N.E. Brigand]

Asha Rangappa, a former FBI agent who writes and speaks on legal and national security matters, explains how Donald Trump's handling of classified documents differs from that of another famous case in which such things were investigated:

Hillary Clinton:
-- had just five classified documents;
-- was a government employee at the time
-- with a Top Secret/SCI clearance;
-- was communicating with people authorized to receive the information
-- in the course of official business; and
-- cooperated.

Fast-talking conservative Ben Shapiro demonstrates how Donald Trump's defenders just don't get this. He even quotes from James Comey's statement when he announced in July 2016 that he was recommending no charges be brought against Hillary Clinton for mishandling classified information (the numbers are my addition):

In looking aback at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: [1] clearly intentional and willful mishandling of classified information; or [2] vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or [3] indications of disloyalty to the United States; or [4] efforts to obstruct justice. We do not see those things here.

It appears to me that Trump engaged in #1, #2, and #4. (I personally think #3 is pretty likely, too, but we haven't seen direct evidence of it in this situation.) He kept the materials -- and didn't secure them -- despite being repeatedly asked to return them and being advised about security requirements. He had hundreds of classified documents. And he lied to investigators about having them.

Yet despite all of that, Shapiro argues that charges can't be brought because Trump's intent can't be shown: Shapiro says Trump probably just "likes hoarding stuff and doesn't like giving stuff to people who demand said stuff." But that's beside the point! If I steal your car, I don't get a pass if I only did it for a thrill and not for financial gain.

I cite this because Shapiro is generally thought of on the right as being a smart guy.

[Voronwë the Faithful]

Even Andrew McCarthy thinks Trump is going to be charged.

Why Yesterday’s DOJ Filing Suggests a Trump Indictment Is Coming

[Voronwë the Faithful]

Another admission from fpotus

[River]

I just came in to see if anyone else had seen that...

It's cartoonish.

I hear he's retained defense counsel. Are we going to hear in the next 24 he's lawyer shopping again? Or is his lawyer going to find a way, in simple terms even Trump can understand, that the only hope he has right now depends on him going radio silent on this matter? Or are we going to end up in a scenario where he's arrested and found legally incompetent to stand trial on the grounds he doesn't understand what's happening and can't have a coherent conversation with his lawyer (kinda like the Boulder King Soopers shooter, except instead of bodies on a floor it's classified documents)?

[Voronwë the Faithful]

I think Weissmann is being kind here.

[Voronwë the Faithful]

[Voronwë the Faithful]

Sadly, Marcy is probably right.

[N.E. Brigand]

Donald Trump's filing repeatedly refers to him as "a President," but he's not. When former presidents are addressed as "President Bush" or "President Obama," that's just a courtesy title.

[N.E. Brigand]

From the filing: "The Government should provide to the special master and to the Movant a copy of the seized materials [...]".

Regardless of whether or not a special master is appointed, I think there's no way the second half of this request is ever granted, no matter what Judge Cannon says. The White House would eventually have to weigh in, and President Biden would say, "No. In the interest of national security, I already revoked Donald Trump's security clearance in January 2021, and in the interest of national security, he will never be allowed to possess classified documents again." The best that Trump can hope for is that to prevent national security from being further breached, no charges will be filed against him regarding the stolen documents, i.e., that he successfully graymails the U.S. government. That may be what he's trying for! (And perhaps Judge Cannon is ready to help him commit such extortion.) The only way Trump ever sees any of these documents is if charges are brought and the case goes to trial, in which case he'll see just a handful: only as many as the Dept. of Justice feels it needs to prove its case.

[Voronwë the Faithful]

I don't think even Judge Cannon would do that.

The filing was truly as bad as could be. But so were their other two filings, and they led to her making the utterly unheard of step of announcing her "intention" before even giving the other side an opportunity to be heard. I cannot emphasize how unheard of that is.

[N.E. Brigand]

Speaking of unauthorized access to sensitive documents, this article in Politico notes that Donald Trump's attorney, Alina Habba, testified in May that she "conducted a search of Trump’s private residence and office at Mar-a-Lago that was so 'diligent' it included 'all desks, drawers, nightstands, dressers, closets, etc.' She was looking for records in response to a subpoena issued by New York Attorney General Letitia James, who is investigating matters related to the Trump Organization."

Habba said on Fox News tonight that Donald Trump frequently has guests in a room where a number of top secret documents were found by the FBI.

Again, she's Trump's attorney.

- - - - - - - - - -
A lot of conservative commentators are upset that the Dept. of Justice released that photo showing the classified documents found in that room spread out (by the FBI for display (as opposed to the photos the FBI surely also took of the documents as they were stored in a box in that room). But I bet those same conservatives love the drug bust photos that police regularly release after raids showing all the contraband seized. Law and order for thee but not for me!

[Voronwë the Faithful]

This seems very likely to me.


ETA: and

[Voronwë the Faithful]

Several have observed this point.

[elengil]

One thing I haven't seen anyone mention - and maybe they find it immaterial - but regardless of the status of the documents as classified or whatnot, the government (the actual active government) still needs the information in those documents!

Like, okay maybe they have copies? (doubtful if the archives are looking to recover them) but if they contain anything the government might need to either know or be able to reference at some point... I mean even if you ignore the classified status of the information, it's still information that they need to have!

It's like if you left a job and took the manuals on how to perform your task. Sure okay maybe it's not "classified" information, maybe it's not "proprietary" data, but the information needs to be available to the person who took over your job in order to now do their job!

[Voronwë the Faithful]

While it is not put quite like that, that is a big part of the argument made by the DoJ in their filing. The documents belong the government (as the representatives of the People) of the U.S. Trump stole them from their rightful owner. This set of tweets gives a very good analogy.

[Voronwë the Faithful]

Meanwhile, Judge Cannon has ordered that WIFI be turned off in her courtroom and banned texting, so that no one can report on the hearing that is presumably going on right now (it was scheduled to start at 1:00 p.m. EDT). That does not bode well.