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    Trump seized classified documents – but for Republicans the story is Hunter Biden’s laptop | Lawrence Douglas

    Trump seized classified documents – but for Republicans the story is Hunter Biden’s laptopLawrence DouglasThere was a time when Republican lawmakers took dangerous security breaches seriously but Trump’s actions are unworthy of attention for the likes of Senator Ron Johnson In a Friday appearance on Newsmax, the rightwing media site, Ron Johnson blasted the FBI for not being aggressive enough in following the evidence. Was the great patriotic Republican senator from Wisconsin angry that the FBI had waited too long before searching Mar-a-Lago for illegally stashed documents critical to US national security? Hardly. What agitated Johnson was an alleged whistleblower’s complaint that the FBI had failed to take the “necessary investigative steps after receiving Hunter Biden’s laptop”.Remember laptop-gate? The FBI received the laptop back in 2020 from a computer repair shop owner who claimed the PC had been left in his shop but never retrieved by Hunter Biden. Analysts determined that much of the data was a “disaster” from a forensics standpoint, as the hard-drive had clearly been accessed by persons other than Biden’s son. Nonetheless, after exhaustive studies completed earlier this year, both the New York Times and the Washington Post concluded that some of the retrieved material had been authentic; and while it showed that Hunter clearly tried to trade on his father’s name, it failed to indicate any corruption on Joe Biden’s part.For the likes of Senator Johnson, the laptop remains the story of the hour. Unworthy of the senator’s attention was the release of the redacted affidavit that indicated former president Trump, in defiance of a subpoena, had refused to hand over documents that had the highest security classification and arguably included the names of American intelligence assets abroad. There was a time when Republican lawmakers took dangerous security breaches seriously. But this was back when Republican lawmakers also recognized the possibility of electoral defeat after a fair vote.Senator Johnson was hardly alone in his peculiar priorities. The Florida governor, Ron DeSantis, attacked the “raid” on Mar-a-Lago as “another escalation in the weaponization of federal agencies against the Regime’s political opponents, while people like Hunter Biden get treated with kid gloves”. Also joining the attack was former secretary of state Mike Pompeo, who earlier lamented, “look what the DoJ did … to President Trump, while it slow-rolls and looks the other way on Hunter Biden”. And while Senator Johnson is yet to join Marjorie Taylor Greene and Paul Gosar in their calls to “defund the FBI”, the Wisconsin senator insists the handling of the laptop affair demonstrates the FBI’s “corruption”; the bureau, he concludes, is “not to be trusted”.If we struggle to characterize the unrelenting efforts of those like Johnson, who defend Trump through systematic misdirection and by attacking the integrity of US institutions of law enforcement, President Biden himself supplied a helpful term – “semi-fascism”. In a speech given last Thursday, the president rightly described “Maga Republicans” as a “threat to our very democracy”.The rise of semi-fascism within the heart of the Republican party underscores the exceptional risks in indicting Trump and bringing him to trial. That some form of indictment will soon follow now seems increasingly likely. The redacted affidavit reveals that in hoarding and refusing to surrender government documents, Trump may have violated three separate federal criminal statutes, which carry penalties from three to 20 years imprisonment. And this investigation is unrelated to the criminal fraud inquiry in Manhattan; the election interference investigation in Georgia; and the Department of Justice’s examination of the election tampering scheme that culminated in the violence of January 6.While many no doubt eagerly look forward to Trump’s day of legal reckoning, dread is the more proper response. When even a Maga-lite lawmaker like the Florida senator Marco Rubio counters the president’s claim of authoritarian strains within the Republican party by tinnily declaring, “If you’re looking for authoritarianism, look no further than what happened under the watch of Anthony Fauci and his allies in the elite establishment,” we know that any future indictment will be greeted by hysterical and violent attacks on the integrity of the US system of justice.And yet the costs of inaction are greater still than the costs of moving against Trump. A failure to indict born of fear of the political risks of doing so suggests that Trump and the semi-fascists have already succeeded in deforming the rule of law in America. Holding Trump to legal account may not succeed; it may trigger civil unrest and redound to his favor. But it may also begin a long, painful process of removing the poison of Maga authoritarianism from our body politic.Those who cherish democracy need to call out the proto-fascist tendencies now seizing the Trump-occupied Republican party.
    Lawrence Douglas is the author, most recently, of Will He Go? Trump and the Looming Election Meltdown in 2020. He is a contributing opinion writer for the Guardian US and teaches at Amherst College
    TopicsUS newsOpinionUS politicsMar-a-LagoDonald TrumpHunter BidenJoe BidenRepublicanscommentReuse this content More

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    US investigates fake heiress who infiltrated Trump’s Mar-a-Lago resort

    US investigates fake heiress who infiltrated Trump’s Mar-a-Lago resortA Ukrainian woman posed as a Rothschild to gain access to the Florida resort, heightening fears over security lapses A second foreign national is being investigated by US authorities for gaining access to Mar-a-Lago, Donald Trump’s Florida resort which is at the center of an FBI probe over missing classified documents, heightening fears over security lapses both during and after his presidency.According to an article from the Organized Crime & Corruption Reporting Project (OCCRP), a Ukrainian woman posing as a member of the Rothschild banking dynasty is under bureau investigation after infiltrating the private members club under a false pretense.IRS to review security at facilities as threats from extremists increaseRead moreInna Yashchyshyn, 33, allegedly lied to members that she was a Rothschild heiress and mingled with Trump, US Senator Lindsey Graham of South Carolina and others at Mar-a-Lago functions.OCCRP, in conjunction with the Pittsburgh Gazette, reported that Yashchyshyn had demonstrated “the ease with which someone with a fake identity and shadowy background” could bypass security at Trump’s club.Earlier this month, the FBI obtained a warrant to search Mar-a-Lago as part of a criminal probe over the unauthorized retention of government secrets by Trump and his aides, who failed to return the documents in question despite repeated requests.On Saturday, Congress members Adam Schiff and Carolyn Maloney – respectively, the chairpersons for the House intelligence and oversight committees – said that the US intelligence director, Avril Haines, had confirmed that her subordinates, along with the Justice Department, would evaluate whether the improper storage of classified documents at Mar-a-Lago had risked or caused any damage to national security.The search came a month after the heads of the FBI and Britain’s domestic security service MI5 issued a sharp warning about systemic challenges posed to western economies and governments by Chinese espionage.Yashchyshyn – the daughter of an Illinois truck driver – maintained that she was a Rothschild heiress while holding a position as president of United Hearts of Mercy, founded by Florida-based Russian oligarch Valery Tarasenko in Canada in 2015.OCCRP and the Post-Gazette reported that “both the FBI’s office in Miami and the Sûreté du Québec provincial police in Canada have launched investigations that touch on her dealings”.While the FBI refused to comment, its Canadian counterpart confirmed that its major crimes unit launched an investigation into Yashchyshyn earlier this year.Word of the investigation into Yashchyshyn comes three years after a Chinese national approached a Secret Service agent outside Mar-a-Lago and claimed to be a member who wanted to use the pool. After passing the checkpoint, Yujing Zhang told a receptionist she was there to attend an event given by the United Nations Chinese American Association.But no such event was on the calendar, and agents later found that she was carrying two Chinese passports, $8,000 in cash, four cellphones, a laptop computer, an external hard drive, a thumb drive containing computer malware – but no swimsuit.She also claimed to speak English poorly, though agents later testified that Zhang spoke and read English well.Zhang was charged with making false statements to federal agents and illegally entering a restricted area. Zhang later received an eight-month prison sentence and was deported to China after being convicted of trespassing and lying to Secret Service agents.The security lapses at the club involving Zhang and Yashchyshyn for some called to mind an episode early in Trump’s presidency where he was talking with then-Japanese prime minister Shinzo Abe on a patio about a response to a North Korea missile test while diners looked on.In a particularly stunning moment, a guest who snapped a picture of Trump and Abe later took a selfie with a military aide carrying the black leather satchel carrying the codes needed to launch a nuclear strike, which is nicknamed “the football”.“It’s unheard of,” a deputy national security adviser to Joe Biden in the Barack Obama White House said at the time. “These people operate behind the scenes. I don’t think this team has any appreciation about the vulnerabilities they are creating for themselves and how dangerous this is.”The Trump White House press secretary at the time, Sean Spicer, later insisted that no classified information was discussed and the leaders’ discussions were focused on the logistics of press statements they were to give.Abe, who left office in 2020, was assassinated while giving a campaign speech in the Japanese city of Nara last month in an unrelated case.New details into the FBI’s search of Mar-a-Lago emerged Friday when a heavily redacted affidavit justifying the search explained how investigators believed that highly sensitive national defense information and evidence of obstruction of justice were at the ex-president’s property.The document detailed how an FBI review of materials Trump had returned to the National Archives in May 2022 concluded that he had kept sensitive government secrets at Mar-a-Lago.The justice department said among the documents recovered by the National Archives, 184 had classification markings. Some were stamped “SI” for special intelligence, “HCS” for intelligence from human clandestine sources, and “NOFORN” for “Not Releasable to Foreign Nationals”.TopicsDonald TrumpMar-a-LagoFBIUS politicsnewsReuse this content More

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    The FBI’s Mar-a-Lago affidavit paints an unsettling portrait of Trump | Lloyd Green

    The FBI’s Mar-a-Lago affidavit paints an unsettling portrait of TrumpLloyd GreenAccording to the affidavit, the government previously found in Trump’s possession 184 documents marked ‘classified’, 67 marked ‘confidential’, 92 marked ‘secret’, and 25 ‘top secret’ Donald Trump is a life-long teetotaler. But at this moment, he may want to re-consider his commitment to sobriety.Early on Friday afternoon, a heavily redacted version of the much-vaunted FBI affidavit went public. It did not paint a flattering portrait of the 45th president or his environs.“[P]robable cause exists to believe that evidence, contraband, fruits of crime, or other items illegally possessed … will be found at the premises,” it read. Prison times under the statutes cited in the affidavit run the gamut from three to 20 years, depending on the specific offense.Redacted Trump Mar-a-Lago affidavit released: five key takeawaysRead moreSection 793 addresses defense information and section 1519 is directed at the “destruction, alteration, or falsification of records in Federal investigations and bankruptcy.” Section 2071 speaks to the “concealment, removal, or mutilation” of documents.For Trump, a candidate and incumbent who made “lock her up” a rallying cry, the latest developments make him look ridiculous. And that is being generous.These developments also place an unwelcome millstone around the neck of the Republicans – who pride themselves on law, order and national security – as the US careens toward its midterm elections.Despite being heavily redacted, the affidavit says plenty. Mar-a-Lago had become a storage facility for documents that Trump should never have transported when he exited the White House. Unfortunately, he believed the mantra of Louis XIV, France’s Sun King: “L’état, c’est moi.”In May 2022, according to the affidavit, the government found in Trump’s possession 184 documents marked “classified”; 67 marked “confidential”; 92 marked “secret”; and 25 marked “top secret.” But Trump’s nightmare doesn’t end there.FBI agents “observed markings reflecting” human intelligence sources and other highly sensitive intelligence categories, the affidavit says. Trump, an ex-reality show host, makes Hillary Clinton look almost fastidious.Or as Trump framed things on social media, “WE GAVE THEM MUCH.” To be sure, he did not say, “WE GAVE THEM ALL.” Here, it is a distinction with real world significance.As the affidavit hit the docket, reports emerged of a woman posing as a member of the Rothschild family playing golf with Trump and Lindsey Graham while ingratiating herself with Trump’s supporters. Talk about synchronicity.The incidents are under active investigation in the US and Canada. Her alleged real identity is Inna Yashchyshyn, a Russian-speaking immigrant from Ukraine.This latest episode stands as a cross between Maria Butina and Inventing Anna. Life imitates life. History can be repetitive. One thing is clear, security is not a primary concern for Trump.Meanwhile, the clock ticks down for Merrick Garland, the attorney general, and Trump. Under justice department practice, politically sensitive prosecutions cannot be launched within 60 days of an election.As a result, Labor Day in early September marks a cut-off for indicting Trump until after November’s congressional contests. Two related questions are “if and when” Trump declares his candidacy for the 2024 Republican presidential nomination.One way or another, the former guy will appear on this fall’s ballot. Beyond that, the release of the redacted affidavit raises the issue of disclosure of a non-redacted version by the Biden administration to the senior members of Congress, the so-called Gang of Eight.By law, the Speaker of the House, the House minority leader, the Senate’s majority and minority leaders, together with the chairs and ranking minority members of the intelligence committees of both houses of Congress are entitled to be briefed on covert actions.They have reportedly requested relevant information.To be sure, the FBI frowns on briefing Congress on open investigations. Here, however, the barn door is wide open. The horse has bolted. Indeed, it was Trump who publicized the court-approved search.The Guardian’s Hugo Lowell has reported that the “[s]ourcing and information the FBI would’ve needed to pinpoint those locations with such confidence, suggests [that] there are people close to the former president potentially cooperating with this investigation”.Can you say, “GoodFellas and Henry Hill”? In other words, the walls around Trump may be closing. A man with few friends, he may need someone he can talk to without furthering a conspiracy or paying $1,000 an hour.Signs are not encouraging. Earlier this week, Jared Kushner, whose own father received a Trump pardon, scrambled to distance himself from Ivanka’s dad.Asked by Fox News about Trump’s handling of classified material, Kushner demurred. “Like I said, I’m not familiar with what was in the boxes,” he answered. “But I think President Trump, he, uh, he governed in a very peculiar way and when he had his documents, I’m assuming he did what he thought was appropriate.”And if Trump can’t count on his son-in-law to deliver something other than a potpourri of word salad, who can he trust?
    Lloyd Green served in the Department of Justice from 1990 to 1992
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    DoJ to release redacted Trump Mar-a-Lago affidavit after judge’s order

    DoJ to release redacted Trump Mar-a-Lago affidavit after judge’s orderAffidavit contains key information about investigation into retention of government secrets at ex-president’s Florida home The justice department is expected to file on Friday a redacted version of the affidavit justifying the search warrant used to seize sensitive government documents from Donald Trump’s Mar-a-Lago resort in Florida earlier this month, after being ordered to do so by a federal judge.The order from judge Bruce Reinhart, who approved the warrant and is overseeing the case from West Palm Beach, Florida, instructed the justice department to submit the redacted affidavit that he had reviewed – itself previously under seal – in the public docket before noon.In an earlier two-page ruling, the judge said the justice department’s proposed redactions were narrowly tailored to keep secret grand jury material, the identities of uncharged individuals and sources and methods used in the criminal investigation – and the remainder could become public.“The government has met its burden of showing that its proposed redactions are narrowly tailored to serve the government’s legitimate interest in the integrity of the ongoing investigation and are the least onerous alternative to sealing the entire Affidavit,” Reinhart wrote.The affidavit contains key information – notably the probable cause – about the justice department’s investigation into the unauthorized retention of government secrets at Mar-a-Lago, which, according to the warrant, could constitute violations of at least three criminal statutes.The imminent partial release of the affidavit is set to prove a major juncture in the developing investigation, being led by the justice department’s national security division, and the attorney general, Merrick Garland, who personally approved the warrant after days of deliberations.Exactly how much of the affidavit will be redacted was not clear, but they are expected to be extensive. The justice department had originally opposed unsealing the affidavit at all, and only filed a redacted version after being forced by Reinhart last week.But depending on how the affidavit was produced, several former US attorneys said, it could also contain elements that are not directly related to the investigation, such as descriptions of potential crimes that the justice department suspected were being committed at Mar-a-Lago.The former president has indicated on his social media website that he supports unsealing the affidavit but his lawyers never filed a formal motion to that effect, and instead left the effort to a coalition of media outlets that pushed to have the affidavit become public.Trump has since filed a separate motion to have a so-called special master appointed to determine what seized materials prosecutors can use as evidence in the investigation, and to force the justice department to provide a more detailed list of what was retrieved by the FBI.TopicsDonald TrumpMar-a-LagoFBIUS politicsnewsReuse this content More

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    Trump appears to concede he illegally retained official documents

    Trump appears to concede he illegally retained official documentsCourt motion submitted by ex-president’s lawyers argues some materials seized by FBI could be subject to executive privilege Donald Trump appeared to concede in his court filing over the seizure of materials from his Florida resort that he unlawfully retained official government documents, as the former president argued that some of the documents collected by the FBI could be subject to executive privilege.The motion submitted on Monday by the former president’s lawyers argued that a court should appoint a so-called special master to separate out and determine what materials the justice department can review as evidence due to privilege issues.“The documents seized at Mar-a-Lago … were created during his term as President. Accordingly, the documents are presumptively privileged until proven otherwise,” the filing said. “Only an evaluation by a neutral reviewer, a Special Master, can secure the sanctity of these privileged materials.”But the argument from Trump that the documents are subject to executive privilege protections suggests those documents are official records – which he is not authorized to keep and should have turned over to the National Archives at the end of the administration.‘Donald kept our secret’: Mar-a-Lago stay saved Giuliani from drink and depression, book saysRead moreThe motion, in that regard, appeared to concede that Trump violated one of the criminal statutes listed on the warrant used by the FBI to search the former president’s Mar-a-Lago resort – 18 USC 2071 – concerning the unlawful removal of government records.“If he’s acknowledging that he’s in possession of documents that would have any colorable claim of executive privilege, those are by definition presidential records and belong at the National Archives,” said Asha Rangappa, a former FBI agent and former associate dean at Yale Law School.“And so it’s not clear that executive privilege would even be relevant to the particular crime he’s being investigated for and yet in this filing, he basically admits that he is in possession of them, which is what the government is trying to establish,” Rangappa said.Trump remains able to make the case that a special master should be appointed to review the seized documents, seek a more detailed receipt for what the FBI retrieved from Mar-a-Lago and restrain the justice department from further reviewing the materials until the process is complete.The reasoning, former US attorneys say, is that there could be communications seized by the FBI that are privileged, but not used in furtherance of a crime, and even if the justice department wanted to use them in its investigation, it should be precluded from doing so.Still, if Trump successfully argues the materials are protected by executive privilege, then he also successfully argues that he was in unlawful possession of official records. If he is unsuccessful, then executive privilege would not be a valid basis to seek a special master.A person directly involved in Trump’s legal defense noted – repeating parts in the filing – that the Presidential Records Act had no enforcement mechanism, even as they conceded that the justice department might pursue the privilege argument as a tacit admission.But Trump’s motion could throw up additional challenges for the former president, with additional passages in the filing laying out a months-long battle by the justice department to recover certain records in a pattern of interactions that could be construed as obstruction of justice.The search warrant for Mar-a-Lago listed obstruction for the statutes potentially violated, though it was not clear whether that was obstruction of the investigation into the very retrieval of government documents from Mar-a-Lago or for another, separate investigation.Yet the section in Trump’s motion titled “President Donald J Trump’s Voluntary Assistance” detailed the multiple steps the justice department took to initially retrieve 15 boxes in January, additional materials in June, and then 26 boxes when the FBI conducted its search.The filing discussed how Trump returned the 15 boxes to the National Archives, and then – one day after the National Archives told Trump’s lawyers that those boxes contained classified documents – “accepted service of a grand jury subpoena” for additional documents with classification markings.But despite taking custody of documents responsive to the subpoena, the justice department learned there may have been additional documents marked as classified, and issued a subpoena on 22 June demanding security camera footage of the hallway outside where the materials were being stored.That subpoena for security tapes, as well as a subsequent subpoena for CCTV footage of that area from just before the FBI search on 8 August, suggests the justice department did not think Trump was being entirely truthful or forthcoming in his interactions with the investigation.Those suspicions were well-founded: when the government retrieved materials from Mar-a-Lago on that second collection in June, Trump’s custodian of records attested they had given back documents responsive to the subpoena – only for the FBI to retrieve more boxes of classified materials.Separately, apart from late filing of the motion two weeks after the FBI search took place, the brief itself appears to be procedurally problematic.The motion was not filed in West Palm Beach, Florida, where the warrant was approved. Instead, it was filed in Fort Pierce, where the judge has no knowledge of the underlying affidavit – and could rule in such a way to reveal to Trump if he or his lawyers are suspects for obstruction.TopicsDonald TrumpMar-a-LagoFBILaw (US)US politicsnewsReuse this content More

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    Trump stash retrieved from Mar-a-Lago runs to hundreds of classified files

    Trump stash retrieved from Mar-a-Lago runs to hundreds of classified filesRecords show US government has retrieved highly sensitive materials from former president on three separate occasions Donald Trump has turned over to the government hundreds of documents marked as classified and improperly retained at his Mar-a-Lago resort in Florida, according to a review conducted by the National Archives, the custodian of presidential records, and sources familiar with the matter.Donald Trump reportedly kept hundreds of classified documents at Mar-a-Lago – liveRead moreThe government has retrieved highly sensitive materials on three separate occasions: one set of documents facilitated by the National Archives in January, one set went to the justice department in June, and another set was seized by the FBI in a search two weeks ago.An inventory of materials in that initial transfer showed the National Archives recovered from Trump more than 100 documents marked as classified – more than 700 pages in total – and some with “Special Access Program” markings that designate the highest level of classification.The disclosures, which came in a letter published by one of Trump’s liaisons with the National Archives on Tuesday, provides for the first time an official accounting of the volume and sensitivity of the documents hoarded by the former president since the end of his administration.And it helps to explain why the justice department opened a national security investigation into the unauthorized retention of government secrets by Trump that resulted in FBI agents executing a search warrant at Mar-a-Lago to recover any remaining official records.The volume and sensitivity of the documents recovered by the National Archives in January also sheds light on the justice department’s urgency to make repeated visits to the pay-for-membership resort and the push to have the FBI gather the materials after months of delay.Trump has pushed back at the FBI and, on Monday, his lawyers filed a motion seeking the appointment of a so-called special master to determine what seized materials can be used in a potential prosecution on the basis of executive and other privilege, instead of justice department “filter” teams.The motion also asks for a more detailed receipt of what was seized and, as the Guardian earlier reported on Saturday, that a court restricts the justice department from reviewing any more of the seized documents until a special master – usually a retired lawyer or judge – is appointed.If the documents are determined to be covered by executive privilege, then while Trump might not be entitled to keep them – they should reside at the National Archives – Trump could have a valid argument that the government cannot use it against him in a prosecution.The argument, according to several former US attorneys, is that the justice department should not be able to use in a prosecution any documents that are privileged but are not subject to the crime-fraud exception, which concerns materials have to do with, or is in furtherance of a crime.In essence, the argument goes, there could be materials or communications seized by the FBI that are privileged but not themselves be used in furtherance of a crime – that even if the justice department would like to use in a prosecution, should be excluded from the evidence.According to reporting by the Guardian and others, shortly after opening the investigation, the justice department grew concerned that there might be additional classified materials being retained at Mar-a-Lago that they needed to collect, according to sources briefed on the matter.The justice department interviewed a number of witnesses, and in May issued a subpoena for remaining classified documents. The following month, Jay Bratt, the chief of the counterintelligence section at the agency, and three other officials went to Florida to retrieve the materials.At the June visit, one of Trump’s attorneys, Evan Corcoran sifted through boxes of documents brought from the White House and stacked in a storage area at Mar-a-Lago to identify responsive documents, and drafted a statement attesting to what they were giving over to Bratt.The statement was signed by the custodian of records. The custodian is understood to be another Trump lawyer, Christina Bobb, though a person close to Trump declined to confirm or deny whether she was the custodian.But the justice department then came across evidence that Trump might be holding on to additional classified documents, including in his office at Mar-a-Lago, the former president’s principal residence during the winter until mid-July, when he decamps to his New Jersey golf course.The justice department were also alarmed that after it subpoenaed the Trump Organization, which runs the Mar-a-Lago property, on 22 June for security camera footage including of the hallway directly outside the storage area, it showed people taking boxes in and out.It was not clear whether the boxes seen on the security camera tape were related to presidential or government records. The New York Times reported that the justice department is now also seeking footage from the weeks leading up to the FBI search conducted on 8 August.TopicsDonald TrumpFBIUS politicsFloridanewsReuse this content More

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    Trump sues US government over FBI search of Mar-a-Lago

    Trump sues US government over FBI search of Mar-a-LagoEx-president seeks to prevent bureau from reading seized documents until court official weighs in Donald Trump on Monday filed suit against the US government over the FBI search of his Mar-a-Lago home, seeking to temporarily stop the bureau reading seized materials until a special court official can be appointed to review documents concerned.As the Guardian reported on Saturday, citing Trump’s lead attorney, Jim Trusty, and two sources familiar with the matter, “the suit argues that the court should appoint a special master – usually a retired lawyer or judge – because the FBI potentially seized privileged materials in its search and the Department of Justice (DoJ) should not itself decide what it can use in its investigation”.The suit, filed in US district court for the southern district of Florida, also “requires the government to provide a more detailed receipt for property; and … requires the government to return any item seized that was not within the scope of the search warrant”.The Mar-a-Lago search, on 8 August, was mounted to look for official records and material from Trump’s presidency that the National Archives and DoJ believe was improperly taken from the White House when Trump left office.Cheney vows to fight other Republicans who embrace Trump’s election lieRead moreIt has been reported that the search was carried out under the Espionage Act, and that some material sought concerned nuclear weapons.The search has generally been held to have added significantly to Trump’s legal jeopardy, which stretches from investigations of his business affairs in New York to investigations of his attempts to overturn election results.Trump refused to admit defeat by Joe Biden in 2020, claiming widespread electoral fraud, a lie that stoked his incitement of the deadly attack on the US Capitol by his supporters on 6 January 2021.Despite a series of public hearings held by a House committee investigating the attack on Congress and Trump’s election subversion, Trump’s grip on the Republican party remains strong.The former president seized on the FBI search at Mar-a-Lago to claim mistreatment by the Biden administration, a stance backed by Republicans in Congress and the party’s electoral base.The suit filed on Monday called the search “a shockingly aggressive move” with “no understanding of the distress that it would cause most Americans”. It laid out a partial view of how the search unfolded and alleged unfair actions by the DoJ.Earlier on Monday, a federal judge considering an attempt by media organizations to unseal the warrant used to justify the search said he had not yet decided if the release of a redacted version would serve any useful purpose.The judge, Bruce Reinhart, wrote: “I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion after hearing further from the government.”The DoJ opposes release of the warrant, citing an ongoing investigation.The suit Trump filed on Monday also sought to draw attention to his continued suggestions that he will soon announce another run for the White House.“Politics cannot be allowed to impact the administration of justice,” it said. “President Donald J Trump is the clear frontrunner in the 2024 Republican presidential primary and in the 2024 general election, should he decide to run.“Beyond that, his endorsement in the 2022 midterm elections has been decisive for Republican candidates.”The suit also says: “Law enforcement is a shield that protects Americans. It cannot be used as a weapon for political purposes.”TopicsDonald TrumpUS politicsBiden administrationFBInewsReuse this content More

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    Anthony Fauci to step down as chief US medical adviser at end of year – as it happened

    Anthony Fauci, the US government’s top doctor who became perhaps the most recognizable face of the White House’s response to Covid-19 during the Trump and Biden administrations, announced that he will step down from his post in December.“I am announcing today that I will be stepping down from the positions of Director of the National Institute of Allergy and Infectious Diseases (NIAID) and Chief of the NIAID Laboratory of Immunoregulation, as well as the position of Chief Medical Advisor to President Joe Biden. I will be leaving these positions in December of this year to pursue the next chapter of my career,” Fauci said in a statement.He highlighted his 38 years heading NIAID and his work combatting several diseases, including HIV/Aids, Zika and Ebola, in addition to Covid-19. While he appeared alongside Donald Trump in the news conferences during the pandemic’s early days, the president and his supporters soured on Fauci, and Trump at one point referred to him as “a disaster”.“I am particularly proud to have served as the Chief Medical Advisor to President Joe Biden since the very first day of his administration” Fauci wrote.In a statement, Biden said, “Because of Dr Fauci’s many contributions to public health, lives here in the United States and around the world have been saved. As he leaves his position in the US government, I know the American people and the entire world will continue to benefit from Dr Fauci’s expertise in whatever he does next. Whether you’ve met him personally or not, he has touched all Americans’ lives with his work. I extend my deepest thanks for his public service.”While Fauci had previewed a potential retirement last month, he clarified that he is “not retiring”.“After more than 50 years of government service, I plan to pursue the next phase of my career while I still have so much energy and passion for my field,” Fauci said.The United States’ top infectious disease doctor Anthony Fauci announced he would step down in December, ending his nearly four decades of service after becoming a national name during the Covid-19 pandemic. Meanwhile, a new poll showed Republicans coalescing around Donald Trump following the FBI’s search of Mar-a-Lago, while Democratic voters showed surprising enthusiasm for the upcoming midterms.Here’s what else has happened today so far:
    Trump’s legal problems could actually hurt him among Republicans, The Washington Post posited, reasoning that other GOP candidates might offer voters the same policies with less political baggage.
    A federal magistrate judge now looks to be leaning against releasing much of the affidavit justifying the FBI’s search of Mar-a-Lago.
    Conservatives cheered Fauci’s departure announcement, while House Republicans signaled they expected answers from him if they retook the chamber following the midterms.
    Rusty Bowers, formerly a top Arizona Republican state lawmaker who was ousted by GOP voters for defying Trump, talked to The Guardian about his decision.
    In rural Texas, the climate for polling officials has become so bad the entire election department of a rural county resigned weeks before the midterm elections, the Associated Press reports.The officials said they’d been threatened and harassed for their work in Gillespie County, which is heavily Republican and overwhelmingly voted for Trump in the 2020 election, and didn’t want to relive the experience. Across the state, voters are struggling to cast valid ballots following the passage of a strict election law last year that led to thousands of mail-in ballot applications being rejected in recent polls.Here’s more from the AP:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Part of why Terry Hamilton says he abruptly left his job running elections deep in Texas wine country is by now a familiar story in America: He became fed up with the harassment that followed the 2020 election.
    But this was no ordinary exit.
    On the brink of November’s midterm elections, it was not just Hamilton who up and quit this month but also the only other full-time election worker in rural Gillespie County. The sudden emptying of an entire local elections department came less than 70 days before voters start casting ballots.
    By the middle of last week, no one was left at the darkened and locked elections office in a metal building annex off the main road in Fredericksburg. A “Your Vote Counts” poster hung in a window by the door.
    A scramble is now underway to train replacements and ground them in layers of new Texas voting laws that are among the strictest in the U.S. That includes assistance from the Texas Secretary of State, whose spokesperson could not recall a similar instance in which an elections office was racing to start over with a completely new staff. But the headaches don’t stop there.
    The resignations have more broadly made the county of roughly 27,000 residents — which overwhelmingly backed former President Donald Trump in 2020 — an extraordinary example of the fallout resulting from threats to election officials. Officials and voting experts worry that a new wave of harassment or worse will return in November, fueled by false claims of widespread fraud.
    Hamilton, who has clashed with poll watchers in Gillespie County in past elections, said he didn’t want to go through it again.
    “That’s the one thing we can’t understand. Their candidate won, heavily,” Hamilton said. “But there’s fraud here?”The top House Republican Kevin McCarthy has given the clearest indication yet that the GOP intends to call Anthony Fauci to testify, should they gain control following the November elections:Dr. Fauci lost the trust of the American people when his guidance unnecessarily kept schools closed and businesses shut while obscuring questions about his knowledge on the origins of COVID. He owes the American people answers. A @HouseGOP majority will hold him accountable.— Kevin McCarthy (@GOPLeader) August 22, 2022
    A magistrate judge indicates he may be leaning towards keeping the affidavit justifying the search warrant for Mar-a-Lago away from public eyes, HuffPost reports.Bruce Reinhart is the magistrate judge handling requests from news organizations and others to make public the affidavit justifying the FBI’s entry into Mar-a-Lago earlier this month, where they were investigating potentially unlawful keeping of government secrets by former president Donald Trump. At a court hearing last week, he sounded sympathetic towards at least partially releasing the document, but now seems to have changed his mind. Here’s more from HuffPost:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}“Having carefully reviewed the affidavit before signing the warrant, I was — and am — satisfied that the facts sworn by the affiant are reliable,” Magistrate Judge Bruce Reinhart wrote in a 13-page order based on a hearing in his courtroom last week.
    Reinhart said during the hearing that he was leaning toward publicly releasing a redacted version of the affidavit — with names of FBI agents, witnesses and investigative details blacked out. He ordered prosecutors to provide him such redactions by Thursday, and said he would then decide whether to release that version or propose his own.
    On Monday, Reinhart said he may decide prosecutors were correct when they argued that the necessary redactions would make what was left lacking in both content and context.
    “I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion after hearing further from the government,” Reinhart wrote.
    Releasing the entire affidavit, the judge said, would hurt the ongoing criminal investigation by revealing names of witnesses and investigative techniques, which could lead to “obstruction of justice and witness intimidation or retaliation” in the first instance and damage prosecutors’ ability to continue gathering information in the second.
    Both of those arguments were laid out by Department of Justice lawyers in their written filing and during last week’s hearing. Reinhart added one new argument of his own: that releasing the affidavit would make public details about the physical layout of Mar-a-Lago, which would make the Secret Service’s job of protecting the former president more difficult.
    “This factor weighs in favor of sealing,” he wrote.Judge orders DoJ to prepare redacted Trump search affidavit for possible releaseRead moreThe Democratic-controlled Congress has in recent months managed to pass major legislation addressing health care costs, fighting climate change and boosting semiconductor production, on top of last year’s Covid-19 relief bill and overhaul of the nation’s infrastructure.So what will Democrats do when they return from recess to start what could be their final months controlling both chambers of Congress? According to Politico, the Senate will likely be stepping up the process of confirming federal judges, giving Joe Biden the chance to leave his mark on the nation’s judiciary. While the confirmations wouldn’t undo the conservative majority on the supreme court, appointing Democratic-aligned judges to the lower ranks of the federal judiciary improves the chances that laws and policies from across the country survive court challenges. It’s also a tacit recognition that high inflation and Biden’s low approval ratings mean the party could lose control of the chamber in a few months time, and the new Republican majority may stop confirming judges altogether.Here’s more from Politico:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}While President Joe Biden has seen more judges confirmed at this point in his presidency than his three White House predecessors, some Senate Democrats and progressive advocacy groups want the chamber to start picking up the pace. Judicial confirmations will come to a standstill if Republicans win back the Senate in the fall, they warn.
    Sen. Elizabeth Warren (D-Mass.) put it this way: “Democrats really need to step up on judges.”
    Warren added that she’s spoken to Majority Whip and Judiciary Chair Dick Durbin (D-Ill.), “who I know feels the urgency of this moment, and he was talking about how much we’re going to have to double down in September,” she said. “We need more days, more hearings, more everything but we need to get these judges through.”
    The prospect of a September dominated by judicial confirmations comes as the Senate continues to openly mull the rest of its fall legislative agenda. The chamber is expected to vote again on legislation to cap the cost of insulin and could take up a same-sex marriage bill. Government funding also runs out at the end of September. Sen. Joe Manchin (D-W.Va.) and Democratic leaders say they’ve reached an agreement to include permitting reform as part of a funding package to keep the government open.
    But the focus on judges, in addition to a boon for progressives who want to see a faster pace, is a clear sign that the legislative agenda is slowing down ahead of November. Nominees had to compete for summer floor time with Democrats’ other priorities, including their signature climate, prescription and tax package, legislation to increase semiconductor manufacturing and a veterans health care bill. With those bills now sent to Biden’s desk, the Senate can spend more floor time on confirmations.The top Democratic and Republican lawmakers in Congress are pressing the Biden administration to allow them access to documents seized from Donald Trump’s Mar-a-Lago compound earlier this month, Politico reports.The request comes from the so-called “gang of eight”, which consists of the Democratic and Republican leaders in the House and Senate, plus the heads of the chambers’ intelligence committees.Here’s more from the story:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Privately, Capitol Hill aides have expressed frustration about the fact that Congress has learned little about the investigation into the former president, especially since it reportedly involves matters of national security. The executive branch has historically resisted congressional inquiries about ongoing law-enforcement actions, arguing that it could compromise the investigation.
    The FBI search warrant unsealed earlier this month revealed that the Justice Department was investigating potential violations of the Espionage Act, the Presidential Records Act and obstruction of justice in relation to Trump’s storage of White House materials at his home.
    At a hearing last week in south Florida, the Justice Department’s top counterintelligence official, Jay Bratt, said the investigation is still in its “early stages.”James Comer, the Republican most likely to become the party’s top watchdog in the House of Representatives if the party takes the chamber in the upcoming midterms, has joined in the chorus threatening Fauci with investigations, even if he leaves his job:Retirement can’t shield Dr. Fauci from congressional oversight.The American people deserve transparency and accountability about how government officials used their taxpayer dollars, and @GOPoversight will deliver.Discussed this and more on @foxandfriends👇 pic.twitter.com/deZtP2RJ5a— Rep. James Comer (@RepJamesComer) August 22, 2022
    Republican senator Lindsey Graham has been fighting a subpoena compelling his appearance before a Georgia special grand jury, and over the weekend won a temporary reprieve.A judge hearing the case has given a timeline for both Graham and the district attorney in Fulton County, which is investigating the attempt by Donald Trump’s allies to disrupt the results of the 2020 election in Georgia, to settle the matter, Politico reports:BREAKING: Judge overseeing Lindsey Graham effort to quash Fulton County subpoena sets expedited schedule to resolve remaining dispute. pic.twitter.com/u3dn6INBtp— Kyle Cheney (@kyledcheney) August 22, 2022
    Rand Paul threatens Fauci with investigationPerhaps to the surprise of no one, Kentucky senator Rand Paul greeted Anthony Fauci’s resignation news with a threat of investigation and a hefty dose of conspiracy theory as to Covid-19’s origins.He tweeted: “Fauci’s resignation will not prevent a full-throated investigation into the origins of the pandemic. He will be asked to testify under oath regarding any discussions he participated in concerning the lab leak.”Yet another Democrat has cast aspersions on Joe Biden’s plans to run for a second term. This time, it’s Rhode Island senator Sheldon Whitehouse.In an appearance on Fox News, he said he would “duck the question” of whether the president should stand again in 2024:Sen. Sheldon Whitehouse (D-RI) when asked Friday whether or not Biden should run in 2024:“I’m gonna duck that question, if you don’t mind. We don’t have any candidates yet for 2024, and I’m not picking amongst them.” pic.twitter.com/kX1ZzAFNzU— The Recount (@therecount) August 22, 2022
    Earlier this month, Democratic congresswoman Carolyn Maloney found herself in hot water for saying she didn’t think Biden would be back on the ballot: Democrat apologises for saying Biden won’t run in 2024 – then says it againRead moreMcConnell downplays Republican midterms expectationsThe art of politics is often as much about setting expectations as describing reality and so any predictions from people like senate minority leader Mitch McConnell should be taken with a pinch of salt.But the Republican party boss does seem to be tamping down ideas of an easy capture of the senate by his side this November. He told NBC News: “I think there’s probably a greater likelihood the House flips than the Senate,” McConnell said, according to NBC News. “Senate races are just different — they’re statewide, candidate quality has a lot to do with the outcome.”McConnell added: “Right now, we have a 50-50 Senate and a 50-50 country, but I think when all is said and done this fall, we’re likely to have an extremely close Senate, either our side up slightly or their side up slightly.”Read analysis of his remarks here on the Washington Post. The United States’ top infectious disease doctor Anthony Fauci announced he would step down in December, ending his nearly four decades of service after becoming a national name during the Covid-19 pandemic. Meanwhile, a new poll showed Republicans coalescing around Donald Trump following the FBI’s search of Mar-a-Lago, while Democrats got a surprise enthusiasm boost.Here’s what else has happened today so far:
    Trump’s legal problems could actually hurt him among Republicans, The Washington Post posited, suggesting that other GOP candidates could offer their voters the same policies with less political baggage.
    Conservatives cheered Fauci’s departure announcement. He’d earned their enmity for breaking with Trump during his administration, as well for his policies meant to stop the spread of Covid-19.
    Rusty Bowers, formerly a top Arizona Republican state lawmaker who was ousted by GOP voters for defying Trump, talked to The Guardian about his decision.
    With Covid-19 less of a concern for many Americans, Anthony Fauci’s public profile has decreased recently, but that doesn’t mean conservative have let go of their issues with him.Many, in fact, cheered his departure. Here’s Kevin Roberts, president of the conservative Heritage Foundation:Commissar Fauci’s reign should have ended long ago. pic.twitter.com/udPyr5BmkU— Kevin Roberts (@KevinRobertsTX) August 22, 2022
    Rightwing radio host Buck Sexton linked his decision to the upcoming midterms:Sociopathic liar and political hack Fauci is making a run for it before Republicans can take over the House https://t.co/90utmxYYxm— Buck Sexton (@BuckSexton) August 22, 2022
    Diamond and Silk, the erstwhile Fox News guests who are now with Newsmax, had one of the more outlandish reactions:Fauci doesn’t need to just step down, he should be arrested for Crimes Against Humanity!— Diamond and Silk® (@DiamondandSilk) August 22, 2022 More