More stories

  • in

    Trump search affidavit reveals potential for ‘evidence of obstruction’ at Mar-a-Lago – as it happened

    The affidavit as released is of course full of redactions, across its 38 pages. But it reveals some interesting nuggets about the search, including that the Department of Justice and FBI had “probable cause to believe that evidence of obstruction” would be found at Mar-a-Lago.In another interesting section … the affidavit says that on 9 February 2022, the DoJ leaned that a preliminary review of 15 boxes taken to Mar-a-Lago “indicated that they contained ‘newspapers, magazines, printed news articles, photos, miscellaneous print-outs, notes, presidential correspondence, personal and post-presidential records, and ‘a lot of classified records’.“Of most significant concern was that highly classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] identified.”The affidavit reproduces a Trump statement after the issue became public, and then … is extensively redacted. The redacted passage is a chronological retelling of how the issue developed. The next significant un-redacted passage contains the news that Trump’s own notes were included in the materials in question. It reads as follows:“From May 16-18, 2022, FBI agents conducted a preliminary review of the FIFTEEN BOXES provided to NARA and identified documents with classification markings in fourteen of the FIFTEEN BOXES. A preliminary triage of the documents with classification markings revealed the following approximate numbers: 184 unique documents bearing classification markings, including 67 documents marked as CONFIDENTIAL, 92 documents marked as SECRET, and 25 documents marked as TOP SECRET. Further, the FBI agents observed markings reflecting the following compartments/dissemination controls: HCS, FISA, ORCON, NOFORN, and SI.“Based on my training and experience, I know that documents classified at these levels typically contain NDI. Several of the documents also contained what appears to be FPOTUS’s [Trump’s] handwritten notes.Closing summaryIt has been a day of drama as the redacted affidavit explaining why the FBI chose to raid Donald Trump’s Mar-a-Lago residence was finally published to an eagerly awaiting world. It wasn’t exactly a damp squib. The document – much of which was blanked out – detailed the huge numbers of secret documents squirreled away and security risks they posed.But due to the large numbers of redactions there was no explosive new line, though one thing does seem certain: this FBI investigation is just getting started and has a long long way to go.Here’s what else happened today:
    Amy Coney Barrett was in the news via a Guardian US scoop showing that a faith group she has been closely associated with places huge emphasis on female obedience.
    Joe Biden and his administration stood by his calling out of the Republican politicians as behaving like semi-fascists. The move drew ire from the rightwing party.
    Washington is to follow the path of its fellow west coast state California and pursue the eventual ban of sales of new gasoline-powered cars.
    A Jim Crow-era provision of the Mississippi constitution designed to disfranchise Black voters is constitutional, a federal appellate court ruled.
    Dow drops 1,000 pointsThe Guardian’s Dominic Rushe writes here that there has been a steep drop on Wall Street in response to the latest forecasts on the economy from Federal Reserve chief Jerome Powell.A 1,000 plus point drop is hardly a catastrophe but it is definitely a nasty fall.Dominic writes: US stock markets nosedived on Friday after Federal Reserve chair, Jerome Powell, warned of “pain” ahead as the central bank struggles to bring down inflation from a 40-year high.Powell’s highly anticipated speech was more hawkish than had been expected, with the Fed chair pledging to do all he could to end rising prices. The Dow Jones Industrial Average lost just over 1,000 points, 3%, the S&P fell 3.3% and the Nasdaq dropped almost 4%.Speaking at the Kansas City Fed’s annual meeting of the world’s central bankers in Jackson Hole, Wyoming, Powell said the Fed’s “overarching focus right now is to bring inflation back down”.Read more:Dow plunges 1,000 points after Fed chief Powell warns of inflation ‘pain’Read moreNikki Haley for 2024?The former UN ambassador under Donald Trump is often mentioned as a potential 2024 candidate and someone who could – potentially – straddle the two disparate and often bitterly feuding worlds of Trump and non-Trump Republicans.That sees Haley frequently seek to a perform a difficult dance between courting her old bosses’ favor, but also trying not to seem too close to him.Politico has the details of some of the people donating to her political future and it makes interesting reading of a long list of Republican stalwarts.The report says: “Many of the GOP’s biggest donors are among those who funneled anonymous contributions to former U.N ambassador Nikki Haley’s nonprofit as she lays the groundwork for a prospective 2024 presidential bid, according to previously unreported tax documents obtained by Politico.Haley’s nonprofit policy advocacy group, Stand For America, Inc, has received major donations from people including New York hedge fund manager Paul Singer, investor Stanley Druckenmiller, and Miriam Adelson and her late husband, casino mogul Sheldon Adelson, the Internal Revenue Service filings reveal.The roster of supporters who gave undisclosed donations in 2019 also includes Suzanne Youngkin, the wife of Virginia Governor Glenn Youngkin, himself a possible presidential contender; former Pennsylvania Senate candidate and hedge fund executive David McCormick; and Vivek and Lakshmi Garipalli, members of a New Jersey family that has donated large sums to Democrats – but which gave Haley’s organization $1 million.”Fascist or not?It might have seemed an odd question even just a few years ago, but Joe Biden’s speech on Thursday night has put the word “fascism” squarely into mainstream American political discourse.His accusations that modern Republicans were behaving like semi-fascists certainty triggered questions to his top press spokesperson. The Biden administration – understandably – is standing behind the phrase.Reuters captures the scene:The actions of some Republicans allied to former President Donald Trump fit the definition of fascism, White House spokeswoman Karine Jean-Pierre told reporters on Friday, a day after President Joe Biden said they edged toward “semi-fascism.”“I was very clear when laying out and defining what MAGA Republicans have done and you look at the definition of fascism and you think about what they’re doing in attacking our democracy. … That is what that is. It is very clear,” Jean-Pierre told a press briefing.MAGA refers to Trump’s “Make America Great Again” slogan. Fascism is a political philosophy that exalts nation and often race above the individual and supports an autocratic government led by a dictatorial leader involving the forced suppression of opposition, U.S. dictionary Merriam-Webster says.In response to Biden’s Thursday evening comments that Trump-allied Republicans embraced violence and hatred, and edged toward “semi-fascism,” the Republican National Committee called the remarks “despicable.”A key questionWashington Post columnist Helaine Olen seems to have hit the nail on the head with a very simple tweet. Answers on a postcard please… no redactions.What’s the innocent explanation for Trump keeping all these classified documents?— Helaine Olen (@helaineolen) August 26, 2022
    Arizona judge strikes blow against election fairness skepticsIn just one of many such scenes playing out in courts across the US, Republicans who believe Donald Trump’s unfounded claims of a stolen election and a fraudulent US voting process have suffered a set back.An Arizona judge has refused to require that Arizona officials count ballots by hand in November, dismissing a lawsuit filed by Republican nominees for governor and secretary of state based on false claims of problems with vote-counting machines.AP has more: Kari Lake, who is running for governor, and Mark Finchem, a secretary of state candidate, won their GOP primaries after aggressively promoting the narrative that the 2020 election was marred by fraud or widespread irregularities.Their lawsuit repeated unfounded allegations about the security of machines that count votes. They relied in part on testimony from Donald Trump supporters who led a discredited review of the election in Maricopa County, including Doug Logan, the CEO of Cyber Ninjas, who oversaw the effort described by supporters as a “forensic audit.”U.S. District Judge John Tuchi ruled that Lake and Finchem failed to show any realistic likelihood of harm and that their lawsuit must be brought in state, not federal, court. He also ruled that it is too close to the election to upend the process.“The 2022 Midterm Elections are set to take place on November 8,” Tuchi wrote. “In the meantime, Plaintiffs request a complete overhaul of Arizona’s election procedures.”Various reactions have been pouring out online over the affidavit. Virginia Democratic senator Mark Warner, who chairs the Senate Intelligence Committee said:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}“It appears, based on the affidavit unsealed this morning, that among the improperly handled documents at Mar-a-Lago were some of our most sensitive intelligence * which is one reason the Senate Intelligence Committee has requested, on a bipartisan basis, a damage assessment of any national security threat posed by the mishandling of this information. The Department of Justice investigation must be allowed to proceed without interference.” Meanwhile, North Carolina Republican Representative Dan Bishop said: “So much for transparency,” tweeting alongside a photo of redacted sections of the affidavit. Bishop is a member of the House of Representatives Homeland Security and Government Affairs Committee.Donald Trump’s son Donald Trump Jr. echoed similar sentiments online, tweeting a photo of the redacted affidavit with the caption, “Well this really clears things up.” Well this really clears things up. pic.twitter.com/6S2FxIQtSi— Donald Trump Jr. (@DonaldJTrumpJr) August 26, 2022
    Nina Lakhani and Oliver Milman report…Taking on the fossil fuel industry in West Virginia was always going to be a David v Goliath type battle, but after years of protests, lobbying and lawsuits, 68-year-old Becky Crabtree thought the community-led resistance had beaten the Mountain Valley pipeline (MVP) in a fair fight.So when news broke earlier in August that the state’s fossil-fuel friendly senator Joe Manchin had resurrected the pipeline, Crabtree, a high school science teacher who teaches students about the climate crisis, felt “numb”.Manchin, a conservative Democrat who receives more campaign financing from the fossil fuel industry – including pipeline companies – than any other lawmaker in Congress, had agreed to back his party’s historic climate legislation before the crucial midterm elections. But only after he negotiated a side-deal to fast-track the MVP.“It’s the unfairness that makes me so angry. It’s a deal with the devil,” said Crabtree, 68, who owns a 30-acre sheep farm in Lindside, Monroe county.Full story:‘It’s a deal with the devil’: outrage in Appalachia over Manchin’s ‘vile’ pipeline plan Read moreWhite House press secretary Karine Jean-Pierre has just finished briefing the media and taking questions and she was asked about Joe Biden’s remarks at a fundraiser last night where he referred to the “MAGA Republican philosophy” as akin to “semi-fascism”.Asked to explain what the US president meant by that remark, Jean-Pierre said of right-wing Republicans: “He was very powerful last night. When it comes to ‘MAGA Republicans’, when it comes to the extreme, ultra wing of the Republicans, they are attacking democracy, they are taking away rights and freedoms, they are using threats of violence, taking away voting rights, and he [Biden] called it what it is … and what many would argue, historians would agree with us on.”“He believes that presidents should be the strongest voice for democracy,” she added.Jean-Pierre also strove to differentiate between what she referred to as “traditional, conservative” Republicans and the [Trumpist] “Make America Great Again” rightwing loyalists to the former president.A quick recap, blog readers, it’s been a dramatic morning and there will be plenty more news over the coming few hours. But for now, here’s where things stand:
    Donald Trump has released a statement about the release of the government affidavit that underpinned the search of his Mar-a-Lago club and residence in Florida earlier this month. He posted it on Truth Social, his struggling social media platform that he created after being banned by Twitter.
    The US Department of Justice and the FBI had “probable cause to believe that evidence of obstruction” would be found at Mar-a-Lago when it sought a warrant to search the property, the affidavit notes.
    The affidavit is replete with details that would provide “a roadmap” for anyone intent on obstructing the investigation.
    The affidavit reminds us of the context of the FBI raid on Mar-a-Lago, thus: “The government is conducting a criminal investigation concerning the improper removal and storage of classified information in unauthorized spaces, as well as the unlawful concealment or removal of government records.”
    While the public waited for the affidavit to be released, we also noted that Joe Biden called the “MAGA Republican” philosophy “semi-fascism” last night, based on the anti-democratic efforts of the more extreme wing of the GOP that hews unfailingly to Trump.
    We have Donald Trump’s reaction, on Truth Social, the social media platform he set up after being kicked off Twitter over the Capitol attack….css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Affidavit heavily redacted!!! Nothing mentioned on “Nuclear,” a total public relations subterfuge by the FBI & DOJ, or our close working relationship regarding document turnover – WE GAVE THEM MUCH. Judge Bruce Reinhart should NEVER have allowed the Break-In of my home. He recused himself two months ago from one of my cases based on his animosity and hatred of your favorite President, me. What changed? Why hasn’t he recused himself on this case? Obama must be very proud of him right now!To unpick:
    “Nuclear” – it has been reported that some of the materials kept at Mar-a-Lago concerned nuclear weapons. And some concerned Emmanuel Macron, which, by the by, might interest Liz Truss. But anyway…
    “Break-in” – nope. Warrant duly served, etc, which is why we’re here.
    “Obama must be very proud” of the judge … we may all remember John Roberts, the chief justice of the supreme court, rebuking Trump for referring to “Obama judges”, etc. We may also all remember Trump’s pride at having installed a huge number of judges himself, including three on Roberts’ court. In short – judges are not meant to act politically but they are politically appointed. And so on.
    Of Judge Reinhart: he made a donation to Barack Obama in 2008. He also donated to Republicans, if not Donald J Trump.
    Attached to the affidavit is a letter from lawyers for Donald Trump, complaining of unfair treatment and asserting a president’s “absolute authority to declassify documents” – both features of his response to the search and the claims of his supporters in Republican ranks and on the right of the US media.The letter, signed by M Evan Corcoran of Silverman Thompson Slutkin White, begins:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Public trust in the government is low. At such times, adherence to the rules and long-standing policies is essential. President Donald J Trump is a leader of the Republican Party. The Department of Justice (DOJ), as part of the Executive Branch, is under the control of a President from the opposite party. It is critical, given that dynamic, that every effort is made to ensure that actions by DOJ that may touch upon the former President, or his close associates, do not involve politics.”I refer you back to President Joe Biden’s comment to reporters before the affidavit was filed today, when asked if he thought national security might have been compromised at Mar-a-Lago while Trump was storing classified documents there:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}We’ll let the justice department determine that.”The lawyers’ letter conforms to Trump’s worldview, that attorneys general and the Department of Justice exist to serve presidents politically. Biden’s answer speaks for generally accepted wisdom, which is that the DoJ does not exist for that purpose and is in fact independent of any White House or administration. More

  • in

    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
    TopicsDonald TrumpOpinionUS politicsRepublicansFBIMar-a-LagocommentReuse this content More

  • in

    Redacted Trump Mar-a-Lago affidavit released: five key takeaways

    Redacted Trump Mar-a-Lago affidavit released: five key takeawaysAffidavit, unsealed by federal magistrate judge Bruce Reinhart, offers new details on probable cause and FBI sources The FBI sought to search Donald Trump’s Mar-a-Lago resort in Florida after it found probable cause that highly sensitive national defense information and evidence of obstruction of justice existed there, according to a redacted version of the affidavit that got federal agents a warrant to search the former president’s property.The affidavit – partially redacted by the justice department to protect details about the criminal investigation into Trump’s unauthorized retention of government secrets – offered several new details about the investigation that a top official has said remains in its “early stages”.FBI sought national defense documents at Trump’s Mar-a-Lago, affidavit showsRead moreHere are five takeaways from the affidavit, in which the justice department also said the FBI had “not yet identified all potential criminal confederates” and “not located all evidence related to its investigation”:New details on the probable causeForemost in the affidavit: the justice department had good reason to believe there were crimes being committed in specific areas of Mar-a-Lago, including Trump’s home, the foyer to his residence known as Pine Hall, his “45 Office” and a storage facility, among other locations.The affidavit did not offer an indication about potential charges against the 45th and former president of the US, but it did mention the FBI believed that “evidence of obstruction” would be found at the premises – indicating a wider investigation than just the government’s efforts to recover sensitive documents.New details on the FBI’s sourcesSpeculation has swirled for weeks around Trump and his team about how the FBI knew about the location of his safe and specific rooms where sensitive documents remained, and the justice department appeared to offer a glimpse into where that information might have originated.The justice department said in the legal memo explaining its redactions to the affidavit that it was seeking to protect “a significant number of civilian witnesses” – the first such reference surrounding its sources – as well as other FBI and US government personnel.Classification is irrelevantAround the discussion in the affidavit about classified or declassified materials being retained by Trump at Mar-a-Lago, the justice department noted that classification does not matter for violations of the Espionage Act or statutes concerning the removal of official documents.The justice department explained in a footnote that the law criminalizes “the unlawful retention of information related to the national defense” that could harm the United States or aid an adversary, regardless of whether the document is classified or declassified.FBI’s underlying basis for concernAs part of the justification for seeking a search warrant for Mar-a-Lago, the affidavit detailed how an FBI review of materials Trump had returned to the National Archives in May 2022 demonstrated a track record of keeping some of the US government’s most sensitive secrets at Mar-a-Lago.The justice department said among the documents recovered by the National Archives, 184 had classification markings. Some also had markings denoting “SI” for special intelligence, “HCS” for intelligence from human clandestine sources, and “NOFORN” for “Not Releasable to Foreign Nationals”.Storage room to be securedSome people close to Trump have tried to suggest that they were surprised that the justice department considered the storage room as inadequate to keep boxes of classified information because officials had supposedly only asked for a “stronger lock” to the door, which was installed.However, the affidavit made no mention of a lock. In fact, it showed the justice department told Trump’s lawyer Evan Corcoran in June that Mar-a-Lago was not authorized to store classified information and asked the room be preserved in its condition until further notice – suggesting it was already the subject of an investigation.TopicsUS newsUS politicsDonald TrumpMar-a-LagonewsReuse this content More

  • in

    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

  • in

    Federal judge orders release of redacted Trump search affidavit

    Federal judge orders release of redacted Trump search affidavit Affidavit is expected to contain information about investigation into Trump’s retention of government secrets at Mar-a-Lago A federal judge ordered on Thursday that 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 should be partly unsealed according to redactions proposed by the justice department.The order from Judge Bruce Reinhart, who approved the FBI search warrant and is overseeing the case, instructed the justice department to release a redacted version of the affidavit that he had reviewed before noon on Friday.Trump is reading my memoir, Kushner claims of famously book-shy bossRead moreIn a two-page ruling, the judge said the justice department’s proposed redactions were specifically restricted 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 is expected to contain key information – notably the probable cause -about the justice department’s investigation into Trump’s unauthorized retention of government secrets at Mar-a-Lago, which could arise to potential charges including under the Espionage Act or obstruction of justice.How much of the affidavit will be redacted was not clear. The justice department had opposed unsealing the affidavit in any way, and only submitted proposed redactions after being ordered to do so by Reinhart last week, warning redactions could be so extensive as to make it meaningless.But depending on how the affidavit was produced, 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 submission – and partial release of the affidavit – is 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.The FBI earlier this month quietly executed a search warrant at Trump’s beachfront, pay-for-membership resort in Palm Beach, Florida, retrieving 26 boxes of highly sensitive government records, including some documents with “top secret” markings.Trump has attempted to hit back at the justice department in subsequent days, and on Monday filed a motion seeking the appointment of a so-called special master to determine what documents federal investigators can use as evidence, and to get a more detailed list of what was seized.The ruling from Reinhart, which came just hours after the justice department submitted its proposed redactions – also under seal – was expected to some degree after he said last week in court in West Palm Beach, Florida, that he was inclined to make some of the affidavit public.“I’m not prepared to find that the affidavit should be fully sealed,” Reinhart said, explaining that he thought it was important that the public have as much information as it could, while acknowledging the redactions sought by the justice department would likely be extensive.The preview of his decision on Thursday followed a disclosure from the chief of the counter-intelligence section at the justice department, Jay Bratt, that the criminal investigation surrounding the FBI’s seizure of government documents from Mar-a-Lago remained in “early stages”.Bratt had argued in court against the release of any portion of the affidavit or even a redacted version of the highly-sensitive document, saying it could risk revealing the roadmap of the investigation and chill cooperation from other witnesses who may come forward.The judge, however, disagreed that the justice department could make nothing of the affidavit public, and ordered Bratt to file one with redactions to protect the probe in case he decided to make it public. He assured the government: “This is going to be a considered, careful process.”Reinhart presided over arguments between the justice department and several media organizations. Trump has said he supports unsealing the affidavit but filed no motion of his own. One of his lawyers, Chrsitina Bobb, nonetheless attended the hearing last week to observe proceedings.The justice department that day did support unsealing several ancillary documents that were not directly related to the affidavit, including the cover sheet to the search warrant application, and the court’s sealing order – which Reinhart agreed to make public.Those unsealed documents offered more detail about the case. Notably, the cover sheet showed the department’s descriptions of potential crimes at Mar-a-Lago: wilful retention of national defense information, concealment or removal of government records, and obstruction of a federal investigation.TopicsDonald TrumpFloridaMar-a-LagoUS politicsnewsReuse this content More

  • in

    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

  • in

    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

  • in

    Trump set to ask court for ‘special master’ to review Mar-a-Lago evidence

    Trump set to ask court for ‘special master’ to review Mar-a-Lago evidenceLegal motion would seek appointment of official to decide what materials can be used in investigation, attorney and sources say Donald Trump is expected to seek the appointment of a special court official to determine whether materials that the FBI seized from his Florida resort can be used in a criminal investigation, according to his lead attorney Jim Trusty and two sources familiar with the matter.US political violence is surging, but talk of a civil war is exaggerated – isn’t it?Read moreThe motion would be the first formal legal action by the former president after federal agents last week confiscated about 30 boxes of highly-sensitive documents from his Mar-a-Lago resort in connection with an investigation into the unauthorized retention of government secrets.Trump would argue that the court should appoint a special master – usually a retired lawyer or judge – because the FBI potentially seized privileged materials in the search, and the justice department should not itself decide what it can use in its investigation, the sources said.The ex-president’s lead attorney, Trusty, said on the Mark Levin Show on Friday evening that he was anticipating a motion that would force the justice department to disclose what “pre-raid” instructions were given to the FBI agents who executed the search warrant at Mar-a-Lago.Trusty, a former chief of the organized crime section at the justice department, also said on the radio show that a court filing could come that evening, saying: “It’s probably going to be more like hours” – though there was no entry on the docket as of early Saturday afternoon.Why Trump is filing a motion now, nearly two weeks after the FBI searched Mar-a-Lago, was not clear. The former president and his allies have previously moved quickly to request special masters, including when the offices of his former lawyer Michael Cohen were searched in 2018.TopicsDonald TrumpUS politicsFBIMar-a-LagonewsReuse this content More