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      Federal investigators arrive at Mike Pence’s Indiana home – live

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      Mike Pence is weighting a response to a subpoena he received related to January 6, ABC News first reported.Jack Smith was appointed in 2020 to lead the January 6 investigation. Smith is also leading a separate inquiry into classified documents that were found at Trump’s Mar-a-Lago residence.The issued subpoena related to January 6 is viewed by many as an escalation in the investigation on Trump and his allies’ efforts to overturn the 2020 election.The subpoena was reported by at least two people on the matter, both who spoke on the condition of anonymity as they are not authorized to discuss investigation proceedings publicly.It is unclear if Pence will attempt to resist the subpoena or invoke executive privilege, which could trigger a lengthy legal battle, reported ABC.The subpoena came after months of negotiation between Pence’s team and the Department of Justice, suggesting to many that negotiations had reached a breaking point.We know that the subpoena issued after months of negotiation b/t Pence team and DOJ. So eventually Smith just said screw it, see you at the Grand Jury or in court. Compare Mueller and his timidity with subpoenaing Trump, which he never did.— Harry Litman (@harrylitman) February 10, 2023
      Federal investigators have arrived at the Indiana home of Pence, blocking off his driveway.Carmel Police have blocked off the driveway to the home of former Vice President Mike Pence. @Mike_Pence We have been reporting the FBI was expected to search his home this week for any other classified documents. He turned over about a dozen already. @FOX59— Angela Ganote (@angelaganote) February 10, 2023
      It is unclear what this is related to, but an FBI search of his home was expected in relation to other classified documents.More on this as the situation develops.Meanwhile, a number of investigations related to Trump are underway.Trump faces probes into his efforts to overturn the 2020 election results and classified documents found at his Mar-a-Lago residence.Trump also could soon face criminal charges in Georgia related to interfering with the 2020 election, with Fulton County District Attorney Fani Willis saying on Monday that her decision is “imminent” on whether to indict Trump, reported Bloomberg.Here’s more on Willis’ decision to pursue criminal charges and its potential impact from Bloomberg..css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}That decision will have a ripple effect on the Justice Department’s special counsel probe and other investigations circling Trump.
      If Willis goes first, that case would road-test possible testimony, helping to determine what evidence holds up in court and providing a blueprint for prosecutions involving other battleground states where Trump and his supporters tried to undermine President Joe Biden’s win.
      Legal experts say nothing stops a US special counsel overseeing the federal Trump probe from pursuing similar charges at the federal level, regardless of what Willis ultimately does.Read the full article here (paywall).Pence faces limited options on how to respond to a subpoena issued in relation to January 6 but may evoke executive privilege, experts say.CNN reported that Pence’s team may choose to argue that at least some of the sought testimony is covered by executive privilege:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Pence’s attorney Emmet Flood is known as a hawk on executive privilege, and people familiar with the discussions have said Pence was expected to claim at least some limits on providing details of his direct conversations with Trump. Depending on his responses, prosecutors have the option to ask a judge to compel him to answer additional questions and override Trump’s executive privilege claims.But others have pointed out that Pence has already divulged privileged information in his book, “So Help Me God”.From the Guardian’s Hugo Lowell:On the VP Pence subpoena: worth noting that he pierced what would have otherwise been executive privileged when he discussed key moments with Trump in his book — including Dec. 19 chat about Jan. 6 rally, Jan. 5 chat with Eastman, Jan. 6 call with Trump— Hugo Lowell (@hugolowell) February 10, 2023
      Notable that VP Pence made public privileged material with Trump in his book some of the key moments right before Jan. 6 — but also notable what he mostly left out, including details about the Dec. 21 WH meeting with Trump and GOP members about plans for stopping certification— Hugo Lowell (@hugolowell) February 10, 2023
      Read the full article here.Mike Pence is weighting a response to a subpoena he received related to January 6, ABC News first reported.Jack Smith was appointed in 2020 to lead the January 6 investigation. Smith is also leading a separate inquiry into classified documents that were found at Trump’s Mar-a-Lago residence.The issued subpoena related to January 6 is viewed by many as an escalation in the investigation on Trump and his allies’ efforts to overturn the 2020 election.The subpoena was reported by at least two people on the matter, both who spoke on the condition of anonymity as they are not authorized to discuss investigation proceedings publicly.It is unclear if Pence will attempt to resist the subpoena or invoke executive privilege, which could trigger a lengthy legal battle, reported ABC.The subpoena came after months of negotiation between Pence’s team and the Department of Justice, suggesting to many that negotiations had reached a breaking point.We know that the subpoena issued after months of negotiation b/t Pence team and DOJ. So eventually Smith just said screw it, see you at the Grand Jury or in court. Compare Mueller and his timidity with subpoenaing Trump, which he never did.— Harry Litman (@harrylitman) February 10, 2023
      Good morning!Former vice-president Mike Pence is weighting his response to a subpoena he received related to an investigation into the January 6 insurrection and Donald Trump’s efforts to overturn the 2020 election, according to a person familiar with the matter.Jack Smith, the special counsel in charge of the January 6 investigation, is also leading a separate inquiry into classified documents that were found at Trump’s Mar-a-Lago residence.But an unnamed person reports that Pence’s subpoena is related to 6 January and follows months of discussion between Pence and the Department of Justice, ABC first reported.The individual spoke on the condition of anonymity as they are not authorized to discuss the matter publicly.Here’s what else is happening today:
      Joe Biden and Kamala Harris will host US governors at the White House this morning. The governors are joining for the annual National Governors Association meeting, where the president will revisit economic initiatives from Thursday’s State of the Union address.
      The White House press secretary, Karine Jean-Pierre, is due to brief at 1.30pm eastern time.
      Biden will meet with Brazil’s president, Luiz Inácio Lula da Silva, at 3.30 pm. The meeting comes as Brazil attempts to revive US-Brazil relations after the presidency of rightwinger Jair Bolsonaro. More

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      Mike Pence subpoenaed in Trump special counsel investigations – reports

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      Mike Pence subpoenaed in Trump special counsel investigations – reportsFormer vice-president and former Trump official Robert O’Brien issued subpoena though nature of requests is not known Former US vice-president Mike Pence and the former national security adviser Robert O’Brien have been subpoenaed by the special counsel leading investigations into classified documents found at former president Donald Trump’s Mar-a-Lago residence and efforts to overturn the 2020 election result, according to media reports on Thursday.Pence was issued a subpoena by special counsel Jack Smith, though the nature of the request was not immediately known, ABC News reported, citing sources. The action follows months of negotiations involving federal prosecutors and Pence’s lawyers.Judge who told Pence not to overturn election predicts ‘beginning of end of Trump’Read moreO’Brien has been asserting executive privilege in declining to provide some of the information that prosecutors are seeking from him, according to CNN.Pence’s office did not immediately respond to a request for comment. Smith’s office declined to comment on both reports from CNN and ABC.Trump’s former acting Department of Homeland Security secretary, Chad Wolf, was interviewed by justice department lawyers in recent weeks as part of the ongoing special counsel investigation related to 2020 election interference, the report added, citing sources.The US attorney general, Merrick Garland, named Smith as special counsel in November to oversee investigations of Trump, shortly after Trump said he would seek the Republican nomination for president again in 2024.The first investigation involves Trump’s handling of highly sensitive classified documents he retained at his Florida resort after leaving the White House in January 2021.The second investigation is looking at efforts to overturn the 2020 presidential election’s results, including a plot to submit phony slates of electors to block Congress from certifying Democrat Joe Biden’s victory.Grand juries in Washington have been hearing testimony in recent months for both investigations from many former top Trump administration officials.Last month, Garland named a separate special counsel, Robert Hur, to probe the improper storage of classified documents at Biden’s home and former office.In late January, Pence said he was not aware though he takes “full responsibility” after classified documents were found at his Indiana home.The documents were discovered after a review of his personal records was conducted in the wake of classified material being found at Biden’s home in Delaware.TopicsUS newsMike PenceDonald TrumpMar-a-LagoLaw (US)US politicsnewsReuse this content More

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      The race for the 2024 election is on. But who will take on Trump?

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      The race for the 2024 election is on. But who will take on Trump?The ex-president is daring Republican challengers to make the first move – and some are preparing to attack The starting gun has been fired and the race for the White House is under way. But in Iowa, where the first-in-the-nation Republican caucuses are just a year off, the landscape is icy and snowy and eerily silent.There is no great mystery why: the Donald Trump effect.Sarah Huckabee Sanders to give Republican State of the Union responseRead more“These folks must be watching Trump’s poll numbers and that’s why there’s a delay,” said Art Cullen, editor of Iowa’s Storm Lake Times. “Trump and [Florida governor Ron] DeSantis are doing this sparring around the ring. Others are watching to see if somebody takes a blow and gives them an opening.”At the same stage in 2019, at least a dozen Democratic contenders for the presidency had either been to Iowa or announced plans to visit soon. “We were getting one every other week,” recalled Cullen, noting that the first major candidate forum took place in March.But among potential Republican hopefuls for 2024 only the former Arkansas governor Asa Hutchinson has visited so far this year while Tim Scott, a senator for South Carolina, and Kari Lake, a former candidate for governor of Arizona, seen as a possible Trump running mate, have lined up appearances later this month.Trump, the only declared candidate so far, has not yet been to Iowa but his campaign is finally moving up a gear. Last weekend the former US president addressed Republicans at small-scale events in two other early voting states, New Hampshire and South Carolina, vowing to “complete the unfinished business of making America great again”. He is issuing policy statements, building infrastructure and unveiling endorsements that signal: catch me if you can.It is a surprisingly orthodox approach from the most unconventional of candidates. The 76-year-old was twice impeached, was blamed for thousands of deaths in the coronavirus pandemic and encouraged a violent coup on 6 January 2021. He is facing multiple criminal investigations and yet, with remarkable insouciance, styling himself as incumbent in all but name and betting on voters’ short memories.He is also throwing down the gauntlet to would-be challengers, daring them to make the first move. While there are signs that some are preparing to take him on, none has yet launched a full-frontal attack on Trump or Trumpism, apparently wary of earning his wrath and alienating his base.Bill Whalen, a former media consultant for California politicians including former governor Arnold Schwarzenegger, said: “I don’t think anybody wants to run and be a bad guy wrestler, be seen as the heel whose one purpose is just to attack Donald Trump. It’s not a ticket to success and it’s grinding because Trump will return fire. What’s the old saying about wrestling with the pig in the mud: you get dirty and the pig enjoys it more than you do.”It emerged this week that Nikki Haley, 51, who was South Carolina’s governor before serving as Trump’s ambassador to the United Nations, is planning to announce her candidacy in Charleston on 15 February. In 2021 Haley told the Associated Press that she “would not run if President Trump ran”, but she has since changed her mind, telling Fox News that she could be part of “new generational change”.In South Carolina last Saturday Trump told WIS-TV that Haley had called him several days earlier to seek his opinion. “She said she would never run against me because I was the greatest president, but people change their opinions, and they change what’s in their hearts,” he said. “So I said, if your heart wants to do it, you have to go do it.”Trump appears more threatened by – and less courteous towards – DeSantis, who won re-election in a landslide in Florida and is beating him in some opinion polls. Trump, who helped elevate DeSantis in the past, has dubbed him “Ron DeSanctimonious” and said a DeSantis challenge for the 2024 nomination would be “a great act of disloyalty”.But even DeSantis – who is not expected to declare until the Florida legislature adjourns in the spring – has pulled his punches so far. He responded to Trump’s attack with only a coded rebuke, drawing a contrast between his own success and Trump’s failure at the ballot box in 2020: “Not only did we win re-election, we won with the highest percentage of the vote that any Republican governor candidate has in the history of the state of Florida.”Other possible candidates such as Trump’s former vice-president Mike Pence and his ex-secretary of state Mike Pompeo have been similarly circumspect in critiquing their former boss, taking the odd swipe while also praising his administration and their parts in it. Taking on Trump directly carries huge political risks, as rivals such as Jeb Bush, Ted Cruz and Marco Rubio discovered via name calling, insults and humiliation in 2016.John Zogby, an author and pollster, said: “There is the the sense that alienating Donald Trump is a very thankless task. Trump comes down with a hammer, an anvil and a safe from the sky. Even though it is clear that a lot of the magic is gone from Trump, by the same token he can do extensive damage. He still has his own forum and he still has his own loyal following and he can suck up all the negative oxygen. Whether Trump wins or loses, he blocks.”Even so, Trump could soon have company on the campaign trail, not least because primaries often draw long-shot candidates who would welcome the consolation prize of a book deal, radio show, TV pundit gig or slot as winner’s running mate.State governors who might seek to build their brand nationally include Greg Abbott of Texas, Brian Kemp of Georgia, Kristi Noem of South Dakota, Kim Reynolds of Iowa, Chris Sununu of New Hampshire and Glenn Youngkin of Virginia.It remains to be seen if forthright Trump critics such as Liz Cheney, a former congresswoman from Wyoming, and Larry Hogan, the ex-governor of Maryland, will throw their hats in the ring. Few observers expect such a candidate to win a primary more likely to offer voters different flavors of “Make America great again” (Maga), with culture warrior DeSantis aiming to prove himself a younger, more dynamic version of the brand than the Trump original.Drexel Heard, a Democratic strategist, said: “It’s going to be very interesting to see how Maga Nikki Haley becomes in the primary. I find Nikki Haley to be intelligent but she is going to have to go full tilt Maga to get through this primary because she’s up against somebody like Ron DeSantis, who is already coming out of the gate with red meat.”With a fiercely loyal base, Trump stands to benefit from a divided field, just as he did in 2016. In South Carolina he has already bagged the endorsements of Governor Henry McMaster and Senator Lindsey Graham, stealing a march on Haley and Scott within the state. But as Trump seeks to normalise himself with a traditional campaign so far, there are also important differences from seven years ago.Whalen, the former California consultant who is now a research fellow at the Hoover Institution at Stanford University in Palo Alto, said: “First, there are legal issues. Now, some are more serious than others but if you’re running for president and you’re taking the fifth amendment 400 times, it’s not a good look for a candidate.“Second, he has a record to deal with that he didn’t have. Donald Trump was a hypothetical in 2015 and 2016, a tabula rasa when it came to holding office. Now he has four years in office which he has to explain. He’s not a hypothetical, he’s somebody who has had the job before, so voters have to make the calculation: do they want him in office again?“Third, there was not a Ron DeSantis-like figure in 2016. There was nobody quite in the same position as DeSantis in terms of the ability to do three things at once: monetise, point to a very successful record in his state and play the game that Trump plays. That is what makes DeSantis an option that wasn’t there for Republicans in 2016. In 2024, there is someone potentially who could fight fire with fire.”Other commentators agree that, despite the slow start in Iowa, the Republican primary looks set to be far more competitive than anyone imagined a year ago. The party was willing to overlook any number of Trump’s lies and misdemeanors but not the miserable performance of his handpicked candidates in last November’s midterm elections. The self-proclaimed winner has become a serial loser: his fundraising numbers so far have been relatively disappointing.Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “I’m not seeing a whole lot of Trump fear. It looks to me that there has been a truly wide agreement in Republican circles that Trump is weak and that he’s beatable. Moreover, he may be even weaker with the coming indictments. To me what’s going on right now is just confirmation that Trump’s hold on the Republican party is loosening.“I would say it’s pretty open. Trump is a favourite but he’s got some very serious long-term viability issues in the field that is obviously no longer intimidated by him. Republicans are tired of losing.”TopicsDonald TrumpUS politicsRepublicansRon DeSantisIowaMike PenceNikki HaleyfeaturesReuse this content More

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      Judge who told Pence not to overturn election predicts ‘beginning of end of Trump’

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      Judge who told Pence not to overturn election predicts ‘beginning of end of Trump’‘What Trump has done is quite arguably the worst crime against the US that a president could commit,’ says J Michael Luttig The conservative judge who convinced Mike Pence he could not overturn the 2020 election has predicted “the beginning of the end of Donald Trump” – the former president who incited the January 6 insurrection but is now trying to return to the White House.Trump pleads the fifth more than 400 times in fraud deposition, video showsRead moreSpeaking to the Washington Post, J Michael Luttig also made a common comparison to another notorious former president, Richard Nixon, who resigned in 1974 over the Watergate scandal.“What Nixon did was just an ordinary crime,” Luttig said, referring to the cover-up of a break-in at Democratic headquarters. “What Trump has done is quite arguably the worst crime against the United States that a president could commit.”Luttig was a staffer for Gerald Ford, Ronald Reagan and George HW Bush, who put him on the federal bench in 1991. Now 68, he is a retired conservative jurist widely deemed unlucky not to have made the supreme court. He came to national attention last June, when he appeared before the House January 6 committee.In a televised hearing, using precise and powerful words, Luttig explained why on 4 January 2021 he told Pence he could not do as Trump wished and block certification of Joe Biden’s election win, an argument Luttig also published on Twitter.Luttig went on to paint a stark picture of America “at war against herself” and warned that a year and a half after the deadly Capitol riot, Trump and his supporters still posed “a clear and present danger to American democracy”.Another six months on, Trump is in legal jeopardy amid investigations of his election subversion, his financial and campaign finance affairs and his retention of classified records, and a lawsuit brought by a writer who says he raped her, an allegation Trump denies.But Trump is still the only declared major candidate for the Republican presidential nomination in 2024, dominating polls of the notional field.In a lengthy profile published by the Post on Tuesday, Luttig said he had seen “ample evidence” of criminal activity and believed Trump would be indicted. He also cautioned that any decision about indicting the former president should consider how it might “split the nation”, given the inevitable “spectacle” of Trump’s fight to beat any charges.But the Post said Luttig also thought Trump’s political future had been “dealt triple blows … by his recent assertion that parts of the constitution should be ‘terminated’ to return him to office, the criminal referrals by the January 6 committee and the failure of his favored candidates in the 2022 midterm elections”.Donald Trump sues Bob Woodward over The Trump Tapes for $50mRead moreTrump made his remark about the constitution in a social media post in December. The Biden White House rebuked him for remarks it said were “anathema to the soul of our nation”.The January 6 committee made four criminal referrals to the Department of Justice. The justice department investigation of Trump’s election subversion and incitement of the Capitol attack continues.High-profile Trump candidates were beaten at the polls in November, costing Republicans control of the Senate and, arguably, a healthier House majority.Luttig, the Post said, saw in the cumulative effect of such factors “the beginning of the end of Donald Trump”. But he added that Trump had not yet been stopped, and it might be down to the courts to do so.“Donald Trump has proven that the only thing that can stop him is the law,” Luttig warned.TopicsDonald TrumpUS Capitol attackMike PenceUS politicsUS elections 2020US elections 2024newsReuse this content More

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      Never Give an Inch review: Mike Pompeo as ‘heat-seeking missile for Trump’s ass’

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      ReviewNever Give an Inch review: Mike Pompeo as ‘heat-seeking missile for Trump’s ass’ The former secretary of state wants to be president. His vicious memoir will sell, but he may not find buyers at the pollsMike Pompeo is prescient, at least. Back in 2016, as a congressman, he warned Kansas Republicans of the danger posed by Donald Trump. Pompeo lamented that the US had already endured more than seven years of “an authoritarian president who ignored our constitution” – meaning Barack Obama – and cautioned that a Trump presidency would be no different.Schiff calls Mike Pompeo ‘failed Trump lackey’ after classified records claimRead more“It’s time to turn down the lights on the circus,” he said.Pompeo is an ex-army captain who graduated first in his class at West Point. But in the face of Trump’s triumphs, he turned tail and sucked-up. Pompeo was CIA director then secretary of state. On the job, his sycophancy grew legendary.“He’s like a heat-seeking missile for Trump’s ass,” a former ambassador recalled to Susan Glasser of the New Yorker.Never Give an Inch is Pompeo’s opening salvo in his bid for the Republican presidential nomination. On cue, he puckers up to Trump, the only declared candidate so far, and thanks Mike Pence, a likely contestant, for bringing him into the fold. But where others are concerned, Never Give an Inch doubles as a burn book.Pompeo strafes two other possible contenders: Nikki Haley, Trump’s first United Nations ambassador, and John Bolton, Trump’s third national security adviser.Trump, Pompeo says, branded Bolton a “scumbag loser”. Pompeo thinks Bolton should “be in jail, for spilling classified information”. The Room Where it Happened, Bolton’s tell-all book, evidently ruffled feathers. As for Pompeo’s own relationship with classified documents? “I don’t believe I have anything classified.” It’s not exactly a blanket denial.Turning to Haley, Pompeo dings her time as UN ambassador – “a job that is far less important than people think” – and her performance in that post.“She has described her role as going toe-to-toe with tyrants,” he observes. “If so, then why would she quit such an important job at such an important time?”Trump is largely spared criticism but his family isn’t. Ivanka Trump makes a dubious cameo. Jared Kushner is depicted as someone less than serious.Pompeo edited the Harvard Law Review. He can write. His memoir is tart and tight. Filled with barbs, bile and little regret, it is an unexpectedly interesting read. It is not the typical pre-presidential campaign autobiography. This one comes with teeth. Pompeo is always self-serving but never bland.He heaps praise on Benjamin Netanyahu of Israel and has kind words for Volodymyr Zelenskiy.“I’m troubled by the evil that has befallen his country,” Pompeo writes of Ukraine, a year into the Russian invasion. He also says he is “encouraged” that Zelenskiy, a “onetime Jerry Seinfeld” has “turned into a kind of General Patton”.But while Pompeo deploys the word “authoritarian” more than a dozen times, he never does so in reference to Trump. Trump, remember, has lauded Vladimir Putin as “smart”; praised the Russian president’s war strategy as “wonderful” and “genius”; derided Nato as “dumb”; and unloaded on Joe Biden as “weak”.Pompeo, the brown-noser-in-chief, has zero to say about this.As for Netanyahu, Pompeo is silent on Trump’s reported “fuck him” for the Israeli leader. No Trump appointee has ever dared grapple with that breach of decorum.Pompeo is happy, of course, to blame Obama for alienating Viktor Orban from the US and western Europe, and to sympathize with the Hungarian leader’s efforts to “root his time in office in his nation’s history and Christian faith”. Pompeo’s loyalties are clear. In Hungary this week, Yair Netanyahu, the Israeli prime minister’s son, slammed George Soros, the “global elite” and “radical leftist” control of the media.Pompeo is a fan of Jair Bolsonaro, Brazil’s defeated former leader, who he says “largely modeled his candidacy for president on President Trump”. Words written, presumably, before the mini January 6 in Brasília. Birds of a feather, etc.Pompeo also takes Pope Francis and the Catholic church to task over their relationship with China, and derides both the reformist Pope John XXIII and the liberation theology movement of the 1970s. In 2014, five decades after his death, John XXIII was canonized. Cardinal Timothy Dolan, the archbishop of New York, blurbed Pompeo’s book.As expected, Pompeo basically ignores the insurrection Trump stoked and the attack on Congress it produced. He refers to “mayhem at the Capitol” on 6 January 2021 and targets the “left” for looking to exploit the day’s events, but says nothing of Trump’s concerted effort to subvert democracy and overturn an election.Pompeo knows the GOP base. Three in five Republicans believe voter fraud birthed Biden’s victory. The same number say Trump did nothing wrong on January 6. Not surprisingly, Pompeo omits mention of his own tweets that day or his appearance before the House January 6 committee.“The storming of the US Capitol today is unacceptable,” Pompeo tweeted. “Lawlessness and rioting here or around the world is always unacceptable. Let us swiftly bring justice to the criminals who engaged in this rioting.”Asked about the tweets by committee staff, he responded: “I stand by it.”He also told Liz Cheney, on the record: “I thought the courts and the certification that took place were appropriate … the vice-president [Pence] made the right decision on the evening of 6 January” to certify Biden’s win.None of this appears on the page. Instead, Pompeo gleefully recalls how Trump approved of his loyalty.How well is all this working? Pompeo may well sell books but fail to move the needle. Polls show him at 1% in the notional presidential primary, tied with the likes of Paul Ryan, the former House speaker, and Ted Cruz, the Senate’s own squeegee pest. Pompeo trails Haley and Pence.The appetite for a Pompeo presidency seems … limited. Like Ron DeSantis, he is grim and humorless. Unlike the governor of Florida, Pompeo has no war chest.
      Never Give an Inch: Fighting for the America I Love is published in the US by HarperCollins
      TopicsBooksPolitics booksMike PompeoTrump administrationDonald TrumpRepublicansUS elections 2024reviewsReuse this content More

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      Biden and Pence documents reveal US crisis of ‘overclassification’, expert says

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      AnalysisBiden and Pence documents reveal US crisis of ‘overclassification’, expert saysDavid Smith in WashingtonSystem whereby government classifies 50m documents a year threatens national security and democracy, says Jameel Jaffer Donald Trump was caught with classified documents and Democrats were outraged. Joe Biden was caught with classified documents and Republicans were outraged. Mike Pence was caught with classified documents and it became clear that there might be a bigger problem here.America has a crisis of “overclassification”, critics say. Since the 11 September 2001 terrorist attacks, Washington has been overzealous in defining government secrets. Politicians and officials can too easily fall foul of this secrecy-industrial complex but the biggest losers are the American people denied democratic accountability.Pence discovery raises fresh questions over US handling of classified papersRead moreAmong the prominent voices calling for reform is Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University in New York. Previously at the American Civil Liberties Union (ACLU), he fought court battles over landmark post-9/11 cases relating to national security and individual rights.Jaffer makes no excuses for former president Trump, who hoarded about 300 documents with classified markings at his Mar-a-Lago estate in Florida and resisted justice department efforts to retrieve them. He regards the Biden and Pence cases as different because, as far as is known, they inadvertently left classified material at their respective homes in Delaware and Indiana and willingly turned it over to authorities.Jaffer would have expected the former vice-presidents to be more careful but argues that there is a more fundamental point: the failure of a process in which the government classifies about 50m documents every year – at a cost to taxpayers of approximately $18bn – while not declassifying them at anything like the same rate.“The bigger scandal here is not any particular episode involving the mishandling of classified information but rather the classification system itself, which is totally broken in ways that are bad not just for national security but for democracy,” Jaffer, 51, said this week by phone from Brooklyn, New York.“There’s too much information that’s classified. Too many people have access to the classified secrets. A lot of the information is classified for the wrong reasons because its disclosure would embarrass somebody or it would be inconvenient or would subject government officials to scrutiny that they would rather not have.”Special counsel investigations into Trump and Biden are just the tip of the iceberg.This week the National Archives wrote to representatives of living former presidents and vice-presidents requesting that they check their personal papers in case classified documents are still among them. Former officials from all levels of government discover they are in possession of classified material and turn them over to the authorities at least several times a year, the Associated Press reported.Why all the secrecy? One explanation is incentives. Classification can be useful for a government official seeking to conceal incompetence, preserve a bureaucratic monopoly on a particular set of facts or keep a rival government agency in the dark. Conversely there is no penalty for keeping information – however trivial or unnecessary – secret and no mechanism for declassifying in the public interest.One consequence of this runaway effect is that the national security bureaucracy suffers classification overload: when everything is secret, nothing is secret. Jaffer commented: “That has national security implications because it means that it’s harder to keep track of and protect the secrets that really do need to be secret.“It also breeds a kind of cynicism because people see, on the one hand, senior government officials going on about how sensitive these secrets are and, on the other hand, treating the documents in this kind of careless way.”Republicans accuse Biden of hypocrisy over classified documents discoveriesRead moreThere is a double standard, he added, between the way senior officials and junior employees are treated when they mishandle classified material. “That, too, is bad for national security because it demoralises intelligence community employees.”Rapacious classification also takes a toll on democracy. “A lot of the information that the public needs is unjustifiably kept out of the public domain and, as a result, public debate about important issues like foreign policy and war and counter-terrorism policy is impoverished or, even worse, distorted by needless secrecy.”Jaffer discovered this firsthand at the ACLU, which he had joined as a volunteer to advocate for people detained in raids in immigrant communities around New York in the weeks after September 11. Over the next 14 years he worked on cases relating to CIA black sites, the interrogation and torture of prisoners, indefinite detention, the drone campaign and warrantless wiretapping.He added: “The government made bad decisions in secret and, by the time the public learned of those decisions, it was too late to avoid some of the costs.”September 11 was a turning point after decades in which classification principally related to discreet wars overseas or the development of weapons, including nuclear weapons. The reaction to the attacks on New York and Washington changed the character of government secrets and brought them much closer to home.Jaffer commented: “After 9/11, a lot of this had much more direct implications for individual rights including the constitutional rights of Americans. There’s a difference between what is the government doing in south-east Asia and what is it doing here in New York City.“There’s a difference between keeping secret the specifications for a particular weapon and keeping secret the fact that you’re torturing prisoners in overseas black sites or engaged in dragnet surveillance of Americans’ phone calls and emails. Those are different kinds of secrets: they go to government policy, the scope of government power, the meaning of individual rights. The public has a much stronger interest in an informed public debate about those kinds of questions.”If the system is broken, what can be done to fix it? Presidents Bill Clinton and Barack Obama sought to encourage declassification with limited success. Jaffer would like to see an institution outside the executive branch – perhaps the judiciary – given the authority to make national security information public where the public interest outweighs the need for secrecy.“One foundational flaw in our national security system is that public interest balancing never happens. There is nobody who is tasked with considering the possibility that the government might have some interest in keeping something secret but the public interest in disclosure is greater.“There’s no public interest balancing in the context of the Freedom of Information Act. If you sue for national security information and the government says the information is classified, that’s the end of it. The judges don’t then say, well does it really need to be classified? But they should be empowered to do that. That would be an important reform.”The Espionage Act of 1917 is also long overdue a rewrite, according to Jaffer.In the 20th century only one person, Samuel Loring Morison, was convicted under the act for sharing information with the press (he was pardoned by Clinton in 2001). But after September 11, both Democratic and Republican administrations have used it aggressively to target journalists’ sources including Reality Winner, Terry Albury and Chelsea Manning.More recently the government has invoked the Espionage Act to go after a publisher: Julian Assange, the founder of WikiLeaks, whose methods Jaffer likens to those of journalists reporting on national issues. “They communicate confidentially with their sources, protect their sources’ identities, solicit classified information, publish government secrets.“Those are the things that Assange is being prosecuted for and that national security journalists engage in all the time – and have to engage in order to do the work we want them to do. That’s why I see the Assange case as such a threat to press freedom.”Jaffer is not an absolutist who wants to put all information in the public domain. But nor does he accept that the leaking of government secrets is an existential threat.Biden claims ‘no regrets’ but classified papers case could come back to bite himRead more“The much bigger problem is not that sensitive things are being disclosed dangerously but rather that important information crucial to the public’s ability to understand government policy, and crucial to the democratic legitimacy of the government’s policies, is being withheld unjustifiably,” he said.“What we need is a bottom-up reform of the entire classification system including the Espionage Act. I don’t think this is a system that is serving us well. The fact that the system is so broken has very significant costs for our society, and it’s bad not just for public debate and for democracy but even for national security too.”TopicsUS national securityJoe BidenMike PenceDonald TrumpUS politicsanalysisReuse this content More

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      US National Archives asks ex-presidents to check for classified papers

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      US National Archives asks ex-presidents to check for classified papersEx-presidents and vice-presidents including Obama, Bush, Cheney and Gore receive letters on reviewing their personal records The US National Archives has asked representatives for former presidents and vice-presidents on Thursday to review their personal records for any classified-marked documents in their possession after a series of such discoveries at the homes of Joe Biden, Donald Trump and Mike Pence.The archives sent letters to the presidents and vice-presidents in the previous six administrations that are covered under the Presidential Records Act, which requires materials from their time in the White House to be turned over to the agency when they leave office.“We request that you conduct an assessment of any materials held outside of Nara [National Archives and Records Administration] to determine whether bodies of materials previously assumed to be personal in nature might inadvertently contain Presidential or Vice Presidential records,” the letters said.The requests are understood to have gone to representatives for former presidents including Barack Obama, George W Bush and Bill Clinton, as well as former vice-presidents Dick Cheney, Al Gore and Dan Quayle, according to a source familiar with the matter.The archives did not respond to a request for comment.what we know about classified recordsRepresentatives for the four former presidents have said that they had not retained any classified-marked documents after leaving the White House, though Pence himself also claimed he had returned everything to the government until a recent search of his home found otherwise.The requests, earlier reported by CNN, come after lawyers to Biden and then Pence reported that a search of their private properties turned up classified-marked documents, months after the FBI searched Donald Trump’s Mar-a-Lago resort in August and seized about 100 such documents.The most recent spate of discoveries started with the revelation that Biden’s personal lawyer had found a number of classified-marked documents on 2 November, when he was clearing out his office last November at the University of Pennsylvania Biden Center for Diplomacy in Washington.Some of the documents at the UPenn Biden Center, the Guardian previously reported, included papers marked as classified at the Top Secret/Secret Compartmented Information level that were immediately reported to the National Archives, which in turn alerted the US justice department.The attorney general, Merrick Garland, asked US attorney John Lausch on 14 November to conduct a review of the matter. After the additional papers were found late last year, Lausch recommended on 5 January that Garland appoint a special counsel to take over the inquiry.Garland appointed Robert Hur, a top former Trump justice department official to serve as special counsel in the Biden documents case on 10 January, seeking to insulate the department from possible accusations of political conflicts after he named a special counsel to investigate Trump.The Biden documents case last week prompted close aides to Pence to search the former vice-president’s home in Indiana out of an abundance of caution, where they found a number of classified-marked documents, Pence’s counsel Greg Jacob said in a letter to the National Archives on 18 January.The letter added that the aide who searched the property could not specify anything more about the documents – including the content, dates and classification level, which remain unclear – because he stopped looking as soon as he saw the classified markings.The discovery of classified-marked documents is an embarrassing development for Pence after he confidently told ABC News last year that he had not improperly removed any materials from the White House. “I did not,” Pence said in November last year.Trump – Pence’s former boss – has been under federal investigation for more than a year over whether he wilfully retained national security documents at his Mar-a-Lago resort, and whether he obstructed efforts by the justice department to secure their return starting in May last year.Compared with Biden, and now Pence, who moved quickly to return documents to the government, Trump’s resistance to handing over materials at his Florida property led to the justice department turning his case into a criminal investigation.The department has typically pursued cases of mishandled classified documents criminally when they involve a combination of four aggravating factors: wilful mishandling of classified information, vast quantities of materials to suggest misconduct, disloyalty to the United States and obstruction.The investigation into Trump touches on at least two of those elements – obstruction, where a person conceals documents with an intent to impede a government agency, and the volume of classified materials at Mar-a-Lago.TopicsUS politicsJoe BidenDonald TrumpMike PencenewsReuse this content More

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      Pence discovery raises fresh questions over US handling of classified papers

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      Pence discovery raises fresh questions over US handling of classified papersBiden, Trump and Pence cases prompt calls to tighten government procedures as Republican congressman says ‘process is broken’ The discovery of classified documents at the home of former US vice-president Mike Pence, following similar incidents involving Joe Biden and Donald Trump, is bringing new scrutiny to government procedures for handling and securing its most delicate secrets.George Santos admits ‘personal’ loans to campaign were not from personal fundsRead moreThe justice department and FBI are looking into how about a dozen classified-marked papers came to be found last week in an unsecure location at Pence’s Indiana residence, two years after he and Trump left office.The attorney general, Merrick Garland, has meanwhile appointed independent special counsels to investigate what is thought to be around a dozen documents found at Biden’s Delaware home and Pennsylvania office, and many thousands of papers seized by the FBI at Trump’s Mar-a-Lago resort in Florida last year.The latest revelations have led to calls from politicians and analysts for a tightening of how classified documents are handled at the conclusion of a presidency, and a demand for more oversight of the federal agency responsible for securing and transporting them during the handover.There are also questions whether the US has a problem with over-classification of materials given the number of documents so far uncovered in the possession of senior current and former elected officials.“Clearly the process is broken,” the Florida Republican congressman Mike Waltz, a member of the House armed services committee, told Fox News.“We’ve got to take a hard look at GSA (General Services Administration) and how they and the intelligence community pack these documents [and] get them to wherever the president or vice-president is going.”Republicans seeking to gain political capital from the discovery of papers at Democrat Biden’s home and office, from his two terms as Obama’s vice-president, were quelled by the revelation that Pence, their own party’s most recent vice-president, also apparently took sensitive papers with him.In both cases, the politicians insisted they were unaware of the existence of the documents and, immediately upon their discovery, their lawyers contacted the National Archives, which in turn alerted the justice department.That contrasts sharply with Trump’s handling of more than 11,000 papers, including hundreds of classified and top secret documents, which he took from the White House in January 2021 and stored in boxes at his Mar-a-Lago resort in Florida.The former president resisted requests that he return the documents, which reportedly included a foreign power’s nuclear and military secrets, to the National Archives, prompting last summer’s FBI raid and, in November, the appointment by Garland of special prosecutor Jack Smith to look into the affair.“Quantitatively and qualitatively there are big differences between Trump’s situation on the one hand, and Biden and Pence on the other,” said Carl Tobias, Williams professor of law at the University of Richmond.“The FBI says Trump had 11,000 documents mostly at Mar-a-Lago, and several hundred classified documents. So far with Biden it’s a tiny number compared to that, maybe 25, and only some were classified, and it seems even smaller with Pence.“Also the behaviour, if you look at Pence and Biden, it may be negligent, or just not careful. There isn’t any notion of intent to do something, which is apparently the case with Trump. Those differences are pretty important.”The episode, nevertheless, is embarrassing for Pence, who insisted: “I did not” when asked by ABC News in November if he had taken classified material from the White House.Political allies have rushed to defend him. New York congresswoman and Trump loyalist Elise Stefanik, the House Republican conference chair, told reporters Pence did nothing wrong, while claiming without evidence that a “weaponized” FBI was engaged in a cover-up to protect Biden.Tobias said the episodes also suggested an issue with how the government decides what should be classified.“Hundreds of thousands of classified documents are generated every year, it’s difficult to keep track of all that and we may have an over-classification problem. Maybe Congress would pass some legislation to try to address that,” he said.“There’s just so many documents that you can’t expect all of them to be tracked. People should be more careful with the documents, but also not classify everything so much that you can’t handle it.”Representatives of three living former presidents, Barack Obama, George W Bush and Bill Clinton, told CNN they handed over all classified documents to the National Archives before leaving the White House, as did the office of the late George HW Bush.Legal analyst Chris Swecker, a former FBI assistant director, told Fox he was concerned that three current and recent occupants of the White House appeared not to have done so.“These politicians need to understand where this information comes from. They can’t just take it home,” he said.TopicsUS politicsMike PenceJoe BidenDonald TrumpRepublicansDemocratsnewsReuse this content More