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      Trump discussed ‘burner phones’ several times, John Bolton says

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      Trump discussed ‘burner phones’ several times, John Bolton saysRevelation from former national security adviser raises pressure on Trump as lawmakers investigate gaps in January 6 call logs John Bolton, the former national security adviser, has revealed that he heard Donald Trump use the term “burner phones” several times and that they discussed how the disposable devices were deployed by people as a way of avoiding scrutiny of their calls.Bolton’s intervention compounds Trump’s difficulties amid a billowing controversy relating to seven hours and 37 minutes that are missing in official call logs. The gap occurs in records made for 6 January last year – the day of the violent insurrection at the US Capitol.The Washington Post and CBS News disclosed on Tuesday that the House committee investigating the insurrection is looking into a “possible cover-up” of the White House records. Documents originally held by the National Archives and turned over to the committee earlier this year showed a gap in Trump’s phone calls spanning precisely the period when hundreds of his supporters stormed the Capitol building.Records show long gap in Trump phone logs as January 6 violence unfoldedRead moreThe news outlets, which obtained 11 pages of records including Trump’s official daily diary and a call log for the White House switchboard, reported that the House panel has begun an investigation into whether Trump used disposable “burner phones” to sidestep scrutiny.In a statement to the Post/CBS News, Trump said: “I have no idea what a burner phone is, to the best of my knowledge I have never even heard the term.”Not true, according to Bolton. In an interview with the Post/CBS News, the former national security adviser said that he recalled Trump “using the term ‘burner phones’ in several discussions and that Trump was aware of its meaning”.Bolton added that he and Trump had spoken “about how people have used ‘burner phones’ to avoid having their calls scrutinized,” according to Robert Costa, author of the Post/CBS News revelations along with Bob Woodward.At the heart of the January 6 committee investigation is whether Trump was directly involved in coordinating the breach of security at the Capitol on the day that Joe Biden’s victory in the 2020 presidential election was to be certified by Congress. What Trump did, and whom he talked to, as the insurrection was unfolding is central to the inquiry.The call logs obtained by the committee show that Trump spoke to several close associates on the morning of January 6, including his lawyer Rudy Giuliani and former senior adviser Steve Bannon. His daily diary shows an entry at 11.17 am for a phone call with “an unidentified person”, but after that the records fall silent.The next phone log is at 6.54pm when Trump asked the White House switchboard to put him through to his communications chief, Dan Scavino.In those intervening 457 minutes Trump supporters and white supremacist groups had broken through police barricades, forcing vice-president Mike Pence, who was overseeing the certification process, into hiding. A bipartisan Senate report connected seven deaths to the attack with more than 100 law enforcement officers injured.TopicsDonald TrumpUS Capitol attackUS politicsJohn BoltonnewsReuse this content More

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      Records show long gap in Trump phone logs as January 6 violence unfolded

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      Records show long gap in Trump phone logs as January 6 violence unfoldedPanel reportedly investigating ‘possible coverup’ of records, with unexplained gap of seven hours as Capitol insurrection took place The House committee investigating the January 6 insurrection at the US Capitol is reportedly looking at a “possible cover-up” of White House records focusing on Donald Trump’s phone logs from that fateful day, which bear an unexplained gap of seven hours and 37 minutes covering the period when the violence was unfolding.‘Clank, into the hole’: Trump claims hole-in-one at Florida golf club Read moreDocuments obtained by the Washington Post and CBS News put flesh on the bones of one of the great mysteries of January 6: why White House phone logs contain holes in the record despite evidence the then president busily made calls at the height of the insurrection.The documents reveal that Trump’s diary shows an entry at 11.17am when he “talked on a phone call to an unidentified person”. The next entry is not until 6.54pm – 457 minutes later – when Trump asked the White House switchboard to place a call to his communications chief, Dan Scavino.Between those times Trump addressed a rally on the Ellipse, exhorting supporters to “fight like hell”; hundreds of Trump followers overran police barricades and stormed the Capitol building; and Mike Pence, the vice-president, who had been overseeing the certification of Joe Biden’s victory in the presidential election, was forced to go into hiding.A bipartisan Senate report connected seven deaths to the attack. More than 100 law enforcement officers were injured.In an echo of history, the investigation by the January 6 committee of a possible cover-up was revealed by Bob Woodward of the Washington Post, who made his name, with Carl Bernstein, by breaking the story of Watergate and bringing down a president, Richard Nixon. Woodward’s journalistic partner on this occasion was Robert Costa, his co-author of Peril, a book on the end of the Trump presidency which was released last year.The pair reported that the long gap between call logs was of “intense interest” to elements of the January 6 committee. They quoted an unnamed member of the panel who said they were investigating a “possible cover-up”.The January 6 committee consists of nine members, seven Democrats and two Republicans, Liz Cheney of Wyoming and Adam Kinzinger of Illinois, participating in defiance of party leadership.According to Woodward and Costa, the committee is looking at possible ways in which Trump skirted normal accountability governing telephone calls for a sitting president. One theory is that he might have used disposable or “burner phones”.In a statement, Trump dismissed such speculation.“I have no idea what a burner phone is, to the best of my knowledge I have never even heard the term,” he said.The disclosure of evidence around the events of January 6 has been a bone of contention between Trump and the House committee. Last month the National Archives disclosed it had found boxes of classified documents the former president had improperly taken from the White House.The phone logs containing the six-hour interlude were only handed over to the committee earlier this year after the US supreme court rejected a call by Trump to block the transfer of the documents.The apparent parallels between Trump’s missing phone logs and Nixon’s Watergate cover-up – both situations enhanced by the presence of Woodward’s reporting – was too enticing for commentators to ignore.Bill Kristol, editor-at-large of the anti-Trump conservative website The Bulwark, compared the two presidents’ remarks, writing: “‘I have never obstructed justice … I am not a crook.’ – Richard M Nixon, Nov 17, 1973. ‘I have no idea what a burner phone is …” – Donald J Trump, March 29 2022.’ ”Several people noted the disparity between the infamous 18-and-a-half minutes that were missing in White House tapes of conversations between Nixon and his chief of staff, HR Haldeman, and the vastly longer gap of more than seven hours in Trump’s phone logs.The missing Nixon tapes were from 20 June 1972, three days after the Watergate break-in.The constitutional law scholar Laurence Tribe tweeted that Trump’s gap “makes the infamous 18-minute gap in Nixon’s tapes look like nothing in comparison”.Pressure on Trump over his actions on January 6 comes at an intense moment for him. Earlier this month, the committee laid out a case for the former president having violated several federal laws in his attempt to overturn the 2020 election results and stay in power.This week, a federal judge stated that Trump appeared to have committed multiple felonies in his pursuit of the “big lie” that the election was stolen. The judge, David Carter, ordered John Eastman, the conservative lawyer who advised Trump on how to delay certification of Biden’s victory, to hand over hundreds of emails to the January 6 committee.TopicsUS Capitol attackDonald TrumpUS politicsnewsReuse this content More

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      US Capitol attack panel votes to recommend prosecution of Trump duo

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      US Capitol attack panel votes to recommend prosecution of Trump duoSelect committee unanimously agrees to advance contempt of Congress citations against Peter Navarro and Dan Scavino The House select committee investigating the Capitol attack voted on Monday to recommend the criminal prosecution of two of Donald Trump’s top former White House aides – Peter Navarro and Dan Scavino – for defying subpoenas in a bid to undermine the January 6 inquiry.The select committee unanimously approved the contempt of Congress report it had been examining. The citations now head for a vote before the Democratic-controlled House of Representatives, which is expected to approve resolutions for referrals to the justice department.Congressman Bennie Thompson, the chair of the select committee, said at the vote that the panel was seeking the criminal prosecution for Navarro and Scavino to punish their non-cooperation over claims of executive privilege it did not recognize.Judge says Trump ‘likely’ committed crimes in bid to block Biden victoryRead more“Executive privilege doesn’t belong to just any White House official. It belongs to the president. Here, President Biden has been clear that executive privilege does not prevent cooperation with the Select Committee by either Mr Scavino or Mr Navarro,” Thompson said.“Even if a president has formally invoked executive privilege regarding testimony of a witness – which is not the case here – that witness has the obligation to sit down under oath and assert the privilege question by question. But these witnesses didn’t even bother to show up.”The vote to advance the contempt citations against the two Trump White House aides came as the select committee was expected to huddle to discuss whether to demand that Ginni Thomas, the wife of supreme court justice Clarence Thomas, assist the investigation.The panel had sought cooperation from Navarro, a former Trump senior adviser, since he helped to devise an unlawful scheme with operatives at the Trump “war room” in Washington to have then-vice president Mike Pence stop the certification of Joe Biden’s election win.Navarro worked with the Trump campaign’s lawyers to pressure legislators in battleground states won by Biden to decertify the results and instead send Trump slates of electors for certification by Congress, the panel said in the contempt report.The former Trump aide also encouraged then Trump White House chief of staff Mark Meadows to call political operative Roger Stone to discuss January 6 and coordinated with Willard war room operative Steve Bannon in the days before the Capitol attack, the panel added.But Navarro told the select committee – without providing any evidence – that the former president had asserted executive privilege over the contents of his subpoena issued last month, and refused to provide documents or testimony.The panel for months has also sought assistance in its investigation from Scavino, the former Trump White House deputy chief of staff for communications, since he attended several meetings with Trump where election fraud matters were discussed.But after the panel granted to Scavino six extensions that pushed his subpoena deadlines from October 2021 to February 2022, the former Trump aide also told House investigators that he would not comply with the order because Trump invoked executive privilege.The select committee rejected those arguments of executive privilege, saying neither Navarro nor Scavino had grounds for entirely defying the subpoenas because either Trump did not formally invoke the protections, or because Biden ultimately waived them.Congressman Jamie Raskin, visibly furious as he read out remarks at the vote, slammed the executive privilege claims. “Please spare us the nonsense talk about executive privilege, rejected now by every court that has looked at it,” Raskin said.“This is America, and there’s no executive privilege here for presidents, much less trained advisors, to plan coups and organize insurrections against the people’s government in the people’s constitution and then to cover up the evidence of their crimes.“These two men,” Raskin said of Navarro and Scavino, “are in contempt of Congress and we must say, both for their brazen disregard for their duties and for our laws and our institutions.”The panel also said that even if it accepted the executive privilege claims, the two former Trump aides had no grounds to entirely ignore the subpoenas since they also demanded documents and testimony about non-privileged matters.The panel added the justice department’s office of legal counsel had determined they also had no basis to defy the document request in the subpoena, noting there has never been any purported immunity for producing non-privileged documents to Congress.And at the vote to recommend contempt citations, the vice-chair of the panel, Liz Cheney urged the justice department to also reject the two Trump aides’ arguments for defying their subpoenas should the House make the expected criminal referrals.“The Department of Justice is entrusted with the defense of our constitution; department leadership should not apply any doctrine of immunity that might block Congress from fully uncovering and addressing the causes of the January 6th attack,” Cheney said.TopicsDonald TrumpUS Capitol attackUS politicsnewsReuse this content More

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      Judge says Trump ‘likely’ committed crimes in bid to block Biden victory

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      Judge says Trump ‘likely’ committed crimes in bid to block Biden victoryScheme to retain presidency ‘a coup in search of a legal theory’Trump lawyer John Eastman ordered to hand over emails Donald Trump appears to have committed multiple felonies as he sought to return himself to power on 6 January, a judge said in a Monday ruling that ordered the Trump lawyer John Eastman to turn over hundreds of emails to the House select committee investigating the Capitol attack.The extraordinary ruling marks a breakthrough and paves the way for the select committee to obtain some of Eastman’s most sensitive emails concerning his illegal scheme to overturn the 2020 election, which he had attempted to shield from the inquiry.Questions abound as Trump raises – and hoards – huge sums of 2024 cash Read more“Based on the evidence the court finds that it is more likely than not that President Trump and Dr Eastman dishonestly conspired to obstruct the joint session of Congress on January 6 2021,” ruled Judge David Carter.Trump and Eastman launched a campaign to overturn a democratic election in a strategy that was unprecedented in American history, Carter said, describing their scheme as a “coup in search of a legal theory” and directly spurred the Capitol attack.The judge’s order is perhaps the first time ever that a federal court has found a president may have committed a crime while in office – and raises the stakes for the justice department, which has vowed to pursue January 6 criminal cases at any level.The decision will also serve to undercut Trump’s claim that the investigation is a partisan effort to hurt him politically, now that the select committee’s inquiry has been reaffirmed through the imprimatur of a federal court. It also comes amid reports that Trump’s son-in-law and close aide during his presidency, Jared Kushner, is scheduled to appear before the January 6 panel this week.The select committee has been pursuing Eastman’s emails around the time of the Capitol attack since he was the architect of the brazen and unlawful scheme to have Mike Pence, then the vice-president, stop the certification of Biden’s election win on January 6.The scheme – one of several devised by Eastman and political operatives working from a Trump “war room” in the Willard hotel in Washington – called for Pence to refuse to count the electoral college votes for Biden and ultimately return Trump to the presidency.But Eastman refused to turn over several hundred emails related to the effort despite a subpoena from the select committee, claiming that those communications were protected by attorney-client privilege since he acted as counsel to the former president.Carter ruled that the possible criminal activity between Trump and Eastman in the days leading up to 6 January meant one document was subject to the so-called crime-fraud exception to claims of attorney-client privilege and must therefore be released to the panel.The document is an email chain forwarded to Eastman by Trump’s former attorney Rudy Giuliani that recommended the then vice-president, Mike Pence, reject electors for Biden at the certification of his election victory in the 2020 election, the ruling said.In the draft memo that advanced the plan to obstruct the congressional certification, the Trump lawyers transformed their interpretation of the Electoral Count Act that governed the process into a day-by-day plan that they knew violated the statute, the ruling said.“Because the memo likely furthered the crimes of obstruction of an official proceeding and conspiracy to defraud the United States, it is subject to the crime-fraud exception and the court orders it to be disclosed,” Carter wrote.The crime-fraud exception does not require a completed crime or fraud, the ruling said, only that the client consulted the attorney in an effort to complete one. The exception applies even if the attorney does not participate in the criminal activity.But the select committee indicated they believed Eastman had engaged in criminal activity after he conceded in a separate email that his scheme to have Pence stop or adjourn Biden’s certification on 6 January was unlawful – yet urged Pence to do it anyway.The judge appeared to agree with the panel and said in the ruling that even if Eastman might be correct that the Electoral Count Act was at odds with the constitution, it did not give Trump license to defy, or allow him to circumvent, the statute.“Disagreeing with the law entitled President Trump to seek a remedy in court, not to disrupt a constitutionally mandated process,” Judge Carter said. “This plan was a last-ditch attempt to secure the presidency by any means.”TopicsUS Capitol attackDonald TrumpUS politicsnewsReuse this content More

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      Ex-Trump aides move step closer to being held in contempt of Congress

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      Ex-Trump aides move step closer to being held in contempt of CongressPeter Navarro and Dan Scavino have refused to cooperate with House panel investigating January 6 insurrection Two of Donald Trump’s top former advisers, Peter Navarro and Dan Scavino, are facing mounting legal peril after the House committee investigating the January 6 insurrection at the US Capitol moved a step closer to recommending criminal charges against them.Capitol attack panel expects to hear how militia groups coordinated plans before insurrectionRead moreThe members of the committee were expected to meet on Monday night to discuss whether to hold Navarro, Trump’s former trade adviser, and Scavino, his former deputy chief of staff, in criminal contempt of Congress.A contempt report released on Sunday accused the two men of ignoring subpoenas that require them to hand over documents and face questions from the committee.The committee is expected to vote unanimously to recommend charges, triggering a House vote. The recommendation would then pass to the Department of Justice, which would decide whether to prosecute.Scavino, 46, and Navarro, 72, were intimately involved in efforts to subvert the results of the 2020 election so Trump could hang on to power. The contempt report says Scavino attended “several meetings with the president in which challenges to the election were discussed”.It also refers to Scavino having monitored a website, TheDonald.win, on which individuals planned violence in the run-up to January 6.Navarro was a prominent advocate of false claims of voter fraud. He has openly talked about a plan known as the “Green Bay Sweep”, which involved attempting to persuade lawmakers in battleground states to object to Joe Biden’s victory, in the hope of delaying certification in Congress.Both former Trump aides are accused by the committee of having failed to meet the demands of their subpoenas. Scavino, who was subpoenaed in September, has been granted six extensions but has yet to produce a document or testify, the contempt report said.Navarro, who was issued a subpoena last month, has declined to discuss any issues with the committee despite having addressed several in his own book, In Trump Time, published last November. The committee argues that his voluntary disclosures as an author make a mockery of his claim of executive privilege as justification for non-cooperation.Scavino also insists he is not able to testify because Trump has invoked executive privilege. The Biden administration has said it will not use executive privilege to shield individuals from having to provide documents and other information.The supreme court in February rejected Trump’s request to block the transfer of thousands of documents from the National Archives. Scavino and Navarro argue that the wider question of executive privilege is unsettled.The Capitol riot erupted after Trump exhorted supporters to “fight like hell” to stop Congress certifying Biden’s victory. The US Senate has linked seven deaths to the riot, in which more than 100 law enforcement officers were injured. Nearly 800 people have been charged in connection with the attack, some with seditious conspiracy.Contempt referrals have been sent to the DoJ for two other central Trump figures. Steve Bannon, Trump’s former strategist, was charged in November by a federal grand jury. He has pleaded not guilty. Mark Meadows, the White House chief of staff at the time of the Capitol assault, was referred to the DoJ. It is still reviewing the evidence.The January 6 committee also made a contempt referral for Jeffrey Clark, a former DoJ official who promoted an attempt to delay certification of results in key states. He was spared a vote in the House after he agreed to appear before the committee – though he went on to invoke his right to silence more than 100 times.TopicsUS Capitol attackTrump administrationnewsReuse this content More

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      Capitol attack panel expects to hear how militia groups coordinated plans before insurrection

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      Capitol attack panel expects to hear how militia groups coordinated plans before insurrection Testimony could play a major role in establishing whether Trump oversaw a criminal conspiracy in efforts to overturn 2020 electionBehind closed doors in a nondescript conference room at the foot of Capitol Hill, the House select committee investigating 6 January next week expects to hear testimony about the connections between the Oath Keepers and the Proud Boys militia groups and the Capitol attack.The panel expects to hear how the Oath Keepers and the Proud Boys coordinated their plans and movements in the days before the insurrection to the same level of detail secured by the justice department and referenced in recent prosecutions for seditious conspiracy.And the select committee hopes to also hear in the 5 April deposition – arranged by a senior counsel for the panel – private conversations between the leaders of the two militia groups and whether they might have communicated with any Trump advisers.The panel should get the evidence both on the record and under oath, according to two sources familiar with the arrangement, to add to raw video footage of a meeting between the Oath Keepers and Proud Boys leaders in a garage across from the Capitol on the eve of 6 January.The expected testimony and materials represent another significant breakthrough for the investigation and could play a major role in establishing for the select committee whether Donald Trump oversaw a criminal conspiracy as part of his efforts to overturn the 2020 election.Most crucially for the panel, it could form part of the evidence to connect the militia groups that stormed the Capitol on 6 January to the organizers of the Save America rally that immediately preceded the attack – who in turn are slowly being linked to the Trump White House.As the select committee moves closer to Trump – who House investigators alleged in a recent court filing that the former president violated federal laws including obstructing Congress and conspiring to defraud the United States as he sought to return himself to power – it is redoubling its efforts.The information that Sean Tonolli, the senior investigative counsel who set up the deposition, should obtain about the Oath Keepers and Proud Boys in the first week of April means the panel has managed to get all the major evidence for all the big moments.In December, the select committee revealed that it had in its possession 2,320 text messages from Trump’s former White House chief of staff Mark Meadows, emails such as one with a PowerPoint presentation on staging a coup, and other documents he had turned over to the inquiry.That alone has been seen as a treasure trove of materials, including messages to and from House Republicans who apologized for not being able to stop the certification of Joe Biden’s election win, and more recently, messages with Ginni Thomas, the wife of supreme court justice Clarence Thomas.In January, the panel got from the National Archives thousands of pages of Trump White House documents that the former president unsuccessfully sought to shield over claims of executive privilege in a case that Justice Thomas reviewed and emerged as the sole dissenter.Those included documents in the files of Meadows and former deputy White House counsel Pat Philbin, among others, and Trump’s private schedule for 6 January that showed he gave the crowd a false pretense to go to the Capitol perhaps in the hope that they might stop Biden’s certification.Then the select committee learned of the fake electors ploy – a scheme to send “alternate” slates of Trump electors to Congress in states won by Biden – that ensnared the White House and showed the involvement of some of Trump’s most senior aides.Earlier this month, the panel also revealed in separate litigation that Trump lawyer John Eastman knew that his plan to have then-vice president Mike Pence reject Biden’s wins in select battleground states and return Trump to office was an unlawful violation of the Electoral Count Act.The panel has so far conducted the vast majority of its investigation in private, conducting nearly 750 depositions behind closed doors, amassing more than 84,000 documents and pursuing more than 430 tips that have come through on its website tip line.But notwithstanding the secrecy, the select committee has uncovered extraordinary information that have put them several steps closer to potentially forcing them to make criminal referrals to the justice department once the inquiry is complete, the sources said.What the panel has found and made public so far, the sources said, could also lay the groundwork to sketch out a criminal conspiracy that connects Trump’s political plan to return himself to office with the attack itself – its ultimate suspicion, the Guardian first reported.From its nondescript offices boarded up with beige boards and wood-paneled conference rooms with blinds always drawn, the select committee has spent the last eight months working in color-coded teams in an attempt to untangle Trump’s efforts to subvert the 2020 election results.The gold team is examining Trump’s plans to stop the certification of Biden’s election win with the help of Republican members of Congress, and his pressure campaign on state, local and justice department officials to return himself to office.The red team is looking at the Save America rally organizers and the Stop the Steal Movement, while the purple team is scrutinizing the Oath Keepers, the Proud Boys, the 1st Amendment Praetorian and how militia groups helped lead the Trump mob into the Capitol building.As the panel moves into the second phase of its investigation, its members have said they want to release in narrative form the evidence of wrongdoing in a series of public hearings that are likely to be delayed from April to May but still focus on how Trump broke the law.The select committee’s purpose remains to recommend legislative reforms to prevent a repeat of 6 January, but the evidence collected by the panel is fast hurtling it towards a conclusion of criminal behavior that could implicate Trump – and necessitate a referral – the sources said.TopicsUS Capitol attackDonald TrumpUS elections 2020US politicsThe far rightnewsReuse this content More