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    Revealed: Trump used White House phone for call on January 6 that was not on official log

    Revealed: Trump used White House phone for call on January 6 that was not on official logTrump’s call to Republican senator should have been reflected in presidential call log on day of Capitol attack but wasn’t Donald Trump used an official White House phone to place at least one call during the Capitol attack on January 6 last year that should have been reflected in the internal presidential call log from that day but was not, according to two sources familiar with the matter.The former president called the phone of a Republican senator, Mike Lee, with a number recorded as 202-395-0000, a placeholder number that shows up when a call is incoming from a number of White House department phones, the sources said.The number corresponds to an official White House phone and the call was placed by Donald Trump himself, which means the call should have been recorded in the internal presidential call log that was turned over to the House select committee investigating the Capitol attack.Trump discussed ‘burner phones’ several times, John Bolton saysRead moreTrump’s call to Lee was reported at the time, as well as its omission from the call log, by the Washington Post and CBS. But the origin of the call as coming from an official White House phone, which has not been previously reported, raises the prospect of tampering or deletion by Trump White House officials.It also appears to mark perhaps the most serious violation of the Presidential Record Act – the statute that mandates preservation of White House records pertaining to a president’s official duties – by the Trump White House concerning January 6 records to date.A spokesperson for Trump did not immediately respond to a request for comment.Trump called Lee at 2.26pm on January 6 through the official 202-395-0000 White House number, according to call detail records reviewed by the Guardian and confirmation by the two sources, who spoke on the condition of anonymity to discuss sensitive matters.The call was notable as Trump mistakenly dialed Lee thinking it was the number for Republican Senator Tommy Tuberville. Lee passed the phone to Tuberville, who told Trump Mike Pence had just been removed from the Senate chamber as rioters stormed the Capitol.But Trump’s call to Lee was not recorded in either the presidential daily diary or the presidential call log – a problem because even though entries in the daily diary are discretionary, according to several current and former White House officials, the call log is not.The presidential daily diary is a retrospective record of the president’s day produced by aides in the Oval Office, who have some sway to determine whether a particular event was significant enough to warrant its inclusion, the officials said.But the presidential call log, typically generated from data recorded when calls are placed by the White House operators, is supposed to be a comprehensive record of all incoming and outgoing calls involving the president through White House channels, the officials said.The fact that Trump’s call to Lee was routed through an official White House phone with a 202-395 prefix – either through a landline in the West Wing, the White House residence or a “work” cellphone – means details of that call should have been on the call log.The only instance where a call might not be reflected on the unclassified presidential call log, the officials said, would be if the call was classified, which would seem to be unlikely in the case of the call to Lee. The absence of Trump’s call to Lee suggests a serious breach in protocol and possible manipulation, the officials said.It was not immediately clear how a Trump White House official might obfuscate or tamper with the presidential call log, or who might have the authority to make such manipulations.Trump’s calls on January 6 might not have been recorded in the presidential call log if he used his personal phone or the cellphones of aides, the officials said, and Trump sometimes called people with the cellphone of his then White House deputy chief of staff, Dan Scavino.But multiple current and former White House officials have noted that a copy of the call log – alongside the president’s daily schedule and the presidential line-by-line document – might be provided to Oval Office operations to help compile the presidential daily diary.That could lead to a situation where records are vulnerable to tampering, since the presidential daily diary and call log needs approval by a senior White House official before they can be sent to the White House office of records management, the officials said.And by the time of January 6, two former Trump White House officials said, there was scope for political interference in records preservation, with no White House staff secretary formally appointed after Derek Lyons’ departure on 18 December.The White House Communications Agency has also not been immune to political influence, the select committee revealed last year, when it found evidence the agency produced a letter that was intended to be used to pressure states to decertify Joe Biden’s election win.Trump’s call to Lee was not the only call missing from an unexplained, seven-hour gap in the presidential call log that day. Trump, for instance, also connected with House minority leader Kevin McCarthy as the Capitol attack unfolded.The presidential daily diary and presidential call log were turned over to the select committee by the National Archives after the supreme court refused a last-ditch request from Trump to block the release of White House documents to the panel.TopicsDonald TrumpUS Capitol attackUS politicsHouse of RepresentativesnewsReuse this content More

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

    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

    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

    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

    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

    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