By Ken Zino
With the republic facing another public hearing by the Select Committee to Investigate the January 6th Attack on the United States Capitol Wednesday, let’s take a look at the fast-breaking developments last week of Donald J. Trump versus the United States of America. Part of the committees’ remit is “to strengthen the security and resilience of the United States and American democratic institutions against violence, domestic terrorism, and domestic violent extremism.”
The U.S. Court of Appeals for the 11th Circuit in Atlanta in a stinging rebuke of Judge Aileen Cannon’s contrary decision, agreed with the Justice Department to let the FBI reclaim access and use 100 classified documents (and “papers physically attached to them”) taken from Trump’s residence in Florida while conducting a legal search. The Trump-appointed (just after the 2020 election) Cannon had ruled that DOJ was not to present “the seized materials to a grand jury and (use) the content of the documents to conduct witness interviews as part of a criminal investigation.”
Trump’s preposterous argument that he de-classified the documents, either verbally or non-verbally was not addressed by his attorneys (mindful of their own futures if they advised Trump otherwise since there are clear procedures for de-classification?) was rejected completely in the appellate court ruling that said the law should not give Trump special treatment no matter what he was or is. So damaging was the ruling apparently to Cannon’s future career that she cancelled her stay against the use of the documents on the very evening the Court of Appeals issued the reproach.
Then came the special master that the Cannon ruling specified … as part of her egregious opinion in favor of the legally imperiled Trump and his attorneys. Enter special master Raymond J. Dearie, semi-retired judge from the Federal District Court for the Eastern District of New York. He was proposed by Trump’s attorneys and DOJ agreed that he read and sort through 11,000 records or documents that left the White House and turned up in the long-delayed August 8 search of Mar-a-Lago, after more than a year of DOJ maneuvering to get the National Security documents returned.
Dearie, who clearly is tired of all the lies and false arguments floating about in Trump-land in effect said, “Where’s the beef?” Dearie issued an order after the appellate court ruling asking Trump’s lawyers to let him know if there were any discrepancies between the documents that were kept at Mar-a-Lago and those the FBI said it had hauled away. He was countering false allegations that the FBI planted documents. Where’s your evidence, Trump?
This whole sordid affair would be farce if it solely existed on a Broadway stage: Mari Lago Magic Wand Madness Review and the Art of the Steal. The absurd jokes and steady laughter start as the curtain rises. A president can declassify simply by thinking about it, Trump told Sean Hannity. Guffaw. And the FBI in its legal search was really looking for the deleted e-mails of Hillary Clinton. Guffaw, guffaw. If they are deleted how would Trump have possession of them? Guffaw, guffaw, guffaw. If Trump had them, he certainly would have used them during the last 18 months when he illegally removed presidential records from the White House. Right? Guffaw. Guffaw, guffaw, guffaw.
Enter stage left, the New York attorney general with fraud charges, looking to fine Trump $250 million and stop him from doing business ever again in the state. Another “witch hunt” claim is not enough. Trump counters by appearing at his own rallies as a QAnon true believer and booster. Wait, there’s a last-minute script change. It’s Trump and company who are the Satan-worshipping pedophiles in our midst sucking the blood of our children so they won’t live to defend our democracy.
Curtain for the Mari Lago Magic Wand Madness Review and Art of the Steal?
As grim as Trump’s legal prospects look, there’s also the prospect of conspiracy charges over the 1/6 mob’s effort to have Mike Pence hanged, and ongoing election interference charges in Georgia. Perhaps now, finally, the GOP establishment has had enough. Nonetheless, all the investigations and potential charges haven’t significantly changed people’s views of him, a New York Times/Siena College poll found.
I’m not looking forward to a sequel. Let’s hope the backers -- the institutions and people who support American democracy -- turn off the money and shut Trump and the Art of the Steal down. The show’s over.