(FRI 8/12/22)

Some marked ‘top secret’ … and meant to be only available in special government facilities, according to documents taken from ex-President Trump’s Florida estate, as reviewed by The Wall Street Journal. The FBI took about 20 boxes of items, binders of photos, a handwritten note and Trump’s executive grant of clemency to his ally, Roger Stone. Information about the “President of France” was included in the list, which is in a seven-page document included with the search warrant granted by a federal magistrate judge in Florida.

The FBI’s list includes one set of documents marked “Various classified/TS/SCI documents,” (for “top secret/sensitive compartmented information”) the WSJ reports. Agents collected four sets of top secret documents and three sets each of secret documents and of confidential documents. The list gave no other details. 

Trump’s attorneys say that he used his authority to declassify the material before he left office. The president has power to do this, according to the WSJ, but only under a process described by federal regulations. 

Regarding that French president: The FBI searched Trump’s Mar-a-Lago to look for nuclear documents and other items, The Washington Post reported earlier. France, for what it’s worth, is Continental Europe’s only designated nuclear weapons state.

Trump spokesman Taylor Budowich’s response: “The Biden administration is in obvious damage control after their botched raid where they seized the President’s picture books, a ‘hand written note’ and declassified documents. This raid of President Trump’s home was not just unprecedented, but unnecessary.”

Fact-check:

•It was a legal FBI search, not a “raid.” 

•Trump is ex-president, not president. 

•According to the White House, Biden had no knowledge of the search until Trump himself announced it Monday night.

Some Republicans back off: Congressional Republicans are “contorting” themselves over details of the FBI search of Mar-a-Lago, Politico reports. “As new information emerged about the circumstances behind the FBI search … the contrast drew starker between Republicans advancing a knee-jerk defense of the former president and those who are simply calling for additional disclosures” by the Justice Department, including Ohio’s Rep. Mike Turner, the ranking Republican on the House Intelligence Committee.

--Todd Lassa

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Garland Seeks to Unseal Mar-a-Lago Warrant (FRI 8/12/22)

By Todd Lassa

UPDATE: Ex-President Trump has called for the "immediate release" of the Justice Department's search warrant and property receipt for the FBI search at Mar-a-Lago, per NPR, though Trump's own lawyers have always had the right to release these documents themselves.

The Justice Department has filed a motion in the Southern District of Florida seeking to unseal the search warrant and property receipt for the FBI search of Donald J. Trump’s Mar-a-Lago, Attorney Gen. Merrick Garland announced in a rare public statement Thursday afternoon. Garland confirmed that the search was conducted in his authority and used the public forum to defend the actions of his department and of the FBI. 

Copies of the warrant and FBI receipt were provided to the former president’s counsel at Mar-a-Lago on the day of the search, as required by law, Garland said. In accordance with federal law and ethics rules and obligations, the AG was not able to give further details, but Garland said he had to make “certain points” after the strong reaction to the search by pro-Trump followers and pro-MAGA media:

•“I personally approved the decision to seek a search warrant in this matter.”

•“The department does not take such decisions lightly. When possible, it is standard practice to seek less-intrusive means as an alternative to a search and to narrowly scope any search that is undertaken.”

•On the  “unfounded attacks on the FBI and Justice Department agents and prosecutors; I will not stand by silently when their integrity is unfairly attacked. The men and women of the FBI and the Justice Department are dedicated, patriotic public servants. Every day they protect the American people from violent crime, terrorism and other threats to their safety while safeguarding our personal rights. They do so at great sacrifice and risk to themselves…

“I am honored to work alongside them.”

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...meanwhile... (THU 8/11/22)

'Deplorable and dangerous' ... FBI Director Christopher Wray's reaction to Trump supporters circulating threats online toward his agents after carrying out a search warrant on Mar-a-Lago Monday. "I'm always concerned about threats to law enforcement," the FBI chief, appointed by President Trump in 2017, said in a press conference following a visit to the Omaha field office. "Violence against law enforcement is not the answer, no matter who you're upset with." (Per USA Today.)

•••

Gas drops below $4/gallon ... The average price per gallon for regular unleaded in the U.S. is $3.99 as of Thursday, AAA reports, down from a peak of $5.016 per gallon on June 14.

•••

Fomenting civil war? ... Rhetoric from what constitutes the right wing these days raged on over the FBI’s search of Donald J. Trump’s Mar-a-Lago to recover a dozen boxes of classified government documents airlifted with the ex-president to his Florida compound. 

Trump was in Manhattan Monday when the FBI descended on the compound with warrant in hand, and Wednesday he appeared before New York State Attorney Gen. Letitia James for her questioning in the Trump Organization’s civil trial. Of course, Trump evoked the Fifth Amendment to all but one question, The New York Times reports – he confirmed his identity. Of course, Trump’s detractors dug up a tape of him on the campaign trail in 2016, calling the Fifth a mobster tactic and asking why anyone would use it except for evade the truth. Of course he replied to his detractors by saying that now, finally, he knows what good pleading the Fifth is for.

Pleading the Fifth was a smart tactic, and good advice from Trump’s lawyers, University of Michigan law professor and former U.S. attorney Barbara McQuade told NPR’s All Things Considered. Any testimony Trump would give in his company's civil trial could be used as evidence in the criminal trial, McQuade said.

--Todd Lassa