Where’s the Beef? 1/6 Hearing Curtain Raiser

By Ken Zino

With the republic facing another public hearing by the Select Committee to Investigate the January 6^th 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.

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Congress Takes Recess

After Friday’s House vote on the Inflation Reduction Act of 2022, Congress is on its scheduled summer recess until after Labor Day. The House Select committee investigating the January 6 Capitol attack will continue its investigation, though with no plans for public hearings before September. The Hustings is taking a break, too, though with news updates, including coverage of the Wyoming Republican primary Tuesday, August 16, in which Rep. Liz Cheney, vice chair of the House Select committee, faces challenges from pro-Trump candidates.

Scroll down to read our aggregate coverage of the FBI’s search of Donald J. Trump’s Mar-a-Lago estate in Florida and the fallout, with commentary in the left and right columns. Contributing pundit Jim McCraw’s commentary, “The Documents Were There. Really. The FBI Took Them Back,” is below in the left column.

COMMENTS: editors@thehustings.news.

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Like Beating a Dead Election Results Challenge

By Todd Lassa

If you think you’ve heard everything from the eighth hearing of the House Select Committee to Investigate the January 6^thAttack on the United States Capitol before, it’s because you watched it in horror that day, and maybe watched most, or all seven, previous hearings.

Thursday night, the panel filled in Donald J. Trump’s 187 minutes of public “absence” that day with loyal Republican White House aides testifying he ignored their pleas to call off the mob as he tried to disrupt the ceremonial Electoral College count.

D.C. Metro Police Sgt. Mark Robinson testified on video that Trump wanted to return to the Capitol after Secret Service drove him back to the White House and put the motorcade on standby for 45 minutes. Trump knew within 15 minutes of returning to the White House that the Capitol had been breached, he said.

Trump then spent the next two-and-a-half hours watching Fox News from the White House dining room. From 11:06 a.m. to 6:45 p.m., the committee said, no calls to the president were entered into the White House logs.

But the president’s attorney, Rudy Giuliani, called Trump for about four minutes beginning at 1:39 p.m., Rep. Elaine Luria (D-VA), of the panel said, and at 1:49 p.m. the D.C. police called the attack a riot. Trump responded by tweeting a video of his speech at the Ellipse from that morning.

In his video testimony, Trump administration counsel Pat Cipollone testified that he and everyone else in the White House except the president wanted the president to call off the riot from the moment its intensity was apparent on TV.

Former Deputy Press Secretary Sarah Matthews, who testified live with former Deputy National Security Advisor Matthew Pottinger (both pictured above) said Thursday she supported a move to get Trump to record a video from the press briefing room, less than a 60-second walk from the dining room, telling his followers to leave the Capitol.

Trump did not budge, and instead took an eight-minute call from Giuliani at 2:03 p.m. At 2:13 p.m., the Capitol building was breached and rioters entered. An anonymous White House security official testified on an audio recording that members from the vice president’s security detail, holed up with Mike Pence in his Capitol office, were beginning to fear for their own lives. The security detail were “close to pressing to use lethal weapons, or worse,” and were calling family with goodbyes.

Trump’s 2:24 p.m. tweet said that Mike Pence “did not have the courage to do what should have been done to defend our country and the Constitution,” and that prompted the mob to turn on the vice president and call for his hanging.

Pottinger, the deputy national security adviser who, in his opening remarks, praised Trump’s foreign policy on China trade and the Middle East Abraham Accord “decided to resign after that tweet. … I simply did not want to be associated with the events that were unfolding at the Capitol.”

Matthews, the former deputy press secretary, called it a “bad tweet” that “essentially gave the green light to these people.” Supporters “truly latch on to every word and every tweet” from Trump. The president called one of his minions, Sen. Tommy Tuberville (R-AL), who had to end the call so he could evacuate himself from the Capitol. The 1/6 committee showed the infamous photo of Sen. Josh Hawley (R-MO) raising his fist in support of the insurrectionists, then moments later running away from the rioters inside the Capitol.

Trump tweeted at 2:38 p.m. and 3:13 p.m., calling on his supporters to “stay peaceful,” but Trump “already knew the mob was attacking the police,” Rep. Adam Kinzinger (R-IL) said. One rioter’s two-way radio broadcast said that Trump had told them to support the police, but said nothing about the safety of members of Congress.

Fox News personalities joined the White House staff in urging Trump to call off his supporters and to condemn their actions. Rep. Mike Gallagher (R-WI) tweeted a video asking Trump to call it off and President-elect Biden told him to “demand an end to this siege.”

Finally, at 4:17 p.m., Trump tweeted a video from the Rose Garden telling rioters to go home, that they were “special” and he “loved” them. By now, the National Guard and FBI began to deploy on the Capitol.

Trump had rejected a Rose Garden script that asked his supporters to “leave the Capitol in a peaceful way. He instead began the message by repeating “fraudulent election” claims.

“I was shocked by the fact that he chose to begin the video by repeating the lie that the election was stolen,” Matthews said. She found it heinous that she may have to defend Trump’s words. “I knew I was leaving (the White House job) that evening.”

Kinzinger showed Trump’s last tweet of the day, from 6:01 p.m., in which he begins, “These are the things that happen when a sacred landslide victory is so unceremoniously and viciously stripped away … remember the day forever.”

“He showed absolutely no remorse,” Kinzinger said.

Testimony bled into January 7, when both Pottinger and Cipollone officially resigned. Joint Chiefs of Staff Chairman Gen. Mark Milley said White House Chief of Staff Mark Meadows described to him that Trump was “very emotional and in a very bad place.”

January 6 panel vice chair Liz Cheney (R-WY), standing in for COVID-stricken chairman Bennie Thompson (D-MS), who briefly appeared via video, concluded the hearings saying Trump should not “be even trusted with another position of authority again.”

The committee continues its investigative work in August, when its first report is due, and its next set of hearings are scheduled to begin in September.

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COMMENTS: editors@thehustings.news