Tag: Justice department

Four Criminal Referrals for Trump

By Todd Lassa

The House Select Committee to Investigate the January 6th Attack on the United States Capitol has issued to the Justice Department four referrals for criminal charges against former President Donald J. Trump over attempts to overturn the 2020 election. The charges did not include seditious conspiracy, the charges for which two Oath Keepers, including founder Stewart Rhodes III, were found guilty last month for their involvement in the attack. 

The charges are: I.) Obstruction of an official proceeding; II.) Conspiracy to Defraud the United States; III.) Conspiracy to Make a False Statement; and IV.) “Incite,” “Assist,” “Aid or Comfort” an insurrection.

The fourth referral, if prosecuted by the Justice Department, would prevent Trump from running for any federal or state office.

“He is unfit for any office,” committee Vice Chairwoman Liz Cheney (R-WY) said.

John Eastman, the attorney who allegedly advised Trump that Vice President Mike Pence could reject the Electoral College results on January 6, also was named in the referrals. All referrals may be applied to “others” identified in the Justice Department’s investigation, panel member Adam Schiff (D-CA) noted in comments to reporters after the hearing.

Additionally, four Congress members will be referred to the House Ethics Committee for ignoring subpoenas to testify before the 1/6 committee, Rep. Jamie Raskin (D-MD) said. They are Reps. Kevin McCarthy (R-CA), Andy Biggs (R-AZ), Jim Jordan (R-OH) and Scott Perry (R-PA), Roll Call reports. A fifth, Rep. Mo Brooks (R-AL) is retiring and was left out of the referrals.

The House Ethics Committee currently has four Democratic and four Republican members, NPR says, and is unlikely to take actions against the four members before a new Congress convenes next month. 

Rep. Zoe Lofgren (D-CA) said the panel has evidence of attempted witness tampering. An attorney for Trump told a witness to say under testimony that she didn’t “retain facts” and in exchange would be offered a job that “would make her very comfortable.” 

In his post-hearing comments, Schiff said there was evidence that some witnesses may not have been completely forthright with the committee. Asked whether the panel has evidence backing star witness Cassidy Hutchinson’s second-hand testimony that Trump physically attacked a Secret Service agent who would not drive him to the Capitol as the insurrection began 

 https://thehustings.news/surprise-witness-cassidy-hutchinson/

Schiff said; “I found Cassidy Hutchinson’s testimony to be entirely credible and I leave it to you to assess the witness’ credibility.”

The 1/6 committee released the first part of its final report here:

 https://january6th.house.gov/report-executive-summary

The panel will release the full report before the end of this year, Committee Chairman Bennie Thompson (D-MS) said.

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COMMENTS: editors@thehustings.news

Oath Keepers, Done – Trump Next?

By Ken Zino

Elmer Stewart Rhodes III, founder and leader of the Oath Keepers, and Kelly Meggs, leader of the Florida chapter of the group, were found guilty by a jury on Tuesday of seditious conspiracy and other charges for crimes related to the breach of the U.S. Capitol on January 6, 2021. 

“Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election,” the Justice Department said. 

Three additional defendants, who were leaders and associates of the organization, Kenneth Harrelson, Jessica Watkins and Thomas Caldwell, were found guilty of related felony charges. The verdict followed an eight-week trial and three days of deliberations. 

No sentencing date was set. However, charges of seditious conspiracy, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and tampering with documents or proceedings each carry a statutory maximum penalty of 20 years in prison.

This, of course, begs the question about the ex-president who wanted to lead Oath Keepers that day after launching his Big Lie before the election and pushing it non-stop afterwards to overturn the legal results. The Big Lie was echoed by virtually the entire Republican party.

“Today the jury returned a verdict convicting all defendants of criminal conduct, including two Oath Keepers leaders for seditious conspiracy against the United States,” said Attorney General Merrick B. Garland. “The Justice Department is committed to holding accountable those criminally responsible for the assault on our democracy on January 6, 2021. The prosecutors and agents on this case worked tirelessly, with extraordinary skill, and in the best traditions of the Department of Justice.”

No prevarication whatsoever that I can perceive in Garland’s statement.

Last words for the moment from the FBI: “As this case shows, breaking the law in an attempt to undermine the functioning of American democracy will not be tolerated,” said FBI Director Christopher Wray. “The FBI will always uphold the rights of all citizens who peacefully engage in First Amendment protected activities, but we and our partners will continue to hold accountable those who engaged in illegal acts regarding the January 6, 2021, siege on the U.S. Capitol.”

In the 22 months since Jan. 6, 2021, more than 900 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 275 individuals charged with assaulting or impeding law enforcement. 

“The investigation remains ongoing. Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.”

Yes, ongoing, but if there was enough to convict Oath Keepers, seems that should be sufficient to indict Trump. Coming soon “The United States Versus Donald J. Trump.” J as in Justice?

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Left on Rhodes?

(TUE 11/29/22)

What do the guilty verdicts of Oath Keepers leaders Stewart Rhodes and Kelly Meggs mean for future seditious conspiracy cases by the Justice Department? Watch this space for commentary by contributing pundit Ken Zino. 

Click on The Gray Area to read Zino’s commentary on the Chinese intelligence officer recently convicted of espionage in the case involving General Electrics Aviation secrets. 

Enter your own Comments in the box in this column or in the right column, or email us at editors@thehustings.news.

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…meanwhile…

Jeffries Elected House Democratic Leader – House Democrats have elected Rep. Hakeem Jeffries (D-NY) (above) their leader, replacing Speaker Nancy Pelosi (D-CA), who announced she would step down after two decades (but remains in Congress for at least two more years). Jeffries, 52, covers New York’s 8th District which includes large parts of Brooklyn and a section of Queens, and becomes the first Black congressional leader from any party, replacing Pelosi, 82, who was the first female congressional leader from any party. Younger Democrats in Congress have been clamoring for more youthful leadership for the last few years. 

Other Leaders: Rep. Katherine M. Clark (D-MA), 59, replaces Rep. Steny Hoyer (D-MD), 83, in the House Democrat number-two spot while Rep. Pete Aguilar (D-CA), 43, replaces Rep. Jim Clyburn (D-SC), 82, for the number-three leadership position. Until the 118th Congress takes over in January, the outgoing top-three Democratic House positions are held by representatives older than President Biden, who just turned 80.

Meanwhile: Current House Minority Leader Kevin McCarthy (R-CA) faces some inner-party opposition as he tries to skate the line between condemning ex-President Trump’s dinner with an antisemite and a white supremacist (see right column) and actually condemning Trump himself. McCarthy cannot afford to lose five Republicans from the incoming House of Representatives to take the speaker’s gavel he long has coveted – which gives Democrats an outside chance of voting Jeffries into the speakership. 

Nobody, but nobody, really expects the GOP majority to let that happen, but it will make for an interesting January on Capitol Hill. 

--TL

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Oath Keepers Guilty of Seditious Conspiracy – Oath Keepers leader Stewart Rhodes and Florida chief Kelly Meggs were found guilty in federal court of seditious conspiracy for their involvement in the January 6th attack on the United States Capitol, Tuesday (The Hill). The Justice Department victory marks the first such conviction for seditious conspiracy since 1995, according to CNN.

All five Oath Keepers defendants were found guilty in the trial of obstruction of an official proceeding. Four Oath Keepers were found guilty of tampering with evidence – the fifth member of the far-right organization was not charged in this count. 

Rhodes and Meggs face potential prison sentences of up to 20 years for each.

••• 

Senate Votes to Codify Same-Sex Marriage – The Senate voted, 61-39, to codify federal recognition of same-sex marriage, with religious liberty protections securing the bipartisan support, Roll Call reports. Lead sponsor Sen. Tammy Baldwin (D-WI) told reporters the bill would ease concerns that the Supreme Court could revisit precedents that protected same-sex and interracial marriage. SCOTUS in 2013 found the 1996 Defense of Marriage Act largely unconstitutional.

Majority Leader Steny Hoyer (D-MD) said the House could take up the bill as early as next week.

•••

Good Economic News – Various signs are appearing that the Federal Reserve is succeeding in capping inflation without triggering a recession. It’s early yet, but here’s a big piece of such evidence: the national average price of a gallon of gasoline was $3.521 as of Tuesday morning, AAA reports. That’s lower than the average price before Russian President Vladimir Putin invaded Ukraine.

--Compiled and edited by Todd Lassa

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COMMENTS: editors@thehustings.news

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 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. 

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…meanwhile…

(Chart: 12-month percentage change in the CPI on selected categories)

(TUE 9/13/22)

CPI Slips Slightly, Not Enough: The Consumer Price Index slipped just a bit in August to an annual rate of 8.3%, from 8.5% annually in July, the Commerce Department said Tuesday. It is not enough for Wall Street, where the Dow Jones Industrial Averages fell nearly 4% by late afternoon, anticipating a likely three-quarter interest rate hike from the Federal Reserve when they meet next week. The CPI reached a four-decade high of 9.1% annually for June.

Leading price increases in August were shelter, food (+0.8%), food at home (+0.7%) and medical care, partly offset by a 10.6% drop in the gasoline index. The energy index was off 5.0%. 

Used cars and trucks dropped by 0.1% to an annual inflation rate of 7.8%, though new vehicle prices rose 0.8% for the month, to a 10.1% annual rate.

AAA reports…The national average for a price of regular unleaded gasoline was $3.707 per gallon on Tuesday, down from $3.779 one week ago. This compares to a record-high $5.016 per gallon per AAA data for June 14.

•••

DOJ Issues More than 30 Subpoenas, Seize Two Phones in 1/6 Probe: The Justice Department issued more than 30 subpoenas in its January 6 Capitol insurrection inquiry in the last week, according to joint reporting by The New York Times and CNN, and seized electronic devices of Trump advisor Boris Epshteyn and campaign strategist Mike Roman in the swing states’ “fake electors” attempt. Among subpoena recipients was ex-President Trump’s former social media director, David Scavino. 

Former New York City police commissioner and friend of former America’s Mayor Rudy Giuliani, Bernard Kerik, who promoted baseless claims of voter fraud in the 2020 election, was issued a subpoena by the U.S. Attorney’s Office in Washington, D.C. Kerik has been implicated in alleged plans to overturn the election for Trump in Congress’ official Electoral College count on January 6.

--Todd Lassa

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…meanwhile…

(WED 9/7/22)

Nuking Mar-a-Lagogate… A document describing a foreign government’s military defense, including nuclear capabilities was found by FBI agents in their August 8 search of Donald J. Trump’s Mar-a-Lago residence and private club, The Washington Post reports. (Picture above is for illustration purposes only -- NOT the document(s) in question.) The FBI also discovered documents so sensitive that only the current, sitting president, some of his cabinet members or near-cabinet level officials “could authorize other government officials to know details of a special access program,” the report states, citing unnamed sources. 

On August 8, serving a Justice Department warrant, the FBI found documents stored at Trump’s Florida estate, more than 300 of them classified, with “uneven security,” 18 months after the former president dragged himself out of the White House, WaPosays.

Who has the nukes?: Sources declined to identify to the WaPo the government involved. It’s unclear what level of nuclear capability might be involved, but for the record, here’s the list of known nuclear weapon powers, beside the United States, according to World Population Review: Israel, North Korea (where the former president has had a “love affair” with its leader), Pakistan, India, China, France, the United Kingdom and, of course, Russia.

•••

Bannon indicted again … Ex-President Trump confidant Stephen K. Bannon is expected to surrender to New York State prosecutors Thursday over a new criminal indictment over the $25 million “We Build the Wall” fundraiser, The Washington Post reports. The indictment alleges that Bannon and “several others” defrauded contributors who thought they were funding a portion of then-President Trump’s wall on the southern border with Mexico. 

Uh-oh: Trump pardoned Bannon in 2020 over federal charges in the “We Build the Wall” scheme, but presidential pardons do not apply to state prosecutions.

•••

Massachusetts primary… Donald J. Trump-backed candidate Geoff Diel won Tuesday’s Republican primary for governor, 55.6% to moderate Chris Doughty’s 44.4%, according to Ballotpedia, despite no reports of Democratic Party money helping his campaign. Diel, who is fervently anti-abortion and was the state chairman for Trump’s 2016 campaign, faces Maura Healey on November 8. Healey took 85.4% of the Democratic primary vote Tuesday, and her only challenger, Sonia Chang-Diaz, who unofficially withdrew. 

Healey is now a heavy favorite to win the general election to replace outgoing Republican Massachusetts Gov. Charlie Baker and would become the state’s first openly gay governor. While outsiders think of Massachusetts as deep-blue, it has had only one Democratic governor since 1990, Deval Patrick. 

Note: The reality of Massachusetts is that it has a socially liberal, fiscally conservative constituency, according to Newsweek.Considering its gubernatorial history of the past 32 years, it seems an ideal place for the vastly diminished moderate wing of the GOP.

--Todd Lassa

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COMMENTS: editors@thehustings.news

184 Sensitive Documents at Mar-a-Lago

(MON 8/29/22)

The Wall Street Journal’s editorial board somewhat famously flipped on its support of ex-President Donald J. Trump in July over his complicity in the January 6 Capitol insurrection < https://thehustings.news/reactions-to-the-1-6-hearings-season-finale/?fbclid=IwAR1jufdXpDcuU4mtlT7FLd-Jc7oGSXD7eGtuyceoQ2CumdJ4Ma2K7_X3LDc&loggedout=true>. But after the Department of Justice released 38 heavily redacted pages of affidavit in support of the FBI’s August 8 search of Trump’s Mar-a-Lago estate and private golf club, the WSJ’s opinion pages led off with, “Is that all there is?”

About half the 38 pages were redacted, with some pages completely blacked out in what the Justice Department said is an ongoing criminal investigation. The document includes “sensitive details about human intelligence sources or how spy agencies intercept the electronic communications of foreign targets,” according to The Washington Post. The Justice Department “is suspicious of obstruction by Trump or his allies,” WaPo says, and “(i)t’s possible Trump allies were talking to the FBI about all this.”

The affidavit counts 25 top secret documents, 92 secret documents and 67 confidential documents among the 184 documents the Justice Department says Trump kept, unsecured, at Mar-a-Lago.

--Todd Lassa

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Judge Orders Release of Redacted Affidavit (FRI, 8/26/22)

Federal Magistrate Judge Bruce Reinhardt has ordered the U.S. Justice Department to unseal its redacted affidavit that lays out the evidence used for the FBI’s August 8 search of Donald J. Trump’s Mar-a-Lago for sensitive government documents the ex-president allegedly mishandled after he left the White House, according to Politico. Reinhardt has accepted the DOJ redactions that were due at noon Eastern time Thursday, while the Justice Department warns that the heavy redactions would render the documents incomprehensible. 

It is unclear whether the Justice Department will appeal, Politico reports.

In his ruling, Reinhardt emphasized the Justice Department’s “good cause” in redacting elements that would have revealed “identities of witnesses, law enforcement agents and uncharged parties,” as well as “strategy, direction, scope, sources and methods,” and information about the grand jury. 

Meanwhile: Southern District of Florida Judge Aileen Cannon has given Trump’s attorneys until Friday to better explain why the former president wants a “special master” to review the Justice Department’s evidence in the case, CNN reports.

--Todd Lassa

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COMMENTS: editors@thehustings.news

Florida, New York, Oklahoma Primaries

(WED 8/24/22)

Florida: And so, a former Republican governor challenges incumbent Republican governor and presumed 2024 challenger to Donald J. Trump for the GOP presidential nomination Ron DeSantis. Rep. Charlie Crist (pictured), now a Democrat from Florida’s 13thDistrict, won his party’s gubernatorial primary Tuesday, 59.8% to agriculture commissioner Nikki Fried’s 35.3% (per Ballotpedia). Fried is the only Democrat holding a statewide office in Florida, which now counts more registered Republican voters.

Rep. Val Demings easily won the Democratic Party’s primary, with 84% of the vote, to take on incumbent Republican Sen. Marco Rubio for his seat in the November 8 midterms. 

New York: Rep. Jerrold Nadler easily beat Rep. Carolyn Maloney, 56.3% to 24.2%, for the state’s redrawn U.S. House 12thDistrict, which pitted two 30-year incumbents for the seat covering the East Side of Manhattan, Brooklyn and Queens. Challenger Suraj Patel took 18.3% of the Democratic primary vote. 

A special election to replace former Democratic Rep. Antonio Delgado for his 19th District congressional district seat is seen as a bellwether for the midterms in general. If so, count it as good news for Democrats, with Pat Ryan taking 51.1% to Republican Marc Molinaro’s 48.8% -- decisive, though hardly commanding in a district that encompasses the mid-Hudson Valley and New York Catskills region, which NBC News' Steve Kornacki describes as a "classic swing district." Ryan will serve the remainder of Delgado’s term, to January 3. Democratic Gov. Kathy Hochul selected Delgado as her lieutenant governor after replacing former Democratic Gov. Andrew Cuomo.

In the Democratic race for the House 10th District seat, 17th District incumbent Mondaire Jones came in third with 18.2%. Daniel Goldman, with 25.7%, edged out Yuh-Line Niou at 23.7% for the win.

Oklahoma: U.S. Rep. Markwayne Mullin, who represents the 2nd congressional district, won the Republican Party’s runoff for a special election in November to replace Republican Sen. James Inhoffe, who is retiring with four years left in his term. Mullin will face the winner of the Democratic runoff, cybersecurity professional Madison Horn. 

•••

On the 31st Anniversary of Ukraine's independence ... The White House has announced a new $2.98-billion "security package" for Ukraine in its fight for sovereignty against Russia's invasion. The package is for weapons and assistance as provided by the Ukrainian Security Assistance Initiative, Politico reports.

--TL

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Primaries Tuesday (TUE 8/23/22)

Florida: In the Democratic gubernatorial primary to challenge 2024 GOP presidential candidate and incumbent Gov. Ron DeSantis, progressive candidate Nikki Fried, commissioner of agricultural and consumer services, has been gaining in the polls against moderate Democratic Rep. Charlie Crist. Fried since 2019 has been the state’s commissioner of agriculture and consumer services. Crist was Florida’s Republican governor from 2007 to 2011, and since 2017 has served as the state’s Democratic representative for the 13th District. Crist has been considered the stronger candidate to take on populist cultural warrior DeSantis, though Fried has been hammering Crist on his prior history regarding abortion rights when he was a Republican, according to NPR’s Morning Edition. 

In the race for U.S. Senate, Rep. Val Demings (10th District) is very likely to beat three other Democrats to take on incumbent Republican Marco Rubio November 8. Like Crist, Demmings, a former police officer, is currently serving her second term in the House of Representatives.

New York: Redistricting has forced Democratic Rep. Jerrold Nadler of the 10th District to compete with Rep. Carolyn Maloney for Maloney’s 12th District seat. Both are powerful representatives, with Maloney chairing the House Oversight and Government Reform Committee and Nadler chairing its Judiciary Committee. 

Oklahoma: Both major parties have runoffs Tuesday for the November midterm to replace Republican Sen. James Inhoffe, 87, who is retiring next January with four years left on his current term. In the Republican runoff, it’s Markwayne Mullin v. T.W. Shannon while on the Democratic side it’s Jason Bollinger v. Madison Horn to replace the conservative five-term senator (per Ballotpedia).

•••

Up for discussion … Donald J. Trump is suing the U.S. Justice Department over its FBI search of Mar-a-Lago for White House documents. The former president’s attorneys argue the government provided no reason for its search of Trump’s Florida residence and that the search raised questions about Fourth Amendment rights, Newsweek explains. ... Meanwhile ... The New York Times reports that Trump had taken more than 300 classified documents with him to Mar-a-Lago. Federal officials “became alarmed” after the National Archives found more than 150 sensitive papers among the first batch received from the former president in January. … A federal judge has given Sen. Lindsey Graham’s (R-SC) attorneys to Wednesday to provide a list of questions they think a grand jury can and cannot ask a sitting senator, Yahoo! News reports. Graham’s testimony before the Fulton County, Georgia grand jury investigating Trump’s alleged attempt to overturn the state’s 2020 presidential election results was temporarily halted by the 11th Circuit Court of Appeals on Monday. Fulton County District Attorney Fani Willis has to next Monday to respond to Graham’s list of questions. … Dr. Anthony Fauci has announced his retirement in December, after 38 years as director of the National Institute of Allergy and Infectious Diseases. He also serves as chief of the NIAID Laboratory of Immunoregulation and as chief medical advisor to President Biden. 

--Todd Lassa

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COMMENTS: editors@thehustings.news

Of Scanners, Stars and Boxes

By Stephen Macaulay

For about $100 you can buy a computer scanner.

In a matter of moments even documents that are labeled “top secret/sensitive compartmented information” could be deposited on a hard drive for quick email distribution or stuck on a thumb drive.

Donald Trump, not a man known for his dynamic reading capability (or even for, well, reading), took 26 boxes of documents to Mar-a-Lago, which is described on its website as “the only private club world-wide to attain the prestigious 6-Star Diamond Award from the American Academy of Hospitality Sciences.”

The what?

Well, according to a May 2016 AP story, “when it comes to Trump, the academy isn't an independent observer.

“The organization is run by Joseph Cinque, a longtime Trump acquaintance who goes by the nickname "Joey No Socks" and has a felony conviction for possessing stolen property.”

And it goes on to report:

“As recently as last May, Trump himself was listed on the group's website as its "ambassador extraordinaire," and he appeared in a 2009 tribute video to Cinque in which he said: "There's nobody like him. He's a special guy."

“But Trump told The Associated Press on Friday that he doesn't know Cinque well and was unaware of Cinque's criminal conviction.”

All of this sounds familiar, doesn’t it?

Now anyone who has moved house, even if it isn’t from one of the most legendary houses in the world to a prestigious 6-Star Diamond manse, knows that when you pack boxes often things go awry. Somehow no matter how carefully you mark things, there is a nearly metaphysical impossibility that all of the forks disappear. And sometimes upon unpacking there is the discovery of something that was long thought to be lost.

So let’s give Trump a benefit of a doubt. Certainly something in that move—a move that he still argues shouldn’t have occurred because the election was stolen, rigged or otherwise stacked against him (and let’s not forget, he, too, is a special guy)—probably got misplaced. After all, he had to be in a bit of a rush.

Maybe it just so happened that some documents that are top, top secret just happened to get snagged on a paper clip on the stack of love letters (his adjective) to Kim Jong-un and was shipped to his swank (six diamonds!) digs purely by accident.

But then there is that little matter of him taking things he had no legal right to. Boxes and boxes.

On Meet the Press August 14, Andrea Mitchell put it to presidential historian Michael Beschloss that Trump tweeted, “President Barack Hussein Obama kept 33 million pages of documents much of them classified. How many of them pertained to nuclear? Word is, lots.”

Beschloss responded, surprisingly, “Well, President Trump is absolutely right. Barack Obama has tens of millions of documents. . .” YIKES! but the shoe drops. . .”and they are in a National Archives installation, Hoffman Estates, Illinois, under armed guard with heavy surveillance, using the procedures that are supposed to be used for a former president. We have never in history seen a former president take ultra-classified documents, stick them in his basement, loosely watched by government standards, and with the shadow of we still don't know what his motive was.”

Well, it is the basement of that venue that won that coveted award.

Perhaps not surprisingly, Trump Tower got one of those plaques, too.

But I wonder about that scanner.

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COMMENTS: editors@thehustings.news

The Documents Were There. Really. The FBI Took Them Back

By Jim McCraw

Whether he will be prosecuted for it or not, it is a simple fact that, if there had not been a number of classified documents still inside Mar-A-Lago after repeated attempts by federal authorities to return them to the National Archives, it would not have been necessary for the FBI to serve the search warrant and execute the search of the former president’s mansion on Monday.

A simple fact the Trump people resolutely refuse to understand has turned into loud accusations of political persecution. “Persecution” of a man who has been flouting the law since college, told more than 20,000 lies while in office, was impeached twice, lost big in 2020, told The Big Lie about the election, and fomented the January 6th attack on the Capitol, continues to evade and flout the law, but is still somehow a great guy who deserves another chance to run the country.

The right has accused the Biden administration of another witch hunt, while the White House says it has been completely unaware of the timing of execution of the warrant. The White House would have not scheduled Biden’s signing of the CHIPS Act on the same day it would be overshadowed by the FBI’s search of Mar-a-Lago. 

That wasn’t enough to keep the right from bleating instantly about a witch hunt, persecution, and “weaponizing” of the Justice Department. The FBI serves warrants on private citizens in all kinds of federal investigations every day. Donald J. Trump is a private citizen with Secret Service protection, but a private citizen, nevertheless, who had access to classified documents and information for four years and illegally retained some of those documents, contents unknown, which are the property of the American people, not Donald Trump. That’s as much as we know about the FBI affidavit or the search warrant. The documents were there, and they were taken away. Trump’s lawyers have an invoice of items removed from Mar-a-Lago, and they have the right to release that invoice to the public.

For legal actions, warrants and searches involving a former president to even happen in the first place requires very, very careful sequential steps by the DOJ, the FBI, local police, and of course, the Secret Service, which was duly informed prior to the early morning visit to Mar-a-Lago.  The documents were there, illegally, and the FBI took them away.

•••

View from the Left

And so the hard-right continues to lambast the FBI and Justice Department for Monday’s FBI seizure of 12 boxes of documents that belong to the federal government from Donald J. Trump’s Mar-a-Lago. The MAGA-right are listening to the conspiracy social media-right, insisting that the ex-president continues to be mistreated, continues to be the victim of a deep-state witch hunt. This could mean another civil war.

Some even suggest that perhaps the FBI planted those dozen banker’s boxes full of papers found in Mar-a-Lago’s basement. Conversely, The Wall Street Journal reports that it appears to be a Trump insider who tipped off the Justice Department that Trump failed to return all the boxes they had demanded be returned months ago.

Our estimable pundit-at-large, Stephen Macaulay, weighs in on all this on the other side of this page, in the right column. Spoiler alert: Macaulay is, once again not the least bit sympathetic toward Trump. What is Macaulay doing in the right column, you ask? He has always leaned right as a conservative in the traditional sense of the adjective and would consider authoritarian populists like the ex-president to be the true RINOs.

Whether your politics are to the right or left of Stephen Macaulay, you are invited to tell us what you think in the Comments box in this column or in the one on the right, or to email editors@thehustings.news. You’re even invited to defend Donald J. Trump if that’s your thing. Please be civil in your comments, and please avoid false or misleading statements. Your comments may be edited for length or clarity, though not for point of view.

--TL

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FBI Removed 11 Sets of Docs from Mar-a-Lago

(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

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COMMENTS: editors@thehustings.news

Still No Concession from Trump

By Nic Woods

Some important members of the Trump administration – including Donald J. Trump himself – are in denial over last week’s election result and so America must suffer the consequences of rejecting four more years of him. 

In just one 24-hour post-election news cycle the week after former Vice President Biden was declared winner:

• News organizations had to cover not one, but two, press conferences where ranking administration officials acted like an election never happened, much less that their boss lost.

• Attorney General William Barr handed to Justice department prosecutors the authority to investigate claims of voter fraud.

• Emily Murphy, head of the General Services Administration, refused to sign papers to release to Biden $6.3 million of $10 million set aside for his transition because it’s unclear to her who had won.

•Federal agencies have been told to proceed with Trump’s fiscal 2022 budget.

•Trump fired Defense Secretary Mark Esper and demoted Federal Energy Regulatory Committee Chairman Neil Chatterjee in a spree of administration figures deemed not sufficiently loyal. 

•Installed Mike Ellis as general counsel to the National Security Agency, making him more difficult to fire (except Trump may not remember issuing an executive order that would, in fact, make him easier to fire).

There are many more examples that seem like random individual meltdowns, but they all matter – they are as complex a power play the Trump administration can muster in its three-pronged strategy, along with fighting math in the courts and working up the base with baseless claims of voter fraud.

This strategy – using the war on election math to hinder Biden’s transition as much as bureaucratically possible – is what is left if the other two don’t work and it offers valuable insight into the administration and what they really think of their opponent, Joe Biden.

About this time four years ago. Chris Christie, then the governor of New Jersey and a late-to-the-bandwagon Trump supporter, volunteered for the thankless task of heading the transition team of the newly elected Donald J. Trump. 

It was an offer Trump initially rejected because, according to Michael Lewis, author of “The Fifth Risk,” which talks about the missed opportunities of Trump’s own transition, “why did anyone need to plan anything before he actually became president?”

Well, Christie said, it was required. 

The Presidential Transition Act, which Congress first passed in 1963 and has been amended four times -- as recently as 2019 – to “recognize the increasing complexities of presidential transitions” was passed to ease and promote the orderly transfer of power because “any disruption occasioned by the transfer of executive power could produce results detrimental to the safety and well-being of the United States and its people.”

The act has key national security implications as well that involve background checks for the high-level members of the new administration so they could be done by the inauguration. The president-elect, under the act, is required to be given a classified summary as soon as possible after the election on national security threats, covert military operations and pending decisions on possible uses of military force. 

So yes, the transition is a big deal and while Trump didn’t know that four years ago, he knows it enough now to try to impede Biden’s administration by pretending there remains some way the courts can shake out a few votes that Joe Biden will just give up and leave. And, if Biden’s stubborn enough to stay, well, he’ll be behind the eight-ball, won’t get anything accomplished and half the country will be against him. 

But Biden isn’t some outsider who doesn’t know how Washington works. He’s spent 36 years in the Senate and ran for president one time more than Trump has. He has connections, including Trump’s predecessor, many of whom are experts in their field. 

Unlike Trump four years ago, Biden knows the act and what he should be getting from it. Biden will listen to the experts, though they are being purged from the Trump administration at a rapid rate. 

Joe Biden also has the resources and knowledge base to still have a functional government and a peaceful transfer of power the third week of January, regardless of what Trump does. 

Please address your comments to editors@thehustings.news

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