By Todd Lassa

Donald J. Trump last weekend claimed the United States as his very own banana republic by calling for suspension of the Constitution so he could be reinstated as president, because, you know … the Big Lie. 

In case you missed it, this is what he said (via Politico) on his Truth Social site (as Elon Musk awaits his return to Twitter): “A massive fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution.”

Wonder whether it was one of Trump’s star attorneys who suggested it was within his right to call for ditching the Constitution? Or perhaps the advice came from antisemite Ye, white supremacist Nick Fuentes and/or far-right provocateur Milo Yiannopolis (who has just departed Ye’s 2024 presidential bid according to the Daily Beast – the campaign for which the artist formerly known as Kanye West wants Trump to be his running mate).

“Republicans are going to have to work out their issues with the former president and decide whether they’re going to break from him and return to some semblance of reasonableness,” said incoming House Democratic leader Hakeem Jeffries (NY), “or continue to lean into the extremism, not just of Trump, but Trumpism.” (PBS News Hour.)

One might also wonder what constitutional originalists on the right think of Trump’s call for “termination” of rules, regulations and articles found in the Constitution. 

GOP lack of reaction to Trump’s latest comments so far rival the party leadership's lack of their reaction to his dinner with Ye, Fuentes and Yiannopolis. ABC News This Week host George Stephanopoulos on Sunday had to press Rep. Dave Joyce (R-OH) for his comments on the Truth Social post. 

Joyce, chairman of the Republican Governance Group said, “It’s early. I think there’s going to be a lot of people in the primary … I will support whoever the Republican nominee is.”

At first glance, the defeat of many Trump-backed candidates in the midterms, and then the notorious Mar-a-Lago dinner two weeks later have been hailed as a voter affirmation of American democracy. Even the New York Post was ready to write the obituary for Trump’s political career as Florida Gov. Ron DeSantis emerged as the new darling of the hard-right wing. But the inability of such GOP leaders as Rep. Kevin McCarthy and Sen. Mitch McConnell, topped by Joyce’s comments on This Weekhave kept Trump’s future alive and well. According to Politico, latest polls show the ex-president remains the most likely 2024 GOP nominee.

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COMMENTS: editors@thehustings.news

(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

(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.)

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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.

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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

By Andrew Boyd

Today’s the day, and all eyes including my own will be on top of the ticket, but I will also be watching numerous congressional contests. Democrats have a 233 to 196 majority in the 116th Congress, with five empty seats to be filled and one held by a Libertarian, Justin Amash of Michigan.

So Republicans must flip 22 seats to regain the House majority they lost in the 2018 mid-terms in order to grab the majority for the 117th Congress. 

I have my eye on four House races, specifically. In Minnesota’s 7th District, Michelle Fischbach is challenging career politician Collin Peterson, who has held the seat covering most of the state’s west, bordering North Dakota and South Dakota. Peterson is one of 30 House Democrats whose districts voted overwhelmingly for Donald Trump in 2016, and in the 2018 mid-terms, he defeated Republican candidate Dave Hughes by a relatively slim 52 percent to 48 percent margin. 

Fischbach, his challenger this year, was lieutenant governor of Minnesota from 2018-19. There’s also a potential spoiler in a third candidate, Slater Johnson of the Legal Marijuana Now Party. Politico lists this race as a tossup between Fischbach and Peterson.

Next is Utah’s 4th District, where Burgess Owens is challenging freshman Democratic Rep. Ben McAdams. Owens is a former NFL player who won a Super Bowl ring with the Oakland Raiders in 1980, and he joined The Church of Jesus Christ of Latter-Day Saints toward the end of his pro-ball career. Democrats have held Utah’s 4th, which covers the area around Salt Lake City since it was added to the overwhelmingly red state’s House delegation in 2010.

Republican Ashley Hinson is challenging Democrat freshman Abby Finkenauer in Iowa’s 4th, a district covering Dubuque, Cedar Rapids and Waterloo and identified by the GOP as “vulnerable.” Hinson was elected to the Iowa House of Representatives in 2017. Politico also lists this race as a “toss up.”

Last, but not least, is Jim Bognet, challenging freshman Democrat Matt Cartwright for Pennsylvania’s 8th District in the state’s Northeastern corner, including Hazelton. Though the race is leaning Democratic, the 8th was one of the districts to put Trump over the top in Pennsylvania four years ago, for the incumbent president’s upset win. 

I’m not optimistic for the GOP taking back the House, but I’m hoping Trump’s momentum can carry the GOP to something more than 200 seats.

Boyd is a public relations and communications professional with 30-years experience. He lives with his wife and three daughters in Charlotte, N.C.

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