Co-host of
@MSNBC
podcast "Prosecuting Donald Trump;” author of 2 NYT bestsellers "The Trump Indictments" and "Where Law Ends: Inside the Mueller Investigation”
The FBI is required to give to Trump an inventory of what was found in the search; if Trump claims he had no govt property in his home and this is a witch hunt, then he should release the search inventory. Time to put up or shut up......
The Trump filings for a Special Master were a huge misstep. DOJ has used its response to disclose damning proof of a series of crimes, which it would not otherwise have been able to do. And one very compelling photo.
Garland's words today shd be ringing in Cannon's ears: "The rule of law means that the law treats each of us alike: There is not one rule for friends, another for foes; one rule for the powerful, another for the powerless; a rule for the rich, another for the poor."
As you read the NYT Trump tax story, remember the Eric Trump statement in 2014: "We don't rely on American banks. We have all the funding we need out of Russia."
Now ask to whom does Trump owe the hundreds of millions of dollars coming due soon?
Should Trump be investigated and prosecuted when he is out of office?
Yes. A president is not above the law. If he broke it before or during his presidency, he must face the consequences anyone else would. To do otherwise would set a precedent that he is above the law.
Dearie to Trump: you are the plaintiff, you have the burden of proof, you have set forth no evidence that the docs are not classified, whereas the govt has set out proof they are. So unless you overcome that proof, you are not getting classified docs returned to you. Case closed.
What does Donald Trump have on Judge Cannon or her husband? Something is SO off in her decisions (and the court of appeals said as much) that it is impossible not to ask this question in all seriousness.
The argument is wrong that we should not charge a former President or we will become a banana republic. We will BE a banana republic if we ignore an illegal coup by a former president.
Let's get real: If Trump already had a new negative COVID test we would have heard about it.
And if the date of his last negative COVID test helped Trump, by making clear he had not endangered people, we would have heard that too.
I was described by Steve Bannon (and, sigh, many others) as a pit bull. Jack Smith makes me look like a golden retriever puppy. So tenacious and fearless. And apolitical and ethical.
DELETED and MISSING — White House call logs, Secret Service texts, DHS texts. Rampant use in WH (and other Agencies?) of apps like Signal that are impermissible for feds to use for biz. Confident J6C will find more.
Brilliant move by Garland: make motion to unseal everything including material Trump has already (warrant and return); so now the ball is in his court to object or consent! Called Trump's bluff.
Judge Cannon is a partisan hack: she says it is "disputed" that the documents are classified, but Trump never said in court he declassified them and submitted NO evidence, so the only evidence before her is that they are and are so marked. She really is totally in the tank here.
Why won't Trump lawyers tell Judge Dearie whether Trump declassified the docs? It's because the lawyers don't want to lie and be disbarred and subject their client to a criminal false statement charge. 18 USC 1001.
I am going to stop tweet-venting for a while, and instead try self- medicating with pinot to deal with my extreme frustration at seeing the rule of law flouted by a person who took an oath to show no favor to any person.
DOJ used the big crayons to spell out for Judge Cannon why Trump has no right to review of classified docs. Trump:
-does not own govt classified records
-has no right to have government records returned
-docs don't contain attorney-client privilege info between Trump and attys.
Judge Amy Berman Jackson in sentencing a violent insurrectionist today:
"The judiciary … has to make it clear: It is not patriotism, it is not standing up for America to stand up for one man who knows full well that he lost, instead of the Constitution he was trying to subvert."
Trump's specious claim that FBI planted evidence during the search has an inconvenient fact: his lawyer was on site for the search. Clearly Trump knows the incriminating nature of what the FBI has recovered and is preparing his defense.
BREAKING: AG GETS TRUMP TO AGREE THAT THE FINANCIAL STATEMENTS AND TRUMP'S PERSONAL GUARANTY WERE TO INDUCE BANKS TO LEND MONEY. KEY FACT FOR THIS FRAUD CASE.
Trump’s objections to Judge Dearie’s clear deadlines show that although he is the plaintiff who brought the lawsuit and shd thus want speed, he in effect is “quiet quitting” as he realizes nothing good is going to come of it—and in fact he is worse off having brought the suit.
It’s not a crime to accidentally take and retain govt docs. If upon learning that you have docs, you return them, there is no crime. That is not what Trump did. If he had simply returned everything this wd have been a nonstory.
As
@tribelaw
has noted, Cannon at the end of her decision directly says Trump is entitled to more process than anyone else -- she says her decision is impacted by "the position formerly held by plaintiff."
So much for the rule of law and her sworn oath of office.
Irony Watch: The Dominion voting machines, which Trump alleges are at the heart of the "Democrat" conspiracy, were purchased and put in place by Georgia's Republican politicians. Over Democratic opposition.
Is it too much to ask that a former US President explain to the American public why he had a s...tload of classified documents in his home and what he was doing with them?
"I know it looks like a duck, walks like a duck & quacks like a duck, and defendant submits an affidavit it's a duck, and plaintiff does not dispute it's a duck, but I say there is a factual dispute whether it's a duck."
Judge Aileen Cannon
Imagine being fired and walking out the door with priceless company possessions. You don’t return them, lie about it, and when you are caught and the items are seized, you sue seeking return of the items. The judge doesn’t throw the book at you. And you are still free.
You=Trump
When you read about how Paul Pelosi kept his wits about him, and you watch how Nancy Pelosi did the same on 1/6, you can see they share a boatload of grit in common.
For those concerned that the appointment of a Special Counsel will delay things: just the opposite. Jack is a super fast, no-nonsense, and let's-cut-to-the-chase kind of guy. And now, with less DOJ bureaucracy in decision-making, the investigations can move faster.
If you want some good news, in a sea of political muck that is our current lot, we are all blessed to have Ketanji Brown Jackson on the Supreme Court. And I am grateful that President Biden nominated her.
The new Special Counsel, unlike Special Counsel Mueller, WILL be able to indict Trump as he is no longer POTUS and WILL NOT have to worry about being fired from one day to the next by sitting POTUS. And he inherits a large amount of evidence and a team that is in place already.
New Trump Florida filing opens a wide door for DOJ to walk through: AG Garland can now “speak in its filings” and address all the factual lies and misrepresentations.
Let’s not forget: If Republican Senators had upheld their sworn oaths during the impeachment trial, as Romney did, we would not have had Trump in office to deliberately mishandle COVID. And so many preventable deaths as a result. Dwarfing 9/11 attacks.
Note two things about the Bannon indictment. 1. it explains why Trump-Barr removed US Attorney Berman so precipitously. 2. SDNY made case not with FBI, but Postal Inspectors and internal SDNY agents. Open question: did SDNY seek approval for charges from Barr (wd not need to)?
Key take aways: Trump and two of his attorneys are in big trouble for obstruction of justice; and proof of Trump knowledge got stronger: classified docs all over, including his office and with personal items, and deliberately withheld. Legal arguments compelling.
Trump: I had a small number of boxes in storage… There is no crime. They should give me immediately back everything they have taken from me because it’s mine.
Trump team ruing the day it proposed Judge Dearie and appalled he is asking for their position on declassification. As sure as the night follows the day, next Trump tactic will be denigrating Dearie publicly and asking Cannon to clip his wings.
Anyone catch the affidavit's statement, para 47, that when the FBI reviewed the classified docs in the 15 boxes, they determine what looked like Trump's handwriting on them. Dang.
Let’s stop falling for Trump’s diversionary tactic of focusing on his latest absurd “defense” du jour —and instead keep asking why he still has not said why he took the documents, why he did not return them, and what he did with them and/or or was planning to do with them?
BREAKING: So likely the GA grand jury has found probable cause to charge Trump in its report; and thus so likely DA will seek criminal charges against Trump, consistent with GA grand jury report.
Trump leaves office saying not a word about the devastating Russian cyber attack on our nation. He began 4 years ago by undermining Obama’s Russia sanctions and then rewarded the man who helped him, Michael Flynn, with a full pardon.
Why is he so afraid to condemn Russia?
Hitler was charged and convicted of treason for participating in a failed coup, dismissed the authority of the court that tried him, started writing Mein Kampf in prison, and upon release from jail, well, the rest in history.
The leading Republican candidate has been found liable for sexual assault and fraud, his companies found guilty of fraud, and he's charged with 91 OTHER felony counts.
That he is not dismissed politically out of hand says much more about us, than about him.
BREAKING: 11th Circuit shoots Cannon down: finding no one is above the law and her decision violated bedrock principles of equal justice and separation of powers. Powerful decision (and rebuke).
Trump lawyers fun fact: Defense counsels Alan Futerfas and David Schoen represented NY Colombo Family mobsters and now represent Don Trump Jr, Trump Org, and Trump.
SEVEN weeks now since the MAL search and the former POTUS still has not said why he took thousands of govt docs, lied about the docs, and what he did or planned to do with them. And his legal team has not raised one factual or legal defense.
Trump’s reported statement to his lawyers that the dox at MAL are “mine” and not “theirs” has it exactly backwards: it is a confession to violation of criminal statute 18 USC 641 (conversion of gov property). This case is becoming a rock crusher.
Amazing that a Democrat has to give this speech because so many Republican leaders are too in fear of Trump - and enamored of power- to clean up their own party (even though they privately agree with what Biden is saying about Trump).
You know what’s missing from Trump’s lengthy filing today? WHY HE TOOK THE DOCS, WHY HE DIDN’T RETURN THEM ALL AND LIED AND SAID HE DID, AND WHAT HE WAS DOING WITH THEM.
This is not rocket science. Right after the midterms, this is going to be my constant refrain: DOJ must put us out of our misery, end the Trump shenanigans, and friggin indict him. As Bob Mueller used to say if he thought you were taking too long: stop playing with your food.
For the first time, in a long life of being unaccountable to the civil and criminal rules of society, Donald Trump is feeling what it’s like to have the walls of justice closing in.
Its about time. And it’s only going to get more satisfying.
This is the kind of thing that DOJ alerts the court to with respect to any defendant out on bail (in this case, in 3 criminal cases, and also is a threat in civil cases like E Jean Carroll). Not addressing this will only cause it to metastasize with undue deadly risks.
BREAKING: Trump is out on bail in 4 criminal cases. He posted a photo of the president bound, gagged, and shot. Threatening a president is a federal crime and also a violation of bail release conditions. Time for courts to act.
If you missed Andrew Weissmann & Melissa Murray, with great guests, on their MSNBC special, Defendant Trump, it is archived here (via GDELT project): .
MONDAY the Trump Organization goes on CRIMINAL trial in Manhattan for a 15+ year tax conspiracy. All eyes will be on evidence of Trump’s knowledge and role in the scheme.
If Trump is using (eg to pay legal fees) a PAC that made money by falsely claiming election fraud, well then that scheme can be the basis of fraud charges and the money obtained by that scheme can be seized in a pre-trial forfeiture order.
The Special Master is largely moot now given 11th Circuit carving out classified docs from the case. Cannon can't do anything to interfere with the heart of the govt case. Dearie can decide minor att-client issues and show that Trump has no claim that the docs were planted.
Nuclear docs at MAL are causing damage NOW to our national security interests; foreign allies are going to be far less willing to cooperate and share information with us, knowing from one administration to the next, we may not keep their secrets safe and sound. All due to Trump.
The embarrassment of how our country has supported someone as lawless as Trump is unfathomable. History provides nothing close in at least this country.
BREAKING: Trump lawyers file submission apologizing to NY Judge Merchan and his daughter. And expressing regret at posting Biden effigy photo as unbecoming of a former president of the United States.
Happy 4/1
Remember: in addition to new NY AG civil charges, in less than one month the Trump Organization faces a CRIMINAL trial in Manhattan. With these two NY state cases, that sucking sound you hear is it circling the drain.
One full week since the search was executed by DOJ and publicized by Trump, and Trump has still not said a word of explanation as to why he took the documents, why he did not return them all, and what he was doing with them for over 18 months.
Trump's claim that he pays little in taxes because he is smart left out an inconvenient fact: he engaged in a 15-year tax fraud conspiracy. That always helps to reduce one's tax bill (until the jig is up).
BREAKING: DOJ moves to have Cannon stay the part of her ruling that interferes with natl security review involving "classified documents," and simultaneously files a protective notice of appeal in case she does not rule in its favor by 9/15.
The lack of condemnation by Trump of the Pelosi spousal attack is entirely in keeping with his belated, grudging and half-hearted condemnation of 1/6 violence and lack of condemnation of racist violence in Charlottesville. And still people support him. We are in such a bad place.
BREAKING: Judge to issue written ruling, not ruling from the bench orally. If Judge did not order DOJ to stop any review, that is a very good sign for DOJ.
REALITY CHECK: a federal Judge has concluded that a former president of the United States committed fraud and obstruction of justice.
And so many are insured to it. That is the Trump effect. And why we are in such deep trouble.
“Donald Trump will be placed under arrest on Tuesday and informed that he has been charged with 34 felony counts for falsification of business records.”
@Isikoff
reports
Why on god's green earth did the S Ct not take the case earlier when the Special Counsel sought review directly from the District Court? They have really played into Trump's hands.
Smart Nicolle Wallace point: if the Mueller Report was so weak, and not implicating Trump, why did Barr/Engel/O'Callahan need to concoct a tortured memo absolving him? Answer: they knew, when made public, the Report would inculpate Trump in obstruction.
Meadows on redirect by his own atty testified that he participated in the elector scheme for CAMPAIGN purposes - ie so Trump would win reelection at p 147. (Adding he didn't want Trump yelling at him if he did not help.)
A direct admission this is NOT removable to federal court.
With all due respect to those who think the DA charges this week were all there is, I disagree. This was a shot across the bow. More to come. DA message to Trump Org employees cooperate now or face charges and jail.
That’s how this works.
Prompt prosecution of those who threaten violence against any judge, juror, prosecutor or legislator who seek to uphold the rule of law in holding Trump and his conspirators to account needs to be done. ASAP
Donald, which is it:dox were planted or dox were declassified? Can’t be both. And if you declassified them, you had to be aware of contents. Lucky that you operate in fact-free zone — but unfortunately for you juries don’t.
Question for Barr: how are Flynn’s confessed lies to the FBI (repeated to the VP) not a crime, but Clinesmith changing an email (the full version of which he also sent to DOJ) is?
A zillion stories about Trump case — but bottom line is he is getting charged and it will be in DC. And this week.
Open issues are whether others may be charged and whether they will be in DC or FLA.
Woke up to radio announcing it's Trump's last full day in office. Never thought we would get here, after a 4-year nightmare, but it fills me with joy and relief.
All eyes now turn to DOJ-- will it indict Trump on the documents case? The facts, law and DOJ precedent all counsel in favor of holding him to account, as others have been for conduct of equal or lesser culpability. In short: the rule of law compels it.