Tag: boris epshteyn
Facing Fresh Contempt Citation, Trump's Lawyers Need Still More Lawyers

Facing Fresh Contempt Citation, Trump's Lawyers Need Still More Lawyers

This is my umpteenth-plus column about Donald Trump flipping off the rule of law. and the American way To support this coverage of his misdeeds, please consider becoming a paid Substack subscriber.

Remember Christina Bobb? She is number four of Trump’s lawyers, or maybe she was number five? I guess she could have been the sixth lawyer -- who had to go online, that is, and google “lawyers who are willing to represent other lawyers who work for or have worked for Donald Trump” so she could somehow come up with a lawyer of her own to start the long process of building a defense for why she signed a document on June 3 of this year attesting that all of the classified documents Trump had taken with him to Mar-a-Lago from the White House had been returned previously or were being handed over to a representative of the Department of Justice that day.

Poor thing. A former host on the former far-right OAN network, and by now well on her way to becoming a former lawyer of Donald Trump as well, Bobb signed the declaration because another of Trump’s lawyers, Boris Epshteyn had called her the night before and asked her to show up at Mar-a-Lago along with yet another Trump lawyer, one Evan Corcoran, to meet with the lawyers for the DOJ who were there to pick up documents that were responsive to a subpoena the DOJ had served on Trump a week or so before. Bobb would later tell the FBI that she didn’t know Evan Corcoran, had never met him, and in fact was working for Trump as an adviser to Trump’s super PAC…one of them, anyway...and not on the documents case.

So, let’s review: We’ve got Donald Trump, the man who stole the documents, all 22,000 of them it would turn out, who is also owner of Mar-a-Lago where all the documents stolen from the White House were kept. We’ve got the disgusting election denier Boris Epshteyn.. And we’ve got Evan Corcoran, who was actually representing Trump in the matter of the stolen documents. We’ll call Corcoran the third man, the one designated by men numbers one and two, to turn to Bobb, who had nothing whatsoever to do with the stolen documents, and hand her a piece of paper saying that she had suddenly been appointed “custodian of records” for the Trump office, and tell her to sign it.

Bobb – we’ll call her the first woman – demanded to read the document, which as it turned out, certified that a diligent search had been done of the boxes “moved from the White House to Mar-a-Lago,” and that all the documents called for in the DOJ subpoena had been turned over. Bobb, as first woman, apparently smelled something fishy, and right then and there demanded that a disclaimer be added to the official statement saying that the certification was based on information that had been given to her by others, the others being men numbers one, two, and three.

That’s a lot of lawyers who find themselves in legal jeopardy because the Washington Post is reporting that the same DOJ that issued the subpoena for the classified documents at Mar a Lago, the same DOJ that would later in August conduct a search of the resort/hotel/residence owned by Donald Trump, the same DOJ that would discover no less than 103 additional folders of classified documents that were not among those covered by the certification signed by Bobb, witnessed by Corcoran, overseen by Epshteyn, and ultimately ordered by Donald Trump – yes, that the by-now-familiar DOJ has asked a federal judge in Washington D.C. to hold the Trump office in contempt of court for failing to comply in a timely and accurate fashion to that good old subpoena that was issued to Trump way back in May of this year.

FINALLY, you may be saying to yourself. And I would agree. Trump was asked by the National Archives for the documents he stole from the White House way back in 2021, and he stalled. He stalled and stalled until the National Archives said they were turning things over to the DOJ, and then in January of this year, Trump returned more than 20 boxes of documents to the National Archives and told them that was it. That was all he had.

The DOJ had evidence that wasn’t, in fact, it, so they issued the May subpoena, they conducted the August FBI search of Mar-a-Lago, they recovered the 103 extra folders of very highly classified documents, some of which were discovered by the FBI inside a leather box in Trump’s own desk, and then this week, two more classified documents turned up when still more lawyers for Trump, who must now be joining the lengthening queue at the internet site “lawyers who are willing to represent other lawyers who work for or have worked for Donald Trump,” found them during a search of – get this – a storage facility in West Palm Beach, Florida where they reportedly were among coats of armor and other presidential memorabilia, you know, because as president you are given a lot of stuff like coats of armor and classified documents, and you have to find someplace to store them.

Well, don’t you?

Inquiring minds are asking, among many, many other questions, how is Donald Trump going to find anyone at all willing to represent him now that Special Counsel Jack Smith has taken over the Trump investigation and is handing out new subpoenas to new people, who will be trying to find lawyers to represent them, and petitioning courts for contempt citations, and going through all 22,000 documents that have been released to his office now that the whole "special master" scam has been shut down.

Maybe some enterprising young lawyer who just passed the bar down in Florida will rent an office in a mini-mall in West Palm Beach and hang out an enterprising shingle: “Law firm willing to represent other lawyers who work for or have worked for Donald Trump.”

Talk about a booming business. That young lawyer will be driving a Ferrari by New Year's.

Lucian K. Truscott IV, a graduate of West Point, has had a 50-year career as a journalist, novelist, and screenwriter. He has covered Watergate, the Stonewall riots, and wars in Lebanon, Iraq, and Afghanistan. He is also the author of five bestselling novels. You can subscribe to his daily columns at luciantruscott.substack.com and follow him on Twitter @LucianKTruscott and on Facebook at Lucian K. Truscott IV.

Please consider subscribing to Lucian Truscott Newsletter, from which this column is reprinted with permission.

Granted Immunity In Documents Case, Trump Aide Patel Must Talk -- Or Else

Granted Immunity In Documents Case, Trump Aide Patel Must Talk -- Or Else

How does an obsessively loyal Trumpazoid like Kash Patel, who once swaggered down the wide halls of the E-Ring in the Pentagon as chief of staff to the acting secretary of defense (an enormously powerful position even if he held it for only two months) find himself between a rock, the Department of Justice, and a hard place, Donald Trump, on this sunny day in November?

Well, he was put there by the men he served, Donald Trump at the top of all of them. Yes, they were all men – from Devin Nunes, whom Patel served when he was Chairman of the House Intelligence Committee; to John Bolton, Trump’s third National Security Adviser, under whom he served as a “senior director” in a position created especially for him; to Richard Grenell, Acting Director of National Intelligence, whom Patel served as a principal deputy; to Acting Secretary of Defense Christopher Miller, who was appointed after Patel reportedly urged Trump to fire the previous Secretary of Defense, Mark Esper, for being disloyal to the president by refusing to have active duty troops deployed to put down protests after George Floyd was killed in the summer of 2020.

I realize that’s an unusual number of acting directors Patel served under, but hey! It was the Trump administration, and he couldn’t be bothered with meddlesome stuff like the Senate confirmation process, so Trump just kept appointing acting directors, letting them serve the time they were statutorily permitted and then moving them along in favor of the next acting director. So, Patel himself did a lot of acting, too, serving in senior positions in important places in the government like the Department of Defense and the Office of National Intelligence. Indeed, “acting” is a good name for Patel’s jobs, because what he did in those positions was not really to serve as a deputy, or whatever the other jobs he held were called, but rather to keep the acting director he reported to in line for his real master, who was always Donald Trump.

In that way, Patel was like one of the party enforcers Stalin sprinkled throughout his government and military, whose jobs were never to, say, carry a rifle in the army, or push papers in some corner of the bureaucracy, but rather to report back through the Communist Party chain of command to Stalin himself on whether the department head they nominally worked for were adequately loyal to the great man himself. Under Stalin, this led to a series of purges of top government officials. With a few tweaks and tucks, something of the same thing happened repeatedly throughout the Trump administration, as officials were continually forced out of their jobs. Their replacements were invariably less qualified than the people they succeeded, but far more loyal to the man at the top.

The problem with this kind of system is that it creates a paper tower of power, a structure of leaders who are not leaders at all, but rather what we might call loyals -- underlings dedicated to carrying out the orders of one man, in this case, Donald Trump. Kash Patel was an enforcer within Trump’s house of cards administration, and in order to be trusted with such an important job, Patel’s own loyalty had to exceed the loyalty of those he was not only reporting to, but reporting on. Thus, Patel found himself, or more likely wormed himself into, positions where his loyalty to the big boss at the top ended up giving him unusual access to what that big boss was doing, and not only that, but to the motives behind the orders he gave.

The thing that governments and large organizations like corporations or even academic institutions have in common when they are driven by leaders who demand excessive quantities of loyalty is simple: The point is never really to do the job at hand but to do what you’re told no matter what. If you are part of such an organization or government you know at all times that if you don’t toe the party line, or more likely, the line of the authoritarian leader at the top, you’re out.

What such authoritarian leaders have in common is that they hardly ever do the hard work of governing or, say, in an academic institution, teaching. What they do is give orders. Orders are words, and for them to be become the actual work of the organization, someone must carry them out.

Enter Kash Patel and water carriers like him. Because of his intense loyalty to Trump – he was among a very few loyalists who followed Trump into civilian life and has worked for him since he left the presidency – Patel was trusted with overseeing some of the products of one of the former president’s chief obsessions – the investigation of the Trump campaign’s ties to Russia. Trump appointed him as one of his representatives to the National Archives, where much of the work-product of the Russia investigation resides. And according to Patel himself, Trump involved him in the decisions he made about the classified documents he removed from the White House and took to Mar a Lago.

Patel has told reporters that Trump declassified all the documents he took from the White House, a claim that neither he nor Trump has backed up with any documentation. Whether or not Trump declassified the documents may not matter in the investigation by the Department of Justice into Trump’s handling of the documents, because two of the criminal statutes Trump is thought to have violated do not require that the documents in question be classified. One statute involves obstruction of justice, and the other involves the removal and mishandling of so-called “national defense information,” which need not be classified to be subject to the statute.

This is why Patel today finds himself on the horns of a very, very difficult dilemma. The DOJ is intensely interested in the documents Patel claims to have knowledge about. Because Trump, like other authoritarian leaders gives orders, he must rely on others to carry them out. Patel is one of those who was apparently given orders concerning the documents of concern in the DOJ investigation, so he is thought to have knowledge about what Trump intended to do with the documents he took from the White House, and he may even know what Trump’s motive was for taking them.

When he previously testified before the grand jury, Patel claimed his protections under the Fifth Amendment against self-incrimination, doubtlessly leading the DOJ to conclude that he has something to hide, which if he revealed might subject himself to prosecution. Yet now that he has been granted immunity from prosecution, Patel can’t claim the Fifth. He must answer questions from the grand jury truthfully or subject himself to prosecution for perjury, if not for the offenses he may have committed that he had avoided talking about by taking the Fifth the first time he testified before the grand jury.

How do you stay loyal to a man like Trump when you know if you tell the truth about what he did and why he did it, you might contribute to his being charged with federal crimes?

The New York Times reported yesterday that Patel has “told associates that he was expected to take on an even more central role in Mr. Trump’s legal defenses, currently coordinated by another Trump adviser, Boris Epshteyn, according to a person familiar with his comments.” Epshteyn has testified before the Georgia grand jury that is investigating Trump’s attempts to put together fake slates of electors and the former president's call to Georgia Secretary of State Brad Raffensperger asking him to “find” enough votes for Trump to be declared winner of the presidential election in Georgia. Federal investigators looking into Trump’s attempts to overturn the results of the 2020 election seized Epshteyn’s cell phone in September.

So how about that? The two lawyers Trump has put in charge of his defense against potential charges in multiple investigations in multiple jurisdictions are themselves the recipients of grand jury subpoenas and themselves are potentially subjects of criminal investigations.

Not to worry. Patel appears to be counting on Trump winning the 2024 presidential election, which would return him to the White House and give him the power to pardon Patel, Epshteyn, and everybody else involved in both the documents case and attempts to overturn the 2020 election. Not only that, Patel is counting on his loyalty to Trump paying off big-time. On Monday, Patel appeared on “The Benny Show,” a pro-Trump podcast, where he was asked – get this – if he would accept an appointment to be Director of the Federal Bureau of Investigation if Trump wins in 2024.

That would be the same FBI that is investigating not only Trump but Patel himself and is behind his subpoena to testify at the grand jury in Washington that is looking into Trump’s mishandling of top secret documents he took from the White House in 2021 and refused to give back to the government for more than 18 months, defying a subpoena and having one of his lawyers lie on an official document certifying that she had turned over all the documents he took to Mar a Lago.

The New York Times quoted Patel as telling the interviewer on “The Benny Show” this: “I’m all in with the boss, and you know that. First, I tell people, let’s win the midterms. And then let’s see what he does and, you know, you and I think I know what he’s going to do. And then it’s a two-year lift and you know what, they’re going to come after us.”

Patel would know. “They” are already after “the boss” and Patel himself, who now faces a grand jury appearance where he will be forced to tell what he knows about “the boss” or he, too, will face indictment.

How about that for a dilemma horn up your ass, huh?

Lucian K. Truscott IV, a graduate of West Point, has had a 50-year career as a journalist, novelist, and screenwriter. He has covered Watergate, the Stonewall riots, and wars in Lebanon, Iraq, and Afghanistan. He is also the author of five bestselling novels. You can subscribe to his daily columns at luciantruscott.substack.com and follow him on Twitter @LucianKTruscott and on Facebook at Lucian K. Truscott IV.

Reprinted with permission from Lucian Truscott Newsletter

#EndorseThis: John Oliver Reveals Invasive Idiocy Of Sinclair Broadcast Group

#EndorseThis: John Oliver Reveals Invasive Idiocy Of Sinclair Broadcast Group

Americans tend to trust local news outlets –including their regional TV stations — more than national news. Even in this era of media consolidation and ideological silos, local television reporters often perform important services and provide vital investigative journalism.

Which is why, as John Oliver explains, the increasing control of local TV by outfits like the ultra-right Sinclair Broadcast Group is so disturbing. With clips from obnoxious commentator Mark Hyman that appear on its outlets across the nation, Oliver shows how this corporation is force-feeding Fox News-style, hard-right clichés to local TV viewers.

Hyman’s idiotic remarks, highlighted by Oliver here, are unintentionally hilarious. And recently the media giant hired Boris Epshteyn, a blustering Trump spokesman who has earned a “Pants on Fire” ratings from Politifact. Sinclair’s executives require local stations to carry their commentaries, plus daily “Terrorism Alerts,” grossly biased “polls,” and heavily slanted campaign coverage.

Already the largest owner of TV stations in the country, Sinclair is set to acquire Tribune Media’s 42 stations — expanding its power dramatically. Indeed, the combined broadcasting power that Sinclair is set to acquire will actually reach a larger audience than Fox News on average.

At least Republicans will never run out of propaganda inside their news bubble.