Tag: mar-a-lago raid
'Damning' Prosecution Memo Suggests Trump Sought Profit From Classified Papers

'Damning' Prosecution Memo Suggests Trump Sought Profit From Classified Papers

New revelations have emerged in President Donald Trump's classified documents case, per a "damning" memo obtained by MS NOW, showing that he seemingly intended to profit from illegally retaining the sensitive materials.

According to the report published Friday, special counsel Jack Smith determined that Trump had retained "secret documents that related to his worldwide business interests," revealing a key potential motive for his dogged efforts to hang onto them.

Trump held the documents, often in questionable places, at his Mar-a-Lago resort, after departing the White House in 2021, later insisting that he had the right to retain them and that he had declassified them with his mind before leaving office. He was indicted on 32 felony counts related to his retention of the materials, and an additional eight charges for conspiracy to obstruct justice, but the case was halted after his reelection.

The revelations about Trump's business motive originate from a January 2023 progress memo produced by Smith's office, though the specific businesses and how they relate to the classified information were not disclosed.

“Trump possessed classified documents pertinent to his business interests — establishing a motive for retaining them,” the memo explained. “We must have those documents.”

As MS NOW's report explained, Trump's motive for retaining the materials had, up until now, been largely uncertain. Trump himself has long insisted that he had every right to retain the documents, likening them to the materials kept on hand by his predecessors for their presidential libraries. Some reports indicated that Trump seemed to show off the documents to impress people who visited Mar-a-Lago, while other critics warned that he may have been attempting to sell the sensitive information.

"Trump’s reason for taking hundreds of pages of classified documents when he left office in January 2021 — and then concealing them when the Justice Department subpoenaed him for their return in May 2022 — has been one of the larger mysteries of the case," MS NOW explained. "FBI agents conducting an unannounced search of Trump’s Mar-a-Lago residence in August 2022 discovered hundreds more pages of top-secret records that Trump and his lawyers had failed to return to the government after claiming they had fully returned all classified materials."

Rep. Jamie Raskin (D-MD) cited this memo in a scathing letter to Attorney General Pam Bondi on Tuesday, accusing the agency of covering up Trump's misdeeds while scrambling to find incriminating evidence against Smith.

“These new disclosures suggest that Donald Trump stole documents so sensitive that only six people in the entire U.S. government had access to them, that the documents President Trump stole pertained to his business interests,” Raskin wrote “This glimpse into the trove of evidence behind the coverup reveals a President of the United States who may have sold out our national security to enrich himself.”

The congressman added: "Apparently blinded by the frenzied search to find any scrap of evidence that could be twisted and distorted to level an attack against Special Counsel Smith (despite constantly coming up empty-handed), you have, quite amazingly, missed the fact that some of the documents you provided include damning evidence about your boss’s conduct and may well violate the gag order your DOJ and Donald Trump demanded from Judge Aileen Cannon."

Reprinted with permission from Alternet


Trump Attorney Warned Him Against Defying Secret Documents Subpoena

Trump Attorney Warned Him Against Defying Secret Documents Subpoena

Former President Donald Trump was warned last year that holding onto classified documents after he was subpoenaed by the Department of Justice (DOJ) for their return to the National Archives could amount to obstruction of justice, according to records shared exclusively with The Guardian over the weekend.

"The previously unreported warning conveyed to Trump by his lawyer Evan Corcoran could be significant in the criminal investigation surrounding Trump's handling of classified materials given it shows he knew about his subpoena obligations," the outlet reports.

Noting special counsel Jack Smith's probe into why "Trump World" failed to return the requested materials, "prosecutors have fixated on Trump's valet Walt Nauta, after he told the Justice Department that Trump told him to move boxes out of the storage room before and after the subpoena. The activity was captured on subpoenaed surveillance footage, though there were gaps in the tapes," The Guardian reveals.

"The warning was one of several key moments that Corcoran preserved in roughly 50 pages of contemporaneous notes described to The Guardian on the condition of anonymity, which prosecutors have viewed in recent months as central to the criminal investigation," Washington correspondent Hugh Lowell writes.

"The notes revealed how Trump and Nauta had unusually detailed knowledge of the botched subpoena response, including where Corcoran intended to search and not search for classified documents at Mar-a-Lago, as well as when Corcoran was actually doing his search," Lowell continues, adding that "the notes ended up before the grand jury in Washington hearing evidence in the case after a US appeals court allowed attorney-client privilege to be pierced because judges believed Trump might have used Corcoran's legal advice in furtherance of a crime."

Lowell also explains from the notes that the room in which boxes filled with top-secret records were kept "might have been left unattended" during Trump World's search — which because it was incomplete prompted the Federal Bureau of Investigation to execute its own search warrant last August.

Furthermore, Trump was reportedly "irritated" with the subpoena as well as the "unusually detailed nature" of Corcoran's written accounts.

Reprinted with permission from AlterNet

No Comparison: The Biden And Trump Classified Documents Cases

No Comparison: The Biden And Trump Classified Documents Cases

Stay tuned for more coverage of this and other political stories. Buying a subscription would certainly help out as I post more of these screeds.

I’m getting a creepy feeling this subject is going to be talked about all year and into the next, making it prime meat as a campaign issue against President Joe Biden if he decides to run for reelection. And there is more: Be forewarned that the fairness doctrine doesn’t apply in politics.

Today, the Republican-led House Oversight Committee wrote to the White House and asked for the visitor logs for Biden’s house in Wilmington, Delaware. "Without a list of individuals who have visited his residence, the American people will never know who had access to these highly sensitive documents," Rep. James Comer (R-KY) wrote to White House Chief of Staff Ron Klain.

Take a deep breath before you read the next sentence. No, the House Republican chairman of the Oversight Committee didn’t send an equivalent letter to former president Donald Trump, asking for visitor logs for Mar-a-Lago. Can you imagine? They would have to send a box truck for the Mar-a-Lago logs, with all the weddings and fund raisers and Christmas and New Years celebrations held there every year.

As the New York Times proved in an excellent interactive photo piece a couple of months ago, there were not one, but two entrances to the Mar-a-Lago ballroom that had direct access to the stairway above it, at the top of which was Trump’s office, from which many of the most sensitive classified documents were recovered by the FBI during their August search of the property. There would also have to be a list of the many, many employees of caterers and staff of Mar-a-Lago who had access not only to the ballroom, but to the storage room in the basement where the chairs for events in the ballroom were stored. As we know, Trump kept classified documents in the basement storage room where there was no lock until the Department of Justice demanded that one be installed in June of last year.

Asked on a CNN Sunday morning show why he hadn’t requested visitor logs from Trump for his club/hotel/residence, Mar-a-Lago, Comer replied, "I don't feel like we need to spend a whole lot of time because the Democrats have done that for the past six years.”

So, there you have it: This is the way what must now be referred to as the Trump/Biden classified documents cases will play out between now and November of 2024. Remember all the excuses the Trump people and Republicans made for the presence of hundreds of classified documents recovered by the FBI from Mar-a-Lago? Oh, the documents ended up there because of the chaotic packing-up of Trump’s White House in the final days before January 20, 2021. It’s just a simple disagreement with the National Archives. Trump wasn’t aware of what was down there in some musty storage room in Mar-a-Lago! That was handled by underlings.

And of course, they argued that everybody did it, meaning that every president accidentally took classified documents from the White House when they left office.

That one stings a little, given the recent drip-drip-drip of stories about classified documents turning up in Biden’s garage (locked, he pointed out the other day) stored alongside his vintage Corvette.

James Sauber, one of the White House counsels, announced last week that “a small number” of classified documents had been found among Biden’s papers at the Penn Biden Center think tank in Washington. Then more classified documents were found at Biden’s home in Delaware. On Saturday, the White House said that five more pages of classified documents were found at Biden’s Delaware residence. In each case, the documents were reported to the National Archives (NARA), which sent people to retrieve them.

I hardly have to remind you what happened in the case of the Trump documents, but here it goes: NARA began to seek documents it thought had been taken by Trump from the White House back in mid-2021. Trump stiff-armed them until the NARA officials informed his lawyers that the agency was turning the case over to the Department of Justice. Suddenly, in January of 2022, Trump turned over 13 boxes of documents to the NARA, which found classified documents among them.

The DOJ stayed involved and sent a subpoena for classified documents to Trump in May. Trump’s lawyers responded in June, turning over an envelope containing several classified documents to representatives of the DOJ at that time. They also had one of Trump’s lawyers – who worked for his Super PAC – sign a statement saying the documents were recovered during a diligent search of Mar-a-Lago. It didn’t amount to a sworn statement that they had turned over all the classified documents Trump had, but it was close.

The DOJ developed information, apparently from employees in Mar-a-Lago, that there were more documents stored there, and in August executed a search warrant. They recovered 13,000 more documents from the basement storage room. Among those and other documents from Trump’s office were 113 more classified documents. The DOJ started calling Trump employees before a Washington D.C. grand jury. It turned out that several of those employees had lawyers paid for by organizations run by Trump, such as his Super PAC. Several of the Trump employees took the Fifth Amendment during their grand jury testimony.

Attorney General Merrick Garland appointed Jack Smith, who was serving as a war crimes prosecutor at the Court of International Justice at the Hague, as special prosecutor. He took over the documents investigation and has issued new subpoenas for more testimony about the documents case, as well as the investigation of Trump’s efforts to overturn the results of the 2020 election.

Now a second special prosecutor, Robert Hur, has been appointed to investigate the Biden classified documents. Biden’s lawyers have announced that they are fully cooperating with the investigation. In contrast, Trump filed suit in a Florida federal court last year to stop the use of the classified documents in the DOJ investigation, delaying the investigation for several months while the case wound its way not once, but twice, through the 11th Circuit Court of Appeals.

Finally, the 11th Circuit threw out Trump’s lawsuit. The “special master” process that had been ordered to go through all 13,000 of the seized documents was ended and the documents – all of them, classified and unclassified – were returned to the DOJ for their investigation.

So, you get the picture: Trump took thousands of documents from the White House on purpose and fought tooth and nail for two years to keep them and to stymie both the NARA and the DOJ. Biden took a small number of classified documents with him when he left the vice presidency – we don’t know the number, but it’s more than ten – and immediately turned them over to the National Archives and is cooperating with the DOJ and the special prosecutor appointed to investigate the case.

You can depend on House Republicans to continue to make a big deal about the Biden classified documents while pooh-poohing what Trump did. What else is new? It’s who they are, and it’s who Trump is, but it’s going to be a pain in the collective ass of the Democratic Party. House Republicans are writing letters and making requests now, but they will follow up with subpoenas – the same kind of subpoenas that multiple Trump witnesses either avoided or completely refused to comply with – Hi, Steve Bannon! – and we’ll hear about every single one of them, no matter what they end up proving – Hi! Benghazi Committee!

I hate to say this but watch this space. We’re only halfway through January. It’s promising to be a very, very long year.

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 is reprinted with permission.

Will New Special Counsel Make Indictment Of Trump 'Much Easier'?

Will New Special Counsel Make Indictment Of Trump 'Much Easier'?

Legal experts are weighing in after Attorney General Merrick Garland announced Thursday afternoon he has appointed Andrew Hur as special counsel to review President Joe Biden’s handling of classified documents, a small number of which were found in his Pennsylvania office and Delaware home from his time as Vice President.

Last month Garland, after more than 500 days into the Justice Department’s investigation of Trump’s handling of classified documents, appointed Jack Smith as special counsel to investigate the ex-president. Both special counsels are former Trump appointees.

Republicans have been attacking President Biden, despite aides immediately contacting DOJ and the National Archives to return the documents, which are believed to have been misplaced. In stark contrast, Donald Trump or his aides are believed to have been responsible for the packing for transport of hundreds of classified documents from the White House to an unsecured area of his Mar-a-Lago resort. Trump himself reportedly personally packed boxes of classified documents after the National Archives demanded their return, but did not send all of them back.

Noted national security attorney Brad Moss on Thursday said, “I have no issue with Garland appointing a Special Counsel here regarding the Biden documents. I think it’s pointless [Hur will still report to Garland in the end] but the politics of the moment require it. It changes nothing in terms of my legal analysis of liability.”

On Wednesday Moss had said about the Trump versus Biden classified documents issues, “Objective legal analysts have spent six months making clear that criminal liability for Trump exists only because of his obstruction. Absent that, DOJ wouldn’t bother prosecuting an accidental mishandling case here.”

“Nothing I have seen has changed my mind yet that Biden and his team, for now at least, are not at risk of criminal exposure,” he also said Wednesday. “Nor do I have any reason to believe this changes the calculus on an indictment of Trump. That said, this sloppiness by Biden’s staff angers me.”

“I still don’t view it as a criminal issue,” he added.

Former U.S. Attorney Barb McQuade said on MSNBC just after Garland’s announcement that she believes the appointment of a special counsel makes it “more likely” that Trump will be prosecuted in the classified documents case.

On Wednesday McQuade told The Guardian’s Hugo Lowell, “Cases typically are charged criminally only when an aggravating factor is present… difference with Trump is that two of the four are met, and that is willful violation and obstruction.”

“The two factors that are present for Trump do not appear to be present in the Biden case… these cases are very different,” she added.

Former FBI Special Counsel Andrew Weissmann, who spent two decades at DOJ, appears to agree with the other experts.

“Appointment of Hur makes it much easier for Jack Smith to bring Trump MAL docs charges,” Weissman tweeted. “Gives DOJ the necessary reality and appearance of balance and fairness.”

“Even after AG Garland’s announcement still no facts from which to think anything Biden did was with knowledge and intent,” he also said.

Reprinted with permission from Alternet.

Shop our Store

Headlines

Editor's Blog

Corona Virus

Trending

World