Is Pat McCrory Feeling the Heat?
Tuesday evening Governor Pat McCrory posted a five-minute video denouncing what he calls “a vicious, nation-wide smear campaign” targetingÂ North Carolina. McCrory, who is running for re-election, uses his office as a political tool against his DemocraticÂ opponent, Attorney General Roy Cooper, who has announced he believes McCrory’s anti-LGBT law is unconstitutional, and thus will not defend it in court.
Before the U.S. Supreme Court declared same-sex couples have a constitutional right to marry, then-Attorney General Eric Holder explicitly stated that state Attorneys General are not obligated to defend laws they believe are unconstitutional. HB2 has unconstitutional written all over it.
In his video, McCrory begins by saying, “the people of North Carolina love each other and they respect their differences,” and “the people of North Carolina put aside their disagreements and come together to accommodate and work out solutions, while still respecting each otherâ€™s beliefs and values.”
He then goes on to attack Attorney General Cooper, and “other politicians, from the White House to mayors and city council members,” who he claims “have initiated and promoted conflict to advance their political agenda.”
â€œThis is not about demonizing one group of people,” McCrory then claims, after signing an amicus brief against a transgender child. “Letâ€™s put aside our differences, the political rhetoric and yes, hypocrisy, and work on solutions that will make this bill better in the future. I am open to new ideas and solutions.”
The hypocrisy is palpable.
Some responses via Twitter:
Direct admission that only reason he signed bill was to stop trans people in Charlotte from using restroom. Thanks!https://t.co/W4s10nUENA
â€” Joshua Block (@JoshACLU) March 29, 2016
â€” Samantha Allen (@SLAwrites) March 29, 2016
Keep digging, Governor Wallace. https://t.co/5dnKf5o3bJ
â€” Dana Beyer (@DanaBeyerMD) March 29, 2016
NC governor releases video arguing the only way to respect difference is through discriminatory legislation. https://t.co/9QeKfbX2QM
â€” TC (@tchop__StL) March 29, 2016
If this is a “complex issue” maybe shouldn’t have kept text secret and passed/signed in 13 hrs w/out usual vetting.https://t.co/W4s10nUENA
â€” Joshua Block (@JoshACLU) March 29, 2016
Whaaaaa!! Video Message from North Carolina Governor Pat McCrory on HB2 https://t.co/QdyevRcr8m
â€” Hilary Rosen (@hilaryr) March 29, 2016
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New Analysis Breaks Down GOP’s Flawed Response to the Mar-a-Lago Search
Republican lawmakers are reportedly at an impasse on whether or not they should be defending former President Donald Trump amid his latest flurry of legal woes. The party is also facing challenges with navigating some lawmakers’ critical assessments of law enforcement over the Trump investigation.
A new analysis is breaking down Republicans’ seemingly flawed response and how it underscores the cracks in the political party’s foundation.
According to Axios, the analysis comes shortly after documents released on Friday, August 12, offered details about the search which reportedly involved “highly classified materials believed stored in violation of the law at the ex-president’s private residence.”
Prior to the release of those documents, Republicans serving on the House Intelligence Committee participated in a press conference where they continued to criticize the investigation, describing it as being politically motivated.
Rep. Elise Stefanik (R-N.Y.) scrutinized the investigation deeming it a “complete abuse” of authority as she suggested it was being conducted because the former president is considered to be “Joe Biden’s most likeliest political opponent in 2024.”
However, some Republicans on the committee have offered a more leveled approach to the situation. Per The New York Times, “Trump allies have told top Republicans to tone down their criticism of the Justice Department ‘because it is possible that more damaging information related to the search will become public.'”
“It’s incumbent upon everybody to act in a way that’s becoming of the office they hold,” said Rep. Brian Fitzpatrick (R-Pa.), a former FBI agent, “And that’s not casting judgment on anything until you know all the facts.”
Others have attempted to defend the former president. Rep. Mike Turner (R-Ohio) said, “You can say nuclear weapons, but there are things that are highly, highly classified, there are things that are not extremely classified.”
Rep. Marjorie Taylor Greene (R-Ga.) is now selling merchandise on her website in support of a call to “defund the FBI” while Rep. Paul Gosar (R-Ariz.) tweeted, “I will support a complete dismantling and elimination of the democrat brown shirts known as the FBI.”
Image: Elise Stefanik with Donald Trump at Mar-a-Lago via Facebook
Trump Makes False Claims About Classified Documents – And Obama
Donald Trump is responding to news reports he is under FBI investigation for actions covered by the Espionage Act by making apparently false claims about his mishandling of classified documents and about former President Barack Obama.
“Number one, it was all declassified,” Trump says in a post on his Truth Social site, a claim legal experts say is incorrect. For any president to declassify documents, experts say, there is a process that involves actions being taken on each individual document. They also say the president does not have legal authority to declassify documents related to nuclear weapons.
“Number two,” Trump continues, “they didn’t need to ‘seize’ anything. They could have had it anytime they wanted without playing politics and breaking into Mar-a-Lago. It was in secured storage, with an additional lock put on as per their request.”
Again, according to reports, that too is false. DOJ issued a subpoena after the National Archives tried to get all the documents back and Trump still did not comply.
“They could have had it anytime they wanted—and that includes LONG ago,” he continues in a separate post on Truth Social. “ALL THEY HAD TO DO WAS ASK.”
Again, multiple reports say they did, numerous times.
None of his responses explain why he had at Mar-a-Lago what we now know were at least 35 cartons – 20 retrieved on Monday and 15 earlier this year – of items including confidential, classified, and top secret documents that were required by law to have been handed over to the National Archives.
“The bigger problem is,” Trump says, “what are they going to do with the 33 million pages of documents, many of which are classified, that President Obama took to Chicago?”
That is also false.
The National Archives on Friday issued a statement after Trump repeatedly spread the false claim that former President Barack Obama had 33 million documents in his possession.
“President Barack Hussein Obama kept 33 million pages of documents, much of them classified. How many of them pertained to nuclear? Word is, lots!” was one of Trump’s false attacks on his Truth Social site.
“The National Archives and Records Administration (NARA) assumed exclusive legal and physical custody of Obama Presidential records when President Barack Obama left office in 2017, in accordance with the Presidential Records Act (PRA),” the Archives said in a statement posted to its website Friday.
“NARA moved approximately 30 million pages of unclassified records to a NARA facility in the Chicago area where they are maintained exclusively by NARA,” the Archives added. “Additionally, NARA maintains the classified Obama Presidential records in a NARA facility in the Washington, DC, area. As required by the PRA, former President Obama has no control over where and how NARA stores the Presidential records of his Administration.”
Trump Under FBI Investigation for Potential Violation of the Espionage Act Legal Experts Say
‘Simply Jaw-Dropping’: Legal Experts Also Stunned Over Top Secret, Confidential Contents of Cartons FBI Seized From Mar-a-Lago
“A search warrant viewed by POLITICO reveals that the FBI is investigating Donald Trump for a potential violation of the Espionage Act and removed classified documents from the former president’s Florida estate earlier this week,” Politico reports.
The New York Times also confirms.
“Federal agents who executed the warrant did so to investigate potential crimes associated with violations of the Espionage Act, which outlaws the unauthorized retention of national security information that could harm the United States or aid a foreign adversary; a federal law that makes it a crime to destroy or conceal a document to obstruct a government investigation; and another statute associated with unlawful removal of government materials.”
Based on the search warrant released to far-right media outlet Breitbart News, multiple legal experts also say Donald Trump, the former president is under FBI investigation for potentially violating the Espionage Act.
“A federal magistrate judge has found probable cause to believe evidence of the crime of ESPIONAGE to be found at Mar-A-Lago. Repeat 5 times,” writes former U.S. Attorney and DOJ official Harry Litman, now an LA Times legal affairs columnist. He also notes that “top secret/compartmented is stratospherically high classification. Scandal he ever had in [those documents] the first place.”
Top national security lawyer Brad Moss writes: “18 U.S.C. 793 – Espionage Act. That’s for willful/grossly negligent removal of information relating to the national defense. 18 U.S.C. 2017 and 18 U.S.C. 1519 – that’s for concealing federal records.”
Moss also retweeted this statement by veteran Cox Radio Capitol Hill correspondent Jamie Dupree:
“So the leak of the Trump search warrant via Breitbart indicates that former President Donald Trump is under investigation for violating the Espionage Act and for Obstruction of Justice.”
Civil liberties and national security journalist Marcy Wheeler also confirms, writing: “The hilarious thing is that since Brietbart doesn’t even know what a Supervisory Special Agent is, they probably don’t realize they’ve confirmed that Trump is under investigation for violating the Espionage Act.”
Western New England University School of Law law professor Jennifer Taub also confirms, writing: “Donald Trump is being investigated for espionage.”
The Wall Street Journal was first to publish details of what FBI agents seized from Donald Trump’s Mar-a-Lago mansion on Monday. Legal experts have been calling Friday afternoon’s revelations “jaw-dropping.”
FBI agents “removed 11 sets of classified documents, including some marked as top secret and meant to be only available in special government facilities, according to documents reviewed by The Wall Street Journal,” the WSJ report states.
Despite initial reports the FBI seized between ten and 12 cartons of documents and other materials unlawfully removed from the White House to Mar-a-Lago, there were 20 cartons retrieved. That is in addition to the 15 cartons the National Archives were forced to retrieve earlier this year.
“The list includes references to one set of documents marked as ‘Various classified/TS/SCI documents,’ an abbreviation that refers to top-secret/sensitive compartmented information. It also says agents collected four sets of top secret documents, three sets of secret documents, and three sets of confidential documents. The list didn’t provide any more details about the substance of the documents.”
The classified/TS/SCI markings are the most important.
Legal experts say the search warrant was “broad,” and indeed the Journal reports the warrant “shows that FBI agents sought to search ‘the 45 Office,’ as well as ‘all storage rooms and all other rooms or areas within the premises used or available to be used by [the former president] and his staff and in which boxes or documents could be stored, including all structures or buildings on the estate.'”
Late Thursday evening The Washington Post revealed FBI agents were looking to retrieve classified documents “related to nuclear weapons,” making Monday’s raid all the more important, and Trump and his teams handling – or mishandling – of those documents all the more egregious.
The George Washington University Law School’s Professor of Government Procurement Law, Steven L. Schooner, says, “removal of, failure to account for, & failure to return (under subpoena) ‘classified/TS/SCI documents’ is, ugh, simply jaw-dropping, and that’s regardless of whether it’s nuclear-related.”
This is a breaking news and developing story. Details may change.
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