Former FBI official Frank Figliuzzi said that looking at the requests from the Jan. 6 committee it appears they know what they’re looking for.
Speaking to MSNBC host Joy Reid on Wednesday, Figliuzzi explained that it isn’t going to be a smoking gun for some email that Donald Trump fired off, because it isn’t what he does.
However, “there must be some predication here,” said Figliuzzi. “I do not believe — and certainly if we use the model of a prospective entity — that they would just willy nilly send out this kind of shotgun request without reason to believe — at least a reasonable cause to believe — that there were such communications or may have been such communications from the White House to these parties or vice versa.”
He explained that after a president leaves off, the National Archives is given all of the information and documents from the administration for archiving purposes. So, official devices and official communications would be captured in the documents there.
“That doesn’t mean that personal phones, personal computers and communications aren’t being used by certain folks in and around the White House, including members of Congress, which was part of the request and that the archives would capture those communications,” Figliuzzi said. “Here is encouraging news: this sign of life is significant. The investigation is taking off. They have reason to believe this will reap benefits for them. Now we watch and see the strength of this select committee. What happens if they have subpoenas? How long is it going to take the National Archives to respond to this massive request? Are they properly staffed? Can they do it in two weeks? I say, no.”
Reid noted that one of the key pieces of the request is for records discussing the president’s mental stability.
Figliuzzi agreed that it was significant, assuming his theory that they wouldn’t send off a kind of “fishing expedition” request is correct. “They’ve got some kind of predication to believe this was discussed.”
“They requested records that indicate what the president might have been told about the actual election results,” he explained. “He may have been warned, ‘Don’t go there. These are certified results, my friend. And if he kept pushing back and making stuff up, that would be indicted of a diminished mental state. I think they have reason to believe that kind of thing was discussed.”
See the discussion below:
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‘Confessing to the Crime’: Reporter’s Claim About Trump Being ‘Reluctant’ to Return Records Ignites Legal Experts
Legal experts including Neal Katyal, Andrew Weissmann, and others are responding to a claim made by a right wing reporter that they say indicts rather than vindicates Donald Trump.
The claim was made by Paul Sperry, a former D.C. bureau chief for Investor’s Business Daily, who has worked for the far right wing website WorldNetDaily. He is described as having a “long record of promoting anti-Muslim conspiracy theories” by Georgetown University’s Bridge Initiative Team.
If his reporting is true, legal experts say it is a confession to unlawful actions regarding the 35 cartons of White House records that belong not to the former president, as he reportedly stated, but to the National Archives.
“BREAKING,” Sperry’s post on the right wing social media site Gettr begins. “Sources close to Trump say the former president was reluctant to furnish presidential records to the National Archives after he found out partisan Democrat political appointees there were releasing thousands of his White House documents to the January 6 Committee in spite of his lawyers’ claims of executive privilege. They say the former president simply ‘does not trust’ the Obama and Biden political appointees running the National Archives to act in good faith and in bipartisan spirit.”
That post was included as a screenshot and tweeted by attorney Ron Filipkowski.
Former FBI General Counsel Andrew Weissmann responds by saying: “Legally, this is a confession, not a defense, even if Trump thinks this plays to his base. The more Trump keeps talking, the more he keeps digging his legal grave.”
Weissmann also served as an Assistant United States Attorney, chief of the criminal fraud section of the U.S. Department of Justice, and worked under Robert Mueller during the Trump investigation.
This “is Trump confessing to the crime,” says former U.S. Acting Solicitor General Neal Katyal. “If this report is accurate, Trump is saying he took these doc[uments] for his personal gain. It’s no defense to say ‘the govt was going to be unfair.’ These are the govt’s docs, not his. He doesn’t get to hide them& benefit.”
The nonpartisan watchdog Citizens for Ethics (CREW) writes: “So Trump was intentionally breaking the law. That’s really not the winner they think it is.”
Attorney Owen Barcala offers up this sarcastic response: “‘How dare you say he negligently retained classified documents! He did so intentionally and with the specific purpose to interfere with a Congressional investigation!'”
National security lawyer Mark S. Zaid: “These ‘sources’ close to Trump are undermining any possible factual or legal defenses he might assert. Please keep talking!”
Journalists are also weighing in.
Civil liberties and national security journalist Marcy Wheeler: “These ‘sources close to Trump’ LITERALLY just confessed to concealing official records to thwart an investigation, which is one of the crimes under investigation, 18 USC 1519.”
Columbia Journalism School Professor Bill Grueskin: “Each story is more confession-y than the previous one.”
New York Times opinion columnist Farhad Manjoo: “he’s admitting to taking classified documents from the White House in order to keep them away from government officials? convenient, because that is … specifically one of the crimes he’s being investigated for.”
‘It’s Not Theirs, It’s Mine’ Trump Told Aides About White House Records Including Classified Documents: NYT
Donald Trump last week claimed all the Dept. of Justice had to do was “ask” for the classified documents, and other items the FBI confiscated a week ago Monday, and he would have returned them, while multiple aides reportedly have quoted him saying those items belonged to him.
“Pat A. Cipollone and Patrick F. Philbin, the White House counsel and his deputy under President Donald J. Trump, were interviewed by the F.B.I. in connection with boxes of sensitive documents that were stored at Mr. Trump’s residence in Florida after he left office, three people familiar with the matter said,” The New York Times Tuesday afternoon reports.
Both were named as Trump’s representatives to the National Archives, so when the Archives discovered it was missing items, including the highly classified documents, NARA reached out to Philbin.
“Mr. Philbin tried to help the National Archives retrieve the material, two of the people familiar with the discussions said. But the former president repeatedly resisted entreaties from his advisers,” the Times’ Maggie Haberman reports.
“’It’s not theirs, it’s mine,’ several advisers say Mr. Trump told them,” according to the Times.
That’s a different response to the one Trump posted to his Truth Social account last week.
“Number one, it was all declassified,” Trump wrote, a claim experts question.
“Number two,” Trump added, “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.”
“They could have had it anytime they wanted—and that includes LONG ago,” he continued in a separate post on Truth Social. “ALL THEY HAD TO DO WAS ASK.”
Despite NARA retrieving the 15 cartons in January, there were more items they wanted returned. In May Trump was sent a subpoena, and yet those items were not returned.
In June, a Trump lawyer signed a statement saying there were no classified documents at Mar-a-Lago.
Two months later, on August 8, the FBI executed the search warrant that reportedly secured 11 sets of classified documents.
The Times adds that in June, “officials then used a subpoena to obtain surveillance footage of the hallway outside a storage room at Mar-a-Lago and saw something that alarmed them.”
The Times on Tuesday does not state what “alarmed” them, but Maggie Haberman at the Times on Saturday reported the surveillance footage revealed items being taken out of that locked storage room.
“The Justice Department also subpoenaed surveillance footage from Mar-a-Lago recorded over a 60-day period, including views from outside the storage room,” Haberman reported. “According to a person briefed on the matter, the footage showed that, after one instance in which Justice Department officials were in contact with Mr. Trump’s team, boxes were moved in and out of the room.”
“They also received information from at least one witness who indicated that more material might remain at the residence, people familiar with the investigation said,” she added.
Trump Tweeted ‘Highly Classified Image Taken by a Secret Spy Satellite’ in 2019: Report
In late August of 2019, more than two and a half years into his first and only term, Donald Trump tweeted a photo that many at the time thought might be a classified spy image, setting the internet on fire.
As it turns out, it was.
Calling it “an infamous moment in the Trump presidency — one that former intelligence officials say perfectly illustrated his approach to dealing with state secrets,” NBC News on Tuesday reported that on August 30, 2019, a “former senior intelligence official with firsthand knowledge told NBC News that Trump did indeed tweet a highly classified image taken by a secret spy satellite, as many experts suspected at the time. And in doing so, the official and others said, Trump gave U.S. adversaries keen insights into the U.S. capabilities to spy from above.”
Trump’s Twitter account is gone, permanently suspended after the Jan. 6 insurrection, and with it all the tweets he posted over many years.
But this is a screenshot of that tweet captured by the Internet Archive (with what appears to be Finnish):
“The president tweeted a picture of an Iranian missile launch site that showed a failed ICBM test launch that everybody acknowledged was a highly classified picture taken from space,” former national security adviser John Bolton told NBC News. “He tweeted it out, and that of course declassified it by definition, but also showed what could happen when such a picture, even on a Twitter attachment, was then able to be analyzed by foreign intelligence services.”
“We had this image of the Iranian missile blown up, and it was exquisite intelligence, and he didn’t even wait,” a former senior intelligence official said. “As soon as we showed him, he said, ‘Hey, I’m tweeting this.’”
Trump “spent no time understanding what made something a secret and what we protected,” that former official also told NBC News.
“CIA Director Gina Haspel and Director of National Intelligence Joseph Maguire tried to talk Trump out of doing it,” NBC News adds, “noting that the U.S. spent billions of dollars developing capabilities to capture images from space, and told Trump, ‘You can’t do this. If you put this out, they’re going understand what our capability is.'”
Falsely, he responded: “Look, I’m the president, I can declassify anything.”
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