Legal experts are already noticing curious aspects about Donald Trump‘s legal filing late Monday afternoon – including with the strategy and writing of the motion, and that Trump may be representing himself. In that new filing, Trump asks the court to block DOJ from reviewing the White House records, including classified documents federal agents confiscated two weeks ago, and appoint a “special master.”
Attorney Tristan Snell, who successfully prosecuted the case against Trump University, points to a screenshot from the federal court’s PACER system, and says, “Trump is representing HIMSELF, with no lawyer at all, in his case against the United States regarding the search of Mar-a-Lago and recovery of government records. The legal term is ‘pro se’ – for himself. He could not find anyone to represent him.”
Screenshot from the federal court online system: pic.twitter.com/B1k1OEbHYU
— Tristan Snell (@TristanSnell) August 22, 2022
“There are attorneys on a motion, though,” Snell adds, meaning at the end of the document there are three of Trump’s new attorneys’ names listed.
“So what is going on here?” he asks. “Is this a publicity stunt by Trump? Or some kind of administrative snafu? Or did the attorneys file the motion without first appearing / being admitted for the case?”
“This is highly unusual, to say the least.”
Noted attorney and former federal prosecutor Ken White, who runs the popular Popehat Twitter account, calls the filing “just bad,” and goes as far as to blast Trump’s attorneys, writing: “I mean this is shitty on every level. It’s shitty strategy, shitty lawyering, shitty writing, shitty organization. It’s even shitty as propaganda. It’s just incompetent.”
“Last time we had attorney-client privileged docs seized from a client we were in court to contest it THAT DAY. Two weeks later is . . . well,” White writes.
“Also, if I DID take two weeks to file it, with the greatest respect, it wouldn’t look like this,” White says. “This is just bad.”
“Also, when I file a motion, I use a weird trick,” he says apparently with some snark. “I identify the rule or statute I’m invoking that gives the court power to act and the rules governing the process. In criminal cases I cite criminal rules. And cases.”
“Finally, I think it’s fair to say I don’t have a LOT of shame, but I have enough that I wouldn’t file a motion arguing that my client took an official legal position the court should have noticed on Truth Social,” he adds.
Andrew Weissmann, who spent two decades at DOJ, including as General Counsel of the Federal Bureau of Investigation weighed in.
“The new Trump defense that the docs were for personal memoir,” Weissmann says. “1. That’s not an exception in any criminal statute. 2. Inconveniently for you, Gen. Petraeus did just that and was criminally charged.”
Weissmann concludes, “The new Trump Florida court filing is a press release masquerading (tenuously) as a legal brief.”
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In Angry Letter McCarthy Warns Thompson J6 Docs ‘Do Not Belong to You’ – After Defending Trump Taking Classified Info
House Minority Republican Leader Kevin McCarthy in an angry letter to Rep. Bennie Thompson (D-MS) warned the Chairman of the U.S. House Select Committee on the January 6 Attack that his role will end on January 3 and it is “imperative that all information collected be preserved.” The California Republican congressman had a dramatically different position on Donald Trump‘s unlawful retention of well over ten thousand items from the White House, including at least 300 documents with classified markings, including some classified at the highest levels.
McCarthy, who is running to be Speaker of the House but is facing strong opposition from some of the GOP caucus, nevertheless is acting as if he will wield the gavel.
His letter, angry and accusatory in tone, also strongly suggests Republicans will hold their own hearings on the January 6 attack on the Capitol and on democracy, but with a vastly different focus.
“The American people chose Republicans to lead the 118th Congress,” McCarthy’s letter begins. “On January 3, 2023, your work as Chairman of the Select Committee to Investigate the January 6th Attack on the United States Capitol will come to an end,” McCarthy told Thompson in his letter, which was reported on by CBS News.
“For those reasons, I remind you and your staff on the Committee to preserve all records collected and transcripts of testimony taken during your investigation in accordance with House Rule VII. As the Chairman, regardless of who may be directing the work of the Committee, you are responsible for the work done by its members and staff.”
Some have suggested that Thompson could transfer some or all of the Committee’s work product – all transcripts and other evidence – to the Senate.
McCarthy continued with his angry attack.
“It is clear based on recent news reports that even your own members and staff of the Committee have no visibility into the totality of the investigation. Some reports suggest that entire swaths of findings will be left out of the Committee’s final report. You have spent a year and a half and millions of taxpayers’ dollars conducting this investigation.”
House Republicans, including McCarthy, spent million dollars on six Benghazi investigations, the last one of which McCarthy admitted was designed to harm former Secretary of State Hillary Clinton’s presidential aspirations.
“Everybody thought Hillary Clinton was unbeatable, right? But we put together a Benghazi special committee, a select committee. What are her numbers today? Her numbers are dropping,” McCarthy bragged in 2015.
Unlike his defense of ex-president Donald Trump unlawfully removing and retaining at Mar-a-Lago approximately 13,000 items belonging to the National Archives from the White House, McCarthy warned Thompson the Committee’s work does not belong to the Chairman.
“It is imperative that all information collected be preserved not just for institutional prerogatives but for transparency to the American people,” McCarthy wrote. “The official Congressional Records do not belong to you or any member, but to the American people, and they are owed all of the information you gathered – not merely the information that comports with your political agenda.”
That’s actually false.
The Committee has undoubtedly uncovered government secrets, including national security information, classified information, and information, for example, the Secret Service needs to keep secret to allow it to continue to secure its protectees. It also has entered into agreements with witnesses that prevent it from releasing those documents, transcripts, and other evidence to the public.
Politico’s senior legal affairs reporter Kyle Cheney says, “Kevin McCarthy’s letter demanding that the Jan. 6 committee preserve its records is mostly nonsense because the committee is planning to release all but a few of its transcripts.”
McCarthy continued, warning: “Although your Committee’s public hearings did not focus on why the Capitol complex was not secure on January 6, 2021, the Republican majority in the 118th Congress will hold hearings that do so.”
He then served up what some might say is a threat.
“The American people have a right to know that the allegations you have made are supported by the facts and to be able to view the transcripts with an eye toward encouraged enforcement of 18 USC 1001.”
18 U.S. Code § 1001 is the federal statute that makes it a crime to knowingly make false statements.
McCarthy had a very different take when the U.S. Dept. of Justice executed a legal search warrant of Donald Trump’s Florida residence and resort, Mar-a-Lago, to retrieve government-owned materials, including classified documents.
“Joe Biden and the politicized Dept. of Justice launched a raid on the home of his top political rival, Donald Trump,” McCarthy said on Sept. 1. “That is an assault on democracy.”
“Joe Biden and the politicized Department of Justice launched a raid on the home of his top political rival, Donald Trump. That is an assault on democracy.”
— House Minority Leader Kevin McCarthy, before Biden gives remarks in Philadelphia, attacks the lawful Mar-a-Lago search pic.twitter.com/qDwPSzrYs8
— The Recount (@therecount) September 1, 2022
Watch the videos above or at this link.
Trump Allies So Shaken by His White Supremacist Dinner a Top Campaign Aide Will Now ‘Be Present With Him at All Times’
Top allies of Donald Trump were so disturbed by his decision to have dinner with white supremacist Nick Fuentes last week that the ex-president and 2024 GOP candidate will now have a handler with him around the clock.
The Associated Press also reports the campaign has also changed the protocols for visitors and will start to vet guests who come to see Trump, after the few procedures in place allowed antisemite Kanye West to bring along three guests.
“In an acknowledgment of the severity of the backlash and an effort to prevent a repeat, Trump’s campaign is putting new protocols in place to ensure that those who meet with him are approved and fully vetted, according to people familiar with the plans who requested anonymity to share internal strategy,” the AP adds, revealing the campaign apparently does not trust the 76-year old ex-president to make decisions about who he should or should not spend time with.
“The changes will include expediting a system, borrowed from Trump’s White House, in which a senior campaign official will be present with him at all times, according to one of the people,” the AP adds, revealing what appears to be a previously unknown fact.
The lax security at Mar-a-Lago was in place when Trump was storing 300 documents with various classified markings, including documents with top secret information and a set with the highest level of classification.
In yet another stunning revelation the AP reports that the antisemitic Holocaust “denier” and white supremacist Fuentes “arrived by car with Ye, the rapper formerly known as Kanye West, and was waved into the club by security, even though only Ye had been on the security list, according to one of the people present and others briefed on the events.”
The AP also reports that “Fuentes apparently did not show his ID and the car’s driver, a frequent guest at the club, got in using a credit card after misplacing her license.”
The report does not mention the other two guests Trump dined with, reportedly far right wing provocateur Milo Yiannopoulos, who has supported adult men having sex with young teens, and Karen Trump 2016 aide Karen Giorno, who was reportedly involved in a pay-for-pardon scheme.
Five Engines of Secret Service Rental Vehicles for the President’s Thanksgiving Break Catch Fire
The Nantucket Current reported that five of the vehicles rented by the U.S. Secret Service caught fire at the local airport during President Joe Biden’s Thanksgiving break. Biden’s family has met in Nantucket for Thanksgiving for decades but this is the first time a cache of vehicles looked like their engines exploded.
The report identified that the five vehicles were all different types, a Chevy Suburban, Ford Explorer, Infiniti QX80, Ford Expedition and Jeep Gladiator. The Ford Expedition did have a recall on it for the connections to the battery, indicating that fires have been caused by the problem. The car had not been taken in for repairs, sources told the Current. It’s unclear if that single car caused the fire or if each of the cars simultaneously caught fire.
The front of the white Ford Expedition and the one across from it looks to be considerably more damaged than the other cars.
“At approximately 5:22 am Airport shift staff observed an active fire in the rental car overflow area through the Airport’s Closed Circuit Television System,” the airport said in a statement. “Staff activated the Alert system and responded to the fire in Airport-3, where they were met by responding units from Nantucket Fire Department and Nantucket Police Department. Combined fire resources responded and contained the fire. Several vehicles were damaged. The Airport is currently coordinating with rental car agencies and agency partners to ensure scene safety. There is no longer an active fire at this time: the Airport is open, and aeronautical operations are not affected.”
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