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ANALYSIS

‘A BFD’: Legal Experts Say Judge Ordering Ex-President’s Attorney to Testify Means ‘Trump Probably Committed Crimes’

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A federal judge Friday afternoon ordered an attorney for Donald Trump to testify in the U.S. Dept. of Justice’s special counsel’s investigation into the ex-president’s unlawful retention and refusal to return hundreds of documents with classified and top secret markings along with thousands of other items removed from the White House and sent to Mar-a-Lago.

Classifying the judge’s ruling as “monumental,” CNN reports U.S. District Judge Beryl Howell ordered top Trump defense attorney Evan Corcoran to provide additional testimony, and “said in an order under seal that Justice Department prosecutors have met the threshold for the crime-fraud exception for Corcoran.”

Just one day ago ABC News reported the special counsel, Jack Smith, had been pushing for Judge Howell to order Corcoran to testify about a call between Trump and Corcoran.

“The alleged call would have been on the same day that investigators subpoenaed the Trump Organization for surveillance footage from Trump’s Mar-a-Lago resort as the government grew suspicious that Trump continued to hold onto classified materials even after one of his attorneys asserted in a sworn statement that he had complied with a subpoena requesting any remaining documents in his possession.”

READ MORE: Local, State, Federal Law Enforcement Preparing for Possible Trump Indictment ‘As Early as Next Week’: Report

The crime-fraud exception is the critical marker, one that legal experts have jumped on in commenting about Judge Howell’s order.

Laurence Tribe, the noted Harvard law professor (retired) who literally wrote the book on the U.S. Constitution, enthusiastically weighed in.

“In finding that Evan Corcoran’s communications with Trump about the Mar-a-Lago documents fell within the crime/fraud exception, the District Court has held that Trump probably committed crimes with respect to those top secret documents,” Tribe explained.

“That’s a BFD!” he exclaimed.

Former federal prosecutor Renato Mariotti observed, “This is a remarkable ruling.”

“Judge Howell concluded that communications with Trump’s attorney are subject to the crime-fraud exception. Prosecutors must have significant evidence,” he said. “Judges are typically reluctant to pierce attorney-client privilege.”

Mondaire Jones, the former Democratic U.S. Congressman, an attorney, and a CNN political commentator wrote, “I don’t think people understand how rare it is to pierce the attorney-client privilege using the crime-fraud exception. This is serious stuff.”

Ryan Goodman, NYU and (former) Harvard professor of law, agrees with CNN’s “monumental” classification.

He explains, “Corcoran likely has direct evidence relevant to both core crimes under investigation: Willful retention of the documents [and] Obstruction,” he tweeted. “He apparently prepared false certification for DOJ. He led DOJ to storage room but refused access to boxes.”

READ MORE: International Criminal Court Issues War Crimes Arrest Warrant for Putin as Trump, DeSantis Accused of ‘Support’ for Russian President

Goodman goes on, pointing to a September 2022 New York Times article mentioning former Trump attorney Eric Herschmann:

“Worth recalling this report in which Eric Herschmann, pushing back against Corcoran in an email, quoted words from federal witness tampering statute.”

“Very serious,” concludes attorney and CBS News legal analyst Rikki Klieman.

Watch CNN’s report below and see tweets above or at this link.

 

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ANALYSIS

From Iowa to Georgia the Red Wall Is Cracking — and Trump Is the Wrecking Ball

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President Donald Trump’s historic unpopularity is taking a toll on Republican candidates, with once-solidly-red states showing deepening blue cracks as his Iran war, gas and food prices, inflation, and overall economic uncertainty take hold of voters.

The signs have been there: the massive “No Kings” protests, the breaks by once-devout MAGA allies, Fox News acknowledging that Trump is “underwater” with voters, the mass exodus of Republicans from Congress, historically low consumer sentiment, and, of course, the polls.

Trump’s approval rating has been characterized as lower than any modern-day president’s at this point in their term.

According to The Economist, Trump’s approval rating is at 37 percent, and his disapproval rating is at 56 percent.  That’s a net negative of 19 points.

It’s worse in the red state of Georgia, where Trump is 23 points underwater.

According to the Atlanta Journal-Constitution’s Greg Bluestein, 56 percent of voters in the Peach State disapprove of Trump’s handling of rising gas prices. 57 percent say the money spent on his Iran war is contributing to higher prices and uncertainty. And 53 percent disapprove of his handling of the Iran war.

READ MORE: ‘He Reported to Me in Detail’: Netanyahu’s Boast on Vance Fuels Blowback

The Cook Political Report’s Jessica Taylor reports that they have just moved the Georgia Senate race from Toss Up to Lean Democratic.

“Some of this is outside of GOP candidates’ control,” Taylor writes, “and Trump is hurting them so much right now on Iran/gas prices when voters uniformly say their top worry is the economy.”

She also reports that Cook Political has moved three other Senate races toward the Democrats: North Carolina (Toss Up to Lean Democratic), Ohio (Lean Republican to Toss Up), and Nebraska (Solid Republican to Lean Republican).

“Right now, we see the likeliest outcome is a 1 to 3 seat Democratic pickup – just short of 4 they need” to take control of the Senate majority, Taylor writes.

Democrats have high hopes in other states as well, including Alaska, where Trump is 12 points underwater;  Maine, where he is 25 points underwater; and Texas, where he is 19 points underwater.

And Iowa, where Trump is underwater by 14 points, according to The Economist.

“Iowa looks to be seriously in play for Democrats in November up and down the ballot, according to a new survey from a Democratic group that backs moderate candidates,” Politico reports.

Democrat Rob Sand is leading Republican Randy Feenstra in the Iowa governor’s race — by eight points, while Republicans hold “slim leads” in the Senate race.

The Republicans’ Senate Leadership Fund is expected to pour millions into Iowa, “making it one of five GOP-held states where they’ve made a major investment as they fight to keep the majority.”

Former Obama official Tommy Vietor notes that “Iowa really does look competitive this year. It’s a combination of Trump fatigue, economy/inflation, and tariffs crushing farmers. Dem pickup opportunities include: Governor, US Senate, three House races (dream big and its all four), and its WAY cheaper than other states.”

READ MORE: White House Fires Back After President’s Doctor Is Asked to Test Trump’s Mental Fitness

 

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ANALYSIS

Fox News Makes Stunning Break From Trump

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Fox News has published a striking assessment of President Donald Trump’s political standing ahead of the midterms.

In a Friday article about the president’s firing of Attorney General Pam Bondi, the conservative outlet reported that other Cabinet officials could also be on the “chopping block” — and offered a blunt assessment: Trump is “saddled with underwater approval ratings and an unpopular war ahead of this year’s crucial midterm elections, when Republicans are working to hold onto their slim House and Senate majorities.”

Last month, Fox News acknowledged that the Republican Party is “underwater” with voters, while reporting that Democrats had sunk to a “new low.” Fox News rarely applies the term “underwater” to Republicans, a search of the outlet’s website revealed.

On Wednesday, Fox News reported that “polls indicate” the war in Iran is “unpopular with many Americans, and a surge in gas prices as a direct result of the fighting have triggered a further slide in Trump’s standing in public opinion surveys.”

READ MORE: ‘Darker Clouds’: Experts Warn the Unemployment Drop Is a Warning Sign

That report noted at the top that “Trump stands at 41% approval and 59% disapproval in the most recent Fox News national poll.”

“The political implications are clear,” the report added. “The strikes on Iran and the erosion of the president’s approval ratings are warning signs for the GOP as Republicans ramp up to defend their slim House and Senate majorities in this autumn’s midterm elections.”

It also added that “Trump’s base remains extremely supportive of the president and the war,” and that “much of the slippage” is coming from “non-MAGA Republicans.”

Friday’s blunt Fox News language comes one day after Mediaite’s Colby Hall wrote an opinion piece about the Fox News channel, titled: “Fox News Viewers Have No Clue Trump’s Approval Rating Has Cratered.”

“President Donald Trump is currently enduring the most significant and sustained approval rating decline of his presidency, and the most-watched news network in America is virtually ignoring it,” Hall wrote.

READ MORE: ‘Come Personally to His Aid’: Group Warns Trump Could Install Two Loyalists on SCOTUS

Image via Reuters

 

 

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ANALYSIS

House Republicans Quietly Slip Anti-LGBTQ ‘Religious Freedom’ Clause Into Funding Bill

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House Republicans have inserted anti-LGBTQ language into a $66 billion must-pass funding bill for the U.S. Department of Homeland Security, effectively granting civil immunity under federal law to individuals and organizations that discriminate against same-sex couples—by citing a religious or moral belief that marriage should be limited to one man and one woman. It also bans the federal government from taking a range of actions against those who hold and act on anti-same-sex marriage beliefs.

Section 544 bans the use of federal funds to take any “discriminatory action” against someone who cites their “sincerely held religious belief” or “moral  conviction” that marriage is only “a union of one man and one woman.”

A portion of the provision exactly matches language U.S. Rep. Chip Roy (R-TX) urged the House Appropriations Committee to include in 2023 legislation. Rep. Roy cited praise from anti-LGBTQ hate group leader Tony Perkins and other anti-LGBTQ activists in his press release urging inclusion of the amendment in a 2023 bill. It is not known who drafted or approved the current 2025 provision.

READ MORE: ‘Absolutely Incredible’: Dr. Oz Slammed for Telling Medicaid Users to ‘Prove You Matter’

Journalist Jamie Dupree, who writes Regular Order at Substack, first reported on the provision in the DHS funding bill.

The language could prohibit the government from withholding federal funds from a federally-funded religious school that fired a teacher who supports same-sex marriage. It could block the IRS from revoking the tax-exempt status of organizations that promote the belief that marriage is only between one man and one woman. It could ban the federal government from taking action against a hospital that receives federal funds if it refused certain services in some cases.

While the language is not found in The Heritage Foundation’s Project 2025, some of the core principles in Section 544 echo its recommendations.

Project 2025 calls on the federal government to “Protect faith-based grant recipients from religious liberty violations and maintain a biblically based, social science–reinforced definition of marriage and family,” and “Provide robust protections for religious employers,” while it denounces “the bullying LGBTQ+ agenda.”

READ MORE: ‘He. Is. Lying.’: GOP Senator Ripped for Spinning Medicaid Cuts as ‘Transitioning’

 

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