I don't have access to McCarthy's full piece, so can't comment on it directly, but I did read the full DoJ filing on my way into the office today. A couple of reactions:
1. Trump was not "bulldozed". He had plenty of time to petition for a special master (could have done so the day the warrant was executed), but chose to wait weeks to do so. Should the DoJ have waited and waited and waited to see what Trump would do before starting the difficult work of determining which intelligence sources might be compromised due to Trump's idiocy? (In the filing, the DoJ mentions that a number of top secret documents were tagged with HCS status, which is reserved for documents that may reveal a human source.)
2. In requesting a special master, the DoJ points to the rules of federal procedure that comment that a special master IS NOT appropriate in these cases, and the cases that Team Trump cite are related to law firms being raided, not resorts or private residences.
3. On the issue of personal property, it's probably worth reminding people that it wasn't Joe Biden or the DoJ who were so haphazard in their document practices that any private property alleged to have been seized was mixed in with the documents that TRUMP DOES NOT OWN.
This is one of those cases where the filing is readily available[1], easily readable, and not a long read. You should take a look at it yourself before launching into wide-ranging proclamations that "the government’s position is that Trump is a clear and present danger to national security, a mastermind who is plotting seditious and treasonous acts against the United States; and also that he’s a bumbling fool, who, despite being a billionaire, left the evidence in desk drawers in his office". The story you'll read in the filing is that the gov't made MULTIPLE attempts to retrieve those sensitive documents for almost two years, and Team Trump either outright lied when they stated that there were no more documents at Mar-a-Lago, and delayed and made excuses when that was readily disproven. Given the pattern of non-cooperation that the DoJ details in the filing, it's amazing that they were as patient as they were when it came to securing and recovering these documents. No grand conspiracy here - just Team Trump caught screwing up (again) and working harder to hide the f-up than just getting it resolved properly in the first place.
Andrew McCarthy’s latest post says the DOJ is likely to indict Trump on obstruction and causing false statements to be made to the FBI.
I think they should do it without delay if they have the evidence. Trump’s move will be to flex violence. If DOJ does this, they must clean house and remove any whiff of partisan politics. Biden must stand strong and be prepared to call out the National Guard to maintain order. This must not be political.
As Reagan once said, if it takes a bloodbath, let’s get it over with.
Either way, I’m tired of posturing and political pussyfooting. The GOP bent to Trump from the first candidate debate and now he thinks he’s invincible, protected by his MAGA thugs. Well when the Bradley Fighting Vehicle comes rumbling down the street let’s see who’s the law and order president.
For folks wishing to read the McCarthy piece, I was able to get it from archive.is[1].
Steve, I'm curious about an issue that McCarthy almost raises, which is to what extent a former President can exert an "executive privilege" claim against the current President, who is acting through his Executive agencies (the DoJ in this case). (Thus not creating a Separation of Powers issue, had Congress sent someone to grab the papers instead.)
Any thoughts on that? The DoJ filing leaned heavily on the position that Trump enjoys NO protection on that front, leaving the attorney-client privilege issue as his sole remaining defense.
I find you’re missing the big view,,,,,protecting our nation’s security. The man has a checkered past, to what extent can be argued. He should not have top security or national security documents period. His disdain for the rule of law is legendary. What would you have the government do that they did not try? No one trusts the government or trump! Yet we must abide by rules and the law.
Are you for , or against tRump, Mr. Berman? "Democrats are more toxic" and have politically biased FBI agents protecting Hunter? You ignore that the Mar-a-Lago subpoena was drawn up by a Florida FBI office, not the DC office you accuse of coddling Hunter. Also you ignore that FBI Director Wray is a tRump appointee, not Biden [as is Judge Cannon]. Also the AG at the time of the investigation of Hunter was Bill Barr, another tRump appointee and acolyte [at least until Barr wouldn't validate the "stolen election " crap - hence the ketchup incident in WH dinning room].... Who's toxic ????
If anything the DOJ has provided Trump great leeway in returning these documents because he is the FPOTUS. Anybody else would have seen far more immediate action taken against them.
I'd also argue that Trump is capable of conspiring to commit crimes: he's just really really bad at it.
Sep 1, 2022·edited Sep 1, 2022Liked by Chris J. Karr
An excellent point by Asha Rangappa:
"The fact that Trump never formally declassified anything, and also never raised it to DOJ, but is asserting it (unofficially) now, is actually an incredibly damning admission by Trump. That's because it means that *he wanted these secrets to still have value*"
If Trump intended to both hold on to these documents and retain their value, then is it safe to call it a conspiracy?
I don't have access to McCarthy's full piece, so can't comment on it directly, but I did read the full DoJ filing on my way into the office today. A couple of reactions:
1. Trump was not "bulldozed". He had plenty of time to petition for a special master (could have done so the day the warrant was executed), but chose to wait weeks to do so. Should the DoJ have waited and waited and waited to see what Trump would do before starting the difficult work of determining which intelligence sources might be compromised due to Trump's idiocy? (In the filing, the DoJ mentions that a number of top secret documents were tagged with HCS status, which is reserved for documents that may reveal a human source.)
2. In requesting a special master, the DoJ points to the rules of federal procedure that comment that a special master IS NOT appropriate in these cases, and the cases that Team Trump cite are related to law firms being raided, not resorts or private residences.
3. On the issue of personal property, it's probably worth reminding people that it wasn't Joe Biden or the DoJ who were so haphazard in their document practices that any private property alleged to have been seized was mixed in with the documents that TRUMP DOES NOT OWN.
This is one of those cases where the filing is readily available[1], easily readable, and not a long read. You should take a look at it yourself before launching into wide-ranging proclamations that "the government’s position is that Trump is a clear and present danger to national security, a mastermind who is plotting seditious and treasonous acts against the United States; and also that he’s a bumbling fool, who, despite being a billionaire, left the evidence in desk drawers in his office". The story you'll read in the filing is that the gov't made MULTIPLE attempts to retrieve those sensitive documents for almost two years, and Team Trump either outright lied when they stated that there were no more documents at Mar-a-Lago, and delayed and made excuses when that was readily disproven. Given the pattern of non-cooperation that the DoJ details in the filing, it's amazing that they were as patient as they were when it came to securing and recovering these documents. No grand conspiracy here - just Team Trump caught screwing up (again) and working harder to hide the f-up than just getting it resolved properly in the first place.
[1] https://www.foxnews.com/politics/doj-filing-trump-raid-special-master-request-read-document
Two comments:
1. I think Trump’s special master lawsuit might have been treated more favorably if it had been filed in a timely manner.
2, Thinault’s dismissal seems to suggest that the FBI is not tolerant of agents who let political biases affect their work.
Andrew McCarthy’s latest post says the DOJ is likely to indict Trump on obstruction and causing false statements to be made to the FBI.
I think they should do it without delay if they have the evidence. Trump’s move will be to flex violence. If DOJ does this, they must clean house and remove any whiff of partisan politics. Biden must stand strong and be prepared to call out the National Guard to maintain order. This must not be political.
As Reagan once said, if it takes a bloodbath, let’s get it over with.
Either way, I’m tired of posturing and political pussyfooting. The GOP bent to Trump from the first candidate debate and now he thinks he’s invincible, protected by his MAGA thugs. Well when the Bradley Fighting Vehicle comes rumbling down the street let’s see who’s the law and order president.
Trump may not have the wherewithal to come up with this conspiracy but I argue there are many people around him who do. Ultimately he is responsible.
For folks wishing to read the McCarthy piece, I was able to get it from archive.is[1].
Steve, I'm curious about an issue that McCarthy almost raises, which is to what extent a former President can exert an "executive privilege" claim against the current President, who is acting through his Executive agencies (the DoJ in this case). (Thus not creating a Separation of Powers issue, had Congress sent someone to grab the papers instead.)
Any thoughts on that? The DoJ filing leaned heavily on the position that Trump enjoys NO protection on that front, leaving the attorney-client privilege issue as his sole remaining defense.
[1] https://archive.ph/yId9G
I find you’re missing the big view,,,,,protecting our nation’s security. The man has a checkered past, to what extent can be argued. He should not have top security or national security documents period. His disdain for the rule of law is legendary. What would you have the government do that they did not try? No one trusts the government or trump! Yet we must abide by rules and the law.
Are you for , or against tRump, Mr. Berman? "Democrats are more toxic" and have politically biased FBI agents protecting Hunter? You ignore that the Mar-a-Lago subpoena was drawn up by a Florida FBI office, not the DC office you accuse of coddling Hunter. Also you ignore that FBI Director Wray is a tRump appointee, not Biden [as is Judge Cannon]. Also the AG at the time of the investigation of Hunter was Bill Barr, another tRump appointee and acolyte [at least until Barr wouldn't validate the "stolen election " crap - hence the ketchup incident in WH dinning room].... Who's toxic ????
If anything the DOJ has provided Trump great leeway in returning these documents because he is the FPOTUS. Anybody else would have seen far more immediate action taken against them.
I'd also argue that Trump is capable of conspiring to commit crimes: he's just really really bad at it.
An excellent point by Asha Rangappa:
"The fact that Trump never formally declassified anything, and also never raised it to DOJ, but is asserting it (unofficially) now, is actually an incredibly damning admission by Trump. That's because it means that *he wanted these secrets to still have value*"
If Trump intended to both hold on to these documents and retain their value, then is it safe to call it a conspiracy?
https://twitter.com/AshaRangappa_/status/1565045927366344704?s=20&t=HPIkehUdH1TJkhWIBkLrPA