"Trump and his supporters have spent the day complaining bitterly about yesterday’s search of Mar-a-Lago by the FBI, painting it an illegal “witch hunt” and threatening to launch a “revolution” over it. A search warrant requires a judge to sign off on the idea that there is probable cause to believe a crime has been committed and that a search will provide evidence of that crime. While the FBI cannot release the search warrant, Trump has a copy of it and could release it if he wanted to.
"Legal analyst Andrew Weissmann, who spent 20 years at the Department of Justice, pointed out on Twitter that the law requires the FBI to give Trump an inventory of what they found. If indeed he wants to claim the search was a witch hunt and he had no government property in his home, he should release the search inventory."
The search warrant pertained to possible violations surrounding classified information and the Presidential Records Act, a Trump lawyer confirmed. The warrant was signed by Florida magistrate Judge Bruce Reinhart.
Trump Could Be Charged with Violating Espionage Act [Click] In addition to the Presidential Records Act. But if I understand it properly, the Espionage Act has had so many holes poked in it that it today resembles a Swiss Cheese.
The U.S. legal system is basically materialistic. Although in a trial verbal testimony carries much weight, documentary evidence tends to carry the day. Poor Donald seems to have a visceral understanding of that, which is why he keeps trying to hide documents. He did seem to learn from the Zelinski conversation that his words on the phone were being written down. What I am waiting for is the revelation of whose phone he used on January 6. People who received calls from the dining room will have records of who called. Doubtless the CIA was monitoring but do not want to give their role away. The role of the spooks is preventive; to be effective, their operations have to be secret.
F.B.I. Search of Trump’s Home Pushes Long Conflict Into Public View [Click] which makes it pretty clear that the primary focus of the search dealt with violations of the Presidential Records Act. One interesting item is that such search warrants are commonly (as in this case) approved by federal magistrate judges because they are appointed by judges, not political appointees.
If democracy thrives, it will be because of FOIA. This legislation probably passed because Congress critters who like to talk, but not to read, expected, if they even thought about it, that nobody would be interested in all the files bureaucrats like to collect. Then, when that assumption turned out to be wrong and electronic record keeping came along, it was hoped that, like phone calls, electronic records could be ignored. It was not until the FBI sued the DoD over the tapes of enhanced interrogations (torture) which had gone missing that the SCOTUS ruled electronic records are just like paper. Much of the DoD total information project went down the tubes. Do you remember the hype over how all military vehicles were going to be equipped with cameras and recording equipment so leaders could issue real-time directions and after-action reports would not need to be written? Well, that blew up when Chelsey Manning shared one video showing a helicopter crew killing a guy with a camera on the ground. After that the transmission of electronic images was banned. Presumably , the electronic records of torture in Iraq that the survivors have referenced to validate their claims against the U.S. still exist, but Obama embargoed their release.
Oddly, I have used the FOIA.Maybe 40 years ago I was doing a magazine article on saccharine and found that the governt report on its [small] cancer risk had not been published. Had to pay to fee to have it copied and get it.
Donald Trump signed a bill into law in January 2018 “that included a provision increasing the punishment for knowingly removing classified materials with the intent to retain them at an ‘unauthorized location,'” the HuffPost reports.
“Previously, someone found guilty of this crime could face up to one year in prison… Now, a person convicted of violating this law can face up to five years in prison ― making it a felony-level offense to mishandle classified documents under 18 U.S.C. 1924.”
Five years per item (sheet of paper, for instance) might prove rather onerous. I remain hopeful that they might find evidence of collusion with a foreign power.
via politicalwire.com: “Consumer prices were unchanged in July, as plunging prices for gasoline dragged the Consumer Price Index down to zero,” Axios reports.
“Core inflation, which excludes energy and food, rose only 0.3%, below what analysts expected.”
VT Senate Majority Leader, Becca Balint (D), is expected to win in November to be Vermont's next House member in Congress. She will be the first woman elected to Congress from Vermont, and the first from the LGBTQIA community.
It is rather interesting that Govenor, Representative, and each Senator must stand for election from the entire state. That should give Vermont a relatively large pool of people for the highest offices. At the other extreme, moving from US Representative to the County Bord of Supervisors is a step UP in the Los Angeles area.
interesting about the LA County Board. The Cook County Bioard has 17 members, elected from districts smaller than a congressional district. And it is definitely a step up from County Board President to Mayor of Chicago. (Toni Preckwinkle lost her bid three years ago.)
It seems that when a respondent (“defendant”) in a civil trial declines to answer questions by invoking the 5th Amendment, in some states an adverse inference can be drawn by the decider(s) of fact, in other states an adverse inference can be drawn when there is independent evidence of the fact to which he refuses to answer, and in yet other states no inference can be drawn. The question seems extraordinarily complicated in New York.
Heather Cox Richardson:
ReplyDelete"Trump and his supporters have spent the day complaining bitterly about yesterday’s search of Mar-a-Lago by the FBI, painting it an illegal “witch hunt” and threatening to launch a “revolution” over it. A search warrant requires a judge to sign off on the idea that there is probable cause to believe a crime has been committed and that a search will provide evidence of that crime. While the FBI cannot release the search warrant, Trump has a copy of it and could release it if he wanted to.
"Legal analyst Andrew Weissmann, who spent 20 years at the Department of Justice, pointed out on Twitter that the law requires the FBI to give Trump an inventory of what they found. If indeed he wants to claim the search was a witch hunt and he had no government property in his home, he should release the search inventory."
Politico: Federal agents took about a dozen boxes from Mar-a-Lago [Click] That’s in addition to fifteen boxes taken in January.
ReplyDeleteThe search warrant pertained to possible violations surrounding classified information and the Presidential Records Act, a Trump lawyer confirmed. The warrant was signed by Florida magistrate Judge Bruce Reinhart.
Trump Could Be Charged with Violating Espionage Act [Click] In addition to the Presidential Records Act. But if I understand it properly, the Espionage Act has had so many holes poked in it that it today resembles a Swiss Cheese.
The U.S. legal system is basically materialistic. Although in a trial verbal testimony carries much weight, documentary evidence tends to carry the day.
DeletePoor Donald seems to have a visceral understanding of that, which is why he keeps trying to hide documents. He did seem to learn from the Zelinski conversation that his words on the phone were being written down.
What I am waiting for is the revelation of whose phone he used on January 6. People who received calls from the dining room will have records of who called. Doubtless the CIA was monitoring but do not want to give their role away. The role of the spooks is preventive; to be effective, their operations have to be secret.
Federal Court of Appeals Allows House Ways and Means Committee To Get Donald Trump's Tax Records [Click]
ReplyDeleteFBI subpoenaed and obtained Mar-a-Lago surveillance tapes. [Click] This is just one item from a fairly detailed NYT article:
ReplyDeleteF.B.I. Search of Trump’s Home Pushes Long Conflict Into Public View [Click] which makes it pretty clear that the primary focus of the search dealt with violations of the Presidential Records Act. One interesting item is that such search warrants are commonly (as in this case) approved by federal magistrate judges because they are appointed by judges, not political appointees.
Taegan Goddard: Perspective and Calm in the Storm [Click] Sounds about right to me. Just let it play out.
ReplyDeleteTrump Refuses To Answer NY AG’s Questions, Invokes 5th Amendment [Click]
ReplyDeleteTrump Refuses To Answer NY AG’s Questions, Invokes 5th Amendment [Click] To quote Trump himself (as memory serves me), “Why would you do that? The Mafia pleads the Fifth.>”
ReplyDeleteEven better... you may plead the Fifth, and that can't be taken as suspicion of guilt in a criminal trial. However, in a civil trial it can.
DeleteHow Two DC Watchdog Groups Blew Open The Trump Administration’s Deleted Texts Scandal [Click]
ReplyDeleteIf democracy thrives, it will be because of FOIA. This legislation probably passed because Congress critters who like to talk, but not to read, expected, if they even thought about it, that nobody would be interested in all the files bureaucrats like to collect.
DeleteThen, when that assumption turned out to be wrong and electronic record keeping came along, it was hoped that, like phone calls, electronic records could be ignored. It was not until the FBI sued the DoD over the tapes of enhanced interrogations (torture) which had gone missing that the SCOTUS ruled electronic records are just like paper. Much of the DoD total information project went down the tubes.
Do you remember the hype over how all military vehicles were going to be equipped with cameras and recording equipment so leaders could issue real-time directions and after-action reports would not need to be written? Well, that blew up when Chelsey Manning shared one video showing a helicopter crew killing a guy with a camera on the ground. After that the transmission of electronic images was banned.
Presumably , the electronic records of torture in Iraq that the survivors have referenced to validate their claims against the U.S. still exist, but Obama embargoed their release.
Oddly, I have used the FOIA.Maybe 40 years ago I was doing a magazine article on saccharine and found that the governt report on its [small] cancer risk had not been published. Had to pay to fee to have it copied and get it.
DeleteNew hope for children at risk of New Zealand’s most iniquitous disease [Click] Rheumatic fever—oh, my. That was the ultimate cause of my father’s death, but he was infected with strep before the advent of antibiotics.
ReplyDeleteStrange Newly Discovered Phenomenon After Black Holes Destroy Stars, No Explanation Yet [Click]
ReplyDeleteVia politicalwire.com:
ReplyDeleteDonald Trump signed a bill into law in January 2018 “that included a provision increasing the punishment for knowingly removing classified materials with the intent to retain them at an ‘unauthorized location,'” the HuffPost reports.
“Previously, someone found guilty of this crime could face up to one year in prison… Now, a person convicted of violating this law can face up to five years in prison ― making it a felony-level offense to mishandle classified documents under 18 U.S.C. 1924.”
Poetic Justice! And it seems to me it ought to be five years per box!
DeleteFive years per item (sheet of paper, for instance) might prove rather onerous. I remain hopeful that they might find evidence of collusion with a foreign power.
Deletevia politicalwire.com:
ReplyDelete“Consumer prices were unchanged in July, as plunging prices for gasoline dragged the Consumer Price Index down to zero,” Axios reports.
“Core inflation, which excludes energy and food, rose only 0.3%, below what analysts expected.”
Far-Right Extremists Are Threatening Violence Against Trump Search-Warrant Judge [Click]
ReplyDeleteHeard tonight that we had a 27% turnout for the Primary, state-wide, and that's about 10% higher than usual...!!
ReplyDeleteWhat happened with Governor?
DeleteVT Senate Majority Leader, Becca Balint (D), is expected to win in November to be Vermont's next House member in Congress. She will be the first woman elected to Congress from Vermont, and the first from the LGBTQIA community.
ReplyDeleteIt is rather interesting that Govenor, Representative, and each Senator must stand for election from the entire state. That should give Vermont a relatively large pool of people for the highest offices. At the other extreme, moving from US Representative to the County Bord of Supervisors is a step UP in the Los Angeles area.
Deleteinteresting about the LA County Board. The Cook County Bioard has 17 members, elected from districts smaller than a congressional district. And it is definitely a step up from County Board President to Mayor of Chicago. (Toni Preckwinkle lost her bid three years ago.)
DeleteThis comment has been removed by the author.
ReplyDeleteIt seems that when a respondent (“defendant”) in a civil trial declines to answer questions by invoking the 5th Amendment, in some states an adverse inference can be drawn by the decider(s) of fact, in other states an adverse inference can be drawn when there is independent evidence of the fact to which he refuses to answer, and in yet other states no inference can be drawn. The question seems extraordinarily complicated in New York.
ReplyDeleteI found the following article on politico.com, which is (to me) clear as mud:
What Trump's pleading the Fifth means for New York AG Tish James /a> [Click]
I find the article clear enough. You can't draw any inference about the facts specific to this case. (Maybe he has something else to hide?)
Delete