The Wrongologist

The Daily Escape:

Joshua Tree NP, CA – August 2022 photo by Bart Aldrich

(The Wrongologist is taking the next few days off to bask in the last days of summer. Unless something major requires his return to the internet, Wrongo will publish again starting on September 6. Enjoy your Labor Day break!)

 

“He that cannot obey cannot command”  ̶  Benjamin Franklin

Perhaps you have been following the Mar-a-Lago (MAL) saga in which the FBI under an approved search warrant, removed government-owned secret and top secret documents from MAL. That search occurred after two prior attempts (Jan. 17 and June 3) by the US government to get Trump to return documents in his possession. Unsurprisingly, Trump was less than fully cooperative, and after the second attempt, said all documents had been turned over when they hadn’t.

The search has led to a war of words by Trump and Republicans against the FBI and the DOJ. It has also led to a legal back and forth between Trump and the DOJ. Most recently US District Judge Aileen M. Cannon has said she may appoint a special master to review the seized documents. That would be a win for Trump. She gave the DOJ until last Tuesday to explain why she shouldn’t do that.

The DOJ replied in a filing that included a photo of secret and top secret SCI documents found in Trump’s office. It shows files labeled “Top Secret” with bright red or yellow cover sheets, spread out over a carpet. The files were found inside a container in Trump’s office, and apparently, the FBI spread them on the floor to capture the extent of the secret material. The DOJ filing calls this a “redacted FBI photograph of certain documents and classified cover sheets recovered from a container in the ’45 office’”:

Close examination of one of the cover sheets in the photo shows a marking for “HCS,” a government acronym for systems used to protect intelligence gathered from secret human sources. Also, imagine thinking that carpet looks appropriate for an office.

Taking a picture that includes the easy to identify carpet lets the FBI show where they found the documents.

Regarding obstruction, the DOJ’s filing also revealed the text of a written assurance given to the DOJ by attorney Christina Bobb, Trump’s “custodian of records” on June 3. It says that Trump’s team had done a thorough search for any classified material in response to a subpoena and had already turned over any relevant documents.

That’s clearly untrue. According to the WaPo, the filing says: (emphasis by Wrongo)

“When agents conducted their court-ordered search on Aug. 8, they found material so sensitive that even the FBI counterintelligence personnel and DOJ attorneys conducting the review required additional clearances before they were permitted to review certain documents…”

The filing also says that the DOJ believes that documents at MAL had been likely moved and hidden. The search there on Aug. 8 found twice as many classified documents as Trump’s lawyers had already turned over voluntarily, despite promising they had returned everything.

One detail in the DOJ filing is that the search team found that some of the secret documents were co-mingled with Trump’s passports. That’s evidence of Trump’s active role in keeping/hiding them.

It gets worse. Scott Stedman explains what we’re looking at.

“The image is actually quite telling. The secret/top secret documents found in Trump’s office have a ‘TK’ classification which stands for TALENT KEYHOLE aka secret intelligence from spy satellites and planes.”

This means that Trump had super-secret spy technology and intelligence from human sources in his office desk at MAL.

As Wrongo has said, the government’s intelligence services have to assume that many of its sources are blown, even if they’re not. That makes Trump’s obstruction of holding on to documents he wasn’t entitled to, a National Security disaster. It isn’t an exaggeration to say that covert intelligence assets of the US won’t trust the CIA for many years.

Trump was the US Commander-in-Chief. He had access to the nuclear football. He took classified materials that were necessary to the job of president from the White House and stored them in his office closet and the desk drawer at his resort.

Wrongo is publishing this prior to learning the outcome of the hearing with Judge Cannon on Thursday. It’s unclear how she will rule on the Trump request for a special master, but the DOJ filing contains sufficient information for them to appeal if they receive a negative decision.

Trump has had more “this-time-he’s-gone-too-far” moments in the last six years than can be counted. So far, he’s escaped. It could well be that his future is as messy as that pile of documents found at MAL by the FBI. His belief that he is above the law is about to be tested.

But don’t get your hopes up, and yes, pass the popcorn.