Category: Trump’s War With Truth

The Criminal Referrals

The Daily Escape:

Gateway Crossing Bridge, Houlton, ME – December 2022 photo by Christopher Mills Photography

The Jan. 6 Select Committee has completed its job. On Monday it approved a criminal referral for Trump, a former President, and a current Presidential candidate, on a series of charges that include insurrection and conspiring to defraud the US. Marcy Wheeler summarizes the findings of the Committee perfectly:

“Trump corruptly tried to prevent Congress to certify the electoral victory of Trump’s opponent. He did so by committing other crimes. He did so by mobilizing a violent mob. He did so using fraudulent documents. And most importantly, he did so for personal benefit.”

The Committee will publish their final report next week. They will turn over the unredacted interview material to the Department of Justice (DOJ) and its Special Counsel, Jack Smith. According to Punchbowl, the Committee has already begun cooperating with Smith, who apparently sent the Committee a letter on Dec. 5 requesting all of the panel’s materials from the 18-month probe.

Sadly, it seems that their report ignores the policing failures that occurred both before and on Jan. 6.  One of the objectives of the Select Committee was to make recommendations about how the US Capitol could avoid a similar attack in the future. But it doesn’t seem that subject has been properly addressed.

While Wrongo believes that the investigation into Jan. 6 was critical and that it may eventually result in the DOJ indicting Trump at some point, conspiracy is a very high bar to prove against a common thief, much less against a former president who is used to communicating like a mob boss.

As Dan Pfeiffer says:

“…we will all wake up and go about our business. Donald Trump will continue to be the frontrunner for the GOP nomination and a legitimate contender to be the next President of the United States. The vast majority of Republicans will continue to stand with Trump — and most will do so enthusiastically.”

Before issuing any indictment, DOJ  prosecutors must decide if there is a case to be made that includes sufficient evidence to convict the former President beyond a reasonable doubt.

And it could take the DOJ a year or more to get a grand jury to indict Trump. While the DOJ has had grand juries up and running and considering evidence about Jan. 6 for a very long time, building such a complex case may take long enough that by the time they’re ready to bring a case, it will be near the time of the GOP primaries.

The Mar-a-Lago secret documents case is an easier one to make. We know that an FBI search of the former President’s Mar-a-Lago home in Florida found more than 300 classified documents.

Trump’s removal of official government records from an office of the US is one possible charge. A second separately chargeable offense is theft of government records. Those two crimes carry maximum three-year and 10-year sentences respectively.

Then there’s the Espionage Act, which also carries a sentence of 10 years in prison. We know that before January 20, 2021, the Acting Archivist of the US asked for those records to be returned, and Trump’s White House Counsel Pat Cipollone agreed that Trump needed to return them before his term ended.

After Trump left DC with the documents, a grand jury subpoena demanded that all of them be returned to a courthouse located in Washington, DC.

These three crimes are relatively straightforward to prove. Garland and his team might decide that charging them alone suffices, without adding a fourth offense of obstructing a pending federal criminal investigation, into improperly taking and retaining the stolen documents.

Obstruction carries a 20-year maximum sentence — double the penalty for violating the Espionage Act. That shows how seriously that charge is considered under the law.

We know that Trump and his attorneys stonewalled the government for more than a year, refusing to return the 13 boxes of classified documents that the FBI’s August 8, 2022 search recovered. Most of this year has been an effort by Trump to delay the FBI and the DOJ from inventorying all of the classified documents that Trump took to Florida.

The DOJ has a strong case against Trump on the charges described above. They are easier to prove, and existing laws are very clear what the penalties are when it comes to the theft of classified documents. And there’s plenty of legal precedent for putting people who steal US government secrets in jail for a long time. If we want Trump taken off the battlefield before 2024, the theft of classified documents case is the best shot.

Let’s close with “Christmas Must Be Tonight“, a 1975 tune written by Robbie Robertson. It was released on the Band’s 1977 album “Islands”. This version is from that album. The tune appeared in the movie “Scrooged” in 1988. There is Rick Danko’s singing along with Robbie Robertson’s lyrics. It doesn’t get any better than this:

Chorus:

How a little baby boy bring the people so much joy
Son of a carpenter, Mary carried the light
This must be Christmas, must be tonight

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Trump’s “Terminate The Constitution” Rant

The Daily Escape:

Juniper and snow, near Colorado Springs, CO – December 2022 photo by John Susan Hoffman

(Good luck to Sen. Ralph Warnock in today’s Georgia run-off election for a full term in the US Senate)

In the past two weeks, Trump has pledged solidarity with the January 6 rioters, dined with Holocaust-denying fans of Adolf Hitler, and called for the termination of the Constitution. On his failing Truth Social clone of Twitter, he yelled:

 “…the termination of all rules, regulations, and articles, even those found in the Constitution” in order to “declare the RIGHTFUL WINNER” from 2020 or “have a NEW ELECTION”

As Mike Pence’s former chief of staff, Marc Short said on Meet the Press, Trump’s attack on the Constitution was consistent with:

“…what he asked the vice president to do two years ago, when rioters were attacking the Capitol and he asked the vice president to overturn the election results.”

Let’s underline this: The likely Republican nominee for president in 2024 called for the “termination of the Constitution”,  not to “suspend” the Constitution as several pundits have mistakenly said. And very few in the GOP bothered to call him out on it. As Dennis Aftergut said in the Bulwark:

“Trump writing that we should cancel the Constitution ranks right up alongside John Tyler’s support of the Confederacy as among the most shameful acts by a former president in our nation’s history.”

There’s a method to Trump’s madness. Let’s go back to what he said to Lesley Stahl prior to their “60 Minutes” interview in 2018. From CNBC: (emphasis by Wrongo)

“Stahl said she and her boss met with Trump at his office in Trump Tower in Manhattan…in advance of a recorded sit-down interview for ‘60 Minutes’. At one point, he started to attack the press, Stahl said. There were no cameras in there. I said, ‘You know, this is getting tired. Why are you doing it over and over?….And he said: ‘You know why I do it? I do it to discredit you all and demean you all so that when you write negative stories about me no one will believe you.’”

And to a degree that worked. Trump has now moved on to discrediting the Constitution and the judiciary. While some Trump-appointed judges have done a few helpful things for him, they can’t deliver what Trump needs most: Immunity from prosecution.

He needs to be reelected in order to do that for himself.

Since 2021, the DOJ, the Georgia courts, and the New York courts have been grinding away at the January 6 insurrection, the theft and retention of national security documents at Mar-a-Lago, and the NY tax case. All have become more worrying for Trump.

He’s lost more than once in the US Supreme Court, in the 11th Circuit, and in courts in Georgia and NY. Regardless of whether it’s rulings on motions related to executive privilege, challenges to warrants and subpoenas, or actual verdicts against the Oathkeepers for seditious conspiracy, the legal wagons appear to be circling in more closely around him.

Trump knows that. So he’s returning to what has worked for him before: Demonizing his enemies.

Instead of the media, this time he’s attempting to demonize our Constitutional order. If he’s successful at doing that before we see any indictments, verdicts, and sentences against his corporation, or himself, he thinks he can survive politically with his base. By going for the Constitution, he’s trying to discredit the judicial system so that the GOP won’t turn against him if/when he’s held accountable.

Targeting the Constitution has downsides – the authority of any judge Trump appears before flows from that Constitution, and unlike the media, judges are backed by the DOJ and the FBI.

Imagine if you’re the DOJ’s Special Counsel Jack Smith, and the biggest target of your career just openly called for the termination of the Constitution. You’re probably thinking that you have a decent shot at convicting Trump of trying  to overthrow the Constitution back on Jan. 6.

Some GOP lawmakers who were asked on the Sunday political shows about Trump’s rant said they disagreed. However, most wouldn’t say they’d oppose Trump if he becomes the GOP’s 2024 presidential nominee. They’re saying as little as possible because they believe a large percentage of the Republican base agrees with him.

Trump’s best (his only?) defense is retaking the presidency. That is why we shouldn’t minimize his call to “terminate the Constitution”.

We need to keep pressure on Republican politicians to either disown Trump or embrace him. We should be asking Republican Senators and House Representatives:

“Trump took an oath to support and defend the Constitution, then he said we should abolish it. You also took that same oath. Does your oath require you to defend it against him?”

Mention the oath. In every question.

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Sunday Cartoon Blogging – November 20, 2022

According to the LA Times, come January, more than 80% of Americans will live in states with governments entirely controlled by one of the two major Parties. That means when all the new legislators and governors are sworn in, 39 states will be controlled by the same Party, a seven-decade high.

That means Americans will have to live with greater differences in their schools, workplaces, and doctors’ offices as they move cross state lines. A citizen’s right to carry a gun, to get an abortion, to join a union and the rate a minimum-wage job pays, will now depend almost entirely on whether their state is Blue or Red.

Can’t let Sunday go by without talking about Jack Smith, appointed special counsel by Attorney General Merrick Garland to carry forward the Trump Jan. 6 and Mar-a-Lago investigations.

It does have advantages: It makes it simple for the DOJ to refuse Rep. Jim Jordan’s demands for information about the various Trump investigations. You can’t subpoena a special counsel during an investigation.

Second, It ensures the continuity of any prosecution after 2025, no matter who is elected. That’s important since it’s possible that neither the stolen documents nor the coup attempt investigations may be completed by then. And it isn’t the first time a special counsel was appointed when Congress changed hands. Remember that John Durham became a special counsel in December 2020 as Bill Barr was deciding to leave as Attorney General, and the Congress was about to change hands in January 2021. That shielded Durham from political interference in case Trump lost the election. Durham investigated potential criminal misconduct that might have occurred during the Trump-Russia probe without success. His investigation continues today. On to cartoons.

But what’s political?

Investigations are what the people want:

Will the GOP move on?

Elephant tries to let him down easy:

Who’s next?

McCarthy fills the Speaker’s shoes:

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Sunday Cartoon Blogging – October 2, 2022

Hurricane Ian should remind us of one thing: We’re all in this life together. It’s easy to let your partisan flag fly with “gotchas” since we’re talking about Florida.

We could be smug watching Republicans like Governor DeSantis, who happily stoked outrage about “government tyranny” over vaccines and masks, getting frustrated when his constituents fail to follow evacuation orders.

We could go for the schadenfreude when watching the up-by-your-bootstraps types in Florida line up for government assistance from FEMA. Or what was the best part? Watching DeSantis, whose entire MO is trolling Biden and the Democrats, happily accepting help from Dark Brandon and the federales.

JVL says it best:

“But here’s the thing: We’re not talking about debating points. We’re talking about human beings…. Who’ve had tragedy visited on them. And the only responses should be empathy, charity, and love.”

On to cartoons.

Uncle Sam does his job, regardless of politics:

Some say that stronger hurricanes aren’t an indication that the climate is changing:

Has DeSantis seen the light?

How to win elections:

The Former Guy gets inspiration for next time:

Putin now has fewer options:

Did hitting the asteroid give us any ideas?

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Preventing Stolen Elections

The Daily Escape:

Sunset, Heceta Beach, OR – September 2020 photo by Jack Arnold Photography

From the NYT:

“Activists driven by false theories about election fraud are working to toss out tens of thousands of voter registrations and ballots in battleground states, part of a loosely coordinated campaign that is sowing distrust and threatening further turmoil as election officials prepare for the November midterms.”

Government databases being what they are, voter rolls do contain errors, usually because voters have died or moved without updating their registrations. States typically rely on systematic processes as required by their laws to update or purge voter rolls.

Now, outside partisan Republican groups are attempting to use privately generated lists to “help” clean up the information. The Conservative Partnership Institute, (CPI) which has Mark Meadows as a senior partner, has distributed a playbook that instructs local groups on how to vet voter rolls.

CPI and other groups have challenged at least 65,000 voter registrations across eight counties in Georgia. In Michigan, another group challenged 22,000 ballots from people who had requested absentee ballots for the state’s August primary. And in Texas, residents sent affidavits challenging the eligibility of more than 6,000 voters in Harris County, the state’s largest county, which is home to Houston.

These are challenges by Republicans who are targeting Democratic cities and counties in battleground states. It takes time for local election officials to review each challenge, and in some cases, the challengers are angry and impatient.

What would bring most of this to a halt, is for cities and counties to impose a hefty filing fee that would be refundable in proportion to the number of valid challenges. Checking to see if a challenge is valid or not takes time and effort. States shouldn’t allow partisans to gum up the work of local election officials for free. If there’s no penalty for throwing spaghetti at a wall to see what sticks, everybody will toss some.

In a more positive note about protecting our democratic process, it appears a reform of the Electoral Count Act of 1887 will pass Congress later this year. Abuse of the vague language in that Act led Trump and his co-conspirators to try to overturn the 2020 presidential election on Jan. 6, 2021.

Since Jan. 6, we’ve seen an organized effort by Republicans in many states to fill key, lower profile election jobs with people who will only certify elections that Republicans win. To prevent that from happening again, both Houses have come up with legislation to reform the Act.

In a move that most likely guarantees passage of an electoral reform bill this year, Senate Minority Leader Mitch McConnell (R-KY) announced support for the Electoral Count Reform and Presidential Transition Improvement Act of 2022.

Eleven Senate Republicans have already announced they are co-sponsoring it, more than enough for it to avoid filibuster and pass. The Senate Rules Committee on Tuesday voted 14-1 to advance the bill, with Sen. Ted Cruz (R-Asshole) being the only committee member to object.

Last week, the House passed its version of Election Reform, with the support of nine Republicans. It’s similar, and both bills make it clear that the vice president’s role in counting Electoral votes at the joint session of Congress is purely ministerial.

That by itself would have saved a lot of bloodshed at the US Capitol on Jan. 6.

The Senate bill ensures that Electoral votes counted by Congress accurately reflect the results of each state’s popular vote for president, something the House bill also does. It also provides clearer guidelines for when eligible candidates for president and vice president can receive federal resources to support their transition to power, something that Trump vindictively stalled after the 2020 election.

It would also substantially increase the threshold for Congress to consider an objection to the Electoral votes of individual states, requiring that at least one-fifth (20%) of each Chamber sign on to such challenges. Currently, that requires just one Senator and one House member. From Sen. Amy Klobuchar, (D-MN):

“Right now, just two people out of 535 members can object and slow down and gum up the counting.”

So it sets a much higher bar.

This is good news for America. One, it helps ensure we continue to have peaceful transfers of power between presidential administrations. And two, we’re seeing bipartisanship around a key Constitutional issue.

It’s clear that these bills must be negotiated into a single bill that is approved before January when there’s a decent chance that Republicans will get control of the House.

Most pundits think it will come to a vote after the November mid-terms. Now we have to hope McConnell doesn’t change his mind.

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Sunday Cartoon Blogging – September 18, 2022

On Friday, the DOJ filed a motion in the 11th Federal Circuit Court for a partial stay of judge Cannon’s order appointing a special master to review the stolen documents that the FBI recovered at Mar-a-Lago (MAL). They are asking the federal appeals court to temporarily block Cannon’s ruling that prevents the DOJ from using thousands of pages of government documents seized from Trump at MAL.

It came after judge Cannon, for the second time in two weeks, issued a ruling in Trump’s favor that flabbergasted legal experts. From the WaPo:

“US District Judge Aileen M. Cannon on Thursday night rejected the Justice Department’s request to allow it to review the documents seized from Trump’s residence at Mar-a-Lago that were marked classified. Cannon previously ruled that a special master review all the seized documents, at least temporarily delaying the government’s criminal probe.”

The brief is here: Motion for Partial Stay Pending Appeal. The essence of the DOJ’s argument is summarized at page 6:

“Plaintiff has no claim for the return of those records, which belong to the Government and were seized in a court-authorized search. The records are not subject to any possible claim of personal attorney-client privilege. And neither the Plaintiff nor the court has cited any authority suggesting that a former President could successfully invoke executive privilege to prevent the Executive Branch from reviewing its own records.”

Let’s leave it to Robert Hubbell to point out the double standard at work in a recent Supreme Court decision: (brackets and emphasis by Wrongo)

“Here is a fun fact: “Executive privilege” is not mentioned in the Constitution. Instead, the Supreme Court ruled that executive privilege is “implied” in the Constitution because it is “inextricably rooted in the separation of powers under the Constitution.”

Another fun fact: The Constitution does not mention “separation of powers.” So, executive privilege is an implied right based on an implied principle [in the Constitution].

Compare the Court’s recognition of the implied right of a president to invoke executive privilege to the Court’s recent pronouncement in Dobbs regarding reproductive liberty: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.”

With its decision in Dobbs, the Supreme Court eliminated an implied right that offends its religious agenda.

But Cannon and most likely, the Supremes will likely protect Trump by implying a right based on the general structure of the Constitution. On to cartoons.

Judge Cannon bars the DOJ from Trump. We thought we’d hit bottom and then we heard knocking from below:

Trump envies Charles. There’s always Burger King:

Republican immigration plan:

Ukraine advances supported by Russian troops:

Putin maintains same strategy:

Right to choose has many meanings:

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While Wrongo Was Away

The Daily Escape:

Morning storm, Grays Beach, Cape Cod, MA – August 2022 photo by David J. Long

It’s good to be back. Did Wrongo miss anything besides the fraught decision by a Trump-appointed judge about the FBI’s search of Mar-a-Lago (MAL)? Or, the contrasting apocalyptic speeches by Biden and Trump?

First, with the end of summer in sight, a few words about what Wrongo did on his vacation. We attended a Judy Collins concert at Tanglewood, MA. At 83, her voice remains remarkable. She opened with “Both Sides Now” and although Joni Mitchell owns the song’s copyright, Judy Collins owns the song. Collins performed songs by many other artists and led the crowd in several folk-style sing alongs. It was a very worthwhile evening.

Let’s turn to the two big news items that occurred over the Labor Day break.

First, the competing views of America by President Biden and the former president. Last Thursday, Biden gave a speech identifying Trump and MAGA Republicans as a threat to democracy. Then on Saturday, Trump gave a speech in Pennsylvania that proved Biden’s point.

Trump reprised his “Pocahontas” attack on Elizabeth Warren. He claimed that the FBI planted evidence at MAL. He called for the death penalty for drug dealers, and a ban on electric vehicles. Trump took on the FBI and DOJ:

“The FBI and the Justice Department have become vicious monsters, controlled by radical left scoundrels, lawyers and the media, who tell them what to do.”

David Frum in The Atlantic:

“For the 2022 election cycle, smart Republicans had a clear and simple plan: Don’t let the election be about Trump. Make it about gas prices, or crime, or the border, or race, or sex education, or anything—anything but Trump….Republicans had good reason to dread the havoc he’d create if he joined the fight in 2022.”

Now, Biden’s attacks have pushed Trump over the edge — exactly where Democrats want him in the run-up to the midterms. More from Frum:

“Biden dangled the bait. Trump took it—and put his whole party on the hook with him. Republican leaders are left with little choice but to pretend to like it.”

Sounds hopeful to Wrongo.

Second, Monday brought the order by federal judge Aileen Cannon approving Trump’s request to appoint a special master to review the documents seized by the FBI from MAL. This stops at least temporarily, federal prosecutors from using those documents in their investigation into obstruction and mishandling of government secrets by Trump.

From a political viewpoint, while her incorrect reading of the facts and the law may slow the investigation, the DOJ was never going to indict Trump before the midterms. They’re saying they are still at the early stages of the investigation.

The judge’s decision is wrong, because stolen defense secrets aren’t privileged; they are the evidence that Trump committed a crime.

It seems clear that the DOJ hasn’t decided whether to appeal her decision to the 11th Circuit, or to play out the special master fight. Of course, it could start by complying with the order and then appeal once the judge has: a) selected a special master, and b) provided instructions on the scope and duration of effort by the special master.

The DOJ’s delay may be caused by the fact that after an appeal to the 11th Circuit, any further appeal is first heard by a single Supreme Court Justice before it goes on to an expanded Supreme Court hearing. In this case, that initial hearing would be before Justice Clarence Thomas, who would likely side with Trump.

Like in Biden’s attack on democracy strategy, Trump’s theft of government secrets will remain a front page story throughout the mid-terms, and regardless of what happens afterwards, all the way to the 2024 presidential election.

The end game politically is to persuade the few persuadables on the Right, along with the majority of Independents to agree with Biden: That we’re in a “war” about the future of our democracy. The threat from one side of our political spectrum is grave. And it’s Biden’s obligation to do whatever he can to pull people away from the brink. On Friday, Biden said to Peter Doocy on FOX:

“I don’t consider Trump supporters a threat to the country. I do think anyone who calls for the use of violence, refuses to acknowledge an election….changing the way you count votes, that is a threat to democracy.”

That clarifies a message that could reach a few Republicans. They and most Independents should then vote with the Dems in November. The Dems now need to carry that message to its logical conclusion.

These can be good developments for Democrats. Before the Dobbs decision and the raid on MAL, Republicans had convinced Americans that the greatest threat to democracy was high gasoline prices.

Now Dems should be going for a win.

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New DOJ Filing In Trump Case

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.

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Sunday Cartoon Blogging – August 28, 2022

A thought experiment about Trump’s collection of classified documents. Forget for a minute that we’re talking about Trump.

What does the US government (USG) do if it finds out a former employee took home dozens of boxes of sensitive/classified government information without authority? And then the USG finds out that the documents the former employee had taken included information on some of its foreign operations. And that the employee kept them in an unlocked closet for eighteen months?

The USG would assume that every one of those operations had been compromised, because it’s totally wrong to assume otherwise. So, the USG would move to close the affected operations down. It would pull its people and invent a cover story that the other side might buy as plausible. It would attempt to insulate its foreign operatives.

The agencies involved (CIA, DIA, AID, State Department, FBI) would lose some credibility for a blown operation, along with the budget for those operations. It would need to find the money to wind up and cover them up. They would have to lay the groundwork for replacement operations along with new budgets. That would take time. They would have to repair the damage to their networks: The foreign governments and recruited private actors, all because some shit for brains former USG employee stole classified records.

How do we estimate the costs Trump has imposed on this country, just from the activities implicated in his set of stolen secret documents? And what was his purpose? On to cartoons.

He can’t just take his sharpie and write DECLASSIFIED on it:

What the forgiveness means in real life:

Opinions differ about the value of the bailout:

How is it possible to get everything wrong?

Midterm voters now cite “threats to democracy” as their top issue:

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The Mid-Terms Landscape

The Daily Escape:

Sunrise, Grand Teton NP, MT – June 2022 photo by Charyn

On Monday, Robert Hubbell had a very useful column about how some of the anti-Trump narratives are already baked into the politics of the mid-terms (barring some huge unforeseen event): (emphasis by Wrongo)

“…it is likely that the political throughlines are set for the midterms. That is both good and bad for America and Democrats. The topics for debate have been identified and the rules of engagement have been set….Let the media do its job, which, in this instance, will consist of talking about the same half-dozen stories non-stop.”

Hubbell outlines that the narratives that will dominate the news from now until November 8 are unlikely to produce political earthquakes:

“It is unlikely that the DOJ will indict anyone in Trump’s inner circle (including Trump) before the midterms. For example, in a filing last week, the DOJ said its investigation regarding the improper removal and retention of defense secrets was in the “early stages.” Nearly every Trump administration witness appearing before a federal grand jury was examined by the J6 Committee six to eight months ago. And the only grand jury subpoenas published in the press indicate that the investigations were opened in 2022 and that the subpoenas were issued in June.”

Wrongo agrees. This is also true for the Georgia grand jury investigation into Trump’s efforts to overturn Biden’s 2020 win in Georgia. Few realize the grand jury that Fulton County District Attorney Fani Willis is presenting evidence to cannot indict anyone. According to the Georgia Recorder: (emphasis and brackets by Wrongo)

“In contrast to a typical grand jury, the 23 members on the special grand jury do not have the power to indict anyone but can [only] make recommendations to Fulton County District Attorney Fani Willis.”

So, when DA Willis has sufficient evidence to indict, she must then impanel a new grand jury, present evidence, and ask for an indictment. Not likely to happen before November.

While the FBI search of Mar-a-Lago (MAL) has Trump on every front page, the DOJ says its investigation regarding the Mar-a-Lago search is in the “early stages.” The way America’s legal back and forth works, it is doubtful that we will see any facts contained in the affidavit the FBI used to justify the application for the search warrant before November.

Trump made a court filing requesting a Special Master (instead of the DOJ) review the documents removed from MAL. However Trump’s new request is decided, it’s likely to be appealed to the Eleventh Circuit, if not the Supreme Court, which will take time. That means we can expect Trump and the GOP to continue undermining the DOJ and FBI right through the mid-terms.

And there will be few new facts to indict Trump in the court of public opinion.

It’s likely we will see a steady drip of information about the recovered documents, just like Tuesday’s NYT article saying that, including the FBI seizure, Trump took more than 300 classified documents when he left office. That seems to say it couldn’t have been an oversight.

Finally, the January 6th Committee returns to work in September, but as of today, there are no hearings scheduled. Mike Pence will never testify. Since he still has presidential ambitions, testifying would put him on the wrong side of Trump supporters, making a run in 2024 problematic.

While the January 6th hearings have moved the needle on US public opinion, it’s difficult to what they will add to what we know in the time remaining for this 117th Congress.

Of course, running against Trump is the Dem’s dream, but there are other issues out there, like abortion. In the new NBC News poll, abortion rights was only the seventh most important issue:

But it’s only one poll, and voter enthusiasm and turnout win races. The Morning Consult has the Democrats’ enthusiasm at 62%, up dramatically from 52% on July 31. That’s comparable to the GOP’s 65%.

Dan Pfeiffer believes the political environment has shifted in Democrats’ favor because of the abortion issue:

“Democratic efforts to turn this midterm from a progress report on Democratic governance into a referendum on GOP extremism failed to connect until the Dobbs decision. That was when Republican extremism went from an abstract argument to lived reality.”

Dems need to remind voters that unemployment is at record lows, that its Democrats who fight for economic progress, and to preserve women’s right to an abortion. Democrats can’t keep people from worrying about inflation, but they can influence whether it is the top issue to voters. They can keep the heat on Republicans for their extremist views on abortion and on Trump’s extremism and his role in the Jan. 6 insurrection.

The hope is that these realities overtake concern about inflation as the main issue for a big swath of Independent voters.

That could be the difference.

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