THREAD. Because the FBI search concerned classified docs, this is a national security investigation. That can help explain why DOJ was willing to move on this, and to do so regardless of what may be going on with the 1/6 investigation
2. First, assuming that this involves mishandling or unauthorized removal of classified information, their presence at Mar-a-Lago is ipso-facto evidence — in other words, the substance of the documents are not what the FBI is interested in; it’s whether they are there, period
3. Also, on this point, I have to wonder whether the FBI has a source in MAL, to confirm the presence and location of docs. Staff? Secret Service? I can’t imagine them taking a chance to search a former president’s home and coming up empty handed (😬)
4. More importantly, having unsecured classified documents at MAL presents an ongoing national security threat — especially given the amount of traffic going through there. No doubt foreign governments are sending intel agents there, see, e.g. nytimes.com/2019/11/25/us/…
5. We don’t know what the docs are about, but to the extent that they can compromise sources or methods then getting into the wrong hands is a big problem (and perhaps the Biden admin sees evidence that they have). So getting them out and inventorying is urgent
6. The point is that this is an urgent, ongoing nat se threat and counterintelligence threat that DOJ can’t ignore. It’s really no different than the ostensible security risk presented by Butter Emails; it’s just that hers were digital and here they are paper
7. And it’s worth remembering that in HRC’s case, DOJ did not prosecute bc they found that while she may have been negligent or even reckless, her mishandling was not intentional. All I can say is that classified docs don’t go from the WH to Mar-a-Lago without someone wanting it
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THREAD. Will Trump be charged with a crime, following the search at Mar-a-Lago? Ehhhh...if you look at it through a national security lens, maybe not. A quick explainer to manage expectations:
2. I learned something new from @petestrzok today: That typically, the government does not use subpoenas to recover classified info from those not authorized to receive it. I'll let him explain why, but it has implications for potential criminal charges moving forward
3. As I've mentioned repeatedly today, unauthorized possession or storage of classified documents are, by definition, a threat to national security. And the government must neutralize that threat. If a subpoena is not an option, then the government has a dilemma
Given how early it seems in the DOJ’s investigation of the Eastman/fake elector scheme as it pertains to Trump, my guess is that this is about the WH removal of classified documents, which I suspect is a separate investigation and one that likely has been going on for a while
Remember that a search warrant has to demonstrate probable cause that evidence of a crime will be found in the places and things searched. If the crime is mishandling classified docs, the evidence are THE DOCS THEMSELVES (and them being at Mar-a-Lago) 2/
If it is about the conspiracy to obstruct, etc. I would think they'd be taking his devices (or searching his toilet) to get the substance of communications. That seems like a much more intrusive step and one that would likely come a bit later, but that's just my initial take /END
@BradMossEsq@MuellerSheWrote@maddow I don’t think this is exactly true. Applied to the Russia investigation: The FBI counterintelligence division opened investigations into Trump associates who had contacts with Russian intelligence (“contact cases” — which is SOP). If the AG wanted to quash these 1/
@BradMossEsq@MuellerSheWrote@maddow S/he would have to take affirmative steps to *close* an investigation that was already opened otherwise had proper predication, and justify and sign his/her name to it. This creates *more* accountability (and a paper trail for potential obstruction) 2/
@BradMossEsq@MuellerSheWrote@maddow By making the required approval rest all the way with the AG, the opening itself could be quashed. This gives the AG *more* power (in cases where s/he is more likely to have a self interest) and *less* accountability. That was the whole point, wrt Barr 3/
I learned from @jenmercieca the 5 criteria the Greeks used to determine whether someone was a Truth Teller (parrhessiastes). Evaluate Hutchinson against them:
REFRESHER 🧵: Jeffrey Clark, who appears to have just had a search warrant executed on him, was trying to get DOJ to rubber stamp Eastman’s fake elector coup plot by falsely giving it DOJ cover. To wit:
2. Clark drafted a letter that would be sent to the state legislatures in Trump’s “disputed” states (see link), falsely claiming that DOJ had found voting irregularities there and instructing them to convene special legislative sessions documentcloud.org/documents/2108…
3. The letter further instructed the state legislatures that it was “in the normal interest” and constitutionally permissible to evaluate these “voting irregularities” and come up with a secondary slate of electors (for Trump)…which dovetails with Eastman’s plot wrt VP Pence