More indicators this is about crimes like #Espionage Act:
NYT:
“Two people briefed on the classified documents that investigators believe remained at [MAL] indicated that they were so sensitive in nature, and related to national security, that the Justice Department had to act.”
2. “The F.B.I. left behind a two-page manifest of what was taken…The inventory .. does reference an array of sensitive material …. For example, it alludes to miscellaneous confidential documents as well some labeled ‘top secret.’”
3. For more context on the significance of Jay Bratt, Chief of DOJ’s Counterintelligence and Export Control Section signing the government’s motion before court.👇
From former Chief of the Foreign Agents Registration Act (FARA) Unit @BVanGrack👇
5. WaPo back in Feb 2022 reported that some of the documents taken from MAL back then were “records at the very highest levels of classification, including some that can be viewed by only a small number of government officials.”
6. And again in June at MAL “Trump’s attorneys showed the investigators documents – some of them had markings indicating they were classified. The agents were given custody of the documents that were marked top secret or higher.”
Jan 2022: DOJ removes from MAL highly classified Top Secret docs
But Trump keeps more.
June 2022: DOJ returns and finds more highly classified Top Secret docs
But Trump keeps more.
Aug 2022: DOJ under court order removes more Top Secret docs
8/8. Finally for a must read, top expert analysis of how the Espionage Act fits the currently known information, read this by @AshaRangappa_@NormEisen@BradMossEsq
On Monday, "investigators were also looking for material labelled 'Special Access,' which is only available to a limited number of individuals with the highest level of security clearance."
On Monday, "FBI agents ... removed 11 sets of classified documents, including some marked as top secret and meant to be only available in special government facilities."
Court opinion finding prosecutors provided ample evidence Manafort-Gates acted "in violation of federal criminal laws, by submitting two letters THROUGH THEIR FORMER COUNSEL, the Witness, containing false and misleading information to the U.S. Department of Justice"
3. Prosecutors able to put lawyer on stand as a witness and ask questions such as:
"Who were the sources for each of the specific factual representations alleged to be false or misleading in the submissions...made by the Witness on behalf of her clients" to the Dept of Justice?
I spoke with @politico’s greats — @kyledcheney@joshgerstein@woodruffbets — about sure loser if Trump tries to assert attorney-client or executive privilege to block WH lawyers telling grand jury what they know.
“One potential downside for Trump if he does put up a privilege fight over the grand jury demands is a repeat of what happened in the Eastman case, with a judge or multiple judges publicly declaring that he probably broke criminal law.”
Agreed.
3. Great quote by former White House Counsel Neil Eggleston:
“There is no way that any court would say they didn’t have to testify to conversations with President Trump in a grand jury investigation — a criminal investigation arising out of that conduct.”
Trump White House Counsel Pat Cipollone has no legal leg to stand on.
With news reporting Pat Cipollone is considering invoking executive privilege before grand jury.
PSA: DC Court of Appeals rejected such claims of (incumbent!) Deputy White House Counsel before a grand jury.👇
2. The same goes for Greg Jacob, Pence chief counsel.
DC Court of Appeals - in re Lindsey 1998 - made points that are directly relevant to these Trump White House lawyers.
Most important: A GOVERNMENT lawyer has special duty to expose evidence of potential criminal wrongdoing.
3. What's more, DC Court of Appeals noted the weakness in trying to asserting such privilege WITHIN the executive branch (in contrast to asserting it against Congress).
Case involved DOJ seeking information from WH lawyer before grand jury.
Dec. 26, 2020: Meadows and Rep. Perry used Signal, an encrypted messaging platform, when discussing elevating Clark to the position of acting attorney general.
Jan.5, 2021: A member of Congress texted Meadows, “Please check your signal.”
3. Nothing to see here.
The Chief White House photographer was told “no photographs” of Trump between 1:21pm and 4:00pm despite her wanting to do so because she thought it was “very important for his archives and for history.”
"Milley and Pompeo confided in one another that they had a persistent worry Trump would try to use the military in an attempt to hold onto power if he lost the election"
AZ fake elector organizer to Trump Campaign adviser:
“We would just be sending in ‘fake’ electoral votes to Pence so that ‘someone’ in Congress can make an objection when they start counting votes, and start arguing that the ‘fake’ votes should be counted”
AZ fake electors propose “keep it under wraps until Congress counts the vote Jan. 6th (so we can try to ‘surprise’ the Dems and media with it)."
Not how alternate electors ever work. Their intent is to gum up/obstruct the process
3. Consciousness of guilt:
"The emails were apparently not shared with lawyers in the White House Counsel’s Office, who advised that the 'fake electors' plan was not legally sound, or other lawyers on the campaign."