Ryan Goodman Profile picture
Aug 11 14 tweets 9 min read
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.’”

via @maggieNYT et al

nytimes.com/2022/08/11/us/…
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👇
4. Also from David Laufman (@DavidLaufmanLaw), who led the Justice Department’s Counterintelligence section until 2018.👇
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.”

@JaxAlemany @thamburger
washingtonpost.com/politics/2022/…
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.”

@evanperez @GabbyOrr_
cnn.com/2022/08/11/pol…
7. It’s an astounding timeline:

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

justsecurity.org/82619/expert-e…
Addendum-1

#Espionage Act criminal liability just got a whole lot more likely.

“Classified documents relating to nuclear weapons were among the items FBI agents sought in a search” of MAL on Monday.

@DevlinBarrett @jdawsey1 @PerryStein @shaneharris

washingtonpost.com/national-secur…
This new Washington Post report also has this:

“A person familiar with the inventory of 15 boxes taken from Mar-a-Lago in January indicated that signals intelligence material was included in them.”

washingtonpost.com/national-secur…
Addendum-2

ABC News @jonkarl reports:

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."

Addendum-3 Wall Street Journal report:

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."

via @learyreports @aviswanatha @sgurman

wsj.com/articles/fbi-r…
These are the nation's most carefully guarded secrets!

From the Wall Street Journal.
Not simply what FBI was looking for.
But what they found.

"One set of documents marked as 'Various classified/TS/SCI documents.'"

Top-secret/sensitive compartmented information.

Plus ...
Plus

"Four sets of top secret documents,
three sets of secret documents, and
three sets of confidential documents."

Looks like Trump's defense lawyers are going to be in a real bind, as is their client.

wsj.com/articles/fbi-r…

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More from @rgoodlaw

Aug 13
Prosecutors could indict Trump — under 18 USC 1001/1519 — if he intentionally gave his lawyer false info to pass to DOJ.

Smart prosecutors can put lawyer on stand and ask narrow questions.

Don’t take my word for it. Just ask Paul Manafort’s chief prosecutor @AWeissmann_.

1/4
2. Precedent

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" Image
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? Image
Read 5 tweets
Aug 4
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.

Plus how such a strategy could backfire.

politico.com/news/2022/08/0…
2. Politico:

“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.”

“It’s a no-brainer.”
Read 4 tweets
Aug 3
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.
Read 6 tweets
Jul 29
Nothing to see here. <thread>

"Meadows burned papers after meeting with Scott Perry, Jan. 6 panel told"

report by @woodruffbets and @kyledcheney from May 2022

(Putting the US Secret Service and DHS deleted communications in broader context)

politico.com/news/2022/05/2…
2. Nothing to see here.

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.”

businessinsider.com/trump-official…
Read 10 tweets
Jul 28
With ABC News and CNN reporting #January6Committee is engaging with Mike Pompeo.

Pompeo could shed light on his concerns that Trump appointed loyalists at DoD after Nov 3, 2020 and that Trump would use military to hold onto power.

Search for "Pompeo"👇

justsecurity.org/79623/crisis-o…
2. In Crisis of Command, @justinhendrix and I wrote:

"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"

via @CarolLeonnig @PhilipRucker
penguinrandomhouse.com/books/673354/i…
3. Nov. 9, Pompeo came to see Milley in the evening.

From @realBobWoodward @costareports' Peril:

Pompeo said, "[Trump's] in a very dark place right now.'"
"Pompeo said [the situation] was turning in a direction that was perilous for the republic."

simonandschuster.com/books/Peril/Bo…
Read 5 tweets
Jul 26
A gift to prosecutors

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”
2. This email also evidence for the prosecution.

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."
Read 4 tweets

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