Kyle Cheney Profile picture
Aug 23 14 tweets 5 min read
👀The May 10 letter between NARA and the Trump team is extraordinarily damning for Trump team, confirms there was "special access program" level material found in files at Mar-a-Lago.

Trump ally John Solomon's team posted it here:…
"The Executive Branch here is seeking access to records belonging to, and in the custody of, the Fed Govt “conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported."…
Trump allies pointed to this letter as some kind of evidence of Biden White House meddling. What it shows is officials expressing extreme alarm about national security damage based on records being held by Trump.…
The letter shows that even though NARA recovered 15 boxes from Mar-a-Lago in January, FBI didn't access them until May.

"Among the materials in the boxes are over 100 documents with classification markings, comprising more than 700 pages."…
The letter does more to show how Trump and his team resisted NARA entreaties than anything that has come out so far.

And this is all before subsequent tranches were discovered at Mar-a-Lago.…
NEW: The extraordinary letter shows how alarmed DOJ and NARA became about damage to national security caused by highly classified docs at Mar-a-Lago – and that was months before the Aug. 8 search recovered even more.…
DOJ and NARA officials discussed with Trump's team an urgent need to conducft a damage assessment about the handling of those docs, but Trump attempted to claim privilege over them, prompting a request from DOJ to Biden to authorize access to the materials…
According to this letter, Biden delegated the privilege decision to National Archivist Debra Wall, who said the case was "not a close one," since there was no way a former president's claim could override an incunbent administration's need for the review.…
Trump allies touted portions of this letter that were revealed by Solomon earlier in the evening, saying it showed Biden had been involved in the process. That's a requirement of any NARA matter involving privilege, and here Wall indicate he delegated.…
Seven hours later and I’m still mindblown that Trump allies were touting this letter as even a little bit exculpatory.…
Another important aspect of this letter: Trump has been on notice since at least May of the FBI’s efforts to access this material. So his motion to seek a special master following the execution of the search warrant is months — not just weeks — late.…
ONE MORE POINT: The language about consultation with the White House shows Biden was *more hands off* with the Mar-a-Lago docs than he was with the Jan. 6 records held by NARA. In both cases, archivist consulted with OLC, but in latter Biden delegated privilege decisions to NARA.
By my count, there are at least four other letters between Trump team and NARA/DOJ referenced here:

-April 12: Letter from NARA notifying Trump of FBI concerns
-April 29: Letter from Corcoran
-April 29: Letter from NSD
-May 1: Letter from Corcoran…
Just tuned in to Steve Bannon's show to check in on the FBI commentary and I'm sorry to say he and John Solomon have discovered my pipeline to Merrick and Chris.

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More from @kyledcheney

Aug 24
NEWS: Rep. Scott Perry is suing to block the Justice Department from accessing his phone, which FBI agents seized on Aug. 9.…
The lawsuit, filed on Aug. 18 but not publicly docketed until last night, failed talks between Perry and DOJ about an agreement to jointly review the phone for privileged materials. Now Perry is suing to relcaim his data and bar DOJ review.…
Read his full 16-page filing:…
Read 6 tweets
Aug 22
It appears Donald Trump has filed his lawsuit related to the search warrant. A case has appeared in Florida federal court under the heading: Trump v. United States Government.

No documents associated with it yet though.
MORE: Three Trumpa ttorneys have signed on: Lindsey Halligan, Evan Corcoran, James Trusty.
Read 6 tweets
Aug 22
JUST IN: Magistrate Judge Reinhart has filed a written order memorializing his decision to consider unsealing portions of the Mar-a-Lago affidavit.

He notes that no one from Trump's team intervenet. Also says he may ultimately agree w/ DOJ.…
REINHART says the public reporting about what was taken from Mar-a-Lago (i.e. nuclear or special access) has not been confirmed by DOJ. But even if true, he notes, the affidavit also reveals sources and methods that would be dangerous to disclose.…
" I was — and am — satisfied that the facts sworn by the affiant are reliable."…
Read 5 tweets
Aug 21
NEW: Donald Trump has always talked a big game about his legal strategy but pulled punches in the courtroom. That appears to be happening again as his team test drives post-raid PR strategies while remaining largely passive

w/ @joshgerstein @nicholaswu12…
On Friday, Trump promised a “major motion,” which his team later said would be a push for a “special master” to review potentially privileged materials. But why it took two weeks to arrive on that (still unfiled) strategy is head-scratching.…
It harkens to the John Eastman litigation, where Eastman spent months trying (and often failing) to prove he had a legitimate attorney-client relationship with Trump. Trump never intervened and the judge found he and Eastman likely criminally conspired.…
Read 5 tweets
Aug 20
Trump attorney Jim TRUSTY on Mark Levin show making case for a special master — unclear why it took two weeks for Trump team to reach this point.

Levin now wondering whether it's too late, given FBI has combed through this material.
Levin, for what it's worth, endorsed the strategy and said he thinks Trusty is doing a good job.

Trusty said Trump team wants to know what "pre-raid" converastion was and whether agents were given instructions not to review potentially privileged info.
Trusty primarily made the blanket case for a special master:

-There may be "large swaths" of privileged material in boxes taken by FBI
-Can't take DOJ/FBI's word that their filter team is screening properly
-Want to know whether "pre-raid" instructions to agents were adequate.
Read 4 tweets
Aug 19
DOJ seeking 46 months incarceration for 72-year-old Jan. 6 defendant Howard Richardson, who lied about the circumstances of his assault on a police officer even after he was presented with video of the incident.
DOJ noted Richardson's age but said he'd exhibited a pattern of troubling/dangerous behavior in recent years. In 2018 he had his concealed carry permit revoked after he drew his gun during an incident at a gas station.
In Oct. 2020, he lied about being unarmed during a traffic stop only to later tell the officer he had a loaded gun in his car.
Read 5 tweets

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