Ryan Goodman Profile picture
Sep 29, 2022 12 tweets 8 min read Read on X
We compiled every DOJ doc, Trump legal brief, DJT social media post and news report for this.

Tracker: Evidence of Trump's Knowledge, Involvement in Retaining #MarALago Docs

The bulleted list of key findings is alone strong evidence for a prosecution.👇
justsecurity.org/83034/tracker-… Image
2. Exhibit one

Trump staff tell FBI "Trump was a pack rat who had been personally overseeing his collection of White House records since even before leaving Washington and had been reluctant to return anything."

via @jdawsey1 @CarolLeonnig @JaxAlemany @PostRoz Image
3. Exhibit two

Former Trump WH lawyer Herschmann warned Trump late 2021 he "could face legal liability if he did not return government materials he had taken with him when he left office"..."particularly any classified material."

Trump's response: "noncommittal"

via @maggieNYT Image
4. Exhibit three

"Trump went through the boxes himself in late 2021"

via @maggieNYT @jodikantor @adamgoldmanNYT Ben Protess Image
5. Exhibit four

In returning some documents to National Archives in January 2022, "Trump had overseen the packing process himself with great secrecy, declining to show some items even to top aides."

via @washingtonpost and @PostRoz Image
6. Exhibit five

"'It’s not theirs; it’s mine,’ several advisers say Mr. Trump told them.”

via @maggieNYT

"He reacted with a familiar mix of obstinance and outrage, causing some in his orbit to fear he was essentially daring the FBI to come after him."

via @jdawsey1 et al ImageImage
7. Exhibit six

Trump's attorney told DOJ "Trump had authorized him" to allow DOJ to see storage room (after DOJ asked) "but they were explicitly prohibited from opening any of the approximately fifty to fifty-five boxes that they observed."

via DOJ filing Image
8. Exhibit seven

Trump's cooperating with Archives, FBI broke down after Tom Fitton began advising he was wrong to return documents in January and should not give up any additional records.

Trump asked Fitton to brief his attorneys.

via @GabbyOrr_ @KristenhCNN @evanperez Image
9. Exhibit eight

Trump's self-incriminating admissions on Truth Social

Several of them.👇 Image
10. Exhibit nine

"What we are talking about here, in the main, are Presidential records in the hands of the 45th President."

via Trump attorney Christopher Kise*

*Yes, those are the words of Trump's own lawyer before a federal court. Image
11. Exhibit ten

Enormous quantity, explosive content (e.g., intel on foreign country's military nuclear program), location of documents with classified markings (including intermingled with personal belongings).

Here's a comprehensive accounting.👇
justsecurity.org/83034/tracker-… Image
12. Exhibit eleven

National Archives, Department of Justice Chief of Counterintelligence, and Congress repeatedly place Trump on notice of illegality in retaining the documents.

Repeatedly.

<end>
justsecurity.org/83034/tracker-…

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More from @rgoodlaw

Oct 19
It’s important to understand why DOJ indictment of John Bolton seems very different than Letitia James and Jim Comey indictments.

1. Biden administration opened the criminal investigation of John Bolton in 2022. It's been detailed investigative work ever since.

CNN⤵️

🧵 Image
2. Yes, the Biden DOJ did not indict Bolton. But they also did not close the investigation.

Plus CNN reports: “Unlike prosecutions brought against Comey and James, the Bolton case has maintained the support of career prosecutors and investigators.” Image
3. The Bolton Indictment is signed by career prosecutors (unlike James and Comey indictments). Image
Read 6 tweets
Oct 6
What was the real message at Quantico?

Janine Davidson (former Undersecretary of Navy and former Chair of Defense Policy Board) discusses:

The domestic paradigm shift in President Trump's addressing Active Duty military leaders with National Guard Adjunct Generals excluded.
🧵 Image
2/3 source:

Trump’s Outline of a Domestic War - The real message from Quantico
justsecurity.org/121940/trumps-…
3/3 audio version via Just Security's Out Loud series

buzzsprout.com/2509956/episod…
Read 4 tweets
Oct 6
Judge Immergut in Oregon v Trump now:

"I grant plaintiffs second motion for a TRO."

Federalized Texas and California Guard to Portland is a "DIRECT CONTRAVENTION" of court's TRO from Saturday.

Both on 12406 statute and Tenth Amendment grounds.
2/ Your reminder that Judge Immergut was appointed to the bench by President Trump.
3/ The new Temporary Restraining Order bars the deployment by the Trump administration of any federalized National Guard -- eg California or Texas National Guard -- in Portland.
Read 4 tweets
Oct 2
“This is not stretching the envelope,” Geoffrey Corn said. “This is shredding it."

On Administration's confidential note to Congress

Completely right

Drug cartels not = "armed conflict"
People killed are civilians

Corn is retired JAG, Army's former law-of-war senior adviser Image
2/ source:

Trump ‘Determined’ the U.S. Is Now in a War With Drug Cartels, Congress Is Told

A notice calls the people the U.S. military recently killed on suspicion of drug smuggling “unlawful combatants.”

By @charlie_savage @EricSchmittNYT
nytimes.com/2025/10/02/us/…
@charlie_savage @EricSchmittNYT 3/ "The administration has also stressed that about 100,000 Americans annually die from overdoses.

However, the focus of the ..attacks has been boats from Venezuela. The surge of overdose deaths...has been driven by fentanyl that drug trafficking experts say comes from Mexico" Image
Read 4 tweets
Sep 25
Comey's testimony in 2020

On left:

In hearing, Senator Cruz erroneously claimed McCabe had said Comey "directly authorized" leak to press. Comey denied that.

On right:

McCabe did not say Comey authorized the leak (source: Inspector General Report, on which Cruz relies) Image
Image
2/ Grassley's question to Comey in 2017 focused on authorization.

(In 2020, Comey testified that he stands by his 2017 testimony.)

So, Comey should be able to stand on that as being truthful and consistent with McCabe's account.

Grassley: "have you ever authorized..."⤵️ Image
3/ Also note the discrepancy in Cruz's letter to DOJ making criminal referral.

On left:

At hearing, Cruz asked Comey whether he was aware AND authorized the leak

On right:

Cruz letter to DOJ falsely frames it as Comey testifying he NEITHER was aware NOR authorized the leak. Image
Image
Read 4 tweets
Sep 15
With terrific team, I just published large study looking at all court cases involving the Trump administration.

Shows basis for courts no longer giving a so-called "presumption of regularity" (a legal doctrine involving a strong benefit of the doubt) to the administration.
🧵 Image
2/ source

The “Presumption of Regularity” in Trump Administration Litigation
justsecurity.org/120547/presump…
3/ We document over 15 cases in which judges have explicitly found the administration violated a court order.

Below are some of the very-strong statements by judges.
justsecurity.org/120547/presump…Image
Read 5 tweets

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