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."
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."
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."
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
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's self-incriminating admissions on Truth Social
Several of them.👇
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.
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).
National Archives, Department of Justice Chief of Counterintelligence, and Congress repeatedly place Trump on notice of illegality in retaining the documents.
A former president of the United States was held to be in Criminal Contempt for "willful disobedience of a court's lawful mandate" by attacking witnesses and jurors in a criminal proceeding.
Court's finding based on beyond a reasonable doubt.
1/
2/ Justice Merchan's well-reasoned, balanced opinion has two additional important notes.
First, he not only warns the Defendant, Mr. Trump, about jail time for future violations. He explains this may be required because fines ($1k per violation) won't be effective in this case.
3/ As part of his balanced opinion, Justice Merchan appears to call out Michael Cohen (and perhaps Stormy Daniels).
The judge explains their use of the gag order to publicly go after Trump while he cannot respond may result in judge excluding them from the order's protections⬇️
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.
It'd be a travesty for Justices to delay matters further.
Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.⬇️
2/ Justice Barrett rounds this out with her final question:
She gets USG attorney to say there's enough of these private acts to move forward, and Trump's conduct involving pressuring DOJ, Pence etc would be used just for evidentiary value not criminally liable for those acts.⬇️
3/ Here are the three bullets in USG brief that Justice Barrett gets Trump attorney to concede are private acts that enjoy no immunity whatsoever.⤵️
And note text before the bullets, which Justice Barrett goes over with USG attorney solidifying DOJ can prosecute on this basis.
2/ As this Timeline shows, Pecker's testimony should be strong proof of core allegation that the hush money scheme was geared toward influencing the outcome of the presidential election.
To make these statements or have these statements made from within the courthouse would be to amplify the "contempt" of and for the court.
3/ New York law also gives special powers to a judge in enforcing their orders (e.g., gag order) if the violation occurs in the "immediate view and presence of the court."
I don't think these alleged violations do so, but the fact that they might come close is significant.
At start of #TrumpTrial, Trump's violations of recent #GagOrder are likely to come up with key question being what sanctions Justice Merchan may threaten or impose.
Great discussion here ⬇️ between @ErinBurnett, District Attorney @Mimirocah1 and @OMGrisham
DA Rocah: "Trump coming out and calling them liars is about as stark a violation as you can get."
2/
On left:
#GagOrder provision prohibiting former President Trump making public statements about witnesses in Manhattan criminal case.
On right:
Trump public statements about witnesses in violation of the gag order (plus one about judge's daughter)
3/ And .... here we go (as anticipated):
Manhattan District Attorney prosecutors asking judge to move toward holding Trump in contempt of court for violations of #GagOrder.