DOJ case for obstruction against Trump (18 USC 1519) just got a lot stronger.
"Trump asked one of his lawyers to tell [Archives] in early 2022 that Trump had returned all materials, but the lawyer declined because he was not sure the statement was true." washingtonpost.com/national-secur…
2. "Other Trump advisers also encouraged [Alex] Cannon [the lawyer] not to make such a definitive statement."
3. Trump also "asked his team to release a statement he had dictated."
It would have said he returned "everything" the Archives requested.
The "statement was dictated by Trump but never released ... over concerns by some of his team that it was not accurate."
4. It gets worse
Feb 2022: Archives General Counsel "had been asking the Trump team to attest that all relevant documents had been returned."
A refusal to attest (after return of docs in January) is further evidence of intentionally and knowingly withholding documents.
5. What did Trump do when his lawyer, who had worked for Trump for 7 years, refused to tell the Archives a false statement?
"Soured his relationship with Trump"
The lawyer "was soon cut out of the documents-related discussions."
6. Looks like all these members were under no illusions that documents had been 'declassified.'
Lawyer would not look at docs, because did not have security clearance.
Advised others not to do so because of personal risk of looking at classified materials.
7/8. Finally, the Post is correct that "if Trump continued to pressure aides to make false statements even after learning the Justice Department was involved in retrieving the documents, authorities could see those efforts as an attempt to obstruct their investigation."
But ...
8/8. The other part of 18 USC 1519 does not depend on an existing investigation.
It refers to "impede, obstruct, or influence the ... proper administration of any matter within the jurisdiction of any department or agency of the United States" (eg National Archives).
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NYT nugget one: lawyer warned Trump of criminal peril for failure to returns docs
3. Trump’s own lawyer Alex “Cannon had warned Mr. Trump in the fall of 2021 that officials at the archives were serious about getting their material back, and that the matter could result in a criminal referral.”
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."
🚨”I really do suspect it’ll still be up in the air. When that happens, the key thing to do is to claim victory. Possession is nine tenths of the law. 'No, we won.'"
- Roger Stone, Nov. 1 2020 (footage obtained by J6 Committee)
VERY closely matches what Bannon said Oct 31 2020
2. Bannon, Oct 31, 2020:
“Trump’s going to take advantage” of red mirage
Trump will tweet, "You lose. I’m the winner"
“He’s gonna declare victory” even if not winner
Plans to hold power if Biden wins by saying Biden “stole it”
Key — and I mean, key — to Espionage Act offense that Justice Department cited in Mar-a-Lago search warrant is if Trump “willfully” retained national defense information.
2. In late 2021, former Trump White House lawyer and former prosecutor Eric Herschmann “sought to impress upon Mr. Trump the seriousness of the issue and the potential for investigations and legal exposure if he did not return the documents, particularly any classified material.”
3. Herschmann directly warned Trump that he “could face legal liability if he did not return government materials he had taken with him when he left office.”
“Mr. Trump thanked Mr. Herschmann for the discussion but was noncommittal about his plans for returning the documents.”
Judge Cannon's order "hamstrings" the "criminal investigation [that] is itself essential to the government’s effort to identify and mitigate potential national-security risks."
How so? Several ways. ...
3. Cannon's order "restricts the FBI from using the seized records in its criminal-investigative tools to assess WHICH IF ANY RECORDS WERE IN FACT DISCLOSED, TO WHOM, and in WHICH CIRCUMSTANCES."