Jack Goldsmith was kind enough to engage with my reply to his piece on potential criminal investigations of Donald Trump. Here’s his reply to mine. I’m going to take some time to work through the points Goldsmith makes. But I will try to address them in another post that I’ll publish soon. One immediate thought I had on a cursory read was that Goldsmith rightly makes a distinction between potential crimes committed while a person is president and things that come after. But it seems to me that one of the key complexities and unique dangers of Trump is that he is not allowing us that neat distinction. Much of his wrongdoing is continuous from one phase to the next. Indeed, in the last couple days he has grown increasingly explicit in threatening to retaliate against Garland, Biden, et al., in a hypothetical future term as President. In any case, more soon.
Better Late Than Never? As the laggardly Justice Department played catchup to the Jan. 6 committee probe, a federal grand jury back in May subpoenaed the National Archives for all the records it had turned over to the House committee in its parallel investigation. The NYT has the subpoena.
Happening Today: A federal judge in Florida is scheduled to hear arguments today over whether the FBI affidavit in support of the search warrant for Mar-a-Lago should be unsealed and made public.
Pence Walks A Thin Blue Line: The former vice president urged congressional Republicans raging about the Mar-a-Lago raid to direct their ire at Merrick Garland and not rank and file law enforcement: “Calls to defund the FBI are just as wrong as calls to defund the police.”