Senate Map Expanding

I’m not saying I expect to see a new Democratic senator from North Carolina. But the Democrats’ Senate map is expanding. There have been four polls of the North Carolina Senate race since mid-June (Budd v. Beasley), three of them GOP-funded. Their margins for Democrat Cheri Beasley have been, in order, Beasley -5, Beasley -3, Beasley +2, Beasley +4. That’s a pretty nice trend for Beasley.

North Carolina has been a heartbreaker for Democrats in recent cycles. I’m not predicting a Democratic pick up. But this is clearly a competitive race. At a minimum Republicans are going to have to fight to hold that seat.

Nota Bene: 8.10.22

* Judge tells Rudy Giuliani no dice (sub. req.). He must appear before a Fulton County grand jury next week (Aug. 17th) unless he can provide a better explanation from a doctor about why it is medically impossible for him to do so.

* The Kremlin is paying millions to a notorious American conspiracy theorist, Ben Swann, to create a series of news style TV shows aimed at blackening America’s image around the world. Here’s the FARA filing.

Trump Refuses To Answer NY AG’s Questions, Invokes 5th Amendment

Ex-President Donald Trump announced on Wednesday morning that he pleaded the Fifth Amendment during his scheduled deposition with New York Attorney General Letitia James (D) in her civil probe into the Trump Organization earlier that day.

Continue reading “Trump Refuses To Answer NY AG’s Questions, Invokes 5th Amendment”

Trump To Finally Sit For Deposition In NY Attorney General Investigation

Ex-President Donald Trump announced on Tuesday night that he was set to testify the next day in New York Attorney General Letitia James’ (D) civil investigation into the Trump Organization.

Continue reading “Trump To Finally Sit For Deposition In NY Attorney General Investigation”

Trump Lawyer: FBI Planted Evidence At MAL! But Also There’s Nothing Incriminating At MAL!

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.

A+ Lawyerings

To hear Alina Habba, one of Trump’s defense lawyers, explain it: The FBI probably planted incriminating evidence when agents raided the ex-president’s Mar-a-Lago resort on Monday, but also the raid was a wild goose chase and Trump doesn’t have anything incriminating at Mar-a-Lago.

  • “Quite honestly, I’m concerned that they may have planted something,” Habba told Fox News on Tuesday night. “At this point, who knows?”
  • Christina Bobb, another Trump defense lawyer and former OAN host (RIP), on the other hand, doesn’t “necessarily think that they would even go to the extent of” planting anything because “they just make stuff up and come up with whatever they want,” even though “[t]here’s just nothing there.”

Election Steal Rep Says FBI Seized Phone

Rep. Scott Perry (R-PA), a key crony in Trump’s efforts to use the Justice Department to steal the 2020 election, told Fox News on Tuesday that the FBI seized his phone earlier that day while he was traveling with his family.

Following Yesterday’s Madness After Trump Raid

Check out our liveblog of the fallout yesterday of the FBI’s raid at Mar-A-Lago on Monday.

Food For Thought

Trump To Be Deposed By NY AG

Trump will be sitting for a deposition today in New York Attorney General Letitia James’ (D) civil investigation into the Trump Organization, the ex-president announced late last night on his fake Twitter app, TRUTH Social.

  • Trump, clearly still reeling from the FBI raid on Mar-A-Lago, whined in his announcement that he was being “attacked from all sides.”
  • Trump’s eldest kids, Ivanka and Don Jr., have already given their testimonies in James’ probe recently.
  • The depositions were delayed after the ex-president’s first wife, Ivana Trump, died last month.

Pompeo Testifies In Front Of Jan. 6 Panel

Former Secretary of State Mike Pompeo testified in front of the House Jan. 6 Committee on Tuesday, per CNN, ABC News and the New York Times.

  • The reported focus of Pompeo’s interview: The ex-Trump official’s alleged discussion with then-Treasury Secretary Steven Mnuchin about potentially invoking the 25th Amendment to oust Trump after the Capitol attack.

Mastriano Storms Out Of Jan. 6 Panel Testimony Within Minutes

Pennsylvania’s GOP gubernatorial nominee and Big Lie devotee Doug Mastriano spent less than 15 minutes talking to the House Jan. 6 Committee during his scheduled virtual hearing on Tuesday before cutting off the session, his lawyer confirmed.

  • Mastriano and his lawyer had insisted that they be allowed to record the session, something the panel obviously didn’t agree to.
  • Mastriano didn’t answer a single question, a source told CNN.

Must Reads

“This Is the Data Facebook Gave Police to Prosecute a Teenager for Abortion” – Vice

“How Wall Street wooed Sen. Kyrsten Sinema and preserved its multi-billion dollar carried interest tax break” – CNBC

“Albuquerque Welcomed Muslims. Then Four of Them Were Killed.” – The New York Times

Pro-Impeachment GOPer Concedes In Primary

Rep. Jaime Herrera Beutler (R-WA), one of the 10 House Republicans who voted to impeach Trump over the Jan. 6 attack, conceded in her primary to Trump-backed rival Joe Kent on Tuesday.

  • The overall survival/fatalities of pro-impeachment Republicans in last week’s primary stand at:
    • One win: Herrera Beutler’s fellow Washington Republican, Rep. Dan Newhouse (R-WA)
    • Two defeats: Herrera Beutler and Rep. ​​Peter Meijer (R-MI)
  • Kent openly courted white nationalists during his campaign, by the way.

Yet Another Election Denier Wins GOP Nod For Secretary Of State

Kim Crockett, a hardcore 2020 election denier, won the Republican primary for Minnesota secretary of state on Tuesday.

Tucky C’s Terrified By Alex Jones Texts

An inside source told the Daily Beast that Fox News host Tucker Carlson is “shitting himself” out of fear that his texts with far-right tinhatter Alex Jones will get leaked after Jones’ lawyer helpfully handed them over to the Sandy Hook families’ lawyer, who then helpfully handed them over to the House Jan. 6 Committee.

Antifa MTG

Do you like Morning Memo? Let us know!

How 2 DC Watchdog Groups Blew Open The Trump Administration’s Deleted Texts Scandal

The ongoing congressional investigations into the Jan. 6 riot have unfolded alongside a parade of fresh stories of potential cover-ups: Everything from a seven-hour gap in the President’s call logs to his efforts to destroy documents by flushing them down the toilet

A particularly eyebrow-raising set of recent discoveries has opened a new line of inquiry into the events surrounding the attack. And it came not from investigative journalists or the Jan. 6 committee’s fact-finding efforts, but thanks to the dogged pursuit of two watchdog groups.

The groups — Project On Government Oversight (POGO) and American Oversight — have separately helped to unearth the fact that text messages from around Jan 6 were expunged by multiple departments and agencies. POGO worked with whistleblower(s) from the Department of Homeland Security inspector general’s office to publicize the issue. For its part, American Oversight filed a Freedom of Information Act request to the Defense Department that revealed missing texts there, too.

The groups learned that not only had the text messages in question been lost – there were inexplicable delays in revealing that fact publicly.

The content of the missing texts was especially of interest after former White House aide Cassidy Hutchinson testified that she had heard second-hand a story about how Trump had an altercation with a Secret Service agent who refused to drive him to the Capitol on Jan. 6.

The revelations, taken together, have kicked off a new chapter of investigations into the infamous riot.

POGO’s big break

Ten days after the riot, four House committee chairs requested from several entities, including DHS, “all documents or materials that refer or relate to events that could or ultimately did transpire on January 6.” The request coincided with DHS Inspector General Joseph V. Cuffari’s own probe into the attack, and sought some of the same documents.

But some of the information they requested would soon be gone. The Secret Service, a division of DHS, apparently lost relevant texts when agents failed to back them up as part of a bizarre phone migration project. 

Over a year later, Cuffari claimed in a July 13 letter to Congress that the Secret Service misled him about the whereabouts of the lost messages: “The USSS erased those text messages after [the Inspector General’s office] requested records of electronic communications from the USSS, as part of our evaluation of events at the Capitol on January 6.”

Cuffari also shifted blame to DHS employees for holding up the investigation because they weren’t permitted to provide records directly to his office without a review by the department’s attorneys.

“This review led to weeks-long delays in OIG obtaining records and created confusion over whether all records had been produced,” he wrote.

The Cuffari letter raised plenty of questions, including why the information was just coming to light now.

“The U.S. Secret Service system migration process went forward on January 27, 2021, just three weeks after the attack on the Capitol in which the Vice President of the United States while under the protection of the Secret Service, was steps from a violent mob hunting for him,” the Jan. 6 Committee said in a statement on July 20, giving voice to some of the many questions raised.

POGO, it turned out, was about to publish an investigation that shed light on the whole situation. Two of their in-house investigators, Nick Schwellenach and Adam Zagorin, had been monitoring Cuffari for 15 months when they got a tip that he’d withheld the information, deepening the emerging scandal.

The DC-based independent watchdog group has investigated corruption and abuses of power in the federal government for decades, often by fielding tips from sources working in government. 

In late July, they reported that Cuffari had been briefed on the texts’ erasure as far back as February 2022, and he’d reportedly considered issuing a six-page management alert about the missing texts before deciding against it. The alert would have made the situation public. 

“We’ve been probing Cuffari’s handling of high-profile matters for more than a year, and have numerous sources providing us with insights,” Schwellenbach, one of POGO’s lead investigators on the story, told Talking Points Memo. “We were well-positioned to learn more about how he has failed to inform Congress in a timely way about deleted records related to January 6.”

This isn’t the first time the inspector general apparently misled investigators, which was part of why POGO had been following him: The Washington Post reported last week that Cuffari had previously been investigated for breaking ethics rules back when he oversaw a Justice Department inspector general field office in 2013.

Now, POGO is calling on the Biden administration to remove him. 

“Cuffari has made several inexplicable failures that indicate that he is unable or unwilling to keep Congress meaningfully informed of serious oversight issues under his purview, a key element of his mission,” Liz Hempowicz, POGO’s director of public policy, told TPM.

What about American Oversight?

American Oversight, meanwhile, requested text correspondences from employees of the Department of Defense and the Army six days after the riot occurred. The group, founded in 2017, has made a name for itself by issuing reams of FOIA requests to government agencies and publishing its findings. 

When the agencies failed to produce much information, the watchdog group sued them in federal  court on March 10, 2021.

As the lawsuit proceeded, the agencies presented the group with joint status reports throughout the year, but it wasn’t until March 2022 that they admitted that all texts from former employees, including top Trump administration figures, had been wiped at the end of Trump’s term — over a week after the group requested them.

“For those custodians no longer with the agency, the text messages were not preserved and therefore could not be searched,” the status report reads, “although it is possible that particular text messages could have been saved into other records systems such as email.”

That revelation, which CNN reported last week, had some intriguing similarities with DHS’ text message woes. 

American Oversight has since called for Attorney General Merrick Garland to carry out a cross-agency investigation into the text erasures, noting the similarities to the DHS situation. 

“There are still too many open questions about the role of the Pentagon, Secret Service, and others before and during the attack,” Heather Sawyer, the group’s executive director, said in a statement. “Even without our request, DOD should have known that any text messages would be vital to ensuring accountability for January 6.”

Classified To Whom? Questions Swirl Around Classified Docs At Mar-a-Lago

A set of questions is coming into clearer view following the FBI searches at Mar-a-Lago on Monday: Were there classified records at former President Donald Trump’s residence? And, if so, what were they?

Continue reading “Classified To Whom? Questions Swirl Around Classified Docs At Mar-a-Lago”

Perspective and Calm in the Storm

So here we are, an FBI raid on the ex-President’s Florida compound. (Some of you say we are following GOP messaging calling it a “raid” rather than executing a search warrant. They’re both accurate but we’ve always called these “raids” in years of covering these events. So no reason to change now.) Republicans are predictably lining up in defense of the President as the victim of political persecution, threatening payback after January 2023 and January 2025.

But not all of you are punch drunk with schadenfreude. I’ve received a few emails from TPM Readers who fear this is an unfolding catastrophe for Democrats or the country or any opponents of Trumpism. TPM Reader EA finds it hard to believe that Garland, Wray and a federal judge would authorize such a dramatic move over an essentially bureaucratic document retention issue. But he’s been disappointed in DOJ and FBI in recent years and worries. TPM Reader JB is much more concerned, calling it a “PR disaster … because our side has nothing to say … I worry this is Mueller all over again. A cautious technocrat in a China shop.” Others speculate more generally about a bureaucratic drift toward a warrant to seize documents Trump resisted turning over. One step leads to another and suddenly this is where you are but no one has stepped back and figured in the broadly political and constitutional context.

Continue reading “Perspective and Calm in the Storm”