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?

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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.

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Court Rules House Committee Can Access Trump’s Tax Returns

The D.C. Circuit Court of Appeals on Tuesday ruled that the House Ways and Means Committee can access former President Trump’s tax returns from the Internal Revenue Service.

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Conservatives Rain Hellfire On The Rule Of Law After Mar-A-Lago Raid

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

FBI Investigating Politicians Is Tyranny Now

First they came for the former presidents who had hoarded stolen White House documents at their Florida golf clubs, and I did not speak out….

On Monday evening, the FBI raided Trump’s Mar-A-Lago resort in Palm Beach, Florida in a search related to (according to the New York Times) the ex-president’s handling of White House records that he was supposed to turn over to the National Archives and Records Administration at the end of his presidency.

News of the raid has Republicans and conservative commentators’ heads exploding.

  • First off, you might notice that Team “Lock Her Up!” seems to have a very different idea of what it means to investigate elected or formerly elected leaders now. After all, if they can hold an ex-president accountable for alleged crimes, if he can be subject to the rule of law like everyone else, imagine 1984 Orwell Big Brother!!

Defund The Police!

Police respecters and Back the Blue-ites are suddenly starting to sound mighty antifa-ish:

McCarthy Vows Revenge

House Minority Leader Kevin McCarthy (R-CA), beyond thirsty for that sweet, sweet Speaker’s gavel, wants Attorney General Merrick Garland to “preserve your documents and clear your calendar” because the DOJ “has reached an intolerable state of weaponized politicization.”

  • “When Republicans take back the House, we will conduct immediate oversight of this department, follow the facts, and leave no stone unturned,” McCarthy thundered on Twitter, as though he and his fellow Republicans haven’t been openly plotting revenge probes ever since Biden was inaugurated.

Civil War Is Upon Us

We’ve been hearing the drumbeats of war from the right for a while now, particularly after the Jan. 6 Capitol attack, but seeing Dear Leader finally being held accountable for, well, anything, seems to have broken some sort of floodgates:

This Ain’t No Watergate Break-In

Trump fulminated that the FBI raid at Mar-A-Lago was no different than Watergate. Oh, please:

Oh, Stop With The Handwringing Already

Bloomberg comes through with a classic that combines multiple lame political reporting tropes into one awful quick take. It has handwringing over how the Mar-A-Lago raid will play in MAGA world. It has horserace political analysis. It has bothsidesism.

Oh noes! It will radicalize Trump’s base!

But the federal probe into whether he removed classified documents from the White House will just as easily further radicalize his base.

This hurts … Biden?

The raid comes at an awkward time for Trump’s successor, Joe Biden …

Waves hand at bothsidesism:

… the search of Trump’s home by federal agents will be red meat to those followers and ensure that America’s toxic political divide will only get nastier

Rudy G Exposed

Rudy Giuliani is desperately trying to get out of testifying to a Georgia grand jury about his Big Lie shenanigans.

The Measure Of The Man

From the new book by Susan Glasser and Peter Baker:

Trump: “Look, I don’t want any wounded guys in the parade. This doesn’t look good for me.”

Kelly: “Those are the heroes. In our society, there’s only one group of people who are more heroic than they are—and they are buried over in Arlington.”

Trump: “I don’t want them. It doesn’t look good for me.”

Pass The Popcorn

James O’Keefe’s Project Veritas faces two new lawsuits from former employees who portray the gonzo right-wing organization as drug-laden, debauched, and a hostile work environment. The lawyer in both lawsuits is a former general counsel to ACORN, one of Project Veritas’ earliest targets. O’Keefe denied the lawsuits’ claims.

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You Do Not, Under Any Circumstances, Gotta Hand It To America Firsters

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. 

The Munich agreement of 1938, in which Britain’s appeasement of Germany permitted the Nazi conquest of Eastern Europe, belongs on the list of well known no-go historical comparisons for its many abuses, including justification of the U.S. wars in Vietnam and Iraq. But now we need a corollary: if “Munich” should not be deployed to authorize military adventurism, neither should later, ill-advised wars reflect retroactively on the debate over whether the U.S. should have aided the fight against Hitler. If you find yourself arguing, “maybe the appeasers had a point,” you should stop. To borrow from dril, “you do not, under any circumstances, ‘gotta hand it to'” the America Firsters.

Russia’s war on Ukraine has revived the arguments of 1940–41. An aggressor invades a neighbor it regards as illegitimate, forcibly relocating its people and occupying its land. Sympathizing with the victims, Americans nevertheless would rather not fight a war. U.S. leaders, sensible of the analogy to the past, invoke the Franklin Roosevelt administration to justify aid short of war — most explicitly when, this May, President Biden signed a law styled the Ukraine Democracy Defense Lend-Lease Act.

The March 1941 Lend-Lease Act allowed the United States to supply first Britain, then the Soviet Union and other countries fighting fascism, without billing them. Roosevelt likened it to lending one’s neighbor a garden hose when his house is on fire; one does not ask payment, just the hose’s return once the fire is safely out. Under Lend-Lease, the United States sent tanks, airplanes, trucks, food, and fuel (among other goods) to nations seeking to extinguish the conflagration of fascist conquest. Churchill referred to Lend-Lease as “the most unsordid act in the whole of recorded history.” Stalin and Khrushchev both said it was essential to Allied victory and later histories support this view.

Observing the administration’s comparison between then and now, some scholars challenge the historical narrative, and in doing so have revived the arguments leveled against U.S. aid to the Allies in the early years of World War II. Adam Tooze, skeptical of the current Democratic leadership, urges historians to discard “the sugar-coated narrative of a ‘good war’ won by the ‘arsenal of democracy'” and understand the Lend-Lease law instead as a “dramatic act of escalation” in the conflict with Hitler. In adopting it, Tooze says, the U.S. was “crossing the point of no return” and “unleashing . . . an apocalyptic world war.”

From an opposite ideological position, the neoconservative Robert Kagan agrees, accepting arguments of self-proclaimed realists and other Roosevelt critics that “American security was not immediately or even prospectively threatened.” Thus, Kagan argues approvingly, U.S. intervention in World War II was unforced; it was a choice the Roosevelt administration made, hoping to impose liberal ideals on the world.

While similar arguments casting Lend-Lease as an unnecessary escalation were common in 1941, it is worth briefly noting that they were often made by people who were at least Nazi-curious, including many members of the America First movement. Charles Lindbergh kept a medal the Nazis gave him, though he resigned his U.S. Army commission; Anne Morrow Lindbergh was (as Kagan notes) a “best-selling author,” notably for a book in which she said “‘democracy’” (scare quotes hers) was done and fascism was “the wave of the future.” The America First Committee expunged well known anti-Semite Henry Ford but kept attracting people who thought the Nazis had a point — which to be fair was, for a long time, a mainstream U.S. position; in a 1938 poll 54 percent of respondents agreed that European Jews were partly to blame for their own persecution (eleven percent thought them entirely to blame). Some actual pacifists (like socialist Norman Thomas) opposed U.S. aid to the Allies, but they were few compared to nationalist critics whose pacifism was, as the historian Manfred Jonas writes, “ad hoc” — that is, not a pacifism of principles.

Setting these alarming associations momentarily aside: Tooze and Kagan — and anyone else arguing that America First was substantially correct — owe their readers an alternative history in which, absent U.S. aid to the Allies, Nazi ambitions find their limits. In 1939 and 1940, Germany had already — together with the USSR, then still Germany’s non-aggressor neighbor — divided eastern Europe. Then Germany conquered Norway and western Europe, and began bombing British airfields and cities. Fascist Italy waged war on Greece, which Germany would soon help defeat; likewise, German forces would aid Italy in North Africa, threatening capture of the Suez Canal and with it control of shipping to the East.

If not for Lend-Lease, Hitler would have found something else to propel him onward. Evidence is lacking that, absent U.S. aid to the Allies, Nazism would have limited itself.

In July 1940, Hitler ordered the construction of a surface fleet for war against the United States: as the historian Gerhard Weinberg writes, “nothing more clearly illuminates the world-wide ambitions of the Third Reich.” Hitler had long regarded the United States as a model to be imitated and a rival to be defeated and, as Brendan Simms and Charlie Laderman note, after January 1939, when Hitler outlined a global war that would mean “the destruction of the Jewish race in Europe,” he began planning war on the United States. “It was no longer a question of whether war with America would come,” Simms and Laderman write, “but when.”

Absent U.S. aid to the Allies, Germany might not have needed to build a fleet to attack the United States. It could have seized one. Churchill more than once reminded Roosevelt that if the Battle of Britain went badly, his government would fall. Appeasers would succeed him and in negotiating peace with Germany, “the sole remaining bargaining counter with Germany would be the fleet.” With the Royal Navy reflagged as the new Kriegsmarine, Hitler “might, of course, use it with a merciful moderation,” Churchill said. “On the other hand he might not.”

Churchill here forecast the fallacy underlying arguments rehabilitating America Firstism: that Hitler would, if unprovoked, show “a merciful moderation” from which he had, thus far, refrained. Instead Hitler cited a series of pretexts — some based on real events, some wholly invented — to advance the global race war he wanted. As Tooze notes, Hitler complained that Lend-Lease was an act of war — but a war that “was sure to come sooner or later anyway.” On that reading of history, the argument for Lend-Lease as escalation loses force: if not for Lend-Lease, Hitler would have found something else to propel him onward. Evidence is lacking that, absent U.S. aid to the Allies, Nazism would have limited itself.

Neither was Japan self-limiting in 1941. A Pacific policy of non-confrontation also failed. The U.S. imposed an oil embargo only after learning that, as historian R.J.C. Butow writes, “forbearance toward the government in Tokyo, instead of having a salutary effect, simply resulted in ever-more aggressive behavior.”

I leave as an exercise for the reader the probable fate of Europe’s Jews, and others whom the Nazis regarded as inferior, in any plausible alternative history in which Hitler was trusted to show merciful moderation.

Whatever may be true of today’s Lend-Lease, the 1941 version was less an escalation than a recognition of the path on which Hitler had already set the world — a recognition that U.S. voters had already registered. As the historian Andrew Johnstone notes, the 1940 election put the question of aid to the Allies to the electorate — whatever Republican Wendell Willkie’s personal views, he ran as the isolationist candidate, accusing Roosevelt of “arbitrary and dictatorial” action for supplying Britain with destroyers and, in full “just-asking-questions” mode, saying, “many of us have wondered if he is deliberately inciting us to war.” Voters told pollsters they would prefer Willkie if there were no war in Europe but, under actually prevailing circumstances, they preferred Roosevelt. They understood, perhaps better than some modern scholars, how to evaluate the likely alternative history, and made their decision accordingly.

Initial Thoughts

You see the big news. It speaks for itself in terms of its magnitude. We can drown in schadenfreude. But the reality is that this is a massive, massive development with no precedent or parallel in American history. I assume this is about the disposition of classified documents investigation, one of the less serious (in relative terms) of the investigations he faces. But I have no idea. Perhaps it’s tied to the events of January 6th or the conspiracy that preceded it. I don’t know and I’ll be curious to hear whether reporters closer to those investigations have some suspicions or insight.

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After All That, The Senate Bill Will Actually Be A Massive Leap Forward On Biden’s Climate Goals

In a matter of weeks, Democrats exchanged fists shaken in rage for those raised in triumph, as a slimmed-down reconciliation bill came abruptly back to life, bringing with it transformational and historic climate provisions. 

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