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

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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”

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.

Continue reading “Court Rules House Committee Can Access Trump’s Tax Returns”

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.

Continue reading “Initial Thoughts”