No primaries this week, but Alaska declared Democrat Mary Peltola the winner of a special election for its one U.S. representative. A Yup’ik, Peltola is the first Alaska Native to win a seat in Congress, the first woman to represent Alaska in the U.S. House, and the first person to win Alaska’s new ranked-choice election process. Defeating GOP candidate Sarah Palin, endorsed by Deposed Donald Trump (DDT), Peltola won by three percent after receiving second-choice votes from the primary’s third-runner, Nick Begich, and will serve for four months. She is also competing against Begich and Palin in November 2022 for a two-year term beginning in January 2023. Peltola replaces GOP Don Young, who served for 49 years before he died in March 2022. Only the third representative since Alaska became a state in 1959, Young replaced Democrat Nicholas Begich, the current candidate’s grandfather, after he disappeared on a campaign flight from Anchorage to Juneau in late 1972.
The major news today, however, was information about the DOJ response to DDT’s motion for an independent “special master” to review all documents taken from Mar-a-Lago in an August search warrant. Just before the midnight deadline on August 30, the DOJ submitted its 36-page response with more news about DDT illegally hiding documents from the federal government.
The DOJ filing rebuts DDT’s claims about investigators’ private interactions with DDT and his lawyers. Although DDT’s counsel and other representatives claimed a “diligent search” in June, the FBI’s August search recovered twice as many classified documents in a few hours. The statement, signed by DDT’s lawyer Christina Bobb, may be a legal problem for her because the statement, verifying the “diligent search” for “any and all” remaining and relevant documents, was delivered “on behalf of the Office of Donald J. Trump.” That indicates it was authorized by DDT himself.
DOJ’s filing also asserts that DDT’s attorneys moved so slowly that appointing a special master would be pointless. Investigators have already reviewed all the seized material except items set aside by the filter team. If the judge goes ahead to appoint the third party, DOJ recommends the person review seized records only for potential attorney-client privileged information and be required to have a top-level security clearance sufficient to reviewing classified documents. According to DOJ prosecutors, “even the FBI counterintelligence personnel and DOJ attorneys conducting the review required additional clearances before they were permitted to review certain documents.” According to the DOJ, DDT’s motion is only to disrupt the investigation; if one is assigned, the response asks that the work be completed by September 30.
The DOJ may be adding to DDT’s criminal charges. The affidavit stated:
“There is probable cause to believe that additional documents that contained classified NDI [national defense information] or that are Presidential records subject to record retention requirements currently remain at [Trump’s residence].”
To justify its demand, DDT’s response added executive privilege but cited no cases in which former presidents have successfully prohibited sharing documents and made no such claim of priviege before the search. On Truth Social, DDT again claimed he had declassified the documents, but there is no proof he did so, and the law also covers unclassified documents.
DDT’s response to the DOJ states that the special master should decide questions of executive privilege as well as attorney-client privilege. Executive privilege doesn’t exist among one branch of government; the DOJ is part of the executive branch. Previously, the DOJ said that its team examining the seized materials “identified a limited set of materials that potentially contain attorney-client privileged information, [and] completed its review of those materials.”
In their response, DDT’s lawyers assured that there was “no cause for alarm” about finding top-secret documents at Mar-a-Lago that dealt with national security. The Office of the Director of National Intelligence (ODNI) is conducting a review of recovered materials regarding the potential risk from disclosure of the materials. DDT lawyers also accused prosecutors wh would “impugn, leak and publicize” details of its investigation without a special master.
The judge has scheduled a hearing on September 1 at 1:00 pm EST to determine whether to appoint a special master.
One of DDT’s lawyers, Alina Habba, complained that the DOJ investigation into DDT’s mishandling classified documents is for “mundane” offences like “espionage,” mundane meaning “commonplace.” In 105 years, only 55 people have been convicted of espionage. Habba also submitted court filings asserting she performed a “comprehensive search” of Mar-a-Lago for a separate case in New York. She’s either lying, breaking the law, or a witness. Either way, she should be ineligible to represent DDT.
A photo of classified documents scattered on the floor among DDT’s memorabilia has gone viral with a debate about its accuracy. Phillip Bump wrote that the carpet background is typical of Mar-a-Lago, and a post from DDT indicated that was the location. A photo scale (bottom of page) and a small marker, 2A (center right), indicates it is for documentation of materials found in a “leatherbound box of documents” (not shown) with a property receipt of contents. Classified Documents 1 and 2 are dated August 16, 2018, and Document 3 is dated May, 9, 2018, one day after DDT announced the U.S. withdrawal from the Iran nuclear agreement. None of the documents is marked “Declassified.”
The FBI has also newly unsealed a letter from May 25 from DDT’s attorney Evan Corcoran suggesting that the team plans to use the argument that DDT is above the law, trying to persuade the court that a law against keeping U.S. classified information at home doesn’t apply to DDT. According to legal experts, a president out of office is no longer president and becomes subject to laws applying to everyone else. The “good faith” argument that documents were mistakenly taken can be negated by DDT’s refusal to return them earlier and that there may still be more classified information at Mar-a-Lago.
DDT’s desperate attempts to add members to his legal team has been the joke of the media, but he finally found one—former Florida solicitor general Chris Kise. Unfortunately, he’ll have to pay Kise: the RNC has been floating funds for his legal problems but won’t pay for the problem with hiding the documents at Mar-a-Lago. At least he’s stashed most of the tens of millions of dollars donated to sue for the “stolen election” because he never followed through with the plan. Kise, formerly adviser to Florida Gov. Ron DeSantis’ transition team, might want to get paid up front; DDT is known for not paying his bills.
A timeline for those who thus far escaped the ongoing saga of DDT and the stolen classified documents.
Soon after the Mar-a-Lago search, the “what abouts” started with the Clinton “lock her up” trope. The differences:
Federal officials searching Clinton’s emails found 193 with classified information when they were sent. Officials have found over 322 documents with classified information, many of them top secret and some of them in a desk drawer at Mar-a-Lago. Investigators found “a conscious effort to avoid sending classified information, by writing around the most sensitive material.”
Contrary to DDT’s former CIA director Mike Pompeo’s comment, federal investigators obtained Clinton’s materials at her home. The FBI took over 30 devices from Clinton and her aide and received consent for their searches. Evidence center to DDT’s ongoing investigation were never voluntarily turned over despite government requests.
The government could find no evidence that Clinton acted “willfully,” unlike DDT’s behavior.
Clinton’s emails showed no evidence that either she or the recipient was aware that the content was classified. Documents at Mar-a-Lago were labeled with different classified levels with no indication of declassification.
Clinton’s emails, expected to be preserved in other sources and/or acquired from other devices, had been deleted from servers; DDT’s documents were originals and lying around in plain sight.
Columnist Jennifer Rubin points out that GOP candidates are caught in the middle, either defending what is becoming increasingly indefensible or risking votes by cutting loose their cult leader. They also risk ridicule from Democrats who accuse the defense hawks of having flagrant disregard for national security and irrationally strike out at government officials protecting U.S. secrets.
The current solution for Republicans is to go silent. Last weekend, Sen. Lindsey Graham (R-SC) threatened “riots in the streets” if anyone prosecute DDT. After backlash, he backed down and said he would never say such a thing. Now he says nothing. When asked about the probe into DDT, Senate Minority Leader Mitch McConnell (R-KY) said he has “no observations.” Republicans campaigning last week with their rage about the misnamed FBI “raid,” including Sen. Ted Cruz (R-TX) have no comment today.
Retirement for DDT means he has time to retweet QAnon accounts on his Truth Social—18 different posts in 12 different accounts within 60 hours. In between, he attacked the DOJ and AG Merrick Garland as well as pushing his son-in-law Jared Kushner’s book, described as “one of the worst political memoirs in recent history.”
Recent polls: 76 percent are following the news about removal of classified documents; 59 percent think DDT acted inappropriately in taking them; and 64 percent think the allegations are serious.
The next two Tuesdays finish the 2022 primary round with elections in Massachusetts on September 6 and Delaware, New Hampshire, and Rhode Island on September 13. Only Louisiana doesn’t hold a primary before the general election.