DOJ

“They even broke into my safe!”

by

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

August 8, 2022

It’s been quite a day.

It began with Axios sharing photos of what purported to be White House toilets with torn up paper in them. The notes on that paper appear to have former president Trump’s distinctive handwriting on them. Axios got them from New York Times reporter Maggie Haberman, who has previously reported that Trump used to get rid of documents by flushing them. (By law, all presidential records must be retained.)

I am skeptical of these photos, myself—they seem a bit too perfect—but I do find the timing significant. If the photos are real, someone has had them for a long time but now feels that it is worth sharing them. If they are fake, they nonetheless demonstrate that Trump is a significantly diminished figure.

Next came news from the 2016 Trump campaign. Trump’s 2016 campaign chair, Paul Manafort, has written a book, and to sell it, he gave a long interview to Mattathias Schwartz of Insider. In the interview, Manafort admitted what the Senate Intelligence Committee said in their report about Russian interference in the 2016 election: he gave internal polling data from the Trump campaign to Konstantin Kilimnik, who, according to the Senate report, was a Russian intelligence agent. Manafort had previously denied this story.

Manafort told Schwartz that he was not trying to swing the election but hoped to convince pro-Russian oligarchs to do business deals with him by showing that he had access to Trump and that Trump could beat Democratic presidential candidate Secretary of State Hillary Clinton. Manafort says he didn’t know Kilimnick worked for Russian intelligence. Reached for the story, Kilimnick says he is a victim of people’s dislike of Russia.

Then, Trump’s presidency. In the New Yorker today, Susan B. Glasser and Peter Baker revealed that Trump and the generals of the United States Army were fundamentally at odds about how they viewed the United States. Trump wanted the generals to be loyal to him, as he believed “the German generals in World War II” were loyal to Adolf Hitler. (In fact, they tried repeatedly to assassinate him.) Trump tried to pack the military with loyalists; military leaders insisted that the military must not be taken over by a single leader.

After June 1, 2020, when Trump had nonviolent protesters cleared from Lafayette Square with tear gas and batons, Chair of the Joint Chiefs of Staff Mark Milley drafted a resignation letter in which he told Trump, “It is my belief that you were doing great and irreparable harm to my country” with his actions over the past weeks.

Milley explained that our Constitution means that “[a]ll men and women are created equal, no matter who you are, whether you are white or Black, Asian, Indian, no matter the color of your skin, no matter if you’re gay, straight or something in between. It doesn’t matter if you’re Catholic, Protestant, Muslim, Jew, or choose not to believe. None of that matters. It doesn’t matter what country you came from, what your last name is—what matters is we’re Americans. We’re all Americans.”

But Trump, he said, was siding with “tyrannies and dictatorships,” “fascism,” “Nazism,” and “extremism” and “ruining the international order” that the Greatest Generation defended in World War II.

While Milley did not, in the end, resign, he did take a public stand against Trump’s use of the military against Americans.

The January 6 attack on the U.S. Capitol was also in the news today: CNN’s Oliver Darcy reported that two years of text messages to and from conspiracy theorist and January 5 rally speaker Alex Jones have been sent to the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Jones’s lawyer had inadvertently sent the messages to opposing counsel during his recent trial.

And then, although the Department of Justice (DOJ) didn’t tip off anyone about this, even after it had begun, Trump tonight released a statement saying that the FBI was raiding Mar-a-Lago, his Palm Beach, Florida, property. “They even broke into my safe!” he complained. He called it “an attack by Radical Left Democrats” and said it was a sign that America has become a third-world country. But Trump himself appointed the current director of the FBI, Christopher Wray, after firing former director James Comey for investigating the ties of his 2016 campaign to Russia. Wray is hardly a “Left Democrat”; he served in the George W. Bush administration and is a member of the Federalist Society.

Legal analyst Joyce White Vance reminded people on Twitter: “We don’t know yet what crimes the FBI had sufficient evidence of to convince a federal judge there was probable cause to search Trump’s residence, but the execution of a search warrant isn’t a raid. It’s a judicially overseen process.” It appears that the search was about Trump’s removal of classified documents from the White House. (I told you: no one with any brains at all ever messes with archivists.)

As legal analyst Asha Rangappa noted, “a search warrant has to demonstrate probable cause that evidence of a crime will be found in the places and things searched.” And legal analyst Renato Mariotti adds that the Department of Justice doesn’t usually prosecute cases unless the material was deliberately transferred to a third party, and that it is unlikely DOJ would have obtained a search warrant if it did not expect to pursue a case.

Tonight, chief White House correspondent for CNN Kaitlan Collins reported that in early June, investigators had gone to Mar-a-Lago to learn more about the materials Trump had taken when he left the White House. They asked to see where the documents were stored, and Trump’s lawyers took them to a basement room. The search warrant executed today included a safe in Trump’s office, and journalist Laura Rozen reported that agents suspected that Trump had taken and was holding other classified documents after he returned many of them.

Political commentators noted that the law disqualifies from “holding any office under the United States” anyone who “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies or destroys…any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk of officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States.”

Tonight, House minority leader Kevin McCarthy (R-CA) is expressing outrage, the Fox News Channel is talking about Hunter Biden, and Trump’s base is calling for war, but Senate minority leader Mitch McConnell (R-KY) is silent. For his part, Trump is fundraising off the executed search warrant.

One final story from today illustrates a central principle of democracy: the principle of accountability.

Today, U.S. District Judge Lisa Godbey Wood sentenced the men who stalked and murdered Ahmaud Arbery in February 2020 as he was jogging in Brunswick, Georgia. She sentenced Travis McMichael and his father Greg McMichael to an additional life sentence in prison on federal hate crime charges. Unlike the other two, their neighbor William “Roddie” Bryan did not bring a gun to the scene, a fact the judge noted when she sentenced him to 35 years. They will serve their sentences in state prison, although they asked for federal custody, saying they feared for their lives in state prison.

Accountability is not only about justice; it’s about deterrence.

On this day in 1974, President Richard Nixon announced that he would resign the office of the presidency the next day at noon. He did not admit wrongdoing in the Watergate scandal, although the House Judiciary Committee had voted to impeach him, the full House was sure to follow, and Republican senators warned him the Senate would vote to convict.

He never did admit wrongdoing, and he was never held accountable. Instead, the next president, Gerald R. Ford, pardoned him. And here we are, 48 years later, with a president and his followers outraged that he, like everyone else, must abide by the law.

GasLit Nation: The leaked DOJ memo and Joe Manchin’s role in destroying the planet

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July 20, 2022

GASLIT NATION WITH ANDREA CHALUPA AND SARAH KENDZIOR

This week we take on shady internal affairs (the enormous number of people in the Trump crime cult circle who died violent or mysterious deaths) and burning external affairs (the horrors of climate change and Joe Manchin’s role in destroying the planet). But before we get to that, we examine yet more confirmation of what we already knew – that Merrick Garland is a mafia state enabler. We discuss the leaked DOJ memo that Rachel Maddow discussed on her show Monday night, Bill Barr’s influence over the DOJ, and shadow mentor Jamie Gorelick, who is still molding both Garland and the January 6 committee.

Charlottesville began a wave of violent populism that mutated into authoritarianism

by

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

August 11, 2021

Four years ago today, racists, antisemites, white nationalists, Ku Klux Klan members, neo-Nazis, and other alt-right groups met in Charlottesville, Virginia, to “Unite the Right.” The man who organized the rally, Jason Kessler, claimed he wanted to bring people together to protest the removal of Confederate general Robert E. Lee from a local park. But the rioters turned immediately to chants that had been used by the Nazis in Germany in the 1930s: “you will not replace us,” “Jews will not replace us,” and “blood and soil.” They gave Nazi salutes and carried Nazi insignia, and many brought battle gear and went looking for fights. By the end of August 12, they had killed counterprotester Heather Heyer and had injured 19 others. After the governor of Virginia declared a state of emergency, the rioters went home. 

The Unite the Right rally drew a clear political line in America. Then-president Donald Trump refused to condemn the rioters, telling a reporter that there were “very fine people, on both sides.” 

In contrast, former vice president Joe Biden watched the events at Charlottesville and concluded that the soul of the nation was at stake. He decided to run for president and to defeat the man he believed threatened our democracy. Biden was especially concerned with Trump’s praise for the “very fine people” aligned with the rioters. “With those words, the president of the United States assigned a moral equivalence between those spreading hate and those with the courage to stand against it,” Biden said, “and in that moment, I knew the threat to this nation was unlike any I had ever seen in my lifetime.”  

Four years later, it is much easier to see the larger context of the Charlottesville riot. The political threat of those gangs who tried to unite in Charlottesville in 2017 recalls how fascism came to America in the 1930s: not as an elite ideology, but as a unification of street brawlers to undermine the nation’s democratic government. 

In 2018, historian Joseph Fronczak explored the arrival of fascism in the U.S. In an article in the leading journal of the historical profession, the Journal of American History, Fronczak explained how men interested in overturning Democrat Franklin Delano Roosevelt’s presidency in 1934 admired and then imitated the violent right-wing gangs that helped overturn European governments and install right-wing dictators. 

The United States had always had radical street mobs, from anti-Catholic gangs in the 1830s to Ku Klux Klan chapters in the 1860s to anti-union thugs in the 1880s. In the 1930s, though, those eager to get rid of FDR brought those street fighters together as a political force to overthrow the federal government. 

While they failed to do so in an attempted 1934 coup, Fronczak explains, street fighters learned about the contours of fascism once their power as a violent street force was established. He argues that in the U.S., fascism grew out of political violence, not the other way around. Mobs whose members dressed in similar shirts, waved similar flags, and made similar salutes pieced together racist, antisemitic, and nationalistic ideas and became the popular arm of right-wing leaders. In America, the hallmark of budding fascism was populist street violence, rather than an elite philosophy of government.

The Unite the Right rally in Charlottesville had the hallmarks of such a populist movement. Leaders brought together different gangs, dressed similarly and carrying the emblem of tiki torches, to organize and attack the government. Rather than rejecting the rioters, then-President Trump encouraged them. 

From that point on, Trump seemed eager to ride a wave of violent populism into authoritarianism. He stoked populist anger over state shutdowns during coronavirus, telling supporters to “LIBERATE MINNESOTA,” “LIBERATE MICHIGAN,” and “LIBERATE VIRGINIA, and save your great 2nd Amendment. It is under siege!” His encouragement fed the attacks on the Michigan state house in 2020.  And then, after he repeatedly told his supporters the 2020 presidential election had been stolen, violent gangs attacked the U.S. Capitol on January 6, 2021, in an attempt to overturn the government and install him as president for another term.

While that attempted coup was unsuccessful, the empowerment of violent gangs as central political actors is stronger than ever. Since January 6, angry mobs have driven election officials out of office in fear for their safety. In increasingly angry protests, they have threatened school board members over transgender rights and over teaching Critical Race Theory, a legal theory from the 1970s that is not, in fact, in the general K–12 curriculum. 

Now, as the coronavirus rages again, they are showing exactly how this process works as they threaten local officials who are following the guidelines issued by the Centers for Disease Control and Prevention to require masks. Although a Morning Consult poll shows that 69% of Americans want a return to mask mandates, vocal mobs who oppose masking are dominating public spaces and forcing officials to give in to their demands. 

In Franklin, Tennessee, yesterday, antimask mobs threatened doctors and nurses asking the local school board to reinstate a mask mandate in the schools. “We will find you,” they shouted at a man leaving the meeting. “We know who you are.”

Rosen provides the hard evidence that attempted to overturn the election

by

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

August 7, 2021

[…] today’s testimony by Jeffrey A. Rosen, acting attorney general during the Trump administration, before the Senate Judiciary Committee, strikes me as being a game-changer. 

New York Times reporter Katie Benner broke the news way back in January that a relatively unknown lawyer in the Justice Department, Jeffrey Clark, worked secretly with then-president Donald Trump to overturn the results of the 2020 election. Clark was a political appointee in the Environmental and Natural Resources Division of the Department of Justice until he was moved in September 2020 to the civil division. 

Rosen replaced Attorney General William Barr when Barr resigned on December 23, 2020. But immediately, when Rosen refused to entertain the idea of overturning the election, Trump considered firing Rosen and replacing him with Clark. Rosen and his acting deputy attorney general, Richard P. Donoghue, along with top leaders in the Department of Justice all threatened to resign if Trump made the change, and the then-president backed down.

The news that Clark and Trump were working together to overturn the election sparked congressional investigations in the House Oversight and Reform Committee and the Senate Judiciary Committee. On Wednesday July 28, from the House committee, we learned that Trump had pressured Rosen daily to help him overturn the election. And we learned that Donoghue had taken notes of the calls.

On Friday, July 31, the House Oversight and Reform Committee released some of those notes. They were explosive. On December 27, Rosen said that the Department of Justice had concluded the election was legitimate and that it “can’t + won’t snap its fingers + change the outcome of the election.” Trump replied that he just wanted the department to “say the election was corrupt + leave the rest to me and the R[epublican] Congressmen.”

The next day, Clark tried to get Rosen and Donoghue to sign off on a letter claiming that the election had been fraudulent and saying that the Georgia legislature should appoint a different set of presidential electors on the grounds that the election there was full of irregularities. 

The Justice Department had already determined that the election was, in fact, legitimate, and not marred by fraud. Donoghue responded to Clark that “there is no chance that I would sign this letter or anything remotely like this…. [T]his is not even within the realm of possibility.” Rosen wrote: “I confirmed again today that I am not prepared to sign such a letter.”

According to an article in the New York Times by Katie Benner today, Rosen has been in talks with the Department of Justice for months to determine what information he could offer without disclosing information covered by executive privilege. On July 27, the Department of Justice said it would not restrict the testimony of former officials to the House Oversight and Reform Committee and the Senate Judiciary Committee, and shortly after, former president Donald Trump said he would not sue to stop them from testifying. 

Clark did not comment, but in January he said that while he had “a candid discussion of options and pros and cons with the president,” all of his official communications with Trump “were consistent with law.”

According to Benner, as soon as he got the all-clear, Rosen scheduled interviews with the congressional committees and with the inspector general of the Department of Justice to tell as much as he could of what he had seen before anyone tried to stop him. He met with the inspector general yesterday, and today he talked to the Senate Judiciary Committee for more than six hours. 

Richard P. Donoghue has also agreed to testify, as have other Department of Justice officials.

What this means is that congressional investigating committees now have witnesses to Trump’s efforts to overturn the election. 

With that in mind, it’s worth noting that tonight the Senate voted 67-27 to move the bipartisan infrastructure bill forward, just hours after Trump called it a “disgrace” and warned, “It will be very hard for me to endorse anyone foolish enough to vote in favor of this deal.” And yet, 18 Republicans joined the Democrats, reflecting the reality that 72% percent of Americans support the measure and going on the record against it, as Republicans did in March with the popular American Rescue Plan, is even less attractive now than it was then.

Tonight’s vote suggests that Republicans are not all going to continue to move in lockstep with the former president. Those cracks could well widen as more and more information about his administration comes out.