July 27, 2023
Late Morning/Afternoon Update:
** Alan Feuer, et al., of the New York Times: "Federal prosecutors investigating ... Donald J. Trump on charges of illegally handling classified documents unsealed charges on Thursday against a new defendant -- a maintenance worker at Mar-a-Lago.... The worker, Carlos De Oliveira, who is the head of maintenance at the property and also once parked cars there, was charged with conspiracy to obstruct efforts to retrieve the documents. He was joined to a pre-existing indictment filed in Florida last month accusing Mr. Trump and the aide, Walt Nauta, of a conspiracy to obstruct the government's repeated attempts to retrieve the material.... Mr. De Oliveira was caught on a surveillance camera moving boxes into a storage room at Mar-a-Lago ... in the days between the issuance of a grand jury subpoena demanding all remaining classified material in Mr. Trump's possession and a visit by federal prosecutors to see Mr. Trump's lawyers and enforce the subpoena. Phone records show that Mr. De Oliveira also called an information technology worker at Mar-a-Lago last summer. The call caught the government's attention because it was placed shortly after prosecutors issued a subpoena to Mr. Trump's company, the Trump Organization, demanding the footage from the surveillance camera near the storage room." ~~~
~~~ Earlier. Marie: Okay, Ken Delanian of NBC News now is reporting that special counsel lawyers filed a superceding indictment and that it contains not only charges against Carlos De Oliveira but also additional charges for Donald Trump and Walt Nauta. Two of the three new charges against Trump are for obstruction related to deleting surveillance footage. Uh, wow!
~~~ You can read the new indictment, via CNN, here. MB: The section labeled "The Attempt to Delete Security Camera Footage" (begins at page 26) is a hoot. The guys walk through dark tunnels with flashlights & hold clandestine meetings in the bushes next door to Mar-a-Lardo and in a windowless closet. They sound like mobsters, telling an IT employee he had better delete the footage because "the boss" wanted it done; then Walt's checking with another employee because "someone [MB: i.e., Trump] just wants to make sure Carlos is good," and that person assuring Walt that Carlos is loyal. Trump then calls Carlos to tell him not to worry as He Trump would pay for Carlos' lawyer. Oh, and the upshot of all this is that neither the Frick & Frack team nor "the boss" get the IT guy to delete the surveillance footage. The life of Trump will make a couple of decent "B" mob movies. Better yet, let's hope the Coen brothers are taking notes. ~~~
~~~ From CNN's liveblog: "Special counsel Jack Smith has brought additional charges against ... Donald Trump in the case surrounding his alleged mishandling of classified documents after leaving the White House, according to the court docket. Trump has been charged with three new counts, including one additional count of willful retention of national defense information and two additional obstruction counts, related to alleged attempts to delete surveillance video footage at the Mar-a-Lago resort in summer 2022." You'll have to scroll down to read this content. AND ~~~
~~~ "... Smith has filed an additional charge against ... Donald Trump for willfully retaining a top-secret document about Iran attack plans, which he discussed with biographers during a taped meeting at his Bedminster golf club in New Jersey in July 2021, according to the indictment." Scroll down.
Tierney Sneed of CNN: "Special counsel Jack Smith has charged a third defendant, Carlos De Oliveira, in the Trump Mar-a-Lago classified documents case, according to court files.... De Oliveira was the maintenance worker who helped Nauta move boxes of classified documents around Mar-a-Lago after the Justice Department first subpoenaed Trump for classified documents last May." MB: Ken Delanian of MSNBC said that De Oliveira's "name has been added to the docket," which doesn't necessary mean he has been charged.
Marie: Early Thursday, I wrote in the Comments, "Like Dianne Feinstein, Mitch should retire." The next thing you know ~~~
~~~ Kristin Wilson of CNN: &"Sen. Dianne Feinstein had to be corrected and told to vote during a Senate Appropriations Committee hearing on Thursday.... During Thursday's hearing, Feinstein was meant to cast her vote on the Defense Appropriations bill, requiring her to say 'Aye' or 'Nay,' when her name was called. When she didn't answer, Democratic Sen. Patty Murray of Washington state tried to prompt her. 'Say aye,' she said, repeating herself three times to Feinstein. Feinstein then started to read from prepared remarks, and was interrupted by an aide whispering in her ear. 'Yeah,' Murray said once again. 'Just say "aye."' 'OK, just,' Feinstein replied. 'Aye,' Murray repeated once more. Then Feinstein sat back in her chair. 'Aye,' she said, casting her vote."
**Uh-oh. Josh Dawsey, et al., of the Washington Post: "Lawyers for ... Donald Trump were meeting Thursday morning with prosecutors from special counsel Jack Smith's office, more than a week after Trump said he received a letter from the Justice Department telling him he could face criminal charges in connection with his efforts to overturn the 2020 election. The meeting, confirmed by a person familiar with the matter..., is another sign that Smith could be close to seeking an indictment of Trump in the Justice Department's long-running elections probe." At 8:35 am ET, this was a developing story. ~~~
~~~ Update: Adam Reiss & Vaughn Hillyard of NBC News (at 11:14 am ET): "Trump's attorneys Todd Blanche and John Lauro have met with prosecutors in Smith's office, according to three sources. The lawyers were told to expect an indictment, two sources said." This is part of a liveblog. You'll have to scroll down. ~~~
~~~ Update 2: Kaitlan Collins of CNN: "... Donald Trump posted on Truth Social saying his lawyers met on Thursday to appeal to special counsel Jack Smith that 'an indictment would only further destroy the country.' Trump's attorneys went into their meeting with the special counsel Thursday not to argue the facts of the case against indicting Trump, but instead with a broader appeal that indicting him would only cause more turmoil in the country's political environment, two sources familiar with the meeting said." This is part of a liveblog. You'll have to scroll down.
David Nakamura & Mark Berman of the Washington Post: "The Justice Department on Thursday opened a sweeping civil rights investigation into allegations that the Memphis Police Department systematically used excessive force and discriminated against Black residents, dramatically escalating federal oversight seven months after the police beating death of Tyre Nichols. Assistant Attorney General Kristen Clarke said the probe is not based on any single instance of misconduct but was launched after the department's broad review of public records and information provided by community members."
Robert Barnes of the Washington Post: "The Supreme Court on Thursday cleared the way to complete a controversial Mid-Atlantic natural gas pipeline, agreeing that Congress greenlighted the project as part of a behind-the-scenes deal to raise the nation's debt ceiling. Without comment, the justices lifted a lower court's halt on the remaining construction of the Mountain Valley Pipeline, which will stretch 300 miles through rugged mountains in West Virginia and Virginia. Environmentalists claim that the pipeline threatens lands, water resources and endangered species along the way, and have found some success blocking final approval at the U.S. Court of Appeals for the 4th Circuit in Richmond. But much of the pipeline is already built. During the tense negotiations earlier this summer to keep the nation from defaulting on its debts, House Republicans and Democratic Sen. Joe Manchin III of West Virginia wrangled a deal with the Biden administration to cut the courts out of the process. The bill ... expressly stripped courts of jurisdiction to review 'any action' by a federal agency granting authorization for the construction and operation of the pipeline." Politico's report is here. ~~~
~~~ Marie: Now, there's a great way to avoid judicial review. Just tuck into every bill a "mitts off, judges" clause. And Democrats could sweeten their bills with, "no Republican-appointed judges may review or rescind any part of this law." If Bibi Netanyahu had thought of this, he could have avoided all those problems with his effort to neuter Israel's judiciary.
Ryan Reilly of NBC News: "Former Michigan Republican gubernatorial candidate Ryan Kelley pleaded guilty to a federal crime on Thursday in connection with the attack on the U.S. Capitol. Kelley pleaded guilty to a misdemeanor count of entering and remaining on restricted grounds.... Kelley ran for governor in Michigan in 2022 as a Republican, He was arrested last June, before the Republican primary, and was, for a time, leading in the polls." MB: Too bad it's just a misdemeanor. Kelley probably won't get jail time. And I was thinking he would have made a nice simpatico cellmate for Donald Trump.
Manu Raju of CNN: "Senate GOP Leader Mitch McConnell, who froze during a news conference Wednesday and earlier this year suffered a concussion after falling down, has also endured two other falls this year, according to multiple people familiar with the matter," once in Finland in February & earlier this month at Reagan International while deplaning.
Erica Green & Lisa Friedman of the New York Times: "President Biden will announce new measures on Thursday aimed at helping communities across the country deal with extreme weather, as rising temperatures scorch much of the country and amplify alarms about the climate crisis. The announcement, to be made in an auditorium on the White House grounds, will come on a day when the National Weather Service is warning that temperatures in the nation's capital could hit triple digits for the first time in nearly seven years. White House officials said the new measures would include funding to improve weather prediction, grants to help ensure clean drinking water across the West and protections for workers who are most vulnerable to heat deaths." MB: I sure hope this invalidates the Texas legislature/Greg Abbott's law outlawing water breaks for construction workers. ~~~
~~~ Update. Marie: Here are some measures President Biden announced, via NPR. It doesn't appear he has precluded enforcement of Texas' no-water-breaks-for-workers law, which goes into effect in September.
~~~ Raymond Zhong of the New York Times: "Weeks of scorching summer heat in North America, Europe, Asia and elsewhere are putting July on track to be Earth's warmest month on record, the European Union climate monitor said on Thursday, the latest milestone in what is emerging as an extraordinary year for global temperatures. Last month, the planet experienced its hottest June since records began in 1850. July 6 was its hottest day. And the odds are rising that 2023 will end up displacing 2016 as the hottest year. At the moment, the eight warmest years on the books are the past eight."
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Bryan Mena of CNN: "The Federal Reserve raised its benchmark lending rate by a quarter point Wednesday, lifting interest rates to their highest level in 22 years. It's the 11th rate increase since the Fed began its inflation fight in March 2022, and comes just one month after the central bank hit pause in order to assess the state of the economy after the failures of three regional banks since the spring. Fed officials are estimating one more rate hike this year, according to their latest set of projections. Inflation's steady slowdown in recent months has been encouraging for American consumers and businesses, but officials reiterated in their post-meeting statement that 'inflation remains elevated' and that the Fed 'remains highly attentive to inflation risks.'..."
John Sakellariadis of Politico: "The Biden administration has tapped former Maryland Gov. Martin O'Malley to head the Social Security Administration, the White House announced Wednesday. O'Malley, a Democrat, will require Senate confirmation to take over at the agency, which oversees a $1 trillion budget and is responsible for distributing benefits to older adults and disabled people." (Also linked yesterday.)
Rebecca Shabad & Liz Brown-Kaiser of NBC News: "Senate Minority Leader Mitch McConnell suddenly stopped speaking during a weekly Republican leadership press conference on Wednesday afternoon, appearing to freeze, and then went silent and was walked away. McConnell, R-Ky., had been making his opening remarks and suddenly stopped talking. His Republican colleagues asked if he was okay and Sen. John Barrasso, R-Wyo., escorted McConnell away from the cameras and reporters.... A few minutes later, McConnell walked back to the press conference by himself. When asked about his health, he said he was fine." This is painful to watch: (Also linked yesterday.) The New York Times story is here. ~~~
Helene Cooper of the New York Times: "Even by the extraordinary standards of contemporary political theater, Wednesday's House Oversight subcommittee hearing on U.F.O.s stood out. There, in a somber chamber of the Rayburn House Office Building, a former national intelligence official told elected representatives that the U.S. government is sheltering alien spacecraft.... David Grusch..., in sworn testimony..., said that longstanding covert programs within the U.S. government possess materials of nonhuman origin that were taken from crash sites.... A succession of lawmakers rebuked what they characterized as decades of unnecessary secrecy in government programs that studied unexplained phenomena. Representative Tim Burchett, Republican of Tennessee, lamented a 'cover-up' that he said stretched far beyond partisan politics.... Under pressure from Congress, the Pentagon and intelligence agencies have gathered hundreds of reports of unexplained phenomena. Officials have said that most of the incidents involved airborne trash, Chinese spying efforts or weather balloons, and that none of the videos or other material collected provides evidence of alien visitation."
A Liar AND [Allegedly!] a Crook. Grace Ashford of the New York Times: "In the years since [Rep. George] Santos [R-N.Y.] first ran for the House in 2020, he has become adept at finding ways to extract money from politics. He founded a political consulting group that he marketed to other Republicans. He sought to profit from the Covid crisis, using campaign connections. And he solicited investments for and from political donors, raising ethical questions.... Mr. Santos ... has not been charged with personal use of campaign funds. But a review of his political career found several previously unreported examples of how he sought to use the connections he made as a candidate for public office to enrich himself." The writers open with a Santos scheme that sounded to the mark a lot like the fake Nigerian prince email scam. (Also linked yesterday.)
Perry Stein, et al., of the Washington Post: "A federal judge on Wednesday delayed accepting a plea deal for President Biden's son Hunter, saying the terms as written by prosecutors and defense lawyers may not be constitutional, but also signaling the agreement could be approved in the future. The deal that had been struck in June began to unravel near the start of the three-hour hearing. U.S. District Judge Maryellen Noreika asked a series of questions that revealed a disagreement between federal prosecutors and Biden's lawyers over whether the agreement -- in which he would plead guilty to two tax misdemeanors and likely avoid jail time -- would protect him from the possibility of additional criminal charges. The complications marked another twist in a case that has been clouded for years by questions about possible political bias, prosecutorial delay, and debate over whether Hunter Biden was being treated too harshly or too gently because of his father's status as a former vice president and, later, president." (Also linked yesterday.) The New York Times story is here. The Guardian's story is here.
How to Become a Multimillionaire on a Justice's Measly $285K Salary. Steve Eder, et al., of the New York Times: Book "deals have become highly lucrative for [Supreme Court] justices, including for those who have used court staff members to help research and promote their books.... Other federal judges are bound by the Code of Conduct for United States Judges.... One of the tenets ... says that 'a judge should not to any substantial degree use judicial chambers, resources or staff to engage in extrajudicial activities.'... The Times reported earlier this year that justices have heavily relied on their staff to support other paid outside work, including teaching, despite a judicial advisory opinion -- which the justices say they voluntarily follow -- that staff members should not help 'The Times reported earlier this year that justices have heavily relied on their staff to support other paid outside work, including teaching, despite a judicial advisory opinion -- which the justices say they voluntarily follow -- that staff members should not help 'in performing activities for which extra compensation is to be received.'"
Rebecca Shabad & Frank Thorp of NBC News: "Former New Jersey Gov. Chris Christie said Wednesday that it seems like Donald Trump's final White House chief of staff, Mark Meadows, might be cooperating with the federal probe into the former president. Christie was reacting to a brief exchange captured on video Wednesday morning in Washington between Meadows and an NBC News reporter, who asked Meadows whether he has testified before a federal grand jury. 'I don't talk about anything J6-related,' Meadows said.... 'Watching that video,' Christie said in an interview on MSNBC's 'Andrea Mitchell Reports,' 'that looks to me like somebody who is cooperating with the federal government.' Christie [-- a former U.S. attorney --] said witnesses who testify before grand juries can talk publicly about it if they want to. 'The only time you can't do it is when the government has a cooperation agreement with you and they say, "No talking about this; the only time we want to hear you talking is when you're on the witness stand,"' he said."
Jack, Call Mo. Vaughn Hillyard of NBC News: "Former Rep. Mo Brooks is 'mildly surprised' that special counsel Jack Smith's office has not sought a meeting with him to discuss his accusations that ... Donald Trump urged him to help 'rescind' the 2020 election.... Brooks, a Republican who represented an Alabama district in Congress, said in an interview that he would meet with prosecutors if they ask.... 'I was shocked [Trump] was so blatant about it -- illegal conduct.'... Brooks previously said Trump had made requests to overturn the 2020 election as late as September 2021.... 'Donald Trump wanted me to do four things: advocate rescinding the election, advocate physically removing Joe Biden from the White House, advocate reinstating Donald Trump as president of the United States and advocate a new special election for president of the United States -- all of which violate the U.S. Constitution and federal law,' Brooks said. 'And after I got done explaining that to him, he withdrew his endorsement and endorsed my opponent [in a primary race for a U.S. Senate seat].'" ~~~
~~~ Marie: It's possible that the reason Jack hasn't called Mo is that Jack has spoken to a dozen other members of Congress who told him the same thing: that Donald Trump told them to overturn the election in any number of ways that were clearly illegal or unconstitutional.
Michael Kranish of the Washington Post: "As Donald Trump considered another White House run last year, his company's finances were at risk of spiraling into crisis. The former president's longtime lender and several banks with his deposits had cut ties in the days around the Jan. 6 attack on the Capitol by his supporters, at a time when Trump had hundreds of millions in loans coming due. In February 2022, the accounting firm that had worked for him for two decades dropped Trump and advised against relying on his 'statement of financial condition,' a metric banks use to evaluate the risks of a loan.... One day after the warning ... became public..., -- a Republican donor named Gregory Garrabrants [-- the blunt-spoken president and CEO of Axos, a little-known online-only financial company] -- signed off on a $100 million loan for Trump Tower.... Three months later, Garrabrants approved a second deal that provided $125 million for Trump's Doral resort.... Axos also financed part of a loan that helped facilitate the $375 million purchase of Trump's D.C. hotel by a group of investors. The Axos loans to Trump were vital to stabilizing his post-presidential finances and enabling him to mount [his 2024] campaign."
Thief-in-Chief to Return Artefacts to Israel. Michael Sainato of the Guardian: "Donald Trump will finally return ancient artifacts sent to the US by Israel in 2019 after the items had a lengthy stay at Mar-a-Lago. Israel sent the items to the US in December 2019 for a Hanukkah event at the White House.... ended up [at Mar-a-Lago] when Republican donor Saul Fox gave them to the then president Trump at a [December] 2021 Hanukkah party at Mar-a-Lago. The items were entrusted to Fox after the outbreak of the Covid-19 pandemic delayed retrieval of the items as the Israel Antiquities Authority did not want to entrust the items to a shipping company. Fox told the Wall Street Journal that he thought the items were to be given to Trump permanently. Previous efforts by senior Israeli officials to retrieve the artifacts over the past several months had failed." (Also linked yesterday.) ~~~
~~~ Marie: According to the story, Fox gave the artifacts to "then president Trump" at a December 2021 Hanukkah party. But Trump was not president* (except maybe in his own mind) in December 2021. Weird. Here's a New York Times backstory that doesn't pretend Trump was still president* when Fox "gave" him the artifacts.
Alan Feuer of the New York Times: "Rudolph W. Giuliani has admitted that while acting as a lawyer for ... Donald J. Trump, he made false statements in asserting that two Georgia election workers had mishandled ballots while counting votes in Atlanta during the 2020 election. The admission by Mr. Giuliani came in court papers filed on Tuesday night as part of a defamation lawsuit that the two workers, Ruby Freeman and Shaye Moss, had brought against him in Federal District Court in Washington in December 2021. The suit accused Mr. Giuliani and others of promoting a video that purported to show Ms. Freeman and Ms. Moss -- who are mother and daughter -- of manipulating ballots while working at the State Farm Arena for the Fulton County Board of Elections.... But Mr. Giuliani, insisting that he still had 'legal defenses' in the case, said that he continued to believe his accusations about Ms. Freeman and Ms. Moss were 'constitutionally protected' under the First Amendment. He also refused to acknowledge that his statements had caused the women any damage...." Giuliani said he was making his admissions to save litigation costs. Politico's report is here. (Also linked yesterday.) ~~~
~~~ Marie: Yesterday MSNBC & CNN repeatedly played a video of false accusations Giuliani made against the women after the 2020 election. In the video, Rudy accuses them of "passing around USB ports," making the accusation even more ludicrous than intended. A "USB port" is where you dock a USB "flash drive" or "stick." That is, it's an outlet in the computer itself where you plug in a USB stick or other connector. If the women were passing around "ports," they would have had to surreptitiously hand off big ole computers. Just stupid.
Tom Jackman of the Washington Post: "A Kentucky man who was part of a mob smashing windows to the House Speaker's Lobby in the Capitol on Jan. 6, which led to Ashli Babbitt trying to climb through before being fatally shot by police, was convicted Thursday of two felonies and seven misdemeanors, including obstruction of an official proceeding and destruction of government property. Chad Barrett Jones, 45, of Mount Washington, Ky., was captured on video as part of a group of Donald Trump supporters cursing U.S. Capitol Police officers who were standing outside the glass doors to the Speaker's Lobby while members of Congress were preparing to evacuate as rioters neared."
Nicholas Kristof of the Washington Post has a fairly good column on the inequality inherent in college admissions policies.
Way Beyond the Beltway
Ukraine, et al.
The Washington Post's live briefing of developments Thursday in Russia's war on Ukraine is here: "Ukraine has launched a new push against Russian lines, achieving some gains in the south, Kyiv said. A U.S. official said it was unclear 'what the purpose' of these moves may be.... The goal of Ukraine's latest military push is to reach the Sea of Azov.... Swedish officials accused the Kremlin of backing a disinformation campaign to discredit Stockholm -- which is set to join NATO soon -- in the eyes of Muslims. Copies of the Quran have been burned at demonstrations in the country, triggering outrage among Muslims, including in Turkey, a NATO member country that was slow to agree to Sweden's accession to the transatlantic alliance.... The White House is exploring 'less efficient' land routes to export grain from Ukraine, after Russia withdrew from the Black Sea grain deal last week." ~~~
~~~ The Guardian's live updates for Thursday are here. The Guardian's summary report is here.
Charlie Savage of the New York Times: "President Biden has quietly ordered the U.S. government to begin sharing evidence of Russian war crimes in Ukraine with the International Criminal Court in The Hague, according to officials familiar with the matter, signaling a major shift in American policy. The decision, made by Mr. Biden in recent days, overrides months of resistance by the Pentagon, which had argued that it could pave the way for the court to prosecute American troops, according to the officials." The Guardian's story is here.
Israel. Patrick Kingsley & Aaron Boxerman of the New York Times: "Israel's Supreme Court said Wednesday that it would begin in September to review a contentious new law that diminishes the court's own role, setting the stage for a constitutional crisis and renewed social turmoil if the judges then overturn the legislation. The decision sets up a looming clash between the executive branch of government and the highest court in the land. The Supreme Court must now decide whether to reassert its dominance over Prime Minister Benjamin's Netanyahu's government -- or it must accept the move to reduce its own power. Either conclusion is likely to provoke widespread anger, since the issue has become a proxy for a much broader battle over Israel's character." (Also linked yesterday.)
U.K. Emine Sinmaz of the Guardian: "Kevin Spacey wept and said he was humbled after being cleared of sexual assault in one of the UK's most high-profile #MeToo trials. The 64-year-old Oscar-winning actor sobbed in the dock as he was found not guilty on Wednesday of sexually assaulting four men after a four-week trial at Southwark crown court." (Also linked yesterday.)
News Lede
Washington Post: "Charles Wurster, a scientist whose battle to ban pesticides helped save the bald eagle and other endangered bird species, and led to the founding of the Environmental Defense Fund, one of America's premier environmental groups, died July 6 at his daughter's home in Arlington, Va. He was 92."
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