Attention to the Unseen

NBC News reports: It’s long been Republican orthodoxy that no matter what Donald Trump does, the GOP base will stick with him. After his last indictment in New York, the party rallied around him. But this time, privately, Republicans aren’t so sure. An operative in Florida Gov. Ron DeSantis’ orbit, who requested anonymity to speak candidly without approval from higher-ups, said that “from an objective standpoint,” the federal charges Trump faces for his post-presidency handling of classified documents are far…

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Ronald Brownstein writes: The Republican response to Donald Trump’s latest criminal indictment offers a clear test of the famous saying that the definition of insanity is doing the same thing over again and hoping for a different result. The choice by Republican leaders, and even almost all of his 2024 rivals for the Republican presidential nomination, to unreservedly defend Trump after he was indicted earlier this year by the Manhattan district attorney helped the former president to widen his lead…

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Rolling Stone reports: Right up until the day Donald Trump’s federal indictment was unsealed, the legal team tasked with defending him was engaged in petty internal feuds — including fights over TV appearances, accusations of disloyalty, and even a so-called “coup,” three people familiar with the situation, as well as others on or close to Trump’s legal defense, tell Rolling Stone. The clashes were dramatic enough that Friday, hours before Trump’s federal indictment in the Mar-a-Lago documents probe was unsealed,…

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Eric Levitz writes: An ABC News–Ipsos poll released Sunday found that 47 percent of Americans believe the charges against Trump are “politically motivated” while only 37 percent believe they are not. In reality, however, the notion that the DOJ is selectively prosecuting Trump for political reasons is not merely wrong but the very opposite of the truth: As a matter of fact, the federal government has been affording Trump extraordinary leniency, likely as a product of political considerations. To appreciate this, it is…

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Former President Donald Trump on his airplane on June 10, 2023, two days after his federal indictment. Jabin Botsford/The Washington Post via Getty Images By Thomas A. Durkin, Loyola University Chicago and Joseph Ferguson, Loyola University Chicago Lawyer Thomas A. Durkin has spent much of his career working in national security law, representing clients in a variety of national security and domestic terrorism matters. Joseph Ferguson was a national security prosecutor in the U.S. Attorney’s Office for the Northern District…

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Norman L. Eisen, Richard W. Painter, and Fred Wertheimer write: Soon after the news broke that Donald Trump will become the first former president to face federal criminal charges—37 counts that include willful retention of national defense information under the Espionage Act, conspiracy to obstruct justice, concealing documents, and false statements—it was also revealed that Judge Aileen Cannon is scheduled to oversee the case. In our view as experts with more than a century of collective experience in judicial and other ethics questions, that…

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  The Hill reports: Former Attorney General Bill Barr called arguments being made by Republicans attempting to compare former President Trump’s handling of classified documents to previous presidents “big lies.” Barr was asked by “Fox News Sunday” host Shannon Bream to respond to comparisons of Trump leaving the White House with classified documents to former Presidents Clinton and Obama, and President Biden when he was vice president. Barr said that the difference is that other presidents worked with the National…

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The New York Times reports: The federal indictment of former President Donald J. Trump has unleashed a wave of calls by his supporters for violence and an uprising to defend him, disturbing observers and raising concerns of a dangerous atmosphere ahead of his court appearance in Miami on Tuesday. In social media posts and public remarks, close allies of Mr. Trump — including a member of Congress — have portrayed the indictment as an act of war, called for retribution…

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Former President Donald Trump was on the campaign trail in early June 2023, as an investigation continued that led to his indictment on federal charges. Andrew Caballero-Reynolds/AFP via Getty Images By Joseph Ferguson, Loyola University Chicago and Thomas A. Durkin, Loyola University Chicago Former President Donald Trump’s indictment by a federal grand jury in Miami includes 31 counts of violating a part of the Espionage Act of 1917. The Espionage Act has historically been employed most often by law-and-order conservatives….

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Tess Bridgeman and Brianna Rosen write: Military plans and capabilities, for example, are some of the most zealously guarded secrets a government can hold, because the compromise of that information can put at serious risk any military operations – and the lives of members of the armed forces – related to those plans or capabilities. It is also important to pay attention to the classification markings on the documents at issue in the 31 Espionage Act counts. These markings reflect…

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Turley later: "It's really breathtaking. Obviously, this is mishandling, you know, putting classified documents into ballrooms and bathrooms is — it borders on the bizarre. … the visual and audio tape evidence is really daunting" pic.twitter.com/7ElFhW5H7l — Lis Power (@LisPower1) June 9, 2023

The New York Times reports: The criminal case against President Donald J. Trump over his hoarding of classified documents was randomly assigned to Judge Aileen M. Cannon, a court official for the Southern District of Florida said on Saturday. The chief clerk of the federal court system there, Angela E. Noble, also confirmed that Judge Cannon would continue to oversee the case unless she recused herself. The news of Judge Cannon’s assignment raised eyebrows because of her role in an…

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Mark Joseph Stern writes: Cannon has been assigned to handle at least the initial phases of Trump’s federal indictment in Florida. Her name appeared on the summons sent to the former president, as did Bruce Reinhart’s, the magistrate judge who signed off on the Mar-a-Lago search warrant. (Magistrate judges may conduct preliminary proceedings in a criminal case, like authorizing a warrant, but it’s unlikely that Reinhart will play a major role here.) Typically, federal district court judges are assigned cases…

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The National Archives and Records Administration: How much time do outgoing Presidents have to go through their papers to determine what to retain as personal documents?  The Presidential Records Act (PRA) requires the President to separate personal documents from Presidential records before leaving office. 44 U.S.C. 2203(b). The PRA makes clear that, upon the conclusion of the President’s term in office, NARA assumes responsibility for the custody, control, preservation of, and access to the records of a President. 44 U.S.C. 2203(g)(1). The PRA makes…

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