Attention to the Unseen

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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David Frum writes: It’s as sincere as the grief at a Mafia funeral. Who believes that Governor Ron DeSantis—so badly trailing in the polls behind former President Donald Trump—is genuinely upset by his rival’s federal indictment? Or that Speaker Kevin McCarthy—so disgusted by Trump in private—does not inwardly rejoice to see Trump meet justice? The Fox News talkers have been trying for months to sideline Trump and promote DeSantis. Now they have a turn of events that promises both to…

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The Washington Post reports: Former president Donald Trump said Thursday night that he’s been charged by the Justice Department in connection with the discovery that hundreds of classified documents were taken to his Mar-a-Lago home after he left the White House — a seismic event in the nation’s political and legal history. Several Trump advisers confirmed the charges. Trump, who is the frontrunner for the 2024 Republican presidential nomination, said he has been summoned to appear in federal court in…

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Mark Joseph Stern writes: The Supreme Court’s 5–4 decision in Allen v. Milligan on Thursday, which found that Alabama’s congressional map violates the Voting Rights Act’s ban on racial vote dilution, sends two clear messages. First, a bare majority of the court—Chief Justice John Roberts, Justice Brett Kavanaugh, and the three liberals—believes that the VRA still plays a meaningful role in maintaining a multiracial democracy (or is willing to defer to Congress’ judgment on the matter). Second, that same majority of the court does…

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The Independent reports: Over the course of the last year, grand jurors have heard testimony from numerous associates of the ex-president, including nearly every employee of Mar-a-Lago, former administration officials who worked in Mr Trump’s post-presidential office and for his political operation, and former high-ranking administration officials such as his final White House chief of staff, Mark Meadows. Mr Meadows has already given evidence before the grand jury and is said to be cooperating with the investigation into his former…

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Andrew Weissmann and Ryan Goodman write: An indictment does not have to spell out the alleged facts; it just needs to track the legal elements of a criminal charge. However, to explain to the American public why this is a righteous case, this indictment could (and should) be what is known as a “speaking indictment” and lay out specific obstruction evidence, such as former White House counsel and personal Trump lawyers advising the former president to return the documents; Trump’s…

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Aaron Blake writes: The pollster YouGov recently provided the most in-depth data on views of Trump’s legal jeopardy since shortly after his indictment in late March. It tested which of Trump’s various legal problems were viewed as potentially “serious crimes,” and how much people regard such “serious crimes” as being disqualifying. The first thing to note: As with previous polls, people are less concerned about the charges Trump faces in Manhattan. While 52 percent of Americans regard it as a…

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Rolling Stone reports: Republicans in the Wisconsin Legislature introduced a package of bills this week to “clarify” the state’s abortion ban, 174 years after it became law. The 1849 ban, which criminalizes abortion in every circumstance, except to save the pregnant person’s life, went back into effect last June after 50 years of obsolescence. It’s a deeply unpopular law: By margins of 2 to 1, voters said it should be repealed in every single county where the question was on…

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