Attention to the Unseen

The New York Times reports: President Trump was proudly litigious before his victory in 2016 and has remained so in the White House. But one big factor has changed: He has drawn on campaign donations as a piggy bank for his legal expenses to a degree far greater than any of his predecessors. In New York, Mr. Trump dispatched a team of lawyers to seek damages of more than $1 million from a former campaign worker after she claimed she…

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Anne Applebaum writes: Fate offered Peter Strzok a place in history that he never sought. The son of an Army officer, Strzok also served in the United States military before joining the FBI’s counterintelligence operation in 1996. He excelled at his job: In 2001, he was part of the team that tracked and arrested a network of Russian “illegals” who had been living in the U.S. for many years under deep cover. But those were not the cases that brought…

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Reuters reports: Seven years after former National Security Agency contractor Edward Snowden blew the whistle on the mass surveillance of Americans’ telephone records, an appeals court has found the program was unlawful – and that the U.S. intelligence leaders who publicly defended it were not telling the truth. In a ruling handed down on Wednesday, the U.S. Court of Appeals for the Ninth Circuit said the warrantless telephone dragnet that secretly collected millions of Americans’ telephone records violated the Foreign…

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Richard L. Hasen writes: President Donald Trump on Thursday repeated his encouragement to his supporters to vote twice, first by mail and then—if election officials allow—in person. Voting twice—as the president requests—is not only illegal, but a recipe for chaos in November. Perhaps that is exactly the point. Trump defended his call as a way to test the system against voter fraud, but it’s like encouraging his supporters to try to rob the 7-Eleven to make sure that the police…

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The Washington Post reports: Federal prosecutors are preparing to charge longtime GOP fundraiser Elliott Broidy in connection with efforts to influence the U.S. government on behalf of foreign interests, according to people familiar with the matter, a result of a sprawling, years-long investigation that involved a figure who helped raise millions for Donald Trump’s election and the Republican Party. Broidy is under scrutiny for his alleged role in a campaign to persuade high-level Trump administration officials to drop an investigation…

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Ryan Goodman writes: With unprecedented numbers of Americans starting to cast early votes in the presidential election come mid-September, many eyes are on what Attorney General William Barr and his colleagues in the Justice Department will do. If they abide by a longstanding Justice Department rule of forbearance — sometimes called the 60 or 90-day rule — they will refrain from public indictments or other overt disclosures in cases that could affect the election. Prosecutors would, instead, conscientiously defer such…

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The New York Times reports: A Federal District Court judge may go forward with his plans to scrutinize the Justice Department’s request to drop the prosecution of President Trump’s former national security adviser Michael T. Flynn, a full appeals court ruled on Monday. A three-judge panel on the court had earlier ordered the judge to end the case immediately. Separately, a panel on that same court ruled for a second time that the House cannot sue Donald F. McGahn II,…

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Politico reports: A former senior ethics official and lawyer on the National Security Council has filed a complaint with a Pentagon watchdog raising concerns that he was retaliated against for reporting that the national security adviser and his chief of staff “committed several ethics and legal compliance violations” late last year and into 2020. Lt. Col. Yevgeny Vindman, the twin brother of impeachment witness Lt. Col. Alexander Vindman (Ret.), filed the complaint on August 18, according to his attorneys and…

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The Washington Post reports: The New York attorney general is investigating President Trump’s private business for allegedly misleading lenders by inflating the value of its assets, the attorney general’s office said Monday in a legal filing. In the filing, signed by a deputy to Attorney General Letitia James, the attorney general’s office said it is investigating Trump’s use of “Statements of Financial Condition” — documents Trump sent to lenders, summarizing his assets and debts. The filing asks a New York…

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The Guardian reports: The attorney general, William Barr, told Rupert Murdoch to “muzzle” Andrew Napolitano, a prominent Fox News personality who became a critic of Donald Trump, according to a new book about the rightwing TV network. Barr’s meeting with Murdoch, at the media mogul’s New York home in October 2019, was widely reported at the time, with speculation surrounding its subject. According to Hoax: Donald Trump, Fox News and the Dangerous Distortion of Truth, by CNN media reporter Brian…

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Isaac Chotiner spoke to Bloomberg‘s Joshua Green about Steve Bannon and the federal criminal charges he now faces: When did you hear about the charges, and what do you make of them? I was actually out on a boat in the middle of a lake, and I looked at my phone and I had five texts that all said the same thing from different people: “Holy fuck, Bannon.” And I knew the moment had arrived when he had stepped in…

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The Intercept reports: President Donald Trump’s campaign, ordered by a federal court judge in Pennsylvania to back up its claims of fraud in the state’s vote-by-mail system, has documented only a handful of cases of election fraud in recent years — none of which involved mail-in ballots. The revelation, which came in the form of a partially redacted 524-page document produced by the Trump campaign last week, undermines the claim by Trump team operatives that mail-in ballot fraud is a…

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Barbara McQuade and Chuck Rosenberg write: Materiality appears to mean different things to the leadership of the Justice Department these days, depending on the defendant. An FBI lawyer named Kevin Clinesmith will reportedly soon plead guilty to a felony in federal district court. According to the charges filed against Clinesmith, he made a false statement to a colleague that was relayed to the Foreign Intelligence Surveillance Court, in connection with an FBI application to surveil Trump campaign foreign policy adviser…

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