Tag: trump documents case
Corruption Or Incompetence? With Judge Aileen Cannon, Maybe Both

Corruption Or Incompetence? With Judge Aileen Cannon, Maybe Both

Okay, it’s a complicated case, but this is getting ridiculous. I read the five-page order by Judge Aileen Cannon delaying Donald Trump’s classified documents case, so you don’t have to. You may not be able to remember back far enough to recall what this criminal prosecution is about, so here’s a brief summary.

Donald Trump literally had a Hertz rental truck pulled up next to the White House on January 20, 2021 so he could have his aides load dozens of boxes of documents he was taking with him to Mar-a-Lago in violation of the Presidential Records Act, which makes all records and documents produced during a president’s time in office the property of the government.

When later that year, the National Archives contacted Trump and demanded the return of the documents, he stalled, making all sorts of claims that the documents were his private property. The National Archives had to threaten to go to the Department of Justice for Trump to turn over 15 boxes of presidential records in January of 2022. In the 15 boxes, the National Archives found a trove of top-secret documents, and going through them, determined that it was likely that more classified documents were missing and demanded those, too.

Trump stalled again, finally agreeing to turn over some classified documents to lawyers for the DOJ in June of 2022. But before the DOJ lawyers arrived at Mar-a-Lago, Trump had his “body man” aide, Walt Nauta, move boxes of classified documents all around the Palm Beach property so (1) his own lawyer couldn’t find them when he did a “due diligence” search, and (2) the DOJ couldn’t find them when they showed up in June to collect the few documents Trump was turning over.

The DOJ analyzed the top-secret documents in the stash Trump turned over, and they interviewed witnesses from Mar-a-Lago, and determined that there were likely more documents stored there. They got a warrant and searched the place on August 8, and discovered more than 100 additional top-secret documents, some of them regarding secrets about the nation’s nuclear weapons stockpile.

Special Counsel Jack Smith was appointed to investigate Trump, and in the summer of 2023, Trump was indicted on 40 felony charges of stealing and mishandling government documents, including national security information.

The case was assigned to Judge Cannon, and she started stalling, issuing several bogus rulings on motions by the defense that were overturned on appeal to the 11th Circuit Court of Appeals in Atlanta. Then she continued to stall, as Trump’s lawyers filed one motion after another to delay the case.

Now here we are in the spring of 2024, more than four years after the National Archives demanded the return of the documents Trump stole, and Judge Cannon, with legal shovel in hand, has dug yet another trench in the warfare that she and Trump’s lawyers have been waging against Special Counsel Smith. They’re trying to wait out the campaign season, so Trump doesn’t go to trial before the election and get convicted, because they know the evidence is against them. He did take the top-secret documents. He did store them in a ballroom and bathroom and inside his own office at Mar-a-Lago. He did move some of them to his golf club in New Jersey. They’ve got the documents, they’ve got video taped evidence of the movement of the boxes within Mar-a-Lago, they’ve got testimony by Mar-a-Lago employees that they were acting on Trump’s orders.

They’ve got him.

But they’ve also got Judge “I’m just a little ‘ole MAGA girl from Florida” Cannon, and she issued an order today that’s a doozy. She is going to hold a hearing on every single motion Trump has filed right up to and including a request to go to the bathroom. Here are some of the hearings Cannon says must take place before she can even schedule a trial date:

Resolution of Pending Seal Requests May 20

Non-Evidentiary Hearing on Defendant Nauta’s Motion to Dismiss for Selective and Vindictive Prosecution May 22

Non-Evidentiary Hearing on Defendants’ Motion to Dismiss Indictment for Insufficient Pleading May 22

Discovery Status Reports (Special Counsel; Consolidated Defense) May 31, 2024

Defendants’ Rule 16 Expert Disclosures June 10

CIPA § 5 Notice as to All Defendants June 17

Non-Evidentiary Hearing on Motion to Dismiss Indictment Based on Unlawful Appointment and Funding of Special Counsel June 21

Partial Evidentiary Hearing on Defendants’ Consolidated Motions to Compel Discovery and to Define Scope of Prosecution Team June 24-26

Special Counsel’s Supplemental Expert Disclosures (if any) July 9

Special Counsel’s CIPA § 6(a) Defense Reciprocal Discovery July 10

Defendants’ Combined Speedy Trial Report July 19

Status Conference July 22

Supplemental CIPA § 4 Hearing (Sealed/Ex Parte) July 22

Now listen to her: “The Court also determines that finalization of a trial date at this juncture—before resolution of the myriad and interconnected pre-trial and CIPA issues remaining and forthcoming—would be imprudent and inconsistent with the Court’s duty to fully and fairly consider the various pending pre-trial motions before the Court…Finally, the Court has evaluated the statutory factors set forth in the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B), including the public’s interest in the efficient administration of justice. Upon such review, the Court finds that the ends of justice served by this continuance, through the last deadline specified in this Order, July 22, 2024, outweigh the best interest of the public and Defendants in a speedy trial.”

Got that? Judge “I had to use spellcheck on the word ‘speedy’” Cannon has allowed Trump and Nauta and any wino wandering in off the street in Fort Pierce, Florida, to file any motion they wanted for more than a year, and now she has determined that Donald Trump won’t go on trial until a fucking rooster crows somewhere on an icy peninsula in Outer Mongolia because…uh…let me check my first year law school notes here…“the ends of justice” command it so.

I’ve got two words for you: Mitch McConnell. He’s the right-wing double-dealing backstabber who put two justices on the Supreme Court by violating rules he, himself, had set, and he’s the Federalist Society sock puppet who put AI bots like Aileen Cannon on the federal bench so she could look after the interests of the Republican Party and any flaming asshole they decided to run for president, right up to and including Donald “Excuse me while I expel a fart and pee in my diaper” Trump.

Benjamin Franklin said we’ve got a Republic if we can keep it. This isn’t what Franklin had in mind. This is throwing everything generations of Americans have fought and lost their lives to defend out with the trash.

Lucian K. Truscott IV, a graduate of West Point, has had a 50-year career as a journalist, novelist, and screenwriter. He has covered Watergate, the Stonewall riots, and wars in Lebanon, Iraq, and Afghanistan. He is also the author of five bestselling novels. You can subscribe to his daily columns at luciantruscott.substack.com and follow him on Twitter @LucianKTruscott and on Facebook at Lucian K. Truscott IV.

Please consider subscribing to Lucian Truscott Newsletter, from which this is reprinted with permission.

A Key Witness From Mar-a-Lago Flips In Florida Documents Case

A Key Witness From Mar-a-Lago Flips In Florida Documents Case

It’s always a good thing when you wake up from a nap and find yourself immediately searching for a metaphor. Today we’re looking for a metaphor to describe the first witness in a case against Defendant Trump to flip: Trump Employee 4 in the classified documents case in Florida has fired the lawyer supplied to him by his boss, one Stanley Woodward, who also represents defendant Walt Nauta, and signed up a public defender. The witness, Mar-a-Lago information technology director Yuscil Taveras, has withdrawn his previous testimony to prosecutors and has decided to tell the truth.

So, how to describe this stunning development? Has the earth begun shaking? Did a dam break? Has a tiny snowball on the side of a mountain begun to roll downhill starting an avalanche?

You will recall the witness we have called “the IT guy” as the Mar-a-Lago employee who expressed doubts to Nauta when he was told that “the boss” wanted the drives wiped that contained security footage at Mar-a-Lago. He wasn’t sure that was the right thing to do, the indictment suggested. But there wasn’t anything solid in the indictment tying Defendant Trump to the attempt to conceal video evidence that showed boxes of documents being moved around Mar-a-Lago by Nauta and the other employee indicted in the case, property manager Carlos De Oliveira.

Now Taveras, who received a target letter from the office of Special Counsel Jack Smith in June, has changed his tune. He was warned by prosecutors that he might be indicted for lying to the grand jury in March when he was represented by the Trump-supplied lawyer, Woodward. Taveras has entered into an agreement with the special counsel that does not require him to plead guilty to any charges. In exchange, Taveras has agreed to provide truthful testimony about the circumstances surrounding the obstruction of justice charges against De Oliveira and Nauta in the superseding indictment.

Taveras had denied that he spoke with anyone at Mar-a-Lago about deleting security camera footage. Taveras also apparently denied that he had been “coached” by anyone about his testimony before the grand jury. However, after firing Woodward and getting a public defender as his new attorney, Taveras remembered that De Oliveira had pressured him to find a way to delete the security footage at the behest of “the boss.” Taveras has apparently now confirmed to investigators that he understood “the boss” to refer to Trump and that it was Trump himself who had requested that the security footage be deleted.

A court filing from the special counsel’s office on Tuesday confirmed that Taveras has flipped and changed his testimony. “Immediately after receiving new counsel, Trump Employee 4 retracted his prior false testimony and provided information that implicated Nauta, De Oliveira, and Trump in efforts to delete security camera footage, as set forth in the superseding indictment,” the special counsel’s filing reported. “The Government anticipates calling Trump Employee 4 as a trial witness and expects that he will testify to conduct alleged in the superseding indictment regarding efforts to delete security footage.”

Taveras is the first witness in any of the cases against Defendant Trump who has flipped, agreed to cooperate with prosecutors and provide testimony that will be used in the classified documents case in court against Defendant Trump and others.

There are 19 co-defendants in the RICO indictment brought against Trump in the state of Georgia by District Attorney Fani Willis. It’s not going to take a seismograph to detect the earthquake in Georgia when some of the defendants start going hat in hand to Willis’ office and offering to testify against each other and Defendant Trump himself.

Lucian K. Truscott IV, a graduate of West Point, has had a 50-year career as a journalist, novelist, and screenwriter. He has covered Watergate, the Stonewall riots, and wars in Lebanon, Iraq, and Afghanistan. He is also the author of five bestselling novels. You can subscribe to his daily columns at luciantruscott.substack.com and follow him on Twitter @LucianKTruscott and on Facebook at Lucian K. Truscott IV.

Please consider subscribing to Lucian Truscott Newsletter, from which this is reprinted with permission.

Upholding Justice Department, 11th Circuit Panel Spanks Cannon Hard

Upholding Justice Department, 11th Circuit Panel Spanks Cannon Hard

Only 48 hours after the Trump legal team filed its response to the Justice Department’s request that the 11th Circuit Court of Appeals end the restrictions imposed on the 100 folders of highly classified documents, that appeals court -- citing legal precedent after precedent after precedent -- eviscerated the order handed down by Florida District Court Judge Aileen Cannon and ruled in the government’s favor.

In a scorching decision, the panel of three judges – two appointed by Trump and one by Obama -- found that Cannon erred on nearly every point of the law and procedure. The circuit court ordered that her restriction on the DOJ’s use of the classified documents is “stayed,” or lifted, as well as her requirement that “the government…submit the classified documents to the special master for review.”

The legalese is a bit dense, but that sounds an awful lot to me like the circuit court has told the DOJ that it does not have to submit the classified documents seized from Mar a Lago to the special master for review. That part of Cannon’s order is now moot, and the special master will not have to ensure that everyone reviewing the documents has a security clearance high enough to do so.

The circuit court appeared to rely heavily on the government’s “need to know” rules about classified documents, that anyone seeking to see, or even hold onto classified documents must not only have an appropriate security clearance but must establish a “need to know” in order to have the documents. The circuit court found that Trump had “no possessory interest” in the documents because their classified markings clearly show they belong to the government.

“For our part,” the court wrote, “we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings.”

The court went on to complete its cancellation of Trump’s legal arguments by noting, “Plaintiff [Trump] has not even attempted to show that he has a need to know the information contained in the classified documents. Nor has he established that the current administration has waived that requirement for these documents. And even if he had, that, in and of itself, would not explain why Plaintiff has an individual interest in the documents.”

KAPOW!

Further, the court takes apart Trump’s continued insistence that he had somehow declassified the documents at some unspecified point in the past: “Plaintiff suggests that he may have declassified these documents when he was President. But the record contains no evidence that any of these records were declassified. And before the special master, Plaintiff resisted providing any evidence that he had declassified any of these documents.”

BAM!

That’s where demanding a special master got him, and that’s where allowing his team to request Judge Raymond Dearie to serve in that capacity ended him up.

The circuit court went on to consider Trump’s argument, endorsed by Judge Cannon, that he would suffer irreparable harm due to “the threat of future prosecution and the serious, often indelible stigma associated therewith.” Disposing of that fiction, the court quoted a precedent that noted “if the mere threat of prosecution were allowed to constitute irreparable harm . . . every potential defendant could point to the same harm and invoke the equitable powers of the district court.”

BOOM!

As if all that were not enough, the Circuit Court spends about three pages enumerating all the procedures involved in the classification of documents and the rules necessary to protect them from exposure to forces hostile to the national security of the United States.

“We are not persuaded,” the court wrote, with the arguments made by Judge Cannon that a national security review of the classified documents could continue while restrictions remained on the DOJ and FBI. Endorsing the government’s argument to the contrary, the court continued, “The United States explains that there are circumstances where its national-security assessment of the classified materials is inextricably intertwined with the criminal investigation…thus, an injunction delaying (or perhaps preventing) the United States’s criminal investigation from using classified materials risks imposing real and significant harm on the United States and the public.”

THUMP!

Finally, the circuit court took on Judge Cannon’s order that the special master should review the classified documents for possible protection under executive privilege. “The United States also argues that allowing the special master and Plaintiff’s counsel to examine the classified records would separately impose irreparable harm. We agree,” the court states plainly. Pointing Cannon to a precedent whose importance she should have recognized, the court went on to say, “The Supreme Court has recognized that for reasons ‘too obvious to call for enlarged discussion, the protection of classified information must be committed to the broad discretion of the agency responsible, and this must include broad discretion to determine who may have access to it.’”

ZANG!

The whipped cream on the pie the circuit court launches into the face and reputation of Cannon is found in the final two pages of its decision and is worth quoting in full here. Analyzing whether Trump would be “substantially injured” by lifting the restrictions on the classified documents imposed by Judge Cannon, the court concludes:

First, as we have explained, Plaintiff does not have a possessory interest in the documents at issue, so he does not suffer a cognizable harm if the United States reviews documents he neither owns nor has a personal interest in.

Second, we find unpersuasive Plaintiff’s insistence that he would be harmed by a criminal investigation. “Bearing the discomfiture and cost of a prosecution for crime even by an innocent person is one of the painful obligations of citizenship.” Cobbledick v. United States, 309 U.S. 323, 325 (1940).

Third, because of the nature of the classified materials at issue here and based on the record, we have no reason to expect that the United States’s use of these records imposes the risk of disclosure to the United States of Plaintiff’s privileged information.

THWACK!

The 11th Circuit Court of Appeals punishing rejection of both Cannon’s order and Donald Trump’s legal reasoning is complete.


Lucian K. Truscott IV, a graduate of West Point, has had a 50-year career as a journalist, novelist, and screenwriter. He has covered Watergate, the Stonewall riots, and wars in Lebanon, Iraq, and Afghanistan. He is also the author of five bestselling novels. You can subscribe to his daily columns at luciantruscott.substack.com and follow him on Twitter @LucianKTruscott and on Facebook at Lucian K. Truscott IV.

Reprinted with permission from Lucian Truscott Newsletter

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