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In Bid to Keep Executive from Accessing Executive Branch Documents, Trump Confesses to Obstruction

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emptywheel
Along with gaslighting about whether or not he had declassified the documents he stole from the Federal Government, Trump confessed to obstructing the investigation and blowing off a subpoena.
[Photo: Emily Morter via Unsplash]

Open Thread: Would You Fly to Dulles Wearing Golf Shoes?

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Rayne
Something more weird than usual may be going on in Washington DC tonight. Here's an open thread for idle speculation along with any other chatter needing an outlet.
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18 USC 793(g): Aileen Cannon's Order Would Not Forestall Flipping Trump's Custodian of Records

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emptywheel
DOJ doesn't intend to entirely halt the investigation into violations of the Espionage Act and obstruction while Aileen Cannon delays the other part of the investigation. And they have described next steps to include obtaining information uniquely available to Trump's Custodian of Records. 
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What Family Rifts at Funerals can Teach Us About Pardoning Presidents

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Peterr
The House of Windsor is learning that healing a broken family takes honesty and hard work. We could learn from them in dealing with Trump.
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DOJ Has at Least One Card Left to Play: Congress' Instinct for Self-Preservation

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emptywheel
By demanding a Special Master under ridiculous terms, Trump has guaranteed his legal woes with continue to suck the oxygen out of Republican attempts to win in November.
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Trump Proposes a New Plan to Steal Classified Documents

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emptywheel
Trump's Special Master plan is a way for him to steal documents from the CIA and NSA and retain access forever.
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Perfect Specimen: Government Records about the Mazars Lawsuit and Trump's COVID Treatment Would Be Government Records

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emptywheel
Even amidst several other dishonest claims on which Judge Aileen Cannon rested her decision to intervene in the Trump search, she did not claim that the medical, accounting, and tax records described in a still-sealed privilege review status report were not government documents.
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A Likely Looming Battle in the Stolen Document Case: Classified White House Counsel Documents

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emptywheel
DOJ says the government owns all the classified documents seized from Trump's club. But that also may include highly sensitive documents classified precisely to hide them from the taxpayers who paid for the lawyers involved.
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The Tactics of DOJ's Request for a Partial Stay of Judge Cannon's Order

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emptywheel
DOJ's motion for a partial stay pending appeal strikes me as an effort to improve their tactical position going forward. To refuse this order, Aileen Cannon would have to assert that the Federal Government doesn't own its secrets. I don't rule out that she'll do so. But if she does, it'll make an appeal far more modest, and her malign intent far more obvious. 
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Regina Mortua Est, Vivat Rex

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Rayne
The longest-reigning British monarch, Elizabeth II, has died today in Balmoral, Scotland.
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Hatchet Speed Arrested on a Small Part of his $50,000 "Panic Buying" Arsenal

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emptywheel
DOJ just arrested Hatchet Speed, a formerly cleared defense contractor and January 6 trespasser who continues to train at Andrews Air Force Base in his job in the Navy Reserve, on felony firearms charges. He's another example why January 6 trespassers remain an urgent threat.
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Team Trump Knows Details of the Investigation that Jay Bratt Does Not -- and Trump's Already Leaking Them

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emptywheel
Marco Rubio falsely claimed that only the Justice Department knows what was the FBI seized in Trump's leatherbound box on August 8. That's obviously false. Trump himself knows what he had stashed away. But as of last Thursday, there are things that Trump's team knows that prosecutor Jay Bratt does not. And Trump is already leaking about it.
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NARA May Have Pre-Existing Legal Obligations with Respect to Documents Covered by Aileen Cannon's Order

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emptywheel
There are at least four legal requests pending at NARA -- two sets of subpoenas pertaining to January 6, discovery requests pertaining to Tom Barrack's prosecution, and a subpoena from Peter Strzok -- that might represent legal obligations on the rightful owner of the 11,282 government documents seized from Mar-a-Lago on August 8 that pre-dates Judge Cannon's order limiting access to them.
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Aileen Cannon Prioritized Donald Trump's Reputation over CIA Assets' Lives

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emptywheel
Donald Trump has already been given 18 months during which his failure to prevent leaks of highly classified documents could get people killed. Yesterday, Judge Aileen Cannon ruled that -- to protect him from merely hypothetical leaks -- he must be given more time to get people killed.
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Judge Aileen Cannon's Funny Ideas about Being Owned

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emptywheel
In order to shut down a criminal investigation into why Trump stole highly classified documents, Aileen Cannon has totally upended the property structures before her, presumptively granting Trump ownership rights even she admits she cannot give him.
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Aileen Cannon Calls an Investigation into "What's Literally a Stolen Diary" ... "Politicized"

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emptywheel
Aileen Cannon believes that an investigation into the theft of tax and medical records from Ashley Biden must be politicized, even if it was predicated under Bill Barr and Jeffrey Rosen.

Judge Aileen Cannon Thinks 64 Tax and Medical Records No Investigator Has Read are More Important than 11,282 Stolen Government Documents

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emptywheel
Judge Aileen Cannon thinks the privacy interest Trump has in some MAGA hats and tax records the investigative team hasn't seen outweigh the government's interest in criminally investigating the 11,282 stolen documents seized on August 8.
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Evan Corcoran Keeps Arguing that Evan Corcoran Didn't Do a Diligent Search

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emptywheel
Trump's lawyers, including Evan Corcoran, keep claiming they have no idea what was in the boxes seized on August 8 or where they were stored. But in June, Corcoran told the FBI he knew what was stored where.
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"Desperate at Best:" Igor Danchenko Starts Dismantling John Durham's Case against Him

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emptywheel
In a motion to dismiss the indictment against him, Igor Danchenko reveals that investigators never even asked him about several things that are central to John Durham's indictment against him.

On Serena

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bmaz
Not really a Trash Talk. The stage is changing in women's tennis. Serena beat Kontaviet, which was kind of unexpected. But lost to Ajla Tomljanovic. Not sure that was unexpected. Time comes for all of us. Even Serena. Long ago, Serena came for…
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