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Secret Service

The United States v. Donald Trump

The Atlantic

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Donald Trump was arrested and arraigned today—without incident—and he has now pleaded not guilty to 37 charges tied to the alleged mishandling of classified documents. But before we see more possible indictments (from Georgia or the January 6 investigation), Americans should not lose sight of the astonishing charges read to Trump today in Florida.

First, here are three new stories from The Atlantic:

No one knows exactly what social media is doing to teens. The threat from Trump’s supporters has evolved. The plutocrat vs. the monopoly Toast.

Perhaps former Attorney General William Barr—not a man I am given to quoting approvingly—said it best:

I was shocked by the degree of sensitivity of these documents and how many there were ... and I think the counts under the Espionage Act that he willfully retained those documents are solid counts … If even half of it is true, then he’s toast.

I’m not so sure about the “toast” part. Trump lucked out by drawing Judge Aileen Cannon, whom he appointed and whose last involvement with one of his cases produced a decision so biased in his favor and so poorly reasoned that a federal appeals court—including two more Trump appointees—overturned her ruling in a judicial body slam. And a Florida jury raises the odds that someone in one panel will simply refuse to convict no matter how strong the case. (MAGA emotions are running high: Trump’s former aide Steve Bannon—the beneficiary of a last-minute Trump pardon—reacted to Barr’s comments with a warning: “We’re gonna shove this up your ass, okay?”)

Let’s just say that I will be pleasantly surprised if Trump one day faces anything worse than a few rounds of golf with an ankle monitor. But before the inevitable blizzard of motions and delays and general mayhem, I thought we should review the actual charges in the indictment itself.

First, here’s what the government claims Trump took to Florida:

The classified documents TRUMP stored in his boxes included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack. The unauthorized disclosure of these classified documents could put at risk the national security of the United States, foreign relations, the safety of the United States military, and human sources and the continued viability of sensitive intelligence collection methods.

Remember, no one on the Trump team is really disputing this. Some Republicans, in a desperate struggle with reality, are suggesting that Trump did nothing wrong, but Trump—who cannot stop talking—says he had the right to take anything he wanted, especially after rendering the documents harmless using the Kreskin Declassification Method.

But perhaps the materials were at least in a safe place:

Between January 2021 and August 2022, The Mar-a-Lago Club hosted more than 150 social events, including weddings, movie premieres, and fundraisers that together drew tens of thousands of guests.

Ah. But Trump has a Secret Service detail; could they help protect the documents?

[The Secret Service] was not responsible for the protection of TRUMP's boxes or their contents. TRUMP did not inform the Secret Service that he was storing boxes containing classified documents at The Mar-a-Lago Club.

Oh.

Meanwhile, Trump’s aides—including his alleged co-conspirator, Walt Nauta—were moving this stuff around. (Nauta was indicted on six counts, including obstruction and making false statements, and he has not yet entered a plea; he requested an extension on his arraignment, now set for June 27.) When some of the boxes toppled over, Nauta apparently took a picture of classified material:

On December 7, 2021, NAUTA found several of TRUMP’s boxes fallen and their contents spilled onto the floor of the Storage Room, including a document marked “SECRET//REL TO USA, FVEY,” which denoted that the information in the document was releasable only to the Five Eyes intelligence alliance consisting of Australia, Canada, New Zealand, the United Kingdom, and the United States. NAUTA texted Trump Employee 2, “I opened the door and found this …” NAUTA also attached two photographs he took of the spill. Trump Employee 2 replied, “Oh no oh no,” and “I’m sorry potus had my phone.” One of the photographs NAUTA texted to Trump Employee 2 is depicted below with the visible classified information redacted.

The only thing missing here is “Yakety Sax” as a soundtrack.

But perhaps Trump misunderstood or didn’t realize what he had, and he wanted to cooperate with the government to get the papers back where they belong? Unfortunately, one of Trump’s own lawyers made sure to memorialize Trump’s comments on that issue—because lawyers, despite the Stringer Bell Rule, know when to protect themselves by taking notes:

Well what if we, what happens if we just don’t respond at all or don’t play ball with them?

Wouldn’t it be better if we just told them we don’t have anything here? Well look isn’t it better if there are no documents?

In one of the more widely publicized moments described in the indictment, Trump was apparently recorded, during a meeting with a writer working on a book (who was accompanied by his publisher) and two of Trump’s staff, saying that he had a U.S. war plan against a foreign nation (read: Iran) in his hand. He is recorded as admitting both that the document is classified and that he no longer has the power to declassify it. But for those of us who have worked with classified information, Smith adds an important detail:

At the time of this exchange, the writer, the publisher, and TRUMP’s two staff members did not have security clearances or any need-to-know any classified information about a plan of attack on Country A.

If this happened, Trump released classified information to people who should not see classified information.

This incident is particularly galling because one of the president’s former attorneys, Robert Ray, has been arguing that although the charges in the indictment are serious, they don’t show evidence of damage to U.S. national security. This is a risible claim: No one, at this point, can say with any confidence whether American national security has or has not been damaged. We do not live in a movie where intelligence leaks produce clear and instant disasters.

But more to the point, even Ray admitted that the government doesn’t need to prove such harm; that’s not how any of this works. Trump faces 31 counts of “willful retention of national defense information,” not some notional charge of “actually damaging American security in some obvious way.” As a former Defense Department employee, I can only imagine what would have happened had I spirited boxes of classified information to my home and then, after my arrest, said, “Well, sure, I took it, but there’s no evidence I’ve hurt national security. At least not yet.”

Donald Trump is presumed innocent until proven guilty. Unfortunately, it will likely be a long time before we find out if our justice system is capable of Dropcapholding a former president to account. But if these charges were leveled against any other American citizen, they would be, in Bill Barr’s words, toast.

Related:

Will Trump get a speedy trial? This indictment is different. Today’s News Twenty-two U.S. service members were injured in a helicopter accident in northeast Syria. The novelist Cormac McCarthy has died at the age of 89. New York City Police Commissioner Keechant Sewell announced her resignation after 18 months in the role. Dispatches Up for Debate: Young people, parents, and educators reflect on the potential hazards of smartphones for children.

Explore all of our newsletters here.

Evening Read Rita Harper / eyevine / Redux

Killer Mike’s Critique of Wokeness

By Spencer Kornhaber

Killer Mike is a man of contradictions. He has campaigned for Bernie Sanders and rapped about celebrating Ronald Reagan’s death; he also supports gun ownership and speaks warmly about Georgia’s Republican governor, Brian Kemp. Years ago, he renounced the Christian faith he was raised with, but his first solo album in a decade, Michael—whose cover is a childhood photo of Mike, adorned with devil horns and a halo—is laden with gospel choirs and biblical references. “You don’t have to pick a side with me,” the 48-year-old said over Zoom, amid tokes from a joint. “You gonna go to church with me. You gonna go to the Blue Flame with me.”

That flexibility has, at times, invited controversy. Last year, a HuffPost column referred to the rapper as “more politically dangerous than Kanye West” because he’d praised Kemp’s outreach to Black constituents while the incumbent governor supported policies that Democrats say make it harder for those constituents to vote. Though many of his songs envision violent revolution, he went viral for asking protesters not to burn buildings during the George Floyd protests, leading some commentators to accuse him of playing to too many sides.

Read the full article.

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P.S.

Summer is here (pretty much), and I have begun to dive into books. I’m now done with the Washington Post reporter Ben Terris’s new book, The Big Break. If you ask me what it’s about, I will wave my hands at the hot mess of American politics and say, “All this,” but it’s actually a series of wonderfully rendered portraits of the people, as the subtitle puts it, who are “the gamblers, party animals and true believers trying to win in Washington while America loses its mind.” It’s my favorite kind of book about politics: informative but fun.

If you want a taste of it, the Post ran an excerpt a few months ago about the rise and fall of Sean McElwee, a 30-ish political operative. It’s a compelling read, and in one of his final conversations with Terris, McElwee sums up everything that can make a young person’s head spin in Our Nation’s Capital:  “You know the craziest thing?” McElwee says. “Before all this, I really thought everyone liked me.”

I’m enjoying the book, and you might too—if only because it will make you glad you don’t work in Washington.

— Tom

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Katherine Hu contributed to this newsletter.