August 9, 2022
This afternoon, Representative Scott Perry (R-PA) said the FBI has confiscated his phone after presenting him with a search warrant.
Perry was deeply involved in the attempt to overturn the results of the 2020 election. He connected former president Trump with Jeffrey Clark, the environmental lawyer for the Department of Justice (DOJ) who supported Trump’s claims and who would have become acting attorney general if the leadership of the DOJ hadn’t threatened to resign as a group if Trump appointed him. Cassidy Hutchinson, former top aide to Trump’s White House chief of staff Mark Meadows, told the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol that Meadows burned papers after a meeting with Perry.
The DOJ searched Clark’s home in June. On the same day, it seized the phone of John Eastman, the author of the memo laying out a plan for then–vice president Mike Pence to refuse to count presidential electors for Democratic candidate Joe Biden and thus throw the election to Trump.
Eastman sued to get his phone back and to force the government to destroy any information agents had taken from it; the Department of Justice says the phone was obtained legally and that purging it would be “unprecedented” and “would cause substantial detriment to the investigation, as well as seriously impede any grand jury’s use of the seized material in a future charging decision.” A court hearing on the matter is scheduled for early September.
Trump and his supporters have spent the day complaining bitterly about yesterday’s search of Mar-a-Lago by the FBI, painting it an illegal “witch hunt” and threatening to launch a “revolution” over it. A search warrant requires a judge to sign off on the idea that there is probable cause to believe a crime has been committed and that a search will provide evidence of that crime. While the FBI cannot release the search warrant, Trump has a copy of it and could release it if he wanted to.
Legal analyst Andrew Weissmann, who spent 20 years at the Department of Justice, pointed out on Twitter that the law requires the FBI to give Trump an inventory of what they found. If indeed he wants to claim the search was a witch hunt and he had no government property in his home, he should release the search inventory.
Kyle Cheney at Politico noted that on January 19, 2021, the day before he left office, Trump revoked the authority he had previously given and named seven new loyalists as his representatives to the National Archives with regard to his presidential records. They were Meadows; then–White House counsel Pat Cipollone; then–deputy White House counsel Patrick Philbin; lawyer John Eisenberg, who as legal advisor to the National Security Council tried to keep the story about Trump’s call to Ukraine’s Volodymyr Zelensky under wraps; Scott Gast, also of the White House counsel’s office during Trump’s term; lawyer Michael Purpura; and lawyer Steven Engel, who argued that Congress could not subpoena White House advisors.
Meanwhile, Sadie Gurman, Alex Leary, and Aruna Viswanatha of the Wall Street Journal reported today that the Mar-a-Lago search came out of the concern of federal agents that Trump had not returned all the classified documents he took from the White House. In January of this year, the National Archives and Records Administration retrieved 15 boxes of material, including records that had been torn into pieces. Yesterday, federal officials retrieved about 10 more boxes.
Tonight, Representative Jim Banks (R-IN) told Fox News Channel personality Laura Ingraham that 12 Republican members of the House of Representatives met with Trump tonight, told him they stand with him, and urged him to run for president in 2024. They want to see Representative Kevin McCarthy (R-CA) as speaker of the house and Representative Jim Jordan (R-OH) as chair of the Judiciary Committee.
Three judges from the D.C. Circuit Court of Appeals today upheld a ruling from a lower court that said the House Ways and Means Committee can see Trump’s tax returns. The committee began the journey to look at them back in 2019. Trump can appeal to the full bench or to the Supreme Court. The House Ways and Means Committee said it expects “to receive the requested tax returns and audit files immediately.”
Today, President Biden signed the CHIPS and Science Act of 2022 into law. The new measure will provide $52.7 billion in subsidies to semiconductor production in the U.S. and invest in science and technology. Biden noted that with signing of the bill into law, Micron would announce a $40 billion investment in new chip-manufacturing facilities in the United States through the end of the decade, and GlobalFoundries and Qualcomm “announced yesterday a $4 billion partnership to produce chips in the U.S. that would otherwise have gone overseas.”
“Fundamental change is taking place today—politically, economically, and technologically—change that can either strengthen our sense of control and security, of dignity and pride in our lives, in our nation; or—or change that weakens us so that people are left behind, causing them to question whether or not the very institutions—our economy, our democracy itself — can still deliver for them, for everybody,” Biden said.
Pleased to be signing the bill that invests in our technological future into law, Biden said: “[D]ecades from now, people are going to look back at this week, with all we’ve passed and all we’ve moved on, that we met the moment at this inflection point in history—a moment when we bet on ourselves, believed in ourselves, and recaptured the story, the spirit, and the soul of this nation. We are the United States of America, a singular place of possibilities…. I promise you, we’re leading the world again for the next decades.”
—
Notes:
https://talkingpointsmemo.com/news/appeals-court-house-ways-and-means-committee-trump-tax-returns
https://www.politico.com/news/2022/08/08/doj-pushes-against-eastman-cellphone-00050419
https://www.reuters.com/technology/biden-sign-bill-boost-us-chips-compete-with-china-2022-08-09/
https://www.archives.gov/files/foia/wh-ltr-to-u.s.-archivist-trump-pra-rep-1.19.2021.pdf
The way the Republicans consistently play this game is to explode with outrage without an iota of curiosity about the facts. It's like watching a really bad movie over and over again. If we learn that the FBI agents found evidence of a serious crime, the GOP lackeys will claim it was either planted or create a charade of lies about some other issue to deflect.
It's very intriguing if the 10 boxes contain material not returned to the National Archives, and it includes classified documents. Even more intriguing is if the Department of Justice has evidence that Trump has used any of them for nefarious purposes. One can dream.
I do wonder if any of the GOP, in their heart of hearts, regret being drawn into this endless cycle of lies and hypocrisy — all while accomplishing nothing of substance for their constituents. Why wonder about things for which I already know the answer?
Thank you Heather. So heartening. So very heartening. You never left the fire line. Never. You always faced the flames with one foot in the black. They way forward is still steep and smoky but your sense of justice is clear and brilliant. A long time ago someone asked me who my hero was. I said no hero’s here. Over the coarse of my life I have finally been blessed beyond my wildest expectations to know and have lived in the same time in the same atmosphere as this heroic heroine who has upstaged the world and made herself known. My hero HCR.