July 15, 2024
This morning, after a day of Republicans insisting that it is political polarization to suggest that Trump is a danger to our democracy, U.S. District Judge Aileen Cannon, who was appointed by Trump in the last days of his presidency, dismissed the classified documents case against the former president. She wrote that “Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”
Other federal courts have tested this argument and dismissed it, but Supreme Court justice Clarence Thomas, whose wife Ginni was part of the attempt to overturn the results of the 2020 presidential election, suggested earlier this month that it could be the basis for getting rid of Jack Smith. Cannon cited Thomas repeatedly in her decision.
When he left office in January 2021, Trump took with him to Mar-a-Lago hundreds of pages of classified national security documents, some of which bore the highest level of classification. The National Archives and Records Administration (NARA), where by law presidential papers must be deposited, noted that many documents were missing from the materials Trump released to them and, in May 2021, emailed Trump’s lawyers to get them back.
When his lawyers tried to push him to do as the law required, they told FBI investigators, Trump answered: “It’s not theirs, it’s mine.” Finally, in December 2021, after Trump had personally gone through the documents, a Trump representative told NARA that they had found “some records,” and in January 2022, NARA retrieved 15 boxes from Mar-a-Lago. Archivists found more than 150 documents marked classified, making up hundreds of pages of classified national security information.
By April the Justice Department had convened a grand jury to investigate Trump’s removal of the documents. Trump’s lawyers tried to keep those documents out of the hands of the Federal Bureau of Investigation (FBI) by claiming they were covered by executive privilege, but in May 2022, NARA gave the FBI access to the records. In June 2022, Trump representative Christina Bobb certified that “a diligent search” at Mar-a-Lago had turned up nothing more and that they were returning “any and all documents” they had found. Concerned about the sheer number of documents turning up, the Department of Justice subpoenaed security video tapes, which showed people moving the documents.
Federal officials obtained a search warrant for Mar-a-Lago. When they executed it in August 2022, they found 13 more boxes with classified documents: a total of more than 11,000 government documents and photographs. They also found 48 empty folders labeled “classified,” but they did not check a locked closet on which Trump had recently changed the lock, or a “hidden room” in Trump’s bedroom. They found that the boxes, which contained the most valuable intelligence of the United States government, had been stored haphazardly in public areas, including a ballroom stage and a bathroom.
In November 2022, after Trump announced his presidential candidacy—an early announcement that many thought was an attempt to avoid criminal prosecution—Attorney General Merrick Garland appointed a special counsel to oversee the two federal investigations that touched on the former president, thus deliberately moving those investigations outside the department so they could not be seen as part of the presidential race.
In June 2023 a federal grand jury indicted Trump on 37 criminal counts under the Espionage Act, including scheming to conceal documents; three more charges were added the following month. Trump allegedly compromised national security documents from the Central Intelligence Agency, the Department of Defense, the National Security Agency, the National Geospatial Intelligence Agency (surveillance imagery), the National Reconnaissance Office (surveillance and maps), the Department of Energy (nuclear weapons), and the Department of State and Bureau of Intelligence and Research (diplomatic intelligence). He was a one-man wrecking ball, aimed at our national security.
The case fell randomly to Cannon, who has appeared to be trying to delay the case since it came into her hands. Today, she threw it out altogether.
Former attorney general Eric Holder called Cannon’s dismissal “so bereft of legal reasoning as to be utterly absurd.” Legal analyst Mark Joseph Stern called it “an extreme outlier view with no basis in precedent” and noted that “Cannon’s indefensible opinion will still serve its purpose of delaying this trial indefinitely.”
Global politics scholar Brian Klaas wrote “Trump appoints judge. Trump does something that virtually all legal experts—including Trump’s own former Attorney General—see as a clear-cut felony. Judge that Trump appointed dismisses case.” Washington Post global affairs columnist Ishaan Tharoor wrote: “if this happened in another country, the DC establishment would immediately point to the erosion of the rule of law and the independence of the judiciary.”
Special Counsel Jack Smith has said he will appeal Cannon’s ruling.
Trump responded to the news exactly as yesterday’s Republican demands that Trump’s opponents stop calling out his lawlessness suggested he would. He posted: “As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts—the January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia “Perfect” Phone Call charges. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to
END all Weaponization of our Justice System, and Make America Great Again!”
The Thomas opinion on which Cannon relied was his concurrence in the July 1, 2024, decision in Donald J. Trump v. United States. In that decision, the Supreme Court overturned the central principle of American democracy when it said that the U.S. president cannot be prosecuted for crimes committed as part of a president’s “official duties.” Cannon’s decision echoes the idea that Trump cannot be held accountable even for what is allegedly the most serious breach of our national security in our history. Indeed, MAGA Representative Matt Gaetz (R-FL) posted a picture of Cannon on social media with the heading: “Future Supreme Court Justice Cannon.”
Legal analyst Keith Boykin listed the many excuses and arguments Trump enablers have made over the years. “He can’t be prosecuted in office,” Boykin wrote. “He can’t be impeached because the courts should decide. He’s immune from prosecution after office. He can’t be prosecuted by Biden’s DOJ because that’s ‘lawfare.’ And he can’t be prosecuted by a special counsel. We have created a dictator.”
Legal analyst Norm Eisen noted that Cannon’s decision will boost Trump on the first day of the Republican National Convention, held in Milwaukee, Wisconsin, from Monday through Thursday of this week. So will the weekend’s shooting, which has inspired MAGA Republicans to insist that all their party members must rally around Trump.
While Trump has been the presumptive nominee for years, that anointment was contested. Around 20% of Republican primary voters, who tend to be the most loyal and fervent partisans, consistently voted for former South Carolina governor Nikki Haley rather than Trump. Those voters seemed to be concentrated in the suburbs, thus making up a constituency Trump needs to win.
On the other end of the party’s spectrum, the fringe right has been saying that Trump is too soft for them. Antisemitic white nationalist Nick Fuentes has told his followers that he and his “groypers” are fed up with Trump because they are sick of “battling the Jews in the White House, battling the neocons, battling the Israel-firsters.”
Conspiracy theorist Alex Jones and right-wing provocateur Ivan Raiklin have speculated for months that removing Trump from the running—they speculated about assassination—would open the way for Trump’s far-right former national security advisor Michael Flynn, and appeared to be putting pressure on Trump to name Flynn as vice president. Yesterday, Raiklin posted on social media a “Trump/Flynn 2024” graphic with the legend “FAFO,” under the words “Assassination-Proof.”
This afternoon, perhaps in hopes of avoiding an embarrassing floor fight, Trump dashed the hopes of both ends of the Republican spectrum by naming Ohio senator J.D. Vance as his vice presidential pick. Vance is 39 and was elected to the Senate in 2022 with the help of $10 million from right-wing billionaire Peter Thiel. In the short time he has been in office, he has echoed Trump’s Big Lie that the 2020 presidential race was stolen, has said that he does not believe in rape or incest exceptions for abortion bans and that people should stay in violent marriages, and has praised Project 2025. He is pro-Russia and against the North Atlantic Treaty Organization.
It “will be interesting to see how the RNC attempts to spin Vance as a candidate of Unity,” journalist Anne Applebaum wrote. The Fox News Channel helpfully reminded viewers that Vance has, in the past, said that Trump “might be America’s Hitler,” “might be a cynical a**hole,” and is “cultural heroin,” “noxious,” and “reprehensible.”
Still, factional differences might not matter in today’s Republican Party. This afternoon, in the hall of the RNC convention, attendees chanted, “Fight, fight, fight,” as they punched an arm in the air, in an eerie echo of Germany in the 1930s.
—
Notes:
https://www.npr.org/2024/07/15/g-s1-10379/trump-documents-case-dismissed
https://talkingpointsmemo.com/news/judge-cannon-dismisses-mar-a-lago-case-against-trump
https://www.nytimes.com/2022/08/16/us/politics/trump-cipollone-philbin-interviews-fbi.html
https://www.nytimes.com/2022/08/22/us/politics/trump-mar-a-lago-documents.html
https://www.nytimes.com/2022/08/23/us/politics/trump-classified-documents-fbi-letter.html
https://www.voanews.com/a/timeline-of-the-trump-documents-inquiry-/6734453.html
https://abcnews.go.com/US/special-counsel-probed-trump-mar-lago-trip-aides/story?id=111334156
https://abcnews.go.com/US/special-counsel-questioned-witnesses-2-rooms-fbi-search/story?id=106826552
https://www.cnn.com/interactive/2023/07/politics/trump-indictments-criminal-cases/
https://www.msnbc.com/trump-trials-documents-library
https://apnews.com/article/trump-classified-documents-smith-c66d5ffb7ba86c1b991f95e89bdeba0c
https://www.spectator.co.uk/article/what-does-jd-vance-want/
X:
RightWingWatch/status/1796202681591042323
KaivanShroff/status/1812860957091066352
EricHolder/status/1812866553081119084
NormEisen/status/1812898095379738682
mattgaetz/status/1812850083269845272
keithboykin/status/1812855253135769767
mjs_DC/status/1812852281236246674
ishaantharoor/status/1812852616449200262
brianklaas/status/1812849223605379533
JoyceWhiteVance/status/1812882441926799759
ivanraiklin/status/1812354157849845872
patriottakes/status/1812460546236518607
OlgaNYC1211/status/1812927918584262732
Jemsinger/status/1812927333130727889
hugolowell/status/1812926714236051651
American_Bridge/status/1812928017846706420
anneapplebaum/status/1812927832412332137
As a former Custodian of Classified Materials, I am appalled. Stealing, hiding, and refusing to return classified materials should have resulted in hefty fines and years in prison!
Is anybody surprised. I am not. The task has always been this 45 % of American is corrupted which to me more horrifying than Trump, Vance and the “bent” leaders of the GOP. We are not storming the beaches of Normandy and being slaughtered, we are fighting for our lives as sailors in the midst of Pearl Harbor, we are not the 101st airborne freezing in the winter Battle of the Bulge or my father flying daylight B 17 missions over Germany, all we are asked to do is vote and get others to do the same and with their political trauma we have found ourselves in which takes a special kind of resilience, courage and commitment. We have the clarity and leadership of Heather and others which we thank God for.