There’s a lot to digest today, all of it incomplete. So I’ll start with a little discourse on law.
No system of law can be perfect or anything close to it. In the end, justice – or any approximation of it – rests on the people who implement the law. I’m talking about those who draft statutes, judges who interpret law and make rulings, professors who teach it, students who learn it, lawyers who practice it, pundits who write about it, and juries who decide about guilt.
And, of course, prosecutors who decide which people to prosecute. That is of the utmost importance, and one of the potential weak points, because not everyone who violates a law can be prosecuted. That would take way too much time and effort, because there are so many laws on the books. As lawyer Harvey Silverglate states in his book Three Felonies a Day (from the summary at that Amazon link):
…federal criminal laws have become dangerously disconnected from the English common law tradition and…prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. The volume of federal crimes in recent decades has increased well beyond the statute books and into the morass of the Code of Federal Regulations, handing federal prosecutors an additional trove of vague and exceedingly complex and technical prohibitions to stick on their hapless targets. The dangers spelled out in Three Felonies a Day do not apply solely to “white collar criminals,” state and local politicians, and professionals. No social class or profession is safe from this troubling form of social control by the executive branch, and nothing less than the integrity of our constitutional democracy hangs in the balance.
The subtitle of Silverglate’s book is How the Feds Target the Innocent. But that’s hardly the whole story. An important part of the story is also whom among the guilty they target and whom they spare, and why.
I don’t know whether Trump is innocent or guilty of the letter of the statutes he is accused of violating, but I know that a Democrat would never be charged if he or she were in Trump’s shoes. And I know that, so far, Trump has been the target of many accusations based on lies, and Biden and so many other Democrats have not been charged despite all the evidence of their suspicious and arguably criminal behavior. For example, we have the Biden bribery allegations that the investigators have sat on for many years, including right before Biden’s election. Not to mention the coverup of the entire Hunter Biden laptop story.
It is the differential application of the legal system depending on politics, as well as the obvious willingness of government agencies to lie, that is so infuriating, outrageous, depressing, and frightening.
We have known for quite some time that Trump would probably be indicted for something connected with the supposedly classified documents at Mar Al Lago. I can’t recall when I first read it, but long ago – perhaps a month or so after the raid – but we’ve heard rumors that the documents in question were papers he had taken in order to exonerate himself in defense against some mendacious accusations against him. We also learned – and again, I’m not sure when I first heard it, but probably within the last month or two – that the DOJ had an audiotape of Trump admitting that the documents in question were classified and that he had not declassified them while he was president.
Today we got more information about both of those things (the link is to a CNN article, so make of that what you will):
Former President Donald Trump acknowledged on tape in a 2021 meeting that he had retained “secret” military information that he had not declassified, according to a transcript of the audio recording obtained by CNN.
“As president, I could have declassified, but now I can’t,” Trump says, according to the transcript.
CNN obtained the transcript of a portion of the meeting where Trump is discussing a classified Pentagon document about attacking Iran. In the audio recording, which CNN previously reported was obtained by prosecutors, Trump says that he did not declassify the document he’s referencing, according to the transcript.
I’ll pause here to note that this is both very strange and difficult to interpret, perhaps because CNN means it to be. I don’t think the entire transcript is available, at least not as I write this. So, why would Trump say something as strange as “here’s a document that’s classified, and although I could have declassified it I didn’t do so”? And was he speaking in general of other documents, or of the particular one concerning attacking Iran?
More:
CNN first reported last week that prosecutors had obtained the audio recording of Trump’s 2021 meeting at his Bedminster, New Jersey, resort, with two people working on the autobiography of Trump’s former chief of staff Mark Meadows as well as aides employed by the former president, including communications specialist Margo Martin.
The transcript of the audio recording suggests that Trump is showing the document he’s discussing to those in the room. Several sources have told CNN the recording captures the sound of paper rustling, as if Trump was waving the document around, though is not clear if it was the actual Iran document.
“Secret. This is secret information. Look, look at this,” Trump says at one point, according to the transcript. “This was done by the military and given to me.”
So, it appears that CNN is reporting on a transcript and did not hear the audio themselves. Who prepared the transcript, and who gave it to CNN? How accurate is it? Was anything left out or changed? We’ve seen excerpts of previous conversations that seemed very bad for Trump, and yet when the full story was revealed it was not especially bad at all. Is this one of those cases? Or is this the time Ahab finally will strike Moby Trump with his harpoon?
More:
Trump was complaining in the meeting about Chairman of the Joint Chiefs of Staff Gen. Mark Milley. The meeting occurred shortly after The New Yorker published a story by Susan Glasser detailing how, in the final days of Trump’s presidency, Milley instructed the Joint Chiefs to ensure Trump issued no illegal orders and that he be informed if there was any concern.
“Well, with Milley – uh, let me see that, I’ll show you an example. He said that I wanted to attack Iran. Isn’t that amazing? I have a big pile of papers, this thing just came up. Look. This was him,” Trump says, according to the transcript. “They presented me this – this is off the record, but – they presented me this. This was him. This was the Defense Department and him. We looked at some. This was him. This wasn’t done by me, this was him.”
Now we have come to something that seems relevant to the rumor that Trump’s allegedly classified papers had to do with protecting himself from false allegations against him. I think what he may be saying here is that Milley had made some false accusation against him about something that was contained in the papers. This thing may have been plans to attack Iran, which he said were actually Milley’s plans and not his. So why didn’t Trump declassify the papers before he took them? Again, we don’t have a full transcript, but there’s this:
Trump continues: “All sorts of stuff – pages long, look. Wait a minute, let’s see here. I just found, isn’t that amazing? This totally wins my case, you know. Except it is like, highly confidential. Secret. This is secret information. Look, look at this.”
“Secret” and “confidential” are two levels of classification for sensitive government documents.
Did he fail to declassify it because he had just found it among some other papers he took? And now he knew it was too late to do so? Possibly. That at least makes a certain amount of sense.
So now we can construct a tentative timeline. Perhaps the DOJ or FBI received the audio of this meeting first. Who made the recording? Who gave it to them? Was Trump aware he was being recorded? And then I would imagine that the DOJ and/or FBI decided to subpoena the document in question – whether or not they knew exactly what it might be – and it wasn’t delivered. That’s what they were searching for, apparently.
More:
In March, prosecutors subpoenaed Trump for the document referenced in the 2021 recording. Trump’s lawyers provided some documents related to Iran and Milley in response to the subpoena, but they could not find the document itself.
Maybe it doesn’t exist, at least not exactly as described in the audio, and that’s why the documents didn’t match what they thought they were looking for. Or maybe it does exist, and Trump kept it, because he thinks it exonerates him and implicates them in wrongdoing.
It somehow makes me think of a snake swallowing it’s own tail. If I have the scenario right, they’ve tried again and again to frame Trump, and in his effort to avoid one of those attempts, he actually may have committed a criminal act for which he will be prosecuted, perhaps successfully.
What a terrible terrible mess.
[NOTE: In CNN’s earlier report on the audio recording, they wrote that they had not listened to the audio but that “multiple sources described it.” It doesn’t name those sources, although it does say that prosecutors have the audio. Who gave the information to CNN? Was it someone from the prosecution? Is that misconduct (I have no idea what the answer is to that)? And who made the recording? The article says that “multiple people were making recordings” during that period of Trump’s life.
The article also indicates that Trump said that “if he could show [the document] to people, it would undermine what Milley was saying” (Milley had been accusing him of planning to attack Iran). To me, this would suggest that Trump did not show the contents to anyone in the room but was just describing its existence in order to assert his innocence.]