INDICTED. AGAIN.
Plus: It's all on tape.
“Former President Donald J. Trump was gathered with his core political advisers in the office near his poolside cottage at his club in Bedminster, N.J., when his phone rang around 7 p.m. on Thursday. On the line, according to two people with knowledge of the call, was one of his lawyers, informing him he had been indicted for the second time in less than three months.” — Maggie Haberman and Jonathan Swan in The New York Times
It’s something of an understatement to say that we wake up today in uncharted territory. No former president has ever been indicted by the federal government, much less charged with violating the Espionage Act.
Here’s what we know. The Florida grand jury has handed down seven charges. The Wapo reports: “The charges include willful retention of national defense secrets, obstruction of justice and conspiracy, which carry the potential of years in prison if Trump is found guilty.”
In other words, Jack Smith went big. This is not a trivial case and these are not trivial charges.
Trump lawyer Jim Trusty told CNN last night that the charges included violations of the Espionage Act, multiple false-statement charges and “several obstruction-based type charges.” Reports the NYT’s Charlie Savage:
Specifically, he mentioned Section 1519 (which relates to obstructing an official effort and was widely expected because it was listed on the F.B.I. search warrant affidavit), but also a new one: Section 1512, which criminalizes witness tampering or other means of obstructing an official proceeding….
Trusty also said he believed there was a conspiracy count…
Trump will surrender to authorities on Tuesday.
Of course, Trump-friendly media is melting down. “This! Is! An Insurrection!” screamed Mark Levin. As expected, Republicans pols — including some of his 2024 rivals — are rallying to Trump’s side. At least for now.
That seems familiar. But this is a brave new world for MAGA… and for the American justice system, and a test of what historian Jon Meacham called “democratic maturity.”
Here’s the way it’s playing this morning:
So, this seems like a good day to bring back the baby cannon (courtesy of Ben Wittes).
Happy Friday.
As you might expect, the Bulwark is flooding the zone. In yesterday’s episode of “The Trump Trials,” Ben Wittes and I broke down the case, and Ben explained why the indictments might have been issued in Florida, rather than DC.
You can listen to the whole thing here.
ICYMI, Thursday Night Bulwark went live moments after the indictment news broke last night. You can listen to our initial takes here. Or watch the video, which includes our reaction to Trump’s low-energy video.
On our homepage this morning, Laurence Tribe and Dennis Aftergut write, “No One Above the Law: Trump Indicted on Federal Charges.”
And now there are two.
With a federal grand jury’s indictment of Donald Trump for conspiring to obstruct justice, unlawfully taking and keeping top secret government documents, and willfully retaining national defense materials, the former president sets a sad historical marker unlikely ever to be matched. Already the only president to be impeached twice, Trump has now been indicted twice—including, now, by the nation he once led….
In charges resulting from the special counsel’s investigation, we finally see a constitutional system asserting itself full force over a defiant scofflaw. History tells us that strong institutions prevail over strong personalities in such battles, at least when institutional values are backed by the beliefs and actions of dedicated citizens.
There’s an irony in the new indictment for Trump:
By declaring his candidacy early in the apparent hope that a timid attorney general would back off, Trump instead caused Attorney General Merrick Garland to name Smith as special counsel. Who knows whether today’s indictment would ever have been handed down had Trump not tried to bully Garland into dropping the investigation into the once and would-be future president’s criminality?
**
And, wait, there’s more
CNN has more on that tape. And it is… just WOW.
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.
On the tape Trump lays it all out.
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.”
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.”
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.
Exit take: In the immortal words of The Wire’s Stringer Bell: “[Is] you takin’ notes on a criminal fuckin’ conspiracy? What the fuck is you thinking, man?”
Hacks gonna hack
The usual suspects did not even wait to see the specific charges against Trump before denouncing the indictments.
Facing a right-wing revolt in his caucus, Kevin McCarthy went full blustering hack, tweeting:
Today is indeed a dark day for the United States of America. It is unconscionable for a President to indict the leading candidate opposing him. Joe Biden kept classified documents for decades. I, and every American who believes in the rule of law, stand with President Trump against this grave injustice. House Republicans will hold this brazen weaponization of power accountable.
To the surprise of absolutely no one, the hackiest hackery came from Elise Stefanik, who railed: “The American people are smart and understand this is the epitome of the illegal and unprecedented weaponization of the federal government against Joe Biden’s leading opponent, President Donald J. Trump.”
Senator Josh Hawley huffed: “If the people in power can jail their political opponents at will, we don’t have a republic.” (Trump will get a trial and is still presumed innocent until convicted.)
Ron DeSantis also chimed in: “The weaponization of federal law enforcement represents a mortal threat to a free society. We have for years witnessed an uneven application of the law depending upon political affiliation. Why so zealous in pursuing Trump yet so passive about Hillary or Hunter?”
In contrast, former Arkansas Governor Asa Hutchinson released a statement Thursday night calling on Trump to “end his campaign”:
With the news that Donald Trump has been indicted for the second time, our country finds itself in a position that weakens our democracy. Donald Trump’s actions—from his willful disregard for the Constitution to his disrespect for the rule of law—should not define our nation or the Republican Party. This is a sad day for our country. While Donald Trump is entitled to the presumption of innocence, the ongoing criminal proceedings will be a major distraction. This reaffirms the need for Donald Trump to respect the office and end his campaign.
Chris Christie is keeping is powder dry until he sees the facts in the seal indictments. “Let’s see what the facts are when any possible indictment is released,” Christie said. “As I have said before, no one is above the law, no matter how much they wish they were. We will have more to say when the facts are revealed.”
Cheap Shots
I went for a walk yesterday and, like a virus, TFG and his legal troubles popped into my head. What I came to realize is that TFG has never really been held accountable for anything in his life. Sure, he's lost lawsuits--including the recent one against E Jean Caroll -- but that was just about money. When Trump left office, I think he really believed he could never be held accountable for anything, that he was above the law. He clearly still thinks that way and truly does not understand why all of this matters. He just knows he is getting loads of publicity and can grift off of it. Even if they carted him off to jail after a guilty verdict, it would take days for him to actually understand the gravity of the situation.
I can't wait to hear about the tearful courthouse employees who are so sorry for putting the great man through so much trouble. :)