toucana

It is difficult to say precisely - The most optimistic reading would be that 27 of the empty folders found in Trump’s office at Mar-a-Lago match up with unfoldered documents found in the same tranche of boxes unearthed on August 8, and that the contents of the other 16 orphaned folders were co-mingled with the papers in the other 15 boxes previously returned in January. Counter-espionage officers cannot however rely on optimistic assumptions. They have to consider worst case scenarios. Several things stand out - firstly, distributions of documents of this type are normally very closely monitored and logged by the agencies who produce them. The copies are numbered, and the individual pages are probably also indexed with micro-printing techniques of the type used to protect banknotes from forgery. Secondly - anyone who has undergone even the most elementary training in handling classified documents would have been taught that the integrity of a file is of paramount importance. *Nothing* is ever removed or detached from its enclosure, especially not the classification covers - not without the same type of elaborate sign-off and countersigning procedures that would be required to declassify it completely. Finally there is the matter of classifcation levels - One of the classication covers shown in that photo is marked TS-SCI with three further distribution codes HCS-P, SI, and TK which indicate that this single document alone was probably sourced from and cross-references —> field reports from spies in foreign countries (HCS-P), NSA signals intercepts (SI), and satellite surveillance photos (TK - an acronym for the ‘Talent Keyhole’ program). Documents of this sensitivity simply should not exist outside of a SCIF. The implications of finding an empty folder that once contained them are beyond hair-raising.

https://www.bbc.co.uk/news/world-us-canada-62771613 According to a newly unsealed inventory of material seized by the FBI at Mar-a-Lago on August 8, agents retrieved 33 boxes of documents that included inter alia: 3 documents marked confidential 17 documents marked secret 7 documents marked top secret 43 empty folders with classified banners 28 empty folders labelled "Return to staff secretary/military aides" That would appear to indicate at least 16 sets of folders with classification cover sheets that are now missing their contents. Where would those be now I wonder ?

Truth Social's most active user posted an important clarification yesterday - (below) So did Alina Habba, one of his attorneys, who complained that the DoJ were using 'mundane' statutes like the Espionage Act 1917 to 'harrass' her client. https://www.yahoo.com/news/trump-attorney-alina-habba-mocked-233643827.html

The DoJ released a 36 page filing late last night which included this photo of classified documents found in Donald Trump’s office at Mar-a-Lago. Some of these documents were actually found in his desk . The filing discloses that the June subpoena for the return of documents which Trump ignored was a Grand jury subpoena that was part of an ongoing criminal investigation into the theft of documents from NARA. The filing also seems to imply that Trump and his staff moved and hid heavily classified documents from his own lawyers, who subsequently signed an affidavit to the DoJ officials asserting that they had searched the storage location, and that all classified material had been returned. This would appear to be felony obstruction of justice and concealment of evidence - a 20 year sentence.

This dovetails neatly with another recent story in the WP https://www.washingtonpost.com/politics/2022/08/27/trump-archives-records-war/ Two of the buried ledes from that article include: "Boxes of documents even came with Trump on foreign travel, following him to hotel rooms around the world — including countries considered foreign adversaries of the United States." "“Any documents that made it to the White House residence were these boxes Trump carried around with him,” explained Stephanie Grisham, a former senior White House staffer" ....... “There was no rhyme or reason - it was classified documents on top of newspapers on top of papers people printed out of things they wanted him to read. The boxes were never organized,” Grisham said. “He’d want to get work done on long trips so he’d just rummage through the boxes. That was our filing system.”

Trump who is only marginally literate apparently disliked reading anything much at all. He was said to be particularly averse to reading PDF documents on a laptop, or any sort of Kindle type reader - which is relevant here, because the PDB or ‘Presidential Daily Brief’ was delivered as an encrypted electronic ‘black book’ from 2014 onwards. CIA and DNI staff apparently resorted to putting pictures and flattering references to the POTUS into the PDB to try and draw his interest. They also reportedly followed a proforma of - ‘No longer than one page and a maximum of 8 bullet points’. Trump always preferred to have paper documents that he could scribble on with a sharpie, or rip up if they displeased him. As John Bolton who was his NSA recently recounted, the POTUS was also prone to simply walk out of briefings clutching whatever document he had just been given. A Wikipedia article suggests that president G.W.Bush attended to 86% of his PDBs, Obama attended 43.8% of his PDBs, and Trump typically read his PDB about once a week. https://en.wikipedia.org/wiki/President's_Daily_Brief

The redacted affidavit says that 184 classified documents were found unfoldered in the first tranche of 15 boxes returned by Trump in January 2022. The classification markings on them included; HCS - (Human Control System) - These are CIA field reports that relate to secret agent debriefings. SI - (Signals Intelligence) - These are NSA intercepts from eavesdropping and codebreaking sources. NOFORN - (No Foreign) - Sensitive material not to be shared even with friendly allied intelligence agencies. ORCON - (Originator Control) - The original source agency must consent to its wider dissemination. None of these documents should ever be found outside of a SCIF. The affidavit also seems to imply that the DoJ had not one but multiple sources telling them that there were further boxes of classified documents still being concealed at Mar-a-Lago. If I were a betting man, I would put £5 on the likelihood that they were tipped off by members of the other law enforcement agency who were present at Mar-a-Lago, namely the Secret Service agents serving as the protective detail to the FPOTUS.

Why would his fingerprints be on the storage boxes the documents were found in at Mar-a-Lago, especially given that the FBI apparently have CCTV footage showing staff at Mar-a-Lago repackaging documents and moving them to new boxes *after* NA and DoJ officers had already visited the premises at least once to insist upon their return ? There would be no innocent explanation for that.

Two recent news stories that deserve to be read together: “Investigators may even check for fingerprints on seized Trump documents to determine who accessed them” https://www.rawstory.com/mar-a-lago-documents/ “Mr Trump went through the boxes himself in late 2021 according to multiple people briefed on his efforts” https://www.nytimes.com/2022/08/22/us/politics/trump-mar-a-lago-documents.html Unless Trump took the precaution of wearing nitrile gloves whilst rummaging through his personal trove of stolen TS-SCI and CNWDI restricted data, this means that his fingerprints will quite literally be all over said boxes and documents. This should dispose of any possible legal fudging in court over the distinction between ‘Actual’ and ‘Constructive’ ownership of the contraband, as well as any suggestion that “The Butler did it”.

“I am very worried for our agent Trump. They found everything at Mar-a-Lago, they got packages of documents. In all seriousness they say he should be executed as a person that was ready to hand off nuclear secrets to Russia” -(Vladimir Solovyov - ‘Evening with Vladimir Solovyov’) Vladimir Solovyov is a pro-Putin Russian propagandist who hosts a satirical TV show called ‘Evening with Vladimir Solovyov’ on Russia-1 every Sunday. It’s not exactly meant to be taken seriously - one episode earlier this year suggested that the Russian army should invade Great Britain and seize Stonehenge. The adage about ‘many a true word spoken in jest’ does however come to mind when reading some of their more outre attempts at SNL style humour about the classified documents raid at Mar-a-Lago. Earlier this week NYT reporter Maggie Haberman speculated in a podcast that some of the documents Trump stole and took with him to Mar-a-Lago pertained to the Russia investigation led by Special Counsel Robert Mueller between 2017-19. https://www.businessinsider.com/maggie-haberman-trump-could-have-taken-mueller-probe-documents-2022-8?r=US&IR=T

As a topical side-bar on Classified Documents: Last October, a US naval engineer called Jonathan Toebbe and his wife Diana who worked in Annapolis Maryland were arrested on charges of attempting to sell US naval state secrets to a foreign power. Toebbe who had spent almost a decade working as a submarine propulsion specialist allegedly attempted to sell a large cache of blueprints and technical data for $5 million in cryptocurrency to a foreign agent who turned out to be an undercover FBI agent. https://www.nbcnews.com/politics/justice-department/maryland-man-accused-spying-pleads-not-guilty-will-remain-jail-n1282002 His wife Diana allegedly acted as a lookout while her husband placed ‘dead drops’ of classified information on data cards hidden in peanut butter sandwiches and bandaid covers. In a surprise ruling Tuesday, federal judge Groh rejected a plea deal for 12.5 to 17.5 years offered on behalf of Jonathan Toebbe, and 3 years for his wife Diana. The judge rejected the proposed deal because it was too lenient in her view. The couple have now withdrawn their plea deal and will go to trial next year. The information Toebbe was trying to sell was said to be classified at the Confidential level (not at Secret or Top Secret levels). Which raises the interesting question of what sentencing guidelines would be considered appropriate by a judge for a person who stole TS-SCI and CNWDI restricted data and offered it for sale ?

My initial post did in fact frame a very precise question —> “Why in the world would an ex-president remove such material from the custody of the National Archives, and store it in an insecure basement area of his retirement home in Florida ?” The only plausible answer I can think of is that he planned to sell it to the highest bidder

I tend to start with facts - which I think ought to be the baseline of any rational and scientific debate. I then normally try and follow that up by offering a precis of any background information which has required spadework in terms of further research and fact checking on my part, and which I make available in my posts as a courtesy to anyone else who has taken an interest in the topic. I’m not quite sure why you find this approach to ‘discussion’ problematic. It may be because you think a discussion should be more of an exchange of subjective opinions. The actual etymology of the word discussion is however from the Latin noun discussio - which in turn comes from the Latin verb discutere - ‘to investigate’.

Reports of DOJ concerns about the possible presence of TS-SCI documents at Mar-a-Lago relating US to nuclear weapons came into sharper focus yesterday when some commentators raised the possibility that these might have been CNWDI (critical nuclear weapon design information) documents. https://www.directives.doe.gov/terms_definitions/critical-nuclear-weapon-design-information-cnwdi This is a DoD category of TS and RD (restricted data) information about the design and construction of nuclear implosion and fusion devices. In addition to the normal TS/RD markings, material of this type is also marked “Critical Nuclear Weapon Design Information - DoD Directive 5210.2 Applies”. As previously noted, material of this type cannot be declassified by a presidential executive order alone, it also requires a separate sign-off from the DOE and the AEC under the Atomic Energy Act (1954) To give some idea of how serious this could be - it was the dissemination of CNWDI which led to the conviction and execution of Julius and Ethel Rosenberg in 1953 under the Espionage Act of 1917. As one commentator put it - “10-20 isn’t the sentencing guidelines, it’s what the groundsman tells your family when they come to visit - Row 10/Plot 20”.

https://www.forbes.com/sites/alisondurkee/2022/08/12/mar-a-lago-raid-fbi-investigating-whether-trump-violated-these-3-statutes/?sh=88ab59725c1a This Forbes article lists the legal codes cited in the attachments to the Mar-a-Lago search warrant sought by the FBI as: 18 Code §§ 793 - Espionage Act (1917) 18 Code §§ 1519 - Destruction, alteration, falsification of records in a federal investigation (Obstruction) 18 Code §§ 2071 - Concealment or mutilation of federal documents The interesting legal nuance here is that the classification status of the documents involved is immaterial under these particular codes. This disposes of any claim by Trump that he ‘declassified’ them while still in office. Other reporting by ABC, CNN and BBC indicates that the FBI search team removed up to another 20 boxes of documents from Mar-a-Lago, and found at least 11 sets of classified documents including some classified as TS-SCI and some as TS.

The author Sir Salman Rushdie 75 has been attacked on stage at a literary festival being held in The Chautauqua Institution in New York USA https://www.bbc.co.uk/news/live/uk-62524833 He is reported to have been stabbed in the neck by an attacker who rushed the stage. Rushdie was subsequently airlifted to hospital in a helicopter, and the attacker was taken into custody immediately by the police. Sir Salman Rushdie has been living under the threat of a fatwa calling for his death pronounced by the late Iranian cleric Ayatollah Khomeinei in 1989 in response to Rushdie's novel The Satanic Verses (1988).

The information may well have beeen abstracted from the PDB (presidential daily briefing) which is a digest of intelligence agency briefings passed each day to the president and his top advisors. It was widely reported that Jared Kushner usually read this rather than Trump himself. Bradley Moss a National Security Attorney who was a guest on the MSNBC Last Word Show yesterday evening made the additional point that classified documents relating to the USA’s own nuclear weapons would fall under the Atomic Energy Act (1954) which has its own even stricter classification systems for RD (restricted data) which can’t be declassified by the President alone. They require a double sign-off from the Department of Energy and AEC. https://www.youtube.com/watch?v=VuNZL1wCoek

Classified Documents According to Reuters, the WP is reporting that the FBI search at Mar-a_Lago was prompted by concerns at the DOJ that the remaining 12 crates of White House documents unlawfully taken there by Donald Trump contained classified documents about nuclear weapons. https://www.reuters.com/world/us/us-attorney-general-garland-confirms-fbi-investigating-trump-2022-08-11/ A Twitter thread posted by Mark Hertling offers an overview of federal document classification systems in the US: https://twitter.com/MarkHertling/status/1557911337468133377 Briefly, the sequence in ascending order of sensitivity is Confidential Secret Top Secret SAP (Special Access Program) SCI (Sensitive Compartmented Information) The latter is often referred to as TS-SCI and is normally only handled and read in special rooms known as a SCIF (Sensitive Compartmented Information Facility) - photo below. Other reporting in the WP had already raised concerns among military advisers that some of the documents taken to Mar-a-Lago were in the SAP or ‘Need to Know’ category - raising the obvious question as to why in the world would an ex-president remove such material from the custody of the National Archives, and store it in an insecure basement area of his retirement home in Florida ?

It seems that yesterday's 'no-knock' FBI search warrant at Mar-a-Lago could actually be the key to ensuring that 45 is never able to run for public office again As this commentator points out, under 18 U.S. Code § 2071 - a conviction for concealment or removal , or mutilation of public records and documents disqualifies you from holding any other office under the United States.

Engineer Mae Jemison became NASA's first African American woman astronaut, and flew an 8 day mission STS-47 onboard space shuttle Endeavour from the 12th to the 20th September 1992. Each day she began her duty shift by quoting Lt. Uhura “Hailing frequencies are open“ as her comms test. https://web.archive.org/web/20150621152840/http://news.stanford.edu/stanfordtoday/ed/9607/9607mj.html

There were actually three substantial talking points raised by Liz Cheney on the basis of that video which I flagged up in my last post. Probably the most interesting one was the third one, which raises the question of whether people who effectively take up arms against the constitution - as well as the truth - can be successfully excluded from ever running for public office again ? The most promising legal avenue would appear to be Section 3 of the Fourteenth Amendment 1868 which is discussed in some detail in this Lawfareblog`: post.https://www.lawfareblog.com/disqualifying-insurrectionists-and-rebels-how-guide Suffice to say, there appears to be some unexpected wiggle-room here, because a few lawmakers have apparently argued that the president is not an ”Officer of the United States”, which neatly evades the conditions relating to ‘triggering offices’ as set out in the Enforcement Act of 1870. (Trump quite uniquely never held any sworn Federal or State level public office prior to being elected president ) You might then say, OK let’s arrest, indict and convict 45 and send him off to prison to ensure he never runs for president again. The problem here is that there is no stipulation in the US Constitution to say that a presidential candidate cannot be a prisoner - in fact they don’t even need to be registered to vote. https://prisoninsight.com/can-you-run-for-president-in-prison/ Two men have actually run for the US presidency while imprisoned - Eugene V. Debs (1920) and Lyndon Larouche (1992) - nothing prevented either of them from doing so.

So - Liz Cheney the Deputy Chair of the Jan 6 Committee just used the very same Steve Bannon video clip posted by MotherJones - and cited at the start of this thread - as the centrepiece of her scathing peroration during her closing address to the eighth and final public hearing of the Jan 6 committee tonight. She made three powerful points in doing so - First she cited Bannon’s remarks as supporting evidence of Donald Trump’s own manifest premeditation in concocting the big lie about the election being ‘stolen’, and instigating the violent assault the Capitol of Jan 6th 2021. Second - Liz Cheney made a strong gender-mark contrast between the cowardice of “Sixty and seventy year-old men who hide behind executive privilege” - and the courage shown by a number of young women such as Cassidy Hutchinson and Sara Matthews who had the integrity to step forward and testifty under oath in front of a television audience of millions, and did so in spite of the certain knowledge that they would be viciously demeaned and attacked by followers of the Trump and Bannon cult for having done so. Her third and final point was that no-one who predicates their political agenda on mendacity of this magnitude should ever again be entrusted with any position of authority in the country.

Here is a longer video by CNBC on the same topic: The Salton Sea has a strange history. The modern surface lake was formed in 1905 as the result of a monumental civil engineering screw-up involving an irrigation canal system intended to take water from the Colorado river. It took two years to stem the outflow of water, by which time an accidental 15m by 35m lake had been created. The lake grew in size and became a fashionable seaside holiday resort in the early 1950s, before changing patterns of agricultural water extraction and usage caused the entire lake to start evaporating and vanish once more, leaving the former resorts and marinas as dust-blown ghost towns There is an atmospheric film called The Salton Sea (2002) - a crime thriller directed by D.J. Caruso and starring Val Kilmer set in this location.

MSNBC legal commentator Glenn Kirschner made an interesting point on this today https://www.youtube.com/watch?v=Z9vI23c0q5U Kirschner says that during his 30 year stint as a federal prosecutor in Washington DC, the attorneys office there used the Secret Service forensic science divison rather than the Metropolitan police department, or the FBI lab at Quantico, to handle any criticially important data recovery from seized computers or cell phones. Kirschner says they did so because the USSS forensic science service had a stellar reputation for handling probative searches of cell phones in particular. The idea that they somehow lost the critical text messages for just Jan 5th & 6th 2021 during a bungled device replacement process, and can’t now recover these from backups is beyond ridiculous. Small wonder that the head of the USSS James Murray abruptly resigned last week.