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Trump legal team engages Justice Department amid expected winding down of classified documents investigation; critical evidence emerges

  • NBC: Federal grand jury in Florida to hear testimony in Trump documents case: A federal grand jury will meet this week in Florida to hear evidence in special counsel Jack Smith’s investigation of former President Donald Trump’s handling of classified documents, according to sources familiar with the investigation. It is not clear how the court proceedings in Florida relate to the work of a separate grand jury in Washington, where prosecutors had been presenting evidence and witness testimony for months. The development was first reported by The Wall Street Journal. Why prosecutors have impaneled multiple grand juries, and whether they are ready to seek an indictment in either jurisdiction is unknown. The Justice Department declined to comment on the investigation.
  • New York Times: Trump Lawyers Visit Justice Dept. as Classified Documents Inquiry Nears End: Lawyers for former President Donald J. Trump met on Monday at the Justice Department with officials, including the special counsel Jack Smith, two weeks after requesting a meeting to discuss their concerns about Mr. Smith’s investigations into Mr. Trump, according to two people familiar with the matter. The meeting did not include Attorney General Merrick B. Garland or Lisa O. Monaco, the deputy attorney general, and it is unclear what precise subjects were discussed. But the visit came amid indications that prosecutors in the special counsel’s office were approaching the end of their inquiry into the former president’s handling of classified documents. It also came at a time when Mr. Trump’s advisers have concluded that there might not be much more time to stave off charges, the people said. The lawyers — James Trusty, John Rowley and Lindsey Halligan — left the Justice Department after nearly two hours. They declined to speak to reporters. Shortly after their visit, Mr. Trump posted a message on his social media platform, Truth Social, suggesting that his legal team had at least discussed with him the possibility that he could be indicted.
  • New York Times: Trump Lawyer’s Notes Could Be a Key in the Classified Documents Inquiry: Turning on his iPhone one day last year, the lawyer M. Evan Corcoran recorded his reflections about a high-profile new job: representing former President Donald J. Trump in an investigation into his handling of classified documents. In complete sentences and a narrative tone that sounded as if it had been ripped from a novel, Mr. Corcoran recounted in detail a nearly monthlong period of the documents investigation, according to two people familiar with the matter. Mr. Corcoran’s narration of his recollections covered his initial meeting with Mr. Trump in May last year to discuss a subpoena from the Justice Department seeking the return of all classified materials in the former president’s possession, the people said.
  • CNN: Mar-a-Lago pool flood raises suspicions among prosecutors in Trump classified documents case: An employee at Donald Trump’s Mar-a-Lago residence drained the resort’s swimming pool last October and ended up flooding a room where computer servers containing surveillance video logs were kept, sources familiar with the matter told CNN. While it’s unclear if the room was intentionally flooded or if it happened by mistake, the incident occurred amid a series of events that federal prosecutors found suspicious. At least one witness has been asked by prosecutors about the flooded server room as part of the federal investigation into Trump’s handling of classified documents, according to one of the sources.
  • New York Times: Lawyers Unable to Find Document Trump Discussed in Recorded Conversation: Shortly after learning that former President Donald J. Trump had been recorded discussing what appeared to be classified material describing military options for confronting Iran, federal prosecutors issued a subpoena to his lawyers seeking the return of all records that resembled the document he mentioned, two people familiar with the matter said on Friday. But Mr. Trump’s legal team has informed the Justice Department that it was unable to find any such records in his possession, the people said. It is unclear whether prosecutors have been able to track down the document themselves, leaving open the possibility that the material remains at large or that the famously blustery Mr. Trump incorrectly described it on the recording.
  • Hill: Watergate prosecutor on Trump classified documents investigation: ‘I think he’s toast’: Former Watergate prosecutor Jill Wine-Banks said she thinks former President Trump is “toast” after prosecutors secured a tape recording of Trump discussing what seemed to be classified material on a potential military strike in Iran. “This evidence just adds to the mound of stuff that already exists, and no one piece is the ‘be all and end all,’ but when you put them all together, the case is so strong. You cannot imagine his getting away with this,” Wine-Banks said of Trump.

Trump and Fox News navigate cautious path in Iowa town hall, dodging legal pitfalls and reinforcing MAGA narratives

  • Guardian: Donald Trump and Fox News play it safe in town hall as network faces lawsuit: Donald Trump and Fox News played it safe on Thursday with a town-hall event in Iowa that swerved past the former US president’s election lies and liability for sexual abuse. The uncharacteristic omissions were a striking contrast to Trump’s recent town hall on rival network CNN and likely a source of relief for both his own lawyers and those of Fox News. In April, the beleaguered network agreed to pay Dominion Voting Systems $787m to avert a trial in the company’s lawsuit over its promotion of Trump’s debunked claims about the 2020 election. The case had already embarrassed Fox News over several months and raised the possibility that its founder, Rupert Murdoch, and stars such as Tucker Carlson and Sean Hannity would have to testify publicly. Fox News still faces a defamation lawsuit from another voting technology company, Smartmatic.
  • Washington Post: Three useful revelations from Trump’s Fox News lovefest: On Thursday, Trump was hosted by Fox News’ Sean Hannity for a “town hall” conversation in Iowa. In most respects, it mirrored the CNN town hall with Trump last month. Fox used a formalized set adhering to the nouveau-politics aesthetic of vibrant, shimmering reds and blues. It took questions for Trump from a cable-news personality and from members of the local audience. And, of course, it included lengthy riffs from Trump himself in which he said things that, to a casual observer, seemed like the sorts of things that politicians say, citing the sorts of things that politicians cite — but which, upon close examination, are obviously inaccurate or inappropriate. An extra hand here, an invented source there, text-like ramblings. ChatGPT for president.
  • New York Times: To Watch a Trump Town Hall on Fox Is to Enter an Entirely Different World: The two most telling moments on Thursday came from Trump’s audience. First, they booed Mike Pence at the very mention of his name. Second, they shouted derisively at Hannity at the mere thought that Trump should perhaps tone down his rhetoric. Both moments emphasized the ferocity of their support for Trump. Hannity’s performance was quite a contrast to Kaitlan Collins’s pointed challenges to Trump during last month’s CNN town hall. Yet both events advanced Trump’s narrative. CNN’s tough questions reminded MAGA of his alleged persecution. Hannity’s coddling reminded MAGA of Trump’s alleged triumphs. Both ultimately helped Trump deepen his bond with the people who love him the most.

In The States 

NORTH CAROLINA: GOP lawmakers weigh package of election laws — affecting everything from voter ID to early voting, mail-in ballots, voter registration rules and more

  • WRAL: NC lawmakers expected to roll out major election law changes, with input from former Trump lawyer: The 2024 elections in North Carolina could be conducted under far stricter rules under a proposal being crafted behind closed doors by Republican lawmakers — with input from a lawyer best known for assisting in efforts to overturn the 2020 presidential election. Republican operatives and state lawmakers expect a massive package of laws — affecting everything from voter ID to early voting, mail-in ballots, voter registration rules and more — to be filed in the coming days. “From talking to leaders in the House and Senate, it appears they’re going to bundle all these meritorious changes … and put them in an omnibus bill,” Jim Womack, a longtime GOP politician and party insider familiar with Republican leaders’ thinking on the issue, said in an interview Wednesday afternoon. “This is something my group has been pushing for.” Womack’s group is the Election Integrity Network, whose state chapter he runs with Cleta Mitchell, a former lawyer for then-President Donald Trump. She and Womack have met with high-ranking Republican lawmakers in recent weeks, pushing their goals for changes to election laws ahead of the 2024 elections. They say their changes will add security to elections and give people more faith that future results aren’t rigged.

NEBRASKA: Legislature passes voter ID bill on final day of session, becoming the 20th state to require photo identification

  • Associated Press: Nebraska voter ID bill passes, despite filibuster by lawmaker: Nebraska lawmakers passed a bill Thursday to comply with a voter ID requirement mandated by voters in November, with the lone vote against it coming from the lawmaker who led the effort to have it placed on the ballot. The 41-1 vote came on the last day of the 2023 legislative session and despite a filibuster effort by conservative Sen. Julie Slama, who chaired the referendum effort that saw the voter ID question put on last November’s ballot. Slama has railed against the bill, saying it fails to go far enough to protect the integrity of elections. Nebraska has no history of widespread voter fraud, but Slama and other supporters of the voter ID requirement say it’s needed to prevent possible future problems. The bill that passed, which was brought by fellow Republican Sen. Tom Brewer and the Government, Military and Veterans Affairs Committee he chairs, allows a wide array of photo identification that voters could present at the polls. IDs would include passports, driver’s licenses, military and tribal IDs and Nebraska college IDs. Even expired IDs would be allowed as long as they have the voter’s name and photo. Residents of hospitals, nursing homes and assisted living centers would be able to use patient documents that include a photo.

MINNESOTA: Voting rights restored to formerly incarcerated Minnesotans

  • Sahan Journal: Law restoring voting rights to thousands kicks in: Zeke Caligiuri got out of prison in April 2022, but a parole period that lasts until 2034 had put a chance to vote into the distance. For Elizer Darris and Antonio Williams, regaining voting rights wasn’t supposed to happen until 2025. Jennifer Schroeder’s felony probation could have kept her from the voting booth until 2053. All four became newly registered to vote Thursday thanks to a monumental shift in state law that speeds up eligibility to an estimated 55,000 Minnesotans whose criminal records previously got in the way. It’s Minnesota’s biggest single enfranchisement since the voting age was lowered to 18 a half century ago. The new law, which was approved in February, just kicked in and allows people who aren’t incarcerated to vote regardless of whether they remain on parole or probation, which had been disqualifiers before. Opponents of the change argued at the Capitol that it improperly reduces punishments for serious crimes and sends the wrong message about consequences for actions. Supporters said just as forcefully that the old way ostracized people who are trying hard to reintegrate into society and atone for their past.

TEXAS: Precedent of new state voting bills allowing intervention in Harris County elections, worries experts  

  • Texas Tribune: Harris County elections face state intervention under new Texas voting laws: Texas Republicans have muscled through legislation allowing unprecedented state interventions into elections in Harris County, the most populous county in Texas, threatening to drastically overhaul elections in the Democratic stronghold. The bills targeting Harris, which would eliminate its chief elections official and allow state officials to intervene and supervise the county’s elections in response to administrative complaints, are headed to the governor’s desk. Lawmakers say they’re responding to repeated election issues in Harris County, which includes the city of Houston. The county, for its part, has signaled it will challenge the bid to remove its elections administrator and is portraying the bills as a partisan power grab and the latest in a series of legislative moves by Texas Republicans to tighten access to the ballot in the wake of the 2020 presidential election.

What Experts Are Saying

Harry Litman, former US attorney, re: Trump attorneys meeting with Justice Department officials: “It’s really high stakes poker for team Trump to try to come up with a resolution that DOJ would accept. This is the last & best forum to air proposals out professionally across the table. Will know if they did something serious by whether DOJ stay its hand for days to consider.” Tweet 

Julian Zelizer, professor of history and public affairs at Princeton University: “The reason Trumpism has been so influential is that many of the ideas it espouses mesh well with the sentiment in this electorate. The kind of conservative anti-establishment populism that Trump has promoted, which is nationalistic, nativistic, distrustful, disruptive and deeply hostile to the social and cultural changes that have taken place since the 1960s, has strong appeal with many Republican voters.” CNN Op-Ed 

Larry Diamond,  senior fellow at the Hoover Institution and the Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies (FSI) at Stanford University: “I think that a lot of Americans are very estranged, very upset by their place in the social order. And they feel insecure or challenged in a variety of ways. Now, for some, it’s an identity challenge. They’re having trouble adjusting to the pathway America is on of becoming in the next two or three decades a nation in which there is no racial majority. And they have, in my view, a very crude and atavistic attitude toward immigration. And many of them it feels like the world they knew in which men were men and whites were you know in the majority, and there was some kind of social and racial hierarchy that they could be comfortable with. They just feel uneasy with it. And they feel sincerely that racial minorities have been getting special advantages, cutting to the head of the line, as Arlie Hochschild portrayed the analogy in her brilliant book, Strangers in Their Own Land, and they see Trump as the instrument to put it right. Others I think it’s really about economic insecurity and the fear of globalisation. It’s an antitrade, anti-financial globalisation backlash.” Financial Times 

Jake Grumbach, a professor of political science at the University of Washington: “says that what’s happening in legislatures now has far more to do with national partisan struggles than with the specific policies of Georgia, Tennessee, Montana, or any other state. ‘We’re now seeing a huge national tug-of-war over the direction of the country, which is happening at the state level because that’s where the political opportunities are,’ he says. Grumbach wrote a book entitled Laboratories Against Democracy: How National Parties Transformed State Politics. And while both Democratic and Republican majorities have the power to enact partisan priorities, Grumbach says a party is more prone to breaking norms. ‘We’ve really seen Republicans taking advantage of the law more than Democrats,’ Grumbach said…Grumbach says gerrymandering helps make this possible. In embattled Georgia last year, only five of 236 statehouse elections were considered competitive in the 2022 election. ‘There has really been a breakdown in the relationship between citizen opinion and politics at the state level,’ he says.” Georgia Law News

Headlines

The MAGA Movement And The Ongoing Threat To Elections

Rolling Stone: Trump Calls Military ‘Woke’ Hours After Saying Term Is Meaningless

Daily Beast: When Did the ‘F*ck Your Feelings’ Crowd Get So Triggered?

New York Magazine: The GOP’s Authoritarian Acceleration

Trump Investigations 

Vox: The Georgia Trump election investigation keeps getting bigger

Washington Post: Trump-funded studies disputing election fraud are focus in two probes

January 6 And The 2020 Election

New York Times: Two More Oath Keepers Members Receive Sentences for Sedition in Jan. 6 Case

Hill: Greene flips on public release of Jan. 6 tapes, claims it could ‘put the security of the Capitol at risk’

Opinion

Hill: Supreme Court is not above law, especially on ethics rules

Washington Post: Roberts should use the LBJ model on Clarence Thomas

Hill: The nationwide attack on Black voters

New York Times: States Are Silencing the Will of Millions of Voters

Washington Post: The ‘Minnesota Miracle’ should serve as a model for Democrats

Hill: The unseen consequence of political violence

New York Times: The First Name of a Supreme Court Justice Is Not Justice

In the States

Washington Post: D.C. election laws are GOP’s next target in Congress

New York Times: Group Challenges Arkansas Law That Would Criminalize Access to Some Books

Crosscut: Judge considers if Central WA redistricting breaks federal law

MPB: Voter advocates file lawsuit over new Mississippi law