Orange Meltdown: The Day Before, Con't

With Trump arraignment expected tomorrow, and as many have pointed out, Trump is going to soon have much bigger problems than just Alvin Bragg.

 

Justice Department and FBI investigators have amassed fresh evidence pointing to possible obstruction by former president Donald Trump in the investigation into top-secret documents found at his Mar-a-Lago home, according to people familiar with the matter.

The additional evidence comes as investigators have used emails and text messages from a former Trump aide to help understand key moments last year, said the people, who like others interviewed for this article spoke on the condition of anonymity to discuss an ongoing criminal investigation.

The new details highlight the degree to which special counsel Jack Smith’s investigation into the potential mishandling of hundreds of classified national security papers at Trump’s Florida home and private club has come to focus on the obstruction elements of the case — whether the former president took or directed actions to impede government efforts to collect all the sensitive records.

The emphasis on obstruction marks a key distinction so far between the Mar-a-Lago investigation and a separate Justice Department probe into how a much smaller number of classified documents ended up in an insecure office of President Biden’s, as well as his Delaware home. The Trump investigation is much further along than the Biden probe, which began in November and is being overseen by a different special counsel, Robert K. Hur. Biden’s lawyers say they have quickly handed over all classified documents found in Biden’s possession.

The Trump investigation team has spent much of its time focusing on events that happened after Trump’s advisers received a subpoena in May demanding the return of all documents with classified markings, the people familiar with the matter said. Smith is trying to determine if Trump or others mishandled national security documents, and if there is enough evidence to ask a grand jury to charge him with obstructing the investigation.

The Mar-a-Lago investigation is one of four separate criminal probes involving Trump, who is campaigning for another term in the White House. Trump has been indicted by a New York grand jury that heard evidence about money paid to adult-film actress Stormy Daniels during his 2016 presidential campaign. He is set to make his first court appearance in that case Tuesday. He is also being investigated by the Justice Department and a state prosecutor in Georgia over efforts to block Joe Biden’s victory in the 2020 election.

An FBI spokesman referred questions to a spokesman for the special counsel, who declined to comment.

 

It's not the crime, it's the cover-up that's also criminal.

Court papers filed seeking judicial authorization for the FBI to conduct the search of Trump’s home show agents believed that “evidence of obstruction will be found at the premises.”

The application for court approval for that search said agents were pursuing evidence of violations of statutes including 18 USC 1519, which makes it a crime to alter, destroy, mutilate or conceal a document or tangible object “with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency.”

A key element in most obstruction cases is intent, because to bring such a charge, prosecutors have to be able to show that whatever actions were taken were done to try to hinder or block an investigation. In the Trump case, prosecutors and federal agents are trying to gather any evidence pointing to the motivation for Trump’s actions.

The Washington Post reported in October that Trump’s valet, Walt Nauta, had told investigators that he moved boxes at Mar-a-Lago at the former president’s instruction after the subpoena was issued. Smith’s team has video surveillance footage corroborating that account, The Post reported, and considers the evidence significant.

 

In other words, Trump's intent to purposely impede the investigation into his classified documents at Mar-a-Lago is an even bigger problem then having the documents. That's likely been the case, but now we know that's what Jack Smith and the feds are actively pursuing.

Still, that's not going to stop Trump from screaming at Bragg and demanding that somebody deal with him. 

Donald Trump has told advisers and associates in recent days that he is prepared to escalate attacks against the Manhattan prosecutor who resurrected the criminal prosecution into his hush money payments to adult film star Stormy Daniels in 2016 now that a grand jury has indicted him.

The former president has vowed to people close to him that he wants to go on the offensive and – in a private moment over the weekend at his Mar-a-Lago resort in Florida that demonstrates his gathering resolve – remarked using more colorful language that it was time to politically “rough ’em up”.

Trump had already signaled that he would go after the Manhattan district attorney, Alvin Bragg, weeks before the grand jury handed up an indictment against him on Thursday, saying in pugilistic posts on Truth Social that the prosecution was purely political and accusing Bragg of being a psychopath.

But the latest charged language reflects Trump’s determination to double down on those attacks as he returns to his time-tested playbook of brawling with prosecutors, especially when faced with legal trouble that he knows he cannot avoid, people close to him said.

The episode at Mar-a-Lago came on the sidelines of strategy meetings Trump had with advisers and associates about how to respond to the indictment from a legal and political standpoint, sessions which were described by two sources close to the former president.

 

Unless the judge in this case is ready to issue a gag order with significant and far-reaching consequences, Trump will simply have others issue his calls to target Bragg and "rough em up". Even if Trump is muzzled in order to stop his attacks, House Republicans are ready to try to tie up the case for months with subpoenas and motions targeting Bragg and his office, if not going so far as to directly interfere with the proceedings themselves.

Tomorrow will be a madhouse, and the madness will only get worse.

 

On the other hand, the vast majority of Americans agree with Bragg's indictment.

Sixty percent of Americans approve of the indictment of former President Donald Trump, according to a new CNN Poll conducted by SSRS following the news that a New York grand jury voted to charge him in connection with hush money payments made to adult film actress Stormy Daniels. About three-quarters of Americans say politics played at least some role in the decision to indict Trump, including 52% who said it played a major role.

Independents largely line up in support of the indictment – 62% approve of it and 38% disapprove. Democrats are near universal in their support for the indictment (94% approve, including 71% who strongly approve of the indictment), with Republicans less unified in opposition (79% disapprove, with 54% strongly disapproving).

While views on the indictment are split along party lines, the poll finds that majorities across major demographic divides all approve of the decision to indict the former president. That includes gender (62% of women, 58% of men), racial and ethnic groups (82% of Black adults, 71% of Hispanic adults, 51% of White adults), generational lines (69% under age 35; 62% age 35-49; 53% age 50-64; 54% 65 or older) and educational levels (68% with college degrees, 56% with some college or less).

 

Even White voters approve of the indictment (barely).  The goal by Trump and his cronies is to turn voters against the indictment and use that anger to help him politically. So far, that's not happening.

But we have a long way to go.