FBI

Trump Docs Probe: Court Lifts Hold On Mar-a-Lago Records

By Associated Press
September 21, 2022

The ruling means the Justice Department will immediately regain access to the classified documents seized from Mar-a-Lago.

A federal appeals panel has lifted a judge’s hold on the Justice Department’s ability to use classified records seized from former President Donald Trump’s Florida estate in its ongoing criminal investigation.

The ruling from a three-judge panel of the U.S. Court of Appeals for the 11th Circuit is a victory for the Justice Department, clearing the way for it to immediately resume its use of the documents as it evaluates whether to bring criminal charges in its investigation into the presence of top-secret government records held at Mar-a-Lago after Trump left the White House.

The government had argued that its investigation had been impeded by the order from U.S. District Judge Aileen Cannon that temporarily barred investigators from continuing to use the documents in the probe. Cannon, a Trump appointee, had said the hold would remain in place pending a separate review by an independent arbiter she had appointed at the Trump team’s request.

The FBI last month seized roughly 11,000 documents, including about 100 with classification markings, during a court-authorized search of the Palm Beach club. It has launched a criminal investigation into whether the records were mishandled or compromised. It is not clear whether Trump or anyone else will be charged.

Cannon ruled on Sept. 5 that she would name an independent arbiter, or special master, to do an independent review of those records and segregate any that may be covered by claims of attorney-client privilege or executive privilege and to determine whether any of the materials should be returned to Trump. Raymond Dearie, the former chief judge of the federal court based in Brooklyn, has been named to the role.

The Justice Department had argued that a special master review of the classified documents was not necessary. It said Trump, as a former president, could not invoke executive privilege over the documents, nor could they be covered by attorney-client privilege because they do not involve communications between Trump and his lawyers.

Trump’s lawyers argued that an independent review of the records was essential given the unprecedented nature of the investigation. The lawyers also said the department had not yet proven that the seized documents were classified, though they notably stopped short of asserting — as Trump repeatedly has — that the records were previously declassified. They have resisted providing Dearie with their position on that question, signaling the issue could be part of their defense in the event of an indictment.

Additional reporting by The Associated Press.

: newsy.com

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Arbiter In Trump Docs Probe Signals Intent To Move Quickly

“We’re going to proceed with what I call responsible dispatch,” Raymond Dearie, a veteran Brooklyn judge, told lawyers.

The independent arbiter tasked with inspecting documents seized in an FBI search of former President Donald Trump’s Florida home said Tuesday he intends to push briskly through the review process and appeared skeptical of the Trump team’s reluctance to say whether it believed the records had been declassified.

“We’re going to proceed with what I call responsible dispatch,” Raymond Dearie, a veteran Brooklyn judge, told lawyers for Trump and the Justice Department in their first meeting since his appointment last week as a so-called special master.

The purpose of the meeting was to sort out next steps in a review process expected to slow by weeks, if not months, the criminal investigation into the retention of top-secret information at Mar-a-Lago after Trump left the White House. As special master, Dearie will be responsible for sifting through the thousands of documents recovered during the Aug. 8 FBI search and segregating any that might be protected by claims of executive privilege or attorney-client privilege.

Though Trump’s lawyers had requested the appointment of a special master to ensure an independent review of the documents, they have resisted Dearie’s request for more information about whether the seized records had been previously declassified — as Trump has maintained. His lawyers have consistently stopped short of that claim even as they asserted in a separate filing Tuesday that the Justice Department had not proven that the documents were classified. In any event, they say, a president has absolute authority to declassify information.

“In the case of someone who has been president of the United States, they have unfettered access along with unfettered declassification authority,” one of Trump’s lawyers, James Trusty, said in court Tuesday.

But Dearie said that if Trump’s lawyers will not actually assert that the records have been declassified, and the Justice Department instead makes an acceptable case that they remain classified, then he would be inclined to regard them as classified.

“As far as I’m concerned,” he said, “that’s the end of it.”

In a letter to Dearie on Monday night, the lawyers said the declassification issue might be part of Trump’s defense in the event of an indictment. And Trusty said in court Tuesday that the Trump team should not be forced at this point in the investigation to disclose details of a possible defense based on the idea the records had been declassified.

He denied that the lawyers were trying to engage in “gamesman-like” behavior but instead said it was a process that required “baby steps.” He said the right time for the discussion is whenever Trump presses forward with a claim to get any seized property back.

Dearie said he understood the position but observed, “I guess my view of it is, you can’t have your cake and eat it” too.

The resistance to the judge’s request was notable because it was Trump’s lawyers, not the Justice Department, who had requested the appointment of a special master and because the recalcitrance included an acknowledgment that the probe could be building toward an indictment.

Despite the focus on whether the seized documents are classified or not, the three statutes the Justice Department listed on a warrant as part of its investigation do not require that the mishandled information be classified in order for prosecutors to initiate a criminal case.

The Trump team has also questioned the feasibility of some of the deadlines for the special master’s review. That work includes inspecting the roughly 11,000 documents, including about 100 marked as classified, that were taken during the FBI’s search.

U.S. District Judge Aileen Cannon, a Trump appointee who granted the Trump team’s request for a special master, had set a Nov. 30 deadline for Dearie’s review and instructed him to prioritize the tranche of classified records.

Dearie, a Ronald Reagan appointee whose name is on the atrium of his Brooklyn courthouse, made clear during Tuesday’s meeting that he intended to meet the deadlines, saying there was “little time” to complete the assigned tasks.

Julie Edelstein, a Justice Department lawyer, said she was hopeful that the department could get the documents digitized and provided to Trump’s lawyers by early next week. She noted that the department had given the legal team a list of five vendors approved by the government for the purposes of scanning, hosting and otherwise processing the seized records.

After some haggling, Dearie instructed Trusty’s lawyers to choose a vendor by Friday.

Earlier Tuesday, the Trump legal team urged the U.S. Court of Appeals for the 11th Circuit to leave in place Cannon’s order temporarily barring the Justice Department’s use of the classified records for its criminal investigation while Dearie completes his review. The department is also contesting Cannon’s requirement that it provide Dearie with classified materials for his review, saying such records are not subject to any possible claims of attorney-client privilege or executive privilege.

The department has also said that Cannon’s order has impeded its investigation.

Trump’s lawyers called those concerns overblown in a response Tuesday, saying investigators could still do other work on the probe even without scrutinizing the seized records.

“Ultimately, any brief delay to the criminal investigation will not irreparably harm the Government,” Trump’s lawyers wrote. “The injunction does not preclude the Government from conducting a criminal investigation, it merely delays the investigation for a short period while a neutral third party reviews the documents in question.”

Additional reporting by The Associated Press.

: newsy.com

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47 People Charged For Stealing $250M In Minnesota Food Scheme

The defendants are accused of defrauding and stealing from a federal program that provides meals to low-income children.

Federal authorities have charged 47 people in what they’re calling the largest fraud scheme yet to take advantage of the COVID-19 pandemic by stealing and defrauding the government of $250 million.

Prosecutors say the defendants created companies that claimed to be offering food to tens of thousands of children across Minnesota, then sought reimbursement for those meals through the U.S. Department of Agriculture’s food nutrition programs. Prosecutors say few meals were actually served, and the defendants used the money to buy luxury cars, property and jewelry.

“This $250 million is the floor,” Andy Luger, the U.S. attorney for Minnesota, said at a news conference. “Our investigation continues.”

Many of the companies that claimed to be serving food were sponsored by a nonprofit called Feeding Our Future, which submitted the companies’ claims for reimbursement. Feeding Our Future’s founder and executive director, Aimee Bock, was among those indicted, and authorities say she and others in her organization submitted the fraudulent claims for reimbursement and received kickbacks.

Bock’s attorney, Kenneth Udoibok, said the indictment “doesn’t indicate guilt or innocence.” He said he wouldn’t comment further until seeing the indictment.

In an interview in January after law enforcement searched her home and offices, among other sites, Bock denied stealing money and said she never saw evidence of fraud.

Earlier this year, the U.S. Department of Justice made prosecuting pandemic-related fraud a priority. The department has already taken enforcement actions related to more than $8 billion in suspected pandemic fraud, including bringing charges in more than 1,000 criminal cases involving losses in excess of $1.1 billion.

Federal officials repeatedly described the alleged fraud as “brazen,” and decried that it involved a program intended to feed children who needed help during the pandemic. Michael Paul, the agent in charge of the Minneapolis FBI office, called it “an astonishing display of deceit.”

Luger said the government was billed for more than 125 million fake meals, with some defendants making up names for children by using an online random name generator. He displayed one form for reimbursement that claimed a site served exactly 2,500 meals each day Monday through Friday — with no children ever getting sick or otherwise missing from the program.

“These children were simply invented,” Luger said.

He said the government has so far recovered $50 million in money and property and expects to recover more.

The defendants in Minnesota face multiple counts, including conspiracy, wire fraud, money laundering and bribery. Luger said some of them were arrested Tuesday morning.

According to court documents, the alleged scheme targeted the USDA’s federal child nutrition programs, which provide food to low-income children and adults. In Minnesota, the funds are administered by the state Department of Education, and meals have historically been provided to kids through educational programs, such as schools or day care centers.

The sites that serve the food are sponsored by public or nonprofit groups, such as Feeding Our Future. The sponsoring agency keeps 10% to 15% of the reimbursement funds as an administrative fee in exchange for submitting claims, sponsoring the sites and disbursing the funds.

But during the pandemic, some of the standard requirements for sites to participate in the federal food nutrition programs were waived. The USDA allowed for-profit restaurants to participate, and allowed food to be distributed outside educational programs. The charging documents say the defendants exploited such changes “to enrich themselves.”

The documents say Bock oversaw the scheme and that she and Feeding Our Future sponsored the opening of nearly 200 federal child nutrition program sites throughout the state, knowing that the sites intended to submit fraudulent claims. “The sites fraudulently claimed to be serving meals to thousands of children a day within just days or weeks of being formed and despite having few, if any staff and little to no experience serving this volume of meals,” according to the indictments.

One example described a small storefront restaurant in Willmar, in west-central Minnesota, that typically served only a few dozen people a day. Two defendants offered the owner $40,000 a month to use his restaurant, then billed the government for some 1.6 million meals through 11 months of 2021, according to one indictment. They listed the names of around 2,000 children — nearly half of the local school district’s total enrollment — and only 33 names matched actual students, the indictment said.

Feeding Our Future received nearly $18 million in federal child nutrition program funds as administrative fees in 2021 alone, and Bock and other employees received additional kickbacks, which were often disguised as “consulting fees” paid to shell companies, the charging documents said.

According to an FBI affidavit unsealed earlier this year, Feeding Our Future received $307,000 in reimbursements from the USDA in 2018, $3.45 million in 2019 and $42.7 million in 2020. The amount of reimbursements jumped to $197.9 million in 2021.

Court documents say the Minnesota Department of Education was growing concerned about the rapid increase in the number of sites sponsored by Feeding Our Future, as well as the increase in reimbursements.

The department began scrutinizing Feeding Our Future’s site applications more carefully, and denied dozens of them. In response, Bock sued the department in November 2020, alleging discrimination, saying the majority of her sites were based in immigrant communities. That case has since been dismissed.

Additional reporting by The Associated Press.

: newsy.com

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California Woman Gets 18 Months For Kidnapping Hoax

As part of the plea agreement, she has agreed to reimburse law enforcement agencies for the costs of the search for her and her nonexistent kidnapper.

A Northern California mother of two was sentenced Monday to 18 months in prison for faking her own kidnapping so she could go back to a former boyfriend, which led to a three-week, multi-state search before she resurfaced on Thanksgiving Day in 2016.

Sherri Papini, 40, pleaded guilty last spring under a plea bargain that requires her to pay more than $300,000 in restitution.

Probation officers and Papini’s attorney had recommended that she spend a month in custody and seven months in supervised home detention. But Senior U.S. District Judge William Shubb said he opted for an 18-month sentence in order to deter others.

The judge said he considered the seriousness of the offense and “the sheer number of people who were impacted.”

Papini, who was emotional throughout the proceedings, quietly answered, “Yes, sir,” when the judge asked if she understood the sentence. Previously she was in tears as she gave a statement to the court accepting responsibility and admitting her guilt.

“As painful as it is,” Papini accepts her sentence as part of her recovery, defense attorney William Portanova said after the hearing.

Portanova previously said Papini was troubled and disgraced and that she should serve most of her sentence at home. Prosecutors, though, said it was imperative that she spend her full term in prison. The judge ordered her to report to prison Nov. 8.

“Papini’s kidnapping hoax was deliberate, well planned, and sophisticated,” prosecutors wrote in their court filing. And she was still falsely telling people she was kidnapped months after she pleaded guilty in April to staging the abduction and lying to the FBI about it, they wrote.

“The nation is watching the outcome of Papini’s sentencing hearing,” Assistant U.S. Attorneys Veronica Alegria and Shelley Weger wrote. “The public needs to know that there will be more than a slap on the wrist for committing financial fraud and making false statements to law enforcement, particularly when those false statements result in the expenditure of substantial resources and implicate innocent people.”

“Outwardly sweet and loving, yet capable of intense deceit … Ms. Papini’s chameleonic personalities drove her to simultaneously crave family security and the freedom of youth,” Portanova wrote in his responding court filing.

So “in pursuit of a non-sensical fantasy,” Portanova said the married mother fled to a former boyfriend in Southern California, nearly 600 miles south of her home in Redding. He dropped her off along Interstate 5 about 150 miles from her home after she said she wanted to go home.

Passersby found her with bindings on her body, a swollen nose, a blurred “brand” on her right shoulder, bruises and rashes across her body, ligature marks on her wrists and ankles, and burns on her left forearm. All of the injuries were self-inflicted and were designed to substantiate her story that she had been abducted at gunpoint by two Hispanic women while she was out for a run.

The wounds were a manifestation of her “unsettled masochism” and “self-inflicted penance,” Portanova wrote. And once she began, “each lie demanded another lie.”

Prosecutors said Papini’s ruse harmed more than just herself and her family. “An entire community believed the hoax and lived in fear that Hispanic women were roving the streets to abduct and sell women,” they wrote.

Prosecutors agreed to seek a sentence on the low end of the sentencing range in exchange for Papini’s guilty plea. That was projected to be between eight and 14 months in custody, down from the maximum 25 years for the two charges.

She has offered no rationale for her actions, which stumped even independent mental health experts who said her actions didn’t conform with any typical diagnosis.

“Papini’s painful early years twisted and froze her in myriad ways,” Portanova said in arguing for home confinement. With her deception finally revealed, he said, “It is hard to imagine a more brutal public revelation of a person’s broken inner self. At this point, the punishment is already intense and feels like a life sentence.”

But prosecutors said her “past trauma and mental health issues alone cannot account for all of her actions.”

“Papini’s planning of her hoax kidnapping was meticulous and began months in advance — it was not merely the reaction to a traumatic childhood,” they wrote.

After herarrestin March, Papini received more than $30,000 worth of psychiatric care for anxiety, depression and post-traumatic stress disorder. She billed the state’s victim compensation fund for the treatment, and now must pay it back as part of her restitution.

As part of the plea agreement, she has agreed to reimburse law enforcement agencies more than $150,000 for the costs of the search for her and her nonexistent kidnappers, and repay the $128,000 she received in disability payments since her return.

Additional reporting by The Associated Press.

: newsy.com

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Veteran NY Judge Named As Arbiter In Trump Mar-a-Lago Probe

By Associated Press
September 15, 2022

The judge granted the newly named special master, Raymond Dearie, access to the entire tranche of documents seized from Mar-a-Lago.

A federal judge on Thursday appointed a veteran New York jurist to serve as an independent arbiter and review records seized during an FBI search of former President Donald Trump’s Florida home last month.

In her order, U.S. District Judge Aileen Cannon refused a Justice Department request to lift her temporary prohibition on the department’s use of the roughly 100 classified records that were taken during the Aug. 8 search. She also granted the newly named special master, Raymond Dearie, access to the entire tranche of documents seized from the property even though the department had said the arbiter shouldn’t be permitted to inspect the batch of classified records.

The Justice Department is expected to contest the judge’s order to a federal appeals court. It had given Cannon until Thursday to put on hold her order barring the continued review of classified records, and said it would ask the Atlanta-based 11th U.S. Circuit Court of Appeals to intervene if she did not do so then.

A Justice Department spokesman did not immediately return a message Thursday evening.

The selection of Dearie, a former federal prosecutor who for years served as the chief judge of the federal court based in Brooklyn, came after both the Justice Department and Trump’s lawyers made clear that they would be satisfied with his appointment as a so-called special master.

In that role, Dearie will be responsible for reviewing the documents taken during the search of Mar-a-Lago and segregating out any that may be covered by claims of privilege. It is not clear how long the work will take but the special master process has already delayed the investigation, with Cannon directing the Justice Department to temporarily pause core aspects of its probe.

The Justice Department is investigating the hoarding of top-secret materials and other classified documents at the Florida property after Trump left office. The FBI says it recovered more than 11,000 documents from the home during its search, including roughly 100 with classification markings.

Trump’s lawyers had asked last month for a judge to name a special master to do an independent review of the records and segregate any that may be covered by claims of executive privilege or attorney-client privilege. The Justice Department argued the appointment was unnecessary, saying it had already done its own review and Trump had no right to raise executive privilege claims that ordinarily permit the president to withhold certain information from the public and Congress.

Cannon, a Trump appointee, disagreed and directed both sides to name potential candidates for the role. She also ordered the Justice Department to halt its review of the documents for investigative purposes until “further Court order” or until the special master completes their review.

The Trump team recommended either Dearie or a Florida lawyer for the job. The Justice Department said that, in addition to the two retired judges whose names it submitted, it would also be satisfied with a Dearie appointment.

Dearie served as the top federal prosecutor for the Eastern District of New York from 1982 to 1986, at which point he was appointed to the federal bench by then-President Ronald Reagan. He has also served on the Foreign Intelligence Surveillance Court, which authorizes Justice Department wiretap applications in investigations involving suspected agents of a foreign power.

He took senior status in 2011, but the Justice Department has said he remains active and had indicated to officials that he was available for the position and could work expeditiously if appointed to it.

Additional reporting by The Associated Press.

: newsy.com

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Rhode Island Gov. Dan McKee Narrowly Wins Democratic Primary

McKee edged out former CVS executive Helena Foulkes, who saw a late surge in the polls and won an endorsement from The Boston Globe’s editorial board.

Rhode Island Gov. Dan McKee eked out a victory in his Democratic primary on Tuesday, beating back strong challenges from a pair of opponents as he seeks his first full term in office.

McKee, the former lieutenant governor who became the state’s chief executive a year and a half ago when two-term Gov. Gina Raimondo was tapped as U.S. commerce secretary, will be the heavy favorite in the liberal state in November against Republican Ashley Kalus, a business owner and political novice.

McKee edged out former CVS executive Helena Foulkes, who saw a late surge in the polls and won a last-minute endorsement from The Boston Globe’s editorial board. Secretary of State Nellie Gorbea, who was seeking to become the first Latina governor in New England, finished a close third.

“I’m proud to be here,” the 71-year-old governor said in his victory speech. “Because Rhode Island is positioned in a way where we’ve never had this momentum before and we’re going to take full advantage of it.”

In an awkward moment, a phone was handed toward McKee during the speech. When he was told it was Foulkes, McKee said, “No, that’s not going to happen.” As the crowd chanted “four more years,” McKee said, “Hang up on them, hang up on them.”

Foulkes told her supporters she was unhappy McKee wouldn’t answer her call.

In the last primaries before the November general election, voters in Rhode Island were choosing nominees for statewide offices, U.S. House, the state Legislature and local positions. New Hampshire and Delaware also held primaries on Tuesday.

With his victory, McKee avoided becoming the first governor to lose his primary since 2018, when Kansas Gov. Jeff Colyer narrowly lost the Republican nomination to Secretary of State Kris Kobach, who went on to lose the general election to Democrat Laura Kelly. Like McKee, Colyer took over when the sitting governor resigned for another job.

In his campaign, McKee touted his leadership in navigating the state’s economic recovery from the COVID-19 pandemic after he was sworn in as governor in March 2021. Foulkes said she would work to find new ways for companies to invest in Rhode Island and help existing companies find new markets. Gorbea argued the state needed better leadership on issues like housing, education and climate change.

Besides McKee, Foulkes and Gorbea, two other Democrats were also seeking the nomination: former Secretary of State Matt Brown, a progressive; and community activist Dr. Luis Daniel Muñoz.

Kalus easily defeated her lone Republican rival, Jonathan Riccitelli, whom the Globe reported had been arrested dozens of times since 2000 under a different name, on charges ranging from obstructing police officers to assault, according to court records.

Kalus, who owns a COVID-19 testing company that’s in a dispute with the state over a canceled contract, moved to Rhode Island last year from Illinois and previously worked for former Illinois Republican Gov. Bruce Rauner. She said Rhode Island needs a fighter like her, now more than ever, because every day gets harder for working families.

In another top race on Tuesday, voters were choosing nominees in the 2nd Congressional District for the seat being vacated by Democratic Rep. Jim Langevin, who is retiring after more than 20 years representing the district. Langevin was the first quadriplegic to serve in Congress.

State Treasurer Seth Magaziner, who was endorsed by Langevin, won the crowded Democratic primary. Republican Allan Fung, the former mayor of Cranston, was unopposed in his bid for the Republican nomination. National Republican leaders think this is their best chance to flip the seat in more than three decades. House Republican leader Kevin McCarthy visited Rhode Island in August to raise money for Fung.

Magaziner had been running for governor but switched races after Langevin’s announcement to try to keep the seat in Democratic control. Magaziner told supporters Tuesday night that the election is about values and preserving democracy for the next generation.

In the 1st Congressional District, Democratic U.S. Rep. David Cicilline will face Republican Allen Waters in November. Both were unopposed Tuesday. Cicilline is seeking his seventh term.

But the top race in Rhode Island on Tuesday was the Democratic gubernatorial primary. Both McKee and Gorbea benefited from the base of support and name recognition they have gotten since both were elected to statewide office in 2014. Foulkes proved to be an adept fundraiser and spent heavily on the race in her first bid for public office.

Late in the primary, Gorbea’s campaign aired an attack ad to criticize McKee over the awarding of a controversial state contract that the FBI is now investigating. It had to pull the ad because of errors in it, including featuring an article by a conservative commentator who was criticizing McKee on another issue. McKee’s campaign said the governor would continue to rise above dirty politics and false attacks, and show “leadership when it matters most.”

McKee was endorsed by a host of large unions, including those representing teachers, firefighters, building trades and auto workers. He highlighted his efforts to help the state’s economy recover from COVID-19, the gun control bills he signed into law and his efforts to protect access to abortion care.

He had a memorable ad of his own, called “motha,” featuring his 94-year-old mother. As he plays cards with her, he discusses the state’s economic recovery from COVID-19, eliminating the state’s car tax, creating affordable housing and passing gun safety laws to keep families safe.

“Not bad for a year and a half,” the governor says.

His mother, Willa, replies, “Not bad for a governor that lives with his motha.”

During his victory speech, McKee ticked off his accomplishments and asked the crowd, “Are you ready?” He said, “Not bad for 18 months.” Laughing, some of his supporters said Willa’s line, “Not bad for a governor that lives with his mother.”

Additional reporting by The Associated Press.

: newsy.com

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Judge Unseals Additional Portions Of Mar-A-Lago Affidavit

By Associated Press

and Newsy Staff
September 14, 2022

DOJ has been investigating the holding of top-secret information and other classified documents at Mar-a-Lago after Donald Trump left the White House.

A federal judge Tuesday unsealed additional portions of an FBI affidavit laying out the basis for a search of former President Donald Trump’s Florida home, showing that agents earlier obtained a hard drive after issuing a subpoena for surveillance footage recorded inside Mar-a-Lago.

A heavily redacted version of the affidavit was made public last month, but the Justice Department requested permission to show more of it after lawyers for Trump revealed the existence of a June grand jury subpoena that sought video footage from cameras in the vicinity of the Mar-a-Lago storage room.

“Because those aspects of the grand jury’s investigation have now been publicly revealed, there is no longer any reason to keep them sealed (i.e. redacted) in the filings in this matter,” department lawyers wrote.

The newly visible portions of the FBI agent’s affidavit show that the FBI on June 24 subpoenaed for the footage after a visit weeks earlier to Mar-a-Lago in which agents observed 50 to 55 boxes of records in the storage room at the property. The Trump Organization provided a hard drive on July 6 in response to the subpoena, the affidavit says.

The footage could be an important piece of the investigation, including as agents evaluate whether anyone has sought to obstruct the probe. The Justice Department has said in a separate filing that it has “developed evidence that government records were likely concealed and removed from the Storage Room and that efforts were likely taken to obstruct the government’s investigation.”

The Justice Department has been investigating the holding of top-secret information and other classified documents at Mar-a-Lago after Trump left the White House. FBI agents during their Aug. 8 search of the home and club said they recovered more than 11,000 documents and 1,800 other items, including roughly 100 with classification markings.

Separately Tuesday, the Justice Department again urged U.S. District Judge Aileen Cannon to lift her hold on core aspects of the investigation. Cannon last week granted the Trump team’s request for an independent arbiter to review the seized documents and weed out from the investigation any records that may be covered by claims of executive or attorney-client privilege.

She also ordered the department to halt its review of the records pending any further court order or the completion of a review by the yet-to-be-named special master. The department urged Cannon last week to put her order on hold and told the judge Tuesday that its investigation would be harmed by a continued delay of its ability to scrutinize the classified documents.

“The government and the public unquestionably have an interest in the timely enforcement of criminal laws, particularly those involving the protection of highly sensitive information, and especially where, as here, there may have been efforts to obstruct its investigation,” the lawyers wrote.

The Trump team on Monday urged the judge to leave her order in place. His lawyers raised questions about the documents’ current classification status and noted that a president has absolute authority to declassify information, though they pointedly did not say that Trump had actually declassified anything.

Additional reporting by The Associated Press.

: newsy.com

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Justice Department OK With 1 Trump Pick For Mar-A-Lago Arbiter

The accommodation could help accelerate the selection process and shorten any delays caused by the appointment of the so-called special master.

The Justice Department said Monday that it was willing to accept one of Donald Trump’s picks for an independent arbiter to review documents seized during an FBI search of the former president’s Florida home last month.

The accommodation could help accelerate the selection process and shorten any delays caused by the appointment of the so-called special master. The judge in the case, granting a request from the Trump team, said last week that she would appoint a neutral arbiter to go through the records and weed out any that may be covered by executive privilege or attorney-client privilege.

Department lawyers said in a filing Monday night that, in addition to the two retired judges whom they earlier recommended, they would also be satisfied with one of the Trump team selections — Raymond Dearie, the former chief judge of the federal court in the Eastern District of New York. He is currently on senior active status, and the department said he had indicated he was available and “could perform the work expeditiously” if appointed.

It was not immediately clear whether U.S. District Judge Aileen Cannon would name Dearie or someone else. The Trump team said earlier Monday that it opposed both Justice Department selections.

The back-and-forth over the special master came as Trump’s lawyers in a 21-page filing Monday dismissed the former president’s retention of top-secret documents at Mar-a-Lago as a “storage dispute” and urged Cannon to keep in place a directive that temporarily halted key aspects of the Justice Department’s criminal probe. The Trump team referred to the documents that were seized as “purported ‘classified records,'” saying the Justice Department had not proven that the materials taken by the FBI during its Aug. 8 search were classified or remain so now.

The filing underscores the significant factual and legal disagreements between lawyers for Trump and the U.S. government as the Justice Department looks to move forward with its criminal investigation into the retention of national defense information at Mar-a-Lago. Department lawyers in their own filings have rejected the idea that the documents, many of them classified at the top-secret level, belonged to Trump or that Mar-a-Lago was a permissible place to store them.

“This investigation of the 45th President of the United States is both unprecedented and misguided,” they wrote. “In what at its core is a document storage dispute that has spiraled out of control, the Government wrongfully seeks to criminalize the possession by the 45th President of his own Presidential and personal records.”

The investigation hit a roadblock last week when Cannon granted the Trump team’s request for a special master and prohibited the department, for now, from examining the documents for investigative purposes.

The Justice Department has asked the judge to lift that hold and said it would contest her ruling to a federal appeals court. The department said its investigation risked being harmed beyond repair if that order remained in place, noting that confusion about its scope had already led the intelligence community to pause a separate risk assessment.

But Trump’s lawyers said in their own motion Monday that Cannon should not permit the FBI to resume its review of classified records. It said the government had unilaterally determined the records to be classified but had not yet proven that they remain so.

“In opposing any neutral review of the seized materials, the Government seeks to block a reasonable first step towards restoring order from chaos and increasing public confidence in the integrity of the process,” the lawyers wrote.

Both sides on Friday night proposed different names of candidates who could serve as special master, though they disagreed on the scope of duties the person should have. Cannon has said the yet-to-be-named arbiter would be tasked with reviewing the documents and segregating out any that could be covered by claims of either executive privilege or attorney-client privilege.

The Justice Department recommended either Barbara Jones, a retired judge in Manhattan who has served as special master in prior high-profile investigations, or Thomas Griffith, a retired federal appeals court jurist in the District of Columbia who was appointed to the bench by former President George W. Bush. The department said in its proposal that the special master should not have access to classified documents, or be empowered to consider claims of executive privilege.

On Monday, the Trump team told the judge it was objecting to both those candidates but was not prepared to say why publicly at the moment.

Trump’s lawyers proposed either Dearie, a senior judge on active status in the federal court in Brooklyn who also previously served on the Foreign Intelligence Surveillance Court, or Florida lawyer Paul Huck Jr. They have said the arbiter should have access to the entire tranche of documents and should be able to evaluate executive privilege claims.

The Justice Department said it was willing to support Dearie’s selection but it opposed the selection of Huck because of what it said was a lack of relevant experience.

In its filing Monday, the Trump team again voiced a broad view of presidential power, asserting that a president has an “unfettered right of access” to his presidential records and absolute authority to declassify any information without the “approval of bureaucratic components of the executive branch” — though it did not say, as Trump has maintained, that he had actually declassified them.

The Justice Department has said Trump had no right to hold onto the presidential documents. And the criminal statutes the department has used as the basis of its investigation, including one criminalizing the willful retention of national defense information, do not require that the records be classified.

In any event, the Justice Department says more than 100 documents with classification markings were found in last month’s search.

Trump, who often spends time at his various properties, was at his Virginia golf club Monday.

Additional reporting by the Associated Press.

: newsy.com

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Major Credit Card Companies Will Soon Categorize Gun Store Purchases

Visa, American Express and Mastercard will separate gun and ammunition purchases from others in records.

Major credit card companies are reclassifying purchases at gun stores and ammunition shops — a change that could pull back the curtain on gun purchases.

Visa, American Express and Mastercard will start implementing the plan, which will separate gun and ammunition purchases from other kinds of shopping for the first time. They had previously been classified as general merchandise.

The move comes as gun sales keep climbing.

“The sales have definitely increased over the last several years in comparison to probably the last five,” said Vincent Vasquez, a gun store manager in Arizona.

The FBI reports having done 78,571,988 background checks for gun purchases in the last two years. That’s more than in any two-year stretch since record-keeping started in 1998.

Cyndi Starr is among the many buying a firearm for the first time.

“I came to that decision after months of going back and forth,” Starr said. “I would never want to ever harm anybody, never, but I’ve been close enough to certain violent or potentially violent situations that I had that split second where it’s like, ‘What’s my backup?'”

Gun violence prevention activists hope the new classification for credit card purchases will help differentiate people like Starr from those intending to use a gun to harm people, helping banks see and report suspicious activity.

But of course, not everyone’s on board.

Over the weekend, the NRA said the move was about creating a “national registry of gun owners.”

The policy is intended only to separately categorize purchases at gun and ammunition stores, not specifically what was purchased. It’s a simple label change advocates hope will help curb gun violence.

: newsy.com

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Report: Seized Mar-A-Lago Documents Contained Nuclear Secrets

By Associated Press

and Newsy Staff
September 7, 2022

Documents confiscated from former President Trump’s property included a foreign government’s nuclear capabilities, according to The Washington Post.

A bombshell report from The Washington Post reveals that some of the documents the FBI seized during its raid of former President Trump’s Mar-a-Lago resort contained top-secret nuclear information that many senior government officials don’t even have clearance to view.

According to The Post, a document describing a foreign government’s nuclear capabilities was among top-secret information seized by the Justice Department. It’s unclear exactly which foreign power the document is referring to.

FBI agents who searched the former president’s Florida home last month recovered hundreds of documents taken from the White House, some of which included sensitive government secrets.

The Justice Department has since opened a criminal investigation focused on what it says were efforts by Trump over several months to obstruct the investigation into those documents.

Meanwhile, a federal judge on Monday granted a request by the former president’s legal team to appoint a special master to review those seized documents, temporarily halting the Justice Department’s use of the records for investigative purposes.

The decision by U.S. District Judge Aileen Cannon came despite the objections of the Justice Department, which said an outside legal expert was not necessary in part because officials had already completed their review of potentially privileged documents.

The appointment is likely to slow the pace of the department’s investigation but it is not clear whether it will have any significant effect on any investigative decisions or the ultimate outcome of the probe.

Additional reporting by The Associated Press.

: newsy.com

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