Major outlets discover DOJ is investigating Trump
Attorney General Merrick Garland in recent statements has attempted to make clear without tipping his department’s hand that its investigation into Jan. 6 is “the most wide ranging investigation in its history.” What about prosecuting the former president, NBC’s Lester Holt asked Garland on Tuesday:
Garland replied: “We intend to hold everyone, anyone who was criminally responsible for the events surrounding Jan. 6, for any attempt to interfere with the lawful transfer of power from one administration to another, accountable. That’s what we do. We don’t pay any attention to other issues with respect to that.”
Later that day, the Washington Post and New York Times discovered that the Department of Justice actually is probing Donald Trump’s actions on Jan. 6 “according to four people familiar with the matter” (Post) and “a person familiar with the testimony” before the grand jury (Times). Breaking news last night.
Washington Post (EXCLUSIVE):
Prosecutors who are questioning witnesses before a grand jury — including two top aides to Vice President Mike Pence — have asked in recent days about conversations with Trump, his lawyers, and others in his inner circle who sought to substitute Trump allies for certified electors from some states Joe Biden won, according to two people familiar with the matter. Both spoke on the condition of anonymity to discuss an ongoing investigation.
For those following Marcy Wheeler’s tracking of the investigation, this is not breaking news at all. She has contended for months that DOJ’s investigations into and prosecutions of the Jan. 6 insurrectionists and Trump-adjacent players are part of its investigation of Trump himself. She comments on the Post “scoop” by Carol D. Leonnig, Devlin Barrett, Josh Dawsey and Spencer S. Hsun in a Twitter thread:
A few notes about this WaPo story on DOJ investigating Trump. It has two main new details: 1) presumably from Marc Short and Greg Jacob’s GJ appearances and 2) that DOJ got Mark Meadows and others’ phone records.
washingtonpost.com/national-secur…
It’s a bit surprising how much detail is coming from the Pence associate camp (though basically only tells us DOJ asked abt same stuff J6C did). Remember, though, that Emmet Flood is Short’s attorney.
For decades, he has protected the Institution of the Presidency.
It would be a remarkable thing if he were the attorney for a witness who would provide key testimony leading to the first prosecution of a President.
The other investigative detail is that DOJ obtained phone records in April. Hmmm. April, May June, July — that’s three months ago. This would be consistent with people getting notice from their provided after an initial gag.
In other words, that’s consistent with DOJ being okay with the subjects (including the well-lawyered Mark Meadows, who refused to chat the other day) learning of the fact.
There are other steps that DOJ could take that would NOT give this kind of legal notice.
Since @benjaminwittes is trying to unpack sourcing, these two details are key: Whereas elsewhere the witnesses have refused to comment but not the lawyers, here, the witness is not mentioned but the lawyer is.
Also, Mar-a-Lago’s stenographer.
I wouldn’t make too much of this passage–in part bc sources aren’t even billed to have knowledge of the investigation (but instead the “situation”) & in part bc this team includes bozos who treated Jonathan Turley as a credible source on precisely this topic earlier this year.
Two reasons why I wouldn’t take that seriously (aside fr involvement of Mar-a-Lago’s stenographer & journalists who treat Turley as credible): A judge has ALREADY said it’s plausible that Trump has aid & abet liability on assaults. That was even b4 evidence he knew mob was armed.
Also, Trump’s own people have said Meadows may have exposure on financial issues. If Meadows does, it’s likely Trump may as well, for his fraudulent fundraising.
One final point, and an important one. I and others have been asking why Meadows is not on subpoenas abt the fake electors, bc we know he was involved.
DOJ obtained Meadows’ call records in April. Meadows STILL wasn’t on fake electors subpoenas (in AZ) from June.
I agree with Ben that Carol Leonnig is a superb journalist.
As noted, of late Josh Dawsey might as well be on Trump’s payroll, given his apparent belief that the gilt decorations at Mar-a-Lago are newsworthy, so treat his reporting as just that, MaL gilt.
In other news, The Media just discovered that Brandon Straka’s January 13 sentencing memo had a cooperation component, and are asking for that sealed memo.
storage.courtlistener.com/recap/gov.usco…
The funny thing abt the frenzy abt Meadows’ phone records is that the most important details from that day won’t be in them. They’ll be in his Signal chats, which he may have criminally destroyed when he replaced his phone, and if not, they should be at NARA.
National Archives and Records Administration.
Wheeler is keeping a running thread of Department of Justice actions re: Jan. 6 filed under:
WHAT DOJ WAS DOING WHILE YOU WERE WASTING TIME WHINGING ON TWITTER
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