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Month: August 2022

Which nuclear documents?

A thread that lays out the possibilities

Following up on Tom’s post below, this thread goes even more deeply into what kind of documents might be concerning the DPJ:

Last night’s report the FBI was looking for ‘nuclear documents’ could mean a couple different things—but there are some clues in the wider reporting that might help narrow it down. I wrote a book on nuclear war plans, so buckle up, here we go….

The US has, broadly speaking, four different categories of files that would count as ‘nuclear documents,’ each of which has some unique classification peculiarities, and all of which exist at the so-called “Above Top Secret” level because a simple TS clearance isn’t enough….

‘Nuclear docs’ could refer to files on:

(a) nuclear weapon science and design;
(b) other countries’ nuclear plans, both allies (UK) and adversaries (Russia, China, North Korea);
(c) details on our nuclear weapons and deployments;
(d) details on our nuclear command & control…

“Nuclear science and design” files are uniquely classified as what’s known as “Restricted Data,” a special security level run by the Dept of Energy and historically accessed through what’s known as a “Q Clearance,” a special background check and access protocol.

“TS/RD” files are “born classified,” in that unlike other classified intelligence/science work, they are presumed to be highly classified from the moment of creation. Rather than opting-in to classification, you have to opt out…..

“Nuclear Command & Control” documents—think how the presidential Football operates and how launch procedures unfold—are known as NC2 and have their historically had their own classification known as “Extremely Sensitive Information” (ESI), which again requires special access…

The fact we’ve seen references around the Mar-a-Lago search to “Special Access Programs” (SAPs) tells us something too: SAPs are also a unique classification category that deals—usually—with the most sensitive operations and technical capabilities of intel/defense systems….

SAPs require you to be “read into” the program, e.g. that you have a specific “need to know,” and the documents are carefully tracked to see who has read them and where they’re stored.

Details of a foreign country’s nuclear plans? That’d be a SAP *and* probably what’s known as SCI, “Sensitive Compartmented Information,” the designation usually for protecting “sources and methods.”

Obviously how we know about other countries’ secrets would be SCI.…

Interestingly, SAPs can also protect nuclear research and development, as well as presidential/military NC2 communication systems, which are known by their own special clearance YANKEE WHITE.

Did Trump walk out with info on cutting-edge R&D or presidential launch systems? …

SAPs and SCI are known by their own codenames, so, for instance, the long-ttime classification for our satellite reconnaissance was TALENT KEYHOLE, so documents protected by it would be labeled “TS/SCI TALENT KEYHOLE”….

tl;dr: All these classifications—SCI, SAP, ESI, RD—denote and protect the literally most sensitive documents in the entire US government.

The idea you’d walk out of a secure facility with them?

That’s a literal federal crime—and one that the USG prosecutes harshly, often.

Originally tweeted by Garrett M. Graff (@vermontgmg) on August 12, 2022.

The fact we’ve seen references around the Mar-a-Lago search to “Special Access Programs” (SAPs) tells us something too: SAPs are also a unique classification category that deals—usually—with the most sensitive operations and technical capabilities of intel/defense systems….

That the head of FBI counterintelligence was one who applied for the warrant and the request to unseal it says something too, I’d say. The reason this was done was clearly because they suspected that Trump had absconded with some very sensitive, classified documents. Whether he actually did that, we don’t know. But they obviously had reason to believe so.

There are a number of different theories as to why he might have done this. There’s always the idea that he had some documents about Russia. After all, he spilled the beans to the Russian ambassador the day after he fired Comey and tore up notes of meetings with Putin along with dozens of other suspicious incidents so it’s a logical assumption. But there’s also the very weird relationship with Saudi Arabia which has every reason to want access to very valuable classified nuclear information (and which has recently paid 2 billion dollars for Jared Kushner’s “advice”.)

But my money’s on North Korea. Trump’s “love affair” with the dictator Kim Jong Un was very special to him and I think it’s highly likely he took documents relating to their relationship that contained some highly sensitive intelligence that would be dangerous if it were to get into the wrong hands. Honestly, if there’s one country you don’t want to be cavalier about it’s North Korea. We are very lucky those two nutcases didn’t end the world. It could still happen.

I don’t know when we will find out what specifically they suspected if ever. The warrant is probably not that specific and they may seek to redact anything that would give us a clue in the affidavit they filed in order to get it. (That’s assuming they agree to release the affidavit which we won’t find out about until Monday.)

Adam Davidson weighs in:

There seems to be a debate on this site about whether Trump was, explicitly, going to sell the secrets; use them to show off; or just hold on to them for some other reason.

I spent years talking to lots of Trump’s staff and business partners.

I feel confident that Trump saw some immediate benefit in these secrets.

That *could* be selling them for money. But it also could mean something smaller: he liked being able to show off that he had them to gain momentary favor in someone’s eyes.

I would say it is very unlikely that he didn’t have some immediate benefit in mind.

Trump has no history of thinking long-term, patiently holding on to potentially valuable things for reasons that can’t immediately be turned into some benefit.

In short: it is highly likely he *used* them in some way.

Now, he is a very very bad evaluator of value.

I have long said that it’s not the corruption that is shocking. It’s the ineptitude of the corruption.

He could have made a LOT more money on the sketchy FSU projects he worked on.

But he’s impulsive and dumb and has no long-term vision. He’ll take $500,000 today instead of a high likelihood of making $50M a few years from now.

So, whatever benefit he got could be something way more stupid and small than any of us can imagine.

Think Seinfeld not Bond villain.

Like Trump heard that Ike Perlmutter said something condescending about how little Trump knows and so he wanted to show that he has the most valuable secrets in the world.

This means he is very easily playable.

People like Tom Barrack would know how to prompt him to hold and share the docs.

So, this can be both some small, pathetic dumb thing and, also, the gravest national security risk of all time.

The q of whether he sold it for billions or for a quick ego boost is irrelevant.

Originally tweeted by Adam Davidson (@adamdavidson) on August 12, 2022.

He never leaves a penny on the sidewalk.

Suddenly feeling frisky

The Democratic National Committee is crowing

DNC ad, “Winning.”

Democrats generally suck at tooting their own horns. But the new ad below shows more life than I’ve seen from the DNC in years. (They might finally deserve a Scooby snack.)

Donald Trump’s potentially criminal legal troubles and the party’s implicit — when its MAGA base is not explicit — condoning of anti-government violence have the GOP knocked back on its heels. The non-MAGA electorate has grown tired of that shit. The DNC for once is not letting people forget what Democrats have done for them with the slimmest of legislative margins, plus what Republicans will do to them if given the chance in November.

Naturally, the glass-half-empty crowd will grouse about what on their wish list has not appeared on a silver platter. But that’s not exactly how to sell prospective voters in a midterm election on getting off their couches.

Yes, I want more. More “acting like a party that fights for things its supporters care about, and against forces that threaten to harm them.” Sell the more.

It’s a start. Good DNC. Have a cookie.

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Nu-cle-ar documents

“Donald Trump is not someone who should ever have the nuclear codes.” — Hillary Clinton

The public could see this afternoon the warrant issued for Monday’s FBI search of Donald-Trump’s Mar-a-Lago residence in Florida. Attorney General Merrick B. Garland said in a brief speech Thursday his department would seek its release and the FBI’s redacted property receipt by Judge Bruce Reinhart, the federal magistrate in the Southern District of Florida.

Garland added that Trump’s attorney has copies of both. Trump could release them himself. Garland beat him to it.

The request is not expected to include the supporting affidavit that would include prosecutors’ probable cause to believe a crime was involved in Trump’s retention of sensitive government documents taken from the White House.

Late Thursday, however, news broke of some of what the FBI sought in its search.

The Washington Post heard from a source that requested anonymity:

Classified documents relating to nuclear weapons were among the items FBI agents sought in a search of former president Donald Trump’s Florida residence on Monday, according to people familiar with the investigation.

Experts in classified information said the unusual search underscores deep concern among government officials about the types of information they thought could be located at Trump’s Mar-a-Lago Club and potentially in danger of falling into the wrong hands.

The Post’s anonymous source did not say if any such documents were found Monday.

But what in addition to the sensitive nature of the documents might give them cause for alarm? Perhaps this from April of 2019:

A woman carrying two Republic of China passports, four cellphones, a laptop, a hard drive and a thumb drive with malware on it made her way past an initial security checkpoint at Mar-a-Lago when President Trump was in town on March 30, according to a criminal complaint filed in U.S. District Court.

The woman, identified as Yujing Zhang, said she was there to “go to the pool,” when first approached by a Secret Service agent, an affidavit said.

When the FBI searched her hotel room, they found “more than $8,000 in cash, along with an electronic device that detects hidden cameras.”

Trump declared overnight on social media that he would not oppose the release of the warrant documents. “Even though they have been drawn up by radical left Democrats and possible future political opponents,” he added.

Questions remain surrounding what the FBI found and the timing of the search, now, over 18 months after Trump left the White House for Florida.

“Relating to nuclear weapons” might include anything from mention of the U.S. and adversaries’ force posture to sensitive documents that reveal U.S. intelligence methods and sources, or signals intelligence — “intercepted electronic communications such as emails and phone calls of foreign leaders.”

Marcy Wheeler explains what more is at stake if nuclear information was present at Mar-a-Lago:

First, it makes it far more likely that Trump has violated, and can be proven to have violated, part of the Espionage Act, 18 USC 793.

In my post describing the likely content of an affidavit justifying a search of the former President, I noted that somewhere in there, the FBI would have had to anticipate and rule out the possibility that Trump simply declassified these documents which, if Trump could prove it, would render the documents simply stolen documents covered by the Presidential Records Act.

    • Some explanation of why DOJ believes that these documents weren’t actually declassified by Trump before he stole them

But the fact that these are nuclear documents, under the Atomic Energy Act, Trump cannot declassify them by himself. They’re “restricted documents,” the one kind of document that’s true of. 

Trump already has a history of wanting to sell nuclear reactor technology to Saudi Arabia. That does not relate directly to weapons, Wheeler notes:

So for now, Trump’s past history of attempting to share nuclear technology with the Saudis for the profit of his closest advisors is just background noise: something that makes it all the more concerning he is suspected of stealing such documents. But if the FBI did not find nuclear documents they have reason to believe Trump stole, then that could change quickly.

It seems since I started writing that the nuclear weapons story has knocked the Doge of Mar-a-Lago back on his heels:

“Nuclear weapons is a hoax, just like Russia, Russia, Russia was a hoax,” Trump declared on Truth Social. The right fringes of social media did get suddenly quiet last night after the Post story broke.

As with all things Trump, stay tuned.

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A standoff with the FBI

It was inevitable

It’s happening:

An armed man decked out in body armor tried to breach a security screening area at an FBI field office in Ohio on Thursday, then fled and exchanged gunfire in a standoff with law enforcement, authorities said.

The confrontation at the FBI’s Cincinnati field office comes as officials warn of an increase in threats against federal agents in the days following a search of former President Donald Trump’s Mar-a-Lago estate in Florida.

Federal officials said the man had “attempted to breach” the visitor’s screening area at the FBI office and fled when he was confronted by agents. He was chased onto Interstate 71 and has exchanged gunfire with police, according to the Clinton County Emergency Management Agency.

Authorities have closed the interstate in both directions as police remained in a standoff. No injuries were immediately reported.

Officials in Ohio have locked down a mile radius near the interstate and urged residents and business owners to lock doors and stay inside.

An FBI evidence team has arrived at the office to investigate, according to multiple media reports.

There have been growing threats in recent days against FBI agents and offices across the country since federal agents executed a search warrant at Mar-a-Lago. On Gab, a social media site popular with white supremacists and antisemites, users have warned they are preparing for an armed revolution.

Federal officials have also been tracking an array of other concerning chatter on Gab and other platforms threatening violence against federal agents. FBI Director Christopher Wray denounced the threats as he visited another FBI office in Nebraska on Wednesday.

Executing a search warrant is a military occupation? Really?

Tort reform!!!!

Before “lock her up” that obscure chant thrilled the GOP crowds

Greg Doucette at the Bulwark breaks the bad news about the Alex Jones verdict:

Unfortunately, we live in the darkest possible timeline and don’t get to have nice things. So instead we have to settle for the schadenfreude of watching the conclusion of the first of several lawsuits that have been filed against Jones for defamation and intentional infliction of emotional distress (IIED) by the parents of children killed in the Sandy Hook school massacre.

The repeated legal misconduct by Jones and his attorney during the trial sapped some of the intrigue; the judge in Austin ruled last year that Jones should lose by default for repeatedly withholding evidence that court rules require to be shared between the litigants. The trial on damages ended last week, with a jury finding Jones should pay $4.1 million in compensatory damages to two parents, followed by a separate award of punitive damages (called “exemplary” damages in Texas) in the amount of $45.2 million.

Maybe this sounds low to you, based on what a pile of human garbage Jones is. But the truth is actually worse. Jones will never pay that $45.2 million. Because of tort reform caps, those punitive damages are going to get pared back to a meager $750,000.

Texas went nuts with tort reform. It was, as you might expect, a national strategy to break the trial lawyers association on behalf of their corporate donors. (Trial lawyers tend to support Democrats as well.)And it hurts average citizens who are damaged by bad actors. And now it will hurt people whose little children were killed by a gun toting maniac. How perfect.

Trump didn’t invent this stuff. They’ve been doing it for a very long time. When those giddy rally goers would excitedly chant “tort reform!” at George W. Bush events they had no idea what they were chanting but that never matters. It’s just tribal solidarity.

Violence against judges is a-ok

… as long as it’s a judge the wingnuts don’t like

It seems like only yesterday the Republicans were calling for the smelling salts over protests outside judges’ homes, In fact it was just a couple of weeks ago. But guess what?

Far-right extremists on pro-Donald Trump message boards and social networks are making violent, antisemitic threats against the judge who reportedly signed the warrant that allowed the FBI to search the former president’s Mar-a-Lago property in Florida.

Multiple members of these toxic online communities are even posting what appears to be Judge Bruce Reinhart’s home address, phone numbers, and names of his family members alongside threats of extreme violence.

“This is the piece of shit judge who approved FBI’s raid on Mar-a-Lago,” a user wrote on the pro-Trump message board formerly known as TheDonald. “I see a rope around his neck.”

Responding, another user wrote: “Idgaf [I don’t give a fuck] anymore. Name? Address? Put that shit all up on here.” Moments later, a different member replied with what appears to be Reinhart’s current address, phone numbers, previous addresses, and names of possible relatives.

In another post on the same message board, one user commented, “Let’s find out if he has children….where they go to school, where they live…EVERYTHING.”

These threats of violence and antisemitic slurs on a range of platforms, including 4chan, Telegram, Gettr, Gab, and Trump’s own platforms called Truth Social, were first uncovered by Advance Democracy, a nonpartisan and nonprofit organization that conducts public-interest investigations.

“The threats against Judge Reinhart in the wake of the Mar-a-Lago raid are significant,” Daniel J. Jones, founder of Advance Democracy, told VICE News. “In addition to the antisemitic and violent slurs, we’re seeing his address and other personal information being shared online—with the implied or explicit purpose of ‘real-life’ action.”

A message board where a number of these threats were posted also happens to be the same one where many of those involved in the Jan. 6 Capitol riot posted threats of violence in the lead-up to Jan. 6.

These threats against the judge, Jones told VICE News, are “all the more alerting given the events of January 6.”

These threats made against Reinhart and his family didn’t occur in a vacuum: Within hours of the FBI searching Trump’s Palm Beach home, the former president’s supporters reacted furiously, calling for civil war and the dismantling of the FBI. As Trump has scrambled to explain why his home was searched, he has also pushed conspiracy theories about the FBI supposedly planting evidence there. 

Right-wing news outlets have also tried to connect the judge to convicted pedophile Jeffrey Epstein. Reinhart worked as a federal prosecutor until 2008, and a day after he quit, he became the defense attorney for a number of Epstein’s employees, including his pilots and a scheduler, according to his 2018 Miami Herald report. The link between Reinhart and Epstein has been weaponized by Trump supporters to incorrectly imply Reinhart was Epstein’s own lawyer, and, by extension, was corrupt and possibly a pedophile. (A small note in light of these accusations: Trump had a long personal relationship with Epstein, and once famously told New York Magazine that he was a “terrific guy.”)

On fringe message board 4chan, one user posted an image of Reinhart with the caption: “About that Judge that signed the search Warrant…Bruce Reinhart once quit his job as a U.S. Attorney to work for Jeffrey Epstein. Another 4chan user wrote in response: “That is a k***. And a pedophile …  He should be tried for treason and executed.”

Bowl me over with a feather

Fox’s Doocy is making sense

As you can wee, Doocy is looking at a script. This is coming from the top. They seem to feel they need to cover all their bases these days.

Trump’s 1970s worldview

The New York Times recounts some of the ugly history of the FBI (Hoover etc.) and the reforms that happened in the 1970s in the wake of Hoover’s death and Watergate and point out that Trump is first to completely break with them:

“Trump upset the post-1970s status quo when he became president, tipping off-balance over 40 years of an imperfect-though-laudable D.O.J.- and F.B.I.-constructed culture of apolitical independence,” said Douglas M. Charles, a historian of the F.B.I. at Penn State and the author or editor of several books on the bureau. “It seems to me Trump has really put that culture and the F.B.I. itself to the test to expose the weaknesses and limitations of the post-1970s system.”

Mr. Trump’s view of the law enforcement system has been shaped by his own encounters with it, starting as a young developer in New York when the Justice Department sued his family company in 1973, accusing it of racial discrimination. Eventually, the Trump firm settled and agreed to change its policies, leaving a bitter taste in Mr. Trump’s mouth.

By the time he ran for office, Mr. Trump viewed the justice system through a political lens. He led rally crowds in “lock her up” chants as he suggested he would imprison his opponent, former Secretary of State Hillary Clinton, who was investigated but not prosecuted for improper handling of classified information — much as he is now suspected of doing.

After winning, Mr. Trump saw law enforcement agencies as another institution to bend to his will, firing the F.B.I. director James B. Comey when he declined to pledge personal loyalty to the president or publicly declare that Mr. Trump was not a target of the Russia inquiry. The president later fired Attorney General Jeff Sessions for recusing himself from that investigation and therefore not protecting Mr. Trump from it.

During his time in office, Mr. Trump repeatedly called on the Justice Department and the F.B.I. to investigate his foes and let off his friends. He publicly criticized the prosecutions of campaign advisers like Paul J. Manafort and Roger J. Stone Jr. and his former national security adviser Michael T. Flynn, eventually pardoning them. He complained when two Republican congressmen were charged shortly before the 2018 midterm elections because it could cost the party seats.

Frustrated with Mr. Wray, Mr. Trump sought to install a more supportive director at the F.B.I. in 2020, backing down after protests by Attorney General William P. Barr. By that fall, as the president trailed in the polls for re-election, he pushed for the prosecution of Mr. Biden’s son Hunter and lashed out at Mr. Barr and Mr. Wray for not prosecuting Democrats like the elder Mr. Biden and Barack Obama because of the Russia inquiry.

“These people should be indicted,” Mr. Trump said. “This was the greatest political crime in the history of our country, and that includes Obama and it includes Biden.”

After losing his bid for a second term, Mr. Trump ultimately disregarded his son’s advice and did not fire Mr. Wray, but in his final weeks in office pushed the Justice Department to help him overturn the election. Mr. Barr rebuffed Mr. Trump and publicly rejected the false election claims before resigning.

Mr. Trump repeatedly pressed Mr. Barr’s successor, Jeffrey A. Rosen, to go along with his scheme to discredit the election results and came close to firing him when he would not and installing an ally who would, Jeffrey Clark. The president was blocked only when told that every senior Justice Department official would resign in protest.

That was his last chance to influence law enforcement from the inside, at least for now. So from the outside, he rails against what he calls the injustice of a law enforcement agency run by his own appointee.

Trump’s worldview was crystallized in the 1960s and 70s and has never evolved beyond it. He is also a creature of the New York real estate business in that era and was mentored by the notorious Roy Cohn both of which were corrupt to the core.

Trump assumes everyone is as corrupt as he is and he believes it’s fair game to lie and cheat to get his way and the GOP is adopting his view. It’s not surprising that Republican officials would immediately be alarmed that the FBI searched Trump’s resort but accusing the agency of planting evidence is pure Trumpism. That’s what they would do.

Voices in his head

Who squealed, Donald?

The Lincoln Project delights in getting in his head.

Trumpworld speculates about “flipped” aide after FBI search

Meanwhile, Colbert makes a game show out of Trump’s crimes.

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What kind of a world is this?

“Dangerous precedent” as seen from Down Under

From an Aussie publication, The Shovel, via Rick Wilson:

We are certainly no fans of Donald Trump – let’s make that clear from the outset. But yesterday’s raid by the FBI on the home of a former president sets a dangerous precedent.

A precedent which now means that anyone who evades taxes, attempts to undermine an election, sexually assaults women, manipulates the value of their assets, uses state resources to enrich themselves or aids and abets the overthrow of a democratically elected government will be subject to investigation.

Is that the world we want to live in? Where anyone accused of insurrection can be subject to questioning from law enforcement officers?

It’s a slippery slope. Before we know it, regular citizens accused of defrauding the government, concealing evidence, manipulating financial documents, tampering with witnesses or perverting the course of justice will also be held to account.

Or to put it another way, if we simply shrug our shoulders and fail to question the actions of the FBI, soon any old Joe Citizen who is suspected of ripping classified government documents into small pieces and flushing them down the toilet will be obliged to answer to law enforcement, as well as their plumber.

If we don’t ask the hard questions about the potential motives of the FBI now, soon any one of us who buries our ex-wife in a small grave at the side of their golf course in order to gain a tax concession will be treated with suspicion.  

As Trump supporters put it so clearly yesterday, if this can happen to a President, it could happen to anyone who has committed insurrection, assault or fraud. That’s a chilling thought.

We are on new ground here. As Donald Trump himself made clear, this is the first time a former president’s home has been raided. Proof, if ever we needed it, that the FBI shamefully only targets people who it considers to have committed a crime. Who gave FBI director Chris Wray that authority?

As we made clear earlier, we’re certainly not Trump supporters. But in today’s partisan world, it would be easy to fall into the trap of cheering on the FBI’s actions, without taking a step back to look at the bigger picture. If Trump goes to jail, it opens the door for every lying, corrupt, perverted piece of shit to go to jail too. Is that what we want?

What else is left to say?

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