Okay so I decided to come out of my two week sabbatical early. My grief counselor suggested that I take a few weeks off because the last appointment I had the wave of grief felt insurmountable. Hence why I took an extended break from Substack but still posted daily videos on Instagram
DOJ to Trump: your move spydipshit007
Government filed a motion to unseal (ECF or via Scribd) to unseal the warrant & inventory list.
The Government’s main argument (to unseal) the search has already been conducted and that Trump (and/or his representatives) have given multiple public statements. Again the one person who could (and should have) cleared up any confusion is Donald J Trump. But Trump decided to do what he always does; 1) claim he is the victim, he is not a victim, 2) make baseless unpatriotic assertions that seek to undermine our Country’s criminal Justice system, 3) purposefully inflaming his most radical supporters to engage in violence or the threat of violence. That’s literally Trump’s playbook. We also knew back in February 2022 NARA asked the Department of Justice to investigate
DOJ essentially throws the ball back at Trump…
In these circumstances involving a search of the residence of a former President, the government hereby requests that the Court unseal the Notice of Filing and its attachment (Docket Entry 17), absent objection by former President Trump. The attachment to that Notice consists of:
The search warrant signed and approved by the Court on August 5, 2022, including Attachments A and B; and
The redacted Property Receipt listing items seized pursuant to the search, filed with the Court on August 11, 2022.
Note the Attachments A and B —Trump refused to release the signed warrant and Exhibit, which were both given to Trump’s attorney during the Mar A Largo “visit” —FTR we, the public won’t see the Affidavit, until much later, as that’s the process of our criminal Justice system and anyone who suggests otherwise is absolutely uninformed. Again Trump could have released that, instead he decided to trigger his radicalized domestic terrorist and start attacking the hard working men and woman of the FBI. That kind of repugnant and unpatriotic behavior is expected by Trump and his radical -hard- core supporters.
Given the intense public interest presented by a search of a residence of a former President, the government believes these factors favor unsealing the search warrant, its accompanying Attachments A and B, and the Property Receipt, absent objection from the former President.
Although the government initially asked, and this Court agreed, to file the warrant and Attachments A and B under seal, releasing those documents at this time would not “impair court functions,” including the government’s ability to execute the warrant, given that the warrant has already been executed.
What we do know, as in unequivocally is the Magistrate Judge’s name was leaked from the Trump camp. That Judge, whom by the way was a Trump nominee, received countless death threats, doxing and targeting by Trump’s radical supporters. So much so, the Chief Judge of the Southern District of Floria had court staff remove that Magistrate Judge’s biography. You can read more here. The other key thing to watch for is if Trump files a motion asking the Court to keep the warrant under seal. That would be a pretty significant action to watch for. Mainly because Trump would then tip his hand. Keep in mind that the FBI likely had a confidential source that recently provided them with some evidence to prove
We now know that Attorney General Garland personally signed off on investigators seeking a search warrant. However that should not come as a surprise, over a year ago I detailed the process of SIMs (Sensitive Investigative Matter) I mean I even highlighted and redlined the important bits, see here and here
These Guidelines are issued under the authority of the Attorney General as provided in sections 509,510,533, and 534 of title 28, United States Code, and Executive Order 12333. They apply to domestic investigative activities of the Federal Bureau of Investigation (FBI) and other activities as provided herein…
review of undercover operations involving sensitive circumstances, notice requirements for investigations involving sensitive investigative matters (as defined in Part VII.N of these Guidelines), and notice and oversight provisions for enterprise investigations, which may involve a broad examination of groups implicated in the gravest criminal and national security threats. These requirements and procedures help to ensure that the rule of law is respected in the Department's activities and that public confidence is maintained in these activities
Now I’d like to draw your attention to a few other facts: several news organizations filed a Motion to Intervene/Unseal (the New York Times, Judicial Watch) but what most do not know is there isn’t just one “MJ” case —it appears there are two:
United States v. Sealed Search Warrant. Case No (9:22-mj-08338, on August 10, 2022 - A Letter (MOTION) to Unseal by Times Union. See ECF
You do understand that I’m not making an assertion that I can’t simultaneously back up with actual court documents, right? Again there are two “search warrants” —but those tiny details kind of matter, as does which US Attorney. Specifically I’m talking about the division head of DOJ’s Counterintelligence and Export Control Section. Yes the DOJ’s CHIEFCounterintelligence and Export Control Section National Security Division, JAY I. BRATT signed the Government’s August 11, 2022 Motion to Unseal.
Aug 11, 2022 PAPERLESS ORDER taking under advisement 18 Motion as to Sealed Search Warrant (1). The United States shall immediately serve a copy of its Motion on counsel for former President Trump. On or before 3:00 p.m. Eastern time on August 12, 2022, the United States shall file a certificate of conferral advising whether former President Trump opposes the Government's motion to unseal. Signed by Magistrate Judge Bruce E. Reinhart
But I’d like to further draw your attention to the recent docket report. Notice documents 15 and 16 are still underseal? I think that’s important and I would keep an open mind to the possibility that spells D-O-O-M for Trump. Again there were two previously subpoenas issued (and YES a Grand Jury in the SDFL issued them), the FBI interviewed several people in Trump’s immediate orbit, and numerous meetings with Trump Staffers, Mar A Largo —again the Government met the probable cause threshold. But it would be naive to think
Yes there’s a higher classification to classified documents beyond Top Secret…
…thusly the MAGA-Trump world argument that “this is a political witch hunt” and that the “DOJ is unfairly targeted Trump” —no longer holds any credibility. Trump knew those documents were classified, some beyond the Top Secret classification, as in some of those documents are in whole different level of classified. This is known as special access program (SAP) classified documents, which is higher than top secret. This is the December 2020 Defense Security Cooperation Agency’s recent CDCE Pulse, that gives you a very high overview of SAP documents. Colloquially I’d argue these SAP documents that Trump unlawfully took to Mar A Largo are like “eyes only” with the highest level of access restrictions.
Special Access Program (SAP)
this is the April 2016 Department of Defense Special Access Program implementation guide —the fact that Trump took SAP documents to Mar A Largo absolutely presents a major National Security concern. Again SAP is a higher classification than Top Secret. SAP documents “represent some of the US Department of Defense (DoD) most sensitive information that must be protected accordingly.”
And yet Trump refused to comply with at least one Grand Jury Subpoena as it relates to the documents. If you are wondering —yes — I’m saying that obtaining a search warrant is part of the process. As previously discussed in the FBI DOJ SIMs protocols, it requires investigators to take the least invasive measures possible. And that it requires the Attorney General to approve certain matters, particularly if the target/investigation involves Sensitive Investigative Matters (SIMs) and for the umpteenth time, I’ve been over this (again see here and here) and the June 2021 article can be found here
Trump & his surrogates are wrong…
The vast majority of this week we observed the MAGA-GOP amplifying Trump’s narrative. Calls for our Attorney General Garland to “come clean” and most absurdly the “FBI planted evidence” —nothing and I mean nothing in the public records substantiates these incredibly specious claims. The reality is the FBI and DOJ did this by the book and by “the black letter of the law” —Moreover anyone who suggest otherwise should not be believed much less amplified.
The subtext of Attorney General Garland’s (short) announcement literally check-mated Trump. Meaning Trump & his surrogates launched a full scale attack on our criminal judicial process. Trump effectively told the world that on August 8, 2022 some 30+ FBI agents executed a lawful search & seizure warrant. There was no raid. The DOJ has a longstanding policy that they do not publicly speak about investigations. Therefore AG Garland’s Motion to unseal the warrant (which is typically a singular page) and Attachments A & B —that puts Trump in the crosshairs: 1) he could release it, 2) or he could argue against the Court unsealing the warrant. You can watch the full four minute speech via the DOJ’s YouTube Chanel, found here
Lastly I’m thrilled that certain contingencies of the Blue QANON have miraculously done a 180 —given they spent the better part of 16+ months on Twitter demanding Attorney General Garland be fired. Or that the FBI & DOJ are going to let Trump skate “spare me the justice grinds slowly” as I’ve repeatedly said, yes our criminal Justice system can be frustrating. But one thing you should know, criminal investigations take time. And the DOJ isn’t on a preordained schedule dictated by thirsty twitter users vying for relevance or in need of their dopamine fix via likes and retweets. So yes this is me saying to the Blue QANON, go chug some STFU juice and stop tweeting disinformation and misinformation. Your shit is embarrassing and you are intentionally messing with your followers heads. Facts stand on their own. Everyone has an opinion but again facts should supersede “opinions” —moreover Attorney General Garland is calling Trump’s bluff. And I AM HERE FOR IT, all of it.
If an attorney actually advised Trump to publicly speak (and confirm) some 30 FBI agents executed a search warrant. Trump should immediately fire that attorney, because by Trump putting it out there, he unwittingly set a trap for himself. In other words (and this is something I say to our clients)
Silence is the refuge of the wise, so zip your trap
…if Trump had kept his trap shut then that would not have given the DOJ the opening to unseal the warrant. Like I said Trump was outmaneuvered, largely because of his own actions. As for who tipped the FBI off? I’d like you to read this thread
Again I want to be clear, it is entirely possible that I’m wrong and I’m connecting dots that are not connected. But I have thought about this since Monday and I’ve stood at my murder board for hours. Each time I play the “if then -then this” scenario in my head. The only logical conclusion I came deduce is this is about Trump possibly (operative word) committing acts of actual treason. But let me walk you through the current and verifiable facts:
look at the date the warrant was authorized, it’s August 5th, and only executed on the 8th because agents specifically timed it when Trump wasn’t at his property.
a Grand Jury in the SDFL sent a subpoena to Mar A Largo, I believe for surveillance footage of Mar A Largo
A separate subpoena was sent to Mar A Largo regarding documents
June 3, 2022 - FBI investigators & DOJ arrive at Mar-a-Lago. Apparently Trump dropped by to say “hi” and JAY I. BRATT attended that meeting
stated he was ready to “go to war”. You can read more here—the suspect was armed with an AR-15 and nail gun. The suspect also had a twitter account which Twitter suspended a few hours ago but there’s an archive of his account prior to Twitter suspending it.
“Well, I thought I had a way through bullet proof glass, and I didn’t. If you don’t hear from me, it is true I tried attacking the F.B.I., and it’ll mean either I was taken off the internet, the F.B.I. got me, or they sent the regular cops while [sic].”
Frankly I can not think of anything more unpatriotic and asinine than Trump’s relentless and largely baseless attacks on the FBI and more broadly the DOJ. Trump knows exactly what he is signaling to his domestic terrorist, I mean MAGA-GOP supporters. He knows the power of his words, as evident by the Jan6th Domestic Terror attack on our US Capitol and the years long unrelenting attacks on the FBI. It’s at the point that I’m starting to think that Trump wants our FBI agents to be killed or severely injured. Which absolutely makes my blood run cold because Trump knows what he is doing.
If Trump felt the warrant was overly broad or lacked a sufficient predicate then he would have immediately filed for a TRO, preliminary injunction or an injunction. The very fact he hasn’t filed any of the aforementioned, that tells me he’s in uncharted accountability waters
Again that’s a quasi rhetorical question but I can not comprehend the FBI would go to this (escalatory) step if they didn’t have an Iron Mountain full of receipts. Not to be redundant but it’s possible I’m incorrect.
Lastly I plan to return next week but that’s largely predicated on where my headspace is. All I know is grief can really mess up an otherwise functional human being. And sometimes it hits you like a wave from Nazare…
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