Later On

A blog written for those whose interests more or less match mine.

US crisis also intensifies: This afternoon, Representative Scott Perry (R-PA) said the FBI has confiscated his phone after presenting him with a search warrant.

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The pace seems to be picking up. Heather Cox Richardson writes:

This afternoon, Representative Scott Perry (R-PA) said the FBI has confiscated his phone after presenting him with a search warrant.

Perry was deeply involved in the attempt to overturn the results of the 2020 election. He connected former president Trump with Jeffrey Clark, the environmental lawyer for the Department of Justice (DOJ) who supported Trump’s claims and who would have become acting attorney general if the leadership of the DOJ hadn’t threatened to resign as a group if Trump appointed him. Cassidy Hutchinson, former top aide to Trump’s White House chief of staff Mark Meadows, told the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol that Meadows burned papers after a meeting with Perry.

The DOJ searched Clark’s home in June. On the same day, it seized the phone of John Eastman, the author of the memo laying out a plan for then–vice president Mike Pence to refuse to count presidential electors for Democratic candidate Joe Biden and thus throw the election to Trump.

Eastman sued to get his phone back and to force the government to destroy any information agents had taken from it; the Department of Justice says the phone was obtained legally and that purging it would be “unprecedented” and “would cause substantial detriment to the investigation, as well as seriously impede any grand jury’s use of the seized material in a future charging decision.” A court hearing on the matter is scheduled for early September.

Trump and his supporters have spent the day complaining bitterly about yesterday’s search of Mar-a-Lago by the FBI, painting it an illegal “witch hunt” and threatening to launch a “revolution” over it. A search warrant requires a judge to sign off on the idea that there is probable cause to believe a crime has been committed and that a search will provide evidence of that crime. While the FBI cannot release the search warrant, Trump has a copy of it and could release it if he wanted to.

Legal analyst Andrew Weissmann, who spent 20 years at the Department of Justice, pointed out on Twitter that the law requires the FBI to give Trump an inventory of what they found. If indeed he wants to claim the search was a witch hunt and he had no government property in his home, he should release the search inventory.

Kyle Cheney at Politico noted that on January 19, 2021, the day before he left office, Trump revoked the authority he had previously given and named seven new loyalists as his representatives to the National Archives with regard to his presidential records. They were Meadows; then–White House counsel Pat Cipollone; then–deputy White House counsel Patrick Philbin; lawyer John Eisenberg, who as legal advisor to the National Security Council tried to keep the story about Trump’s call to Ukraine’s Volodymyr Zelensky under wraps; Scott Gast, also of the White House counsel’s office during Trump’s term; lawyer Michael Purpura; and lawyer Steven Engel, who argued that Congress could not subpoena White House advisors.

Meanwhile,  . . .

Continue reading.

Written by Leisureguy

9 August 2022 at 10:06 pm

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