Home - emptywheel

John Durham says that "it is appropriate and necessary for the FBI to consider whether information it receives via foreign nationals may be a product of Russian intelligence efforts or disinformation." Yet he himself never made that same consideration.

2020 Presidential Election, Biden Administration, Department of Justice, Foreign Policy, Intelligence, Trump Administration

Three Questions at the Start of an Intelligence Review

130 Comments

September 23, 2022

Peterr

The intelligence review of of the Mar-a-Lago documents begins with three questions: Why did Trump take documents in the first place? Why these documents? Why not those?

2020 Presidential Election, Leak Investigations

Just Following Orders: Raymond Dearie's Strict Compliance with Aileen Cannon's Orders

143 Comments

September 23, 2022

emptywheel

By strictly following Aileen Cannon's order, Special Master Raymond Dearie may well make Trump's attempt to dodge the law more difficult.

2020 Presidential Election, Leak Investigations

Cause the Harm, and Then Say Nothing: Trump Has Had Aileen Cannon's Proof of His Injury for a Week and Said Nothing

109 Comments

September 22, 2022

emptywheel

Trump has had the documents that Aileen Cannon used to claim he was harmed by the government seizure for a week, with no protective order prohibiting him from speaking about them. And he has been silent.

2020 Presidential Election, Leak Investigations

Granting Stay, 11th Circuit Scolds Aileen Cannon for Ignoring Executive Assertions on National Security

172 Comments

September 22, 2022

emptywheel

In rebuking Aileen Cannon for her injunction on DOJ's investigation into the classified files Trump stole, the 11th Circuit reminded her that courts grant the [current] Executive great deference on matters pertaining to classification and national security.

2020 Presidential Election, Leak Investigations

DOJ Raises Prospect that Trump Continues to Obstruct Investigation, Including of Empty Folders

314 Comments

September 21, 2022

emptywheel

With each new filing, the government gets closer to suggesting they need to execute additional search warrants to find the contents of the empty folders found at Trump's beach resort.

2020 Presidential Election, Leak Investigations

Trump Sweeps Evidence of Obstruction under the Appellate Rug

106 Comments

September 20, 2022

emptywheel

Trump's response to the government's motion for a stay of some of Judge Cannon's order ignores (or misrepresents) a bunch of factual issues. But it also makes an appellate claim DOJ did not address.

2020 Presidential Election, Leak Investigations

Don't Analyze Trump Legal Filings Based on the Law, Analyze Them Based on Power

138 Comments

September 20, 2022

emptywheel

Seven years into the Trump phenomenon, commentators are still treating Trump and his advocates as if they care about the law or the truth. They don't. They care about sustaining a narrative of grievance that might allow him to resume power.

2020 Presidential Election, Leak Investigations

Trump Wants Two Weeks to Review 64 Documents; DOJ Expects Review of 500 Documents a Day

55 Comments

September 20, 2022

emptywheel

Trump's team is wailing that Raymond Dearie is going to adhere to the law during his Special Master Review.

2020 Presidential Election, EO 12333, Leak Investigations

"The Rule of Law is not assured:" The Cascading Constitutional Crisis Judge Aileen Cannon Deliberately Created

246 Comments

September 19, 2022

emptywheel

By ordering Raymon Dearie to prioritize documents marked as classified in his Special Master review, Judge Aileen Cannon hastened the moment where we'll have a series of contentious fights about the Separation of Powers.

2016 Presidential Election, Mueller Probe

On the Belated Education of John Durham

59 Comments

September 18, 2022

emptywheel

The education of John Durham as he has struggled to provide discovery to first Michael Sussmann and now Igor Danchenko has been painful and damaging for those charged. But along the way he's debunking many of the conspiracy theories he was hired to sustain.

2020 Presidential Election, January 6 Insurrection

Only Eric Herschmann (and Maybe Christina Bobb) Learned the Steve Bannon Lesson

94 Comments

September 17, 2022

emptywheel

Even after Evan Corcoran's legal advice about Executive Privilege led Steve Bannon to be found guilty for contempt, he continued to try to push others, including Eric Herschmann, to follow the same advice.

2020 Presidential Election, Leak Investigations

In Motion for a Stay, DOJ Raises Prospect that Trump Leaked Classified Documents

147 Comments

September 17, 2022

emptywheel

In its motion for a stay before the 11th Circuit, the government hinted that the investigation into Trump's document theft has expanded to consider whether and to whom he leaked these documents.

[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]

2020 Presidential Election, Cybersecurity, Leak Investigations

Trust: In Bid for Stay, DOJ Likened Trump to Catastrophic Intelligence Compromise

92 Comments

September 16, 2022

emptywheel

In a footnote of their motion for a stay, DOJ analogized Trump to Nghia Pho, who by bringing files home from work is believed to have contributed to two global malware attacks.

2020 Presidential Election, January 6 Insurrection, Leak Investigations

That Other Bitter Jan6er about to Start Trial for Bringing Classified Documents Home from Work

23 Comments

September 16, 2022

emptywheel

The trial for a different embittered former government employee who allegedly brought classified documents to his home in Florida, Oath Keeper Jeremy Brown, is due to start in October. It provides a glimpse at the kinds of issues that come up in Espionage Act prosecutions.

2020 Presidential Election, Leak Investigations

Aileen Cannon's Special Master Is Designed to Preempt Decisions Reserved for a Jury

217 Comments

September 16, 2022

emptywheel

A number of details about Judge Aileen Cannon's plans for a Special Master provide ways to pre-empt decisions a jury in a Trump trial would make.

2020 Presidential Election, Leak Investigations

Judge Aileen Cannon Deems Grand Jury Subpoenas Toilet Paper

193 Comments

September 15, 2022

emptywheel

Judge Cannon makes no mention of the specific crimes under investigation in her order denying a stay of her Special Master order. That's telling, because the documents marked as classified at issue are either evidence of a violation of the Espionage Act or evidence of obstruction.

2020 Presidential Election, Leak Investigations

Aileen Cannon Orders Government to Share Classified Information with Trump's Counsel

68 Comments

September 15, 2022

emptywheel

Aileen Cannon is now dictating that the government clear Trump's counsel.

See all posts

A A A

tweets from our circle

emptywheel@emptywheelRT @pwnallthethings: Essentially the bet is that mobilization allows the war to continue long enough for economic effects in the West to sa…31 minutes ago25 September 2022

Jim White@JimWhiteGNVWho are those football players who are wearing Jaguars uniforms? This is so strange...33 minutes ago25 September 2022

Jim White@JimWhiteGNVRT @carlyhcooper: The amount of times I’ve heard “wow! I cant believe you’re working right up until your due date that’s amazing!” & how ba…47 minutes ago25 September 2022

Jim White@JimWhiteGNVRT @caseywillits: Hate hits Gainesville. Our LGBTQ community center, Pride Community Center of North Central Florida, was vandalized last n…1 hour ago25 September 2022

bmaz@bmazLol, things going bad in Vegas. twitter.com/edzitron/statu…2 hours ago25 September 2022

bmaz@bmazWashington Commanders, boy I don't know. Still the team of Dan Snyder.2 hours ago25 September 2022

Jim White@JimWhiteGNVRT @AnnaForFlorida: “We are heartbroken but undeterred,” The Pride Community Center of North Central FL remains committed to being a safe p…2 hours ago25 September 2022

bmaz@bmazNobody need feel sorry for Mahomes and the Chefs, but it is ludicrous that was not a facemark penalty against the Colts.2 hours ago25 September 2022

bmaz@bmazThis is just embarrassing and stale bullshit for the @nytimes to publish. The Safe Space That Became a Viral Nigh… twitter.com/i/web/status/1…3 hours ago25 September 2022

Jim White@JimWhiteGNVRT @BettyBowers: "Ron DeSantis Begs for Socialist Handouts From Richer Blue States" twitter.com/JoeMyGod/statu…4 hours ago25 September 2022

bmaz@bmazBill Bel is losing it on offense without McDaniels.4 hours ago25 September 2022

Ed Walker 🍞🌹💉💉@MasaccioEWThe problem is gigantic companies. How about a tax of 50% on corporate income greater than $10 billion calculated i… twitter.com/i/web/status/1…6 hours ago25 September 2022

Ed Walker 🍞🌹💉💉@MasaccioEWDeSantis portrays himself as champion of immigrants’ welfare after backlash #NotTheOnion theguardian.com/us-news/2022/s…6 hours ago25 September 2022

RayneToday@raynetodayGross. I can't with any Asian food recipe which calls for liquid aminos or maple syrup. Just, no.1 day ago24 September 2022

RayneToday@raynetodayRT @PeterSchorschFL: Pete Antonacci, who runs @GovRonDeSantis’ elections investigation office and a long-time Florida Politics insider, has…2 days ago24 September 2022

RayneToday@raynetodayI'm shocked, SHOCKED, to find that lawbreaking is going on in here. twitter.com/Gizmodo/status…2 days ago23 September 2022

When Steven Engel and Ed O’Callaghan Said It Was Legal for Russia to Hack Hillary

Trash Talk: Not Exactly Favre-nügen

John Durham Wants to Lecture EDVA Jurors about Being Played by Foreign Spies

Three Questions at the Start of an Intelligence Review

Just Following Orders: Raymond Dearie’s Strict Compliance with Aileen Cannon’s Orders

When Steven Engel and Ed O'Callaghan Said It Was Legal for Russia to Hack Hillary

Trash Talk: Not Exactly Favre-nügen

John Durham Wants to Lecture EDVA Jurors about Being Played by Foreign Spies

Three Questions at the Start of an Intelligence Review

Just Following Orders: Raymond Dearie's Strict Compliance with Aileen Cannon's Orders

Cause the Harm, and Then Say Nothing: Trump Has Had Aileen Cannon's Proof of His Injury for a Week and Said Nothing

Granting Stay, 11th Circuit Scolds Aileen Cannon for Ignoring Executive Assertions on National Security

DOJ Raises Prospect that Trump Continues to Obstruct Investigation, Including of Empty Folders

Trump Sweeps Evidence of Obstruction under the Appellate Rug

Don't Analyze Trump Legal Filings Based on the Law, Analyze Them Based on Power

Trump Wants Two Weeks to Review 64 Documents; DOJ Expects Review of 500 Documents a Day

"The Rule of Law is not assured:" The Cascading Constitutional Crisis Judge Aileen Cannon Deliberately Created

On the Belated Education of John Durham

Only Eric Herschmann (and Maybe Christina Bobb) Learned the Steve Bannon Lesson

In Motion for a Stay, DOJ Raises Prospect that Trump Leaked Classified Documents

Trust: In Bid for Stay, DOJ Likened Trump to Catastrophic Intelligence Compromise

That Other Bitter Jan6er about to Start Trial for Bringing Classified Documents Home from Work

Aileen Cannon's Special Master Is Designed to Preempt Decisions Reserved for a Jury

Judge Aileen Cannon Deems Grand Jury Subpoenas Toilet Paper

Aileen Cannon Orders Government to Share Classified Information with Trump's Counsel

Footer column 1

Footer Column 2