What's In Trump's Boxes... 📦 📱

...and Scott Perry's phone. The DOJ's tale of two investigations.

This week is unveiling a Department of Justice tale of two investigations. And it’s good news for democracy, the rule of law and the Constitution.

  1. Mar-A-Lago search. The FBI executed a search warrant and found ten more boxes to add to the 15 that Donald Trump stole out of the White House. Stole, yes, because under the Presidential Records Act, he had no right to take a single POTUS-related document out of the White House; they all belong to the American people. A looming concern whether the contents of these documents shared with any bad guys. Russia? China? After all, the first group of 15 boxes included communications with North Korean dictator, Kim Jong-un.

  2. Story number two is January 6th. Merrick Garland has taken heat from the left for not going after the top brass that participated. But clearly, we now know DOJ is criminally investigating the White House’s involvement in that, as well. How do we know? Because the FBI just executed a search warrant on GOP House member, Rep. Scott Perry of Pennsylvania, and took his cell phone. Scott Perry is part of the January 6th story — one of three important figures to keep an eye on.


Scott Perry introduced Donald Trump to Jeffrey Clark. When Bill Barr, former Attorney General during the Trump presidency, told Trump that he wouldn’t use the Justice Department to steal an illegitimate election and resigned, the spotlight turned to Jeffrey Clark, who was eager to step into Barr’s shoes to employ DOJ’s powers to overturn the election. The legitimate people at the DOJ threatened to resign, effectively gutting the Justice Department, if Clark was named Attorney General. Donald Trump backed down. We also know that former chief of staff Mark Meadows was seen by aide Cassidy Hutchinson burning documents after a communication with Perry. Scott Perry was also among the cast of characters who asked Trump for a presidential pardon.

As was John Eastman. Eastman’s phone has been in the hands of the FBI for a while. John Eastman was a law professor in California who noodled his way into the Trump inner circle. Eastman created a couple of “constitutional law” memos bogusly outlining how former VP Mike Pence could stop the counting of the electoral votes, and hand the election to Donald Trump. Of course, we know that Mike Pence said no. We also know that a federal judge, in an opinion dealing with attorney-client privilege, identified Eastman and Trump as likely co-conspirators in two federal crimes.

We’re headed to high level indictments.

FBI searches Mar-a-Lago resort where Trump improperly stored White House records.

"An indictment of Donald Trump is critical to protection of democracy.

Merrick Garland has made clear in speeches that he is going to follow the facts and the law as far as they take them regardless of who is involved, and he sort of nodded potentially to Donald Trump. The fact that Trump’s lawyers are talking to the DOJ is not a big surprise.

I'm expecting indictments, frankly. The idea that this is about executive privilege isn't particularly persuasive because that is controlled by Joe Biden, not Donald Trump. Donald Trump lost, even with the conservative Supreme Court, in trying to push executive privilege claims. And in the Nixon case, the court held unanimously that when it comes to grand jury investigations, executive privilege has to fall in favor of getting to the truth."

You heard it here (maybe) first…

On August 7th, I spoke with Erin Burnett on OutFront and told her we will see indictments of Donald Trump.

My take: “Attorney General Merrick Garland has been very tight lipped about this investigation, but I agree with his predecessor, Eric Holder, who recently said that we are likely to see indictments of Donald Trump.

So, that's kind of the big question. I do think it's coming down the pike. Here, it sounds like the #JusticeDepartment is concerned about drawn out litigation around executive privilege. In this moment, it's Joe Biden who actually controls executive privilege. That doesn't mean it can't get teased out and, of course, the Supreme Court in United States versus Nixon held that grand jury investigations can supersede executive privilege.

So I think Donald Trump is going to lose that battle, but the fact that his lawyers are engaging in this and telling him that he better beware, indictments could come, I think it's very serious news for the former president, but very good news for democracy, the rule of law and the Constitution, frankly, Erin.”

Education is key to saving democracy. Now is a good time to pick up or share a copy of my first book, How to Read the Constitution--and Why.

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