Impeach-A-Palooza 2023: Republicans search for someone, anyone, to impeach

Last week, Republicans in the House were desperately seeking a reason to impeach President Joe Biden. That lead to Marjorie Taylor Greene and Lauren Bobert exchanging insults on the House floor, competing bills that included claims that Biden was responsible for an international child trafficking ring, and Republican leadership even more desperately trying to find a way to avoid defending, again, the painful foolishness and delusional nonsense spewed by the member of its most powerful caucus.

Bobert and Greene’s struggle to one-up each other on the outlandishness of their call for a Biden impeachment came just a week after Rep. Bob Goode called for an impeachment of FBI Director Christopher Wray, which came a week after Republicans tried, and failed, to hold Wray in contempt of Congress, and a full month after Greene’s earlier attempt to impeach Wray, who was appointed by Donald Trump, for turning the FBI into “a Federal police force to intimidate, harass, and entrap American citizens that are deemed enemies of the Biden regime.” All of this came wrapped around the House decision to censure Rep. Adam Schiff (and boost his Senate campaign) because … reasons. Not good reasons. Just reasons.

Barely Speaker Kevin McCarthy now seems to have picked a target to satisfy his members’ impeachment bloodlust, if he could only find a crime.

As The Hill reports, McCarthy has proposed that the Republican demand for a human sacrifice might find its ceremonial victim in Attorney General Merrick Garland, but impeachment has that pesky requirement for “high crimes and misdemeanors,” meaning McCarthy needs more than a name, he needs a justification before he can start whipping up the vote.

So what does he have?

McCarthy wants to impeach Garland because a “whistleblower,” apparently from within the IRS, claims to have knowledge of a private WhatsApp message in which Hunter Biden tried to extract money from a Chinese businessman. That whistleblower also accused the Department of Justice of giving Hunter Biden “preferential treatment” in an examination of his taxes.

“If the whistleblowers’ allegations are true, this will be a significant part of a larger impeachment inquiry into Merrick Garland’s weaponization of DOJ,” said McCarthy.

Unfortunately, for all the times that Republicans sling it around, there is no such crime as “weaponization of the DOJ” or the FBI or of any other department. It’s certainly true that these departments can be and have been aimed at individuals—see Martin Luther King Jr. and just about anyone who ever offended J. Edgar Hoover or Richard Nixon—but impeachment requires a crime, not a buzzword.

They need to find evidence that Garland has done something like intervene to repress evidence of wrongdoing on the part of Hunter Biden. That could be hard considering U.S. Attorney David Weiss just came off a five-year investigation into Hunter Biden that resulted in two minor charges of late payment of taxes and a charge of owning a gun while using drugs.

Weiss was appointed to this task by then-Attorney General William Barr, and the first two years of the investigation were carried out under Donald Trump. If there is anything unusual in the charges, it’s that Biden is being charged at all, because these are very rarely applied charges.

McCarthy admits that there are “clear disparities” between what Weiss found and the unsubstantiated reports Republicans are waving around as part of their fundraising campaigns. He’s demanding that Weiss come back to the House and explain the issues. Garland has said he’d be happy for Weiss to make such an appearance and talk about any issues with the IRS.

While he’s at it, maybe Weiss can explain how the reported attempt to extort a Chinese billionaire happened in 2017 while President Joe Biden was no longer vice president, no longer in the Senate, and not running for anything. As Garland explained on Friday, Weiss had full authority to pursue any evidence he found, including "more authority than a special counsel would have had." He also noted that the IRS whistleblower had claimed Weiss was prohibited from looking at evidence outside Delaware, which was untrue.

While McCarthy has Weiss at the House, he might also get in a few questions about why the last “key informant” that Republicans claimed to have, this one also throwing around unsubstantiated claims about Hunter Biden, turns out to be dead. And the guy who was at the center of that supposed deal turns out to have died over three years before Hunter Biden became involved.

Of course, the requirement for McCarthy to produce a crime on which to base impeachment is only what’s in the Constitution and the law. No big deal for this crew. Republicans can write up an impeachment because they don’t like the pattern on Garland’s tie and likely find a majority to pass it.

Donald Trump was impeached, twice, on clear crimes. First he was impeached for his attempt to extort Ukrainian President Volodymyr Zelenskyy into providing false evidence against then-candidate Joe Biden. That effort not only caused delays in military assistance to Ukraine, it sent a clear signal that the United States wasn’t interested in stopping corruption. It was interested in causing corruption.

Trump’s second impeachment came from his involvement in the events of Jan. 6. Trump not only provided consistently false statements about the 2020 election, he incited violence and delayed necessary assistance to protect members of Congress and Capitol Police.

Republicans want to impeach someone, anyone, in order to gain a measure of revenge concerning Trump. That includes McCarthy voicing his support for expunging Trump’s twin impeachments. Everything they are doing is about showing their support for Trump and showing Trump supporters how willing they are to smite anyone who opposes him.

But this chart from last week shows their basic problem.

It’s not that Republicans aren’t getting plenty of opportunities to investigate their opponents. It's that Republicans keep doing all the crime. Whether it’s a special counsel or a U.S. attorney, years of investigations into Joe Biden and Hunter Biden have found no grand conspiracy or serious crime. But just a few months’ worth of investigating Trump turned up felonies literally in the dozens.

For that, Republicans want to prosecute the investigators. Maybe their “tough on crime” theme would work better if it were actually aimed at the criminals. Like Trump.

Senate Republicans’ path to majority is riddled with landmines of their own making

If the Republican Party was even remotely normal, Senate Republicans would be counting down the hours until Election Day 2024, when they would almost assuredly win the two seats they need to retake control of the upper chamber.

Instead, they are biting their tongues and ducking for cover as they face incoming hits from every corner of the Republican Party.

The latest debacle keeping Senate Republicans up at night is the House GOP’s push to impeach President Joe Biden over, well, they're not exactly sure what … but they may or may not bother to find out.

After House Republicans voted Thursday to refer an impeachment resolution over border security to the committees of jurisdiction, Senate Republicans started to review their life choices.

RELATED STORY: Republican disarray is somehow, miraculously, getting worse

"I don't know what they're basing the president's impeachment on. We'll see what they do. I can't imagine going down that road," Sen. Shelley Moore Capito of West Virginia told Axios.

Capito even added the most obvious yet damning observation: "This seems like an extremely partisan exercise."

Senate Minority Leader John Thune would prefer his caucus’s attention and energy be directed toward pretty much anything else. “I’d rather focus on the policy agenda, the vision for the future and go on and win elections," the South Dakotan—and Mitch McConnell’s #2—explained to Axios.

Sounds smart. But does anyone have any clue at all what the GOP "vision for the future" is— other than rounding up all of Donald Trump's perceived enemies, locking them up, and contemplating whether to throw away the key or worse?

The Senate Republican chairing the effort to retake the chamber, Sen. Steve Daines of Montana, also chimed in, saying he hadn't "seen evidence that would rise to an impeachable offense," before conceding that’s what trials are for.

Sure—assuming House Republicans bother to conduct an investigation. That little hiccup appears to have occurred to Sen. Thom Tillis of South Carolina.

"Impeachment is a serious process. It takes time. It takes evidence," he noted. Now, there's one to grow on.

As former Harry Reid aide Jim Manley tweeted about the House GOP's impeachment scheme: "As a so-called democratic strategist—thank you."

But House Republican plans for impeachment (not to mention a potential government shutdown, abortion ban push, or effort to yank aid to Ukraine) aren't the only things keeping Senate Republicans awake at night.

They're a tad uncomfortable with the fact that the party's current 2024 front-runner and possible nominee stole state secrets, refused to return them, and then obstructed justice during a federal probe of the matter.

Several weeks ago, On June 13, Minority Leader McConnell was asked during a press gaggle whether he would still support Trump as nominee if he were convicted. He dodged.

"I am just simply not going to comment on the candidates," McConnell responded. "I'm simply going to stay out of it." He has said anything on the matter since.

Finally, when looking toward 2024, so-called candidate quality is still a sticking point for Senate Republicans. Though they have had some wins on candidate recruitment to date, they have also suffered some missed opportunities. Further, many of their candidates—even the good ones—will be haunted by their extreme anti-abortion views on the campaign trail.

Voters across the battleground tilt heavily pro-choice and largely believe Republicans will try to ban abortion if they gain control of Washington/Congress. Driving these strong views is a fundamental belief that women should make their own decisions, not politicians.

— Senate Democrats (@dscc) June 23, 2023

Wisconsin Rep. Mike Gallagher, Senate Republicans top pick to challenge Democratic incumbent Tammy Baldwin, announced earlier this month that he’ll be taking a pass on a run. The Badger State’s GOP primary promises to be a mess, but former Milwaukee County sheriff and conspiracy theory enthusiast David Clarke has looked dominant in polling.

In response to Gallagher's June 9 news, Clarke, who's eyeing a bid, tweeted of his rivals, "None of them energizes or excites the base voter like I do."

He's not wrong—and that is some very bad news for Senate Republicans hoping to put Baldwin's seat in play.

Republicans also have extreme hurdles in other top-tier target states, such as Montana, Ohio, and Pennsylvania. As Daily Kos previously reported, even their best candidates hold downright radical positions on abortion:

  • Senate Republicans’ top choice in Montana, businessman Tim Sheehy, who has accused Democrats of being "bent on murdering our unborn children";

  • Another Senate GOP darling, Pennsylvania hedge fund CEO David McCormick, doesn't support exceptions for rape and incest, and only approves of "very rare" exceptions for the life of the mother;

  • In Ohio, MAGA diehard Bernie Moreno, who's earned the endorsement of freshman Sen. J.D. Vance, is "100% pro-life with no exceptions," according to HuffPost. During his failed Senate bid last year, Moreno tweeted, “Conservative Republicans should never back down from their belief that life begins at conception and that abortion is the murder of an innocent baby";

  • and then there’s West Virginia Gov. Jim Justice, who McConnell has convinced to run for the seat of Sen. Joe Manchin. He signed a near-total abortion ban into law last year.

Whether it's Trump, House Republicans, or abortion—the issue that turned the midterms upside down in 2022—Senate Republicans face an uphill battle to recruit and present candidates with broad appeal in a party that thrives on alienating a solid majority of the country.

RELATED STORY: No Republican can escape their party's rancid brand

Joining us on "The Downballot" this week is North Carolina Rep. Wiley Nickel, the first member of Congress to appear on the show! Nickel gives us the blow-by-blow of his unlikely victory that saw him flip an extremely competitive seat from red to blue last year, including how he adjusted when a new map gave him a very different district, and why highlighting the extremism of his MAGA-flavored opponent was key to his success. A true election nerd, Nickel tells us which precincts he was tracking on election night that let him know he was going to win—and which fellow House freshman is the one you want to rock out with at a concert.

By embracing ‘impeachment expungement’ nonsense, McCarthy risks his thin majority

Kevin McCarthy’s brief speakership has been such a shambolic clusterf--k. It’s a wonder he’s retained enough of his wits to keep pretending Donald Trump is a real boy—one with real human feelings beyond hunger, rage, and that concupiscent soup of queasy envy that heats up whenever his weird milksop of a son-in-law comes within Taser-range of his daughter. 

But he’ll keep pretending. Oh, will he ever! Now that his immutable soul is a wholly owned subsidiary of MAGA, Speaker McCarthy’s abandoned his dogged fight against inflation and returned to his true life’s work: continually inflating Donald Trump’s greasy ego. And he’s doing it with the help of his BFF Marjorie Taylor Greene and House Republican Conference Chair Elise Stefanik, who recently introduced a symbolic measure to “expunge” Donald Trump’s two impeachments. Naturally that’ll make us all forget that he extorted a foreign ally and incited an insurrection against the U.S. government.

Fresh off censuring Rep. Adam Schiff for telling the truth about Trump, McCarthy, et al., are fixing to absolve the ex-pr*sident before he even thinks about asking for forgiveness. And, needless to say, that’s left Republican House members from light-blue districts a little spooked.

RELATED STORY: Republican disarray is somehow, miraculously, getting worse

Insider:

In backing the effort, led by Reps. Marjorie Taylor Greene of Georgia and Elise Stefanik of New York, McCarthy is putting his weight behind their goal of removing the charges against Trump from the impeachments of 2019 and 2021.

"I think it is appropriate, just as I thought before, that you should expunge it, because it never should have gone through," the California Republican told reporters on Capitol Hill.

McCarthy said that the 2019 impeachment was "was not based on true facts" while adding that the 2021 vote was taken "on the basis of no due process."

Right? That 2019 impeachment was bullshit! Just read the transcript.

Wait, you’re not actually reading the transcript, are you? 

Who told you to do that?

Stop it!

No more reading now, I mean it!

Anybody want a peanut?

Okay, it’s all right to skim it. Just make sure you stop as soon as you get to the part where Trump says, “I would like you to do us a favor, though,” because everything after that is pretty transparently treason-y.

Speaking of treason, the 2021 impeachment was an even easier layup—one that Mitch McConnell, et al., intentionally missed.

But being a Republican in 2023 means you’re expected to defend everything Trump says and does, up to and including installing beige bathroom fixtures that badly clash with one’s ecru classified document boxes and white crystal chandelier.

RELATED STORY: Special counsel gives two fake Trump electors immunity to compel testimony

That said, some non-MAGA House Republicans are nervous about being forced to vote on anything related to Trump’s guilt or innocence, because he’s fucking guilty and everyone with a functioning brain stem—which includes a not-insignificant number of swing voters and non-MAGA Republicans—knows it.

This week, the Republicans wanted President Joe Biden impeached. The GOP censured Adam Schiff for probing Donald Trump's corruption. The Republican Party declared their intention to expunge Donald J. Trump's impeachments. Trump was impeached twice. We, the people, won't forget. pic.twitter.com/7jA3csad4u

— Tony - Resistance (@TonyHussein4) June 23, 2023

On Friday, CNN reporter Manu Raju reported on the expungement effort and the bind in which it appears to put some moderate Republicans.

(Partial) transcript!

RAJU: “[I]n a key announcement just moments ago in that same press gaggle, Kevin McCarthy told a group of us he does support this effort to expunge those Trump impeachments. Even though it is symbolic and won’t change the actual record of the impeachments happening, if it were to move forward it would put moderates in a more difficult spot. Some of them simply don’t want to vote on this or take a position backing Trump, particularly when it comes to Jan. 6. One of them, Don Bacon, a member from Nebraska from a district that Joe Biden carried, told me it sounds, quote, ‘kind of weird to go down that route.’ And McCarthy would not promise to bring this to the floor … but he said it would go to the House Judiciary Committee and then they would make a decision. He also told me that, no, he has not spoken to Trump about this.”

Why would he talk to Trump about it? What would Trump say? He didn’t even call off his dogs when they were biting at McCarthy’s heels on Jan. 6. Why would he help McCarthy now? 

Meanwhile, Democrats in Congress are treating this expungement effort with all the seriousness it deserves.

If I finish rearranging my sock drawer, I will proudly introduce two resolutions to expunge the two expungement resolutions by GOP Reps @EliseStefanik and @mtgreenee. Because this is all pretend stuff anyways. https://t.co/1KzTTJ8skG

— Ted Lieu (@tedlieu) June 24, 2023

Rep. Dan Goldman, the Democrats’ lead counsel during the first Trump impeachment, pointed out that this was clearly just theater. “It is just a further continuation of the House Republicans acting as Donald Trump's taxpayer-funded lawyers,” Goldman told CBS News. "It’s telling who is introducing them and it’s essentially whoever is trying to curry the most favor with Donald Trump,"

Even Jonathan Turley, a Georgetown University law professor who served as a witness for House Republicans during Trump’s first impeachment, thinks the expungement effort is nonsense. “It is not like a constitutional DUI. Once you are impeached, you are impeached,” Turley told Reuters.

Of course, this is all part and parcel of Republicans’ wider campaign to whitewash our country’s recent history.

For the record, Trump-Russia collusion was proven, no matter how many times Republicans say the Mueller investigation was a hoax and a witch hunt. Trump really did extort Ukraine in a bid to manufacture dirt on President Joe Biden, no matter how many times they tell you to look the other way.

And Trump’s reckless and illegal action (and inaction) on Jan. 6, 2021, really did cause the deaths of Americans and bring our country to the brink of a constitutional crisis. McCarthy should at the very least remember that last incident. It’s pretty hard to forget the day you begged for your life and heard nothing but nonsense back.

Then again, McCarthy helped revive Trump’s political career in the wake of Jan. 6, so as his paper-thin majority continues to tear over trifles like this, he can be confident that he has only himself to blame.

Though something tells me he’d rather point fingers at Hunter Biden.

RELATED STORY: Republicans supercharge Trump's war on justice

Check out Aldous J. Pennyfarthing’s four-volume Trump-trashing compendium, including the finale, Goodbye, Asshat: 101 Farewell Letters to Donald Trump, at this link. Or, if you prefer a test drive, you can download the epilogue to Goodbye, Asshat for the low, low price of FREE.    

Speaker McCarthy supports expunging Trump’s impeachments

House Speaker Kevin McCarthy said Friday he supports the idea of expunging the two impeachments of Donald Trump as hard-right Republican allies of the former president introduce a pair of proposals to declare it as though the historic charges never happened.

McCarthy told reporters that he agrees with Reps. Marjorie Taylor Greene and Elise Stefanik who want to erase the charges against Trump from the former president's impeachments of 2019 and 2021.

“I think it is appropriate,” said McCarthy, the Republican from California. “Just as I thought before — that you should expunge it, because it never should have gone through.”

Pressed on his views, McCarthy said he agreed with expunging both of Trump’s impeachments — the abuse of power charges in 2019 over pressing Ukraine’s president to dig up dirt on rival Joe Biden and the 2021 charge that Trump incited the Jan. 6, 2021 insurrection at the Capitol as Trump supporters tried to overturn Biden’s election.

In both cases, Trump was acquitted by the Senate after his impeachment by the House. But expunging the charges from his record would be an action he could further tout as vindication as he seeks another term in the White House.

The effort is the latest effort by Trump's allies to rewrite the narrative of the defeated president's tenure in office. And it underscores the pressure McCarthy is under from his right flank.

Just this week, McCarthy beat back a proposal from Rep. Lauren Boebert, R-Colo., to impeach President Biden, sending it instead to committees for review.

In explaining his views, McCarthy said the first Trump impeachment, in 2019, should have never happened, conflating it with a separate investigation by the Justice Department into Russian interference into the 2016 election.

As for the 2021 trial that was conducted swiftly in the week after the riot at the Capitol, he said: “The second impeachment had no due process.”

The speaker gave no indication he would move quickly to bring forward the proposals from Greene, R-Ga., and Stefanik, R-N.Y., who is the fourth-ranking GOP leader, for House votes. Pressed if the proposals were a priority, he shifted to listing other GOP goals.

Asked if he had spoken to Trump about expunging the impeachment record, McCarthy said he had not.

Trump, who is campaigning to return to the White House, is the first president in U.S. history to be twice impeached by the House, though he was acquitted by the Senate of all charges.

Democrats have defended their decision to quickly impeach Trump a second time after the mob attack at the Capitol in 2021. They argue that the evidence played out for the world to see as the defeated president rallied his supporters to Washington and encouraged them to march to the Capitol as Congress was certifying Biden's election.

Trump was first impeached in 2019 after it was disclosed that he encouraged Ukrainian President Volodymyr Zelenskyy to dig up political dirt on then-White House rival Biden ahead of the 2020 presidential campaign — while Trump was withholding U.S. military aid to Ukraine as it faced Russia.

Meet the dumbest Republicans in the House—it’s not who you think

You would be forgiven if you thought Reps. Marjorie Taylor Greene and Lauren Boebert—last seen calling each other “bitch” on the floor of the chamber—were the dumbest Republicans in the House.

You wouldn’t be wrong to think Reps. Paul Gosar and Matt Gaetz ranked near the top, or any of the rest of the Freedom Caucus nihilists—like Chip Roy, Andrew Clyde, or even serial pathological liars like Reps. George Santos, Anna Paula Luna, or Andy Ogles.

But no, those aren’t the dumbest Republicans in the House.

The dumbest Republicans in the House are those who voted to impeach President Joe Biden, despite representing Biden districts. Their political fate already in jeopardy, they just threw away their reelection chances for a meaningless Boebert gesture. RELATED STORY: Republican disarray is somehow, miraculously, getting worse

Eighteen Republicans currently represent districts carried by Biden in 2020. They were either beneficiaries of low turnout in California and New York, or sitting incumbents who pulled off reelection thanks to midterm dynamics. In a sane world, they would be finding ways, the way Blue Dog Democrats do, to cast key votes against their leadership, thus building a narrative of “independence” they could sell to voters come election time.

Here are those 18 House Republicans that represent districts won by Biden, with the president’s margin of victory, courtesy of Daily Kos Elections:

  • Juan Ciscomani (AZ-6), Biden +0.1

  • Nicholas LaLota (NY-1) +0.2

  • David Schweikert (AZ-1) +1.5

  • Jen Kiggans (VA-2) +1.9

  • Young Kim (CA-40) +1.9

  • Thomas Kean Jr. (NJ-07) +3.9

  • Brian Fitzpatrick (PA-1) +4.6

  • Marcus Molinaro (NY-19) +4.6

  • Michelle Steel (CA-45) +6.2

  • Don Bacon (NE-2) +6.3

  • Brandon Williams (NY-22) +7.5

  • George Santos (NY-3) +8.2

  • Lori Chavez-DeRemer (OR-5) +8.9

  • Michael Lawler (NY-17) +10.1

  • John Duarte (CA-13) +10.9

  • Mike Garcia (CA-27) +12.4

  • David Valadao (CA-22) +12.9

  • Anthony D’Esposito (NY-4) +14.5

Remember, the current Republican House majority is just nine seats, meaning that Democrats only need to flip five to regain the majority. It’s a target-rich environment, even before drilling down into Republican-held seats in narrow-Trump districts. Abortion, issues of freedom, and the improving economy are all conspiring to make the Republican hold on the House tenuous at best.

A smart caucus wouldn’t just spare these Biden-district Republicans tough, unpopular choices, but would openly give them opportunities to vote against their leadership. Legendary House Speaker Nancy Pelosi was a master of this, giving tough-district Democrats the opportunity to vote and rail against her. But it was all political theater: When she needed their votes, they delivered.

McCarthy isn’t as witless as this bunch. He would offer similar opportunities if he could. But it’s not up to him. It’s up to Donald Trump and his MAGA acolytes, none of which brook any dissent. You might think, “well, isn’t the dumb one Trump, for not giving those Republicans the ability to pretend to be independent?” Well, no! Trump doesn’t care about the Republican Party. All he cares about is his own power and self-aggrandizement. He’s actually playing the game smart, forcing those blue-district suckers to bend the knee, kiss his ring, and vote for their own political demise. Same with McCarthy: His speakership hangs on a thread, and he’s doing what he needs to do for his own political survival. He clearly has no interest in Republicans retaining the House if he’s not the one in charge.

This is why Thursday’s Boebert impeachment vote was so incredibly stupid. It has zero chance of passing, the Senate would dispose of it in two seconds if it did, and there’s no plausible reason for it other than retaliation. Republicans, desperate for anything on which to hang their efforts, have found nothing. Remember all the explosive revelations from the Hunter Biden hearings? No? Me neither. Nor does anyone else, because there were none. An impeachment effort without any hint of underlying crime would be such a calamitous disaster for Republicans, it’s amazing they don’t see the danger signs. The last thing Republicans need heading into 2024 is yet another reason for voters to hate them—not that that’s ever stopped them before.

RELATED STORY: House Republicans desperately seeking reason to impeach Biden

And yet every single one of those Biden-district Republicans voted to impeach Biden. Well, they voted to refer the impeachment to the Judiciary Committee, but good luck explaining that distinction to voters. The correct vote was to squash the effort dead.

Thing is, we’ve seen that resisting Trump can be smart politics, particularly in areas where college-educated suburban voters are a key swing vote. Look at Georgia, where Gov. Brian Kemp and Secretary of State Brad Raffensperger both won reelection easily in the face of Trump’s fury. It wouldn’t be inconceivable for these Biden-district Republicans to win reelection by playing the same game. Sure, they’d still have to survive primary challenges, but they’d likely have better chances there than being reelected in a general election in most of these blue seats.

Voting with the Freedom Caucus nihilists is political suicide, and the fact that these 18 don’t seem to see this is bad enough. But voting to impeach the president that the voters in their district voted for? That’s a whole ‘nother level of idiocy.

Joining us on "The Downballot" this week is North Carolina Rep. Wiley Nickel, the first member of Congress to appear on the show! Nickel gives us the blow-by-blow of his unlikely victory that saw him flip an extremely competitive seat from red to blue last year—including how he adjusted when a new map gave him a very different district, and why highlighting the extremism of his MAGA-flavored opponent was key to his success. A true election nerd, Nickel tells us which precincts he was tracking on election night that let him know he was going to win—and which fellow House freshman is the one you want to rock out with at a concert.

Not even the ‘1-800-NEED-A-LAWYER’ crowd want to work with Trump

Attorneys James Trusty and John Rowley resigned from representing Donald Trump in his classified documents case hours after Trump’s federal criminal indictment became public. But Trusty wasn’t done quitting at that point. On Friday he followed up by filing to withdraw from representing Trump in the former president’s lawsuit against CNN.

“Mr. Trusty’s withdrawal is based upon irreconcilable differences between Counsel and Plaintiff and Counsel can no longer effectively and properly represent Plaintiff,” according to the brief filing. That’s less effusive than his resignation from the classified documents case, which claimed that it had been “an honor to have spent the last year defending [Trump], and we know he will be vindicated in his battle against the Biden Administration’s partisan weaponization of the American justice system.”

“We know he will be vindicated” and also “I have irreconcilable differences with him.” Hmm.

The Washington Post reported that Trusty and Rowley clashed with Trump confidant and investment banker Boris Epshteyn, who had previously caused another lawyer, Tim Parlatore, to resign from the classified documents case. Those lawyers had reportedly urged Trump to try to settle ahead of being charged, but he refused on the advice of Epshteyn and Judicial Watch head Tom Fitton, who are telling him what he wants to hear—that he should keep fighting and will be vindicated. As a result, he’s hemorrhaging lawyers.

Losing a lawyer in a long shot defamation lawsuit against CNN that most of us probably forgot he had even filed is not Trump’s biggest legal concern. The fact that he’s lost three lawyers from the team representing him as he faces 37 federal criminal charges, while a fourth lawyer had to recuse himself because he’d become a witness in the case, is a much bigger one. And Trump struggled to find local Florida counsel in that matter, with multiple prominent attorneys turning him down and Christopher Kise, a member of his existing legal team, appearing to step into that role unwillingly after a fruitless search.

This is all part of a pattern. Trump legitimately needs a lot of lawyers because he’s involved in a mind-boggling number of investigations, criminal indictments, and lawsuits. But he also churns through lawyers in a way that’s very familiar to observers of his time in the White House. Trump hires people unwisely and fires them abruptly or drives them away with his outrageous behavior.

The Washington Post counts more than three dozen attorneys who have represented Trump at some point since 2016, from his impeachments to his efforts to overturn the 2020 presidential election to the defamation suit brought by E. Jean Carroll (which Trump lost in court) to the investigation into his efforts to overturn the 2020 election in Georgia to, of course, the classified documents case and the hush-money payments case in which he has been indicted.

Just as Trump hired White House staffers and administration officials because they were loyal to him, he’s seemed to choose lawyers more for their enthusiasm for going on TV to defend him, than for their legal competence. In late 2020, he seemed willing to take on anyone with a legal degree and a theory of how he could use the courts to overturn the election. In 2023, he’s listening to the people who tell him he had every right to keep those classified documents.

Trump has retained one showboater after another, listened to the advice of the likes of Epshteyn and Fitton, and has been rewarded with a string of brutal legal setbacks and losses. What he needs to do is the thing he has refused to do—and might not be able to at this point. He needs to hire the most competent lawyers he can, ones with no interest in going on television to talk about his cases, and he needs to take their advice. He also needs to pay them. But even if Trump miraculously became a model client, listening to and heeding sound legal advice, his reputation is already so bad that he would likely struggle to find the kind of lawyer he needs.

Donald Trump is facing even more legal jeopardy and the sharks in the Republican Party seem to sense there is some blood in the water. Chris Christie has made his campaign all about going directly at Trump, and Ron DeSantis seems to be closer and closer to becoming completely isolated from the field.

House GOP conducts discredited Biden-Burisma probe that Zelenskyy wouldn’t do as ‘favor’ for Trump

Remember that “perfect” phone call in July 2019 that led to President Donald Trump’s first impeachment? That’s the call in which Trump asked Ukraine’s newly elected president Volodymyr Zelenskyy to do “a favor” for him—namely to speak with his lawyer Rudy Giuliani and announce an investigation of Joe Biden and his son, Hunter, related to the Ukrainian energy firm, Burisma.

The call came just a week after the White House had ordered the State Department and Pentagon to withhold nearly $400 million in military assistance to Ukraine that had already been authorized. Despite the pressure, Zelenskyy didn’t announce any such investigation, which might have derailed Biden’s presidential campaign.

But now Republican Rep. James Comer of Kentucky, chairman of the House Oversight Committee, is doing the very favor for Trump that Zelenskyy wouldn’t do. And it couldn’t have come at a more opportune time for the embattled former president, who is facing a federal indictment for mishandling classified documents at his Mar-a-Lago resort. 

RELATED STORY: Trump plays victim and savior

Comer had threatened to hold FBI Director Christopher Wray in contempt of Congress for failure to turn over an FBI document created in June 2020 that contained unsubstantiated allegations from a confidential source in Ukraine about Joe and Hunter Biden. Comer said a “whistleblower” had informed lawmakers about the FBI document.

The Washington Post wrote: “It is not hard to figure out why this is unfolding the way it is unfolding. There’s an enormous appetite on the right at the moment for evidence that the FBI and Justice Department are deploying a double standard or that Biden deserves to face criminal charges just as much as former president Donald Trump.”

The allegations that Comer wants to investigate relate to the Bidens and Burisma. And this latest political stunt by Comer could backfire like others.

It’s possible that the committee is simply regurgitating Russian disinformation. The U.S. intelligence community, in an unclassified report released in March 2021 said that “Ukraine-linked individuals with ties to Russian intelligence engaged in activities targeting the 2020 U.S. presidential election,” including “alleging corrupt ties between President Biden, his family, and other U.S. officials and Ukraine.”

“a bunch of malarkey”

Wray had cited the need to protect confidential sources in refusing to turn over the document. But the FBI director eventually relented and allowed all the members of the Oversight Committee to view the redacted document, known as an FD-1023 form, usually a report about information relating to alleged crimes provided to the FBI by an informant.   

Wray insisted that the committee members view the document in a secure room known as a SCIF, for Sensitive Compartmented Information Facility, on Capitol Hill. The viewing occurred on Thursday, just hours before Trump broke the news about his indictment.

It’s unknown why the FBI insisted that committee members view the document in a SCIF. But Rep. Marjorie Taylor Greene wasted no time in rushing out of the room to take notes and reveal the contents of the document to reporters.

RELATED STORY: You have to see Marjorie Taylor Greene's plan to 'take down the Deep State'

Greene and fellow Freedom Caucus member Rep. Anna Paulina Luna of Florida both said Burisma owner Mykola Zlochevsky allegedly told an FBI source that he had paid $5 million apiece to Hunter Biden and then-Vice President Biden in an attempt to avoid a corruption investigation, the New York Post reported.

“It was all a bribe to get (former Ukrainian prosecutor general Viktor) Shokin fired,” Greene said in a video that she posted on Twitter. She concluded by saying: “We are going to continue following this investigation; we are going to continue to look into every single thing that we can uncover.”

President Biden dismissed the bribery allegations as a “bunch of malarkey.”

The claim that Biden pressured Ukraine to fire Shokin because he was investigating Burisma has been totally debunked. The evidence shows Biden was carrying out U.S. policy when he went to Kyiv and warned then-president Petro Poroshenko that the U.S. would withhold $1 billion in loan guarantees until Shokin was removed as prosecutor general. The International Monetary Fund also threatened to withhold aid to Ukraine because Shokin wasn’t pursuing corruption cases.

Ukraine’s National Anti-Corruption Bureau, an independent agency, has said Burisma was not even under investigation when Biden was pushing for Shokin’s removal. But the facts haven’t stopped Republicans from claiming that the FBI form proves that the Bidens took millions in bribes. 

The day after Trump’s indictment, the Murdoch-owned New York Post had a front-page cover with photos of both Biden and Trump with the headline “Hail to the Thiefs” and subheadlines “Trump indicted for taking classified documents” and “Ukraine bizman: ‘I bribed Biden for $10M.”

Trump complained that his federal indictment came on the same day that House Republicans gained access to the FBI document, so the bribery allegations got less attention in the news media.

"It's no coincidence they indicted me the very same day it was revealed that the FBI had explosive evidence that Joe Biden took a $5 billion illegal bribe from Ukraine," Trump said Saturday from the North Carolina Republican Party Convention.

questioning credibility

But as independent journalist Ed Krassenstein pointed out in a tweet, there are many reasons to question the credibility of the information provided to the FBI in the FD-1023 form that has so excited the MAGAverse.

Breaking: The Bribery allegations that Comer, Marjorie Taylor Greene and Republicans have been touting are concerning Burisma. While Republicans are making the claim that the allegations “100%” prove that Biden committed bribery, let’s take a step back and evaluate where the… pic.twitter.com/pLuWAj5vSq

— Ed Krassenstein (@EdKrassen) June 8, 2023

Moreover, The Washington Post reported that the FBI and Justice Department under then-Attorney General William Barr had reviewed the allegations from the confidential informant and “determined there were no grounds for further investigative steps.”

The Post wrote:

The allegation contained in the document was reviewed by the FBI at the time and was found to not be supported by facts, and the investigation was subsequently dropped with the Trump Justice Department’s sign-off, according to the people familiar with the investigation.

Barr said the information in the June 2020 FBI form was passed along to U.S. Attorney David Weiss of Delaware, who began an investigation into Hunter Biden’s overseas business ties and consulting work in 2018. That would mean Weiss, a holdover from the Trump administration, has been in possession of the information for three years, but has not acted on it.

The Washington Post reported that Weiss is nearing a decision on whether to charge Hunter Biden for relatively minor tax- and gun-related violations. The newspaper reported last year that federal agents had concluded that they had enough evidence to charge Biden with failing to report all of his income on tax filings and lying on a form for a gun purchase by denying that he had substance abuse problems.

Rep. Jamie Raskin, the ranking member of the Oversight Committee, wrote in a statement that “much of the information provided by the source (in the June 2020 form) was information Mr. Giuliani had already provided the FBI.” Raskin added:

“We now know what I had long suspected: that Chairman Comer’s subpoena is about recycling stale and debunked Burisma conspiracy theories long peddled by Rudy Giuliani and a Russian agent, sanctioned by former President Trump’s own Treasury Department, as part of the effort to smear President Biden and help Mr. Trump’s reelection campaign.”

That Russian agent Raskin is apparently referring to is Andriy Derkach, a former member of Ukraine’s parliament who represented various pro-Russian parties. Among them was the Party of Regions headed by ousted pro-Russian Ukrainian President Viktor Yanukovych, which paid millions of dollars to former Trump campaign manager Paul Manafort to work as a consultant.

Here’s how The Washington Post described Derkach’s background:

Derkach, a former member of Ukraine’s Russia-leaning Party of Regions, was educated at the Higher School of the KGB in Moscow before entering business and politics in independent Ukraine after the Soviet Union’s collapse. His father was a longtime KGB officer who later ran independent Ukraine’s intelligence service in the late 1990s and early 2000s before losing his position amid a scandal over Ukrainian authorities’ involvement in the kidnapping and murder of a prominent journalist.

Derkach was mentioned by name by the National Intelligence Council, consisting of the CIA, NSA, and five other U.S. intelligence agencies, in its March 2021 assessment of “Foreign Threats to the 2020 US Federal Elections.” The report read:

“We assess that President Putin and other senior Russian officials were aware of and probably directed Russia’s influence operations against the 2020 US Presidential election. For example, we assess that Putin had purview over the activities of Andriy Derkach, a Ukrainian legislator who played a prominent role in Russia’s election influence activities. Derkach has ties to Russian officials as well as Russia’s intelligence services.”

It added:

A network of Ukraine-linked individuals—including Russian influence agent Konstantin Kilimnik—who were also connected to the Russian Federal Security Service (FSB) took steps throughout the election cycle to damage US ties to Ukraine, denigrate President Biden and his candidacy, and benefit former President Trump’s prospects for reelection.  

[…]

Derkach, Kilimnik, and their associates sought to use prominent US persons and media conduits to launder their narratives to US officials and audiences. These Russian proxies met with and provided materials to Trump administration-linked US persons to advocate for formal investigations; hired a US firm to petition US officials; and attempted to make contact with several senior US officials. They also made contact with established US media figures and helped produce a documentary that aired on a US television network in late January 2020.  

That U.S. television network was One America News Network. Media Matters for America said the right-wing cable station has a “notable history of acting as a mouthpiece for Russian propaganda,” including spoon-feeding its viewers Kremlin-backed propaganda about the war in Ukraine.

giuliani and derkach

In early December 2019, as the House was moving to impeach Trump, Giuliani traveled to Kyiv with an OAN crew to work on the documentary aired in January 2020. That’s when he met Derkach for the first time, TIME magazine reported. Derkach’s press office released this photo of his meeting with Giuliani, which was posted on his Facebook page that was later banned.

"In this handout photo provided by Adriii Derkach's press office, Rudy Giuliani, an attorney for U.S President Donald Trump, left, meets in Kyiv, Ukraine, on Dec. 5, 2019 with Derkach, who was later named an "active Russian agent" by the U.S. government." https://t.co/4nQpDNkbsR

— Markus T (@dforthandbview) October 16, 2020

Derkach had caught Giuliani’s attention when he held a November 2019 press conference in Kyiv to push his conspiracy theory of “DemoCorruption,” which holds “that Biden sits atop a vast system of graft that permeates the Democratic Party and colludes with George Soros and other Western billionaires,” TIME said.

Derkach had also been pushing the Kremlin-backed theory that it was Ukraine, not Russia, that had interfered in the 2016 presidential campaign on behalf of Clinton. When Time reporter Simon Shuster visited Derkach in his Kyiv office in 2021, he said Derkach handed him a folder labeled “Reports About Record-Setting Bribe,” which included press clippings, printouts from Twitter, and a letter that Derkach sent to U.S. Senate members accusing Biden and his family of corruption.

“Giuliani is a very capable lawyer. I appreciated his meticulousness,” Derkach told Shuster. “When we spoke, it was very useful for me. He records everything. He writes everything down in his notebook. He never relaxes.”

(That’s the same capable, meticulous lawyer who, in July 2020, was duped by Borat—a character played by actor and comedian Sacha Baron Cohen—in a compromising scene filmed in a New York hotel room.)

After the OAN documentary aired, Giuliani invited Derkach to New York for further talks in February 2020. Derkach appeared on Giuliani’s podcast.

In the months leading up to the November presidential election, Derkach continued his efforts to spread disinformation about Biden to Giuliani as well as Republican Sens. Ron Johnson of Wisconsin and Chuck Grassley of Iowa

the search for something incriminating

Derkach also released a series of audio tapes of 2016 conversations between Biden and then-Ukrainian President Petro Poroshenko in which the U.S. vice president linked financial assistance to firing prosecutor Shokin. Derkach claimed he got the tapes from “investigative journalists.” 

There was nothing really incriminating or embarrassing in the heavily edited tapes, TIME reported. But during the first presidential debate in September 2020, Trump repeatedly brought up the tapes, accusing Biden of threatening Ukraine with withholding a billion dollars if Shokin wasn’t removed.

In September 2020, Derkach held a news conference in Kyiv in which he claimed that Burisma’s owner Zlochevsky had laundered money through off-shore banks to pay millions of dollars to a company co-owned by Hunter Biden, Ukraine’s Unian news agency reported.

Hunter Biden did serve on Burisma’s board of directors from 2014 to 2019, and was paid about $600,000 a year, according to the New York Times. His business partner Devon Archer also served on Burisma’s board. Burisma paid them several million dollars for consulting services through their investment firm Rosemont Seneca Bohai LLC, Reuters reported. 

In September 2020, the U.S. Treasury Department imposed sanctions on Derkach “for his efforts to influence the 2020 U.S. presidential election.”

Trump’s Treasury Secretary Steven Mnuchin said in a press release: ”Andrii Derkach and other Russian agents employ manipulation and deceit to attempt to influence elections in the United States and elsewhere around the world.”

Last December, the Department of Justice indicted Derkach for a scheme to violate the sanctions by allegedly engaging in bank fraud conspiracy, money laundering conspiracy, and money laundering. Prosecutors said Derkach allegedly concealed his involvement in the purchase and maintenance of two condominiums in Beverly Hills, California. “While participating in a scripted Russian disinformation campaign seeking to undermine U.S. institutions, Derkach simultaneously conspired to fraudulently benefit from a Western lifestyle for himself and his family in the United States,” said Michael J. Driscoll, head of the FBI’s New York office.

But Derkach stands accused of even worse offenses in Ukraine amounting to treason. In January, Zelenskyy announced that Derkach and three other pro-Russian lawmakers had been stripped of their Ukrainian citizenship for choosing “to serve not the people of Ukraine, but the murderers who came to Ukraine.”

In March, the Royal United Services Institute for Defence and Security Studies, a British think tank, issued a detailed report on Russia’s “unconventional operations” during the war in Ukraine in which Derkach figured prominently.

Ukraine’s State Security Service (SBU) made public information in June 2022 that Derkach had been under the control of the GRU, Russia’s military intelligence agency, since 2016, and had been receiving installments of U.S. $3 million to $4 million a month, according to the RUSI report.

“Derkach is alleged to have been tasked with establishing a network of private security firms which would assist in maintaining control in a number of towns by pathfinding and assisting Russian forces upon their arrival,” the report said.

More ominously, the report said Ukraine's intelligence agencies believe that "the main direction of Derkach's pro-Russian activities" in the years before 2022 was to influence Ukraine's nuclear energy industry "in the interests of Russia." Russia had plans to seize Ukraine’s nuclear power plants as part of the invasion, and to that end, “the Russian special services recruited employees of nuclear facilities, including from units responsible for the physical security of the facilities." 

Ukraine has issued a warrant for the arrest of Rudy’s one-time pal. 

Maybe Republicans on the House Oversight Committee should think twice before doing Trump a favor by accepting at face value unsubstantiated bribery allegations regarding Joe Biden and his family, especially if they might be recycling and spreading Russian disinformation. But they won’t.

RELATED STORY: How did Fox News cover Trump's indictment?

Republicans use House powers to protect Trump

Every single time we have learned that sedition-backing Donald Trump likely committed a crime, it takes no more than a day for House Republicans to begin planning out how they will best defend him. Every single time, the chosen defense is not that Trump didn't do whatever astonishingly crooked thing investigators have uncovered; instead, they declare that whoever discovered the corruption is part of a vast conspiracy against the career con artist, and that the investigators are the ones who need to be punished and/or jailed.

And every damn time, a coatless Rep. Jim Jordan flings himself in front of the news cameras to be the loudest person whining about it.

Now the House Judiciary Chair, which is about as neat a summation of Republicanism's decline as you could ask for, Jordan is already leading the House Republican charge to sabotage the new federal indictment of Trump under Espionage Act charges. He and his fellow Republicans have settled into a pattern; Jordan is using his perch in Congress to demand that the Justice Department turn over documents about the active criminal case. CNN is now reporting that Jordan is "exploring ways to force [special counsel] Jack Smith to testify or provide information" about the criminal case, and that Jordan has declared that "all options are on the table" when it comes to forcing Smith and others to comply.

This is the now-standard means by which House Republicans look to undermine all investigations into Trump's various acts of corruption; Jordan and House Republicans turned to it immediately after Trump's indictment in New York for cooking Trump Organization books to hide hush money payments during his 2016 campaign. It quickly came to light that House Republicans were coordinating with Trump himself in their efforts to discredit the Manhattan District Attorney Alvin Bragg.

The reasons House Republicans have been demanding investigators turn over their evidence are, of course, obvious. The intent is to share that evidence with Trump, either directly or by leaking it to the general public, and to identify key witnesses against Trump so that they can be publicly marked and demonized, and to tease out the direction of any ongoing investigative threads so that those, too, can be leaked and Trump's team alerted. All while undermining federal prosecutors and the judicial system itself.

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The House Republican pattern is now rote, in fact. Rep. Devin Nunes made a name and career for himself before Jordan took the reins; this was the go-to Republican plan during the Robert Mueller investigation into Russian espionage and election interference and during Trump's first impeachment, as well as during every other lesser scandal.

The catch now, however, is that Jordan is not attempting to sabotage a federal probe or an impeachment trial. Jordan and his fellow House Republicans are attempting to sabotage state and federal criminal cases against Trump; in demanding that the indicting prosecutors turn over their notes, their witnesses, and their evidence, Trump's Republican allies are plainly attempting to obstruct prosecutors, not investigators. And that is usually something that is a really top-notch, prison-worthy crime for anyone who is not a sitting member of Congress.

There's really no question that the intent is obstruction, either. CNN also notes that sedition-backing House Republicans like Jordan and Reps. Marjorie Taylor Greene and Matt Gaetz are pushing colleagues to defund the special counsel's office and otherwise strip funding from the Justice Department in order to pressure the department into dropping the charges against Trump.

As for why attempting to obstruct an ongoing criminal probe and indictment isn't illegal if you're a member of Congress, that's a hell of a question. Republicans are relying on congressional speech and debate protections to blur the lines, but those protections wouldn't protect Matt Gaetz or the others if they were, say, indicted on federal drug charges or for participating in a sex-trafficking ring, or for taking bribes or punching reporters or any number of other actual crimes. Demanding prosecutors expose their case strategies, evidence, and path of their ongoing investigations isn't a criminal act of obstruction, though? We'll have to have the experts explain that one to us all.

It needs to be again emphasized, though, that Republicanism now defines itself around the notion that Republicans get to do crimes. The latest Trump indictment is the most serious charge against him so far; Trump was caught hoarding an array of classified documents describing some of the country's most closely guarded national security secrets and, when federal officials attempted to get them back, took repeated steps to hide the documents from the government and his own lawyers so that he could keep them. At Mar-a-Lago. In publicly accessible rooms.

This is an extraordinary crime no matter who was doing it; it is one thing to misplace such documents, but it is unquestionably a crime to intentionally attempt to keep them by lying to the federal government about their whereabouts. It's also a much more straightforward crime than "seditious conspiracy" might be, and is trivial to prove compared to charges that might revolve around "intent" when pressing state election officials to "find" new votes on Trump's behalf.

It is a big-boy crime, a big-boy federal crime that prosecutors appear to have caught Trump and his aide dead to rights on, and one that may very well be amended in the future with actual espionage charges, if Trump had the sheer audacity to share the documents not just with aides and ghostwriters but to Saudi or other foreign officials he was trying to impress. That is the investigation and indictment that House Republicans are attempting to obstruct.

They're not doing it for Trump. Nobody gives that much of a damn about Trump, not really. Jordan and the others leap to the same defenses and the same obstructive acts whenever any powerful or half-powerful Republican faces a new corruption scandal. House Republicans are devoted to the idea that Republicans get to commit crimes and get to charge their political opponents with false ones, and they've got an entire fascist movement egging them on with that.

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Donald Trump is facing even more legal jeopardy and the sharks in the Republican Party seem to sense there is some blood in the water. Chris Christie has made his campaign all about going directly at Trump, and Ron DeSantis seems to be closer and closer to becoming completely isolated from the field.

Republicans are too busy to read Trump indictment

House and Senate Republicans have been tying themselves in knots trying to defend Trump after his newest indictments revealed his extraordinary efforts to hide highly classified nuclear and national security documents inside his Mar-a-Lago club even as government officials were trying to get them back. But there's not much for Trump's defenders to rally around, given that prosecutors have a tape of Trump literally showing off one of the classified documents because he thought it'd score him points in a petty political fight, and so "trying to defend Trump" is competing with "sprinting away from reporters with Josh Hawley-like grace" when Republicans have to decide whether to even acknowledge the charges against him.

Republican Sen. Chuck Grassley might have topped all the others. Capitol Hill reporter Joe Perticone reports that Grassley "tells me he hasn't read the indictment because he's 'not a legal analyst.'"

Yes, no legal mumbo-jumbo for Grassley here. Not for Sen. Chuck Grassley, the (checks notes) previous Republican chair of the Senate Judiciary Committee.

Perticone also reports that Joni Ernst, Steve Daines, and Deb Fischer also claim they haven't read the newest indictment of the last Republican president of the United States, which is puzzling because it’s a very quick read, something that can easily be skimmed in the span of a half hour, and you would think that Senate Republicans still willing to stick their neck out to defend Trump after two impeachments, and an attempted violent coup, and a jury confirmation of sexual assault might want to at least glance at the indictment to learn why Donald now faces Espionage Act charges as well.

House Speaker Kevin McCarthy, by contrast, says he hasn't "read it all the way through. I read a lot of portions of it, though," which is considerably more than ex-Judiciary chair Grassley could muster, and McCarthy, if you haven't noticed, has a hell of a lot more on his plate these days, what with a good chunk of his own caucus willing to sabotage their entire party agenda for the sake of squeezing a few more drops of blood out of him.

McCarthy may have only skimmed the indictment, of course, but that doesn't mean he wasn't willing to make a total ass of himself on Trump's behalf. He's the one who solemnly noted that at least "a bathroom door locks," which sent much of the political internet into spasms of giggles, and then even more giggles as a handful of reporters tried to take the big goof seriously.

does the pulitzer have a category for excellence in bulleted lists because I have a nomination to submit pic.twitter.com/Y6zfh443ij

— elaine filadelfo (@ElaineF) June 13, 2023

A twice-impeached, twice-indicted, sedition-promoting, hoax-pushing former "president" of the United States was caught red-handed hoarding national defense documents in a ballroom, bathroom, and poolside storage room at his private for-profit resort, and the best McCarthy can do is note that one of those three locations is technically sort of locked, some of the time, specifically when Trump or anyone else with access was attempting to poop.

There are worse takes, of course. Sen. Lindsey Graham manages to be terrible at this every day, all the time, and is currently waffling between noting that Trump "believes" he had the right to put classified national defense secrets in his chandeliered pooproom and, previously, offering the defense that well it's not like Trump was in league with foreign spies so shut up.

Sen. Lindsey O. Graham (R-S.C.) picked up the argument Sunday. “Espionage charges are absolutely ridiculous. Whether you like Trump or not, he did not commit espionage,” Graham said on ABC News’s “This Week.” “He did not disseminate, leak or provide information to a foreign power or to a news organization to damage this country. He is not a spy. He’s overcharged.”

Oh, Lindsey. For starters, the indictment doesn't charge Trump with disseminating the information, it only charges him with retaining it and attempting to conceal it when federal officials asked for it back—this is a case where Graham might have done himself some good to read the indictment before appearing on Sunday shows to once again make an ass of himself.

But Graham may want to put a pin in that one, because while federal prosecutors are not currently charging Trump with disseminating the documents to a foreign power, even we in the public now know that 1.) Trump had no compunctions against showing the documents to supplicants ranging from aides and ghostwriters to Kid Rock, for some reason, and 2.) not all of the classified documents Trump is believed to have made off yet have been found, including the one he was recorded waving around, and (3) Donald Trump and his family have done very well for themselves in their new partnerships with Saudi Arabian royalty, representatives of which have been in the same Bedminster, New Jersey, club that Trump is now known to have spirited some portion of the classified docs off to.

Sen. Marco Rubio took up the same line, whining that there's "no allegation that he sold it to a foreign power or that it was trafficked to somebody else or that anybody got access to it." Again, put a pin in that one. That is a very, very narrow limb to climb out on, when you're talking about a money-obsessed lifetime petty crook who just proved himself willing to overthrow the government rather than admit failure on his part. Do we really think—are we really quite sure—that he did not do that?

We'll see where this goes from here, but we can count on House and Senate Republicans to humiliate themselves over and over again on Trump's behalf before this is over. The short of it is that Trump has access to all of the party's deplorables, voters who themselves are quite fond of sedition and think that well maybe there should be violence to clean out their political enemies so that gun-owning malcontents can rule what's left, and nearly every Republican in the party has decided they need to support Trump through extortion, sedition, and even espionage if the alternative is losing those votes.

It will get worse. Count on it. There's no chance prosecutors are already telling us everything investigators have learned about Trump's hoard of classified documents—and there are still more indictments waiting in the wings.

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Trump’s big mouth is finally getting him in (legal) trouble

Donald Trump's charmed stretch defying legal gravity in spite of his penchant for self-incrimination finally came to an end last month, when he sunk himself in the E. Jean Carroll rape case deposition.

He claimed he had never seen Carroll before in his life and even if he had, she most certainly wasn't his type. Those twin defenses were hilariously blown apart when he was shown a picture of himself interacting with Carroll—and mistook her for his ex-wife Marla Maples.

Ultimately, the jury found Trump had sexually abused and defamed Carroll and awarded her $5 million.

Although the case was civil, not criminal, it marked the beginning of the end of Trump's luck evading the law. During his tenure at the White House, Trump successfully used his chief bulldog at the Justice Department, Attorney General William Barr, to run interference on pesky inquiries ranging from the investigation into Russian interference in the 2016 election to the impeachment probe of Trump's efforts to extort Ukrainian President Volodymyr Zelenskyy, not to mention Carroll’s rape case.

But without his White House shield, Trump's publicly incessant blathering, blustering, and bullying is poised to cost him dearly.

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In special counsel Jack Smith's federal probe of Trump's classified document scandal, the emergence of a 2021 recording revealing that Trump clearly knew he had classified information and was contemplating sharing it has provided prosecutors with a rare legal gem: proof of Trump's state of mind.

"The import of the new Trump audio is not that it eviscerates his defense that he declassified everything,” tweeted Justice Department veteran Andrew Weissmann, who served as a prosecutor during the Mueller special counsel investigation. “That was never a legal defense (nor factually plausible). The import is that he is caught lying to the public to gain support when he’s indicted."

Weissmann added that such a recording would be an "admission” that Trump "intentionally and knowingly" possessed a classified document, which is a crime if the document actually exists and Trump wasn't simply bragging to people about a document that didn’t exist.

Given the damning nature of that recording, Weissmann predicted an indictment is "days, not months" away. But either way, he firmly believes it's a matter of when, not if.

As if that weren't enough, now there appears to be a mad hunt for the document in question, which no one seems able to locate. Its apparent disappearance raises the specter that Trump might have followed through on his stated desire (in the recording) to share the classified information. Good thing Trump’s blathering gave the game away!

This week also brought news that the Georgia election fraud probe—built around Trump's recorded demand that the Republican secretary of state "find" the votes to beat Joe Biden—is reportedly expanding into examining Trump's activities in other states and the District of Columbia.

The Washington Post calls the news a "fresh sign" that Fulton County prosecutors and District Attorney Fani Willis could be building an expansive racketeering case against Trump.

[Georgia’s] RICO statute is among the most expansive in the nation, allowing prosecutors to build racketeering cases around violations of both state and federal laws — and even activities in other states. If Willis does allege a multistate racketeering scheme with Trump at its center, the case could test the bounds of the controversial law and make history in the process.

Trump is already facing more than 30 criminal counts of falsifying business records in the hush-money-scheme case brought by Manhattan DA Alvin Bragg.

And Smith's probe of Trump's role in inciting the Jan. 6 insurrection is ongoing. Fortunately, there's no shortage of taped material there either, including Trump's post-insurrection assertion that he didn't want to admit the election was over.

“I don’t want to say the election’s over. I just want to say Congress has certified the results without saying the election’s over, okay?” Trump insisted on Jan. 7, 2021, while filming outtakes for a video intended to help calm a roiled nation.

Trump remains the undeniable frontrunner for the Republican nomination. The initial Bragg indictment arguably gave him a small bump with Republican voters, but a gusher of criminal scandals awaits him in the coming months—or days, depending on who you ask.

We have Rural Organizing’s Aftyn Behn. Markos and Aftyn talk about what has been happening in rural communities across the country and progressives’ efforts to engage those voters. Behn also gives the podcast a breakdown of which issues will make the difference in the coming elections.

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