Washington () — Hardly a day goes by without a major development in the Mar-a-Lago investigation, whether it’s a Justice Department release, a startling comment from former President Donald Trump, a fireworks-filled court hearing, or a long-awaited verdict.
The Justice Department’s criminal investigation into possible mishandling of classified material is ongoing. Damage assessment is underway by US intelligence agencies. And the political consequences continue to take shape, as the November legislative elections and the 2024 elections draw closer.
Here’s a breakdown of what’s going on and where things are headed in the investigation.
What’s in the classified documents?
The government has recovered at least 325 unique classified documents from Mar-a-Lago, according to court files that describe Trump’s release of materials in January, subpoenaed documents he returned to the Justice Department in June, and the fruits of the investigation. FBI search in August.
We have learned that some of these files were at the highest level of classification, including some in a “SAP” program that severely restricts who can access the information. But since this scandal came to light, the great mystery has been: what are these classified files about?
Details have been very difficult to obtain. After all, these are national security secrets. But on Tuesday, The Washington Post reported that one of the documents seized by the FBI during the Aug. 8 search described “a foreign government’s military defenses, including its nuclear capabilities.”
“That’s the kind of insight that can do tremendous damage,” Chief Law Enforcement and Intelligence Analyst John Miller said Wednesday on ” Newsroom.”
What is the current situation?
On Labor Day, US District Judge Aileen Cannon issued a landmark ruling, granting Trump’s request to appoint an “independent expert” to independently review everything the FBI took from Mar-a-Lago.
The immediate next steps are as follows: The judge ordered Trump’s lawyers to consult with the Justice Department and prepare a joint filing explaining their views on who should serve, what their exact responsibilities should be, how they should be paid, how quickly they should get their work done, and more. The deadline for this important court filing is this Friday at 11:59 pm ET.
Meanwhile, the judge prevented the Justice Department from using any of the seized materials in connection with the ongoing criminal investigation. This could slow down the investigation. The judge allowed the US intelligence community to finish its review of the possible national security consequences.
Will the Justice Department appeal?
Cannon’s ruling has been criticized by a wide range of legal scholars, Trump critics, and even some former Trump allies, who have described the decision as an unprecedented blocking of a major criminal investigation. (Cannon is a Trump appointee.)
Prosecutors have 30 days from the ruling on Monday to file an appeal. The Justice Department has so far only said publicly that it is “reviewing the ruling” and considering next steps.
Former Attorney General William Barr — a Trump loyalist during his tenure, who broke with him over the 2020 election and is now a Trump critic — says prosecutors should file an appeal.
“The ruling, I think, was wrong, and I think the government should appeal it,” Barr said Tuesday in an interview with Fox. “I don’t think the appointment of an independent expert will stand. But even if it does, I don’t see fundamentally change the trajectory. I don’t think it changes the ball game that much, as we maybe have a rain delay for a couple of innings.”
There is a possibility that prosecutors will try to move full speed ahead in the independent expert process, while simultaneously appealing the part of Cannon’s ruling that blocked criminal investigators from doing anything with the fruits of their search at Mar-a- Lake, like showing them to a grand jury.
What are the political consequences?
We are in uncharted territory, and the political consequences are still unclear. Both sides see a hole, but centrist voters appear to have sided with Trump on the Mar-a-Lago issue.
The record has been catapulted into Trump’s mind. It’s all over his social media pages, with multiple posts almost daily, filled with “deep state” conspiracy theories. At a rally last weekend in Pennsylvania in support of his handpicked Senate and gubernatorial candidates, Trump spent significant time in his speech attacking the FBI and the Justice Department.
On the other hand, the investigation may give a boost to Democrats, who have used the investigation to attack Trump and raise the possibility of his being impeached or imprisoned.
Politically, the reaction has been predictable. Polls indicate that most Republicans have Trump’s back in the investigation, while most Democrats believe he has broken the law. So it’s more insightful to look at how independent voters are evaluating the rapidly advancing investigation.
Add Comment