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There is something peculiar going on with the post facto attempts to justify the search of Donald Trump’s home. At first we were told that he had purloined American nuclear secrets, complete with rank speculation that he sold them to the highest bidder. Then the magistrate who authorized the search warrant ordered the release of a highly redacted supporting affidavit .
The affidavit said nothing about nuclear secrets and also had no specificity about the documents being sought; rather, it showed that the whole affair arose from a spat with the National Archives , the presidential equivalent of overdue library books.
When the FBI raided Mar-a-Lago, evidently they took everything, including personal effects, passports, and a large number of sensitive documents protected by attorney-client privilege. In a separate lawsuit brought by Trump, another federal judge appointed a special master to review the seized documents. This decision implicitly recognized that Trump’s claims of executive privilege may have some weight.
After this, the leaks changed. The leakers dropped the nonsense about American nuclear secrets, and said, instead, that Trump possessed a report about an unnamed nation’s nuclear capability.
Like Schrödinger’s Cat , the seized documents have two fates at once. They are at once so secret that they justify an unprecedented imposition on a former president, and they are simultaneously fully suitable for being leaked and discussed in the pages of the Washington Post.
One may recall that during the Obama years, the administration went hard against leaks, including subpoenaing phone records and other documents from reporters whose stories suggested access to classified information. Here, there has been no substantial effort to identify the leaker. Whoever is talking to the Washington Post is likely someone very high up, and the leaks are being made with the White House’s blessing. Russiagate Precedent Suggests This Is All […]
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