Popular Information - Keep talking
You are currently a free subscriber to Popular Information, a newsletter dedicated to accountability journalism. There is one piece of essential advice that every competent criminal defense attorney will tell a client: do not discuss your case publicly. In the United States, the 5th Amendment right against self-incrimination means criminal defendants are not required to testify. But prosecutors can use a defendant's prior statements to bolster their case or undermine the defense narrative. So the best option for defendants is not to speak publicly. This is especially important for defendants facing serious felony charges in federal court. Donald Trump faces 37 felony counts related to the mishandling of classified documents and obstruction of justice. And he will not stop talking. Much of Trump's post-indictment commentary concerns a recording obtained by federal prosecutors in which Trump, at his golf course in Bedminster, New Jersey, apparently shows classified documents to two of his staffers — Margo Martin and Liz Harrington — and two people working on a biography about former Trump Chief of Staff Mark Meadows. The week before the recorded meeting, the New Yorker reported that former Chairman of the Joint Chiefs of Staff, General Mark Milley, was worried that Trump would launch a military attack on Iran. According to the indictment, the recorded conversation involves Trump showing the small group, none of whom had the appropriate security clearance, a "plan of attack" produced by Milley.
This is a critical piece of evidence in the case against Trump. The Espionage Act, which is the basis for most of the charges against Trump, requires the mishandling of national defense information to be "willful." The recording is evidence that Trump knew that the documents in his possession were classified, and he no longer had the ability to declassify them. To prevail at trial, Trump's lawyers will have to convince a jury that this recording does not show Trump willfully violating the law. But Trump is not waiting for his lawyers to develop a strategy. He is offering a variety of explanations for the recording in national television interviews. In an interview with Fox News' Bret Baier last Monday, Trump claimed he was not showing the group war plans for Iran but "newspaper stories, magazine stories and articles" about Iran. Trump attempted to muddy the waters further by claiming he "didn’t have a document per se" — implying that he may have referenced a classified document but didn't show it to anyone. This is not a particularly credible explanation for a conversation in which he describes the documents as "highly confidential" and "still a secret." But for Trump, things would quickly get worse. On Tuesday, CNN obtained the audio recording of the incident. This prompted reporters to ask Trump about it again. Trump told the following to Fox News:
The use of the word "plans," which is consistent with Trump showing the group war plans, created an issue for Trump. In an interview on his plane with Semafor and ABC News, reporters asked Trump what "plans" he was referring to in the Fox News interview. Trump claimed he was referring to plans of "buildings" and "a golf course." Trump claimed that his characterization of these golf course blueprints as "highly classified" was "bravado." This new explanation is not particularly coherent and even less credible. It's impossible to read the transcript of the conversation and conclude that Trump was talking about his next real estate development or golf course. Meadows' biography includes a description of war plans to attack Iran written by Milley, not golf course designs:
Even if Trump's lawyers can identify an exculpatory explanation for the recording, it will not erase the fact that, in June 2023, Trump publicly claimed he was referring to documents about golf courses. Prosecutors can introduce other evidence, including testimony from others in the room, that could further undermine the claims Trump is now making on national television. All of this could be used to undermine the credibility of any other explanation offered by the defense in court, even if Trump does not testify. Elon Musk is restricting links to Substack, the service I use to publish Popular Information, on Twitter. It's a direct attack on independent journalism. I spoke to the Washington Post about Musk's arbitrary and vindictive decision-making. This is a problem for Popular Information. Since our founding in 2018, about half of our subscribers have found out about this newsletter through Twitter. Unfortunately, Twitter is now hostile territory for Popular Information. After I documented how the Community Notes feature is being weaponized against Popular Information's accurate reporting Musk tweeted to his 130 million followers that I am a "tool." Popular Information can adapt to this new reality and continue to thrive, but we need your help. We have 263,000 readers, but only a small percentage are paid subscribers. If a few more readers upgrade to paid, Popular Information can invest in alternative growth strategies and produce more accountability journalism that rattles the cages of the rich and powerful. |
Key phrases
Older messages
Democracy dodges a bullet
Wednesday, June 28, 2023
After the 2020 presidential election, lawyers representing Trump were unable to produce evidence of significant fraud to reverse Biden's victory. So they began to promote another path to keep Trump
The House of Marjorie Taylor Greene
Tuesday, June 27, 2023
Over the weekend, House Speaker Kevin McCarthy (R-CA) threatened to launch an impeachment inquiry against Attorney General Merrick Garland. The ostensible reason for the announcement was the
What makes a social studies textbook "woke" in Ron DeSantis' Florida
Monday, June 26, 2023
According to Florida Governor Ron DeSantis (R), textbook publishers are attempting to indoctrinate Florida students by incorporating "woke" concepts into social studies textbooks — in
Popular Information's future
Friday, June 23, 2023
In March 2020, I took down Popular Information's paywall. Since then, each edition of Popular Information (655 newsletters!) has been freely available to everyone. And over the last three years, we
Did Hunter Biden get a "sweetheart deal"?
Thursday, June 22, 2023
In a May interview, President Joe Biden said that his son, Hunter, "has done nothing wrong." That turned out not to be true. On Tuesday, Hunter Biden was charged with two misdemeanor counts
You Might Also Like
A Little Black Dress That’s Just the Right Amount of Little
Wednesday, May 8, 2024
Here's What You Missed on the Strategist The Strategist Every product is independently selected by editors. If you buy something through our links, New York may earn an affiliate commission. A
Daniels, straight up
Tuesday, May 7, 2024
Stormy Daniels offered up the most salacious testimony yet in Trump's criminal trial. ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏
How a Miami Student’s Package Scam Came Crashing Down
Tuesday, May 7, 2024
Columns and commentary on news, politics, business, and technology from the Intelligencer team. Intelligencer crime The Package King of Miami Matthew Bergwall was a gifted coder who could have gotten a
Those viral veggie choppers?
Tuesday, May 7, 2024
You can do better ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏
Wednesday Briefing: Israel in Rafah; negotiators in Cairo
Tuesday, May 7, 2024
Also, Stormy Daniels testified in Donald Trump's trial. View in browser|nytimes.com Ad Morning Briefing: Asia Pacific Edition May 8, 2024 Author Headshot By Amelia Nierenberg Good morning. We'
Get Your Mind Into the Sewer
Tuesday, May 7, 2024
"If you live in London, Dr Leon Barron knows what you're up to. He knows what prescribed drugs you're on – painkillers, antidepressants, antipsychotics or beta blockers – and what illicit
How can Washington state create a skilled and adaptable workforce?
Tuesday, May 7, 2024
Lexion acquisition to Docusign latest success story from AI2 | NVIDIA invests in Carbon Robotics ADVERTISEMENT GeekWire SPONSOR MESSAGE: Join the Nordic Innovation Summit, May 13-14: Topics include AI,
☕ Scrub hub
Tuesday, May 7, 2024
Figs's new premium scrubs. May 07, 2024 Retail Brew It's Tuesday, and it looks like the labor market may slow down in the second half of the year after a period of encouraging growth. With
☕ Unfiltered
Tuesday, May 7, 2024
Inside Jolie Skin Co.'s product-seeding strategy. May 07, 2024 Marketing Brew It's Tuesday. To promote its Skittles Littles candy, Skittles is giving one lucky person a rent-free year in a very
Welcome to The Flyover
Tuesday, May 7, 2024
Thanks for joining The Flyover! ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏