This is a very scary letter that straightforwardly tells Trump that his executive privilege claims are garbage, the material is highly classified, and the government needs it back. https://t.co/xSfaPeVNWx— Andrew Fleischman (@ASFleischman) August 23, 2022
Biggest takeaway is Trump team has confirmed the former president had high-level, sensitive and restricted material at his home for many months before allowing archives access to it (archives didn't know what was there) https://t.co/ncVdLiJFLq— Maggie Haberman (@maggieNYT) August 23, 2022
!! National Archives letter to Trump attorney, May 10, 2022.— Ryan Goodman (@rgoodlaw) August 23, 2022
First note what's missing from the exchanges
ANY CLAIM by Trump's side that he'd declassified the materials.
Full Text: https://t.co/nX4FPvU0dj
Letter was published by John Solomon
(h/t @JasonLeopold @MollyJongFast) pic.twitter.com/hxalJG1YVW
3. Letter is a slam dunk on 'executive privilege.'— Ryan Goodman (@rgoodlaw) August 23, 2022
Citing on-point Supreme Court decision (Nixon v. GSA), the Office of Legal Counsel and NARA explained there was no legal basis whatsoever for Trump.
Plus "President Biden defers to my determination" with OLC on exec privilege.
5. Critically important.— Ryan Goodman (@rgoodlaw) August 23, 2022
DOJ NSD to Trump, April 29 (quoted twice in letter):
Urgent need to "conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps."
Confusing to assess how this letter helps Trump, which whoever gave it to Solomon seemed to think it would. Among other things, it confirms our reporting that SAP material - highly restricted information - was part of what was returned from MAL https://t.co/ZaFDNPD5Bg— Maggie Haberman (@maggieNYT) August 23, 2022
These guys really are as dumb as a bag of hammers. And as for Trump escaping the consequences of his actions: up until now, those consequences have been to be a lousy businessman and to lend his name (and little else) to various failed enterprises. For the first time he's actually facing criminal liability, and his response to it is always to make matters worse for himself. The DOJ will bury him in his own supporters and public statements.
NARA letter also confirms that Trump team was delaying the process, and given extensions. And it makes clear that there's no presidential privilege in a case like this https://t.co/ZaFDNPD5Bg— Maggie Haberman (@maggieNYT) August 23, 2022