Looking from afar, I think the appointment of a Special Counsel to investigate the Biden classified document issue is a good thing - regardless of whether the facts justify it and regardless of whether this delays things and keeps the news story rolling for a bit. We assume that Biden will be exonerated in the end. But most importantly, it completely takes the wind out of the GOP sails that there is an unfair treatment of Trump and that it is unheard of to investigate Presidents in this manner. And that is where the danger lies, if there seems to be credence to the claims of unfair treatment.
It is a total mess and should never have happened and totally self-inflicted and the timing is very unfortunate - but even given that, it is much better to have independent investigation.
Hi, Jules. I agree with your that the political result may be a benefit for Biden. That said, it is fundamentally unfair to be subjected to a criminal investigation when no grounds exist. But, life isn't fair and being president means that you have to put up with more than your share of unfairness.
I agree entirely about the National Archives and then DOJ attempting to quietly and voluntarily resolve the Trump situation. We didn't learn there had been over a year of finds, notifications, etc everything else done ahead of a subpoena and search of Trump properties. Over a year. And people are screaming about 2.5 months for Biden.
I read an account of Biden's last days as VP, and he was still working in a frenzy (attributed to staying busy after his son's death plus leaving DC), so as his aids were packing up his things, new classified materials were still arriving. Not everything was gone through with a fine tooth comb by the lower level staffers doing the packing (why some of the "originally found" classified documents were found in file marked "Personal" and included Beau's funeral arrangements."
After reading that, I don't think documents have been planted.
What's been interesting to learn is "this happens often" with changes in Administrations, and there's a whole process in place to ask for or retrieve documents which are often marked 'classified' & have them reviewed for "irregularities" in handling them and if further action by the DOJ is needed. Every former POTUS/VP/whomever has immediately voluntarily complied with a request for documents--except Trump, of course. No requests ever made to Biden by any US government entity or agency.
tRump and Biden are like apples and oranges--totally different from one another. Biden made mistakes. Having packed and moved many times, lots of things get mixed up and misplaced. tRump committed crimes and has really been treated with kid gloves. I am SO tired of the endless victimhood of Republicans, when they are busy making victims of women, people of color, children, LGBTQ people, anyone who appears vulnerable .
I totally agree with you but I doubt the GOP and its MAGA branch are going to change any time soon, so I think it is a good tactic to starve them of oxygen on this
But do you have to associate that awful former president with an oft beautiful part of the human body? Like the nuchal ligament (holds the head steady when a person runs) and the achilles tendon, and lack of body hair, the derriere evolved so that H. sapiens could run, which they did for hours in pursuit of prey, as Harvard's Daniel Lieberman has written. (No other primate has a derriere.)
Somewhere along the line, the derriere became a secondary sex characteristic, and one that sculptors of the human form and many members of our species find very attractive.
Thanks for the support, and the good belly laugh. Could you hear me all the way out in Colorado (land of my Hornbein ancestors and relatives, and where my mother grew up).
Janet, I'm surprised you didn't hear me. A friend in Utah phoned me to tell me not to laugh so hard, that I'd disrupted a concert he was attending!
Yup, the maternal side of my mother's family is very interesting. The paternal side is not, with one exception, a niece of my maternal grandfather's who earned a bachelor's in chemistry at 18, and later went to Paris, where in 1929 she met George Seldes, a muckraking journalist, married him, and they worked together for the rest of her life (she died around 15 years before he did). She'd been pursuing a graduate degree in chem--I don't know if she got it or not. Her father had been involved in the formulation of Ivory Soap, but after reading a book on the history of soap making, it became clear that there wasn't anything special about soaps except for the stories manufacturers spun to sell them.
Yes, it is a total mess, and self inflicted at that. And there might be a silver lining here as the appointment will, perhaps, take the "wind out of the GOP sails." Still, it does not appear to me that this was the motive for Garland's action. My first impression, and still my impression, is that he was responding to political pressure. He resisted political pressure to act decisively to investigate all of Trump's misdeeds for two years. He appoints a special counsel to investigate Biden in two months.
Heather Cox Richardson has a more positive take on this:
"The appointment of a special counsel seemed inevitable considering what Garland called “extraordinary circumstances”—likely a reference to the fact that former president Trump is being criminally investigated for his own handling of documents marked classified—and it serves to reinforce the idea that the Department of Justice treats everyone the same. This is a good thing.
"But it presents a problem for MAGA Republicans. Unable to attack Biden for having documents marked classified in his possession without also faulting Trump, Republicans have tried to suggest that Biden was being treated differently than Trump is. The appointment of a special counsel undermines that. It also takes away from House Republicans the publicity they could get by investigating the issue themselves. House Speaker Kevin McCarthy said this morning that he did not “think there needs to be a special prosecutor,” and that Congress should conduct its own investigation.
"This evening, Republicans appear to have settled on the talking point that Hur is tainted by his time at the Department of Justice under Wray—although Wray was appointed to the FBI directorship by Trump—and that his appointment is further evidence of the “political weaponization” of the FBI and the Justice Department.
Although I hesitate to disagree with HCR, I will. It is not grounds to appoint a special counsel merely because there are "extraordinary circumstances." The statute requires two things: Circumstances "warranting a criminal investigation" and either (a) a conflict or (b) exceptional circumstances. Garland skipped over the "warranting a criminal investigation" step. If you look at the order appointing Hur, there is no statement that evidence of a potential crime exists. As I acknowledge, it may turn out to be a political benefit to Biden, but I don't think we should attempt to excuse the initiation of a criminal investigation in the absence of some suggestion that a crime has been committed.
More to the point, making decisions based on their impact on the credibility and reputation of the DOJ is not a positive step. It is that type of thinking that caused Garland to delay for for more than a year before empaneling a grand jury to investigate Trump's role in January 6th.
Of course, it is possible that Garland is aware of evidence of a crime that is not yet public. But the timing exudes political expedience.
So, I acknowledge the possible political benefit for Biden--and even its possible positive impact on the DOJ's reputation. But I do not believe we should rationalize or excuse a politically motivated act by Garland. Prosecutorial decisions should be made on the evidence, however unpopular those decisions might be.
I live in Los Alamos, NM, one of 19 US communities housing a National Laboratory. In each of those labs, which focus heavily on national defense, thousands of classified documents get handled every week, but only by people with a documented “need to know”.
Employees at those facilities (which many of my friends are or have been) get extensive training on what they can see and where, the safes that must be used to put items away each day, etc., etc. They have all been through extensive background checks before they were given security clearance (which BTW come in many levels). And they all know of a few cases where some laboratory employee years ago broke the law in removing a secret document, and went to jail.
So, as best I can tell, these tens of thousands of employees are extremely aware that what Biden and Trump did was probably criminal, and that all such episodes should be immediately investigated. There’s deep resentment in communities like this that a double standard exists - one for those handling national security documents in the field, versus those doing so in D.C.
IMO, it’s important we not lose track of that frame of reference just because we support Biden as a great president. Looking at this thru a “Biden is ending up a victim of the GOP and the media” is a lens we are sick of our opponents using, and one we need to avoid grabbing ourselves.
It seems that the culture in Washington re: handling of classified documents is broken, with top politicos getting clearances but very inadequate training, and little if any accountability. Maybe (?) this will now start to change.
I do not deny that it puts Garland in a poor light again. But I was looking for the positive. I do not think that anything will be gained by Democrats crying out that the special counsel for Biden was unfair and that the facts of each case are totally different: both of which are true
"It is a total mess and should never have happened and totally self-inflicted."
I disagree. The papers appear to have been swept up in the chaos of presidential transitions. It's not as if Biden stuffed them in his drawers as he left office. I think we're at risk of falling into the Biden-is-so-inept trap. On the contrary, his strength is assembling a team that proactively identifies a problem, then wisely and aggressively goes about solving it. My bet is that were a comprehensive review of previous transition made, the same issue would arise. I think it is Jennifer Rubin who is suggesting that the LOC or a similar non-political office assume responsibility for the transition process, gathering everything and returning what isn't the government's. Wouldn't that be an unintended and positive consequence.
That sounds like an excellent idea and I am absolutely sure that this happens often with transitions, except this one is the news right now because of Trumps illegal activities with his papers
The "self inflicted" aspect of this is the Biden team's failure to deal with this immediately. Their failure to do so created an opportunity, immediately seized on by the Chaos Caucus and others of their ilk, to characterize this as a coverup. I totally understand the difficulty of a presidential transition and the chance that mistakes will be made in document retention.
Rob, I do hope that you and your wonderful Managing Editor are staying safe from the storms and flooding. As a native Californian, and one who has just returned home to Northern Sacramento Valley after 30 years away, the amount of rain has been amazing, but also reminiscent of the flooding in the mid-80's when we were watching to see if the levees would hold in Sacramento. All we can do is hunker down and then prepare to help our neighbors, to the extent we're able, after the storms subside.
Thanks, Denise. We are safe, although some local boulevards have been closed intermittently due to flooding---which makes traffic almost impossible during rush hour. We sincerely appreciate your concern.
Thank you, Denise, for your gracious expression of care and concern for Robert and his family. And that you too are in California and speak wisely of the need to hunker down, and compassionately, that you're already thinking of helping your neighbors ... my goodness. I'm on the east coast, and awakening to the rain and howling winds this morning caused me to think of California, of its many people who, and places that are treasures in our lives. May all be held in safety, and may the place you all hold in our lives be your refuge.
I am reminded of the very beautiful blessing by Rabbi Sharon Brous, founder and senior rabbi of IKAR, at the mayoral inauguration of Karen Bass. It seems fitting to share here, this place of refuge, and may it be so for us all, and for all time: https://youtu.be/RBKyImuLErs
I almost always agree with you, but I think in this case that appointing the special counsel was the correct thing to do. I would like to point out, though, the effectiveness of the constant right wing noise machine in this sense: When considering who his special counsel for Trump would be, Garland has to appease the howls from Fox et al, and make sure to pick someone who can't be connected with the Biden or Obama administrations. The reverse is the case with the Biden counsel: Choose someone appointed by Trump to appease the very same people.
I hope that justice is done and Biden is shown to have been careless, but not criminal, and Trump gets what he deserves. One concern I have is that this is overshadowing the very important and really completely shocking information coming out of the Proud Boys trial. This is what the country should be focused on--how close we came to a successful violent overthrow of an American election.
Hi, Ellen. As I noted last night, there are two different aspects to the appointment. There are the political ramifications, which may be positive for Biden. But if we start appointing special counsel to "appease the howls from Fox," we have abandoned the rule of law. That is no small thing, no matter who much it benefits Biden politically in this instance. If we begin to make appointments of special counsel based on politics, the DOJ becomes an political arm of the party in power.
Yup there will be no appeasing them and I suspect they will eventually focus on the content of Robert’s comment: “But he did not tell the American people of the discovery even though Trump’s deliberate retention of documents was a major story.” as relates to the midterms. They will claim, and perhaps rightfully so, that the non disclosure was political in nature and done so as to not hurt the Dems in the midterms.
It’s also potential fodder for the Qanon Republicans to screech that the nondisclosure was/ is part of the conspiracy of the “deep state” and its underhanded ploy(s) to gain and have power and control over the American people.
The nondisclosure is a big, perhaps even a huge gaff and be used by the right wing ad naseum to discredit Dems as much as possible and for as long as possible. Keep the melodrama going for as long as possible. Equally unfortunate tfg will likely have a field day with it for as long as possible too.
Say it ain't so, Joe! Just when it seemed the president really had it together, and just when it seemed the DOJ finally was ready to make its move on Mar a Lago, things got convoluted and scattered. Truly, the documents issue is a strange one for the general public; what are the ramifications and reach of each of them? We will never know because of their secret nature.
Also, another Ponzi schemer in public office! I have to say one thing about the Republicans. Their public image has reached absurdity. They are like characters in The Night Circus.
Thank you again, Robert, for making it all understandable and for making us better citizens.
Aww, come on. The President has a couple of dozen documents marked classified, out of how many thousands that he was authorized to remove when he left office in 2017. Don’t buy into the Republican posturing (in desperation) on this.
Very interesting statistics 🤔 about the true % of Americans that the radical rednecks represents and the importance of why gerrymandering is a blight on true democracy 🤔
It's tweetable, "A strategy of many animals when threatened is to make themselves appear larger by ostentatious displays." What a great analogy. thanks for your work.
Much ‘adieu’ about nothing. Still quite a lot of inner angst among democrats who never liked Biden and feel compelled to spank. I think it’s premature to be writing his obituary. For all of the fast draw artists It is your own foot you are shooting. Think lemonade. Biden’s Folley since that is effectively what many friendlies are calling the unfortunate documents surfacing may be the mirror that reflects the stark and substantive differences between Biden and Trump. Both men stand before us clearly show casing to American voters the profound choices we have made and which man will take us where we need to go. What a perfect opportunity to lead and that leader is Joe Biden. Americans will look into this clear reflection and choose. I choose lemonade.
I posted some of this at LFAA. It also seems appropriate here. Hoping to add some perspective. Believe it or not, all news stories are not equal :)
All of this "whataboutism" will dim and fade as minor background chatter among the "Q crew. Biden is being open and forthright - following the rules as NARA requires. The documents thing is a nothing burger.
Soon there will be news eclipsing all this nonsense including the "theater" at the House of Representatives. Santos will be a joke of a memory. Jordan and company may be busted. And there is a real possibility that the GQP will lose their majority as a result.
Headline names coming soon: Jack Smith, Fanni Willis. And Letitia James may not be done. Patience will pay off. These three have "pit bull" reputations.
Trumps mental illness will lead to even more bizarre comments which will become even more damaging and self incriminating. Keep in mind that there are no "professional tenders" guarding "Don the Con". No daughter or son-in-law to protect him from himself. No credible legal team. No advisors who have the guts to influence this bag of BS. He is surrounded by third string wobbly kneed sycophants. It's a recipe for self destruction.
The continuing trials of Oath Keepers and Proud Boys will make many of the insurrectionists squirm. When it comes down to it, people will say anything to escape incarceration. Flinging blame will trend.
The Biden documents issue will take its rightful place with the "laptops" and pizza parlor non-existent basements. And Benghazi and email servers...
Today’s Edition once again proves size does matter. The data regarding the actual size of the MAGA dedicated Republicans confirmed a suspicion I have had for a long time. Add to this data of the gerrymandered congressional districts and the fact that Republicans have lost the last three presidential elections popular vote and you have to come to the conclusion that there are more of us than them and we need to act that way. Think about this another way. What are the Republicans doing from a legislative perspective that provides benefits to average everyday voters regardless of race, demographics or sexual orientation? There mantra is to tear down government institutions and government regulations resulting in no accountability for legislative Republicans. The questions we need to keep asking his “ what have Republicans delivered for the American people and do we really trust them to govern.?
As I’m sure you know, Robert, HCR has a different take on the appointment of the special counsel to investigate the maybe-classified documents found in Biden’s former office and home. I go with her on this one. For one thing, she notes that Joe, err, Kevin McCarthy said yesterday morning that a special prosecutor was not necessary and that Congress could investigate. That idea has now been headed off at the pass.
Repeating my answer from above to another reader who agrees with HCR:
Although I hesitate to disagree with HCR, I will. It is not grounds to appoint a special counsel merely because there are "extraordinary circumstances." The statute requires two things: Circumstances "warranting a criminal investigation" and either (a) a conflict or (b) exceptional circumstances. Garland skipped over the "warranting a criminal investigation" step. If you look at the order appointing Hur, there is no statement that evidence of a potential crime exists. As I acknowledge, it may turn out to be a political benefit to Biden, but I don't think we should attempt to excuse the initiation of a criminal investigation in the absence of some suggestion that a crime has been committed.
More to the point, making decisions based on their impact on the credibility and reputation of the DOJ is not a positive step. It is that type of thinking that caused Garland to delay for for more than a year before empaneling a grand jury to investigate Trump's role in January 6th.
Of course, it is possible that Garland is aware of evidence of a crime that is not yet public. But the timing exudes political expedience.
So, I acknowledge the possible political benefit for Biden--and even its possible positive impact on the DOJ's reputation. But I do not believe we should rationalize or excuse a politically motivated act by Garland. Prosecutorial decisions should be made on the evidence, however unpopular those decisions might be
What’s that old saying…something about “it’s not the mountains that get in your way, it’s the grains of sand in your shoe”. My shoes are filled. After working so hard to stave off the red wave, these latest antics by the clown car House Republicans and Biden and Garland’s missteps have made even us diehard Democrats weary. The president of my local Democrat Club is in the same boat. So, yes, we shall continue, but how the hell can we dump out all this sand?
Annette, thanks so much for your note. And thanks for fighting the good fight in Florida. I will address this point in the newsletter in the next few days. Those of us in blue states need to find a way to buttress and sustain those in red states who are trudging on despite defeat and difficult odds.
Annette - thanks for your work and please tell the Dem Club prez many thanks too. But in case someone else hasn’t mentioned it, I strongly urge you two (and your whole club) to listen to Michael Moore’s podcast “Blue Dots in a Red Sea.” The music he uses at opening and closing is an added pleasure.
Yes! I have been listening to it and also forwarded her the link already. Plan on presenting to the entire club at our next meeting on Wednesday. Thanks.
In this age of false equivalencies, I think Garland absolutely had to appoint a special counsel. Biden and his team were idiots not to have done top to bottom searches of Biden properties the day after the first whiff of purloined documents at Mar_a_Lago.
I understand that the Biden and Trump document cases are completely different. I also think Biden has done an incredible job and has a long list of accomplishments, several bipartisan. In 2024, Ds will have a LOT of great stuff to run on, and the Rs will have behaved ridiculously in '23 and '24. BUT, as someone who did lots of hiring in my professional life, I would never have considered an 82-year-old applicant for a six-year position, given that there are SO many strong candidates in waiting. The next two years will only accentuate that issue more. I personally think voters are ready for a post-Trump AND post-Biden landscape, and this unfortunate mishandle provides an opportunity to celebrate and honor Biden for his amazing contributions to our democracy and to encourage him to not run but rather focus on critical work these next two years, which includes making space for future leaders.
In case we forgot, Donald Trump is also an old man. He rides a golf cart. Joe Biden rides a bicycle, and if he falls off, he gets back on. (I didn’t mean metaphorically, but the metaphor works.) The Republicans who believe Biden has dementia haven‘t heard anything but short clips of his speeches selected by their favorite news outlets. But I agree about hiring an 82-yr-old for a four-year job critical to our country’s future.
California Senator Feinstein in her 90s hasn’t said she won’t run again in two years. But at least four excellent Democrats are interested in her seat, and Katie Porter (of the whiteboard) has announced she is running. Democrats can field a great successor to Joe Biden, whether after one term or two.
I think Joe knew how important the mid-terms would be, and he wasn’t going to spoil Democrats’ chances, even if criticism rained down, which he knew it would.
Following another track and issue arising from the Biden classified documents issues, you might want to read my Harold's Newsletter published on January 12, 2023 on reasons why Biden should announce that he will not be a candidate for re-election for a number of reasons: his age and age of 86 at the end of another 4-year term, the Biden classified documents matter, and the need to recruit able and younger Democratic candidates to run for the presidential nomination. See: haroldrberk.substack.com
I totally agree with you. Biden was never my first choice. Harris should just go back to California. She’s very weak. Garland is a disaster. There are more. It’s a long list of government dysfunction. I will check out your newsletter.
How about Adam Schiff if Katie Porter runs for Dianne Feinstein’s senate seat. Tim Ryan. So many great possibilities. Also, on the 10% MAGA GOP: Never underestimate the Federalist Society with its wholly undemocratic power strategies and dark money support.
It's also important not to overestimate them. The key is an accurate assessment of one's opponent's strengths and weaknesses in order to plan an effective strategy.
We need Jeffries in the House where he has a good shot at being another outstanding Speaker. Better Amy Klobuchar, maybe Newsom although he seems a little publicity conscious for my taste.
I like US Senator Mark Kelly with Amy Klobuchar or Elizabeth Warren as VP. Actually it could work either way. Maybe Warren as President and Kelly as VP. Gavin Newsome won't play nationally. Hakeem Jeffries is fabulous and would be third in line if something happened.
Sen. Warren's time to be a candidate for the Presidency has passed and she's a stabilizing influence in the Senate. Kelly would be good as VP; I have a very strong feeling that the next President of the US will be a woman and Sen. Klobuchar made a very impressive showing before Mr. Biden jumped to the fore.
"it is easy to fall victim to a cognitive bias that makes the MAGA faction appear larger than it actually is. In fact, there are way more of us than there are of them. But for gerrymandering and voter suppression, Democrats would hold a natural, permanent majority in the House."
The newsletter goes on to quote Wisconsin Republican official Robert Spindell, who wrote:
“We can be especially proud of the City of Milwaukee (80.2% Dem Vote) casting 37,000 less votes than cast in the 2018 election with the major reduction happening in the overwhelming Black and Hispanic areas.”
Spindell then goes on the describe two parts of the "multi-faceted plan" to suppress black and hispanic voters'':
- “Biting Black Radio Negative Commercials run last few weeks of the election cycle straight at Dem Candidates…
- A substantial & very effective Republican Coordinated Election Integrity program resulting with **lots of Republican paid Election Judges** & trained Observers & extremely significant continued Court Litigation.”
I added the "**" marks to highlight what jumped off the screen at me. "...Republican paid Election Judges"???? Who are these so-called judges? Who paid them? And how do we remove these corrupt judges? Shame is not enough!
Looking from afar, I think the appointment of a Special Counsel to investigate the Biden classified document issue is a good thing - regardless of whether the facts justify it and regardless of whether this delays things and keeps the news story rolling for a bit. We assume that Biden will be exonerated in the end. But most importantly, it completely takes the wind out of the GOP sails that there is an unfair treatment of Trump and that it is unheard of to investigate Presidents in this manner. And that is where the danger lies, if there seems to be credence to the claims of unfair treatment.
It is a total mess and should never have happened and totally self-inflicted and the timing is very unfortunate - but even given that, it is much better to have independent investigation.
Hi, Jules. I agree with your that the political result may be a benefit for Biden. That said, it is fundamentally unfair to be subjected to a criminal investigation when no grounds exist. But, life isn't fair and being president means that you have to put up with more than your share of unfairness.
I agree entirely about the National Archives and then DOJ attempting to quietly and voluntarily resolve the Trump situation. We didn't learn there had been over a year of finds, notifications, etc everything else done ahead of a subpoena and search of Trump properties. Over a year. And people are screaming about 2.5 months for Biden.
I read an account of Biden's last days as VP, and he was still working in a frenzy (attributed to staying busy after his son's death plus leaving DC), so as his aids were packing up his things, new classified materials were still arriving. Not everything was gone through with a fine tooth comb by the lower level staffers doing the packing (why some of the "originally found" classified documents were found in file marked "Personal" and included Beau's funeral arrangements."
After reading that, I don't think documents have been planted.
What's been interesting to learn is "this happens often" with changes in Administrations, and there's a whole process in place to ask for or retrieve documents which are often marked 'classified' & have them reviewed for "irregularities" in handling them and if further action by the DOJ is needed. Every former POTUS/VP/whomever has immediately voluntarily complied with a request for documents--except Trump, of course. No requests ever made to Biden by any US government entity or agency.
tRump and Biden are like apples and oranges--totally different from one another. Biden made mistakes. Having packed and moved many times, lots of things get mixed up and misplaced. tRump committed crimes and has really been treated with kid gloves. I am SO tired of the endless victimhood of Republicans, when they are busy making victims of women, people of color, children, LGBTQ people, anyone who appears vulnerable .
I totally agree with you but I doubt the GOP and its MAGA branch are going to change any time soon, so I think it is a good tactic to starve them of oxygen on this
Excellent comment.
But do you have to associate that awful former president with an oft beautiful part of the human body? Like the nuchal ligament (holds the head steady when a person runs) and the achilles tendon, and lack of body hair, the derriere evolved so that H. sapiens could run, which they did for hours in pursuit of prey, as Harvard's Daniel Lieberman has written. (No other primate has a derriere.)
Somewhere along the line, the derriere became a secondary sex characteristic, and one that sculptors of the human form and many members of our species find very attractive.
Thanks for the support, and the good belly laugh. Could you hear me all the way out in Colorado (land of my Hornbein ancestors and relatives, and where my mother grew up).
Janet, I'm surprised you didn't hear me. A friend in Utah phoned me to tell me not to laugh so hard, that I'd disrupted a concert he was attending!
Yup, the maternal side of my mother's family is very interesting. The paternal side is not, with one exception, a niece of my maternal grandfather's who earned a bachelor's in chemistry at 18, and later went to Paris, where in 1929 she met George Seldes, a muckraking journalist, married him, and they worked together for the rest of her life (she died around 15 years before he did). She'd been pursuing a graduate degree in chem--I don't know if she got it or not. Her father had been involved in the formulation of Ivory Soap, but after reading a book on the history of soap making, it became clear that there wasn't anything special about soaps except for the stories manufacturers spun to sell them.
Yes, it is a total mess, and self inflicted at that. And there might be a silver lining here as the appointment will, perhaps, take the "wind out of the GOP sails." Still, it does not appear to me that this was the motive for Garland's action. My first impression, and still my impression, is that he was responding to political pressure. He resisted political pressure to act decisively to investigate all of Trump's misdeeds for two years. He appoints a special counsel to investigate Biden in two months.
Heather Cox Richardson has a more positive take on this:
"The appointment of a special counsel seemed inevitable considering what Garland called “extraordinary circumstances”—likely a reference to the fact that former president Trump is being criminally investigated for his own handling of documents marked classified—and it serves to reinforce the idea that the Department of Justice treats everyone the same. This is a good thing.
"But it presents a problem for MAGA Republicans. Unable to attack Biden for having documents marked classified in his possession without also faulting Trump, Republicans have tried to suggest that Biden was being treated differently than Trump is. The appointment of a special counsel undermines that. It also takes away from House Republicans the publicity they could get by investigating the issue themselves. House Speaker Kevin McCarthy said this morning that he did not “think there needs to be a special prosecutor,” and that Congress should conduct its own investigation.
"This evening, Republicans appear to have settled on the talking point that Hur is tainted by his time at the Department of Justice under Wray—although Wray was appointed to the FBI directorship by Trump—and that his appointment is further evidence of the “political weaponization” of the FBI and the Justice Department.
Although I hesitate to disagree with HCR, I will. It is not grounds to appoint a special counsel merely because there are "extraordinary circumstances." The statute requires two things: Circumstances "warranting a criminal investigation" and either (a) a conflict or (b) exceptional circumstances. Garland skipped over the "warranting a criminal investigation" step. If you look at the order appointing Hur, there is no statement that evidence of a potential crime exists. As I acknowledge, it may turn out to be a political benefit to Biden, but I don't think we should attempt to excuse the initiation of a criminal investigation in the absence of some suggestion that a crime has been committed.
More to the point, making decisions based on their impact on the credibility and reputation of the DOJ is not a positive step. It is that type of thinking that caused Garland to delay for for more than a year before empaneling a grand jury to investigate Trump's role in January 6th.
Of course, it is possible that Garland is aware of evidence of a crime that is not yet public. But the timing exudes political expedience.
So, I acknowledge the possible political benefit for Biden--and even its possible positive impact on the DOJ's reputation. But I do not believe we should rationalize or excuse a politically motivated act by Garland. Prosecutorial decisions should be made on the evidence, however unpopular those decisions might be.
I live in Los Alamos, NM, one of 19 US communities housing a National Laboratory. In each of those labs, which focus heavily on national defense, thousands of classified documents get handled every week, but only by people with a documented “need to know”.
Employees at those facilities (which many of my friends are or have been) get extensive training on what they can see and where, the safes that must be used to put items away each day, etc., etc. They have all been through extensive background checks before they were given security clearance (which BTW come in many levels). And they all know of a few cases where some laboratory employee years ago broke the law in removing a secret document, and went to jail.
So, as best I can tell, these tens of thousands of employees are extremely aware that what Biden and Trump did was probably criminal, and that all such episodes should be immediately investigated. There’s deep resentment in communities like this that a double standard exists - one for those handling national security documents in the field, versus those doing so in D.C.
IMO, it’s important we not lose track of that frame of reference just because we support Biden as a great president. Looking at this thru a “Biden is ending up a victim of the GOP and the media” is a lens we are sick of our opponents using, and one we need to avoid grabbing ourselves.
It seems that the culture in Washington re: handling of classified documents is broken, with top politicos getting clearances but very inadequate training, and little if any accountability. Maybe (?) this will now start to change.
thanks for the background information. very helpful.
Thanks for that explanation. Although I'm now not sure what I think should have happened, it's compelling.
I do not deny that it puts Garland in a poor light again. But I was looking for the positive. I do not think that anything will be gained by Democrats crying out that the special counsel for Biden was unfair and that the facts of each case are totally different: both of which are true
Yes
"It is a total mess and should never have happened and totally self-inflicted."
I disagree. The papers appear to have been swept up in the chaos of presidential transitions. It's not as if Biden stuffed them in his drawers as he left office. I think we're at risk of falling into the Biden-is-so-inept trap. On the contrary, his strength is assembling a team that proactively identifies a problem, then wisely and aggressively goes about solving it. My bet is that were a comprehensive review of previous transition made, the same issue would arise. I think it is Jennifer Rubin who is suggesting that the LOC or a similar non-political office assume responsibility for the transition process, gathering everything and returning what isn't the government's. Wouldn't that be an unintended and positive consequence.
That sounds like an excellent idea and I am absolutely sure that this happens often with transitions, except this one is the news right now because of Trumps illegal activities with his papers
The "self inflicted" aspect of this is the Biden team's failure to deal with this immediately. Their failure to do so created an opportunity, immediately seized on by the Chaos Caucus and others of their ilk, to characterize this as a coverup. I totally understand the difficulty of a presidential transition and the chance that mistakes will be made in document retention.
HCR agrees
Rob, I do hope that you and your wonderful Managing Editor are staying safe from the storms and flooding. As a native Californian, and one who has just returned home to Northern Sacramento Valley after 30 years away, the amount of rain has been amazing, but also reminiscent of the flooding in the mid-80's when we were watching to see if the levees would hold in Sacramento. All we can do is hunker down and then prepare to help our neighbors, to the extent we're able, after the storms subside.
Thanks, Denise. We are safe, although some local boulevards have been closed intermittently due to flooding---which makes traffic almost impossible during rush hour. We sincerely appreciate your concern.
Thank you, Denise, for your gracious expression of care and concern for Robert and his family. And that you too are in California and speak wisely of the need to hunker down, and compassionately, that you're already thinking of helping your neighbors ... my goodness. I'm on the east coast, and awakening to the rain and howling winds this morning caused me to think of California, of its many people who, and places that are treasures in our lives. May all be held in safety, and may the place you all hold in our lives be your refuge.
I am reminded of the very beautiful blessing by Rabbi Sharon Brous, founder and senior rabbi of IKAR, at the mayoral inauguration of Karen Bass. It seems fitting to share here, this place of refuge, and may it be so for us all, and for all time: https://youtu.be/RBKyImuLErs
I almost always agree with you, but I think in this case that appointing the special counsel was the correct thing to do. I would like to point out, though, the effectiveness of the constant right wing noise machine in this sense: When considering who his special counsel for Trump would be, Garland has to appease the howls from Fox et al, and make sure to pick someone who can't be connected with the Biden or Obama administrations. The reverse is the case with the Biden counsel: Choose someone appointed by Trump to appease the very same people.
I hope that justice is done and Biden is shown to have been careless, but not criminal, and Trump gets what he deserves. One concern I have is that this is overshadowing the very important and really completely shocking information coming out of the Proud Boys trial. This is what the country should be focused on--how close we came to a successful violent overthrow of an American election.
Hi, Ellen. As I noted last night, there are two different aspects to the appointment. There are the political ramifications, which may be positive for Biden. But if we start appointing special counsel to "appease the howls from Fox," we have abandoned the rule of law. That is no small thing, no matter who much it benefits Biden politically in this instance. If we begin to make appointments of special counsel based on politics, the DOJ becomes an political arm of the party in power.
Nothing Garland, or Biden or for that matter any of the Dems do, will “appease” the Republicans. They will ALWAYS find something to complain about.
Yup there will be no appeasing them and I suspect they will eventually focus on the content of Robert’s comment: “But he did not tell the American people of the discovery even though Trump’s deliberate retention of documents was a major story.” as relates to the midterms. They will claim, and perhaps rightfully so, that the non disclosure was political in nature and done so as to not hurt the Dems in the midterms.
It’s also potential fodder for the Qanon Republicans to screech that the nondisclosure was/ is part of the conspiracy of the “deep state” and its underhanded ploy(s) to gain and have power and control over the American people.
The nondisclosure is a big, perhaps even a huge gaff and be used by the right wing ad naseum to discredit Dems as much as possible and for as long as possible. Keep the melodrama going for as long as possible. Equally unfortunate tfg will likely have a field day with it for as long as possible too.
Say it ain't so, Joe! Just when it seemed the president really had it together, and just when it seemed the DOJ finally was ready to make its move on Mar a Lago, things got convoluted and scattered. Truly, the documents issue is a strange one for the general public; what are the ramifications and reach of each of them? We will never know because of their secret nature.
Also, another Ponzi schemer in public office! I have to say one thing about the Republicans. Their public image has reached absurdity. They are like characters in The Night Circus.
Thank you again, Robert, for making it all understandable and for making us better citizens.
Aww, come on. The President has a couple of dozen documents marked classified, out of how many thousands that he was authorized to remove when he left office in 2017. Don’t buy into the Republican posturing (in desperation) on this.
Very interesting statistics 🤔 about the true % of Americans that the radical rednecks represents and the importance of why gerrymandering is a blight on true democracy 🤔
That's for the no jive Joe link too
It's tweetable, "A strategy of many animals when threatened is to make themselves appear larger by ostentatious displays." What a great analogy. thanks for your work.
...including humans. And it often works!
Much ‘adieu’ about nothing. Still quite a lot of inner angst among democrats who never liked Biden and feel compelled to spank. I think it’s premature to be writing his obituary. For all of the fast draw artists It is your own foot you are shooting. Think lemonade. Biden’s Folley since that is effectively what many friendlies are calling the unfortunate documents surfacing may be the mirror that reflects the stark and substantive differences between Biden and Trump. Both men stand before us clearly show casing to American voters the profound choices we have made and which man will take us where we need to go. What a perfect opportunity to lead and that leader is Joe Biden. Americans will look into this clear reflection and choose. I choose lemonade.
I posted some of this at LFAA. It also seems appropriate here. Hoping to add some perspective. Believe it or not, all news stories are not equal :)
All of this "whataboutism" will dim and fade as minor background chatter among the "Q crew. Biden is being open and forthright - following the rules as NARA requires. The documents thing is a nothing burger.
Soon there will be news eclipsing all this nonsense including the "theater" at the House of Representatives. Santos will be a joke of a memory. Jordan and company may be busted. And there is a real possibility that the GQP will lose their majority as a result.
Headline names coming soon: Jack Smith, Fanni Willis. And Letitia James may not be done. Patience will pay off. These three have "pit bull" reputations.
Trumps mental illness will lead to even more bizarre comments which will become even more damaging and self incriminating. Keep in mind that there are no "professional tenders" guarding "Don the Con". No daughter or son-in-law to protect him from himself. No credible legal team. No advisors who have the guts to influence this bag of BS. He is surrounded by third string wobbly kneed sycophants. It's a recipe for self destruction.
The continuing trials of Oath Keepers and Proud Boys will make many of the insurrectionists squirm. When it comes down to it, people will say anything to escape incarceration. Flinging blame will trend.
The Biden documents issue will take its rightful place with the "laptops" and pizza parlor non-existent basements. And Benghazi and email servers...
Today’s Edition once again proves size does matter. The data regarding the actual size of the MAGA dedicated Republicans confirmed a suspicion I have had for a long time. Add to this data of the gerrymandered congressional districts and the fact that Republicans have lost the last three presidential elections popular vote and you have to come to the conclusion that there are more of us than them and we need to act that way. Think about this another way. What are the Republicans doing from a legislative perspective that provides benefits to average everyday voters regardless of race, demographics or sexual orientation? There mantra is to tear down government institutions and government regulations resulting in no accountability for legislative Republicans. The questions we need to keep asking his “ what have Republicans delivered for the American people and do we really trust them to govern.?
As I’m sure you know, Robert, HCR has a different take on the appointment of the special counsel to investigate the maybe-classified documents found in Biden’s former office and home. I go with her on this one. For one thing, she notes that Joe, err, Kevin McCarthy said yesterday morning that a special prosecutor was not necessary and that Congress could investigate. That idea has now been headed off at the pass.
Repeating my answer from above to another reader who agrees with HCR:
Although I hesitate to disagree with HCR, I will. It is not grounds to appoint a special counsel merely because there are "extraordinary circumstances." The statute requires two things: Circumstances "warranting a criminal investigation" and either (a) a conflict or (b) exceptional circumstances. Garland skipped over the "warranting a criminal investigation" step. If you look at the order appointing Hur, there is no statement that evidence of a potential crime exists. As I acknowledge, it may turn out to be a political benefit to Biden, but I don't think we should attempt to excuse the initiation of a criminal investigation in the absence of some suggestion that a crime has been committed.
More to the point, making decisions based on their impact on the credibility and reputation of the DOJ is not a positive step. It is that type of thinking that caused Garland to delay for for more than a year before empaneling a grand jury to investigate Trump's role in January 6th.
Of course, it is possible that Garland is aware of evidence of a crime that is not yet public. But the timing exudes political expedience.
So, I acknowledge the possible political benefit for Biden--and even its possible positive impact on the DOJ's reputation. But I do not believe we should rationalize or excuse a politically motivated act by Garland. Prosecutorial decisions should be made on the evidence, however unpopular those decisions might be
What’s that old saying…something about “it’s not the mountains that get in your way, it’s the grains of sand in your shoe”. My shoes are filled. After working so hard to stave off the red wave, these latest antics by the clown car House Republicans and Biden and Garland’s missteps have made even us diehard Democrats weary. The president of my local Democrat Club is in the same boat. So, yes, we shall continue, but how the hell can we dump out all this sand?
Annette, thanks so much for your note. And thanks for fighting the good fight in Florida. I will address this point in the newsletter in the next few days. Those of us in blue states need to find a way to buttress and sustain those in red states who are trudging on despite defeat and difficult odds.
Annette, take much-needed breaks.Rinse those sandy feet in the Gulf. Thank you, for your amazing organizational skills and compassion..💙
Wear sandals
Annette - thanks for your work and please tell the Dem Club prez many thanks too. But in case someone else hasn’t mentioned it, I strongly urge you two (and your whole club) to listen to Michael Moore’s podcast “Blue Dots in a Red Sea.” The music he uses at opening and closing is an added pleasure.
Yes! I have been listening to it and also forwarded her the link already. Plan on presenting to the entire club at our next meeting on Wednesday. Thanks.
In this age of false equivalencies, I think Garland absolutely had to appoint a special counsel. Biden and his team were idiots not to have done top to bottom searches of Biden properties the day after the first whiff of purloined documents at Mar_a_Lago.
I understand that the Biden and Trump document cases are completely different. I also think Biden has done an incredible job and has a long list of accomplishments, several bipartisan. In 2024, Ds will have a LOT of great stuff to run on, and the Rs will have behaved ridiculously in '23 and '24. BUT, as someone who did lots of hiring in my professional life, I would never have considered an 82-year-old applicant for a six-year position, given that there are SO many strong candidates in waiting. The next two years will only accentuate that issue more. I personally think voters are ready for a post-Trump AND post-Biden landscape, and this unfortunate mishandle provides an opportunity to celebrate and honor Biden for his amazing contributions to our democracy and to encourage him to not run but rather focus on critical work these next two years, which includes making space for future leaders.
In case we forgot, Donald Trump is also an old man. He rides a golf cart. Joe Biden rides a bicycle, and if he falls off, he gets back on. (I didn’t mean metaphorically, but the metaphor works.) The Republicans who believe Biden has dementia haven‘t heard anything but short clips of his speeches selected by their favorite news outlets. But I agree about hiring an 82-yr-old for a four-year job critical to our country’s future.
California Senator Feinstein in her 90s hasn’t said she won’t run again in two years. But at least four excellent Democrats are interested in her seat, and Katie Porter (of the whiteboard) has announced she is running. Democrats can field a great successor to Joe Biden, whether after one term or two.
I think Joe knew how important the mid-terms would be, and he wasn’t going to spoil Democrats’ chances, even if criticism rained down, which he knew it would.
From the cesspool of Santos,
To the missteps of Biden,
The Press and GOP wonder,
What else could be hidin'.
The pendulum swing
To the GOP Right,
Provides our whole Nation.
Another messy food fight.
With McCarthy in charge
Of what comes to the Floor,
This next two years
Will be hardly a snore.
But in there we hang,
We who believe in the Middle,
These pendulum swings
Are surely to settle.
But 'til they do,
We've reason for concern,
Just how much of the parchment,
Our Constitution will burn.
Following another track and issue arising from the Biden classified documents issues, you might want to read my Harold's Newsletter published on January 12, 2023 on reasons why Biden should announce that he will not be a candidate for re-election for a number of reasons: his age and age of 86 at the end of another 4-year term, the Biden classified documents matter, and the need to recruit able and younger Democratic candidates to run for the presidential nomination. See: haroldrberk.substack.com
I totally agree with you. Biden was never my first choice. Harris should just go back to California. She’s very weak. Garland is a disaster. There are more. It’s a long list of government dysfunction. I will check out your newsletter.
Kamala Harris was a better senator than she is VP. She has sort of disappeared off the radar. How about Gavin Newsome or Hakeem Jeffries?
How about Adam Schiff if Katie Porter runs for Dianne Feinstein’s senate seat. Tim Ryan. So many great possibilities. Also, on the 10% MAGA GOP: Never underestimate the Federalist Society with its wholly undemocratic power strategies and dark money support.
It's also important not to overestimate them. The key is an accurate assessment of one's opponent's strengths and weaknesses in order to plan an effective strategy.
We need Jeffries in the House where he has a good shot at being another outstanding Speaker. Better Amy Klobuchar, maybe Newsom although he seems a little publicity conscious for my taste.
I like US Senator Mark Kelly with Amy Klobuchar or Elizabeth Warren as VP. Actually it could work either way. Maybe Warren as President and Kelly as VP. Gavin Newsome won't play nationally. Hakeem Jeffries is fabulous and would be third in line if something happened.
Sen. Warren's time to be a candidate for the Presidency has passed and she's a stabilizing influence in the Senate. Kelly would be good as VP; I have a very strong feeling that the next President of the US will be a woman and Sen. Klobuchar made a very impressive showing before Mr. Biden jumped to the fore.
Klobuchar - Kelly. Great either way.
"it is easy to fall victim to a cognitive bias that makes the MAGA faction appear larger than it actually is. In fact, there are way more of us than there are of them. But for gerrymandering and voter suppression, Democrats would hold a natural, permanent majority in the House."
Following your train of thought, Robert, here is today's headline from Charlie Sykes' Bulwark+: "Suppressing the Black Vote. And Bragging About It." (https://morningshots.thebulwark.com/p/suppressing-the-black-vote-and-bragging?utm_source=post-email-title&publication_id=87272&post_id=96333195&isFreemail=false&utm_medium=email)
The newsletter goes on to quote Wisconsin Republican official Robert Spindell, who wrote:
“We can be especially proud of the City of Milwaukee (80.2% Dem Vote) casting 37,000 less votes than cast in the 2018 election with the major reduction happening in the overwhelming Black and Hispanic areas.”
Spindell then goes on the describe two parts of the "multi-faceted plan" to suppress black and hispanic voters'':
- “Biting Black Radio Negative Commercials run last few weeks of the election cycle straight at Dem Candidates…
- A substantial & very effective Republican Coordinated Election Integrity program resulting with **lots of Republican paid Election Judges** & trained Observers & extremely significant continued Court Litigation.”
I added the "**" marks to highlight what jumped off the screen at me. "...Republican paid Election Judges"???? Who are these so-called judges? Who paid them? And how do we remove these corrupt judges? Shame is not enough!
https://morningshots.thebulwark.com/p/suppressing-the-black-vote-and-bragging?utm_source=post-email-title&publication_id=87272&post_id=96333195&isFreemail=false&utm_medium=email
Spindell deserves a lot more media attention. Who does select and pay election judges, anyway, under normal circumstances?