FBI planning FF to duck and weave from their crimes

24 Aug, 2022 16:26

US security agencies warn more racist attacks coming

The FBI and DHS told the police the Buffalo shooter’s manifesto may inspire copycat attacks

Law enforcement should be prepared for racially-motivated violence inspired by the writings of the Buffalo supermarket shooter, the FBI, Department of Homeland Security, and National Counterterrorism Center warned in a memo circulated on Wednesday.

The authorities warned that potential mass shooters may be motivated to commit “copycat” massacres if they come across the manifesto and diary of Payton Gendron, the 19-year-old gunman who killed ten people and wounded three at a Tops Supermarket in a black neighborhood of Buffalo, New York in what he claimed in his writings was an effort to kill as many black people as possible.

The manifesto and diary, which together run over 850 pages and were shared by the shooter on an invite-only Discord server half an hour before the attack, were “intended to serve as a manual for future attackers,” the agents wrote, suggesting the writings will “likely enhance the capabilities of potential mass casualty shooters who may be inspired by this attack” and could even inspire violent extremism “across borders.” Gendron himself was inspired by Christchurch shooter Brenton Tarrant, who similarly posted a lengthy manifesto online before live-streaming his attack on two mosques in the New Zealand city.

Authorities should keep an eye out for anyone circulating the manifesto online, especially in forums used to discuss extremism or violence, and monitor anyone making “unusual” purchases of military-type gear.

Police should especially keep an eye out for potential “lone offenders,” who are more likely to be motivated by detailed descriptions of tactics, techniques, and gear that can be successfully wielded by one man. The FBI, which has designated white supremacy the top domestic terror threat, earlier this year published a guide to identifying “ideologically-motivated US based violent extremists” before they strike.

https://www.rt.com/news/561482-fbi-warns-buffalo-shooter-copycats/

But black crime on whites never happens

24 Aug, 2022 17:25

Russian troops detain ‘spies’ at Europe’s largest nuclear power station

Two workers at the Zaporozhye plant have been providing information to Ukraine’s forces, the Russian National Guard has said

Russian forces have detained two employees of the Zaporozhye Nuclear Power Plant in southern Ukraine, whohave been providing information on troops and hardware locations to Kiev’s forces, the Russian National Guard (Rosgvardiya) said on Wednesday.

“Apart from that, a violator of access control [to the plant], an accomplice of the Armed Forces of Ukraine, who transmitted the coordinates of the movement of columns of Russian military hardware, has been detained,” they added.

After seizing control of the power station on March 4, Russian forces have detained 26 violators of access control to the plant – the largest nuclear power plant in Europe, the National Guard revealed. The facility continues to operate with local staff, while Russian troops patrol the premises and check for explosive devices and unexploded munitions, the National Guard said.

They noted that “Specialists of the nuclear, biological and chemical defense of the National Guard, together with colleagues from the Ministry of Defense, daily, several times a day, monitor the situation by measuring radiation levels at control points along the perimeter of the facility.”

In recent weeks, the nuclear power plant and the nearby city of Energodar have been repeatedly shelled by Kiev’s forces. The attacks damaged multiple buildings on the premises of the plant, causing fires and power outages, according to the Russian Defense Ministry.

Moscow has warned that the continuing attacks could ultimately render the power plant inoperable and might even result in a major disaster similar to the one in Chernobyl in 1986. Kiev and some Western officials, however, have accused Russia of shelling the plant, despite the fact that it is controlled by Russia’s own troops.

https://www.rt.com/russia/561487-nuclear-power-plant-spies/

24 Aug, 2022 15:47

Man diagnosed with HIV, Covid-19, and monkeypox all at once – report

According to the Journal of Infection, this is the first known case in which the three viral diseases concurred in one individual

An Italian man has been diagnosed with HIV, Covid-19, and monkeypox simultaneously – the first known case of the concurrence of these three viral diseases, the Journal of Infection has reported.

According to an article published by the medical outlet last Friday, the 36-year-old male spent five days in Spain in June this year, developing a fever accompanied by a sore throat, fatigue, and a headache nine days later. A subsequent test yielded a positive result for Covid-19. To make matters worse, a rash appeared on the patient’s left arm soon thereafter, with small, painful vesicles spreading across the man’s body in the following days.

The man sought medical help and was hospitalized in an infectious diseases unit. The patient told doctors that he had had “condomless intercourse with men” during his sojourn in Spain.

Taking into account the appearance of pustules indicative of monkeypox, samples of the liquid contained in the vesicles were sent to be tested for the virus and came back positive as well.

Subsequent tests were carried out to check if the individual was infected with viral hepatitis, herpes simplex, gonorrhea, chlamydia, and lymphogranuloma venereum. None of these sexually transmitted diseases were identified. However, an HIV-1 test did come back positive.

Despite the combination of the dangerous diseases, the treatment administered by Italian doctors saw the patient recover relatively quickly, with visible signs of monkeypox disappearing almost completely within ten days.

The doctors noted that, given the scarcity of evidence, it is hard to tell at this point if this combination of viruses necessarily aggravates a patient’s condition.

The article points out that, given the rapid spread of monkeypox and the continuing Covid-19 pandemic, doctors worldwide should be aware of how the symptoms of these two diseases can overlap and co-exist. The authors also stressed that medical professionals should take note of a patient’s “sexual habits” and travel history. If someone tests positive for monkeypox, a complete screening for other sexually transmitted infections is recommended, the piece concludes.

https://www.rt.com/news/561469-simultaneous-monkeypox-covid-hiv-case/

Kekkity

24 Aug, 2022 15:28

Boris Johnson visits Kiev as UK donates more weapons

The outgoing PM urged President Zelensky not to seek peace

UK Prime Minister Boris Johnson arrived in Kiev on Wednesday, marking Ukraine’s Independence Day with his third visit to the city since the start of Russia’s military campaign in February. Urging Ukrainian President Vladimir Zelensky to ignore calls for negotiations, Johnson outlined a new $63 million arms shipment for his military.

After a press tour through the streets of Kiev, Johnson appeared in a joint news conference with Zelensky, in which he urged the Ukrainian leader not to “advance some flimsy plan for negotiation” with Russia. While it is unclear which specific plan Johnson was referring to, British officials have publicly called on Kiev not to enter talks with Moscow on numerous occasions since Russia sent its troops into Ukraine in February.

“The United Kingdom is with you and will be with you for the days and months ahead, and you can and will win,” Johnson told Zelensky.

Johnson also used his appearance in Kiev to announce a new package of military aid to Ukraine worth £54 million ($63 million). According to a Downing Street press release, the package will include loitering munitions – commonly known as suicide drones – and 850 Black Hornet micro-drones – helicopters around the size of a mobile phone which feed back video and still images to their operators.

In total, the UK has given Ukraine more than £2.3 billion ($2.7 billion) in military aid since February, and is currently training Ukrainian military recruits on British soil. The training program was announced by the UK last month, shortly after Zelensky admitted that his military was losing between 100 and 200 soldiers per day, not counting those wounded, on a battlefield described by the Ukrainian president as “hell.”

August 24 marks six months since Russia’s military operation in Ukraine began, and 31 years since Ukraine declared independence from the Soviet Union. In Washington, US President Joe Biden used the day to announce a new arms package worth nearly $3 billion, the largest US weapons tranche for Ukraine to date.

For Johnson, the trip to Kiev will be his last as prime minister. Johnson will leave office in two weeks, after resigning in July amid multiple scandals. Pending the outcome of a Conservative Party ballot, he will be replaced by either Foreign Secretary Liz Truss – a hardline opponent of Russia who has promised to be Ukraine’s “greatest friend” – or former Chancellor Rishi Sunak, who similarly promised Kiev that the UK will “remain your strongest ally.”

https://www.rt.com/russia/561478-boris-johnson-visit-kiev-ukraine/

Man these people are desperate to destroy Ukraine, they are not even close to winning, they’ve already lost. There must be some very dark secrets on Ukraine for world leaders to command them to keep fighting. They really want Russia to blow it up, otherwise they will.

Nolte: Only 32 Percent Trust the Political Media

John Nolte24 Aug 2022

Only 32 percent of the public believe and trust the political media, according to a new poll from Rasmussen Reports.

All the numbers are bad for the political media, and I do mean all of them.

A majority of 52 percent do not trust the political media.

Only 55 percent of Democrats trust the political media, which is pretty low considering 99 percent of the political media is left-wing.

Only 18 percent of Republicans trust the political media, which is pretty close to “other” or Independents, of whom only 21 percent say they trust the political media.

A whopping 82 percent of those polled say “fake news” is a serious problem. Nearly two-thirds, 62 percent, say “very serious,” while 20 percent say “somewhat serious.”

Only 14 percent say the bias problem is “not very” (10 percent) or “not at all” serious (4 percent).

When asked if the bias problem in the overall news media is getting better or worse, 62 percent said worse, while only ten percent said better. Forty-four percent of Democrats said “worse,” while only 19 percent said “better.” Only 6 percent of Republicans said “better,” while 63 percent said “worse.” Only five percent of Independents said “better,” while 68 percent said “worse.”

I love how “other” or Independents have a worse opinion of the media than even Republicans.

Regarding the recent FBI raid on former President Trump’s Florida home, 44 percent do not trust the news they are receiving, while only 42 percent do. The partisan breakdown is about what you’d expect. Sixty-eight percent of Democrats trust the Trump raid news, while only 20 percent do not. Only 19 percent of Republicans trust it, while 70 percent don’t. Among Indies, 36 percent trust, while 46 percent do not.

These are, in my opinion, very healthy numbers and gratifying to see.

America’s corporate media is a sick and corrupt institution that deserves no respect, no trust, and only our contempt. These degenerate liars cannot sway or manipulate public opinion with numbers like this. That’s a big victory for the good guys. We’ll never put these Nazis out of business, but we can ensure they no longer have the credibility or influence to shape our elections.

The Russia Collison Hoax, the Very Fine People Hoax, countless race hoaxes, the Climate Change Hoax, the Jussie Smollett Hoax, the ‘Hands Up, Don’t Shoot’ Hoax, the University of Virginia Rape Hoax … it’s just one lie after another after another from the political media.

You’d have to be an idiot to trust these monsters.

https://www.breitbart.com/the-media/2022/08/24/nolte-only-32-percent-trust-political-media/

Nolte: Rayshard Brooks Decision Proves Election-Denier Stacey Abrams Is Unfit to Govern

John Nolte24 Aug 2022

In her own sick and twisted mind, election-denier Stacey Abrams is the sitting governor of Georgia, and the decision released Tuesday clearing two police officers in the 2020 shooting death of Rayshard Brooks once again proves Abrams is unfit to govern.

Without knowing all the facts, in June of 2020, Abrams got on TV and declared the police shooting of Brooks a straight-up murder.

Those were her words: “It was a murder.”

The police were called to a Wendy’s parking lot on a Friday night in June of 2020 because Brooks was asleep in his car. After interviewing Brooks for about 30 minutes, the officers concluded he was under the influence and attempted to arrest him. Brooks fought back and— per this two-year investigation — grabbed one of the officer’s taser weapons and FIRED IT AT THEM. So, of course, one of the officer’s fired back in what is, of course, a justified shooting.

This is how stupid and dangerous Abrams is:

This is a man who had been frisked, so they knew he did not possess a deadly weapon. They knew that he was impaired because he had parked in that driveway, and they knew when he ran away that he did not pose a danger that was a deadly force incentive. The decision to shoot him in the back was one made out of maybe impatience or frustration or panic, but it was not one that justifies deadly force. It was murder.”

You might read that and think, at the time, Governor-In-Her-Own-Mind Abrams didn’t know about the taser. Except she did know, and here’s how she spun that:

Any time we’re attempting to justify the murder of a man because he had — number one because he embarrassed the police by taking their taser, and two, because he was running on foot, that we decide that it is worth killing him — every moment of justification is a moment of dehumanization. That’s the problem. And let’s not get distracted. The distraction that happens is that we try to find reasons that murder is acceptable when a black man or a black woman is the victim, and that should not happen.

She’s arguing they shot Brooks out of embarrassment.

Remember that Abrams said this on Monday, and that by Monday, the terrorists in Black Lives Matter had already shown up and burned down that Wendy’s.

So here’s Abrams, fanning the riot flames in her own state and in the predominantly black city of Atlanta. Man alive, there is nothing leftists like Stacey Abrams love more than to see black neighborhoods go up in flames.

And now — after two years of living through hell and seeing their parents fired and blacklisted — these two officers are 100 percent cleared, placed back on active duty, and still, Stacey Abrams won’t apologize. In fact, she’s doubling down.

After the officers were cleared, she tweeted: “Accountability is an essential component for community trust and public safety — a component that is in question today.”

In question.

She added: “Deescalation, co-responders, and transparency must become the expected standards.”

Deescalation. These officers spent 30 minutes talking to Brooks before attempting to arrest him.

https://www.breitbart.com/politics/2022/08/24/nolte-rayshard-brooks-decision-proves-election-denier-stacey-abrams-is-unfit-govern/

Please God have Abrams arrested or eliminated before she can steal GA

Lockdown Forever: German Govt Approves Covid Rules, Mask Mandates for Autumn and Winter

Breitbart London24 Aug 2022

(Germany never really gave up being Nazis, they just went undercover)

BERLIN (AP) – German Chancellor Olaf Scholz’s Cabinet approved legislation Wednesday that ensures basic protective measures against the coronavirus pandemic are continued during the fall and winter when more virus cases are expected.

The presentation of the rules – which also include the new obligation to wear N95-type face masks during all long-distance travel by train and bus as well as on planes – coincided with the publication of photos showing the chancellor and German Economy Minister Robert Habeck flying to Canada earlier this week without wearing masks.

The pictures triggered strong public criticism of an alleged double standard for politicians and regular people. Currently, medical face masks are mandatory on planes and public transport though N95-style masks are recommended.

Justice Minister Marco Buschmann and Health Minister Karl Lauterbach told reporters that the specific pandemic rules that apply to the German air force, which operates government flights, were met and that everyone on the flight, which also included German business leaders and reporters, took a PCR test before boarding the plane.

Still, the justice minister conceded that “politically, I would recommend to us as a federal government that we apply the same rules everywhere that apply elsewhere.”

“Because otherwise, of course, the feeling arises that you’re willing to impose something on the citizens that you don’t want to impose on yourself,” Buschmann added. “And that’s why I can also understand to some extent that there´s so much talk about it.”

In addition to the mandatory use of N95-type masks during long-distance travel, the new measures, which will apply from Oct. 1 to April 7, will also include a nationwide obligation to wear masks in and test before accessing hospitals, nursing homes and similar institutions with vulnerable people.

Beyond that, Germany’s 16 states will have the authority to adopt their own rules depending on how severely the virus affects their areas. State governments could decide to require masks on local public transportation, in schools for students in the fifth grade and up, and at public indoor events. If the virus spreads widely again, the number of people at public events can be limited and testing can be demanded.

The justice minister stressed that there would be no more lockdowns or school closures no matter how the pandemic develops during cold-weather seasons.

“Students were certainly the group that suffered the most in the pandemic … especially in terms of exercising their right to education, especially in terms of school closures,” Buschmann said. “And that´s why I’m also glad that we were able to quickly agree that the instrument of school closures is therefore completely disproportionate.”

The new regulations still need to go to Germany’s lower and upper house of parliament for approval, but they are expected to pass.

https://www.breitbart.com/europe/2022/08/24/lockdown-forever-german-govt-approves-covid-rules-mask-requirements-for-autumn-and-winter/

Russia Hoaxer, Impeachment Counsel, Levi Strauss Heir Dan Goldman Wins NY-10 Primary

Joel B. Pollak23 Aug 2022

Daniel S. Goldman, the Russia “collusion” hoaxer, anti-Trump impeachment counsel, and heir to the Levi Strauss fortune, won a crowded Democratic primary in New York’s 10th congressional district on Tuesday after vastly outspending his rivals.

Goldman, a former federal prosecutor and MSNBC contributor, was a prominent spreader of the false allegation that President Donald Trump had colluded with Russia, even endorsing the theory that a so-called “pee tape” existed and would surface.

During the first failed impeachment attempt of President Trump in 2019-2020, Goldman served as a key henchman for Rep. Adam Schiff (D-CA), interrogating witnesses behind closed doors as counsel for the House Intelligence Committee.

When Schiff refused to appear before the House Judiciary Committee to defend his committee’s impeachment report, he sent Goldman in his stead. Goldman, who was testy and obstreperous, evaded questions about why the committee’s report included information about the private telephone calls of President Trump’s lawyers and members of the opposition on the committee.

Goldman announced a run for New York Attorney General, then backed away after incumbent Letitia James decided to run for re-election. He entered the crowded primary for the redrawn 10th district, using his fortune and profile to beat politicians with lengthy resumés, including former New York City mayor Bill de Blasio and current Rep. Mondaire Jones (D-NY).

He managed to snag the endorsement of the New York Times, among other influential outlets. He won the lower Manhattan portion of the district, according to the Times, though lost to rival Yuh-Line Niou in the Brooklyn portion of the district.

In a party that has moved to the far-left, Goldman tried to portray himself as a friend to law enforcement — after backing radical left-wing Manhattan District Attorney Alvin Bragg, hosting a fundraiser for him last year and donating to him.

The well-coiffed, bespoke-suited and stern-faced Goldman is likely to win in November, and would become one of the richest members of Congress, with a personal fortune estimated to reach up to $250 million, according to Bloomberg News.

https://www.breitbart.com/politics/2022/08/23/russia-hoaxer-impeachment-counsel-levi-strauss-heir-dan-goldman-wins-ny-10-primary/

Businesswoman Tina Forte wins NY GOP House, faces AOC in November

Updated: August 24, 2022 - 10:52am

New York businesswoman Tina Forte on Tuesday night won the Republican nomination for House city in the state's 14th Congressional District, according to the Associated Press.

Forte will now face incumbent Democrat Rep. Alexandria Ocasio-Cortez.

https://justthenews.com/politics-policy/elections/businesswoman-tina-forte-wins-ny-gop-house-faces-aoc-november

For all you drooling anons, AOC has never been “our girl”

Texas judge blocks Biden admin attempt to require ERs provide emergency abortions, over state ban

Updated: August 24, 2022 - 2:48pm

A federal judge in Texas late Tuesday blocked the Biden administration from enforcing new guidance in the state requiring hospitals to provide emergency abortions to women regardless of the's state bans on the procedure.

https://justthenews.com/government/courts-law/texas-judge-blocks-biden-admin-attempt-require-ers-provide-emergency#digital-diary

Statement of John Solomon regarding Daily Beast smear of my coverage of Archives memo

The Daily Beast, where I once worked, has provided a fresh example of the failing state of American journalism. The site's media reporter is under the illusion I wrote a story to try to help a particular politician. That may be the standard at The Daily Beast today, but it is not my standard.

I wrote the story because it was accurate, true and important to the public. I know it was news because every major news organization followed my reporting, with many crediting Just the News. The Archives agreed to release the memo as a result. I appreciate that gesture enabling other reporters to see what we wrote was true, accurate and important.

Secondly, this reporter seems to be under the illusion that the Archives letter was the first time America learned TS-CI secrets were found in Mar-a-Lago. In fact, that information had been made public in an Aug. 13 letter from Reps. Adam Schiff and Carolyn Maloney. You can read that here:

2022-08-13.CBM Schiff to Haines-DNI re Damage Assessment.pdf

Finally, before The Daily Beast presumes to judge my accurate, award-winning journalism, maybe they should put a mirror to their own record of reporting, like this doozy from December 2018.

The Daily Beast actually claimed Robert Mueller found Russia-Trump collusion. Those who read Just the News know Mueller found: "The investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.

MuellerFinalReportVolume1.pdf

If you think this sort of dishonest journalism has no place inside The Daily Beast, let Editor Tracy Connor know.

https://justthenews.com/accountability/media/statement-john-solomon-regarding-daily-beast-smear-my-coverage-archives-memo

Pro-life activist in Kansas sues for recount in recent election

An anti-abortion activist filed a lawsuit Tuesday in Kansas requesting a hand recount of all ballots cast earlier this month on a failed ballot initiative to remove abortion rights from the state’s constitution.

Activist Mark Gietzen is representing himself in the lawsuit, according to the Associated Press. His suit follows a recently concluded, nine-county hand recount in which fewer than 100 out of roughly 500,000 changed.

The Aug. 2 ballot initiative failed by about 165,000 votes statewide.

"Kansans should be confident that these results put to rest the unfounded claims of election fraud in our state and know that our elections are secure and that their vote counted,” said Republican Secretary of State Scott Schwab.

https://justthenews.com/government/courts-law/pro-life-activist-kansas-sues-recount-recent-election

Good, fight back!

Rep. Scott Perry sues DOJ to block access to his phone contents after FBI seizure

GOP Rep. Scott Perry is suing the Justice Department in an attempt to block the agency from accessing the contents of his cellphone that the FBI seized a day after its Mar-a-Lago raid.

The FBI seized Perry's phone while he was on vacation with his family in New Jersey on Aug. 9 and copied its contents before giving it back to him.

FBI agents on Aug. 8 raided former President Trump's Mar-a-Lago home, in Florida, to take disputed Trump White House documents.

The warrant for the seizure of Perry's phone is part of a broader investigation into efforts in Pennsylvania to contest the November 2020 election results or consider alternate electors that could be offered at the Capitol on Jan. 6.

The contents of Perry's phone were given to the DOJ inspector general, who is leading the investigation. According to Perry's lawsuit, the department is in the process of obtaining another warrant to review the contents of his phone, Politico reported.

Perry says he and his lawyer worked to negotiate a solution outside of litigation with the DOJ.

The department proposed that Perry's attorneys and the its investigators review the congressman's phone together and determine potential privilege issues.

However, Perry says the department required that he waive his immunity under the Constitution’s speech and debate clause, which he declined.

Perry argues that his phone's content is protected by attorney-client privilege, marital privilege and a provision by the Constitution that limits legal action taken against members of Congress with regard to their official duties.

The lawsuit was filed in Washington, D.C., federal court last week but only publicly docketed Tuesday. The case has been assigned to Judge Jia Cobb, who was appointed by Democrat President Joe Biden.

https://justthenews.com/government/courts-law/rep-scott-perry-sues-doj-block-access-his-phone-contents-after-fbi-seizure

U.S. Postal Service worker dead in Florida after attack by multiple dogs

A U.S. Postal Service worker is dead in Florida after a group of dogs inflicted her with fatal injuries, local law enforcement said Wednesday.

Pamela Rock "died Monday evening at around 7:30 p.m.," the Putnam County Sheriff's Office said in a Wednesday statement.

Witnesses to the attack "heard a woman scream for help and when they went outside they saw [Rock] on the ground with five dogs attacking," the sheriff's office said in the statement.

"Witnesses said several neighbors rushed to help by attempting to pull the dogs off and one neighbor shot a rifle into the ground to scare the animals," the statement continues. Responding deputies provided first aid before Rock was transported to a local hospital; she "remained in critical condition until her death," the sheriff's office said.

The office said that local authorities have been called about the dogs in the past. It is unclear if charges are pending against the owner of the dogs.

"At this time we are unable to release details as it is part of our current investigation," the statement said.

https://justthenews.com/nation/us-postal-service-worker-dead-florida-after-attack-multiple-dogs

Full text of National Archives letter to Trump on classified documents

Part 1 of 3

Just the News has obtained the full text of the letter that the National Archives sent to former President Donald Trump requesting classified documents.

May 10, 2022

Evan Corcoran Silverman Thompson 400 East Pratt Street Suite 900

Baltimore, MD 21202 By Email

Dear Mr. Corcoran:

I write in response to your letters of April 29, 2022, and May 1, 2022, requesting that the National Archives and Records Administration (NARA) further delay the disclosure to the Federal Bureau of Investigation (FBI) of the records that were the subject of our April 12, 2022 notification to an authorized representative of former President Trump.

As you are no doubt aware, NARA had ongoing communications with the former President’s representatives throughout 2021 about what appeared to be missing Presidential records, which resulted in the transfer of 15 boxes of records to NARA in January 2022. In its initial review of materials within those boxes, NARA identified items marked as classified national security information, up to the level of Top Secret and including Sensitive Compartmented Information and Special Access Program materials. NARA informed the Department of Justice about that discovery, which prompted the Department to ask the President to request that NARA provide the FBI with access to the boxes at issue so that the FBI and others in the Intelligence Community could examine them. On April 11, 2022, the White House Counsel’s Office—affirming a request from the Department of Justice supported by an FBI letterhead memorandum—formally transmitted a request that NARA provide the FBI access to the 15 boxes for its review within seven days, with the possibility that the FBI might request copies of specific documents following its review of the boxes.

Although the Presidential Records Act (PRA) generally restricts access to Presidential records in NARA’s custody for several years after the conclusion of a President’s tenure in office, the statute further provides that, “subject to any rights, defenses, or privileges which the United States or any agency or person may invoke,” such records “shall be made available . . . to an incumbent President if such records contain information that is needed for the conduct of current business of the incumbent President’s office and that is not otherwise available.” 44 U.S.C. §

2205(2)(B). Those conditions are satisfied here. As the Department of Justice’s National Security Division explained to you on April 29, 2022:

There are important national security interests in the FBI and others in the Intelligence Community getting access to these materials. According to NARA, among the materials in the boxes are over 100 documents with classification markings, comprising more than 700 pages. Some include the highest levels of classification, including Special Access Program (SAP) materials. Access to the materials is not only necessary for purposes of our ongoing criminal investigation, but the Executive Branch must also 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. Accordingly, we are seeking immediate access to these materials so as to facilitate the necessary assessments that need to be conducted within the Executive Branch.

We advised you in writing on April 12 that, “in light of the urgency of this request,” we planned to “provid[e] access to the FBI next week,” i.e., the week of April 18. See Exec. Order No. 13,489, § 2(b), 74 Fed. Reg. 4,669 (Jan. 21, 2009) (providing a 30-day default before disclosure but authorizing the Archivist to specify “a shorter period of time” if “required under the circumstances”); accord 36 C.F.R. § 1270.44(g) (“The Archivist may adjust any time period or deadline under this subpart, as appropriate, to accommodate records requested under this section.”). In response to a request from another representative of the former President, the White House Counsel’s Office acquiesced in an extension of the production date to April 29, and so advised NARA. In accord with that agreement, we had not yet provided the FBI with access to the records when we received your letter on April 29, and we have continued to refrain from providing such access to date.

https://justthenews.com/government/courts-law/full-text-national-archives-letter-trump-classified-documents

>>17437173

Full text of National Archives letter…

Part 2 of 3

It has now been four weeks since we first informed you of our intent to provide the FBI access to the boxes so that it and others in the Intelligence Community can conduct their reviews. Notwithstanding the urgency conveyed by the Department of Justice and the reasonable extension afforded to the former President, your April 29 letter asks for additional time for you to review the materials in the boxes “in order to ascertain whether any specific document is subject to privilege,” and then to consult with the former President “so that he may personally make any decision to assert a claim of constitutionally based privilege.” Your April 29 letter further states that in the event we do not afford you further time to review the records before NARA discloses them in response to the request, we should consider your letter to be “a protective assertion of executive privilege made by counsel for the former President.”

The Counsel to the President has informed me that, in light of the particular circumstances presented here, President Biden defers to my determination, in consultation with the Assistant Attorney General for the Office of Legal Counsel, regarding whether or not I should uphold the former President’s purported “protective assertion of executive privilege.” See 36 C.F.R. § 1270.44(f)(3). Accordingly, I have consulted with the Assistant Attorney General for the Office of Legal Counsel to inform my “determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege.” Exec. Order No. 13,489, § 4(a).

The Assistant Attorney General has advised me that there is no precedent for an assertion of executive privilege by a former President against an incumbent President to prevent the latter from obtaining from NARA Presidential records belonging to the Federal Government where “such records contain information that is needed for the conduct of current business of the incumbent President’s office and that is not otherwise available.” 44 U.S.C. § 2205(2)(B).

To the contrary, the Supreme Court’s decision in Nixon v. Administrator of General Services, 433 U.S. 425 (1977), strongly suggests that a former President may not successfully assert executive privilege “against the very Executive Branch in whose name the privilege is invoked.” Id. at 447-48. In Nixon v. GSA, the Court rejected former President Nixon’s argument that a statute requiring that Presidential records from his term in office be maintained in the custody of, and screened by, NARA’s predecessor agency—a “very limited intrusion by personnel in the Executive Branch sensitive to executive concerns”—would “impermissibly interfere with candid communication of views by Presidential advisers.” Id. at 451; see also id. at 455 (rejecting the claim). The Court specifically noted that an “incumbent President should not be dependent on happenstance or the whim of a prior President when he seeks access to records of past decisions that define or channel current governmental obligations.” Id. at 452; see also id. at 441-46 (emphasizing, in the course of rejecting a separation-of-powers challenge to a provision of a federal statute governing the disposition of former President Nixon’s tape recordings, papers, and other historical materials “within the Executive Branch,” where the “employees of that branch [would] have access to the materials only ‘for lawful Government use,’” that “[t]he Executive Branch remains in full control of the Presidential materials, and the Act facially is designed to ensure that the materials can be released only when release is not barred by some applicable privilege inherent in that branch”; and concluding that “nothing contained in the Act renders it unduly disruptive of the Executive Branch”).

https://justthenews.com/government/courts-law/full-text-national-archives-letter-trump-classified-documents

>>17437176

Full text of National Archives letter…

Part 3 of 3

It is not necessary that I decide whether there might be any circumstances in which a former President could successfully assert a claim of executive privilege to prevent an Executive Branch agency from having access to Presidential records for the performance of valid executive functions. The question in this case is not a close one. The Executive Branch here is seeking access to records belonging to, and in the custody of, the Federal Government itself, not only in order to investigate whether those records were handled in an unlawful manner but also, as the National Security Division explained, 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.” These reviews will be conducted by current government personnel who, like the archival officials in Nixon v. GSA, are “sensitive to executive concerns.” Id. at 451. And on the other side of the balance, there is no reason to believe such reviews could “adversely affect the ability of future Presidents to obtain the candid advice necessary for effective decisionmaking.” Id. at 450. To the contrary: Ensuring that classified information is appropriately protected, and taking any necessary remedial action if it was not, are steps essential to preserving the ability of future Presidents to “receive the full and frank submissions of facts and opinions upon which effective discharge of [their] duties depends.” Id. at 449.

Because an assertion of executive privilege against the incumbent President under these circumstances would not be viable, it follows that there is no basis for the former President to make a “protective assertion of executive privilege,” which the Assistant Attorney General informs me has never been made outside the context of a congressional demand for information from the Executive Branch. Even assuming for the sake of argument that a former President may under some circumstances make such a “protective assertion of executive privilege” to preclude the Archivist from complying with a disclosure otherwise prescribed by 44 U.S.C. § 2205(2), there is no predicate for such a “protective” assertion here, where there is no realistic basis that the requested delay would result in a viable assertion of executive privilege against the incumbent President that would prevent disclosure of records for the purposes of the reviews described above. Accordingly, the only end that would be served by upholding the “protective” assertion here would be to delay those very important reviews.

I have therefore decided not to honor the former President’s “protective” claim of privilege. See Exec. Order No. 13,489, § 4(a); see also 36 C.F.R. 1270.44(f)(3) (providing that unless the incumbent President “uphold[s]” the claim asserted by the former President, “the Archivist discloses the Presidential record”). For the same reasons, I have concluded that there is no reason to grant your request for a further delay before the FBI and others in the Intelligence Community begin their reviews. Accordingly, NARA will provide the FBI access to the records in question , as requested by the incumbent President, beginning as early as Thursday, May 12, 2022.

Please note that, in accordance with the PRA, 44 U.S.C. § 2205(3), the former President’s designated representatives can review the records, subject to obtaining the appropriate level of security clearance. Please contact my General Counsel, Gary M. Stern, if you would like to discuss the details of such a review, such as you proposed in your letter of May 5, 2022, particularly with respect to any unclassified materials.

Sincerely,

DEBRA STEIDEL WALL

Acting Archivist of the United States

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