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Trump's legal gambits offer fresh revelations and deepen his political risk – CNN

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(CNN)Donald Trump’s scattershot defense in the weeks since FBI agents descended on his Mar-a-Lago resort has only exposed the depth of the mess he faces over his refusal to return classified documents that led to an unprecedented search of an ex-president’s home.

Happening Today
  • 1 p.m. ET: Federal judge holds hearing to consider Trump’s bid for a special master to review evidence the FBI seized at Mar-a-Lago. Follow live updates
  • 5:45 p.m. ET: House GOP Leader Kevin McCarthy to give a speech in Biden’s hometown of Scranton, Pennsylvania, just before the President’s primetime address
  • 8 p.m. ET: Biden to speak about “the continued battle for the soul of the nation”
As he keeps inadvertently giving the Justice Department new openings, there are also signs that the fast-expanding drain on Trump’s time and focus is having a political impact as he considers delaying his timeline for the launch of a likely 2024 White House bid, as CNN’s Gabby Orr and Kristen Holmes reported Wednesday.
But Trump is not done with the time-honored strategy of delaying, distorting and trying to tie the legal system up in knots, which has throughout his life in business and politics often succeeded in postponing or preventing accountability.
In a legal filing on Wednesday laced with trademark chutzpah ahead of a critical new court hearing in Florida, Trump ditched a core argument he’s made for days — that he had already declassified documents found on his property.
In a head-spinning pivot, Trump’s legal team effectively argued that no one should be shocked he had classified documents at his home — he was once president, after all.
“Simply put, the notion that Presidential records would contain sensitive information should have never been cause for alarm,” the filing said.
The bald-faced statement was a classic Trumpian tactic. It recalled the ex-President’s insistence that an official account of a conversation in which he self-evidently coerced the president of Ukraine to investigate Joe Biden with the promise of military aid was, on the contrary, evidence of “a perfect call.”
Trump’s approach immediately gives his supporters in the GOP and on conservative media new material to muddy the waters, distort the case against him and accuse the DOJ and the FBI of political motives.
But he did not address the core questions swirling around him in the documents case. These include: why did a former president need material, some bearing the highest designations of classification in the intelligence community? And why did he keep material that could potentially damage national security and endanger US agents overseas in insecure locations in his heavily visited resort?
And he also ignored a fundamental principle underlying the Justice Department investigation: According to US law, the papers of former presidents do not belong to the individual who once sat in the Oval Office. They belong to the nation and should be in the custody of the National Archives — an agency that made exhaustive efforts to retrieve Trump’s haul before turning to the Justice Department.
Often Trump’s political and legal strategies cross-pollinate. This was highly successful in the case of the Ukraine call, which led to his first impeachment, although he avoided conviction in the Senate, which could have removed him from office. The complication here, however, is that Trump is facing not political scrutiny but the judgment of the law. And recent days suggest that he’s deeply exposed — not least because of a scathing Justice Department filing on Tuesday that obliterated many of his previous defenses and raised the possibility that Trump and his lawyers could face obstruction charges.
Still Trump’s Wednesday filing, in support of his call for the appointment of an independent official known as a special master to work out whether the FBI took legally privileged documents from his home, could still work for him in the short term. If a judge agrees with his expansive definition of the role, Trump could throw a stick in the spokes of the investigation. He might be able to launch court challenges rooted in legal and executive privilege claims that could be frivolous but would take time to work through the system. And he could challenge the Presidential Records Act through various and exhaustive levels of the legal system. A hearing on Trump’s request is set for 1 p.m. ET Thursday.
If he can push the investigation deep into 2023 and possibly beyond, it could conflict with the presidential campaign and help Trump portray the episode as a politicized effort by the Biden administration to thwart his return to the White House. And he could once more frustrate political opponents desperate to see him quickly pay a price for his refusal to observe presidential norms and constant challenges to the rule of law.
This is one reason why the DOJ urged the judge to equip any special master she appoints with exceedingly limited guidelines for operation.
In itself, a special master is not an unreasonable request in such a case, according to legal experts, though the curiosity here is that Trump waited until the government had documents it took from Mar-a-Lago for two weeks to make it.
“If the government’s case is as they think it is, let’s just play it straight, let a special master come in,” David Schoen, Trump’s lawyer from his second impeachment trial, said on CNN’s “New Day” on Thursday.
“But why not let that process run out? Because a part of this whole scenario has to be — satisfy the public that there’s been a full and fair airing of everything, that all concerns have been addressed.”

How Trump keeps sabotaging his own defense

At the same time, however, Wednesday’s filing also threatened to backfire since it appeared to admit to the transgression of which Trump is accused — keeping classified information at his home. This could be another self-inflicted legal blow. Much like the revelations by the House select committee investigating the January 6, 2021, insurrection, the longer the process goes on, the more damning it seems to become for Trump.
While the ex-President has succeeded in politicizing the investigation, and uniting much of the GOP behind him, his gambits so far have often only revealed more and more damning evidence about his own conduct.
The Justice Department, meanwhile, seems to be constantly outwitting Trump’s politicized and emotional defenses, which typically fail to address substantive legal issues.
The most concrete example of this is the remarkable legal filing by the DOJ on Tuesday night that argued that highly classified material was “likely concealed and removed” from a storage room at Mar-a-Lago. In a staggering photo, the filing showed document title pages bearing highly classified markings on the floor after they were found on the former President’s property. The DOJ filing also suggests that Trump’s lawyers misled the FBI when they attested that all secret documents had been removed earlier this year, a potential trigger for obstruction charges.
What is striking about this is that Americans would never have had this level of insight into the case were it not for Trump himself.
“The response that the Justice Department gave was perfectly appropriate,” conservative attorney George Conway told CNN’s Pamela Brown Wednesday. “The Trump people just basically asked to be punched in the face and they were punched in the face by the response,” Conway said.
Dave Aronberg, the state attorney for Palm Beach County, Florida, where Mar-a-Lago is located, agreed that Trump’s request for a special master had only worsened his position.
“This is yet another self-inflicted wound by Trump’s legal team. (The special master motion) opened the gates for the DOJ to respond with a 36-page missile right into the heart of Trump Tower,” Aronberg, a Democrat, said on CNN’s “The Situation Room.”
“You have got this response that decimates Trump claims that his team was fully cooperative the whole time. Actually, it lays out a case of obstruction.”
It was not the first time that Trump had appeared to sabotage his own position.
Earlier in August, Attorney General Merrick Garland pressed for the release of a search warrant that showed classified documents were taken from his home three weeks ago. This revelation, which undermined Trump’s criticism of the search and revealed that the FBI had reason to believe classified information was on the property, only took place after Trump announced the search himself, then unleashed a storm of disinformation and threats against the bureau.
Like many of Trump’s legal filings, Wednesday night’s document seemed as much designed to address a political audience — and to fan his campaign of fury against the Justice Department — as to ease his legal conundrum.
There is much that remains unknown about this case. It is reasonable for Trump and his allies to demand answers about how the Justice Department handled a hugely sensitive case against an ex-president and possible 2024 presidential candidate. So far, however, there is every sign the DOJ is going by the book. The search was, for instance, not illegal as Trump claims but was permitted by a search warrant signed by a judge who had to be convinced of probable cause a crime had been committed. It is also impossible to get a full window into the case because the underlying affidavit that precipitated the search warrant has only been released in highly redacted form to protect witnesses and FBI agents from backlash and to maintain the integrity of the investigation.

Trump’s 2024 calculation is getting more complicated

The fallout of the FBI raid on Trump’s property has thrust the former President back into the headlines in a way that Republicans keen to focus on inflation and Biden’s low approval ratings in the midterm elections do not welcome.
It has also raised questions about how the legal pressure bearing down on him will impact his likely 2024 presidential campaign.
CNN’s Orr and Holmes reported that after months eyeing Labor Day weekend as the target launch date for his 2024 campaign, he has spent the last few weeks backing away from that timeline.
An onslaught of political concerns — raised by the possibility some of his hand-picked candidates are underperforming in the midterms — and his growing legal worries have Trump nervous about prematurely diving into the race, according to nine former and current Trump aides and allies who requested anonymity to discuss internal matters.
“Everyone was operating under the assumption that shortly after Labor Day would be the best possible time to launch, but that has changed and he’s being told to deal with the FBI stuff first,” said a Trump adviser.

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Beyoncé channels Pamela Anderson in ‘Baywatch’ for Halloween video asking viewers to vote

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NEW YORK (AP) — In a new video posted early Election Day, Beyoncé channels Pamela Anderson in the television program “Baywatch” – red one-piece swimsuit and all – and asks viewers to vote.

In the two-and-a-half-minute clip, set to most of “Bodyguard,” a four-minute cut from her 2024 country album “Cowboy Carter,” Beyoncé cosplays as Anderson’s character before concluding with a simple message, written in white text: “Happy Beylloween,” followed by “Vote.”

At a rally for Donald Trump in Pittsburgh on Monday night, the former president spoke dismissively about Beyoncé’s appearance at a Kamala Harris rally in Houston in October, drawing boos for the megastar from his supporters.

“Beyoncé would come in. Everyone’s expecting a couple of songs. There were no songs. There was no happiness,” Trump said.

She did not perform — unlike in 2016, when she performed at a presidential campaign rally for Hillary Clinton in Cleveland – but she endorsed Harris and gave a moving speech, initially joined onstage by her Destiny’s Child bandmate Kelly Rowland.

“I’m not here as a celebrity, I’m not here as a politician. I’m here as a mother,” Beyoncé said.

“A mother who cares deeply about the world my children and all of our children live in, a world where we have the freedom to control our bodies, a world where we’re not divided,” she said at the rally in Houston, her hometown.

“Imagine our daughters growing up seeing what’s possible with no ceilings, no limitations,” she continued. “We must vote, and we need you.”

The Harris campaign has taken on Beyonce’s track “Freedom,” a cut from her landmark 2016 album “Lemonade,” as its anthem.

Harris used the song in July during her first official public appearance as a presidential candidate at her campaign headquarters in Delaware. That same month, Beyoncé’s mother, Tina Knowles, publicly endorsed Harris for president.

Beyoncé gave permission to Harris to use the song, a campaign official who was granted anonymity to discuss private campaign operations confirmed to The Associated Press.

The Canadian Press. All rights reserved.

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Justin Trudeau’s Announcing Cuts to Immigration Could Facilitate a Trump Win

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Outside of sports and a “Cold front coming down from Canada,” American news media only report on Canadian events that they believe are, or will be, influential to the US. Therefore, when Justin Trudeau’s announcement, having finally read the room, that Canada will be reducing the number of permanent residents admitted by more than 20 percent and temporary residents like skilled workers and college students will be cut by more than half made news south of the border, I knew the American media felt Trudeau’s about-face on immigration was newsworthy because many Americans would relate to Trudeau realizing Canada was accepting more immigrants than it could manage and are hoping their next POTUS will follow Trudeau’s playbook.

Canada, with lots of space and lacking convenient geographical ways for illegal immigrants to enter the country, though still many do, has a global reputation for being incredibly accepting of immigrants. On the surface, Montreal, Toronto, and Vancouver appear to be multicultural havens. However, as the saying goes, “Too much of a good thing is never good,” resulting in a sharp rise in anti-immigrant sentiment, which you can almost taste in the air. A growing number of Canadians, regardless of their political affiliation, are blaming recent immigrants for causing the housing affordability crises, inflation, rise in crime and unemployment/stagnant wages.

Throughout history, populations have engulfed themselves in a tribal frenzy, a psychological state where people identify strongly with their own group, often leading to a ‘us versus them’ mentality. This has led to quick shifts from complacency to panic and finger-pointing at groups outside their tribe, a phenomenon that is not unique to any particular culture or time period.

My take on why the American news media found Trudeau’s blatantly obvious attempt to save his political career, balancing appeasement between the pitchfork crowd, who want a halt to immigration until Canada gets its house in order, and immigrant voters, who traditionally vote Liberal, newsworthy; the American news media, as do I, believe immigration fatigue is why Kamala Harris is going to lose on November 5th.

Because they frequently get the outcome wrong, I don’t take polls seriously. According to polls in 2014, Tim Hudak’s Progressive Conservatives and Kathleen Wynne’s Liberals were in a dead heat in Ontario, yet Wynne won with more than twice as many seats. In the 2018 Quebec election, most polls had the Coalition Avenir Québec with a 1-to-5-point lead over the governing Liberals. The result: The Coalition Avenir Québec enjoyed a landslide victory, winning 74 of 125 seats. Then there’s how the 2016 US election polls showing Donald Trump didn’t have a chance of winning against Hillary Clinton were ridiculously way off, highlighting the importance of the election day poll and, applicable in this election as it was in 2016, not to discount ‘shy Trump supporters;’ voters who support Trump but are hesitant to express their views publicly due to social or political pressure.

My distrust in polls aside, polls indicate Harris is leading by a few points. One would think that Trump’s many over-the-top shenanigans, which would be entertaining were he not the POTUS or again seeking the Oval Office, would have him far down in the polls. Trump is toe-to-toe with Harris in the polls because his approach to the economy—middle-class Americans are nostalgic for the relatively strong economic performance during Trump’s first three years in office—and immigration, which Americans are hyper-focused on right now, appeals to many Americans. In his quest to win votes, Trump is doing what anyone seeking political office needs to do: telling the people what they want to hear, strategically using populism—populism that serves your best interests is good populism—to evoke emotional responses. Harris isn’t doing herself any favours, nor moving voters, by going the “But, but… the orange man is bad!” route, while Trump cultivates support from “weird” marginal voting groups.

To Harris’s credit, things could have fallen apart when Biden abruptly stepped aside. Instead, Harris quickly clinched the nomination and had a strong first few weeks, erasing the deficit Biden had given her. The Democratic convention was a success, as was her acceptance speech. Her performance at the September 10th debate with Donald Trump was first-rate.

Harris’ Achilles heel is she’s now making promises she could have made and implemented while VP, making immigration and the economy Harris’ liabilities, especially since she’s been sitting next to Biden, watching the US turn into the circus it has become. These liabilities, basically her only liabilities, negate her stance on abortion, democracy, healthcare, a long-winning issue for Democrats, and Trump’s character. All Harris has offered voters is “feel-good vibes” over substance. In contrast, Trump offers the tangible political tornado (read: steamroll the problems Americans are facing) many Americans seek. With Trump, there’s no doubt that change, admittedly in a messy fashion, will happen. If enough Americans believe the changes he’ll implement will benefit them and their country…

The case against Harris on immigration, at a time when there’s a huge global backlash to immigration, even as the American news media are pointing out, in famously immigrant-friendly Canada, is relatively straightforward: During the first three years of the Biden-Harris administration, illegal Southern border crossings increased significantly.

The words illegal immigration, to put it mildly, irks most Americans. On the legal immigration front, according to Forbes, most billion-dollar startups were founded by immigrants. Google, Microsoft, and Oracle, to name three, have immigrants as CEOs. Immigrants, with tech skills and an entrepreneurial thirst, have kept America leading the world. I like to think that Americans and Canadians understand the best immigration policy is to strategically let enough of these immigrants in who’ll increase GDP and tax base and not rely on social programs. In other words, Americans and Canadians, and arguably citizens of European countries, expect their governments to be more strategic about immigration.

The days of the words on a bronze plaque mounted inside the Statue of Liberty pedestal’s lower level, “Give me your tired, your poor, your huddled masses yearning to breathe free…” are no longer tolerated. Americans only want immigrants who’ll benefit America.

Does Trump demagogue the immigration issue with xenophobic and racist tropes, many of which are outright lies, such as claiming Haitian immigrants in Ohio are abducting and eating pets? Absolutely. However, such unhinged talk signals to Americans who are worried about the steady influx of illegal immigrants into their country that Trump can handle immigration so that it’s beneficial to the country as opposed to being an issue of economic stress.

In many ways, if polls are to be believed, Harris is paying the price for Biden and her lax policies early in their term. Yes, stimulus spending quickly rebuilt the job market, but at the cost of higher inflation. Loosen border policies at a time when anti-immigrant sentiment was increasing was a gross miscalculation, much like Trudeau’s immigration quota increase, and Biden indulging himself in running for re-election should never have happened.

If Trump wins, Democrats will proclaim that everyone is sexist, racist and misogynous, not to mention a likely White Supremacist, and for good measure, they’ll beat the “voter suppression” button. If Harris wins, Trump supporters will repeat voter fraud—since July, Elon Musk has tweeted on Twitter at least 22 times about voters being “imported” from abroad—being widespread.

Regardless of who wins tomorrow, Americans need to cool down; and give the divisive rhetoric a long overdue break. The right to an opinion belongs to everyone. Someone whose opinion differs from yours is not by default sexist, racist, a fascist or anything else; they simply disagree with you. Americans adopting the respectful mindset to agree to disagree would be the best thing they could do for the United States of America.

______________________________________________________________

 

Nick Kossovan, a self-described connoisseur of human psychology, writes about what’s

on his mind from Toronto. You can follow Nick on Twitter and Instagram @NKossovan.

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RFK Jr. says Trump would push to remove fluoride from drinking water. ‘It’s possible,’ Trump says

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PHOENIX (AP) — Robert F. Kennedy Jr., a prominent proponent of debunked public health claims whom Donald Trump has promised to put in charge of health initiatives, said Saturday that Trump would push to remove fluoride from drinking water on his first day in office if elected president.

Fluoride strengthens teeth and reduces cavities by replacing minerals lost during normal wear and tear, according to the U.S. Centers for Disease Control and Prevention. The addition of low levels of fluoride to drinking water has long been considered one of the greatest public health achievements of the last century.

Kennedy made the declaration Saturday on the social media platform X alongside a variety of claims about the heath effects of fluoride.

“On January 20, the Trump White House will advise all U.S​. water systems to remove fluoride from public water,” Kennedy wrote. Trump and his wife, Melania Trump, “want to Make America Healthy Again,” he added, repeating a phrase Trump often uses and links to Kennedy.

Trump told NBC News on Sunday that he had not spoken to Kennedy about fluoride yet, “but it sounds OK to me. You know it’s possible.”

The former president declined to say whether he would seek a Cabinet role for Kennedy, a job that would require Senate confirmation, but added, “He’s going to have a big role in the administration.”

Asked whether banning certain vaccines would be on the table, Trump said he would talk to Kennedy and others about that. Trump described Kennedy as “a very talented guy and has strong views.”

The sudden and unexpected weekend social media post evoked the chaotic policymaking that defined Trump’s White House tenure, when he would issue policy declarations on Twitter at virtually all hours. It also underscored the concerns many experts have about Kennedy, who has long promoted debunked theories about vaccine safety, having influence over U.S. public health.

In 1950, federal officials endorsed water fluoridation to prevent tooth decay, and continued to promote it even after fluoride toothpaste brands hit the market several years later. Though fluoride can come from a number of sources, drinking water is the main source for Americans, researchers say.

Officials lowered their recommendation for drinking water fluoride levels in 2015 to address a tooth condition called fluorosis, that can cause splotches on teeth and was becoming more common in U.S. kids.

In August, a federal agency determined “with moderate confidence” that there is a link between higher levels of fluoride exposure and lower IQ in kids. The National Toxicology Program based its conclusion on studies involving fluoride levels at about twice the recommended limit for drinking water.

A federal judge later cited that study in ordering the U.S. Environmental Protection Agency to further regulate fluoride in drinking water. U.S. District Judge Edward Chen cautioned that it’s not certain that the amount of fluoride typically added to water is causing lower IQ in kids, but he concluded that mounting research points to an unreasonable risk that it could be. He ordered the EPA to take steps to lower that risk, but didn’t say what those measures should be.

In his X post Saturday, Kennedy tagged Michael Connett, the lead attorney representing the plaintiff in that lawsuit, the environmental advocacy group Food & Water Watch.

Kennedy’s anti-vaccine organization has a lawsuit pending against news organizations including The Associated Press, accusing them of violating antitrust laws by taking action to identify misinformation, including about COVID-19 and COVID-19 vaccines. Kennedy is on leave from the group but is listed as one of its attorneys in the lawsuit.

What role Kennedy might hold if Trump wins on Tuesday remains unclear. Kennedy recently told NewsNation that Trump asked him to “reorganize” agencies including the U.S. Centers for Disease Control and Prevention, the National Institutes of Health, the Food and Drug Administration and some agencies under the Department of Agriculture.

But for now, the former independent presidential candidate has become one of Trump’s top surrogates. Trump frequently mentions having the support of Kennedy, a scion of a Democratic dynasty and the son of former Attorney General Robert Kennedy and nephew of President John F. Kennedy.

Kennedy traveled with Trump Friday and spoke at his rallies in Michigan and Wisconsin.

Trump said Saturday that he told Kennedy: “You can work on food, you can work on anything you want” except oil policy.

“He wants health, he wants women’s health, he wants men’s health, he wants kids, he wants everything,” Trump added.

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