TRUMP’S DUBIOUS DEFENSE: In a speech at his golf club in Bedminster, New Jersey, Tuesday night, former President Donald Trump laid out the legal argument he hopes to use as his first line of defense against the 31 federal felony charges he faces for withholding and mishandling highly classified national security documents.
Here’s what he said:
“As president, the law that applies to this case is not the Espionage Act, but very simply the Presidential Records Act, which is not even mentioned in this ridiculous 44-page indictment. Under the Presidential Records Act, which is civil, not criminal, I had every right to have these documents. The crucial legal precedent is laid out in the most important case ever on the subject known as the Clinton socks case. You know what that means?
After leaving the White House, Bill Clinton kept 79 audio tapes in his sock drawer. They included discussions of U.S. military involvement in Haiti, discussions of US foreign policy, both defense and offense against Cuba, recordings of President Clinton’s conversations with all of the many foreign leaders at the time. Think of that, sensitive facts about trade negotiations taken from presidential briefings, discussions with the secretary of state about conflict in Bosnia and much, much more, very big stuff.
Not only was Bill Clinton never even considered for criminal prosecution based on the tapes he took, but when he was sued for them, he won the case. Judge Amy Berman Jackson’s decision states under the statutory scheme established by the Presidential Records Act, “The decision to segregate personal materials from presidential records is made by the president during the president’s term, and in the president’s sole discretion.”
WHAT THE ARCHIVES SAYS: On its website, the National Archives disputed Trump’s interpretation of the 1981 law passed by Congress in the wake of the Watergate scandal.
“The Presidential Records Act requires the president to separate personal documents from presidential records before leaving office. The PRA makes clear that, upon the conclusion of the president’s term in office, NARA assumes responsibility for the custody, control, preservation of, and access to the records of a President. The PRA makes the legal status of presidential records clear and unambiguous, providing that the United States reserves and retains ‘complete ownership, possession, and control of presidential records.’ There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports.
The Presidential Records Act defines what constitutes ‘presidential records’ and what are ‘personal records.’ Personal records include ‘diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting government business.’ … The President does not have discretion to categorize a Presidential record as a personal record.”
WHAT LEGAL EXPERTS SAY: According to the Washington Post, Trump ignored the advice of his attorneys who repeatedly urged him to return the documents, which would have likely avoided any criminal charges.
“Trump time and again rejected the advice from lawyers and advisers who urged him to cooperate and instead took the advice of Tom Fitton, the head of the conservative group Judicial Watch, and a range of others who told him he could legally keep the documents and should fight the Justice Department,” the newspaper reported.
“The Presidential Records Act allows the president to decide what records to return and what records to keep at the end of his presidency. And the National Archives and Records Administration can’t do anything about it,” Fitton posted on the group’s website. “I know because I’m the lawyer who lost the ‘Clinton sock drawer’ case.”
Jason Baron, a former director of litigation at the National Archives and Records Administration, told the Associated Press the notion that a president could declare any record as personal goes against the “very reason” the law was created.
“The Presidential Records Act has no applicability here, we’re not talking about a letter from the prime minister that Trump wanted to keep as a keepsake. We’re talking about nuclear weapons capabilities information, we’re talking about military readiness, we’re talking about attack plans,” said Loyola University law professor Jessica Levinson.
“The records at issue in the indictment were originally agency records,” said national security lawyer Bradley Moss. “They always were presidential records. They were always classified, and they always qualified as national defense information … He was not supposed to walk off with them, and he certainly couldn’t keep them in Mar-a-Lago in any of the various unsecured locations that were listed in the indictment. His team will try to raise this case in pretrial motions. It will fail.”
‘CLINTON SOCKS CASE’ BECOMES TRUMP’S VERBAL LINE OF DEFENSE AMID INDICTMENT
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HAPPENING TODAY: Defense Secretary Lloyd Austin and Joint Chiefs Chairman Gen. Mark Milley will brief reporters at 9:45 a.m. in Brussels, Belgium, following today’s meeting of the Ukraine Defense Contact Group.
“Today, Ukraine stands well positioned for the challenges ahead,” Austin said in remarks this morning at the beginning of the meeting of some 50 donor nations supplying arms and ammunition to Ukraine. “The Ukraine fight is a marathon, not a sprint, so we will continue to provide Ukraine with the urgent capabilities that it needs to meet this moment, as well as what it needs to keep itself secure for the long term from Russian aggression. And make no mistake we will stand with Ukraine for the long haul.”
BIDEN ADMINISTRATION ANNOUNCES NEW $325 MILLION AID PACKAGE TO UKRAINE
ON THE BATTLEFIELD: The Ukrainian counteroffensive continues to grind out small advances at various points along the front lines, according to an account provided by Ukrainian Deputy Defense Minister Hanna Maliar, who said Ukrainian forces advanced 200-500 meters (650-1,600 feet) in efforts to retake the eastern city of Bakhmut and 300-350 meters (980-1,150 feet) in the southern Zaporizhzhia region.
The Institute for the Study of War quoted Russian sources as claiming that a large concentration of Russian troops near Kreminna, Luhansk, were struck by a Ukrainian missile while waiting for two hours for their commander to show up and give a speech.
The ISW said it “could not confirm which division was struck by the Ukrainian forces,” but noted the report prompted “typical discontent among milbloggers about Russian commanders,” who “rightfully criticized the poor decision to concentrate a large number of Russian forces within range of Ukrainian fire for such a long time.”
PETRAEUS: ‘THERE WILL BE VERY TOUGH MOMENTS’: Former U.S. Central Commander and CIA Director David Petraeus is drawing on his experience leading the “surge” in Iraq in 2007 and warning that Ukraine faces inevitable setbacks on the battlefield.
“There will be tough casualties. There will be setbacks as well as successes,” the retired four-star general said in an interview with the Cipher Brief in Kyiv conducted just as the counteroffensive was beginning.
“I’m relatively optimistic about what the Ukrainian forces will achieve over time, given both the enormous training they’ve had and the new systems, and given the fact that the Russians have been in combat for 12 to 15 months in many cases, individual replacements that aren’t well-trained, not well-equipped, and they’re certainly not well led,” Petraeus said.
“All of that not withstanding, the early days, perhaps weeks will be hard … Western systems are certainly not immune to anti-tank guided missiles from the Russians. There will be very tough moments. There will be tough casualties. There will be setbacks as well as successes. But inevitably, I think the Ukrainians are going to achieve considerable gains in liberation of their soil.”
GERMANY RELEASES FIRST NATIONAL SECURITY STRATEGY, HIGHLIGHTING RUSSIA
BLINKEN TO CHINA: Antony Blinken’s first trip to China as secretary of state, postponed after the Chinese spy balloon incident, is back on, with Blinken set to depart for Beijing this weekend.
The trip comes as relations between the two countries are at a low point, and as the U.S. is increasingly concerned China will attempt to take control of Taiwan by military force sometime in the next few years.
Blinken hopes to stabilize the relationship, help restore direct military-to-military contact, and work to gain the release of three U.S. citizens currently detained by China.
“We’re not going to Beijing with the intent of having some sort of breakthrough or transformation in the way that we deal with one another,” Daniel Kritenbrink, assistant secretary of state for East Asian and Pacific affairs, told reporters Wednesday. “We’re coming to Beijing with a realistic, confident approach and a sincere desire to manage our competition in the most responsible way possible.”
Ahead of the trip, Blinken spoke by phone with his Chinese counterpart Qin Gang, and discussed the “importance of maintaining open lines of communication to responsibly manage the U.S.-PRC relationship to avoid miscalculation and conflict.”
In a statement on the Chinese Foreign Ministry webpage, Qin blamed the U.S. for “new difficulties and challenges” in the relationship, while urging the U.S. to “respect” its position on Taiwan and “stop meddling in China’s internal affairs.”
US HOPES BLINKEN VISIT WILL ‘REDUCE RISK’ OF ‘POTENTIAL CONFLICT’ WITH CHINA
F-22s TO COUNTER RUSSIA: The top U.S. commander in the Middle East has requested and received a deployment of Air Force F-22 Raptors in response to what he says is increasingly unsafe and unprofessional behavior by Russian aircraft in the region.
“In early April, a Russian Su-35 conducted an “unsafe and unprofessional intercept” with a U.S. F-16 Fighting Falcon that was operating in coalition airspace over Syria,” reported the Washington Examiner’s Mike Brest. “In March, two Russian fighter jets forced an Air Force MQ-9 drone to crash into international waters, and it sank to unrecoverable depths.”
The Lockheed Martin F-22 is America’s premier air-to-air fighter, and in its press release, the U.S. Central Command touts its combination of “stealth, aerodynamic performance, and mission systems” which make it the “best fifth-generation fighter in the world.”
“Russian Forces’ unsafe and unprofessional behavior is not what we expect from a professional air force. Their regular violation of agreed upon airspace deconfliction measures increases the risk of escalation or miscalculation,” said Gen. Michael “Erik” Kurilla, commander of U.S. Central Command. “Alongside our partners and allies, we are committed to improving the security and stability in the region.”
OPINION: F-22S WILL NOT DETER RUSSIA IN SYRIA — THEIR SHOWS OF FORCE WILL
The Rundown
Washington Examiner: ‘Clinton socks case’ becomes Trump’s verbal line of defense amid indictment
Washington Examiner: Russia threatens undersea ‘cable communications of our enemies’
Washington Examiner: Biden administration announces new $325 million aid package to Ukraine
Washington Examiner: Germany releases first national security strategy, highlighting Russia
Washington Examiner: Blinken going to China this week after postponing previous trip over spy balloon
Washington Examiner: US hopes Blinken visit will ‘reduce risk’ of ‘potential conflict’ with China
Washington Examiner: US deploys fighter jets to Middle East in response to Russia
Washington Examiner: Opinion: F-22s will not deter Russia in Syria — their shows of force will
New York Times: Hoping to Avert Nuclear Crisis, U.S. Seeks Informal Agreement With Iran
New York Times: Germany Adopts a More Muscular Security Plan. Critics Call It ‘Weak.’
Washington Post: Ukrainian steel plant refuses to bend to Russian attacks
AP: Russia steps up aerial strikes on Ukraine, killing at least 6 amid Kyiv counteroffensive
Breaking Defense: Netherlands outlines 3-step F-16 training plan for Ukraine, plus $43.4M air defense package
Defense One: With War Next Door, Poland Wants More from NATO
19fortyfive.com: Ukraine’s Big Offensive: What’s Happened So Far and What Might Happen Next
The Cipher Brief: Be Ready for a Fierce and Protracted Ukrainian Counteroffensive
New York Times: Lukashenko Says Belarus Has Started Receiving Russian Nuclear Weapons.
Stars and Stripes: Chinese Live-Fire Training Near Taiwan Follows Rare Dual-Carrier Drills By U.S. Navy
Bloomberg: US Submarine Damaged in South China Sea Won’t Return Until 2026 as Shipyards Are Clogged
Politico: Tuberville rejects GOP attempts to end military promotions blockade
Breaking Defense: House Appropriators’ $826B Pentagon Spending Bill Sets Up Fights with Authorizers
Military.com: Enlisted Troops Could See 30 Percent Pay Hike Under House’s 2024 Defense Spending Bill
Air & Space Forces Magazine: Draft NDAA Would End ARRW Early, as Hypersonic Test Concerns Linger
Air & Space Forces Magazine: New House Armed Services Panel Will Focus on Quality of Life
Washington Post: Army base in Louisiana sheds Confederate name for a Black war hero
Air Force Times: More Could Be Done to Help Dual-Military Couples, DOD IG Reports
DefenseInfo: How an American Official Helped Preserve China’s Belt and Road Initiative
Forbes: Aerojet’s Merger With L3Harris Is Crucial To Preserving Competition In Large Solid Rocket Motors
Calendar
THURSDAY | JUNE 15
9 a.m. 1300 Pennsylvania Ave. NW — Defense One Tech Summit on how emerging technologies are shaping the military tactics and national-security strategies of tomorrow, with Charles Luftig, deputy director of national intelligence for policy and capabilities; Michael Horowitz, director, DOD Emerging Capabilities Policy Office, Kusti Salm, permanent secretary of the Estonian Ministry of Defense; Maynard Holliday, deputy defense CTO; and Space Force Gen. David Thompson, vice chief of space operations https://d1techsummit.com/
9 a.m. — Business Council for International Understanding off-the-record and closed press discussion: “Australia’s Strategic Defense Review and Australian defense priorities,” with Royal Australian Navy Rear Adm. Ian Murray, Australian defense attache to the United States https://bciu.zohobackstage.com/DEFENSEBreakfast
9 a.m. 616 Rhode Island Ave. NW — Center for Strategic and International Studies and U.S.-ASEAN Business Council U.S.-Indo-Pacific Conference: “The U.S. relationship with ASEAN and the Quad, including the Indo-Pacific Economic Framework” https://www.csis.org/events/us-indo-pacific-conference-2023
9:30 a.m. 215 Dirksen — U.S.-China Economic and Security Review Commission hearing: “Europe, the United States, and Relations with China: Convergence or Divergence?” https://www.uscc.gov/hearings/europe-united-states-and-relations-china
9:30 a.m. 1030 15th St. NW — Atlantic Council Central and Eastern European Energy Security Conference https://www.atlanticcouncil.org/event/8th-annual-cee/
2:30 p.m. 1775 Massachusetts Ave. NW — Brookings Institution discussion: “Evaluating NATO enlargement since the end of the Cold War,” with Joshua Itzkowitz Shifrinson, associate professor at the University of Maryland; Jim Townsend, adjunct senior fellow at the Center for a New American Security’s Transatlantic Security Program; Susan Colbourn, associate director of Duke University’s Program in American Grand Strategy; and Peter Baker, chief White House correspondent at the New York Times https://www.brookings.edu/events/evaluating-nato-enlargement
FRIDAY | JUNE 16
12 p.m. — Center for Strategic and International Studies virtual book discussion: By All Means Available: Memoirs of a Life in Intelligence, Special Operations, and Strategy, with author Michael Vickers, former undersecretary of defense for intelligence https://www.csis.org/events/lessons-us-intelligence-and-special-operations
9 a.m. — Atlantic Council virtual discussion: “U.S.-China lessons from Ukraine: Fueling more dangerous Taiwan tensions,” with Andrew Nien-Dzu Yang, secretary general of the Chinese Council of Advanced Policy Studies; retired Rear Adm. Mark Montgomery, senior fellow at the Foundation for Defense of Democracies; and Jane Rickards, Taiwan correspondent at the Economist https://www.atlanticcouncil.org/event/us-china-lessons
11 a.m. 2101 Wilson Blvd., Arlington, Virginia — National Defense Industrial Association closed press meeting of the Logistics Management Division with Leigh Method, deputy assistant defense secretary for logistics [email protected]
THURSDAY | JULY 22
12 p.m. — Institute for the Study of War virtual briefing and Q&A session about the “critical next phase” of the war in Ukraine, with Jennifer Cafarella, ISW director of strategic initiatives; and Mason Clark, ISW Russia team lead https://events.zoom.us
QUOTE OF THE DAY
“I hadn’t had a chance to go through all the boxes. It’s a long, tedious job. It takes a long time. Which I was prepared to do. But I have a very busy life.”
Donald Trump, former U.S. president
