‘A totally unforced error’: Trump REJECTED lawyers’ attempts to settle classified


Donald Trump was repeatedly advised by his lawyers over the course of over two years to return the classified documents to the authorities – but stubbornly refused, according to a new report.

His attorney Christopher Kise, who represented him in court on Tuesday when he was arraigned on 37 federal charges related to his retention of classified documents, tried to persuade Trump to settle in the fall of 2022, The Washington Post reported.

Kise told others he wanted to ‘take the temperature down’ and speak directly to the attorney general, Merrick Garland – promising him a professional and swift return of the files.

But Trump was persuaded by other allies such as Judicial Watch president Tom Fitton and adviser Boris Epshteyn to fight efforts to reclaim the papers.

Kise never approached Garland, and shortly after a special counsel, Jack Smith, was appointed to investigate the saga.

‘It was a totally unforced error,’ a source close to Trump told the Post. ‘We didn’t have to be here.’

Christopher Kise, one of Donald Trump's attorneys, suggested in the fall of 2022 that he approach the Justice Department to discuss settling the classified documents case - but Trump refused to hand the papers over

Christopher Kise, one of Donald Trump’s attorneys, suggested in the fall of 2022 that he approach the Justice Department to discuss settling the classified documents case – but Trump refused to hand the papers over

Donald Trump was advised for over two years by his lawyers to hand the documents back, but refused

Donald Trump was advised for over two years by his lawyers to hand the documents back, but refused

The National Archives and Records Administration (NARA) learnt soon after Trump left the White House in January 2021 that he had taken presidential papers with him, and requested they be returned.

Gary Stern, counsel at the National Archives, asked Trump’s team for the return of documents.

And in the spring of 2021, some of Trump’s lawyers and advisers began recommending Trump hand the documents over, the Washington Post reported.

By the fall of 2021, Alex Cannon, who at the time was a Trump lawyer, told Trump he needed to give them back, and warned that NARA was threatening to go to Congress or the Justice Department if he did not return them.

He eventually returned 15 boxes of materials to the National Archives, in January 2022.

Yet more remained, and Trump was angered by repeated attempts to get him to hand over the rest.

Seven Trump advisers with knowledge of the probe indicate he misled his own advisers, telling them the boxes contained only newspaper clippings and clothes. 

In April 2022 he was issued with a subpoena to force him to return them, and his new attorney, Evan Corcoran, told him he had to comply.

Alex Cannon, a former Trump lawyer, told the billionaire businessman in the fall of 2021 he needed to hand the documents over, and warned that NARA was threatening to go to Congress or the Justice Department if he did not return them

Alex Cannon, a former Trump lawyer, told the billionaire businessman in the fall of 2021 he needed to hand the documents over, and warned that NARA was threatening to go to Congress or the Justice Department if he did not return them

Tom Fitton, the president of Judicial Watch, urged Trump to fight efforts to get him to hand over the documents, according to The Washington Post

Tom Fitton, the president of Judicial Watch, urged Trump to fight efforts to get him to hand over the documents, according to The Washington Post

Fitton and Epshteyn ultimately proved more influential, and convinced Trump that he could legally hold on to the documents.

Fitton told The Washington Post he felt the charges against Trump filed on Tuesday were ‘weak’, and a convincing case had not been made.

‘I think what is lacking is the lawyers saying, ‘I took this to be obstruction,’ said Fitton. 

‘Where is the conspiracy? I don’t understand any of it. I think this is a trap. 

‘They had no business asking for the records … and they’ve manufactured an obstruction charge out of that. 

‘There are core constitutional issues that the indictment avoids, and the obstruction charge seems weak to me.’ 

Fitton said Trump’s lawyers ‘should have been more aggressive in fighting the subpoenas and fighting for Trump.’ 

Yet John Kelly, who served as Trump’s chief of staff, said Trump refused to hand over the documents out of arrogance.

‘He’s incapable of admitting wrongdoing,’ said Kelly. 

‘He wanted to keep it, and he says, ‘You’re not going to tell me what to do. I’m the smartest guy in the room.’ 

Kelly, a four star general in the Marines who served as Trump’s chief of staff from July 2017 to January 2019, said he felt Trump’s posturing after his indictment on Tuesday was to conceal his fear.

‘He’s scared s—less,’ said Kelly, speaking to The Washington Post

‘This is the way he compensates for that. He gives people the appearance he doesn’t care by doing this. 

‘For the first time in his life, it looks like he’s being held accountable. Up until this point in his life, it’s like, I’m not going to pay you; take me to court. He’s never been held accountable before.’ 

John Kelly served as Donald Trump's chief of staff from 2017-19. He said the former president was 'scared s***less' about possibly going to prison

John Kelly served as Donald Trump’s chief of staff from 2017-19. He said the former president was ‘scared s***less’ about possibly going to prison

Kelly, a four star Marine general, has said he took the job of chief of staff out of a sense of duty to his country, but has since been outspoken about Trump's unsuitability for the presidency

Kelly, a four star Marine general, has said he took the job of chief of staff out of a sense of duty to his country, but has since been outspoken about Trump’s unsuitability for the presidency

Trump, immediately after his indictment, surrounded himself with adoring fans at a Cuban restaurant in Little Havana

Trump, immediately after his indictment, surrounded himself with adoring fans at a Cuban restaurant in Little Havana

Trump on Tuesday was determined to project confidence, and show his supporters that he was being wrongfully charged. 

His team posted on social media a clip of the Will Smith song with the lyrics ‘Welcome to Miami’ as he arrived at court, and after the appearance he stopped by a Cuban restaurant in Little Havana, where he was mobbed by fans. In the evening, he delivered a defiant speech to a crowd of supporters at his Bedminster, New Jersey golf club – and raised more than $2 million in donations from those who paid to attend.

‘It’s part public relations and part babysitting,’ said Stephanie Grisham, one of Trump’s former White House press secretaries. 

‘He wants people to see the cheering crowds so they don’t think anything is going wrong. 

‘It’s also because the staff around him want to keep him busy and wants to have people cheering for him and giving him the ego stroke that he’ll need so they don’t have to deal with him being completely pissed.’

Stephanie Grisham, pictured on July 9, 2019 with Donald Trump and John Bolton, the National Security Advisor, said that Trump being surrounded with supporters after his indictment was 'part PR and part babysitting'

Stephanie Grisham, pictured on July 9, 2019 with Donald Trump and John Bolton, the National Security Advisor, said that Trump being surrounded with supporters after his indictment was ‘part PR and part babysitting’

Sources close to Trump told the paper that he was most irritated by his reputation for having a volcanic temper, and being enraged by the indictment.

On the eve of the court hearing, Trump, asked how he was feeling, told a radio show: ‘It’s fine.’

The host, Howie Carr, replied: ‘You sound like you’re in great spirits.’

Trump agreed. 

‘I am,’ Trump said. ‘I’m just fighting for the country.’

CNBC reported Wednesday that supporters who donated or raised more than $100,000 toward his 2024 White House bid were invited to a ‘candlelit dinner’ at Bedminster, on Tuesday night.

They were fed Trump favorites including burgers and crab cakes, and were served wine and cocktails. 

The initial invitation had teased special Congressional guests, but only Alabama Senator Tommy Tuberville made it to New Jersey, as there were votes Tuesday night. 

Trump raised more than $2 million from donors who attended a 'candlelight dinner' with him at Bedminster Tuesday night

Trump raised more than $2 million from donors who attended a ‘candlelight dinner’ with him at Bedminster Tuesday night 

The former president spoke to a crowd of several hundred outside the clubhouse at his Bedminster, New Jersey golf resort

The former president spoke to a crowd of several hundred outside the clubhouse at his Bedminster, New Jersey golf resort

Sen. Tommy Tuberville, an Alabama Republican, was on hand for Trump's speech at Bedminster and stayed after for the intimate 'candlelight dinner,' in which only donors who forked over $100,000 or more could attend

Sen. Tommy Tuberville, an Alabama Republican, was on hand for Trump’s speech at Bedminster and stayed after for the intimate ‘candlelight dinner,’ in which only donors who forked over $100,000 or more could attend

Prior to the more exclusive dinner, a crowd of several hundred gathered in front of the clubhouse to hear him deliver blistering remarks about the Mar-a-Lago documents case. 

That event attracted some Trumpworld favorites including My Pillow CEO Mike Lindell, Sebastian Gorka, Andrew Giuliani and Bernie Kerik. 

Eric Trump attended the event, as did Kimberly Guilfoyle, the fiancee of Donald Trump Jr. 

Melania Trump remained in New York City.

Aides who had traveled with the president to Miami, including Boris Epshteyn and Margo Martin, were also on hand for the speech. 

Walt Nauta, who is also facing federal charges over the Mar-a-Lago documents case, returned to New Jersey with the president, Trump’s spokesman said, but DailyMail.com did not spot him in the audience for the speech. 

One large group in the audience was Vietmanese Americans for America First, who were easy to spot as all the women were sporting the same red MAGA dress.

Trump told the audience that the prosecution was ‘the most evil and heinous abuse of power in the history of our country.’

Sen. Tommy Tuberville (left) stands alongside Eric Trump (center) and Kimberly Guilfoyle (right), the fiancee of Donald Trump Jr.

Sen. Tommy Tuberville (left) stands alongside Eric Trump (center) and Kimberly Guilfoyle (right), the fiancee of Donald Trump Jr. 

Some Trumpworld favorites assembled at Bedminster Tuesday night including My Pillow CEO Mike Lindell (left) and Sebastian Gorka (right), who briefly worked at the Trump White House

Some Trumpworld favorites assembled at Bedminster Tuesday night including My Pillow CEO Mike Lindell (left) and Sebastian Gorka (right), who briefly worked at the Trump White House 

Several hundred Trump supporters came out to see him speak, before a handful of people were invited to dinner with the ex-president as part of a $2 million fundraiser

Several hundred Trump supporters came out to see him speak, before a handful of people were invited to dinner with the ex-president as part of a $2 million fundraiser 

Former NYPD commissioner Bernie Kerik chats with guests Tuesday night ahead of Trump's speech at his Bedminster, New Jersey, golf resort

Former NYPD commissioner Bernie Kerik chats with guests Tuesday night ahead of Trump’s speech at his Bedminster, New Jersey, golf resort 

Andrew Giuliani, who worked in the Trump administration and is the son of former New York City Mayor and Trump lawyer Rudy Giuliani, was on hand Tuesday night in Bedminster

Andrew Giuliani, who worked in the Trump administration and is the son of former New York City Mayor and Trump lawyer Rudy Giuliani, was on hand Tuesday night in Bedminster

‘I did everything right and they indicted me,’ he complained.

The former president suggested that other political figures had gotten away with much worse. 

‘He lost the nuclear codes,’ Trump claimed of Bill Clinton, who he called a ‘nice guy.’

‘They should have used him a little bit more as an adviser in the 2016 election,’ Trump also joked, alluding to how he beat Clinton’s wife Hillary in the presidential election that year.

Trump also charged that George W. Bush’s White House ‘lost 22 million emails.’

‘A document shredding truck was spotted on the way to Dick Cheney’s house. Can you imagine?’ the former president added. 

He spoke at length about the Bill Clinton ‘socks’ case, which fact-checkers have already said isn’t a valid comparison to what Trump is accused of doing. 



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