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New Mexico grand jury indicts failed GOP candidate accused of shooting at Democratic officials’ homes

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CNN
 — 

The failed GOP candidate accused of shooting at Democratic officials’ homes in Alburquerque, New Mexico, was indicted by a grand jury on 14 counts of shooting and firearms charges, the Bernalillo County District Attorney’s office announced in a statement Monday.

Solomon Peña is currently in jail awaiting trial after being accused of hiring and conspiring with four men to shoot at the homes of two state legislators and two county commissioners following his 2022 state House election loss, as a GOP candidate, in New Mexico.

Peña was charged with three counts of conspiracy to commit shooting at a dwelling or occupied building, two counts of conspiracy to commit shooting at a dwelling or occupied building and two counts of transportation or possession of a firearm or destructive device by certain persons, among other charges, the district attorney’s office said.

CNN has reached out to Peña’s attorney for comment.

After losing the November election 26% to 74% to the Democratic candidate and before the shootings, Peña showed up uninvited at the homes of a legislator and some county commissioners, claiming fraud had been committed in the vote, according to police.

According to Albuquerque police, Democratic officials whose homes were shot at included Bernalillo County Commissioner Adriann Barboa, newly installed state House Speaker Javier Martinez, and State Sen. Linda Lopez, among others.

No one was injured in any of the shootings, which included at least one bullet flying through a child’s bedroom while she was inside, police have said.

A judge ruled last week that Peña must remain in jail as he awaits trial, saying Peña poses a threat to the targets of the shootings and their family members. Peña also has a history of felony convictions involving property crimes and the use of stolen vehicles, mirroring the tactics police say were used in the shootings in December and early January, the judge pointed out.

Peña provided the guns used in the shootings and suggested the use of stolen cars to avoid being identified and was present at the fourth and final shooting, an investigator said at last week’s detention hearing.

Albuquerque Police Detective Conrad Griego, citing a confidential witness, alleged that Peña had complained that at least one of the shootings occurred too late at night and bullets were fired too high into the house, decreasing the chances of hitting the target.

“He’s providing the firearms. He is helping other individuals come up with a plan,” including using stolen vehicles, Prosecutor Natalie Lyon said.

Pena’s attorney, Roberta Yurcic, argued that Peña was never found to be in possession of a firearm, and sought to cast doubt on the credibility of the confidential witness.

False and unfounded claims about election fraud have exploded nationwide in recent years and fueled anger and threats of violence against elected officials – even in local politics.

Peña lost his race to Democratic state Rep. Miguel Garcia 26% to 74% on November 8, 2022. A week later, he tweeted he “never conceded” the race and was researching his options.

According to Albuquerque police, Bernalillo County Commissioner Adriann Barboa’s home was shot at multiple times on December 4, incoming state House Speaker Javier Martinez’s home was shot at on December 8, former Bernalillo County Commissioner Debbie O’Malley’s home was shot at on December 11 and state Sen. Linda Lopez’s home was shot at on January 3.

Peña’s arrest warrant affidavit identifies two of the alleged co-conspirators as Demetrio Trujillo and José Trujillo. According to a relative, Demetrio is José’s father.

“There is probable cause to believe that soon after this unsuccessful campaign, he (Peña) conspired with Demetrio, José, and two brothers, to commit these four shootings at elected local and state government officials’ homes,” Albuquerque police wrote in the affidavit. “Solomon provided firearms and cash payments and personally participated in at least one shooting.”

Albuquerque police said they were investigating whether Peña’s campaign was funded in part by cash from narcotics sales that were laundered into campaign contributions.

Police say José Trujillo, who donated $5,155 to Peña’s failed campaign and listed his occupation as “cashier,” was arrested on January 3 – the night of the last of four shootings – on an outstanding felony warrant.

A Bernalillo County sheriff’s deputy found him with more than $3,000 in cash, nearly 900 narcotics pills worth roughly $15,000 and two guns, one of which was ballistically matched to that day’s shooting, police said. He was stopped driving Peña’s car, said a law enforcement official who spoke on the condition of anonymity because the investigation is ongoing.

Attempts to reach attorneys for the Trujillos were not successful.

Peña previously served almost seven years in prison after a 2008 conviction for stealing a large volume of goods in a “smash and grab scheme,” CNN affiliate KOAT reported.

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Jeff Zients to replace Ron Klain as White House chief of staff

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CNN
 — 

Jeff Zients, who ran President Joe Biden’s Covid-19 response effort and served in high-ranking roles in the Obama administration, is expected to replace Ron Klain as the next White House chief of staff, according to three people briefed on the matter.

Klain is expected to step down in the coming weeks.

The move to replace Klain is particularly important for Biden, who has entered a critical moment in his presidency and his political future. As he continues to weigh whether to seek reelection in 2024, the early stages of a special counsel investigation into his handling of classified documents has rattled Democrats and emboldened congressional Republicans, who now hold the House majority and have pledged their own probes.

Biden decided on Zients after an internal search when it became clear that Klain favored Zients as his successor, a factor that played a big role in the president’s decision. Klain had tapped Zients to lead a talent search for expected staff turnover following the midterm elections, but that didn’t ultimately materialize after Democrats performed better than expected. Klain is now the most significant departure and is being replaced by the person he picked to help bring in new team members.

A source said Klain will continue to be involved and remain close to the West Wing. Biden’s core political and legislative team – which includes Steve Ricchetti, Anita Dunn, Mike Donilon, Jen O’Malley Dillon, Bruce Reed and Louisa Terrell – will continue to advise him. Zients’ new role is being compared to when Jack Lew was Obama’s chief of staff and others, like David Plouffe, focused more on his political portfolio.

Additional political talent is expected to join for the likely re-election campaign, CNN is told.

In replacing Klain with Zients, Biden is turning to a consultant with more business experience than political background as he enters the third year of his presidency.

The decision to pick Zients surprised some internally given that there were differences in Biden’s and Zients’ management styles early on in the administration. But Biden was impressed with his job as the coronavirus response coordinator when Zients inherited what officials described as a “largely dysfunctional” effort by the Trump administration.

Another factor in the search was how this stretch of Biden’s presidency will focus on implementing the legislation enacted in his first two years, and Zients is seen internally as a “master implementor,” one source said. His operational skills were on display as his handled the coronavirus response and helped with the bungled 2013 launch of HealthCare.gov during the Obama administration.

Zients now has a closer relationship with Biden and with his senior advisers and multiple Cabinet members.

While Zients is not viewed as a political operator, his deep experience inside two administrations and his reputation for technocratic skill would likely serve as assets at a time when both are viewed as critical for what Biden faces in the year ahead. Still, he will be tasked with replacing an official who was a central force inside the administration – and someone with a rapport developed over decades with Biden himself.

Klain, who had long planned to depart the White House after Biden’s first two years, has targeted the weeks after the February 7 State of the Union address for the end of his tenure.

A number of top officials had been viewed as top candidates to succeed Klain, including Cabinet members and close Biden advisers such as Ricchetti, counselor to the president, and Dunn, the senior adviser with a wide-ranging strategy and communications portfolio.

But while Zients isn’t among the tight-knit circle of long-tenured Biden advisers, he’s been deeply intertwined with the team since the 2020 campaign, when he served as co-chairman of Biden’s transition outfit.

After the election Biden tapped Zients to lead the administration’s Covid-19 response effort as he entered office with the country facing dueling public health and economic crises. While Zients left that role last spring, he was once again brought into White House operations a few months later when Klain asked him to lead the planning for the expected turnover inside the administration that historically follows a president’s first midterm elections.

Zients was tasked with conducting a wide and diverse search for prospective candidates outside the administration to fill Cabinet, deputy Cabinet and senior administration roles, officials said, in an effort that would be closely coordinated with White House counterparts.

But even as wide-scale turnover has remained minimal for an administration that has taken pride in its stability in the first two years, now, the official leading the planning effort may soon shift into one of, if not the, most critical role set to open.

The White House chief of staff is a grueling and all-consuming post in any administration, and Klain’s deep involvement across nearly every key element of process, policy and politics touching the West Wing only served to elevate that reality.

A long-time Washington hand with ties Democratic administrations – and Biden – that cross several decades, Klain is departing at a moment that officials inside the West Wing have spent the last several months viewing as a high point.

Biden entered 2023 on the heel of midterm elections that resulted in an expanded Senate majority for his Democratic Party and the defiance of widespread expectations of massive GOP victories in the House.

The sweeping and far-reaching cornerstones of Biden’s legislative agenda have largely been signed into law, the result of a series of major bipartisan wins paired with the successful navigation of intraparty disputes to secure critical Democratic priorities.

Biden has made clear to advisers that the successful implementation of those laws – which is now starting to kick into high gear across the administration – is one of their most critical priorities for the year ahead.

But Zients will also inherit a West Wing now faced with a new House Republican majority that is girding for partisan warfare – and wide-scale investigations into the administration and Biden’s family.

This story has been updated with additional information.

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First on CNN: New Mexico AG probing campaign finances of GOP candidate accused of orchestrating shootings

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CNN
 — 

New Mexico Attorney General Raúl Torrez’ office is taking the lead in probing the campaign finances of Solomon Peña, who police say was behind a spate of shootings at Democratic officials’ homes.

The move comes after Albuquerque police said they were investigating whether Peña’s campaign was funded in part by cash from narcotics sales that were laundered into campaign contributions.

“We have formally opened an investigation into the campaign finances,” Lauren Rodriguez, a spokesperson for the attorney general’s office, told CNN.

Peña, a Republican and vocal supporter of former President Donald Trump who lost a state House race in 2022, is accused of hiring and conspiring with four men to shoot at the homes of two state legislators and two county commissioners.

He was arrested Monday and is due to appear in district court on January 23 for a hearing that will determine whether he is detained or released with conditions.

The Albuquerque Police Department said in a statement that investigators believe Peña “identified individuals to funnel contributions from an unknown source to his legislative campaign.”

“Detectives are working with other law enforcement agencies to determine whether the money for the campaign contributions was generated from narcotics trafficking, and whether campaign laws were violated,” the department said in the statement.

Campaign finance records show the single largest contributor to Peña’s campaign was José Trujillo, a man who police say Peña recruited to be part of the team of shooters.

Police say Trujillo, who donated $5,155 to Peña’s failed campaign and listed his occupation as “cashier,” was arrested on January 3 – the night of the last of four shootings – on an outstanding felony warrant.

A Bernalillo County sheriff’s deputy found Trujillo with more than $3,000 in cash, nearly 900 narcotics pills worth roughly $15,000 and two guns, one of which was ballistically matched to that day’s shooting, police said. He was stopped driving Peña’s car, said a law enforcement official who spoke on the condition of anonymity because the investigation is ongoing.

Albuquerque investigators are focused on Trujillo’s large campaign contributions and whether they might have come from drug money, because investigators say Trujillo has no known legitimate source of income and was arrested with drugs and money, the law enforcement official said. In an assault case in which Trujillo was the victim last fall, police records say Trujillo told police he was between homes at the time.

“You have a suspected gunman who claims to be homeless with $3,000 dollars in cash and a bag of drugs making big donations to a campaign. You have to ask yourself where that money is coming from,” said the law enforcement official who spoke on the condition of anonymity.

Trujillo’s mother, Melanie Griego, donated $4,000, according to campaign finance records. But Griego staunchly denied making any campaign contributions in an interview with the Albuquerque Journal, telling the newspaper she lives on a “monthly income” and doesn’t have thousands of dollars to invest in a political campaign.

CNN reached out to Peña’s and Trujillo’s attorney but did not immediately receive a response.

A criminal complaint in the court case against Peña says that Trujillo, his father Demetrio and his two brothers conspired with the failed Republican candidate to shoot up the homes of four politicians. The four have not been charged, but additional charges are expected in the case.

A law enforcement source said Peña met members of the shooting team he allegedly recruited when he was in prison serving time for his role in a smash-and-grab team that specialized in stealing cars and driving them through the windows of big box stores to steal high-end electronics.

Peña had to obtain state court approval to run for office as a convicted felon. The state court concluded that under current New Mexico law, Peña was eligible to run because he had served his sentence and completed his parole.

Gunshots were fired into the homes of Bernalillo County Commissioner Adriann Barboa on December 4; incoming state House Speaker Javier Martinez on December 8; then-Bernalillo Commissioner Debbie O’Malley on December 11; and state Sen. Linda Lopez on January 3, according to police.

Peña lost his race to Democratic state Rep. Miguel Garcia 26% to 74%. A week later, he tweeted he “never conceded” the race and was researching his options.

Barboa said, after November’s election but before the shootings, that Peña – who had embraced Trump’s claims of widespread election fraud on social media – had approached some officials at their homes with paperwork he claimed was evidence of election fraud.

“He came to my house after the election. … He was saying that the elections were fake … really speaking erratically. I didn’t feel threatened at the time, but I did feel like he was erratic,” Barboa told “CNN This Morning” on Tuesday.

CNN has reached out to Peña’s campaign website for comment. On Wednesday, his attorney, Roberta Yurcic, said in an email that the allegations against him are “merely accusations.”

“Mr. Peña is presumed innocent of the charges against him,” Yurcic said. “Mr. Peña and I look forward to a full and fair investigation of these claims. I plan to fully defend Mr. Peña and fiercely safeguard his rights throughout this process.”

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Solomon Peña: Failed GOP candidate arrested on suspicion of orchestrating shootings at homes of Democrats in New Mexico, police say

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CNN
 — 

A Republican former candidate for New Mexico’s legislature who police say claimed election fraud after his defeat has been arrested on suspicion of orchestrating recent shootings that damaged homes of Democratic elected leaders in the state, police said.

Solomon Peña, who lost his 2022 run for state House District 14, was arrested Monday by Albuquerque police, accused of paying and conspiring with four men to shoot at the homes of two state legislators and two county commissioners, authorities said.

“It is believed he is the mastermind” behind the shootings that happened in December and early January, Albuquerque Police Chief Harold Medina said in a news conference.

CNN has reached out to Peña’s campaign website for comment and has been unable to identify his attorney.

Before the shootings, Peña in November – after losing the election – had approached one of the legislators and some county commissioners at their homes with paperwork that he said indicated fraud was involved in the elections, police said.

An investigation confirmed “these shootings were indeed politically motivated,” Albuquerque Mayor Tim Keller said Monday.

“At the end of the day, this was about a right-wing radical, an election denier who was arrested today and someone who did the worst imaginable thing you can do when you have a political disagreement, which is turn that to violence,” said Keller, a Democrat. “We know we don’t always agree with our elected officials, but that should never, ever lead to violence.”

The stewing of doubt about election veracity, principally among Republicans and usually without proof, has exploded nationwide since then-President Donald Trump lost his reelection bid and began propagating falsehoods the 2020 presidential election was stolen. The claims have stoked anger – and unapologetic threats of violence – against public officials down to the local level.

Peña will face charges related to four shootings: a December 4 incident at the home of Bernalillo County Commissioner Adriann Barboa; a December 8 shooting at the home of incoming state House Speaker Javier Martinez; a December 11 shooting at the home of then-Bernalillo Commissioner Debbie O’Malley; and a January 3 shooting at the home of state Sen. Linda Lopez, police said in a news release.

In the latest shooting, police found evidence “Peña himself went on this shooting and actually pulled the trigger on at least one of the firearms that was used,” Albuquerque police Deputy Cmdr. Kyle Hartsock said. But an AR handgun he tried to use malfunctioned, and more than a dozen rounds were fired by another shooter from a separate handgun, a police news release reads.

The department is still investigating whether those suspected of carrying out the shootings were “even aware of who these targets were or if they were just conducting shootings,” Hartsock added.

“Nobody was injured in the shootings, which resulted in damage to four homes,” an Albuquerque police news release said.

Barboa, whose home investigators say was the site of the first shooting, is grateful for an arrest in the case, she told “CNN This Morning” on Tuesday.

“I’m relieved to hear that people won’t be targeted in this way by him any longer,” she said.

During the fall campaign, Peña’s opponent, Democratic state Rep. Miguel Garcia, sued to have Peña removed from the ballot, arguing Peña’s status as an ex-felon should prevent him from being able to run for public office in the state, CNN affiliate KOAT reported. Peña served nearly seven years in prison after a 2008 conviction for stealing a large volume of goods in a “smash and grab scheme,” the KOAT report said.

“You can’t hide from your own history,” Peña told the outlet in September. “I had nothing more than a desire to improve my lot in life.”

A district court judge ruled Peña was allowed to run in the election, according to KOAT. He lost his race to Garcia, 26% to 74%, yet a week later tweeted that he “never conceded” the race and was researching his options.

“After the election in November, Solomon Peña reached out and contracted someone for an amount of cash money to commit at least two of these shootings. The addresses of the shootings were communicated over phone,” Hartsock said Monday, citing the investigation. “Within hours, in one case, the shooting took place at the lawmaker’s home.”

Firearm evidence, surveillance video, cell phone and electronic records and witnesses in and around the conspiracy aided the investigation and helped officials connect five people to this conspiracy, Hartsock said.

Detectives served search warrants Monday at Peña’s apartment and the home of two men allegedly paid by Peña, police said in the news release, adding Peña did not speak with detectives.

Officers arrested Peña on suspicion of “helping orchestrate and participate in these four shootings, either at his request or he conducted them personally, himself,” Hartsock added.

Police last week announced they had a suspect in custody and had obtained a firearm connected to one of the shootings at the homes of elected officials. A car driven at one of the shooting scenes was registered to Peña, the department said.

Authorities had earlier said they were investigating two other reports of gunfire since December – near the campaign office of the state attorney general, and near a law office of a state senator. Detectives no longer believe those two incidents are connected to the other four, police said Monday.

O’Malley, the then-county commissioner whose home police say was shot at in December, is pleased an arrest has been made, she said.

“I am very relieved – and so is my family. I’m very appreciative of the work the police did,” O’Malley told CNN on Monday evening. O’Malley and her husband had been sleeping on December 11 when more than a dozen shots were fired at her home in Albuquerque, she said.

Barboa discovered the gunshots at her home after returning from Christmas shopping, she said.

“It was terrifying. My house had four shots through the front door and windows, where just hours before my grandbaby and I were playing in the living room,” Barboa said in a statement. “Processing this attack continues to be incredibly heavy, especially knowing that other women and people of color elected officials, with children and grandbabies, were targeted.”

Martinez, the incoming state House speaker whose home also was shot at, is grateful a suspect is in custody, he told CNN in a statement. “We have seen far too much political violence lately and all of these events are powerful reminders that stirring up fear, heightening tensions, and stoking hatred can have devastating consequences,” he said.

Correction: An earlier version of this story misspelled Debbie O’Malley’s first name.



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Former US attorney named special counsel in Biden document probe

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CNN
 — 

Attorney General Merrick Garland on Thursday appointed a special counsel to take over the investigation into the Obama-era classified documents found at President Joe Biden’s home and former private office.

The special counsel is Robert Hur, who was nominated to be US attorney in Maryland by then-President Donald Trump in 2017 and he served in the role until his resignation in 2021. He had most recently been working in private practice in Washington, DC.

“I strongly believe that the normal processes of this department can handle all investigations with integrity. But under the regulations, the extraordinary circumstances here require the appointment of a special counsel for this matter,” Garland said. “This appointment underscores for the public the department’s commitment to independence and accountability, and particularly sensitive matters and to making decisions indisputably guided only by the facts and the law.”

He said that Hur will receive “all the resources he needs to conduct his work.”

“I will conduct the assigned investigation with fair, impartial, and dispassionate judgment. I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service,” Hur said in a statement.

The appointment is a major moment for Biden and marks a unique moment in American history with special counsels investigating the current president and his immediate predecessor at the same time. Garland in November appointed a special counsel to oversee the criminal investigations into the retention of national defense information at former President Donald Trump’s Mar-a-Lago resort and parts of the January 6, 2021, insurrection.

The special counsel investigation, along with the aggressive new Republican-led House of Representatives, means Biden may be on the defensive for the next two years.

The appointment comes hours after the White House counsel’s office said in a statement that Biden’s aides located documents with classified markings at two locations inside his home in Wilmington, Delaware. The documents were located in a storage area in Biden’s garage and an adjacent room, the statement reads. Biden frequently spends weekends at the home, located in a wealthy, wooded enclave on a lake.

Speaking Thursday, Biden said the documents were in a “locked garage” and that he was cooperating fully with the Department of Justice.

“It’s not like they’re sitting out on the street,” he insisted when a reported asked why he was storing classified material next to a sports car.

The president said he was going “to get a chance to speak on all of this, God willing, soon.”

White House press secretary Karine Jean-Pierre said that the White House was not given a heads up about Hur’s appointment. However, she could not say exactly when Biden found out the special counsel was appointed, given that he was attending a funeral for former Defense Secretary Ash Carter when the news broke.

“Maybe one of his senior advisers may have told him. I actually don’t know specifically when he knew, but what I can say to you – he was – we were not given a heads up. That I can confirm,” she told reporters during a briefing Thursday afternoon.

The special counsel announcement significantly escalates the existing inquiry, which started as a preliminary review handled by the US attorney in Chicago. This also increases the potential legal exposure for Biden, his aides and lawyers who handled sensitive government materials from his time as vice president. By bringing on a special counsel, Garland is insulating himself from the politically sensitive case, though he’ll still get the final say on whether to bring any charges. When that decision comes, no matter the outcome, it will surely become a major flashpoint in the 2024 presidential race.

The development also further puts the Justice Department and FBI where they don’t want to be – right in the middle of a presidential election for the third straight cycle. Since 2015, there have been near-constant FBI probes into presidents and major candidates: Hillary Clinton’s emails; Trump’s ties to Russia; his efforts to overturn the 2020 election and his hoarding of classified materials; and now Biden’s handling of classified files.

Richard Sauber, special counsel to Biden, said in a statement: “We are confident that a thorough review will show that these documents were inadvertently misplaced, and the president and his lawyers acted promptly upon discovery of this mistake.”

During his news conference, Garland laid out a timeline of events in the case.

The National Archives informed a DOJ prosecutor on November 4 that the White House had made the Archives aware of documents with classified markings that had been found at Biden’s think tank, which was not authorized to store classified materials, Garland said Thursday.

The Archives told the prosecutor that the documents has been secured in an Archives facility. The FBI opened an initial assessment five days later, and on November 14, US Attorney John Lausch was tasked with leading that preliminary inquiry. The next month, on December 20, White House counsel informed Lausch of the second batch of apparently classified documents found at Biden’s Wilmington home, according to Garland’s account. On Thursday morning, a personal attorney for Biden called Lausch and informed him that an additional document marked as classified had been found at Biden’s home.

The additional documents were located following a search of the president’s homes in Wilmington and Rehoboth Beach, Delaware. No classified documents were located in the Rehoboth property, the statement said. The documents were found “among personal and political papers.” Lawyers for Biden concluded their review of the Delaware homes on Wednesday evening.

But key questions remain unanswered about the stash of classified material, including who brought them to Biden’s private homes and what specifically was contained in them.

Garland decided to appoint a special counsel soon after receiving the recommendation last week from US Attorney John Lausch that one was warranted – and before Garland traveled to Mexico with Biden Sunday night, sources told CNN. Lausch led the preliminary inquiry, and Justice Department officials said Garland based his decision on the facts that investigators had presented him.

But one Justice official said the White House’s public statements earlier this week, offering an incomplete narrative about the classified documents from Biden’s time as vice president, reinforced the need for a special counsel. The misleading statements created the impression that Biden’s team had something to hide, the official said.

Several people associated with Biden have been interviewed as part of the Justice Department investigation into the discovery of classified documents from his time as vice president, according to two people briefed on the matter.

The group includes former aides from Biden’s time as vice president who may have been involved in packing and closing out his records and personal items and extends to some individuals who may have had knowledge how the documents discovered on November 2 ended up inside Biden’s office at the Penn Biden Center for Diplomacy and Engagement, the people said.

The names of those interviewed remain unclear. It is possible more interviews may be conducted going forward, one of the people said, though it remains a fluid process.

The Biden issue burst into public view in January, when news reports revealed that a Biden lawyer had discovered 10 classified documents while cleaning out one of Biden’s private offices in Washington, DC. The discovery occurred in November, days before the midterm elections, but Biden’s team kept the matter under wraps and didn’t publicly acknowledge anything until it came out in the press.

CNN reported Wednesday that Biden’s legal team had found another batch of classified documents in a search that began after classified documents were found at his former think tank office in Washington in early November.

The discovery set off alarm bells inside the White House, where only a small circle of advisers and lawyers were aware of the matter. An effort was launched to search other locations where documents from Biden’s time as vice president may have been stored.

CNN previously reported that the initial batch discovered when Biden’s personal attorneys were packing files at his former private office contained 10 classified documents, including US intelligence materials and briefing memos about Ukraine, Iran and the United Kingdom.

Some of the classified documents were “top secret,” the highest level. They were found in three or four boxes that also contained unclassified papers that fall under the Presidential Records Act, CNN has reported.

Classified records are supposed to be stored in secure locations. And under the Presidential Records Act, White House records are supposed to go to the National Archives when an administration ends.

Jean-Pierre has refused to answer a number questions about the documents, citing the Justice Department’s ongoing review of the matter. She has not been able to say who brought the documents into the office.

This is a breaking story and will be updated.



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Biden is facing sharp questions after documents revelation

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CNN
 — 

President Joe Biden is facing sharp new questions about his handling of classified documents as he prepares for a summit with the leaders of the US’ neighboring nations.

The news that several classified documents from Biden’s time as vice president were discovered last fall at his private office in Washington, DC, broke moments after the president’s motorcade had rolled into the National Palace in Mexico City, in a visit that marks a US president’s first visit to Mexico since 2014.

Biden’s lawyers say they found the government materials in November while closing out a Washington, DC-based office that Biden used as part of his relationship with the University of Pennsylvania, where he was an honorary professor from 2017 to 2019.

Fewer than a dozen classified documents were found at the office, another source told CNN. It is unclear what the documents pertain to or why they were taken to Biden’s private office. The classified materials included some top-secret files with the “sensitive compartmented information” designation, also known as SCI, which is used for highly sensitive information obtained from intelligence sources.

Federal officeholders are required by law to relinquish official documents and classified records when their government service ends.

As the news of the classified documents quickly consumed coverage back at home, Biden was busy kicking off a highly anticipated bilateral meeting with Mexican President Andres Manuel Lopez Obrador, where immigration was expected to be among the top issues discussed.

As the moment was unfolding, one senior administration official traveling with the president told CNN that Biden had been in meetings all afternoon ahead of the extended bilateral meeting with his counterpart.

“Nothing has changed in his schedule,” the official said. “He’s focused on the summit and meeting with our closest neighbors.”

On whether advisers have discussed the issue of the classified documents during Biden’s visit to Mexico so far, this official said that as far as they were aware, it had not come up.

Meanwhile, asked by reporters in the room before the bilateral meeting for a response to the classified documents, Biden stayed quiet and at one point appeared to smirk as shouting reporters were ushered out of the room. Seated to Biden’s left during his meeting with the Mexican president: Attorney General Merrick Garland, who has asked the US attorney in Chicago to review the matter, a source familiar with the matter told CNN, a process that is still in a preliminary stage.

The US attorney in Chicago, John Lausch Jr., was appointed by former President Donald Trump in 2017.

A source familiar with the matter told CNN that Biden is still not aware of what is contained in the actual documents. White House officials, who have gone to great lengths to avoid any real or perceived effort to influence the Justice Department, are likely to maintain that posture with this specific review.

Biden wasn’t aware the classified documents were located in the office and didn’t become aware of them until his personal lawyers communicated their existence to the White House Counsel’s office, that source familiar told CNN.

Richard Sauber, special counsel to Biden, said in a statement that the White House is cooperating with the National Archives and Department of Justice.

“The documents were discovered when the President’s personal attorneys were packing files housed in a locked closet to prepare to vacate office space at the Penn Biden Center in Washington, D.C.,” Sauber said in a statement. “The President periodically used this space from mid-2017 until the start of the 2020 campaign. On the day of this discovery, November 2, 2022, the White House Counsel’s Office notified the National Archives. The Archives took possession of the materials the following morning.”

“The discovery of these documents was made by the President’s attorneys,” Sauber added. “The documents were not the subject of any previous request or inquiry by the Archives. Since that discovery, the President’s personal attorneys have cooperated with the Archives and the Department of Justice in a process to ensure that any Obama-Biden Administration records are appropriately in the possession of the Archives.”

The episode has echoes of the scandal that enveloped Trump in late 2021 over scores of classified documents found at his Mar-a-Lago home in Florida during a raid by the FBI. However, there are some key differences between the two scenarios in the Biden team’s telling.

Sauber said Biden’s personal attorneys quickly turned over a small number of classified documents once they were found in a locked space. With Trump, when the National Archives realized key records were missing it was forced to haggle with Trump for months over the return of government documents.

The documents discovered in Biden’s office had never been sought or requested by NARA or any other government entity.

Trump eventually gave 15 boxes of materials back to NARA. But federal investigators later came to correctly suspect that he was still holding onto dozens of additional classified files. So, DOJ prosecutors secured a grand jury subpoena and later got a judge’s permission to search Mar-a-Lago, to find the documents. He is now under investigation by special counsel Jack Smith for potentially mishandling classified documents.

Ever since the FBI searched Mar-a-Lago in August – a search that uncovered dozens of additional classified files – Trump has promoted wild and unfounded allegations about his predecessors’ supposed mishandling of government records. The news about classified records turning up at Biden’s private office is sure to provide new fodder to Trump, who has already announced his 2024 presidential bid.

It also quickly became a flashpoint on Capitol Hill for House Republicans eager to use their new oversight powers on the Biden administration.

Rep. James Comer, who chairs the House Oversight Committee, told CNN he plans to press the National Archives for information about the classified documents removed by Joe Biden during his time as VP. He said he would send a letter to the Archives — which his committee oversees — within the next 48 hours.

“President Biden has been very critical of President Trump mistakenly taking classified documents to the residence or wherever and now it seems he may have done the same,” Comer said. “How ironic.”

House Speaker Kevin McCarthy didn’t say whether he believes House Republican should investigate Biden’s retention of classified documents but said the reaction to Trump holding onto classified documents has been driven by politics.

“I just think it goes to prove what they tried to do to President Trump overplayed their hand on that,” McCarthy said.

“They’ve been around even longer,” McCarthy said of Biden’s team. “President Trump had never been in office before and had just left, came out. Here’s an individual spent his last 40 years in office.”

McCarthy added: “It just shows that they were trying to be political with President Trump.”

Rep. Jamie Raskin, the top Democrat on the House Oversight panel, pointed to what the Biden detailed as key differences between the two instances, noting Biden’s attorneys “appear to have taken immediate and proper action to notify the National Archives about their discovery of a small handful of classified documents found in a locked cabinet at the Penn Biden Center so they could be returned to federal government custody.”

Raskin, of Maryland, said he had confidence Garland had taken the appropriate steps to “make an impartial decision about any further action that may be needed.”

Still, some members of Biden’s own party also expressed concern at the idea of classified documents being found in an improper location.

Two senior Democrats on the House Intelligence Committee – Reps. Adam Schiff and Jim Himes – both told CNN that classified documents must be handled securely, offering their first reaction to news that President Biden may have mishandled classified documents from his time as vice president.

While both men said they hadn’t yet read the facts of the stories about the matter yet, Schiff said, “Obviously if there are classified documents anywhere they shouldn’t be that’s a problem and a deep concern.”

Asked if Congress should look into the matter, Schiff said: “I probably don’t want to say more time until I have a chance to read the article. But I think it ought to be concerning to anyone if classified information is not where it should be.”

Himes told CNN, “Look, classified information needs to stay in secure spaces. So, we’ll wait to see the facts, but, you know, classified information needs to be in secure spaces.”

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Classified documents from Biden’s time as VP discovered in private office, source says

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CNN
 — 

Several classified documents from President Joe Biden’s time as vice president were discovered last fall in a private office, Biden’s attorneys acknowledged Monday.

Attorney General Merrick Garland has asked the US attorney in Chicago to investigate the matter, a source familiar with the matter tells CNN, and congressional Republicans are also taking notice.

Biden’s lawyers say they found the government materials in November while closing out a Washington, DC-based office – the Penn Biden Center for Diplomacy and Global Engagement – that Biden used as part of his relationship with the University of Pennsylvania, where he was an honorary professor from 2017 to 2019.

Fewer than a dozen classified documents were found at Biden’s office, another source told CNN. It is unclear what the documents pertain to or why they were taken to Biden’s private office. Federal officeholders are required by law to relinquish official documents and classified records when their government service ends.

“The White House is cooperating with the National Archives and the Department of Justice regarding the discovery of what appear to be Obama-Biden Administration records, including a small number of documents with classified markings,” Richard Sauber, special counsel to President Biden, said in a statement. “The documents were discovered when the President’s personal attorneys were packing files housed in a locked closet to prepare to vacate office space at the Penn Biden Center in Washington, D.C. The President periodically used this space from mid-2017 until the start of the 2020 campaign. On the day of this discovery, November 2, 2022, the White House Counsel’s Office notified the National Archives. The Archives took possession of the materials the following morning.”

“The discovery of these documents was made by the President’s attorneys,” Sauber added. “The documents were not the subject of any previous request or inquiry by the Archives. Since that discovery, the President’s personal attorneys have cooperated with the Archives and the Department of Justice in a process to ensure that any Obama-Biden Administration records are appropriately in the possession of the Archives.”

CBS News first reported on the documents.

The classified materials included some top-secret files with the “sensitive compartmented information” designation, also known as SCI, which is used for highly sensitive information obtained from intelligence sources.

After the discovery, Biden’s lawyers immediately contacted the National Archives and Records Administration, which started looking into the matter, the source said. Biden’s team cooperated with NARA, which later came to view the situation as a mistake due to lack of safeguards for documents, the source said.

In November, NARA sent a referral to the Justice Department to look into the matter, a source with knowledge of the situation told CNN.

The US attorney in Chicago, John Lausch Jr., is investigating. Lausch was one of the rare Trump-era holdovers who wasn’t asked to resign after Biden’s inauguration. He was appointed by Trump in 2017 and unanimously confirmed by the Senate. Illinois’ two Democratic senators said in 2021 that they wanted Lausch to remain at his top post “to conclude sensitive investigations,” though they didn’t reveal what probes he was working on.

The discovery of the materials come as special counsel Jack Smith is investigating former President Donald Trump for potentially mishandling classified records at his Mar-a-Lago resort in Florida. Federal investigators have recovered at least 325 classified documents from Trump as part of their inquiry.

Republicans are already asking questions.

“President Biden has been very critical of President Trump mistakenly taking classified documents to the residence or wherever and now it seems he may have done the same,” said GOP Rep. James Comer of Kentucky, who is set to become the House Oversight Chairman. “How ironic.”

Comer pointed out that the National Archives falls under his committee’s jurisdiction for oversight but said when they, while in the minority, sent NARA questions related to former Trump, NARA referred Republicans to the Justice Department.

“Maybe they’ll answer our questions now because it pertains to two presidents,” Comer said, adding he plans to ask the archives for more information later this week.

Ever since the FBI searched Mar-a-Lago in August – a search that uncovered dozens of additional classified files – Trump has promoted wild and unfounded allegations about his predecessors’ supposed mishandling of government records. The news about classified records turning up at Biden’s private office is sure to provide new fodder to Trump, who has already announced his 2024 presidential bid.

Biden was critical of Trump when he saw the photograph taken by the FBI that showed an array of documents found on Trump’s property last summer.

“How that could possibly happen? How one – anyone could be that irresponsible?” Biden said. “And I thought what data was in there that may compromise sources and methods? By that I mean names of people who helped or, et cetera. … totally irresponsible.”

This story has been updated with additional details.

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Arizona judge orders Kari Lake to compensate Katie Hobbs for some fees for election lawsuit, but declines to sanction her

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CNN
 — 

A Maricopa County judge on Tuesday ordered Arizona Republican Kari Lake to compensate Democratic Gov.-elect Katie Hobbs for some legal fees related to the election lawsuit Lake had brought challenging her loss, but he stopped short of sanctioning Lake for filing the lawsuit.

Judge Peter Thompson had rejected Lake’s lawsuit on Saturday, concluding that there wasn’t clear or convincing evidence of misconduct and affirming Hobbs’ victory. That Christmas Eve ruling was a major defeat for Lake, who lost to Hobbs by about 17,000 votes in November and sued in an effort to overturn the election.

Attorneys for Hobbs – the current secretary of state – had charged that Lake and her lawyers knew their challenges to the election could not be substantiated, which would violate legal ethic rules. They wanted sanctions against Lake and her team. Thompson did not agree. “The Court finds that Plaintiff’s claims presented in this litigation were not groundless and brought in bad faith,” he wrote on Tuesday.

But he ordered Lake to pay Hobbs $33,040.50 in compensation for expert witness fees and again reaffirmed the election of Hobbs, who will be sworn in on January 5.

The recent rulings are the latest rebuke to election deniers nationwide and harken back to the long stream of legal losses former President Donald Trump suffered in 2020 as he sought to challenge his election loss. Maricopa County, which spans the Phoenix area and houses a majority of Arizona’s population, was a hotbed of unfounded allegations of fraud in the midterms and 2020 election.

In a tweet after the Saturday ruling, Lake, who sat in the courtroom during the trial but did not testify, said she would appeal the decision “for the sake of restoring faith and honesty in our elections.”

A former Arizona television journalist, Lake built her campaign around her support for Trump’s lies about widespread election fraud in the 2020 presidential election. She had since doubled down, falsely claiming she won the 2022 election.

Thompson had previously dismissed eight counts alleged in Lake’s lawsuit prior to trial, ruling that they did not constitute proper grounds for an election contest under Arizona law, even if true. But he had permitted Lake an attempt to prove at a two-day trial last week two other counts involving printers and the ballot chain of custody in Maricopa County.

According to Thompson’s Saturday ruling, Lake’s team had to show that someone intentionally caused the county’s ballot-on-demand printers to malfunction – and as a result of that, enough “identifiable” votes were lost to change the outcome of the election.

“Every single witness before the Court disclaimed any personal knowledge of such misconduct. The Court cannot accept speculation or conjecture in place of clear and convincing evidence,” Thompson wrote.

This story has been updated with additional information.

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Kari Lake: Arizona judge rejects Republican’s election challenge and confirms Hobbs’ victory

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CNN
 — 

An Arizona judge on Saturday rejected Republican gubernatorial candidate Kari Lake’s lawsuit attempting to overturn her defeat, concluding that there wasn’t clear or convincing evidence of misconduct, and affirming the victory of Democratic Gov.-elect Katie Hobbs.

Lake, who lost to Hobbs by about 17,000 votes in November, sued in an effort to overturn the election. Maricopa County Superior Court Judge Peter Thompson allowed a two-day trial on some of Lake’s claims, which concluded late Thursday afternoon.

The court ruling marks a major defeat for Lake, who built her candidacy on her support for former President Donald Trump’s lies about widespread election fraud in the 2020 presidential election. She has since falsely claimed to have won last month’s election.

Saturday’s ruling is also the latest blow for election deniers nationwide and harks back to the long stream of legal losses Trump suffered in 2020 as he sought to challenge his election loss.

In a tweet after the ruling, Lake, who sat in the courtroom during the trial but did not testify, said she would appeal the decision “for the sake of restoring faith and honesty in our elections.”

Thompson previously dismissed eight other counts alleged in Lake’s lawsuit prior to trial, ruling that they did not constitute proper grounds for an election contest under Arizona law, even if true. But he permitted Lake an attempt to prove at trial the two remaining counts involving printers and the ballot chain of custody in Maricopa County.

The county, which spans the Phoenix area and houses a majority of Arizona’s population, was a hotbed of unfounded allegations of voter disenfranchisement in the midterms and 2020 election.

Technical experts who testified in support of Lake provided analysis that “does not nearly approach the degree of precision” needed to conclude that the election results were tainted,” Thompson said in his ruling.

After the election, Lake falsely claimed that a mishap with some printers in Maricopa County was part of a deliberate effort to rig the vote against her. But the judge’s ruling noted that Lake’s “own witness testified before this Court that … printer failures were largely the result of unforeseen mechanical failure.”

According to Thompson’s ruling, Lake’s team had to show that someone intentionally caused the county’s ballot-on-demand printers to malfunction – and as a result of that, enough “identifiable” votes were lost to change the outcome of the election.

“Every single witness before the Court disclaimed any personal knowledge of such misconduct. The Court cannot accept speculation or conjecture in place of clear and convincing evidence,” Thompson wrote.

Maricopa County Board of Supervisors Chairman Bill Gates, a Republican who helps to oversee elections, called the ruling “a win for Arizona voters and American democracy.”

“Arizona courts have made it clear that frivolous political theater meant to undermine elections will not be tolerated,” Gates said in a statement Saturday.

During the two-day trial, Lake’s legal team broadly criticized Maricopa County’s management of the election and claimed that long lines led Republican would-be voters to turn away on Election Day.

Tom Liddy, a lawyer for Maricopa County, faulted Lake’s campaign and the Arizona Republican Party for casting doubt on the validity of early and mail-in votes, which left GOP voters bearing the brunt of minor issues on Election Day.

“That’s political malpractice,” said Liddy, a Republican. “You reap what you sow.”

Maricopa County elections co-director Scott Jarrett detailed the causes of printing problems in some polling places on Election Day that resulted in on-site ballot tabulators being unable to read some ballots.

Jarrett said in some printers, toner wasn’t dark enough – a problem that resulted in voters whose ballots couldn’t be read having to place their ballots in “door 3,” a secure box used for ballots that would need to be counted later at a central location. Jarrett said about 17,000 ballots ended up in “door 3” boxes across the county.

He also said that at three of the county’s 223 sites, “shrink to fit” settings were improperly selected on ballot printers by technicians who were attempting to solve those toner problems. That resulted in about 1,300 ballots being printed slightly too small for on-site tabulators to process.

Those ballots were later duplicated by hand and then counted, he said.

He said he had “no reason to believe” any of the problems were the result of intentional misconduct. All of those votes, he said, were ultimately counted after they were transferred to a bipartisan duplication board.

Lake’s team had also claimed at the trial that employees at Runbeck, a Maricopa County ballot processing contractor, had improperly inserted their own ballots and those of family members into batches to be counted on site, rather than returning those ballots through proper channels.

In response, Rey Valenzuela, the Maricopa County co-director of elections in charge of early voting, said that the county had never authorized Runbeck employees to deliver ballots directly to the Runbeck site and that he was not aware of the contractor’s employees ever having done so.

Lake’s legal team has until Monday to respond. Hobbs is slated to be inaugurated as governor on January 2.

This is story has been updated with additional details.



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‘He knows he lost’: Cassidy Hutchinson testified that Trump acknowledged he lost 2020 election

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Washington
CNN
 — 

Shortly after the 2020 election was called for Joe Biden, then-White House chief of staff Mark Meadows told his aide, Cassidy Hutchinson, that President Donald Trump knew he lost but wanted to keep fighting to overturn the results, according to a newly released transcript from the House select committee investigating the January 6 insurrection.

The transcript of Hutchinson’s September 14, 2022, interview with the committee, which took place after she testified publicly, was released Thursday by the panel. It details post-election conversations that Hutchinson described, where multiple people said Trump acknowledged he had lost but was unwilling to concede.

Hutchinson testified that Meadows told her on November 18, 2020, that Trump “has pretty much acknowledged that he’s lost,” the transcript says.

“A lot of times he’ll tell me that he lost, but he wants to keep fighting it, and he thinks that there might be enough to overturn the election,” Meadows told Hutchinson that day about Trump, according to her retelling of the conversation.

Hutchinson also testified that in late December 2020, Meadows lamented to her that Trump would get upset any time he mentioned the transition, telling the committee that Meadows said something to the effect of: “he’s just so angry at me all the time I can’t talk to him about anything post-White House without him getting mad that we didn’t win.”

“Later in the interview, Hutchinson told the committee she spoke with Meadows immediately after a call with Georgia officials on January 2, 2021, where Trump pushed officials to help overturn the election results there.”

“He said something to the effect of, ‘he knows it’s over. He knows he lost. But we are going to keep trying. There’s a chance he didn’t lose. I want to pull this off for him,’” Hutchinson said, recounting what Meadows told her about Trump.

In a September 15 deposition, Hutchinson echoed her testimony that she heard about Trump fighting with his security detail on January 6, according to another deposition transcript.

Hutchinson, who faced an onslaught of public criticism and pushback from Trump allies after she revealed the story she was told about Trump supposedly lunging at the driver of his presidential SUV on January 6, 2021, because he was angry that they wouldn’t take him to the US Capitol. During that public hearing, she said she heard the story from Tony Ornato, who was serving as deputy White House chief of staff at the time.

But after her public hearing and the avalanche of pushback, Hutchinson said she had “no doubts” about her previous testimony.

“I have no doubts in the conversation that I had with Mr. Ornato on January 6th. I have no doubts in how I’ve relayed that story privately and publicly” Hutchinson said, according to the transcript, which was released Thursday.

She also shared that Ornato made “sarcastic offhand remarks” to her about the story at least two times after he initially mentioned it – on January 19 and April 16 – according to the transcript.

“I have no doubts about the two instances on January 19th and April 16th about the conversation,” Hutchinson added.

In the April 16 call, Hutchinson described a phone conversation to committee investigators where Ornato made a comment like “it could be worse. The president could have tried to kill – he didn’t say kill – the president could have tried to strangle you on January 6.”

Hutchinson acknowledged that Ornato did not specify he was referring to the incident on January 6 but she said, “I assumed from the context of our phone call and from the conversations that we had had while still at the White House that he was referencing that incident. I have no reason to believe that he was referencing any other incident.”

In June, Hutchinson publicly testified that Ornato told her about an altercation between the former president and the head of his Secret Service detail when he was told he could not go to the Capitol on January 6.

The committee wrote in its report summary, which was released Monday, that they were unable to get Ornato to corroborate Hutchinson’s testimony about the alleged altercation in the presidential SUV.

The committee summary said both Hutchinson and a White House employee testified to the committee about the Ornato conversation. But “Ornato professed that he did not recall either communication, and that he had no knowledge at all about the president’s anger.”

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