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Special counsel blasts judge’s jury instruction request in Trump documents case

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In perhaps prosecutors’ strongest rebuke yet to how Judge Aileen Cannon has handled the classified documents case against former President Donald Trump, special counsel Jack Smith said in court filings late Tuesday evening that the judge had ordered briefings based on a “fundamentally flawed” understanding of the case that has “no basis in law or fact.”

Smith’s team harshly critiqued Cannon’s request for jury instructions that embraced Trump’s claims that he had broad authority to take classified government documents and said it would seek an appeals court review if she accepted the former president’s arguments about his record-retention powers.

In an unusual order last month, Cannon asked attorneys on the classified documents case to submit briefs on potential jury instructions defining terms of the Espionage Act, under which Trump is charged over mishandling 32 classified records. Specifically, Cannon asked the special counsel and defense attorneys to write two versions of proposed jury instructions.

The first scenario would instruct a jury to assess whether each of the records that Trump is accused of retaining fell into the categories of “personal” or “presidential” as laid out by the Presidential Records Act, a post-Watergate law that governs how White House records belonging to the government are to be handled at the end of a presidency.

The second version Cannon asked for assumes that as president, Trump had complete authority to take records he wanted from the White House, which would make it nearly impossible for prosecutors to secure a conviction. If she were to institute this sort of instruction, Smith’s team said, “the Government must be provided with an opportunity to seek prompt appellate review.”

“Both scenarios rest on an unstated and fundamentally flawed legal premise — namely, that the Presidential Records Act and in particular its distinction between ‘personal’ and ‘Presidential’ records, determines whether a former President is ‘authorized,’ under the Espionage Act, to possess highly classified documents and store them in an unsecure facility,” the special counsel’s team wrote.

If allowed to be presented to a jury, prosecutors said, “that premise would distort the trial.”

Cannon’s request came days after she heard arguments over whether the Presidential Records Act granted the former president broad authority to characterize any record from his time in the White House as personal. Trump’s attorneys claim he did have that authority and have asked the judge to throw out the criminal charges.

In their own proposed jury instructions filed Tuesday evening, Trump’s defense attorneys suggested that, in the first hypothetical, Cannon tell trial jurors that Trump was “authorized” by the PRA to “possess a category of documents defined as ‘personal records,’ both during and after his term in office.”

In the second scenario, defense attorneys wrote that “there can be no appropriate jury instructions relating to factual issues … because that scenario forecloses prosecution of President Trump.”

Trump’s proposal also challenges Smith’s ability to prove the former president kept the documents “knowingly,” meaning he was aware it was against the law. “Medical science has not yet devised an instrument which can record what was in one’s mind in the distant past,” Trump’s attorneys wrote.

Prosecutors have repeatedly said that PRA is not relevant to the charges against Trump, as the conduct he is accused of happened after his term as president ended. Trump’s claim that he deemed the records personal are “pure fiction,” invented once the National Archives had retrieved boxes with classified information from Mar-a-Lago two years after he left office, they wrote Tuesday.

Their new filing sheds light on some of the evidence that investigators have collected about Trump’s record-keeping habits during his presidency. According to the prosecutors’ account, there is no evidence that Trump designated the relevant classified records as personal when he left the White House, and the prosecutors said he got the idea that he did have such power many months later, from the leader of a conservative legal organization.

Cannon appeared skeptical that the charges should be outright dismissed during the hearing, but she said that Trump’s attorneys were making “forceful” arguments that may be appropriate to present to a trial jury.

Still, Cannon has not made an official ruling on the request to dismiss the case, and her request for hypothetical jury instructions appear to show that the judge is still considering how, or if, the PRA fits into the case at large.

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‘Firenado’ spotted above explosive Park fire near Chico

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As the state’s largest wildfire of the year was doubling in size Thursday evening, explosive flames spun up into the atmosphere, swirling in a way that can only be described as tornado-like — a real life example of the firenado phenomenon.

Video of the massive fire whirl was captured by AlertCalifornia wildfire cameras, displaying the extreme fire behavior that is driving the massive and fast-moving Park fire across Butte and Tahoma counties.

The blaze has grown past 178,000 acres as of Friday afternoon, forcing thousands of evacuations and burning more than 100 buildings. Officials say the fire started Wednesday in Chico due to an act of arson.

“At this point, the fire is kind of creating its own weather, and that can be pretty unpredictable,” said Courtney Carpenter, a meteorologist with the National Weather Service in Sacramento. “Really big, explosive wildfires can create thunderstorms. They can make whirling fire plumes that can mimic tornadoes.”

Meteorologists tracked those massive, rotating smoke plumes on the radar Thursday night, Carpenter said, a characteristic of “explosive fire growth.”

She said the wildfire also generated thunderstorm clouds, but didn’t quite trigger lightning, which some particularly unstable fires have created before.

Watching the fire produce massive smoke rotations — and maybe even several vorteces — showed off the blaze’s rare and powerful nature, said Daniel Swain, a climate scientist at UCLA, on his YouTube channel. He said the Park fire had “super-cell thunderstorm-like characteristics.”

There is growing recognition that extreme wildfires can produce other dangerous phenomena that are not directly related to the flames alone, Swain said.

It’s not unusual to see fires modify their environment by causing localized wind currents, but large fires such as the Park fire can even start to “generate their own Mesoscale weather systems that look a lot like severe thunderstorms,” he said.

He added that new research is also finding that climate change is increasing the magnitude and frequency of such behavior, as well as bringing it to new regions.

“There is evidence that these large and potentially dangerous pyro-cumulonimbus events are increasing in a warming climate as fire intensity increases,” he said.

Carpenter said the weather service doesn’t issue tornado warnings when fire whirls develop because residents in the area should already be evacuated. More than 4,000 people have been issued evacuation orders from communities in and around northeast Chico and in parts of southern Tehama County.

“We urge people to follow the local orders from local officials,” Carpenter said. “Keep an eye on things and be ready to go if you live in the vicinity of the fire.”



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Donald Trump Seen in Public Without Ear Bandage

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Donald Trump ditched his ear bandage for his meeting with Israeli Prime Minister Benjamin Netanyahu on Friday. The former president’s right ear returned to public life after being injured during the assassination attempt on the former president on July 13.

The former president’s large bandage became an impromptu fashion statement during the Republican National Convention with some attendees donning DIY wound dressings. Following the convention, Trump swapped out his bulky white gauze for a thin nude bandage.

Photos from Trump’s sit down with Netanyahu appear to show the former president’s ear intact without major scabbing or scarring. In one image, the former president points out the site of injury to the Israeli prime minister.

According to former White House physician Ronny Jackson, a bullet took the top of Trump’s ear off. On Wednesday, however, FBI Director Christopher Wray said that investigators did not know if the former president was grazed by a bullet or shrapnel during the shooting.

Jackson slammed the FBI Director in a letter posted on Truth Social in which he doubled down on his claim that Trump was struck by a bullet and said Wray was “wrong and inappropriate to suggest anything else.”

The former president’s campaign spokesperson also responded to Wray’s comments, calling his sworn testimony “conspiracy bullshit.”

Read more at The Daily Beast.

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How to Stick to a Cleaning Schedule Even When You Don’t Have Time to Clean

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When you’re done with work, have your kids’ business all handled, dinner is cleaned up, and you’ve finished up any of the other seemingly endless daily tasks, what’s the last thing you probably want to do? For me—and likely you—it’s cleaning. When all you want to do is sit down, finding the motivation to clean and sticking with a routine are hard, which is why there are so many books and techniques floating around out there, telling you how to do it. You can read all the best-sellers on the subject you want, but none of it matters unless you have a schedule and find a way to stick to it. That’s really the key to keeping your small messes from turning into big ones—and you definitely don’t have time to deal with that.

First step: Pick a cleaning approach

You have options when it comes to how you want to approach your cleaning. Select a pre-defined cleaning and/or decluttering method and commit to sticking to it. To get in the swing of scheduling daily cleaning time, I recommend micro-decluttering or the calendar method, as these already rely on a bit-by-bit methodology that lends itself perfectly to pre-planned cleaning sprees. With micro-decluttering, you select a small space, like a single drawer or nightstand, then spruce it up. That’s really it. Instead of trying to tackle a whole room, you focus on something small, reap the motivational reward of getting something done even when you’re tuckered out, and slowly work toward an overall cleaner space. The calendar method is similar, but you take a look at the date, then throw or put away the corresponding number of items. Since today is the 26th, I’d toss or put away 26 things. Toward the end of the month, it gets overwhelming, but those early-month days are a welcome respite before the number picks back up again.

Generally, sketch out a timeline for this. The first week of the month can be for your kitchen, the second week for the bathroom, the third week for the bedroom, and so on. Even just a very general guideline for what room you should be focusing on will help you out when cleaning time rolls around each day, so you’re not overwhelmed trying to decide what to take on. Then, pick a time—and stick to it, to the best of your ability. If you get home from work every day at 5, make 5:45 your designated cleaning time. You won’t always make it, but try to commit to cleaning a little every day. Even on days when I’m booked solid, I try to clean something small before I go to bed. Sometimes, all I can do is scrub out a sink or organize my kitchen table. Still, that’s enough. I go to bed feeling like I did something, at least, and the feeling of accomplishment helps motivate me to do it again the next day, ideally a little more intensely.

Second step: Consider a planner or an app

There are quite a few apps out there that can help you clean up and stay on schedule. Most of them send push notifications and tell you exactly what to focus on for the day. If you need that kind of direction, try them out. Personally, I like to choose what I clean and when I clean it after a long day. That’s why I like to use a planner or just keep a note in my phone.

Use a simple, inexpensive planner to mark out which rooms you’ll take on in a given week and block out the time you set to do the cleaning. Set an alarm in your phone if you have to so you remember to clean every day at the same time.

Optional third step: Use a reward system

I am extremely motivated by rewards, which is why I am constantly downloading and recommending apps that give me something in exchange for using them. This is true in all aspects of my life, even my cleaning schedule. To me, there is no intrinsic reward for tidying up; some people feel good during or after cleaning, but I’m simply not one of them. If I’m toiling for the sake of toiling, I hate it. If I’m toiling in an effort to earn something, however, I’m the hardest worker you’ll ever meet. The reward I give myself for staying on top of my cleaning schedule is hiring a professional cleaner to come in once a month. I work on my cleaning so the place is livable and nice, then allow myself the privilege of letting a true master put the deeper, finishing touches on my apartment. Plus, knowing a real neat freak is coming soon motivates me to clean more, so the pro won’t be over-burdened or, frankly, judge me.

A professional cleaner might be a little spendy, depending where you live, or you might not need it if you clean hard enough on your own during your scheduled sprucing-up time. If that’s the case, think of a different reward that works for you. If you clean your whole bedroom over the course of a week, for instance, maybe you earn a new throw pillow for the bed or a big ice cream cone. You can even use days off as a reward. Clean at the same time from Monday to Friday and take Saturday and Sunday off, but only if you stick to your schedule and make progress. This is where the planner comes in extra handy: Keep notes of what you do, when you do it, and how much progress you made every day, so you can look back at the end of the week and determine if you can get the throw pillow, the days off, or whatever floats your boat.

Overall, the goal here is to do this in manageable chunks. It really only takes 15 to 20 minutes per day to clean up one spot around the house and if you stick with that schedule, you won’t feel overwhelmed the way you might if you were staring down a tremendous mess. Even if you are staring down a tremendous mess, rely on the schedule to tackle it bit by bit so you don’t burn out. Over time, it will get done and you will stay more motivated to do it.





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