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Could Trump destroy the Epstein files?

In political exile at his mansion in Florida, under investigation for possessing highly classified documents, Donald Trump summoned his lawyer in 2022 for a fateful conversation. A folder had been compiled with 38 documents that should have been returned to the federal government. But Trump had other ideas.

Making a plucking motion, Trump suggested his attorney, Evan Corcoran, remove the most incriminating material. “Why don’t you take them with you to your hotel room, and if there’s anything really bad in there, like, you know, pluck it out,” Corcoran memorialized in a series of notes that surfaced during criminal proceedings.

Trump’s purported willingness to conceal evidence from law enforcement as a private citizen is now fueling concern on Capitol Hill that his efforts to thwart the release of Justice Department files in the Jeffrey Epstein investigation could lead to similar obstructive efforts — this time wielding the powers of the presidency.

Since resuming office in January, Trump has opposed releasing files from the federal probe into the conduct of his former friend, a convicted sex offender and alleged sex trafficker who is believed to have abused more than 200 women and girls. But bipartisan fervor has only grown over the case, with House lawmakers across party lines expected to unite behind a bill on Tuesday that would compel the release of the documents.

Last week, facing intensifying public pressure, the House Oversight Committee released over 20,000 files from Epstein’s estate that referenced Trump more than 1,000 times.

Those files, which included emails from Epstein himself, showed the notorious financier believed that Trump had intimate knowledge of his criminal conduct. “He knew about the girls,” Epstein wrote, referring to Trump as the “dog that hasn’t barked.”

Rep. Dave Min (D-Irvine), a member of the oversight committee, noted Trump could order the release of the Justice Department files without any action from Congress.

“The fact that he has not done so, coupled with his long and well documented history of lying and obstructing justice, raises serious concerns that he is still trying to stop this investigation,” Min said in an interview, “either by trying to persuade Senate Republicans to vote against the release or through other mechanisms.”

A spokesperson for Sen. Adam Schiff (D-Calif.) said that altering or destroying portions of the Epstein files “would violate a wide range of federal laws.”

“The senator is certainly concerned that Donald Trump, who was investigated and indicted for obstruction, will persist in trying to stonewall and otherwise prevent the full release of all the documents and information in the U.S. government’s possession,” the spokesperson said, “even if the law is passed with overwhelming bipartisan support.”

After the House votes on the bill, titled the Epstein Files Transparency Act, bipartisan support in the Senate would be required to pass the measure. Trump would then have to sign it into law.

Trump encouraged Republican House members to support it over the weekend after enough GOP lawmakers broke ranks last week to compel a vote, overriding opposition from the speaker of the House. Still, it is unclear whether the president will support the measure as it proceeds to his desk.

On Monday, Trump said he would sign the bill if it ultimately passes. “Let the Senate look at it,” he told reporters.

The bill prohibits the attorney general, Pam Bondi, from withholding, delaying or redacting the publication of “any record, document, communication, or investigative material on the basis of embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary.”

But caveats in the bill could provide Trump and Bondi with loopholes to keep records related to the president concealed.

“Because DOJ possesses and controls these files, it is far from certain that a vote to disclose ‘the Epstein files’ will include documents pertaining to Donald Trump,” said Barbara McQuade, who served as the United States attorney for the eastern district of Michigan from 2010 until 2017, when Trump requested a slew of resignations from U.S. attorneys.

Already, this past spring, FBI Director Kash Patel directed a Freedom of Information Act team to work with hundreds of agents to comb through the entire trove of files from the investigation, and directed them to redact references to Trump, citing his status as a private citizen with privacy protections when the probe first launched in 2006, Bloomberg reported at the time.

“It would be improper for Trump to order the documents destroyed, but Bondi could redact or remove some in the name of grand jury secrecy or privacy laws,” McQuade added. “As long as there’s a pending criminal investigation, I think she can either block disclosure of the entire file or block disclosure of individuals who are not being charged, including Trump.”

Destroying the documents would be a taller task, and “would need a loyal secretary or equivalent,” said Rhodri Jeffreys-Jones, a professor emeritus and FBI historian at the University of Edinburgh.

Jeffreys-Jones recalled J. Edgar Hoover’s assistant, Helen Gandy, spending weeks at his home destroying the famed FBI director’s personal file on the dirty secrets of America’s rich and powerful.

It would also be illegal, scholars say, pointing to the Federal Records Act that prohibits anyone — including presidents — from destroying government documents.

After President Nixon attempted to assert executive authority over a collection of incriminating tapes that would ultimately end his presidency, Congress passed the Presidential Recordings and Materials Preservation Act, asserting that government documents and presidential records are federal property. Courts have repeatedly upheld the law.

While presidents are immune from prosecution over their official conduct, ordering the destruction of documents from a criminal investigation would not fall under presidential duties, legal scholars said, exposing Trump to charges of obstructing justice if he were to do so.

“Multiple federal laws bar anyone, including the president or those around him, from destroying or altering material contained in the Epstein files, including various federal record-keeping laws and criminal statutes. But that doesn’t mean that Trump or his cronies won’t consider trying,” said Norm Eisen, who served as chief ethics lawyer for President Obama and counsel for the House Judiciary Committee during Trump’s first impeachment trial.

The Democracy Defenders Fund, a nonprofit organization co-founded by Eisen, has sued the Trump administration for all records in the Epstein investigation related to Trump, warning that “court supervision is needed” to ensure Trump doesn’t attempt to subvert a lawful directive to release them.

“Perhaps the greatest danger is not altering documents but wrongly withholding them or producing and redacting them,” Eisen added. “Those are both issues that we can get at in our litigation, and where court supervision can be valuable.”

Jeffreys-Jones also said that Trump may attempt to order redactions based on claims of national security. But “this might be unconvincing for two reasons,” he said.

“Trump was not yet president at the time,” he said, and “it would raise ancillary questions if redactions did not operate in the case of President Clinton.”

Last week, Trump directed the Justice Department to investigate Epstein’s ties to Democratic figures, including Clinton, former Treasury Secretary Larry Summers, and Reid Hoffman, LinkedIn’s co-founder and a major Democratic donor.

He made no request for the department to similarly investigate Republicans.

Times staff writer Ana Ceballos contributed to this report.

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Glen Powell charms on ‘SNL,’ MacGruber returns to destroy Epstein files

If you’ve seen some of Glen Powell’s movies, including “Top Gun: Maverick,” “Hit Man,” “Anyone But You” or “Twisters,” you probably already know that a large part of the actor’s appeal is that he goes down smooth and easy.

With good looks and lots of charm, he’s certainly leading man material. But there’s also a streak, particularly in his Richard Linklater film “Hit Man,” of a goofball comedy nerd dying to break out from that handsome shell (see also: Jon Hamm), even if he was there to promote a new action film, “The Running Man.”

It sure feels like that sensibility is what helped make for a remarkable episode of “Saturday Night Live” with Powell hosting for the first time. It was the silliest episode so far this season, and by some miracle, just about every sketch in the episode worked, at least on a basic comedic level.

Powell wore wigs, most notably in a military sketch about bobs versus bangs; yes, the hairstyles. He did Norwegian and Irish accents in respective sketches about overenthusiastic actors in a Nordic film and one modeled after Liam Neeson’s “Taken” films. He even wore a long ponytail and sang in a pre-recorded musical number about men who miss their ex-girlfriend’s dad (Powell was one of the dads). But he was also a great supporting player to Marcello Hernández in a sketch about comedian Sebatian Maniscalco at a bachelor party and one about a woman (Ashley Padilla) who joins friends at a restaurant after a disastrous hair salon visit. And he did some good silent acting in a visual gag-driven sketch in which AI technology brings old photos to life badly.

It was a week where even the return of former cast member Will Forte, who appeared in three new MacGruber sketches where the character finds out he’s in the Epstein files (explosions follow), didn’t fully overshadow a lot of other very good pieces.

Two quick notes about this week’s episode: Padilla continues to help anchor the show with excellent sketch performances, this time as the hair styling victim, a shocked grandmother in a nursing home and as White House Press Secretary Karoline Leavitt in the cold open. As each episode goes by with Padilla billed as a featured player instead of a full cast member, it feels like a mistake that’s growing.

Second, this was the first time in years that “Weekend Update” had no guest segments. We’ll get to that in a bit.

Musical guest Olivia Dean performed “Man I Need” and “Let Alone the One You Love.”

President Trump (James Austin Johnson) cold opens are getting to be a mixed blessing; the impression is still solid, and the president is certainly in the news enough to warrant addressing every week. But the format of the sketch, beginning with the premise of the news of the week and then being interrupted by a meta Trump monologue, feels reflexive at this point, the easy answer for wrapping up increasingly disjointed and weird news cycles. At the White House, Leavitt downplays news of the release of Jeffery Epstein’s emails, defending the president as, “loving too much and possibly too young.” When a reporter asks about millions of dollars being sent to Argentina, she tries to turn attention back to the files, which leads to Trump appearing and asking questions such as, “If there were something incriminating in the files, why would I cover them up?” and “If I were innocent, wouldn’t I just release the files?” The president offers to sell framed copies of the Epstein emails at $800 a pop. The rambling defense leads to a Trump Multiverse Theory, which posits that Trump exists across many timelines and we happen to live in the worst one.

In Powell’s monologue, the actor admits he’s been so publicized that even he’s tired of seeing his own face. “You know who is not tired of seeing my face?” he asked. “Your mom.” Powell pushed back against the narrative that he was an overnight success; he’s been acting since he was 10, starting with commercials and safety videos, while growing up in Austin, Texas. Powell revealed that he was supposed to host “SNL” four years ago as part of the publicity tour for “Top Gun: Maverick.” But when the movie was delayed because of the COVID-19 pandemic, the offer was put on hold. A UPS driver who showed up when Powell was celebrating the initial news about hosting “SNL” ended up in a selfie with the actor and his family. Powell said his sisters tracked down the driver and Powell invited him to come see the show. Thus, Mitch the UPS Driver appeared in the monologue and again at the end of the show for the goodnights. Glen ended the monologue saying, “The best things in life don’t happen overnight. No one knows that better than UPS.”

Best sketch of the night: AI has not advanced enough to get crotches right

A family is visiting their grandmother for Thanksgiving at an assisted-living facility and as a treat, they’ve used an app to animate some of her old black-and-white photos using artificial intelligence. But the AI can only imagine so much; it brings to life a dog with tails on both ends instead of a head, an old family friend who takes off his pants to reveal a Ken doll-like crotch (Mikey Day) and a horrifying baby that folds like an accordion as an atom bomb goes off in the background. Padilla’s reactions and the silent comedy from Day and Powell take this sketch over the top.

Also good: Of course MacGruber is in the Epstein files, how could he not be?

It’s always nice to see Will Forte back on “SNL,” and this time he brought back his most popular character for three short video segments continuing the story of MacGruber, the tech wiz who always ends up failing to disarm a ticking time bomb. This time, the clock is ticking as MacGruber’s companions (Powell and Chloe Fineman) figure out that MacGruber is in the Epstein files. Their first clue? Just after thumbing through a copy, he immediately tries to shred the entire document. Over three sketches, MacGruber stalls, deflects, then eventually decides to testify against those who actually engaged in behavior worse than his on Epstein’s island — until he finds out he could get paid lots of money to keep quiet. Cut to the sketch-ending explosion.

‘Weekend Update’ winner: No guest segment, but two very funny bits

Usually on “Weekend Update,” cast members such as Bowen Yang or guests come on to do a few minutes as a character or as themselves. This week, there apparently wasn’t time for that, so “Update” was nothing but Colin Jost and Michael Che jokes. There were two that stood out, however. One was about a salacious rumor involving Trump and former President Bill Clinton that’s very difficult to discuss in detail in this space. A video that ended up with a very obviously spliced piece of audio as a punchline went over so well Jost had to stop to collect himself from laughing so hard. The other was a great, simple joke about the U.S. Mint ending production of pennies. “Makes no cents!” Che exclaimed. Nice one, Che.

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