StmarysCity79
Well-Known Member
Even a cursory review of the redacted version of the affidavit submitted in support of the government’s application for a search warrant at the home of former President Donald Trump reveals that he will soon be indicted by a federal grand jury for three crimes: Removing and concealing national defense information (NDI), giving NDI to those not legally entitled to possess it, and obstruction of justice by failing to return NDI to those who are legally entitled to retrieve it.
When he learned from a phone call that 30 FBI agents were at the front door of his Florida residence with a search warrant and he decided to reveal this publicly, Mr. Trump assumed that the agents were looking for classified top-secret materials that they’d allege he criminally possessed. His assumptions were apparently based on his gut instinct and not on a sophisticated analysis of the law. Hence, hispublic boast that he declassified all the formerly classified documents he took with him.
Under the law, it doesn’t matter if the documents on which NDI is contained are classified or not, as it is simply and always criminal to have NDI in a non-federal facility, to have those without security clearances move it from one place to another, and to keep it from the feds when they are seeking it. Stated differently, the absence of classification — for whatever reason — is not a defense to the charges that are likely to be filed against Mr. Trump.
Yet, misreading and underestimating the feds, Mr. Trump actually did them a favor. One of the elements that they must prove for any of the three crimes is that Mr. Trump knew that he had the documents. The favor he did was admit to that when he boasted that they were no longer classified. He committed a mortal sin in the criminal defense world by denying something for which he had not been accused.
www.washingtontimes.com
When he learned from a phone call that 30 FBI agents were at the front door of his Florida residence with a search warrant and he decided to reveal this publicly, Mr. Trump assumed that the agents were looking for classified top-secret materials that they’d allege he criminally possessed. His assumptions were apparently based on his gut instinct and not on a sophisticated analysis of the law. Hence, hispublic boast that he declassified all the formerly classified documents he took with him.
Under the law, it doesn’t matter if the documents on which NDI is contained are classified or not, as it is simply and always criminal to have NDI in a non-federal facility, to have those without security clearances move it from one place to another, and to keep it from the feds when they are seeking it. Stated differently, the absence of classification — for whatever reason — is not a defense to the charges that are likely to be filed against Mr. Trump.
Yet, misreading and underestimating the feds, Mr. Trump actually did them a favor. One of the elements that they must prove for any of the three crimes is that Mr. Trump knew that he had the documents. The favor he did was admit to that when he boasted that they were no longer classified. He committed a mortal sin in the criminal defense world by denying something for which he had not been accused.
Why Donald Trump will soon be indicted
What will former President Donald Trump say in his defense to taking national defense information? I cannot think of a legally viable one.
