This is somewhat circular logic though. If you argue that classification matters, but only if the classification was proper, and it’s only proper if the content of the documentation included legitimate national security secrets, then all you’re really saying is that the only thing that matters is the content. And therefore, classification doesn’t matter.
FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024
I am referring to the obstruction charges.
Trump was served with a subpoena and he’s charged with obstruction for going to great lengths to defy that subpoena. These charges are not related to the espionage act and the classified status of the documents in question are irrelevant.
He arranged for Nauta to hide things responsive to the subpoena and tricked his lawyer into telling DOJ that they had turned over all responsive documents.
I see your point, but I think we agree. Because the “logic” comes to the correct conclusion for the inverse. Ie…Classification process matters, and if it was properly NOT classified because it did not include legitimate national security secrets, then all I’m saying is the information almost certainly doesn’t contain national security secrets (ie, NDI).
To say another way, I’m saying the merits of determining information worthy of being classified matters - one way or the other. Hopefully I’m explaining it with enough clarity. Maybe it’s the word usage, because that does matter here. But NDI, sensitive info, national security secrets - that’s kind of interchangeable for my point.
Sorry about that. I went too fast through the posts. If it matters, I agree with you re obstruction, especially after the subpoena was issued.
I agree, that’s why I felt obliged to earlier link to an article discussing how the US has a problem with overclassifying documents.
It’s funny but under some laws you could be prosecuted for mishandling national secrets that aren’t classified, and under others you could be prosecuted for mishandling classified documents that don’t really have anything at all sensitive in them.
Re: the distinction between classified and national defense information.
Whether or not something is national defense information is a question that is left to the jury. Not all classified docs are national defense information and not all national defense information is classified. That said, classification would be a pretty good rule of thumb all things being equal.
But in this case, all things are not equal. Jack Smith didn’t charge Trump with every single document that DOJ recovered from Mar-a-lago. He charged Trump (under 793e aka the espionage act) for exactly 31 documents. And you can bet that it will be clear and easily provable beyond a reasonable doubt that these particular documents are national defense information regardless of classification. Furthermore, at least one of the documents is in a category that the president can’t unilaterally declassify (docs concerning nuclear programs covered by the Atomic Energy Act).
The ‘Trump declassified everything’ argument won’t be a big part of the trial if it comes up at all, because it doesn’t help Trump even if they win the argument and it’s not something that Jack Smith needs to prove.
The Trump team may use some form of this argument attempt to cause delay related to discovery and such. But it’s not a serious legal argument, it’s at best a distraction.
A new lawyer for employee number 4! And now he has retracted false testimony. Public defender lawyer.
Key witness now.
Breaking news on msnbc.
There is breaking news that employee # 4 got a new attorney and has retracted previously false testimony. The new testimony implicates Nauta, De Olivera and Trump.
ninja’d
Rut-roh.
Smith has flipped Defendant #4 in the superseding indictment, and that witness has indicated that Trump, De Oliveira and Nauta lied and destroyed video evidence after the DOJ subpoenaed for it.
ETA Double-ninja’d!!
Are we all watching Andrew Weismann?
I am, yes. Charlie Sykes is speaking now.
This has just gotten way more interesting.
Interesting in the sense that it’s a (to use the official legal term) slam dunk case, and I wonder what Cannon can do to protect Trump from this evidence. Maybe throw it out?
I’m reckoning on cannon not being the final trial judge. She is on the edge.
Do we know who employee #4 might be?
So, this would be Yuscil Taveras, Mar-A-Lago’s IT Director?
Damn. That’s gonna’ leave a mark.
Single Malt
(the threshold is ineffably lowering. Don’t judge)
ETA: looks like …
Yuscil Taveras is one smart cookie.
Thanks David. I bet Yuscil is just the first of many.
Honest question–what is his life expectancy? I hope the DOJ is fully on this.
I’m confident they are all under protection of the DOJ.
Is this breaking news? I thought this was old news.
Taveras was previously represented by Woodward (Nauta, lots of other witnesses attorney), but switched awhile back after receiving a target letter. I thought his new testimony was the basis for the superseding indictment.
Maybe learning new details about that?