I think you’re misunderstanding my objection. As I said upthread, Trump has an absolute right to review any evidence being used to convict him. The executive branch, via Jack Smith and his team, understand this. It’s a non-issue here. He will see it and he’s entitled to see it.
It’s the proposed accommodation by Trump that the government build or recommission a SCIF at Mar-A-Lago that’s chapping my hide. He can review the stuff in an already-built SCIF somewhere not on his personal premises.
I believe he is entitled to building or recommissioning a SCIF at Mar-a-Lago… at his own expense. I believe the government has no obligation to pay for it.
Understood, but I think you missed my point. The judge cannot impose Trump’s request for a SCIF. It’s literally impossible, because certifying a SCIF is within the absolute discretion of the executive branch. And it’s also within the executive’s discretion who can see information that they’ve classified.
That doesn’t deny Trump’s right to see the evidence against him, but the only remedy the judge can impose is excluding the classified evidence from the trial. That remedy may be enough that the executive branch uses its discretion in particular ways, yet it wouldn’t be on the judge’s orders, but only to avoid the sanctions.
Belief. I could build a SCIF at my house if I wanted to. (Of course even if it is 100% compliant, it would still have to be certified by the controlling agency.)
Correct. She can order the executive to do or else have the evidence excluded. And they can pick their poison, but it’s completely their choice. (Also, they can appeal to a higher court.)
Why would they need to build a new SCIF? There are SCIFs in existence, aren’t there? Why not use one that already exists? Let Trump travel to the Pentagon to review the documents.
“I’m allowed to take these documents, classified or not classified,” he told Kelly. “And frankly, when I have them, they become unclassified. People think you have to go through a ritual. You don’t — at least in my opinion, you don’t.”
Yet another confession!
[Note to Trump: Your opinion doesn’t change the ritual law.]