OPINION: It seems likely that former President Donald Trump will allege that he declassified the documents that he took to Mar-a-Lago before he left office. If that claim is presented to the courts, either by legal pleadings or testimony, it will raise several related issues. The first is a question of law, the second is an issue of evidence, and the third is one of procedure.
>These factual disputes would have to be resolved by 12 jurors if the government were to present sufficient evidence to warrant its submission to a jury.
The problem is that ideologically motivated judges and juries are entirely willing to ignore matters of law and fact, and convict the ham sandwich.
You are 100% correct. A sitting president has the authority to declassify documents, therefore there were no classified documents at Trump's home. Furthermore, there is no protocol for the declassification process, and as existing negotiations with the NA were underway, to return certain documents, there is no case for obstruction.
I don't understand where are the civil liberties people from my youth. Trump, Jan 6th, censorship? But to this. Trump has a defense. Biden has none, zero, zilch. So if Trump goes to jail while Biden does not, where are you civil liberties people. Did you like to me as a child? Are you just commies who hate America and used civil rights as a way to get your way without have ANY values, none at all.
“Theoretically, there could be evidence that Mr. Trump told an associate that he was taking classified material with him, knowing it was still classified. It is extremely unlikely that any such evidence exists.”
What about the post-presidency recording where he discussed having classified documents?
There is a catch-22 here, Professor: We still don't know what exactly was in those documents, because they are classified. No? If they are indeed "declassified" as Mr. Trump claims, then why are they not all published by the defense already?
This is a very cogent argument against any such prosecution-if Trump declassified the documents, there is no case.
As always, this was an interesting and enlightening read.
>These factual disputes would have to be resolved by 12 jurors if the government were to present sufficient evidence to warrant its submission to a jury.
The problem is that ideologically motivated judges and juries are entirely willing to ignore matters of law and fact, and convict the ham sandwich.
You are 100% correct. A sitting president has the authority to declassify documents, therefore there were no classified documents at Trump's home. Furthermore, there is no protocol for the declassification process, and as existing negotiations with the NA were underway, to return certain documents, there is no case for obstruction.
Very clear. Thanks!
I don't understand where are the civil liberties people from my youth. Trump, Jan 6th, censorship? But to this. Trump has a defense. Biden has none, zero, zilch. So if Trump goes to jail while Biden does not, where are you civil liberties people. Did you like to me as a child? Are you just commies who hate America and used civil rights as a way to get your way without have ANY values, none at all.
“Theoretically, there could be evidence that Mr. Trump told an associate that he was taking classified material with him, knowing it was still classified. It is extremely unlikely that any such evidence exists.”
What about the post-presidency recording where he discussed having classified documents?
https://www.politico.com/news/2023/06/01/donald-trump-classified-documents-recording-00099625
There is a catch-22 here, Professor: We still don't know what exactly was in those documents, because they are classified. No? If they are indeed "declassified" as Mr. Trump claims, then why are they not all published by the defense already?