Saturday, May 27, 2023

QOTD: Adding To Trump's Legal Liability

 

From attorney Norm Eisen, assessing the legal peril the Malignant Loser faces with the classified documents case, based on reporting from the Washington Post:

"If Trump instructed his employees to move documents for the obvious purpose of concealing them from investigators — especially if they practiced doing so — then that would speak directly to Trump’s intent in this matter. In light of a grand jury subpoena requiring the return of the classified documents, he would appear to have taken brazen steps to thwart the subpoena and interfere with the Justice Department’s investigation. That intent meets the requirements for an obstruction of justice charge under 18 U.S.C. 1519. 

Similarly, if Trump had really showed off classified documents to people at Mar-a-Lago, then that would add to what we already know of his legal liability. Just by retaining the documents, Trump would face liability for apparent willful possession and retention of the classified documents pertaining to national defense. Under section 793(e) of the Espionage Act, it is a criminal offense for a person without authorization to willfully retain classified documents and fail to deliver them to an officer or employee of the United States entitled to receive them.

There's no question that he showed them to visitors, guests, if only to brag about his access to them (see this story about third rate rocker Kid Rock). The more weighty question is if he showed them to foreign nationals or shared their contents for personal gain or revenge / extortion. We'll find out in the weeks ahead.


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