Playing With Your Food

You tweeted three times about this on Monday night/Tuesday.

You're in the Gang of Eight.

You've been silent since then.

What happened? Merrick Garland ate you for lunch? https://t.co/3tSQIel1S9

— Alan Stacey (@AlanVRK) August 12, 2022

Also wondering: are we still going to defund the FBI?

Breitbart and Matt Boyle getting fed the warrant, then being unable to describe what’s actually in it because it would make Trump look bad, is incredibly funny. https://t.co/N6KqldWbSd

— Will Sommer (@willsommer) August 12, 2022

I mean, do we want the FBI to investigate espionage, or not?

Media: @eliehonig to @VictorBlackwell: "The @WSJ is reporting [https://t.co/yZUoWxeTlP] there were not just classified documents but 4 layers including the top, 'SCI,' recovered from Mar-a-Lago. If people ask, 'Why a search warrant?' this will be a big part of #DoJ's answer." pic.twitter.com/jxeb28CvOt

— Porter Anderson (@Porter_Anderson) August 12, 2022

And enough with the "Trump used Double Super Secret Declassification to make this all okay!" argument:

For those in the back who have not been listening, let me say this one last time. Declassification had to be done and completed for each individual document before noon on 1/2/2021.

No indication Trump made sure that was done for these docs. A verbal statement is not enough. https://t.co/cDjdLacL0p

— Bradley P. Moss (@BradMossEsq) August 12, 2022

I read Davis's Twitter argument and case law citation to justify his position, and it's clear he doesn't know the law and doesn't understand how case law works. And from what I understand the Espionage Act isn't limited to classified documents, so it doesn't matter what Trump claims he did.  Besides, to make that claim he's going to have to take the stand in a criminal trial and offer it as a defense.  Which is something he doesn't want to do.

I also assume Bradley Moss is right, and a  simple "Because I said so!" is not enough to establish the act.

I'm sure Trump will rely on the "but my lawyers told me I could!" defense.  If it gets that far.

The warrant shows the criminal statutes invoked related to obstruction and espionage

— Maggie Haberman (@maggieNYT) August 12, 2022

I know that's very vague language, but it raises a question I'm interested in:  does it matter if these documents were classified?  Some were, but is that germane to the elements of the crimes stated in the application for the warrant?  I think this has more to do with government property (not usually a major DOJ concern, as long as they get it back, I understand) and espionage (a different kettle of fish altogether).  The documents are only a small portion of what may be a much larger (and as yet publicly unseen) picture of Trump dealing in government secrets; or trying to.  I think that's where it gets interesting, else why did he have these records at all?

Specifically, it criminalizes the concealment or destruction of materials to "influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States."

The latter prong is broad and raises interesting questions.

— Renato Mariotti (@renato_mariotti) August 12, 2022

There's more to this than Trump took what didn't belong to him.

I won't say we're there yet, until we're there. But this is getting curiouser and curiouser, if we never get there.

Imagine leaking the warrant to Breitbart and expecting it to go well. What a clown show.

— LightReadingMaterialHat (@Popehat) August 12, 2022

References Breitbart not redacting the names of the FBI agents on the documents (WSJ did), but yeah, I'm confused as to why Trump released this at all, rather than let the court do it.