Another Brick In The Wall

Did Trump know proper declass procedures?

Well, one of his final acts – on the last night of his presidency – was declassifying Crossfire Hurricane material. Here’s his signed order in the Federal Register.

A key member of that process? Mark Meadows.https://t.co/wlUpQo8CJ2 pic.twitter.com/nIWRkMVKPF

— Pete Strzok (@petestrzok) June 7, 2023

Or two:

NEW: Special Counsel has subpoenaed multiple witnesses for Florida grand jury in Trump docs case — with questioning of aide Taylor Budowich today expected to be led in part by Jay Bratt, DOJ’s counterintel chief handling Espionage Act issues. @guardian https://t.co/BA8AXo6rLK

— Hugo Lowell (@hugolowell) June 7, 2023

 I’ve never thought much of Trump’s declassification defense. And no one knows what’s going on outside the special counsel’s office. I’m not going to join the speculation. But it’s a good show from out here in the cheap seats.

To that let me add emptywheel provides some good insight into why a Florida grand jury:

Here's what I wrote about why venue would likely be in Florida in April. https://t.co/sl9njqZlij pic.twitter.com/BvwPoW4iBh

— emptywheel (@emptywheel) June 7, 2023

"793" is the Espionage Act. By her analysis, that’s what gets venue in Florida (because the acts violating the Act were there). Because it puts a burr under my saddle, I only disagree with her “jury charge” analysis (in the link) where she confuses intent with defendant’s personal state of mind. Whether or not Trump is a psychopath who thinks he was entitled to the documents is irrelevant to the question of whether he acted knowingly.. “Knowingly” means acting on purpose, v. negligently.

Let me put it this way (it’s my favorite example). I’m driving down the street and as I look at my radio, little Suzie runs into the street and I kill her. Now, change the facts: my eyes on the road the whole time, I run down little Suzie. The latter is me acting knowingly. The former is me acting negligently. Am I a psychopath in the second example? That might matter if I can raise an insanity defense and my facts fit the allowed defense (it’s complicated). I doubt an insanity defense is allowed to 793. I also can’t see Trump allowing it to be raised, anymore than he’d plead guilty in a plea deal.

Trump knew he was taking the documents, that he was keeping the documents, even that he was hiding the documents. He has publicly claimed he was entitled to the documents. That’s all the “knowingly” a jury needs to find.

Minor point, in the grand scheme of things. But details matter; and ultimately the only story that counts is the one told to a jury. Speculation is fun; but don’t confuse it for reality.