Just So We’re Clear

Having read the indictment (4x's now), the amount & type of classified information Trump took, hid, did not secure, and refused to give back is, IMHO, gobsmacking.

Many analysts have called them "war plans." I doubt any documents fit into that specific contingency category. 2/

— MarkHertling (@MarkHertling) June 13, 2023

I have seen intel agencies, military units, foreign service officers put sweat & blood into providing these documents, making sure they are accurate.

All those individuals KNOW they must get it right, because their work, their assessments, are provided to key decision-makers. 4/

— MarkHertling (@MarkHertling) June 13, 2023

None of these are "personal papers." These documents provide information/intelligence - gathered through the use of US capabilities, put together by really smart, dedicated, patriotic individuals - to be used by US officials to defend against all enemies, foreign & domestic. 6/

— MarkHertling (@MarkHertling) June 13, 2023

As a military leader in command of different organizations, I "used" each kind of the type of documents found in the trove at MAL.

Each kind: Secret, Top Secret, TS-SCI, TS-HCI, NOFORM, TK, even the kinds of ones that were "redactted" (mostly likely various code word). 8/

— MarkHertling (@MarkHertling) June 13, 2023

Yes, the President has declassification authority.

But that requires a process that then protects a LOT of people. Anyone who says otherwise is a moron.

And anyone who says someone can do it after leaving their leadership role is even more moronic. 10/

— MarkHertling (@MarkHertling) June 13, 2023

This is a tiresome trope by now. There are procedures under law for declassification, and some that specifically by law cannot be declassified. The President’s authority is not unlimited nor automatic. And it’s almost entirely irrelevant in the face of the content of these documents. The Espionage Act section involved is more about content than classification.

Yes, military & intel officials are pissed. They know the power of these documents that were treated cavalierly.

All Americans should be equally pissed. But it seems many are not because of how some in government are treating this case.

We need to treat this seriously. 12/12

— MarkHertling (@MarkHertling) June 13, 2023

Interesting the people who agree with that last tweet.

Mike Pompeo hammers Trump on Fox: “Trump had classified docs when he shouldn’t have had them, and when given the opportunity to return them he chose not to do that .. That’s inconsistent with protecting America’s soldiers .. some of these were pretty serious, important docs.” pic.twitter.com/BXVTVPBvnt

— Ron Filipkowski (@RonFilipkowski) June 13, 2023

In a shift in tone, 2024 GOP presidential candidate Nikki Haley goes after Trump over his indictment:

“If this indictment is true ... President Trump was incredibly reckless with our national security ... This puts all of our military men and women in danger.” pic.twitter.com/g2U1Aj4yxe

— The Recount (@therecount) June 12, 2023

If he has anything like what the complaint, what the indictment alleges then he has committed very serious crimes. The documents Trump retained could contain the most important secrets we have, directly impacting national security and the lives and security of our military and…

— John Bolton (@AmbJohnBolton) June 12, 2023

Clearly, there's been a massive conspiracy to paint this innocent, godly man as some kind of wanton criminal. https://t.co/rtckvI6VBx

— Kevin M. Kruse (@KevinMKruse) June 13, 2023