- Dec 28, 2010
- Reaction score
Nonsense. Of the docs weren’t actually classified, there is no viable crime at all.
This is not true.
None of the three statutes cited in the Search Warrant as possible crimes required the documents to actually be classified. The ones under the Espionage Act merely require them to be national defense information (which does not mean classified).
Then there are laws against theft of government property. Failure to return national defense information when contacted by and to a government official who has responsibility to receive such information. Then of course there are obstruction of justice charges not relating to classified documents based on the FPOTUS stonewalling the NARA for 16 months as they tried to get Presidential Records returned, failure to comply with a Grand Jury subpoena for the return of classified documents and then lying in the certification that all had been returned. All of which resulted in the August search warrant.
There are crimes pending which have nothing to do with documents being "classified", the fact that they are a priori classified until such time as the FPOTUS makes the claim they declassified in court and then presents evidence to show they were declassified is just an enhancement of the possible charges.
The final hope would be that the 11th Circuits decision would be appealed to the SCOTUS and the SCOTUS will save the FPOTUS's requested Special Master process. However the SCOTUS just turned away a similar appeal involving the same FPOTUS and the same case - relating specifically to classified documents - leaving the 11th Circuits ruling in place. The likely hood is the SCOTUS will not be intervening.