From Scharf's bogus argument:
Section 793(e) requires the government to prove that the Defendant KNEW he had National Defense Information (NDI) in his possession, and also that the Defendant KNEW that there was a government official entitled to receive the Information, and also that the Defendant then WILLFULLY failed to deliver it to that official.
Trump knew he had national defense information and he is on tape saying it.
Trump knew he was supposed to turn over the documents to NARA, and he instead chose to hide them. He knew he was supposed to turn them over because he turned SOME over and hid the rest.
He WILLFULLY failed to deliver the documents.
He's toast.
TRUMP: This was done by the military and given to me. Uh, I think we can probably, right?
STAFFER: I don’t know, we’ll, we’ll have to see. Yeah, we’ll have to try to –
TRUMP: Declassify it.
STAFFER: – figure out a – yeah.
TRUMP: See, as president, I could have declassified it.
STAFFER: Yeah. [laughter]
TRUMP: Now I can’t, you know, but this is still a secret.
STAFFER: Yeah. [laughter] Now we have a problem.
TRUMP: Isn’t that interesting?"
Here's Trey Gowdy, conservative hero, Benghazi hearings chairman, former federal prosecutor:
“Well, the most damning piece of evidence to me is the audiotape. I mean, you want to talk about consciousness of guilt? You want to talk about knowledge and intent? I mean, those are the darlings of a prosecutor’s nursery, and that came from President Trump’s own mouth.”
BOOM!