John Wasmuth
AH elite
Which is what I think they’ll be able to hammer him on even if the other counts don’t stick. Pretty sure there is no way to justify telling anyone what was contained in the documents that didn’t hold a clearance to have knowledge of it or that it even existed.Interesting take from Alan Dershowitz over on Red State with respect to the possible protections afforded by the PRA and where Trump's likely greatest risk lies with respect to the Espionage Act (which, unlike the Logan Act, has been used to prosecute lots of people). As usual, it seems to be Trump's mouth that has most put him at risk).
If the prosecutors were able to identify the recipient of the information (I would assume that would have been fairly easy), and gained grand jury testimony from them, it could be particularly problematic.
“Part of it is, part of it isn’t. The material about simply possessing classified material is not a damning indictment. We knew it was coming. The [Presidential] Records Act probably is at least a potential defense to that. There are two damning paragraphs, just two, paragraph 34 and paragraph 35, where they have tape recordings of the former President basically acknowledging that some of the papers that he possessed and showed to a writer — I’ll just read you — so ‘as President I could’ve declassified it. Now I can’t, you know, but this is still [a] secret.’ …
So, I think this is a serious indictment on these two charges. Everything else I think is exactly what we expected. There’s no difference between that and what Hillary Clinton and others have done, not enough to justify this. It doesn’t meet what I call the Richard Nixon standard, which was very clear obstruction of justice, destroying evidence, paying bribes. This is too close a case to bring against a man running for president against the incumbent president. The only exception to that are these two paragraphs, and we’re going to have to hear an explanation from Trump’s lawyers or from Trump as to how he can justify having shown, to somebody who doesn’t have security clearance, allegedly some information about a plan to attack Iran.”