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In reply to the discussion: Trumps lawyers are telling us they have no defense in the secret document investigation. [View all]FBaggins
(27,904 posts)They're saying that it isn't their job to prove that documents had been declassified... it's the prosecution's job to prove that they had not been. And, legally, they have a point.
And it absolutely matters whether or not the documents are classified. Because the best defense against most of the other charges (that they were personal records and not subject to the PRA) is much more easily defeated if they are (since he can't reasonably argue that actually classified documents are personal records)
They found secret documents in Trumps desk, that's game over.
This appears to contradict the prior paragraph. It's completely irrelevant whether they're classified but it's game over because they're classified?
The lawyers who signed the document stating all the documents were returned have two choices. They can admit they lied and be indicted or they can say Trump told them all the documents were returned.
They can also say that their statement was true - that they looked everywhere they could think of and found no classified documents. That's tough for a rational person to believe, but it may keep them from being convicted of the associated crime. But, again, they benefit from our justice system that puts the burden on a hypothetical prosecutor to prove beyond a reasonable doubt to a unanimous jury that their statement was knowingly false.