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Andrew Napolitano is a Fox News commentator and retired judge. Writing in the Washington Times he feels that Trump will soon be indicted and lays out the reasons for his opinion.
He touches on the 'declassified' defence.
Napolitano feels Trump made a huge legal blunder when he used the 'declassified' defence.
Rest of the opinion
The full opinion is worth reading. It lays out in dispassionate detail the legal peril Trump is facing.
Even a cursory review of the redacted version of the affidavit submitted in support of the government’s application for a search warrant at the home of former President Donald Trump reveals that he will soon be indicted by a federal grand jury for three crimes: Removing and concealing national defense information (NDI), giving NDI to those not legally entitled to possess it, and obstruction of justice by failing to return NDI to those who are legally entitled to retrieve it.
He touches on the 'declassified' defence.
It is irrelevant if the documents were declassified, as the feds will charge crimes that do not require proof of classification. They told the federal judge who signed the search warrant that Mr. Trump still had NDI in his home. It appears they were correct.
Napolitano feels Trump made a huge legal blunder when he used the 'declassified' defence.
Yet, misreading and underestimating the feds, Mr. Trump actually did them a favor. One of the elements that they must prove for any of the three crimes is that Mr. Trump knew that he had the documents. The favor he did was admit to that when he boasted that they were no longer classified.
Rest of the opinion
The full opinion is worth reading. It lays out in dispassionate detail the legal peril Trump is facing.