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The Classified Docs🧵:
There have been lots of questions on why these 31 classified (CL) docs were selected and how they will be used. This thread addresses three questions (1) Why the 31 docs? (2) Will the docs be declassified? (3) How will the CL docs impact the trial?
There have been lots of questions on why these 31 classified (CL) docs were selected and how they will be used. This thread addresses three questions (1) Why the 31 docs? (2) Will the docs be declassified? (3) How will the CL docs impact the trial?
1. Why so many docs? It’s common in cases involving mishandling of CL docs to charge multiple CL docs to capture extent of harm & protect the case if issues arise w/ a doc—e.g., jury thinks doc doesnt contain “national defense” info (NDI) as required under 18 USC 793(e).
One theme identified by others is that some of the CL docs are grouped by theme and date.
lawfareblog.com/what-are-class…
lawfareblog.com/what-are-class…
Lots of questions on how DOJ can use/disclose classified (CL) info in a criminal case, such as Mar-a-Lago (MAL), and whether the judge overseeing Trump’s special master request (Judge Cannon) can see the CL info. 🧵below on the Classified Information Procedures Act (#CIPA). 1/
Judges don’t need a security clearance to review CL info. So if Judge Cannon requests access to any of the CL docs seized at MAL, DOJ would be hard-pressed to deny the request. However, her order should not be read as a request to review CL info at this time. 2/
Juries don’t need a security clearance to review CL documents. This can lead to issues charging mishandling of CL docs, discussed in more detail below. 3/
uscode.house.gov/view.xhtml?req…
uscode.house.gov/view.xhtml?req…
