Thread by @rgoodlaw

Key in the DOJ brief are new revelations of facts that go to the core of Trump's criminal liability.

Fact-1: Trump never claimed the documents were declassified.

End of story on that attempted defense or attempt to deter prosecutors from indicting (as a discretionary factor).

2. Looks like Justice Department has one or more people dead to rights on obstruction, 18 USC 1519.

These newly revealed facts also goes to 18 USC 402 (disobeying the GJ subpoena).

@AWeissmann_ has identified 402 as potentially easiest road to an indictment for MAL.

Plus...

3. Plus these passages on obstruction directly implicate Trump's lawyers in the alleged crimes.

That's NOT going to play out well for Trump if DOJ follows past practice.

I discussed in earlier thread how prosecutors could put the lawyers on the stand.👇

4. There it is. In black and white.

The false certification by Trump's lawyers on June 3.

Note the yellow highlights (mine) that point directly to trouble for Donald Trump - for obstruction and concealment.

5. In another passage about June 3 retrieval of classified documents, DOJ states:

Yet again, never a peep by Trump's side with any claim that he had declassified the documents.

Plus Trump counsel's actions suggested they believed the docs were classified.

6. Hard to keep track of all the false statements by Trump's counsel to the Department of Justice/FBI!

Here are more:

- that all records from the White House were stored in one location
- that there were no records in Trump's office space

7. New facts: June 3 search turned up (based on FBI preliminary review):

38 documents with classification markings
16 SECRET
17 TOP SECRET

Including "markings reflecting sensitive compartments and dissemination controls" -- indicating government's most highly guarded secrets.

8. This line points directly at Donald Trump.

In August 8 search, classified documents were

- not simply found in MAL
- not simply found outside the storage room
- not simply found in Trump's office

but found in the desks in his office.

He needs to think about a plea deal.

9. More evidence Trump disobeyed subpoena and concealed more docs.

Recall Trump team certified on June 3 "a diligent search was conducted of the boxes that were moved from the White House to Florida."

Yet FBI found this on Aug 8👇

Including the unmissable colored cover sheets.

10. This is a powerful line, and one that a close reader has already come to think by this point.

It's incriminating that the FBI found "in a matter of hours" two times amount of docs with classified markings as Trump team had weeks to locate.

PLUS and this is a big plus...

11. Important what happens here:

June 3:
Trump team "explicitly prohibited" DOJ looking inside other boxes in storage room to see if other docs with classified markings there (p. 13).

August 8 FBI search:
FBI finds 76 docs with classified markings in same dang storage room!

12. Hats off to @AWeissmann_ who called it from the moment Trump team filed their motion with a litany of false statements.

It opened the door for DOJ to publicly correct the record in Response brief.

Trump's legal team, and their client, again with self-inflicted wounds.

13. Yep.👇

@ryanjreilly: "The passports themselves, and their location, are very good evidence that Trump unlawfully retained national defense information."

Active passports in same drawer as classified docs. Prosecutors could even note that at trial.

14. Keyword: comingled

When Trump/his lawyers say the FBI also took some personal belongings, remember:

That's apparently because it was comingled with classified docs and thus likely EVIDENCE he was willfully retaining the classified materials!

15. I'll end with this fine point by @waltshaub:

"If the FBI found these documents in your home, you would go to jail."

Now imagine being found with over 300 of these classified documents (and the first 100 documents totaling more than 700 pages)!

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