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Mark S. Zaid Profile picture
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Aug 13 • 4 tweets • 2 min read
1/Saying #EspionageAct requires intent to disclose to foreign power or injure US for conviction - the current MAGA defensive talking point - is NOT accurate.

There are multiple criminal provisions that pertain to classified info. They do not all have "spy" characteristics.
2/Ppl forget so easily #HaroldMartin, NSA "hoarder", agreed to 9 years in jail for merely unauthorized possession of classified info w/o any intent to disseminate. His mere knowledge docs were marked classified & he couldn't have them at home was enough.

justice.gov/usao-md/pr/for…
3/To be sure, some criminal statutes will have potential legal fights given they were not designed for use against POTUS, but there are clear provisions of #EspionageAct that can apply to Trump w/no allegations of "spying" or actual use against US.

justsecurity.org/82619/expert-e…
END/Development of facts will ultimately determine proper charges, if any. Who packed boxes at WH? How did docs get to MAL? Did anyone have access? How were they stored? Were they hidden from FBI/NARA during past visits? Are other former clearance holders involved?

Qs to answer.

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More from @MarkSZaidEsq

Mark S. Zaid Profile picture
Aug 12
1/Most of Twitterverse now knows how vast Presidential authority is to declassify info. Literally can be wave of hand, which is what Trump supporters are arguing he did. Obviously usually a formalized process that exists to ensure actions are always documented, but ... Trump.
2/Still, FBI search on his residence is said to involve classified docs related to nuclear weapons. If true, that could involve what is known as Restricted Data, which is a statutory protection outside of Presidential authority where classified info usually lies.
3/Restricted Data (or "RD") is not subject to automatic declassification like "normal" classified info. Don't take my word for it. This is @TheJusticeDept legal position:

justice.gov/archives/open/…
Read 9 tweets
Mark S. Zaid Profile picture
May 19
1/Formal statement from COL Yevgeny Vindman's (@YVindman) Legal Team re: issuance of @DoD_IG Report of Investigation that vindicated his lawful #whistleblowing activities. We look to @POTUS now.

#RuleOfLaw #Accountability @globalmjreform @BradMossEsq @AndrewBakaj @wbaidlaw
2/Full text is as follows:

"The Department of Defense (DoD) Office of Inspector General’s (OIG) Report of Investigation issued today fully vindicates our client Colonel (COL) Yevgeny Vindman (at the time LTC). Through his protected and lawful whistleblowing activities, ...
3/...COL Vindman properly reported misconduct involving officials within the Trump Administration's White House and National Security Council. Based on this latest report, which followed a review by the U.S. Army, it is now conclusive there was illegal retaliation...
Read 14 tweets
Mark S. Zaid Profile picture
May 18
1/NEWS UPDATE:

The DoD Inspector General Report of Investigation issued today fully vindicates our client then-Lt. Col. Yevgeny Vindman.

dodig.mil/reports.html/A…
2/Through his protected lawful whistleblowing activities, Lt. Col. Vindman properly reported misconduct involving officials within the Trump Administration's White House and National Security Council.

nbcnews.com/politics/white…
END/Based on this latest report, which followed a review by the U.S. Army, it is now conclusive there was illegal retaliation against Lt. Col. Vindman, who has since been promoted to Colonel.

#RuleOfLaw

@globalmjreform @AndrewBakaj @BradMossEsq @wbaidlaw
Read 6 tweets
Mark S. Zaid Profile picture
May 13
1/I recently came across comments by #ChadWolf, former Acting DHS Secretary, to @axios in response to the @DHSOIG report that pertained to our client #BrianMurphy.

Let me clarify facts & respond directly given Wolf blatantly distorts the truth.

cc: @wbaidlaw
2/Wolf said:

"And finally, buried in the report is the fact that the grossly false whistleblower complaint against me was withdrawn"

It is true we withdrew Murphy's retaliation complaint as part of broad favorable settlement w/DHS. Given Murphy's career steps, this made sense.
3/Importantly, it did NOTHING to preclude DHS OIG from continuing its investigation, which it did & issued adverse findings against Wolf.

Total vindication for Murphy, one of the highest ranking #whistleblowers in US history.
Read 4 tweets
Mark S. Zaid Profile picture
May 11
I just have to laugh at how pathetic #Bannon is, esp his attempted knowledge of what "treason" means. 🤣 I'm a "liberal attorney"? I prob rep more conservatives than liberals in my career, sue every WH & have always been registered independent.

mediamatters.org/steve-bannon/s…
I'm quite proud to rep both @AVindman & @YVindman. As well as @EzraACohen, @LTGHRMcMaster, @Cliff_Sims, @RepWalterJones, Secretary of Defenses #MarkEsper & #ChrisMiller, IC #whistleblower, #KatieArrington, #BrianMurphy & #ChelseaManning.

All these cases pertain to #RuleOfLaw.
Here are some good background articles on my legal career

thehill.com/homenews/admin…
Read 6 tweets
Mark S. Zaid Profile picture
Apr 20
1/NEWEST LAWSUIT:

Tonight I filed another prepublication classification review lawsuit against @DeptofDefense. This time it was for @KellySKennedy for her forthcoming book "The Activity: My Life Inside America’s Most Secret Unit".

More info here: amazon.com/Activity-Insid…
2/Book tells story of “Ameen al-Gammal,” who immigrated from Egypt at 19, unable at time to speak English. He joined @USArmy to pay back debt he felt he owed his new country. He then rose through ranks to join military’s most secret unit.
3/"Ameen" served as command Sergeant Major in U.S. military’s most elite—and most secretive—unit. For more than 10 years, he was only Muslim Arab-American in Army Intelligence Support Activity tasked to collect actionable intelligence in advance of missions by the “Activity”.
Read 12 tweets

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