Ryan Goodman Profile picture
May 31, 2023 9 tweets 4 min read Read on X
Bombshell in MAL investigation.

I'll discuss 7pm ET @ErinBurnett @OutFrontCNN

"Audio recording" in which Trump "acknowledges he held onto a classified Pentagon document about a potential attack on Iran"

Scoop by @kpolantz @PaulaReidCNN @kaitlancollins
cnn.com/2023/05/31/pol…
2. Audio recording is a meeting with several people who don't have security clearances.

If Trump discussed content of document it is even worse - and raises its own criminal exposure.

These individuals are all likely good witnesses, with disincentive to lie given their number. Image
3. Bedminster

CNN: The audio recording shows prosecutors "are not only looking at Trump’s actions regarding classified documents recovered from his Mar-a-Lago resort in Florida, but also at what happened at Bedminster" summer 2021.

That's where meeting occurred.
4. War plans are among the most highly classified documents.

Puts pressure on DOJ to indict, and a jury to convict.
5. As CNN reporting notes, this recording also goes to show knowledge and intent:

"The recording indicates Trump understood he retained classified material after leaving the White House."
6. The recording also appears to knock a hole in already very weak (non-defense) defense of declassification:

"On the recording, Trump’s comments suggest he would like to share the information but he’s aware of limitations on his ability post-presidency to declassify records."
7. Make no mistake. This is squarely an Espionage Act case. It is not simply an "obstruction" case.

There is now every reason to expect former President Trump will be charged under 18 USC 793(e) of the Espionage Act.

The law fits his reported conduct like a hand in glove. Image
8. Prosecutors do not need to show motive for conviction, but it helps with a jury.

CNN report suggests motives: To hold onto docs as trophies, to use to settle scores or try to retain control over the narrative - here to try (in vain) to contradict @sbg1's reporting on Milley.
9. NYT corroborates CNN scoop plus with this specificity:

“Trump then began referencing a document that he had with him,”
saying it was compiled by Gen. Milley and related to attacking Iran.

That he had with him.

via @maggieNYT @jonathanvswan @alanfeuer
nytimes.com/2023/05/31/us/…

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More from @rgoodlaw

Apr 30
On this day in history:

A former president of the United States was held to be in Criminal Contempt for "willful disobedience of a court's lawful mandate" by attacking witnesses and jurors in a criminal proceeding.

Court's finding based on beyond a reasonable doubt.

1/Image
2/ Justice Merchan's well-reasoned, balanced opinion has two additional important notes.

First, he not only warns the Defendant, Mr. Trump, about jail time for future violations. He explains this may be required because fines ($1k per violation) won't be effective in this case. Image
3/ As part of his balanced opinion, Justice Merchan appears to call out Michael Cohen (and perhaps Stormy Daniels).

The judge explains their use of the gag order to publicly go after Trump while he cannot respond may result in judge excluding them from the order's protections⬇️ Image
Read 6 tweets
Apr 25
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.

It'd be a travesty for Justices to delay matters further.

Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.⬇️
2/ Justice Barrett rounds this out with her final question:

She gets USG attorney to say there's enough of these private acts to move forward, and Trump's conduct involving pressuring DOJ, Pence etc would be used just for evidentiary value not criminally liable for those acts.⬇️
3/ Here are the three bullets in USG brief that Justice Barrett gets Trump attorney to concede are private acts that enjoy no immunity whatsoever.⤵️

And note text before the bullets, which Justice Barrett goes over with USG attorney solidifying DOJ can prosecute on this basis. Image
Read 6 tweets
Apr 22
I have a new piece with @AWeissmann_ in @just_security:

Questions the Supreme Court Should Ask at Oral Argument on Presidential Immunity


Just Security also published a complementary piece showing speed by which #SCOTUS can decide cases—if it wants to.⬇️justsecurity.org/94867/supreme-…Image
2/ Here's a link to the second piece. By Fred Wertheimer:

justsecurity.org/94848/supreme-…
3/ Here are the most important questions in my view for the Justices to ask Trump's attorneys.

Note there is no good answer to them. In other words, there is no legal basis to oppose a quick resolution of the immunity question.Image
Read 5 tweets
Apr 21
NYT scoop: "David Pecker...is set to go first" as prosecution witness. ⬇️

Pecker could be key witness - in ways more devastating than Michael Cohen.

This also indicates DA is foregrounding unlawful election influence for jurors.

hat tip: @AWeissmann_
nytimes.com/2024/04/21/nyr…
2/ As this Timeline shows, Pecker's testimony should be strong proof of core allegation that the hush money scheme was geared toward influencing the outcome of the presidential election.

justsecurity.org/85761/timeline…
3/ Pecker was principal at August 2015 Trump Tower meeting with Trump and Michael Cohen setting up catch-and-kill election operation.

Great WSJ reporting⤵️

"What can you do to help my campaign? he asked, according to people familiar with the meeting."

wsj.com/articles/donal…
Image
Read 9 tweets
Apr 18
Note the time stamps in DA's new motion alleging 7 more violations of gag order.

But first this nugget by @KlasfeldReports about alleged gag violation.

On Monday, prosecutor told the judge:

“It’s entirely possible it was done within this courthouse.”

justsecurity.org/daily-courtroo…
2/ See some of the time stamps that DA identifies in new motion.⤵️

Monday 9:12 a.m.
Monday 10:26 a.m.
Tuesday 1:50 p.m.

To make these statements or have these statements made from within the courthouse would be to amplify the "contempt" of and for the court.
Image
Image
3/ New York law also gives special powers to a judge in enforcing their orders (e.g., gag order) if the violation occurs in the "immediate view and presence of the court."

I don't think these alleged violations do so, but the fact that they might come close is significant.
Read 4 tweets
Apr 15
Watch this space:

At start of #TrumpTrial, Trump's violations of recent #GagOrder are likely to come up with key question being what sanctions Justice Merchan may threaten or impose.

Great discussion here ⬇️ between @ErinBurnett, District Attorney @Mimirocah1 and @OMGrisham

DA Rocah: "Trump coming out and calling them liars is about as stark a violation as you can get."
2/

On left:

#GagOrder provision prohibiting former President Trump making public statements about witnesses in Manhattan criminal case.

On right:

Trump public statements about witnesses in violation of the gag order (plus one about judge's daughter)
Image
Image
3/ And .... here we go (as anticipated):

Manhattan District Attorney prosecutors asking judge to move toward holding Trump in contempt of court for violations of #GagOrder.

Read 6 tweets

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