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

Dec 6
An important step in the right direction:

"The Senate Armed Services Committee ... has asked Adm. Alvin Holsey ... to testify before the committee next week, according to Blumenthal and another person familiar with the matter."

Report by @theodoricmeyer @noahjrobertson
1/ Image
3/ "A spokesperson for Rep. Adam Smith (Washington), the top Democrat on the House Armed Services Committee, said that panel also requested briefings with U.S. Southern Command, though not with Holsey specifically."
Read 5 tweets
Dec 5
How is U.S. military killing these 11 people keeping drugs (fentanyl) out of the United States?

DOD knew the drugs (cocaine) were headed to Suriname.

Yes, that's the OTHER DIRECTION.

Read what Bradley-Caine told lawmakers:

Scoop by @NatashaBertrand

🧵 1/ Image
2/ Problems for Bradley's credibility.

On left:

Bradley argued to lawmakers "still a possibility" drugs could've made way to US.

On right:

Trump State Dept: "Suriname is a transit country for South American cocaine, the majority of which is likely destined for Europe." Image
Image
3/ And, yes, the administration's attempted constitutional and other legal claims unravel if boats are delivering drugs (let alone, cocaine not fentanyl) to Europe instead.

Core policy claims as well.
Read 5 tweets
Dec 5
NEW info on shipwreck attack. Gets worse.

The 2 survivors climbed atop wreckage and waved to overhead.

"Some of the people viewing the video thought ... could have been an attempt to surrender"

Others "said the most logical explanation was ... signaling for a rescue."

1/ Image
2/ What Adm. Bradley and Gen. Caine told Congress raises credibility concerns.

"The military officers briefing Congress on Thursday said the survivors could have been trying to beckon to other alleged drug traffickers in a plane or boat to come get them...."

But get this ...
3/

"But some lawmakers viewing the video rejected that interpretation. There were no other unknown aircraft or boats in visual range, and no other boats involved in drug trafficking could have rescued them."

And even worse, if I am understanding this logic correctly, ...
Read 6 tweets
Dec 5
🚨🚨🚨This collapses the one 'argument' Hegseth had against it being war crime:

"Two men killed as they floated holding onto their capsized boat .. DID NOT APPEAR TO HAVE RADIO OR OTHER COMMUNICATIONS DEVICES, the top military official overseeing the strike told lawmakers."

1/ Image
2/ Secretary Hegseth bears ultimate responsibility as the designated Target Engagement Authority.

And recall how many times he has said Admiral Bradley acted within the authority Hegseth gave him, and that Bradley made "the correct" decision.

3/ It looks like DoD officials previously made false statements to Congress:

"As far back as September, defense officials have been quietly pushing back on criticism that killing the two survivors amounted to a war crime by arguing, in part, that they were legitimate targets because they appeared to be radioing for help or backup ... Defense officials made that claim in at least one briefing in September for congressional staff."Image
Read 5 tweets
Dec 4
Debrief of shipwreck attack by Ranking Member of House Armed Services Adam Smith:

"The idea is supposed to be that if they could get assistance, they could get back 'in the fight,' ...But Smith said the officials confirmed...they have no recording of these communications."
1/ Image
2/ “Smith said the video shows two men, sitting without shirts, atop a portion of a capsized boat that was still above water. ...

... He called it a 'highly questionable decision that these two people on that obviously incapacitated vessel were still in any kind of fight.'” Image
3/ Rep. Smith:

“The broader assumption that they were operating off of was that the drugs could still conceivably be on that boat, even though you could not see them ... and it was still conceivable that these two people were going to continue on their mission.” Image
Read 6 tweets
Dec 4
USG has a new explanation on why they (now admittedly) intentionally killed 2 shipwrecked men. It does not pass the laws-of-war smell test

Worse for Hegseth, NYT: "Defense Secretary Pete Hegseth approved contingency plans for what to do if an initial strike left survivors."
🧵 Image
2/ The Hegseth-approved contingency plan:

US military could try to kill shipwrecked survivors if "they took what the United States deemed to be a hostile action, like communicating with suspected cartel members." Image
3/ First it's absurd on its face that communicating to be RESCUED is a hostile act.

That's the definition of being shipwrecked and helpless.

The whole point of a legal prohibition on killing people who are shipwrecked is that they must be rescued or left to be rescued instead.
Read 12 tweets

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