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enzino schreef:

Karl66 schreef:

De FBI heeft een lijst vrijgegeven met de documenten die zijn meegenomen. Op die lijst staan geheime documenten en een deel van die documenten mochten alleen maar in beveiligde overheidsgebouwen aanwezig zijn. De vraag is dus niet meer of hij hij zulke documenten had, daar is nu zekerheid over.

De poll die je aanhaalde was echter van 9 Augustus, toen was dat nog niet bekend.

En zelfs nu zal het nog afwachten zijn wat Trump's advocaten als verdediging aan gaan dragen. Daar zal een rechter zich vervolgens over moeten buigen om te kijken of het daadwerkelijk niet aanwezig mocht zijn en of ze verder willen vervolgen. En daarna komt het stukje van Ratcliff naar voren om te zien of het voldoende is om tot een veroordeling te komen.

Reuters schreef:

The search was carried out as part of a federal investigation into whether Trump illegally removed documents when he left office in January 2021 after losing the presidential election two months earlier to Democrat Joe Biden.

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FBI agents on Monday collected four sets of top secret documents, three sets of secret documents and three sets of confidential documents, it was disclosed on Friday. Agents were revealed to have collected a set of documents labeled "classified/TS/SCI documents," a reference to top secret and sensitive compartmented material.

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Legal experts said Trump's claim that he had declassified the materials would not be a useful defense should he ever face charges.

"The statute does not even strictly require even that the information be classified so long as it is relating to the national defense," Northwestern University law professor Heidi Kitrosser said, referring to the Espionage Act.

CBS news schreef:

It's not the case that a president can declassify documents with just verbal instructions. His instruction to declassify a given document would first be memorialized in a written memo, usually drafted by White House counsel, which he would then sign.
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Once a final decision is made, and the relevant agency receives the president's signed memo, the physical document in question would be marked — the old classification level would be crossed out — and the document would then be stamped, "Declassified on X date" by the agency in question.

CBS news schreef:

But U.S. officials familiar with the classification process to date point out that, unless and until the documents are stamped "Declassified" by the requisite agency, and following the submission of a written memo signed by the president, they have historically not been considered declassified.

CBS news schreef:

The search warrant signed by the Florida magistrate judge entails items "illegally possessed in violation of 18 U.S.C. § § 793, 2071, or 1519."

That first code, Section 793, and more commonly known as the Espionage Act, applies to defense information. It applies, for instance, to material illegally removed "from its proper place of custody" or that is lost, stolen or destroyed.

The next statute, Section 2071, bans concealing, removing, mutilating or destroying records filed with U.S. courts. And the final one, Section 1519, prohibits concealing, destroying or mutilating records to obstruct or influence an investigation.

VOX schreef:

Trump took 15 boxes of material with him when he departed for Mar-a-Lago as Joe Biden took office. Those boxes contained, as Haberman recounts, items like a raincoat and golf balls. They also contained a number of documents that fell under the Presidential Records Act, and NARA spent the better part of 2021 negotiating with Trump’s team to obtain those records. When NARA finally received those documents earlier this year, Haberman reported, they found several marked “classified.”

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Trump apparently didn’t return all of the records falling under the Presidential Records Act — prompting Monday’s Mar-a-Lago search. That yielded 11 tranches of documents, four of which are top-secret, three of which are labeled “secret,” three of which are labeled “confidential,” and one of which is labeled “various classified/TS/SCI documents,” meaning they’re meant to be read only in secure rooms by people with high levels of security clearance, according to the Justice Department’s property receipts.

VOX schreef:

“If the Justice Department wanted to pursue a criminal case, based on the available information known to the public to date, they appear to have a very strong case,” NYU School of Law professor Ryan Goodman told Axios.
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Though Trump agreed to release the search warrant and receipts of what the DOJ took from Mar-a-Lago, he has offered several excuses for having the documents in his possession, falsely claiming that former president Barack Obama also retained classified documents, floating the idea that evidence had been planted at Mar-a-Lago, and saying that he declassified all the documents in his possession, which could be true, but wouldn’t save him from legal penalty. There’s currently no record of such an action, and some national security documents could carry heavy penalties for improper storage whether or not they’re technically classified.