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Part of Renato Mariotti tweet thread about ease of proving Trump guilty:
Link to tweet
Link to tweet
Link to tweet
5/Renato Mariotti
@renato_mariotti
It is also apparent that the government initially treated Trump with kid gloves.
The National Archives negotiated with Trump’s attorneys, securing 15 boxes of documents. Then DOJ visited Mar-a-Lago to meet with Trump's team and ask for the docs back, and issued a subpoena.
Renato Mariotti
@renato_mariotti
6/ If you or I had 21 boxes of classified information, the Feds wouldn't ask for it politely.
Ironically, by treating Trump with deference before the search, the DOJ greatly strengthened a potential criminal case against Trump.
Renato Mariotti
@renato_mariotti
7/ Two of the statutes cited in the search warrant require the prosecution to prove "willfulness." In other words, they have to prove beyond a reasonable doubt that the defendant intended to break the law.
That can be tough to prove, but the history here would help DOJ do so.
Renato Mariotti
@renato_mariotti
8/ One tactic I used as a federal prosecutor (and is commonly used) is to serve notices on defendants in cases where willfulness is required.
If an agent hands the defendant a sheet of paper explaining his legal duty, and he keeps violating the law, you have your proof.
Renato Mariotti
@renato_mariotti
9/ That is similar to what happened here. The Feds repeatedly told Trump and his team that the documents were classified and put Trump on notice that he was violating the law.
It will be hard for him to claim that he didn't realize that he had classified government records.
@renato_mariotti
It is also apparent that the government initially treated Trump with kid gloves.
The National Archives negotiated with Trump’s attorneys, securing 15 boxes of documents. Then DOJ visited Mar-a-Lago to meet with Trump's team and ask for the docs back, and issued a subpoena.
Renato Mariotti
@renato_mariotti
6/ If you or I had 21 boxes of classified information, the Feds wouldn't ask for it politely.
Ironically, by treating Trump with deference before the search, the DOJ greatly strengthened a potential criminal case against Trump.
Renato Mariotti
@renato_mariotti
7/ Two of the statutes cited in the search warrant require the prosecution to prove "willfulness." In other words, they have to prove beyond a reasonable doubt that the defendant intended to break the law.
That can be tough to prove, but the history here would help DOJ do so.
Renato Mariotti
@renato_mariotti
8/ One tactic I used as a federal prosecutor (and is commonly used) is to serve notices on defendants in cases where willfulness is required.
If an agent hands the defendant a sheet of paper explaining his legal duty, and he keeps violating the law, you have your proof.
Renato Mariotti
@renato_mariotti
9/ That is similar to what happened here. The Feds repeatedly told Trump and his team that the documents were classified and put Trump on notice that he was violating the law.
It will be hard for him to claim that he didn't realize that he had classified government records.
2 replies
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