My wife (a Lawyer) raises a point about the Mar-a-Lago situation

[brooklynite]

For the purpose of prosecution, its not enough that the documents were at Mar-a-Lago. Prosecutors will need to provide evidence to the Jury that Trump KNEW about their presence and didn't return them when he knew.

[C_U_L8R]

1. Wasn't he served (and defied) a subpoena for the docs?

[kentuck]

4. Also, when he was observed personally boxing them up?

And he told people that they were "mine".

[FoxNewsSucks]

13. Yes. Kinda hard to say he didn't know of the presence

after getting subpoenaed.

Also, he sued the DoJ to get "his" stuff back. Not just his personal things accidentally picked up, but the secret material itself. He knew it was there and considered it "his".

[tblue37]

2. I've read that witnesses say he went through them himself. Also, he continued to hold on to

11 boxes of them after the first 15 were taken, and some were found in his bedroom.

[Thomas Hurt]

7. Office closet I believe, I have seen nothing about his bedroom.

[kentuck]

15. Thanks for that info!

I had heard that they had found other documents but was unsure where they were found. It would be interesting to know what was found in his office closet.

[louis-t]

3. He was subpoenaed. NARA spoke to his lawyers.

He was given every opportunity to return the documents. He refused.

[Phoenix61]

5. He went through them in front of witnesses deciding

what he wanted to keep.

[MagickMuffin]

6. Well when he has publicly made the claim that those documents belong to him

I'm pretty sure that would indicate that he KNEW about their presence, and that he refused to return them when requested and by subpoena.

[StarryNite]

8. Donald Trump's personal handling of stolen classified documents increases odds he will be prosecuted

Donald Trump's personal handling of stolen classified documents increases odds he will be prosecuted
The New York Times has reported that "Trump had more than 300 classified documents at Mar-a-Lago." But that wasn't even the most damning revelation by the Times. The new reporting also includes the following: "Mr. Trump went through the boxes himself in late 2021."

Federal prosecutors like to bring strong cases. One of the challenges of prosecuting someone for mishandling classified government documents is proving that they actually "handled" the documents.

This video explains the difference between the legal concepts of "actual possession" and "constructive possession," and discusses why prosecutors are far more comfortable bringing cases that involve actual possession. Given this New work Times reporting, prosecutors will clearly be able to prove that Donald Trump actually POSSESSED the documents that had been unlawfully removed from the White House and concealed at Trump's Florida home.

This important development undeniably increases the odds that Trump will be indicted for his crimes.

[link:

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[LetMyPeopleVote]

25. I agree with Glen

[Scrivener7]

9. Of which evidence there appears to already be a ton.

[treestar]

10. Circumstantial evidence he knew or why would they be there?

Who could he throw under the bus as the one who moved them there without his knowing?

[Demsrule86]

11. one of Trump's own asshat supporters (Solomon) released a letter that shows he knew.

https://www.salon.com/2022/08/23/self-inflicted-wound-release-of-damning-national-archives-letter-blows-up-in-his-face_partner/

[Elessar Zappa]

12. I'm sure they'll be able to prove that.

[Autumn]

14. Since he said they were" his "documents to numerous people I'm sure that any lawyer would have an

easy job of proving Trump KNEW about their presence and didn't return them when he knew.

[pnwmom]

16. He DID know. He or his staff were informed by the National Archives multiple times over 2021,

but he didn't return the first 15 boxes till Jan. 2022.

He's acknowledged himself that he had material he considered "Executive privileged" material. Even Executive Privileged material became the property of the US Government the day he left office -- as he was informed, over and over. It didn't matter whether it was classified, non-classified, or privileged in some way -- it was STILL the property of the US government, as NARA had explained to him repeatedly in 2021.

[kentuck]

17. Perhaps he did not expect the NARA to go to the DOJ for assistance?

And when he got a subpoena, he had to give them something. So he gave them the first 15 boxes, hoping that would be the end of their "witch hunt".

But for some reason, he was loathe to give up the remaining boxes. They seemed to have a purpose for him?

Now, he's up shit creek without a lawyer.

[pnwmom]

20. Well, he's got lawyers.

Just not competent ones.

[panader0]

18. Fingerprints?

[Iwasthere]

21. Let's hope they've now secured the classified ones 100% without handling them

[Iwasthere]

22. The highest level of forensics for this

[Brother Buzz]

19. By his own admission, he had constructive possession.

And out in the playground court room, a person with constructive possession stands in the same legal position as a person with actual possession.

What's the past pluperfect of screwed?

[crickets]

23. Had screwed, I believe. As in

that moment when tfg realized he had screwed himself... or had screwn if you want to be real fan-say about it. 😏

[LetMyPeopleVote]

24. There is great proof that TFG knew all about documents including the fact that TFG reviewed docs

Link to tweet

Link to tweet

[LetMyPeopleVote]

26. Trump appears to concede he illegally retained official documents

Your wife should appreciate this analysis. Legally, TFG has in effect just confessed to violations of the espionage act. TFG's amusing filing for a special master is based on the sad claim that these documents are protected by executive privilege. That claim is wrong but if these documents were protected by executive privilege, then such documents are clearly government property and TFG has no right to possess these documents. TFG has in effect confessed to a crime in this brief

Link to tweet

https://www.theguardian.com/us-news/2022/aug/23/trump-illegal-documents-fbi-mar-a-lago

Donald Trump appeared to concede in his court filing over the seizure of materials from his Florida resort that he unlawfully retained official government documents, as the former president argued that some of the documents collected by the FBI could be subject to executive privilege......

But the argument from Trump that the documents are subject to executive privilege protections suggests those documents are official records – which he is not authorized to keep and should have turned over to the National Archives at the end of the administration.

But the argument from Trump that the documents are subject to executive privilege protections suggests those documents are official records – which he is not authorized to keep and should have turned over to the National Archives at the end of the administration....

The reasoning, former US attorneys say, is that there could be communications seized by the FBI that are privileged, but not used in furtherance of a crime, and even if the justice department wanted to use them in its investigation, it should be precluded from doing so.

Still, if Trump successfully argues the materials are protected by executive privilege, then he also successfully argues that he was in unlawful possession of official records. If he is unsuccessful, then executive privilege would not be a valid basis to seek a special master.

The motion for a special master was truly a crappy piece of legal work. TFG has clearly confessed to breaking the law if one accepts the premise of this motion