A new model prosecution memo released by Just Security argued that former President Donald Trump could face criminal charges for mishandling classified documents but it was issued shortly before the 2020 election loser was indicted by the US Department of Justice.
The memo, which was written by a team of former federal prosecutors, alleges that Trump violated the Espionage Act by removing classified documents from the White House and taking them to Mar-a-Lago.
The memo cites several specific instances in which Trump allegedly mishandled classified information, including:
- Removing classified documents from the White House and taking them to Mar-a-Lago
- Keeping classified documents in his personal residence at Mar-a-Lago
- Failing to properly secure classified documents
- Discussing classified information with unauthorized individuals
The memo also argues that Trump’s actions were not protected by the Presidential Records Act, which requires presidents to preserve all official records. The memo argues that Trump’s actions were “willful” and “knowing,” and that he “acted with the intent to conceal or destroy” classified information.
The memo’s authors are not the first to suggest that Trump could face criminal charges for mishandling classified information. In 2021, the House Select Committee on the January 6 Attack subpoenaed Trump for records related to his handling of classified information.
The committee is still investigating whether Trump violated any laws, but the memo from Just Security provides further evidence that Trump may have committed a crime.
It is important to note that the memo is just that: a memo. It is not a legal brief, and it has not been filed with any court.
However, the memo does provide a detailed and well-argued case for why Trump could face criminal charges for mishandling classified information. If the Justice Department decides to investigate Trump, the memo will likely be a key piece of evidence.
In the meantime, Trump has denied any wrongdoing.
He has said that he never mishandled classified information and that he always took steps to protect classified information.
However, the evidence against Trump is mounting, and he has been indicted on charges similar to the case spelled out in the memo.
Here is a comparison of the allegations in the document produced by Just Security and those contained in his federal indictment:
Document 1: Indictment of Donald Trump
- Trump removed classified documents from the White House and took them to his Mar-a-Lago resort.
- Trump failed to properly secure classified information.
- Trump discussed classified information with unauthorized individuals.
Document 2: Model Prosecution Memo for Trump
- Trump’s actions violated the Presidential Records Act, which requires presidents to preserve all official records.
- Trump’s actions were “willful” and “knowing,” and that he “acted with the intent to conceal or destroy” classified information.
- Trump’s actions could have put national security at risk.
The two documents make similar allegations about Trump’s handling of classified information. Both documents allege that Trump removed classified documents from the White House, failed to properly secure classified information, and discussed classified information with unauthorized individuals.
The Model Prosecution Memo goes further than the Indictment of Donald Trump in alleging that Trump’s actions violated the Presidential Records Act and that he acted with the intent to conceal or destroy classified information. The Model Prosecution Memo also argues that Trump’s actions could have put national security at risk.
It is important to note that both documents are just allegations. Neither document has been proven in court. However, the allegations are serious and raise concerns about Trump’s commitment to protecting national security.
Here is a table that summarizes the key similarities and differences between the two documents:
| Similarities | Differences |
|---|---|
| Both documents allege that Trump removed classified documents from the White House. | The Indictment of Donald Trump does not allege that Trump violated the Presidential Records Act or that he acted with the intent to conceal or destroy classified information. |
| Both documents allege that Trump failed to properly secure classified information. | The Model Prosecution Memo argues that Trump’s actions could have put national security at risk. |
| Both documents allege that Trump discussed classified information with unauthorized individuals. |
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