It's the difference between capability and action. My car has enough gas to get me to Virginia. But did I actually drive to Virginia?
The president has the power to declassify.
But did that mean he took the action to declassify these documents. So far no evidence has been presented for this.
Remember the judge in this case are treating these documents as currently classified.
Trump's lawyers have to get a security clearance and the classified evidence can only be view at a secure part of the courthouse.
Former U.S. President Donald Trump and his lawyers may only review classified evidence in a secure place as he prepares for a criminal trial over his handling of secret documents after he left office in 2021, a judge ruled on Wednesday.
....
The order requires Trump and his lawyers to review and discuss all classified evidence in what is known as a sensitive compartmented information facility, or SCIF.
He said he did. He has people who worked for him who said he did. That's all it takes. That's not even the argument the Government is making. They are saying that after Biden took office he reclassified the documents. The same Biden who did not have the power to declassify as VP and yet had thousands upon thousands of classified documents that he took with him. By the government's argument they could say anyone is in possession of something Biden says is now classified and arrest you for it. It doesn't work that way.
But he has not been charged with any of this material.
They are saying that after Biden took office he reclassified the documents.
Where does the government say this?
How would Biden know what documents Trump had a Mar a Lago? How would this reclassification take place?
By the government's argument they could say anyone is in possession of something Biden says is now classified and arrest you for it. It doesn't work that way.
It doesn't work that way and they are not making argument.
Trump is not charged with mere possession. He is charged with willfully retaining these documents. That means the government asked for them back....in fact, they subpoenaed these documents. The government is saying Trump hid these documents from his lawyers to avoid turning them over.
It's the difference between capability and action. My car has enough gas to get me to Virginia. But did I actually drive to Virginia?
The president has the power to declassify.
But did that mean he took the action to declassify these documents. So far no evidence has been presented for this.
Remember the judge in this case are treating these documents as currently classified. Trump's lawyers have to get a security clearance and the classified evidence can only be view at a secure part of the courthouse.
He said he did. He has people who worked for him who said he did. That's all it takes. That's not even the argument the Government is making. They are saying that after Biden took office he reclassified the documents. The same Biden who did not have the power to declassify as VP and yet had thousands upon thousands of classified documents that he took with him. By the government's argument they could say anyone is in possession of something Biden says is now classified and arrest you for it. It doesn't work that way.
There is evidence he declassified Crossfire Hurricane material
https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-declassification-certain-materials-related-fbis-crossfire-hurricane-investigation/
But he has not been charged with any of this material.
Where does the government say this? How would Biden know what documents Trump had a Mar a Lago? How would this reclassification take place?
It doesn't work that way and they are not making argument.
Trump is not charged with mere possession. He is charged with willfully retaining these documents. That means the government asked for them back....in fact, they subpoenaed these documents. The government is saying Trump hid these documents from his lawyers to avoid turning them over.