Former President Donald Trump deployed a novel strategy Tuesday against charges of mishandling classified documents: the “Clinton Socks” defense.
case.” He noted that the Department of Justice and a federal judge in 2012 defined presidential records as anything left at the White House after a sitting president leaves office. The “Clinton Socks” precedent could therefore provide a path for Trump to argue that the records seized from Mar-A-Lago were personal in nature, even if they contained sensitive information.
DOJ is certainly familiar with the “Clinton Socks” defense. Moreover, there are parallels between the two cases in that both former Presidents Clinton and Trump allegedly disclosed classified information in private meetings. Special Prosecutor Jack Smith’sof Trump also relies on audio recordings of an interview between Trump and a writer and publisher.
while Clinton was in office that allegedly recorded phone calls and discussions Clinton had as part of his official duties. The court’sin the “Clinton Socks” case states that the sole authority to classify records pursuant to the rests solely with the president, and that the National Archives does not have any authority regarding classification, nor can it seize presidential records.
The “Clinton Socks” defense was just one of the arguments Trump cited. He also noted, as conservative radio host Mark Levin has pointed out, that the Espionage Act of 1917, which Trump is accused of violating, was not intended to apply to presidents. If it had been, then every president who took documents with him before the passage of the PRA in 1978 could have been prosecuted for “espionage.
It remains to be seen whether any of these arguments are strong enough to quash the indictment. But the “Clinton Socks” defense is among the more formidable ones — a fact to which CNN’s relative silence attests.
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