Opinion: Tom Campbell: Breaking down the Trump indictment
Nevertheless, the indictment includes what is practically a primer on those classification categories, emphasizing the harm that can potentially come to the United States from their release to unauthorized persons.
The decision to include this material has nothing to do with the law. Rather, the inclusions were for public consumption to anticipate the argument by Trump’s defenders that the papers were not really all that important. The Special Counsel only has to prove that the documents related “to the national defense” and were willfully retained by someone not authorized to possess them.
This entire count could have been omitted. The other statutes that were pled in the indictment deal with Trump having willfully concealed information from the FBI — which applies so long as the information was relevant to the FBI’s legitimate functions, whether the information was classified top secret or not, or related to national defense or not.
The prosecutor’s strategy is also clear in the decision to indict Waltine Nauta along with Trump. Nauta was the Navy serviceman who served as a valet to President Trump in the White House. After 2020, Nauta left the Navy and became a private employee of Trump. The indictment refers to Nauta as Trump’s “body man.” Nauta is mentioned in every step of the case.
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