Criminal charges against Trump continue to pile up with a superseding indictment and a new indictment over his efforts to overturn the 2020 election. The superseding indictment alleges Trump violated the Espionage Act and conspired to obstruct justice. Guest David Aaron, a former prosecutor, discusses the additional charges. The podcast explores the significance of adding a new count to the Trump-Morilago retention of documents case and analyzes the implications of a public transcript. It also dives into the document mentioned in the indictment and the obstruction of justice charges. The reasons behind the addition of charges and speculation on defense arguments are discussed.
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Quick takeaways
The superseding indictment filed against Donald Trump raises questions about a failure to deliver a classified document to the appropriate authority.
Detailed evidence in the indictment supports the charge that Trump attempted to obstruct justice by directing the deletion of security footage at Mar-a-Lago.
Deep dives
Additional charges in the classified documents case
A superseding indictment was filed against Donald Trump, adding three additional charges to the 37 originally filed. The indictment alleges that Trump violated the Espionage Act by retaining a classified document at his golf club and conspired to obstruct justice by attempting to delete security camera footage. The decision to include this document in the indictment suggests new evidence or a different alignment with the charged statute.
Weakening of the retention charge due to document return
The indictment claims that Trump returned the document to the National Archives before the FBI searched Mar-a-Lago. This raises questions about whether there was a failure to deliver it to the appropriate authority as required by the statute. The extent of the failure to return the document and the limits of this legal requirement have yet to be fully explored. The fact that Trump acknowledged the document's classified nature in an audio recording further strengthens the case against him.
Obstruction of justice charges and consciousness of guilt
The indictment provides detailed evidence of Trump's alleged efforts to obstruct justice. It reconstructs a sequence of events where Trump directed two individuals to delete security footage at Mar-a-Lago. This represents an attempt to cover up evidence related to the obstruction charge. The circumstantial evidence, including Trump's prior statements about data deletion, consciousness of guilt, and the inference drawn from the timeline presented in the indictment, strongly supports the obstruction of justice charges. The complexity of this case and the level of evidence make it difficult to imagine a jury pool oblivious to the possibility of guilt.
The criminal charges against Donald Trump continue to pile up.
On July 27, a superseding indictment was filed in the classified documents case against Trump, adding three additional charges to the 37 originally filed in June. Five days later, Special Counsel Jack Smith filed a new indictment over the former president’s efforts to overturn the results of the 2020 election.
The superseding indictment in the classified documents case alleges that Trump violated the Espionage Act by retaining a classified document described as a “presentation concerning military activity in a foreign country,” at his golf club in Bedminster, New Jersey, and that Trump conspired with two associates, Carlos De Oliveira and Walt Nauta, to obstruct justice by attempting to delete security camera footage at Mar-a-Lago in order to conceal it from the FBI and a grand jury.
Joining the show to discuss the additional charges in the classified documents case is David Aaron.
David is a Senior Counsel in the Washington, D.C. and New York offices of the law firm Perkins Coie. Before joining private practice, David was a prosecutor in the Justice Department's National Security Division, where he prosecuted Espionage Act violations and saw how the process works from the inside. This conversation was recorded on July 30, 2023.