An Update on the Trump Classified Documents Case

Aug 10, 2023

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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Introduction

00:00 • 2min

The Addition of a New Count in the Trump-Morilago Retention of Documents Case

01:46 • 4min

Analysis of the Former President's Knowledge and Handling of Classified Documents

05:18 • 2min

Trump Classified Documents Case: Document Mentioned in the Indictment and Obstruction of Justice Charges

07:04 • 8min

Reasons behind the Addition of Charges and Speculation on Defense Arguments

15:33 • 4min

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.

Show Notes:

David Aaron (@davidcaaron)
Paras Shah (@pshah518)
Just Security’s Espionage Act coverage
Just Security’s classified information coverage
Just Security’s coverage of Special Counsel Jack Smith
Just Security’s Trump Classified Docs Clearinghouse
Tess Bridgeman (@bridgewriter) and Ryan Goodman’s (@rgoodlaw) Just Security article on the national security implications of the superseding indictment
Brian D. Greer (@secretsandlaws) and Wendy Leben’s Just Security Podcast episode on the presidential classification and declassification process
Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
Music: “Covert Affair” by Kevin MacLeod from Uppbeat: https://uppbeat.io/t/kevin-macleod/covert-affair (License code: Z20AS7IAZ04VZZBR)