Trump faces difficult odds in classified documents case

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Donald Trump faces a formidable task defending against charges that he illegally kept top-secret documents upon leaving the White House in 2021, according to legal experts, who said neither the law nor the facts appear to be on his side.

. The 37 counts against him include violations of the Espionage Act, obstruction of justice conspiracy and false statements.

Trump's lawyers did not immediately respond to requests for comment. Trump has proclaimed his innocence and called the case a "witch hunt" orchestrated by political enemies. Legal experts said the evidence appears to show that Trump was aware he had documents in his possession that were subject to a subpoena but refused to turn them over and encouraged his lawyers to mislead the FBI.

Legal experts said Trump's alleged yearslong effort to conceal documents was likely a major factor in special counsel Jack Smith's decision to indict him.During the investigation, Trump's lawyers told the FBI that they had turned over all classified documents in their possession, which was false. They deny intentionally misleading investigators.

Cato's Neily said that based on his reading of the indictment, prosecutors likely have many witnesses who have given them similar accounts of Trump's efforts. National defense information does not need to be classified to be covered by that law, national security law experts said. The information need only be useful to the nation's adversaries and be closely held by the government.

 

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