which prohibits the unauthorized possession of national defense-related documents. Trump has denied any wrongdoing and is expected to plead not guilty.
“The simple answer is no,” Bernstein said. “The federal government is under no obligation to prove motive.”“There is an added layer of complexity when you are charging based on classified documents,” said, a former federal prosecutor and partner at Los Angeles-based Adams, Duerk & Kamenstein. “You have to prove that the government has taken steps to protect the information, that it relates to national defense, and that its unauthorized disclosure could potentially harm the United States.
“DOJ chose to tell a compelling, detailed story through the indictment, likely in an effort to convince at least some members of the public that this case is not politically motivated," Adams said. "The New York case is much more mysterious in that prosecutors there have told a less detailed story of what Trump is alleged to have done, and they even have referred to an underlying crime without exactly identifying what the crime is.
“We're in quite theoretical territory,” Levin said, “but I think we're in a situation where he either gets elected president or goes to jail.”
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