It makes little difference whether Trump declassified documents at heart of federal indictment: legal scholars
Fox News
Legal experts told Fox News Digital it makes little difference whether the documents at the heart of former President Trump's federal indictment were declassified.
"The Espionage Act crime is willful retention of national defense information, not classified information," McCarthy said. "There is no actual evidence that Trump declassified documents, but even if he did, that would not mean the documents aren’t national defense information." Houston Keene is a politics writer for Fox News Digital. Story tips can be sent to Houston.Keene@Fox.com and on Twitter: @HoustonKeene
"Moreover, as for the obstruction charges, the grand jury subpoena required him to surrender all documents physically bearing classification markings; so, again, even if he had declassified them, that would be irrelevant because the subpoena did not hinge on whether the documents were still classified – just whether they were marked classified," he added.
Trump is scheduled for an initial court hearing Tuesday after a federal grand jury indicted him Friday on 37 charges related to his retention of sensitive documents. His indictment has led to calls for Special Counsel Robert Hur to bring similar charges against President Biden.
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