The Florida indictment of Donald Trump for his mishandling and wrongful retention of classified national defense documents under the Espionage Act, and for his obstruction of justice, contains five paragraphs of factual allegations of Trump disseminating classified defense information to persons without a security clearance to see the information, but the complaint does not contain a count for dissemination of classified defense documents.
Many commentators were quick to ask “why?”
Ryan Goodman and Andrew Weissmann explain, Jack Smith’s Backup Option (paywall article):
Even before last Thursday’s indictment in United States v. Donald Trump, public speculation swirled about whether the former president had taken classified documents not just to Mar-a-Lago but also to his residence and golf club in Bedminster, New Jersey. The indictment answered that question with a bang while presenting a new puzzle about why Trump isn’t facing even steeper charges.
According to the Justice Department and a taped recording of the former president, Trump took classified records from Mar-a-Lago to Bedminster, where he showed off the contents of such records to others. The indictment alleges that Trump showed a map to a political ally and also showed a writer and a publisher a secret military plan to attack Iran. These two episodes were arguably the most egregious allegations of criminal wrongdoing mentioned in the indictment; they allege not just the improper retention of our nation’s most highly classified information, but the intentional communication of such information.
But these two allegations raise a question: Why did Special Counsel Jack Smith charge Trump with illegal retention of classified documents but not with dissemination of such materials? And is that decision final, or could dissemination charges still be in the works?
To Summarize:
The reason is self-evident. The dissemination of the classified defense information occurred in Bedminster, New Jersey, not in Florida. The locus of the crime was in New Jersey, and that is where jurisdiction lies for the dissemination claim.
Prosecutors are “retaining a card in their back pocket” in the event the corrupt Judge Aileen Cannon demonstrates that she will assist Trump in his obstruction of justice, as she did earlier in the case. Prosecutors can bring the dissemination claim in New Jersey, with a far more favorable selection of judges and jury members than in the Fascist State of Florida.
Keep your eye on this ball: Bedminster.@AWeissmann_ and I analyze "intriguing possibility of another indictment to come" charging former President Trump for dissemination of classified information at his New Jersey golf club.
Jack Smith's Backup Optionhttps://t.co/ixJhh42DGd
— Ryan Goodman (@rgoodlaw) June 14, 2023
Smart take and a very interesting possibility. The Bedminster conduct can't be charged in Florida, so I'd view this less as a back up & more as a compelled separation of different criminal conduct under the law. Trump could always move to consolidate the cases in one court. https://t.co/7OzwvBpJR3
— Joyce Alene (@JoyceWhiteVance) June 14, 2023
If Judge Cannon were to [deep-six] the charges before her by, say, delaying the trial past the 2024 presidential election, the special counsel could sidestep her tactic by proceeding with charges [for disseminating national security secrets] in New Jersey.https://t.co/c3KwvMfzYT
— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) June 14, 2023
Why charges in documents case could be brought in New Jersey https://t.co/HNv45Dmx4Z via @msnbc
— Andrew Weissmann (weissmann11 on Threads)🌻 (@AWeissmann_) June 15, 2023
Check, and check mate.
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While they’re at it an order to exhume Ivana’s grave(?) would be helpful. Wouldn’t put it past the Vulgar Talking Yam to have an empty grave on the golf course just to reap the tax benefits. Who knows? Perhaps more highly classified government documents are interred there instead!