Trump Documents Case Dismissed

Becoming the President of the United States gives one great power, including the ability to see nearly every classified document (and yes, I did say nearly – some Need to Know documents never grace the President’s desk). Depending on the document, the President also has the ability to declassify as they see fit. That requires a process, and not every document can be declassified – for example, the nuclear codes, documents that identify confidential or intelligence sources, or certain design concepts of weapons of mass destruction.

One does not simply declassify documents will-nilly by removing them from the White House or their respective SCIF and keeping them in their resort.

For the longest time, this was the defense from the Trump Team after classified documents were discovered. Over several different scheduled raids, authorities found poorly secured classified documents in Mar-a-Lago, even after Trump attorneys swore that there were no more – in total, over 11,000 documents were found, with over 100 being marked as classified. There are still more missing.

The issue isn’t that the former president had these documents. This was not the first, nor last, time a President or other elected official has been discovered to have them. Generally, when the official or former official discovers the documents, they contact the National Archives and Records Administration (NARA), and either they or the FBI collect the documents and do a general search of the building to ensure there are no more. Once returned, an investigation is typically done, discovers no intentional wrongdoing, and no further action is taken.

However, Trump did not do this.

The Timeline (scroll for a TL;DR, and for my opinion on the case)

NARA, once they discovered they were missing something like two dozen boxes of documents, contact Trump and his lawyers in January of 2022. They admit to having some of the records, and turn over fifteen boxes. NARA identifies that some of these documents have the highest level of classification, and seeks permission to notify the FBI. Soon after, the Washington Post reports on this, and NARA announces that they are still looking for documents.

In February 2022, the House Oversight Committee announces an investigation into the way Trump handled the documents, and NARA testifies.

In April 2022, the FBI is given access to the documents that were recovered from Trump, whose lawyer seeks to delay the disclosure, which is ultimately denied in May 2022.

In June of 2022, a redacted Trump representative claims a “diligent” search was performed, and all documents have been returned.

This was proven false, however, in August 2022, when the FBI conducted a scheduled raid of Mar-a-Lago and found 13 additional boxes of classified documents and 48 empty folders with the classification label. Two weeks after, Trump’s team requests a special master to review the documents. Four days after this, the Justice Department, in response to a lawsuit from news agencies and with approval from the Judge, releases a heavily redacted affidavit that granted them the search warrant. The Justice Department then releases its response to the special master review request, in which they deny the need for one, stating that Trump does not own the documents to begin with, that Trump would not be injured if the request was denied, and that the request being granted with prove harmful to national security interests.

Ultimately, Judge Cannon appoints a special master in September 2022.

In November 2022, Trump announces his Presidential bid. In an effort to avoid even the appearance of a conflict of interest, Attorney General Garland appoints Jack Smith, a prosecutor who has gone after both sides of the political aisle, as Special Council to the documents case.

In December 2022, an appeals panel overturns Judge Cannon’s decision to appoint a special master. This clears what was described as a “major obstacle” for the authorities. Trump attorney Parlatore also appears before the grand jury.

Over a year after this debacle starts, in March 2023, investigators present evidence that Trump willfully and knowingly misled his attorneys regarding which classified documents he had. Corcoran, one of said attorneys, is compelled by Judge Powell to appear before the grand jury.

In April 2023, several of Trump’s Secret Service detail are subpoenaed by the special council.

In May 2023, Parlatore departs Trump’s legal team. An audio recording is later revealed of Trump appearing to acknowledge that he had sensitive military documents that he should not have.

In June 2023, Mark Meadows and Taylor Budowich testify before the Grand Jury. Trump receives an official letter that he is the target of their probe, solidifying what most already knew. Two days later, he and Walt Nauta, his long time aid, are charged with 37 counts. Trump is arraigned in Miami rather quickly and pleads not guilty, later saying that he “had every right to these documents.” He denies the documents being classified on Fox News, stating that “there was nothing to declassify.” Judge Cannon sets a tentative date of August 14, 2023, for the start of the trial. The special council asks for a delay of the trial until December, due to needing time to obtain the proper clearances to review the materials.

Trump’s legal team asks for an infinite delay in July 2023, hinting that it may be impossible to try the case before the election. It is later delayed until May 20, 2024. While this is being negotiated, it is discovered that a Trump Organization employee may have mishandled security footage and lied to investigators about it. A grand jury returns a second round of indictments, alleging Trump, in partnership with Nauta and the previously mentioned employee (De Oliveira), conspired to destroy footage that showed other employees handling the classified materials. They also charge him regarding the document mentioned in the audio recording from May.

In August 2023, Judge Cannon questions Smith using a grand jury out of the district, and asks Nauta’s attorney to file a motion regarding his concerns. Trump asks for a SCIF to be established at Mar-a-Lago – specifically, the reinstate one that was used when he was President – so he could “prepare an adequate defense.” Smith’s office responds by saying it is “unnecessary and unjustified.” While they wait for an answer, all three defendants plead not guilty to the second round of charges. Mark Medows contradicts Trump’s defense by denying recalling Trump ever even discussing, much less ordering, declassifying large amounts of classified material, or a standing order being in place for automatic declassification.

In September 2023, a long time assistant tells ABC News that Trump regularly wrote to-do lists on the classified documents. Trump asks for a further three month delay as they claim to be having issues with viewing the classified documents.

In October 2023, Judge Cannon pauses all litigation regarding the documents as she considers Trump’s extended deadline request. Smith’s team brings up that Nauta and De Oliveira’s lawyers may have a conflict of interest, as they represent witnesses the government may call during the trial, but Judge Cannon rejects the idea and chastises the Council for attempting to make “last minute” arguments before dismissing the hearing for a later date. Nauta later states that he wishes to continue being represented by his attorney, regardless of the potential conflicts of interest. Trump finally visits a SCIF to view the documents with his lawyers.

In November, Judge Cannon makes further adjustments to the trial schedule, including pushing back some pretrial deadline at the request of the Trump team, but keeps the May start date.

In February of 2024, it is reported that there may have been a “secret room” that the FBI did not check. The FBI announces it is investigating online threats made towards one of the potential witnesses. The council requests that Judge Cannon allows this exhibit to be submitted under seal to protect the integrity of the investigation. The next day, they accuse Trump of a “relentless and misleading” ploy to further delay the trial in a filing. Trump’s legal team files motions to dismiss the case, arguing presidential immunity; that Smith’s appointment is unlawful; that the documents in question should have been in the possession of Trump due to the Presidential Records Act; and that certain statutes should not apply based on a vague precedent in the Constitution.

Smith calls these motions “frivolous” and “outlandish” in March 2024. Judge Cannon denies the motion based on the vague precedent, but later informs both parties to submit proposed jury instructions regarding dismissing the case due to the Presidential Records Act.

Smith encourages Judge Cannon to change her mind on this in April 2024, arguing he never had personal ownership of the documents. She then denies the motion. In the news, it is reported that Trump was very “cavalier” in his handling of the documents and that a coat hanger or small screwdriver could open the storage room where the documents were held.

In May 2024, Judge Cannon indefinitely postpones the trial, pending pretrial litigation. This all but guarantees the trial will not happen before the election. She later denies a motion that would gag Trump from making statements that could threaten law enforcement, despite Trump making unfounded claims of Biden authorizing an “assassination.”

In June 2024, she also denies the defense’s motion to dismiss many counts, but she later hears arguments to dismiss the case based on their assertion the Smith was “unlawfully appointed.” On the second day of the pretrial litigation, she seeks more information on how the investigation was funded, while also hearing arguments that a limited gag order should be imposed on Trump. That night, the special counsel releases photos that disprove tampering of the evidence, which the defense had alleged. On the third day, Trump’s legal team requests that the evidence seized in the August 2022 Mar-a-Lago search should be tossed due to a lack of specificity in the warrant, but Judge Cannon does not appear to bite. After the hearing, Judge Cannon orders an additional hearing on if evidence protected by attorney client privilege was incorrectly used in the indictment.

The Supreme Court makes in appearance in July 2024, ruling that Presidents and former Presidents are entitled to presumptive immunity for all acts that take place while in office. Trump’s legal team then asks Judge Cannon to pause the trial while it is determined whether his actions are considered official acts. Instead of responding to this, however, she dismisses the case, stating that Smith’s appointment was unlawful, as was his funding (due to it not coming from Congress). This decision is appealable, and as of this writing, Smith plans to appeal the ruling

Summary of the timeline (TL;DR)

Trump never denied having the documents in the first place once the raid happened, or that he attempted to keep them after NARA requested them back – instead, he argued: he had every right to those documents; Jack Smith was not lawfully appointed, nor was his funding; Trump held Presidential Immunity. Ultimately, after over two years of delay tactics and attempts to dismiss, Judge Cannon, a Trump appointed judge, dismissed the charges, agreeing that Smith was not lawfully appointed.

My personal opinion

From the beginning, Cannon did everything she feasibly could to accommodate Trump. This trial should have been over a year and a half ago. She favored Trump, and I would be shocked if Smith didn’t use this in his appeal. The grounds Cannon gave are shaky at best, given Garland used the same statute that Barr used in appointing Durham.

I will link the order Garland wrote in my citations below.

Now, before I write this next part, I should say I am not a lawyer. This is based off what research I was able to do in this writing. The Justice Department has been funding Smith. Cannon’s argument is that the investigation has drawn “substantial funds.” There is no caselaw that I could find regarding this, but that is a monster of her making – she continued to postpone the trial, driving the cost up further and further. I do not see how this could hold muster in a truly unbiased court, but I am happy to be corrected by lawyers and/or experts in this field.

My hope is that this goes to trial. It’s a technicality. The man doesn’t deny having the documents (which isn’t the issue) or keeping them (which is) – he simply argues that he has the right to have them. If he really believed that, he wouldn’t be afraid to go to trial.

This will not happen before the election, though, no matter if Smith wins the appeal. And if Trump wins the election, it will never go to trial.

Citations

https://abcnews.go.com/US/timeline-special-counsels-investigation-trumps-handling-classified-documents/story?id=101768329

https://www.cnn.com/2024/07/15/politics/takeaways-dismissal-classified-documents-trump-cannon/index.html

https://www.justice.gov/d9/press-releases/attachments/2022/11/18/2022.11.18_order_5559-2022.pdf

https://www.voanews.com/a/timeline-of-the-trump-documents-inquiry-/6734453.html