31 of them are, 6 are not.
And as I have stated before, the espionage act is a very specific law, it is not broad whatsoever so the burden of proof becomes even higher for Smith.
Although I can see why he used it because filing charges under the PRA would have gotten him nowhere.
Now what is interesting is that according to precedent new laws override existing laws and what Trump is charged with does fall under PRA rules meaning that it will overrule the espionage act.
Smith is going to have to prove in a court of law that the records Trump had were not only used to try and damage the nation but that they actually did.
About 10 of the charges are going to rely on Trumps intent to use them to hurt the nation, the others are going to have to be proven to actually have harmed the nation in some way.
That is a tough thing to prove in a court of law.
Showing a document to a friend isn't really going to cut it.
So these 31 charges are essentially meaningless, they won't stand up, it's the other six that are going to be problematic for Trump. Trump's defense has to prove that he had a legal right to them, Smith has to prove he didn't.
Whatever the jury decides will ultimately end up in the Supreme Court however.
What 6 are not dependent on the espionage act?
Can’t answer?
