Former Asst. US Attorney Takes Apart Trump Case and Raises Some Important Questions
By Nick Arama | 9:15 PM on June 15, 2023 We’ve covered some of the legal opinions on the Trump indictment, and there are some varied views. We’ve reported some of them, including those from Jonathan Turley, Andrew McCarthy, and Alan Dershowitz, among others.
But there’s a Twitter thread from Will Scharf that makes some interesting points that are not being picked up by the media.
Scharf is a former Assistant U.S. Attorney who worked on two Supreme Court confirmations and clerked for two federal appellate judges. He’s also running for Missouri Attorney General. Like many, he thinks the prosecution against the former president is “outrageous.”
Scharf notes that Article 3 Project’s Mike Davis and Judicial Watch’s Michael Bekesha’s argument:
…distills down to the idea that the President’s authority to retain Personal Records, as well as his rights to access his Presidential Records, make it impossible to prosecute him under the Espionage Act section at issue here, § 793(e), because the government cannot prove “unauthorized possession,” as required under the statute.
If you accept that argument, then the first 31 counts based on “unauthorized possession” could fall.
But Scharf says it also might be hard to meet the provisions of the act as to intention.
more
https://redstate.com/nick-arama/2023/06/15/former-asst-u-s-attorney-takes-apart-trump-case-and-raises-some-important-questions-n762109
