The government wouldn't have a tape of him taking about what they are charging with if he would have kept his mouth shut.
Exactly.
The details in that indictment are interesting. Normally, things like intent in these kind of cases can be very difficult to prove, which is why prosecutions can be so difficult. As we all know, there were classified documents found at Pence's house, Biden's etc.. But one defense they'll all use is to say "Hey, there were many thousands of documents in those boxes, I never went through all those boxes, and so didn't even know those classified docs were in there. Sorry -- here they are."
Now, you may think that's a lame excuse, but that doesn't make it any less effective in those kind of cases where you have to prove every element, including state of mind, beyond a reasonable doubt.
The problem for Trump is that he apparently shot off his mouth to various people from whom sworn testimony has been obtained. And that testimony is that he knew he had classified documents, actually showed those documents to social acquaintances who didn't even have security clearances, while stating that he probably shouldn't be showing those documents to them. I mean, WTF???? He also directed people to move boxes that he knew had classified documents to places where his attorneys would not be looking. And it goes on an on.
This is serious stuff, and I honestly never thought it would be that bad. His defense of "well, other Presidents did the same thing" is going to fall pretty damn flat because he just isn't going to be able to show that. It's just...ridiculous. And immature as hell, like he thinks it's some giant game or something.
That is just mind-numbingly stupid conduct. It's the mindset of a kid who steals something and then shows his friends because he wants them to think he's cool. I honestly hoped/expected this would all be just the criminalization of ordinary conduct. It isn't. Trump has screwed
himself.