Judging Freedom - Mar-a-Lago classified papers held U.S. secrets about Iran and China.

Episode Date: October 21, 2022

Hi everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Friday, October 21st, 2022. It's about 2.35 in the afternoon here on the east coast of the United States. You've heard me say this before and it gives me no joy to say it. Donald Trump will soon be indicted by a federal grand jury and charged with violations of the Espionage Act and probably with obstruction of justice to very grave and very serious criminal charges. I've stated a number of times the reasons for all that, but the evidence just keeps piling up and it's almost inconceivable that the Department of Justice will avoid it. We now know, and this was leaked and it shouldn't have been leaked and it could only have been leaked by somebody on the DOJ side, not on Trump's side. We now know that the documents that were seized from his home were of exceptional sensitivity in that they contained U.S. intelligence knowledge about Chinese weaponry and about Iranian weaponry.

Two countries, the governments of which wish us ill and do not wish us well. And the documents also contain the sources and methods of how the information in the documents was obtained. Stated differently, the documents reveal how the feds got their hands on this information. Who told it to them? What surveillance did they engage in? This is the highest protected NDI, national defense information, that the federal government has, and it was handled with reckless exposure at Trump's home. It was moved about by people who did not have top security clearances. The president himself, once he left the White House, no longer had that clearance, and there is no legal basis under the sun for him to have had that. These are at least the arguments that the government will make when it confronts a motion

to dismiss the indictments against him. But rest assured, those indictments will come. These matters are very grave. The president's response today continued with his recklessness, saying, ah, who would trust the FBI? They probably planted this stuff. Well, when he told a federal judge in Brooklyn, that's Judge Raymond Deary, the special master in this case, was reviewing the documents that the FBI planted information, and Judge Deary said, okay, show me the documents where the information is planted. Show me what was planted. Trump slayers were unable to respond, and that's when the judge famously or infamously said, where's the beef? You've made these allegations. Your client has made these allegations publicly.

I get it. He can say what he wants. But now you've made the allegations, lawyers for Donald Trump, in this courtroom. Back up your allegations. Now Trump has made the allegations again. hours ago accused the FBI, the DOJ, and the National Archives of planting top secret information within the documents that he took from the White House. This will be a very very difficult charge for him to prove and you know worse

than making an allegation that you shouldn't be made is making an allegation that cannot be proven. That's the pickle that the president is in now once this federal judge asks his lawyers about this. The pattern is the same. I say this with no joy and I say this as his friend for 35 years. His behavior was reckless and criminal, and he will be indicted for it. And the more allegations he hurls at the DOJ, the more reckless his behavior appears. On a side issue, the January 6th committee in the House of Representatives, which will probably go out of business in January once the Republicans take a majority of seats in the midterm elections in the House of Representatives, succeeded today in subpoenaing President Trump. What does it mean

they succeeded in subpoenaing? That means they got the subpoena in the hands of someone who was a legitimate lawful representative of President Trump. They attempted to subpoena his many, many, his dozens of lawyers in all these criminal cases. And they all said, we have nothing to do with January 6th. He finally hired a team of lawyers to represent him just with respect to January 6th. And those lawyers were professional enough to accept the subpoena from the committee's lawyers. So now the clock is ticking. The president will either need the former president will either need to comply with the subpoena by

showing up on the date stated in the subpoena and submitting to public testimony under oath or he will need to move to quash the subpoena before the time provided for in the rules. It's almost inconceivable that he would show up. I mean, if he does and tells the truth, he's probably a stronger explainer of his version of events than the acolytes he sent out there to speak in his behalf. But of course, he'll be under oath, and he exposes himself to a perjury trap.

So my guess is that he'll move to quash the subpoena. Whatever the outcome of that motion is, the appeals will most likely not be resolved before this Congress is over. Now, if the Democrats pull a rabbit out of a hat and win in November, well, then the president's problems multiply because the committee will stay in business. More as we get it. Judge Napolitano for Judging Freedom.