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Mar-a-Lago Judge: Jury Sees Top Secret Files or Trump Wins
(www.thedailybeast.com)
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this post was submitted on 19 Mar 2024
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Playing a bit of devil's advocate.
We have a tendency to over classify things in general. When I was in a TS SCIF, we would mark things S/TS because we were lazy and didn't want to go through the process to see if something was subject to disclosure.
Assuming, with a great heaping serving of salt, that there is validity to Trump's claim, I can sort of understand putting to a jury to see if the files that Trump took were in fact classified. I can see him stealing the documents simply because it had a cover sheet and not because it was valuable. While I'm sure that he absolutely took sensitive and classified information, I'm equally sure that there is probably a take out menu or two in those boxes.
The problem is that the run of the mill citizen isn't equipped to properly classify a document. I don't know what probative value exists in giving the documents to jurors outside of forcing the prosecution to put them in the public record.
Jurors provide no value beyond the markings even if they are over-classified. I mean I guess you could beat out the security classification guides and a derivative classification course... But even so, the president is only an OCA while in office so the point is kinda moot. I don't think the specific document content matters, just whether or not updated SCG exists with same content, yeah?
Basically, "this line is referencing this item in the guide, the guide still says classified, ergo this is a spill".
Im just trying to understand your experience there. So being lazy, documents could be marked S/TS. And then following on to allowing the jurybto see whether they were classified.
This sounds to me you’re suggesting the jury should verify these documents, and assuming some are marked S/TS, come to a decision as to whether it should actually be that classification and not some lower classification allowing more general disclosure?