Federal prosecutors have evidence Donald Trump was put on notice that he could not retain any classified documents after he was subpoenaed for their return last year, as they examine whether the subsequent failure to fully comply with the subpoena was a deliberate act of obstruction by the former president.
I dunno, maybe they could have told him this at the beginning of his term in office (as if he would have complied)?
For that reason, I think it is important to focus on the retaining of classified documents, rather than possession, given Biden’s situation. Biden didn’t even have to be warned before returning what he had, unlike some other guy.
And here is a reminder that outgoing Presidents are given extensive help and guidance from the National Archives in handling of any classified documents as they leave office…and Vice Presidents get none at all.
IAAL but not that kind of lawyer. My understanding is definitely on the Prince Albert end of the spectrum. The bar to pierce is pretty dang high. It might be tried often enough but succeeding seems rare
I am unfamiliar with the Prince Albert reference (will someone let him out of that can already??), so I will say it’s as rare as hen’s teeth. Judges do NOT like to mess with attorney client privilege. The privilege survives the client’s death, if that gives you an idea of how seriously it’s taken.
While it can often be fruitless to speculate on the meaning of a judge’s rulings, a finding of crime -fraud exception - by the trial judge and an appellate panel- is a pretty good sign of an indictment coming down, and a solid one at that.
I’m going to assume that you are not a risk taker, so believe me when I say that you probably don’t want to google the term. As you may have surmised, it has nothing to do with the old Prince Albert in a can phone prank.