Quote (JessiWan @ Aug 16 2022 03:46pm)
I never said they had to ask. Rather my point is that you cannot prove that Trump isn't in the process of returning those papers. If he can prove that he really has the intention of returning the papers but is just taking a while, then it's a crime that's a lot less serious.
Fender is. He said, "why doesn't the law apply to Trump" which is the assumption that Trump is guilty already. I had a problem with this statement of his, that's all.
You are right that possession of classified material one has no authority for is a crime, and I guess in a strict, technical sense, Trump is indeed in such a possession. However, this is not analogous to a criminal having some crystal meth on him. Trump used to be president, and he had access to that kind of documents. It is conceivable he took some of these home with him when he was still potus and the papers stayed there and either he forgot to return them, or like I said earlier, he is in the process of returning them. And most importantly, at the time when he took those papers home, there was probably no criminal intention. A criminal getting hold of crystal meth has criminal intention. A sitting president taking sensitive papers home with him might not have criminal intention.
Although I admit I am not too sure about the legality of a POTUS taking sensitive documents home with him.
I absolutely guarantee you that when he was POTUS, he was made very well aware of the storage/viewing requirements for TS/SCI information. The White House and many other government facilities have SCIFs for this purpose, and him viewing any such information within a SCIF is perfectly normal. Mere possession outside a SCIF is a criminal act, regardless of intention.