The federal indictment against Trump outlined in clear detail just how casually and haphazardly Donald treated our country’s highly sensitive documents. We’re talking about nuclear secrets, our own vulnerabilities to attack, Pentagon battle plans, intelligence on both foreign allies and adversaries, as well as a lot of information that feels like “get out of jail free” bargaining chips or outright profit centers for the ex-Grifter-in-Chief.
These secrets were displayed to people without security clearance, haphazardly stored in bathrooms with garish chandeliers and unbelievably short toilets, in a resort where foreign nationals freely wandered the grounds.
Let’s take a look at Trump’s playbook for defending these charges, with made-for-media soundbites that his supporters parrot on social media as legitimate defenses to his TRE45ONous actions.
I gave everything back
In early 2021, the National Archives and Records Administration asked for the missing classified documents back. By early 2022, after a series of political and clandestine maneuvers we now know happened (e.g. moving documents) Trump claims that all the documents are now with the National Archives because they came and got everything. He said this was a totally normal occurrence.
FBI planted those documents
In August 2022, after not giving back the documents as claimed, the FBI raided Mar-a-Lago.
“Everyone was asked to leave the premises, they wanted to be alone. . . without any witnesses to see what they were doing, taking or, hopefully not, ‘planting.’”
Donald Trump
“There is no security that something wasn’t planted”
Christina Bobb, Trump’s attorney
“It’s also possible that the Trump-hating Marxist thugs in charge will ‘plant’ documents while they’re in possession of the material.”
Donald Trump
I had every right to do it
In defiance of common sense and clear meaning of the law, Trump asserts that he was entitled under the Presidential Records Act to keep the documents he took.
“I had every right” to keep them.
Donald Trump
Trump told CNN that “I would have the right to” in response to being asked if he shared classified information with anyone. And followed up with “By the way, they were declassified after.”
In a surprise to no one, nowhere — no, he didn’t have that right, and no, they weren’t declassified after.
“This is crazy! . . . Under the Presidential Records Act, I’m allowed to do all this.”
Donald Trump on Truth Social
I had a standing declassification order
The original GOP argument was that Trump had a “standing declassification order,” so that any document he removed was immediately declassified. (He didn’t, and he can’t)
I was keeping them safe
In fairness, it was Giuliani who offered this defense, but it’s worth mentioning. Rudy claims that Donald was just earnestly safekeeping national security secrets.
They are only news clippings
Also in fairness, Trump’s legal team uttered this one, but one has to assume that attorneys are not as likely as crooked politicians to make deliberately false statements, so it’s reasonable to assume that Trump at least had a hand behind the scenes in this defense.
They were keepsakes
“These were just ordinary, inexpensive folders with various words printed on them, but they were a ‘cool’ keepsake. Perhaps the Gestapo took some of these empty folders when they raided Mar-a-Lago”
Donald Trump
I can declassify things just by thinking about it
Trump told Fox News that he could declassify things “just by thinking about it.” No, seriously. I know that sounds like a joke, but he really did claim this.
I had two years to look them over
Tim Parlatore, one of Trump’s former attorneys (there’s been a lot of turnover in that role), repeatedly claimed that Trump is allowed to take up to two years after he leaves office to “go through all these documents to figure out what’s personal and what’s presidential.”
In a rare public statement, the National Archives flatly rebuked this assertion.
“There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports.”
National Archives statement on the matter
It was an accident
Trump’s legal team told Congress that classified material was “inadvertently” packed up at the end of the administration.
We already know from multiples sources and recordings that this was a deliberate act.
I was too busy
At a rally at his Bedminster Golf Club and then again on Fox News, Trump claimed that he hadn’t had a chance to go through the documents when the federal government called because they were mixed up with his personal belongings and he was just too busy to look at them.
I wonder if he still schedules a half-day of “executive time” for TV watching now that he’s not on the taxpayer dime. 🤔
Everybody else does it
But what about her e-mails?
It’s a witch hunt!
I love this one. How many investigations can we count where Trump has rebuked them as witch hunts?
“Crooked Joe Biden pressed deranged Jack Smith to do this fake indictment on me”
Trump on Truth Social
“I did everything right and got indicted!”
Donald Trump
“I did NOTHING WRONG. JOE DID!”
Trump on Truth Social
I had to get my personal things out
Trump tells Fox news that he couldn’t return the documents until he got all of his personal things out of the boxes first, because the classified documents with stored with old golf shirts and shoes. Seriously — here’s a transcribed excerpt and video clip.
Office of the President
The final defense tactic is the scariest one. Trump is running for President again. If he’s successful, he’ll minimally be able to block the prosecution from going further. If he’s not successful in his third attempt at the Presidency, he’ll attempt to negotiate a pardon in exchange for political support.
The Actual Facts
The Presidential Records Act (PRA) requires that all records created by Presidents and Vice-President) be turned over to the National Archives when they leave office. Some ex-Presidents have notified the National Archives before they leave office of their intention to build a Presidential library under the Presidential Libraries Act, in which case there is tight control over document retention and storage. Trump expressed no such intention.
There has never been any indication that Trump followed the legally mandated declassification process, and his attorneys have avoided saying in court whether Trump actually declassified any documents. They might say it to the press, but they’ve been smart enough to avoid those statements in court, where, you know, the truth matters. They accepted Trump as a client, and they’ve willfully lied to the press, but you also have to take into account that Trump willfully lied about the existence of these documents to his own attorneys, and one has to assume that those lies have at least partially led to the revolving door of legal representation on this case.
The National Archives has issued a 10 13 16 17 press releases in response to media queries about this case. These are the facts directly from the folks who know them the best.
And from Trump’s own mouth:
“As president, I could have declassified, but now I can’t.”
Donald Trump, in a recorded meeting at Mar-a-Lago
Trump is the most brazen and habitual liar ever to hold the office of President.
