A former top Justice Department official believes he has found something in the indictment of Donald Trump that could actually lead to his case being dismissed by a federal judge.
Jeffrey Clark, who served as an assistant attorney general in the Trump administration, said on Friday after reading through the 49-page indictment that there is something on page three that is troubling for the prosecution.
Special counsel Jack Smith has charged the former president with 37 counts related to his handling of classified documents. If he is found guilty on all counts, Trump — who is Joe Biden’s chief rival in next year’s presidential election — reportedly faces decades in prison.
According to the indictment, Trump allegedly showed classified documents to a number of people who did not have the proper security clearances on at least two separate occasions. The DOJ alleges that both instances took place at Trump’s golf club in Bedminster, N.J.
Details regarding one of the alleged instances were leaked to CNN.
The network reported on June 2 that federal prosecutors had “obtained an audio recording of a summer 2021 meeting in which former President Donald Trump acknowledges he held onto a classified Pentagon document about a potential attack on Iran, multiple sources told CNN, undercutting his argument that he declassified everything.”
Naturally, the network did not reveal its source for the leak.
On Friday, Clark noted on Twitter that the leak to the media is grounds for having the case thrown out.
“I’m beginning to read the indictment against Trump,” he wrote. “But even three pages in, it’s clear that the leaks that preceded the indictment are far too close to what is actually being pleaded by DOJ to be a coincidence.”
“For example, in paragraph 6a on page 3, we hear about the recording of the Bedminster call, which the MSNBC’s of the world have been beating a dead horse about for quite a while based on such leaks. This means that Trump lawyers could not possibly be the source of the leaks,” Clark continued.
“Ergo, the leaks are coming from DOJ,” he said. “They must be investigated and punished. Also, this is grounds for granting a motion highlighting jury pool poisoning and dismissing the indictment before it reaches even its one-month birthday.”
He added: “All of this is so outrageous; it shocks the conscience. It’s fundamentally anti-American. Trump Witch Hunt Number … what? I’ve lost count. Let’s call it Trump Witch Hunt #99.”
I'm beginning to read the indictment against Trump. But even three pages in, it's clear that the leaks that preceded the indictment are far too close to what is actually being pleaded by DOJ to be a coincidence.
For example, in paragraph 6a on page 3, we hear about the recording… pic.twitter.com/HP7YErumRf
— Jeff Clark (@JeffClarkUS) June 9, 2023
Trump announced late on Thursday that he has been indicted by the U.S. Department of Justice on charges connected to his handling of classified materials that were found at his Mar-a-Lago estate in Florida last August.
The charges “include willful retention of national defense information, conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, a scheme to conceal, and false statements and representations,” ABC News reported.
“Maximum sentences for the respective charges, per their statutes, range from five up to 20 years, although any eventual sentence should Trump be convicted would likely be much lower,” the outlet added.
“Any eventual sentence should Trump be convicted would likely be much lower,” ABC noted in its report.
Fox News’ Mark Levin sounded off on the indictment against Trump.
Attorney General Garland “made the decision to indict the former president and they made the decision to interfere in this election!” Levin said. “You wanna talk about an insurrection?! This! Is! An insurrection! And that’s exactly what’s going on here!