Dept. of Justice Special Counsel Jack Smith has struck “gold” after obtaining the contemporaneous notes of a Trump attorney who counseled the ex-president on his possibly unlawful removal, retention, and refusal to return hundreds of classified documents from the White House, says a top legal expert and former Special Counsel.
“Special Counsel Smith strikes gold,” tweeted NYU School of Law professor of law Ryan Goodman, the founding co-editor-in-chief of Just Security, an NYU website on U.S. national security law and policy.
Goodman pointed to a CNN article titled, “Trump’s attorney took notes that say the former president wanted to fight subpoena for classified docs.”
“Donald Trump asked whether he could push back against Justice Department efforts last year to recover any classified documents still in his possession during conversations with his lawyer over compliance with a federal subpoena, according to multiple sources familiar with notes taken by his lawyer and turned over to investigators,” CNN reported.
“Special counsel Jack Smith has obtained dozens of pages of notes that Trump’s attorney Evan Corcoran took last spring, memorializing conversations with his client after the former president received the subpoena last May and before a key meeting with the Justice Department a few weeks later when Trump’s legal team said they had turned over all classified records they could find, the sources told CNN.”
Goodman highlights aspects of the reporting. He writes: “Trump’s team ‘surprised about the level of detail,'” and “Obtains ‘dozens of pages of notes’ of Trump attorney ‘memorializing conversations with his client.'”
“My take,” he summarizes, “Contains evidence of obstruction & Espionage Act.”
Goodman continues, citing CNN, and says, “the notes show over the course of conversations with Trump, ‘the attorney explained that the subpoena meant Trump would need to return all records.'”
“As [former U.S. Attorney Barb McQuade] explained with The Guardian’s Hugo Lowell’s “scoop, that is evidence of willfulness,” Goodman says.
He then points to this sentence from CNN: “Trump, when informed by his lawyer about the subpoena and how he should respond, asked if there was any way to fight it.”
Goodman says that “is evidence of Espionage Act ‘willful retention,’ 18 USC 793(e), and Obstruction, 18 USC 1519.”