Post #3424 by commonone on the US Policy board

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Although albaby1 has been doing an outstanding job of explaining the facts and relevant laws, here's one of the better analyses of the differences between the Clinton and Trump documents cases, published today in Lawfare.

snip...

Importantly, the crux of Clinton's case, unlike Trump's, was about gradations of carelessness, recklessness, and gross negligence -- states of mind that can constitute felonies only in rare situations, like manslaughter. This fact alone already makes Clinton's case qualitatively different from Trump's. None of the seven crimes that a Florida grand jury found Trump to have committed hinges on proving a defendant's 'extreme carelessness.' Trump is accused of acting 'with intent,' 'knowingly,' 'willfully,' and 'corruptly,' and of doing so over a period of 18 months. The indictment alleges that he told bald-faced lies to at least two of his own lawyers -- Evan Corcoran and Christina Bobb in June 2022 -- in an effort to persist in, and cover-up, his 31 other intentional crimes. It alleges that he repeatedly urged one of those lawyers, Corcoran, to conceal or destroy documents on his behalf, in both May and June of 2022. It alleges that Trump enlisted multiple employees into his obstructive conduct, at least one of whom became an active co-conspirator. Though indictments never set forth all the evidence the government intends to use to prove them, this one does foreshadow the evidence that supports it; at a minimum, that includes the testimony of multiple eyewitnesses, text messages, photographs, video surveillance footage, and an audio recording.

https://www.lawfareblog.com/703-ways-trumps-mar-la...

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