'Incredibly powerful': ex-federal prosecutor explains why Trump should be worried about tapes
Trump speaking at the 2017 Conservative Political Action Conference. (Gage Skidmore/Flickr)
May 31, 2023
The audio recording in which Donald Trump can reportedly be heard discussing a classified document should worry the former president in part because of the nature of that medium when it comes to a jury, a former U.S. Attorney said Wednesday evening.
Joyce Vance, speaking on MSNBC's The 11th Hour With Stephanie Ruhle, was asked if the newly reported audio tapes represented a "huge deal" in Jack Smith's investigation into Trump's actions surrounding the documents.
"I think you are right, it is a huge deal and it is tough based on what we know right now to assess exactly what it meant," Vance told the host. "Is this a whole new charge that Smith will be able to bring against trump?"
Vance noted that, at the very least, the article describes retention of a document.
"It doesn't have to be classified under the Espionage Act. It's enough that its national defense information. But this is both," she added. "So it could be a separate charge."
However, she added that the audio recording could be most powerful in terms of a jury trial.
"It's also powerful, unbelievably powerful to play a tape recording for a jury and to have them hear the defendants essentially confess that he knew that he could not de-classify information on the spot," she said. "Also that he had retained classified material after leaving the presidency."
Vance also noted that this event is unique because it happened in Bedminster, not Mar-a-Lago.
"There's always been some confusion about what precisely the role of Bedminster in storage or post-presidency is for Trump. We've all seen pictures of boxes but we don't know what was and then that were transported from Mar-a-Lago to Bedminster on roughly a timeline that was consistent with DOJ letting Trump know that they were aware he continue to have possession of these items. So lots of potential uses for this information, all good for the prosecution."
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