National security attorney Bradley Moss on Thursday said that there is now a strong chance that former President Donald Trump will be prosecuted under the Espionage Act -- and that he only has himself to blame.
While speaking with CNN, Moss scrutinized Trump's past statements about being able to declassify top-secret government documents just by thinking about it, and he contrasted it with a private recording that allegedly shows Trump had awareness that his declassification powers were really much more limited.
"This is the most dangerous place for him," said Moss. "Yes, when he was president, he had all kinds of authority to declassify documents. But the courts have weighed in saying there has to be proper declassification. Every single time it's been handled, there has to actually be the demarking, the documentation of the declassification. He can't just walk off with it as he flew down to Mar-a-Lago and say it's declassified. It's not the way it works."
He then added that Trump seems to have latched onto the fact that he had very broad declassification powers as president, and then ran with it to ridiculous lengths.
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"He understands a small bit of the legal theory, he is taking that to the extreme," said Moss. "That's going to be his undoing here."
Moss also noted that none of Trump's attorneys have asserted in court filings that he had already used mental declassification powers on the documents he brought with him to Mar-a-Lago, which indicates that they also understand that his argument will not fly in courts.
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