The Mar-a-Lago search warrant affidavit released in redacted form by the Department of Justice contains three key details that make it likely Donald Trump will be indicted, an expert in national security law concluded on Friday.
"I have finally seen enough. Donald Trump will be indicted by a federal grand jury," attorney Bradley Moss predicted in a new column published by The Daily Beast.
Moss summarized three "essential points."
"Trump was in unauthorized possession of national defense information, namely properly marked classified documents," he wrote. "He was put on notice by the U.S. Government that he was not permitted to retain those documents at Mar-a-Lago. He continued to maintain possession of the documents (and allegedly undertook efforts to conceal them in different places throughout the property) up until the FBI finally executed a search warrant earlier this month."
Moss explained the conclusion he arrived at based on those three points.
"That is the ball game, folks," Moss wrote. "Absent some unforeseen change in factual or legal circumstances, I believe there is little left for the Justice Department to do but decide whether to wait until after the midterms to formally seek the indictment from the grand jury."
Moss explained that he did not see any of the defenses Trump has offered as succeeding.
"All in all, this case should and in my opinion will result in an indictment," Moss wrote. "Sure, an indictment does not equal a conviction. Trump is still assumed innocent until proven guilty. There are unknown variables like whether the prosecution would occur in Florida or in D.C. We do not know what evidence Trump might have to substantiate his declassification claim. And we do not know what the courts would say about his various arguments. Get the popcorn ready either way."
Tristan Snell, who successfully prosecuted Trump University at the New York Attorney General's Office, said, "The DOJ’s Trump affidavit was basically an early draft of what will become the DOJ’s Trump indictment."