[PJ Media] Kash Patel is a former federal prosecutor, former federal defense attorney, and former DoD official who was instrumental in ferreting out the 2016 Russian Collusion fraud against Donald Trump, along with former Congressman Devin Nunes. Patel says that first of all, prosecutors overcharged the former president. As in, Whoa, 37 charges? That’s what overzealous prosecutors do. Well, yes, of course. Patel says, "They charged each separate document as one count. That’s going to be their calamitous regret."
And prosecutors have two different legal theories in the one indictment, hoping to convince a judge that he or she can pick one from the jurisprudential potluck table. "They have two separate legal theories in the same document in this one indictment, and they cannot both be true," Patel says. "Either, he had classified documents unlawfully ... or he did not," he told John Solomon of Just the News. "It’s one or the other. You can’t have it both ways."
Patel said, "In this charging document, they did not charge the president with unauthorized possession of classified documents." They did a little legal jujitsu and took "an ancient statute in the National Defense Information Act — Espionage Act — and charge[d] him with improperly taking materials related to national defense information and ’using them against the interest of the United States of America.'"
That’s a problem first of all, because past presidents can’t be charged with that. But life in the banana republic is like a box of chocolates: you never know what you’re gonna git, Forrest.
Second, as legal commentator and constitution expert Mike Davis told me on my Adult in the Room Podcast (see below), Trump declassified the documents the feds wanted on the day before he left office.
"In this charging document, they did not charge the president with unauthorized possession of classified documents."