Former DOJ officials say Trump’s legal defense won’t hold up in court: ‘This is a political game’

Two Obama-era Department of Justice officials claimed Thursday that former President Donald Trump’s classified documents defense will fail in court.

Former Obama-era FBI general counsel Andrew Weissmann and former Obama-era solicitor general Neal Katyal offered the stark assessment during an appearance that evening on MSNBC’s “The Last Word w/Lawrence O’Donnell.”

The assessment came after host Lawrence O’Donnell played a clip from a recent Trump rally. In the clip, the former president vehemently maintained that he’d done nothing wrong by holding onto boxes of documents after leaving office in 2017.

“I had every right to have these documents, personal belongings, and boxes. I had the absolute right to have ’em,” he said in the clip.

Responding first, Weissmann argued that Trump was wrong.

“As a matter of law, he is wrong. And it’s not even something he going to be able to say, ‘Well ok, maybe I’m wrong legally, but I believed I had that right,’ because there will be numerous lawyers, or former White House counsel, and his own personal lawyers telling him these were not his,” he said.

“And he had a grand jury subpoena that required him to return them. So he is going to lose on every front on both the retaining classified documents and on the obstruction front,” he added.

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Katyal spoke next.

“I don’t think even Trump believes that this is a legal defense. I think this is a political defense. He’s throwing up a lot of spaghetti at the wall and hoping that that will delay the trial and cause enough doubt so that if, in 2024, he or some other Republican wins, they can just drop the prosecution. And I think that’s all that’s going on. This is a political game. These are not legal arguments,” he said.

He went on to explain why the defense won’t work.

“I mean, I suppose if Donald Trump got a love letter – and of course, this is a counterfactual hypothetical — but if he actually got a love letter from someone, that would be something that he could take home,” he said.

“But these kinds of things – nuclear secrets, military secrets, and the like – are absolutely the property of the United States. He will lose this argument in court every day of every week, which is why nobody, no real lawyer believes this,” he added.

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The discussion came roughly a month after Trump was indicted by a federal grand jury in early June for retaining classified documents and obstructing the federal government’s efforts to recover them.

The former president has argued he kept the boxes because they contained personal belongings. While that does appear to be the case, the boxes also reportedly contained a slew of classified material, ergo the indictment against him.

Fellow 2024 presidential candidate Chris Christie for his part believes Trump was motivated to keep the boxes for an entirely different reason.

“I think it was purely ego. I think he could not and still cannot to this day deal with the fact that he’s the only person outside the state of Delaware to ever lose to Joe Biden, and he wants to pretend he’s still president,” he told CNN on Thursday.

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“He wanted to continue to pretend he was president and show these things to people and say, ‘Look what I still have, look what I still know,’” he added.

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The remarks from Christie prompted a flurry of social media remarks, with Twitter users offering their own theories on why Trump took the documents.

Look:

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Vivek Saxena

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