Why does the Trump defense team need to review the classified documents at all? Isn’t it enough just to say they were clearly marked classified?
First, to win a conviction, prosecutors must show that the documents contain information “relating to the national defense,” meaning the information is closely held by a relatively small number of people in government and not available to the general public. The defense may try to argue that the information is not particularly sensitive; to mount such a defense, it needs access to the documents.
Second, prosecutors must prove the defendant acted willfully, meaning with the specific intent to do something illegal. The type of information in the documents is relevant to deciding willfulness. Prosecutors may claim the documents were so sensitive, the defendant had to know he was acting unlawfully. And defense lawyers may try to convince the jury the information was so harmless it shows there was no willful lawbreaking.
