Kash Patel may be useful in building a case against Trump, BarbMcQuade writes.
that “Trump declassified whole sets of materials in anticipation of leaving government that he thought the American public should have the right to read themselves.” He further stated that he himself is an eyewitness: “I was there with President Trump when he said ‘We are declassifying this information.’” Those statements indicate that Patel has testimony that help determine the validity of Trump’s claim.
But declassification is not much of a defense in this case. In its search warrant application for the Mar-a-Lago property, DOJ was careful to avoid any statute that required classification as an element. Trump could potentially be prosecuted under any or all of those statutes — mishandling government documents, obstruction of justice, and the Espionage Act.So there are several reasons, ultimately, why Patel’s testimony does matter.
DOJ may also be trying to lock Kash’s story down. Sworn testimony attesting to one version of the facts now makes it more difficult for a witness to tell a different version later. If he changes his description of the events, he can be impeached with the transcript from the prior testimony. If Patel testifies to facts in his grand jury testimony that are inconsistent with any defense Trump may use if he is charged, it will be harder to retreat from it at trial.
Giving up the prosecution of Patel and other witnesses who may have engaged in wrongdoing all but eliminates the ability to hold them accountable under the criminal law. That’s not a decision any prosecutor takes lightly. And it suggests DOJ has assessed that sacrificing their convictions is necessary to reel in a more egregious offender.
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