On Thursday’s episode of “The Five,” Fox News host Jeanine Pirro improved upon her previous description of former President Donald Trump’s classified documents case in a Florida federal court.
Earlier in the day, Judge Aileen Cannon, who was appointed by Trump, decided not to dismiss the felony charges. Trump’s lawyers had argued that the laws regarding classified documents were “unconstitutionally vague.” However, Cannon allowed this argument to be presented during the trial, whenever it may occur.
Special Counsel Jack Smith filed a total of 40 charges against Trump in the previous year. The majority of these charges fall under violations of the Espionage Act, specifically pertaining to the intentional retention of national defense information. In addition to these charges, Trump, along with his two co-defendants, his longtime valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, is also accused of conspiring to obstruct justice.
According to Pirro, it seemed as if the charge from last summer had been completely forgotten.
According to Pirro, Jack Smith’s intention to charge Donald Trump with obstruction is unfounded. Pirro argues that obstruction can only be charged if there was an underlying crime, and possession of a presidential record is not considered a crime as it belongs to the president. The president has the authority to access these records whenever necessary. Therefore, Pirro concludes that since there is no crime, all claims of obstruction are simply a form of lawfare.
On Tuesday, Pirro asserted that Trump is not facing charges of obstruction.
Smith’s prosecutors last week dismissed her claim that Trump was acting within the law. They rejected the idea that Trump had the authority to possess classified documents after leaving the White House.
“They argue that these claims arise from Trump’s belief that his past presidency grants him immunity from the laws and principles of accountability that apply to all citizens,” the authors stated. “Being a former president, Trump should have recognized the utmost significance of safeguarding the nation’s national security and military secrets, which includes refraining from unauthorized possession or intentional retention of national defense information.”
