Donald Trump cited a 2012 lawsuit against former President Bill Clinton involving his “sock drawer” tapes as a defense against his indictment on Tuesday, but those connected to Clinton’s case disagree whether that legal reasoning will hold up in court.
The case stems from 79 late-night interviews historian Taylor Branch conducted with Clinton between 1993 and 2001, which included, along with the president’s thoughts on political events of the day, discussions of military involvement in Haiti, his side of phone conversations with foreign leaders and multiple phone calls with senators. After Judicial Watch sued to obtain the tapes under the Presidential Records Act, a federal court ruled in 2012 that they were personal records not subject to request.
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Missouri attorney general candidate Will Scharf and Article III Project founder Mike Davis have echoed similar ideas: prosecution under the Espionage Act doesn’t hold up if the documents are personal records.
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