Recall that Twitler and his allies are claiming that the seized documents were unclassified. According to this report classification is irrelevant to the named charges: The Espionage Act, obstruction of justice, and unlawful removal of government records. The first charge "makes no reference to whether a document has been deemed classified. Instead, it makes it a crime to retain, without authorization, documents related to the national defense that could be used to harm the United States or aid a foreign adversary." The other two charges "make the taking or concealment of government records a crime regardless of whether they had anything to do with national security." Once again Twit's only defense is moot.
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