The legal ramifications of Trump's classified documents tape

Audio recordings allegedly feature the former president acknowledging he never declassified certain documents in his possession after leaving office

Former President Donald Trump smiles at the camera
Will a recording obtained by CNN be the last nail in the coffin for Trump?
(Image credit: Photo by Rob Carr / Getty Images)

The ongoing federal investigation into former President Donald Trump's alleged retention and mishandling of classified documents after leaving office took on a new air of urgency this week. An exclusive CNN report claimed Justice Department special counsel Jack Smith possessed incriminating audio of Trump seemingly undercutting one of his primary justifications for possessing the documents in question. Sources told CNN the recording features Trump admitting he cannot show guests at his Bedminster, New Jersey, estate certain documents — an indication that he understood the material remained classified despite his claims to have declassified them "by thinking about it" upon leaving office. According to one source, the documents being referred to on the tape contained specific tactical options for a proposed U.S. invasion of Iran.

In a bombastic post on his Truth Social platform, Trump seemed to respond to CNN's report, liking it to the unrelated resignation of Massachussettes U.S. Attorney Rachael Rollins for ethics violations, claiming "all of the Democrat 'Persecutors' that are trying to Interfere with the 2024 Presidential Election are leaking constantly, and illegally, about me."

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Rafi Schwartz, The Week US

Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.