Former federal prosecutor and Trump administration official Kash Patel argued Smith will face some big legal hurdles to get the case to trial – including that he has overcharged Trump and failed in the 49-page document to even "charge the president with unauthorized possession of classified documents."
"But what they did do was take an ancient statute under the National Defense Information Act, Espionage Act, and charged him with improperly taking materials related to National Defense Information and using them against the interests of the United States of America," Patel said on the "John Solomon Reports" podcast.
"That is what they charged him with. And instead of charging him with one count for all the documents, they enter with a separate count for each document because that is what overzealous prosecutors do."
"I don't think this goes to a jury," he continued. "Maybe I'm crazy. I think there's too many legal issues that this judge is going to have to resolve."
Much of Trump's legal argument has rested upon an interpretation of the Presidential Records Act
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