Criminal Justice & the Rule of Law Executive Branch

The Lawfare Podcast: Catching up with Jack Smith's Mar-A-Lago Investigation

Jen Patja, Benjamin Wittes, Scott R. Anderson, Quinta Jurecic, Roger Parloff
Tuesday, June 6, 2023, 12:00 PM
What exactly did Trump say on the tape? Did he violate the Espionage Act? How does this change Special Counsel Jack Smith’s investigations? And what does all of this mean for Trump’s reelection campaign?
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On May 31, CNN reported that federal prosecutors investigating the unlawful removal of classified documents from the White House to Donald Trump’s Mar-a-Lago residence have obtained an audio recording in which the former president acknowledges that he knowingly kept a classified Department of Defense document that contained details about a potential attack on Iran. According to CNN, the tape indicates that Trump “understood he retained classified material after leaving the White House.”

Trump’s alleged comments made on the recording have sparked a debate about whether he will be charged with violating 18 U.S.C. 793(e) of the Espionage Act.

What exactly did Trump say on the tape? Did he violate the Espionage Act? How does this change Special Counsel Jack Smith’s investigations? And what does all of this mean for Trump’s reelection campaign? To go over everything that happened, Lawfare Editor-in-Chief Benjamin Wittes sat down for a live recording of the podcast alongside Lawfare Senior Editors Scott R. Anderson, Quinta Jurecic, and Roger Parloff, who unpack all of these questions and more.


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Criminal Justice & the Rule of Law Executive Branch
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Jen Patja

Jen Patja

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Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Benjamin Wittes

Benjamin Wittes

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Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
Scott R. Anderson

Scott R. Anderson

S_R_Anders
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Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
Quinta Jurecic

Quinta Jurecic

@qjurecic
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Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.
Roger Parloff

Roger Parloff

@rparloff
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Roger Parloff is a journalist based in Washington, D.C. In recent years, he has regularly contributed to Yahoo Finance and Air Mail News, and has also been published in The New York Times, ProPublica, New York, and NewYorker.com. For 12 years, he was the main legal correspondent at Fortune Magazine. He is an attorney who no longer practices. He is a senior editor at Lawfare.

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