During his speech in Bedminster, New Jersey, former President Donald Trump used a significant portion of his time to outline the legal defense his team is likely to adopt in response to the indictment brought against him by special counsel Jack Smith. Trump addressed a crowd of supporters and family members shortly after pleading not guilty to 37 charges related to the handling of classified documents, dismissing the indictment as a politically motivated attack aimed at derailing his presidential ambitions.
One key aspect of Trump’s defense focused on the Presidential Records Act of 1978. He suggested that the act grants the president the authority to determine which records are personal and which are presidential, and thus public property. Although the documents in question do not meet the criteria to be classified as personal records under the act, Trump referred to a 2012 court ruling involving former President Bill Clinton. In that case, Judge Amy Berman Jackson concluded that the national archivist lacked the power to reclassify Clinton’s tapes as presidential records, emphasizing that this responsibility rests solely with the president.
Trump alluded to this line of defense previously, playfully referring to the Judicial Watch lawsuit as the “Clinton socks” case, in reference to Clinton storing tapes in a sock drawer. While the documents in Trump’s possession were marked with classification indicators unlike Clinton’s tapes, it remains to be seen how his defense team will construct their argument based on the Presidential Records Act.
Trump highlighted the special counsel’s breach of attorney-client privilege in obtaining notes taken by his attorney, M. Evan Corcoran. He expressed outrage at the treatment of lawyers in the case, deeming it “absolutely horrible and unthinkable.” Following his court appearance, Trump resumed his campaign activities, including a visit to a Cuban restaurant in Miami, where he received support from a group of prayerful supporters.
Trump has framed the investigation and subsequent indictment as politically motivated, aiming to prevent his run for president in 2024. President Joe Biden’s administration declined to comment on the case, with Biden stating that he learned of the indictment through the news media. While Democrats and Trump’s critics have challenged claims of unfair treatment by the Department of Justice (DOJ), citing opportunities given to Trump to turn in the records prior to the raid on Mar-a-Lago, Trump maintains that the DOJ has been deferential and slow.
After discussing his potential legal strategy, Trump shifted to campaign rhetoric, covering topics such as energy, border security, tax reduction, and crime. He reiterated promises to end the conflict in Ukraine on his first day in office and to confront the “deep state.” Delivering his speech from the stone patio of his golf club adorned with American flags, Trump closed by announcing his intention to appoint a special counsel to investigate the business dealings of President Biden and his family. He claimed that the indictment was an attempt to divert attention from recent allegations concerning the Bidens’ connections with Ukraine.
Trump concluded with a strong assertion that he is the only one capable of saving the nation and vowed that justice would be served on November 5, 2024, as he pledged to “take back our country and make America great again.”
