A startling new report from the Wall Street Journal reveals Donald Trump's purported justification for retaining classified documents after leaving the White House - a claim that legal experts say could significantly impact the ongoing investigation into his handling of sensitive materials.
The 'Standing Order' Defense
According to sources familiar with the matter, Trump informed his lawyers that he believed he had a standing order to declassify documents he took to his residence. This alleged order would have automatically declassified any materials removed from the Oval Office to the White House residence.
The former president's legal team has apparently been preparing to use this argument if federal charges are filed regarding the classified documents discovered at Mar-a-Lago. However, multiple sources indicate that no evidence has emerged to support the existence of such a standing order.
Contradictions and Complications
The reported defense creates several potential problems for Trump:
- No documentation or witness testimony has surfaced to verify the standing order claim
- The argument contradicts Trump's previous public statements about the documents
- Legal experts note that even if such an order existed, it wouldn't necessarily address potential obstruction of justice allegations
Broader Implications
This revelation comes as Special Counsel Jack Smith continues investigating both the classified documents case and Trump's actions surrounding the January 6th Capitol attack. The timing of this disclosure suggests Trump's legal team is actively preparing defense strategies for potential indictments.
Legal analysts observe that the standing order argument appears designed to counter potential Espionage Act charges by suggesting there was no unauthorized possession of national defense information. However, prosecutors would likely challenge whether such a blanket declassification authority exists or was properly exercised.
The development underscores the increasing legal pressure facing the former president as multiple investigations advance toward potential charging decisions.
