The case against Tom Barrack could draw classified material into court

[zuul]

Christina Wilkie @christinawilkie (CNBC)

Link to tweet

A rare legal strategy hangs over the Tom Barrack case: "Graymail" is a defense tactic where defense threatens to reveal classified material as part of the defense. The hope is that prosecutors will drop the case rather than risk state secrets.

It's one strategy out of many the defense could pursue. But this is a rare case where the nature of the charges and the subject matter make it a viable prospect. If a defendant has classified info that proves their innocence, rules get very complicated.

https://www.cnbc.com/2021/07/29/the-case-against-tom-barrack-could-draw-classified-material-into-court.html?__source=sharebar|twitter&par=sharebar

WASHINGTON — Tom Barrack’s defense attorneys have their work cut out for them, given the breadth and specificity of the evidence in the 45-page federal indictment against him filed last week. Prosecutors allege that Barrack secretly took direction from the government of the United Arab Emirates, and used his status as an informal advisor to the Trump White House on Middle East strategy to push for the policies that Emirati officials told him to.

In a case that features a co-defendant who was working for the UAE’s intelligence service, and a sensitive subject like U.S. policy in the Middle East, experts say there are several unusual paths the defense could take.

For example, if Barrack’s lawyers try to argue that the White House knew he was working on behalf of the UAE, the conversations Barrack had with U.S. officials, telling them whom he was working for could contain classified material. In the event they do, there’s a chance Barrack’s defense lawyers could resort to a legal defense tactic called graymail.

Graymail happens when the defense threatens to expose classified government information during the course of a trial, in the hopes of forcing the government to drop the case rather than risk the exposure of potentially damaging state secrets or agents.

[rsdsharp]

1. What the fuck was he doing with classified material?

Did he even have a security clearance?

[crickets]

3. 👆 This. nt

[Justice matters.]

4. Maybe "given" to him by his UAE owner$$$?

If so, there must be laws that make that illegal??

[Maeve]

5. Ah, don't you remember? TFG granted clearances to everyone!

He could--and did--ignore the whole system if he felt like it.

[lagomorph777]

6. Conversations with the Trump White House could be declassified, redacted if necessary.

That would not have to kill the case.

[MyOwnPeace]

7. Oh, you mean like Jared.....

couldn't get clearance but Donnie said it was OK for him to have it?

[rsdsharp]

9. Jared shouldn't have gotten a clearance because he was a security risk,

but at least he was an official member of the administration as a senior advisor to the “President.” This guy was just a private citizen Trump knew.

[Champp]

2. Yet another Republican intimate-crony pal of the Republican Casino Hustler (TFG)

So many wheeler-dealer Republican crooks. Sad.

[MyOwnPeace]

8. Ah, yes...................

"Only the best....."

[NCjack]

10. Let him reveal all. With the understanding that it will be considered in

setting his sentence.

The only deal for less time that I want from him is all he knows about the Insurrectionist-in-Chief's treasons and other crimes.