[pierrem15]

Rather dubious. An EO must derive either from authority expressed in the Constitution or the law. In cases such as this, they might clarify the grounds for prosecution. But if they are overridden by an act of Congress like the Presidential Records Act, they are null.

I don't see Smith appealing to any EOs to help his case, and I'm sure he would do so if they did.

[Golden Eagle]

My understanding.

1. EO’s from previous presidents, including Trump, and various other actual laws, outline how classified information is to be managed in many instances. But mishandling of classified is not one of the charges against Trump.

2. The Presidential Records Act was written to define what is a Presidential Record verses what is Personal Record, and it makes those definitions very distinctly on its own, and does not leave it up to Presidents to adjust it to fit their needs when leaving office. It is not a criminal charge, only civil, for violating it.

3. What Trump is being charged with are criminal laws under the Espionage Act. They have been rarely used in all of US history, and never against a President, but they are laws governing the handling of government owned, national security information, whether it is classified or not.