Of all of the cases, I think the documents case is the one most likely to be tossed first. Hard to argue that determining documents to be personal rather than presidential records is not an official act, even if that determination is not held to be correct. And if the act was not a crime, then the obstruction charge would not stand either.
“Of all of the cases, I think the documents case is the one most likely to be tossed first. Hard to argue that determining documents to be personal rather than presidential records is not an official act, even if that determination is not held to be correct. And if the act was not a crime, then the obstruction charge would not stand either.”
Just one of the reasons that case should be tossed.
That case was dead in the water, regardless (evidence tampering, malicious and selective prosecution, prosecutors repeatedly making misrepresentations to the court, etc. I expect Garland, Smith and his posse to be under indictment next year.