The conservative former judge said it pained him to write his analysis for the Washington Times, but Napolitano said the redacted affidavit that justified the search warrant for Mar-A-Lago revealed that Trump was unlikely to escape prosecution for three crimes: "Removing and concealing national defense information (NDI), giving NDI to those not legally entitled to possess it, and obstruction of justice by failing to return NDI to those who are legally entitled to retrieve it."
"Under the law, it doesn’t matter if the documents on which NDI is contained are classified or not, as it is simply and always criminal to have NDI in a non-federal facility, to have those without security clearances move it from one place to another, and to keep it from the feds when they are seeking it," Napolitano wrote. "Stated differently, the absence of classification — for whatever reason — is not a defense to the charges that are likely to be filed against Mr. Trump.'
Napolitano faulted Trump for "misreading and underestimating" federal investigators and delivering them a gift by boasting that he had unilaterally declassified the documents in question, which proved that he knew the documents were in his possession."
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