In a potential trial over classified documents, how do you present evidence to the jury without jeopardizing national secrets?
That’s the question facing prosecutors putting forth a case against former President Donald Trump over the alleged mishandling of classified documents. The answer: they have to find the perfect “Goldilocks” documents.
A “Goldilocks” document, according to former DOJ prosecutor David Aaron, is a file that is “sensitive, but not too sensitive.” Something secret enough to prove the prosecution's point — but not something so secret that it puts the US at risk.
Aaron told The Washington Post that, in the case of a public trial, intelligence agencies would also determine how the classified documents would be spoken about. He said the court, counsel, and the jury would likely communicate via code, known as the “silent witness rule.”
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