So, I went looking for the actual text of the argument Trump’s people made for why they should be able to take classified documents home to prepare their defense. I wasn’t able to find it, but I was able to find the judge’s order. Some highlights:

13. The government has advised the Court that certain attorneys working on this case for the Office of the Special Counsel, including Counselor to the Special Counsel Jay I. Bratt, Assistant Special Counsels Julie A. Edelstein, David V. Harbach, II, Karen E. Gilbert, Michael Thakur, John Pellettieri, and their supervisors, have the requisite security clearances to have access to the classified information that counsel for the government intend to use, review, or disclose in this case.

Makes perfect sense. I never thought about it, but of course the lawyers in classified documents cases need to have clearances.

14. The Court has been advised, through the CISO, that former President Trump’s defense counsel of record, possess at least interim security clearances, permitting them to have access to classified information designated as “CONFIDENTIAL,” “SECRET,” or “TOP SECRET,” including (upon read-ins) the following SCI compartments: SI, SI-G, and TK, for which they have a need-to-know.⁷

And, Trump fucked up and retained counsel without clearances. Emphasis is mine.

⁷ Once counsel receive final clearances, they will promptly receive additional read-ins, at which time they will also be able to access additional SCI compartments for which they have a need-to-know.

So to some extent, they’re working with defense counsel and giving them information even though they don’t have the necessary clearance in final form, but to some extent, they’re just telling the defense team that it’s not anyone else’s problem to make sure they’re in a position to mount a defense.

I don’t know how much information is affected by this or how much of it will be used directly by the prosecution, i.e. how big a deal it is that they can’t see it, but it definitely won’t help that they’re not allowed to see some of the evidence against their client.

26. Access to Classified Information. In the interest of the national security, representatives of the defense granted access to classified information shall have access to classified information only as follows:

The subsections under this are long, but basically you can’t do any work on the classified elements of the case outside the SCIF, you can’t work with anyone on them who doesn’t have a clearance, you can’t take any of the work you did outside of the SCIF, and you have to use only government-provided computing equipment to work inside the SCIF. I don’t really know too much about this stuff, but it sounds pretty crippling; my guess is that it goes well beyond inconvenient. I do think it falls under “There’s a pretty good reason it needs to be that way” and “Sounds like you’re fucked then and it’s all your fault,” but I absolutely get why the defense doesn’t want to do it this way.

Also, subsection (j) is pure comedy:

j. The defense may disclose classified information to the Defendant unless the government informs the defense when providing the information that it will be moving the Court for an order to prohibit the classified information from being disclosed to Defendant, in which case the defense may not share the information with Defendant absent a Court order allowing it to do so and the government informing the defense that it does not intend to exercise any further rights under CIPA.

So, the judge is putting in her order that if the government thinks it’s not safe to tell Trump something, she’s preemptively agreeing with their decision and ordering the defense not to share it with Trump (unless she tells them later that they can.)

😁

27. Any unauthorized disclosure or mishandling of classified information may constitute violations of federal criminal law. In addition, any violation of the terms of this Order shall be brought immediately to the attention of the Court and may result in a charge of contempt of Court and possible referral for criminal prosecution. Any breach of this Order may also result in termination of an individual’s access to classified information. Persons subject to this Order are advised that direct or indirect unauthorized disclosure, retention or handling of classified documents or information could cause serious damage, and in some cases exceptionally grave damage, to the national security of the United States, or may be used to the advantage of a foreign nation against the interests of the United States. The purpose of this Order is to ensure that those authorized to receive classified information in connection with this case will never divulge that information to anyone not authorized to receive it.

So, if you mess up, not only may we subject you to more criminal penalties, which exist for a clearly vital reason, but we may remove even your currently-limited access to information critical to being able to prepare your defense. Good luck and godspeed, you CIA-asset-manslaughtering fuckheads.