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Stay Tuned with Preet

In Brief: Trump & A Game of Chicken (with Mary McCord)

Stay Tuned with Preet

Vox Media Podcast Network

Politics, Government, News, Society & Culture

4.832.4K Ratings

🗓️ 5 September 2022

⏱️ 19 minutes

🧾️ Download transcript

Summary

Preet speaks with Mary McCord about CIPA, the Confidential Information Procedures Act, and how it could apply in court to the classified documents seized at Trump’s residence in Mar-a-Lago.  Mary McCord is the former acting Assistant Attorney General for National Security, a visiting professor at Georgetown Law, and the Executive Director of the Institute for Constitutional Advocacy and Protection. Stay Tuned in Brief is a new offering from CAFE and the Vox Media Podcast Network. It’s what it sounds like: a shorter Stay Tuned. Please let us know what you think! Email us at letters@cafe.com, or leave a voicemail at 669-247-7338. REFERENCES & SUPPLEMENTAL MATERIAL: 18a U.S. Code Compiled Act 96-456 – Classified Information Procedures Act Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Hey folks, we're back this week with the third episode of Stay Tuned In Brief, and our

0:06.3

focus for now remains on the fast developing news of the Trump documents investigation.

0:11.2

As you might imagine, questions have been raised about how prosecutors, if there's going

0:14.4

to be a trial at some point, can prove the materials Trump refused to surrender were either

0:19.0

classified or national defense information without making them public.

0:23.0

As you might imagine, sometimes in our court system, defendants can take advantage of the

0:27.0

problem known as graymail, in cases where classified information is at issue, arguing

0:32.1

that the government must disclose the very documents it needs to keep secret for reasons

0:36.0

of national security.

0:37.0

So there's a tension there.

0:38.6

To address the issue, Congress enacted a law called SEEPA, the Classified Information

0:43.3

Procedures Act in 1980, which tries to balance these issues, the defendant's interest in

0:48.4

a fair trial, with the government's interest in guarding nuclear secrets, sources, and methods

0:53.2

and other sensitive information.

0:55.7

So we have another very smart person to come explain this to us.

0:59.3

She is former acting assistant attorney general for the National Security Division, a visiting

1:03.9

professor at Georgetown Law School, and the executive director of the Institute for Constitutional

1:08.4

Advocacy and Protection, Mary McCord.

1:12.1

Mary welcome to Stay Tuned In Brief.

1:14.0

Thank you for having me, Pete.

1:15.8

It's good to have you.

1:16.8

I know you deal with these issues inside of government, outside of government, and you're

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