'It’s the obstruction, stupid': Ex-prosecutors show why Trump’s docs defense falls flat

Former prosecutors Kristy Greenberg and Catherine Christian outlined for MSNBC's Chris Hayes on Thursday why Donald Trump aide Molly Michael is such a devastating witness against the former president in the Mar-a-Lago classified documents case.

Specifically, they argued, Michael — who allegedly received a "to-do" list from Trump written on the back of a classified document and was told by the former president to play dumb about the boxes in his country club — lays out a clear fact pattern of obstruction of justice.

"I mean, [former prosecutor] Harry Litman said this, and I think it was interesting," said Hayes. "He said, 'It's not just that Molly Michael confirms obstructionist statements to [Trump attorney Evan] Corcoran and fields her own hush statement from him. It's also that she's an unblemished witness, totally credible, not vulnerable or impeachable on criminal charges. For Trump, she's the witness from hell."

"No ax to grind, nothing to gain by being subjected to cross-examination, which she will be by his attorneys," agreed Christian. "And the — it's the obstruction, stupid. As Trump, not you, as Trump goes around waving the red herring of the Presidential Records Act, it's that he had, he concealed, he attempted to destroy evidence after he received a grand jury subpoena."

"This is an important point," said Hayes. "The argument that they're declassified anyway, that he can do what he wants, is nonsense. But you're right. This has been the central focus of the defense here, and you can't do this. You can't just, like, tell the FBI that you don't know anything about the boxes. That's just classic obvious obstruction of justice. And if people who were a part of the conspiracy to obstruct justice tell the jurors on the witness stand — like, you're in a tough spot."

"Not only that, if you thought you were entitled to have these and you declassified them, then say that," said Greenberg. "But what you can't do is get a subpoena, and then say we've given you everything, we've given it to the National Archives, and now to you, FBI. And then know that you're holding some back. That, you can't do. That's obstruction."

Watch the video below or at the link here.

MSNBC panel on Trump's obstruction in Mar-a-Lagowww.youtube.com