“Winner’s defense attorneys are going to argue that the intelligence in the report she is accused of leaking cannot be National Defense Information because the President’s statements would be taken to suggest the intelligence is not true.” https://www.emptywheel.net/2018/03/04/reality-winner-seeks-to-use-trumps-denials-of-russian-hacking-in-her-defense/ …
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My reading of the law is that it doesn't matter if the information is actually true, but if the person leaking it believes it's true. Winner obviously believed it was true.pic.twitter.com/gARflAz5d6
It pertains to whether the govt believes it is true. As Holder once said in congressional testimony: If it's not true it can't be classified.
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Which is to say they want to use it to challenge that this IS NDI, not that they want to challenge whether Winner thought it was.
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? Surely they can be wrong and classify stuff
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