Multiple sources have leaked what they claim is the primary piece of evidence being used by DOJ special counsel Jack Smith to pursue Donald Trump. The ongoing investigation, which has honed in on Trump’s alleged possession of classified information post-presidency, is rumored to be close to a charging decision.

According to CNN, who has the exclusive, there is a mid-2021 tape that shows Trump discussing a classified document about an attack on Iran. The meeting in question took place at Trump Bedminster and was part of a discussion to offer information for the biography of his former chief of staff, Mark Meadows.

Information about the existence of the document (including a fairly detailed description) that was discussed on the recording was ultimately published in Meadows’ biography, a fact that may be used to bolster the DOJ’s claims.

Federal prosecutors have obtained an audio recording of a summer 2021 meeting in which former President Donald Trump acknowledges he held onto a classified Pentagon document about a potential attack on Iran, multiple sources told CNN, undercutting his argument that he declassified everything.

The recording indicates Trump understood he retained classified material after leaving the White House, according to multiple sources familiar with the investigation. On the recording, Trump’s comments suggest he would like to share the information but he’s aware of limitations on his ability post-presidency to declassify records, two of the sources said.

It looks as if the DOJ and Smith have settled on the distinction of intent in attempting to prosecute Trump for something Joe Biden unequivocally did, which is to take and keep allegedly classified documents. There is no debate as to whether such documents existed at the current president’s home and former office in the Penn Biden Center. Yet, the DOJ seems content to continue to rewrite the law in order to protect Biden while going after Trump.

To be clear, just as in the case of Hillary Clinton’s illegal possession of classified documents, there is no provision in the law that requires intent. “Gross negligence” is the written standard, and I think most reasonable jurists would agree that taking documents and storing them in an unsecured garage, accessible to a corrupt, drug-addled son, would qualify as such.

Regardless, if the sources are correct, the DOJ’s case will hinge on the assertion that Trump acted as if the document was still classified when he was discussing it. The supposed contradiction will be that the former president can’t both claim he declassified everything (his primary defense) while at the same time acknowledging that he can’t share some things because they are classified.

Mark Milley, the current Joint Chiefs of Staff that pledged to commit treason with the Chinese, is involved in this gambit. Given his history with Trump, you can bet he’s going to be willing to say whatever is necessary to help the DOJ’s case.

Prosecutors have asked witnesses about the recording and the document before a federal grand jury. The episode has generated enough interest for investigators to have questioned Gen. Mark Milley, one of the highest-ranking Trump-era national security officials, about the incident.

The July 2021 meeting was held at Trump’s golf club in Bedminster, New Jersey, with two people working on the autobiography of Trump’s former chief of staff Mark Meadows as well as aides employed by the former president, including communications specialist Margo Martin. The attendees, sources said, did not have security clearances that would allow them access to classified information. Meadows didn’t attend the meeting, sources said.

For me, the biggest issue here remains two-fold.

One, the fact that this stuff is leaking should give no one confidence that any prosecution will be a fair pursuit of the law. If the DOJ actually cared about such things, they’d go after these leakers and shut this stuff down to ensure the integrity of their case. The DOJ doesn’t care, though, and why would they? They can secure a conviction in an extremely liberal jurisdiction against any Republican with ease. It doesn’t matter what the facts of the case actually are.

Two, it is impossible to ignore the selective application of the law that continues to happen. Even if one believes that this tape represents some kind of legal gotcha, the fact remains that Hillary Clinton and Joe Biden (likely among many other Democrats) broke the law and aren’t being prosecuted.

It’d be one thing if we lived in a country that vehemently and strictly prosecuted people based on a clear reading of the statutes. Then, you could at least argue that no one is safe if they step out of line. We don’t live in that country, though. Instead, the DOJ has operated as a political arm, selectively applying the law to take down opponents while letting allies off the hook. When that happens, the entire system of justice is undermined.