Bharara: Tape makes 'very, very clear' Trump couldn't declassify 'telepathically'

Former U.S. Attorney Preet Bharara on Sunday said former President Trump's comments in an audio tape in which he discusses classified documents make it "very, very clear" that he knew he couldn't declassify records "telepathically."

"I think the most damning piece of evidence in the entire case and, I think, [what] brings it from a strong case to a very strong case is the audio tape. You have powerful evidence in the defendants own words, which comes right into trial very easily, he knew he had them. He says, 'This is secret information,'" Bharara said on ABC's "This Week."

"This audio tape simultaneously makes out many of the elements of multiple of the crimes and simultaneously, rebuts and debunks his defenses. He couldn't declassify telepathically, couldn't declassify automatically. There was no standing order and this tape makes that very, very clear," Bharara.

CNN reported last week that it had obtained an audio recording transcript in which Trump made comments in 2021 that, "as president, I could have declassified, but now I can’t,” apparently acknowledging that he had not declassified some materials in his possession.

“Secret. This is secret information. Look, look at this,” Trump reportedly added. “This was done by the military and given to me.”

Trump has been charged with 37 counts related in the classified documents case, according to the indictment, including 31 counts on the Espionage Act.

Bharara served as U.S. attorney from 2009 to 2017 when he was fired by Trump for refusing to resign his position as part of an order to dismiss Obama administration hold overs. The firing sparked controversy after Bharara said Trump had previously told him he could stay on.