Johnson raises the issue of how Smith’s team will be able to convey to jurors the seriousness of the classified documents given their classified status. “Do we pick a jury that can pass a security clearance? That’s going to be an interesting challenge. Or do you redact the documents and somehow give them some amorphous description?” says Johnson. “I haven’t seen too many cases where the issue at hand before the jury involves classified documents so that’s going to be a real issue here.”
