Donald Trump.Photo: James Devaney/GC Images
The bombshell news thatDonald Trumphad beenindicted on at least seven criminal countsThursday sheds more light on a startling aspect of the federal investigation into his alleged mishandling of White House documents: that the former president is being accused of violating the Espionage Act and other laws related to national security.
The federal indictment charges Trump with willfully retaining national defense secrets in violation of the Espionage Act, making false statements and conspiring to obstruct justice, according toThe New York Times.
Under a section labeled “property to be seized,” the warrant,viewable here, indicates that the FBI agents were seeking “all physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of” three sections — 2071, 1519 or 793, better known as the Espionage Act — in Title 18 of the United States Code.
Here’s more about the law, and how — according to reports — it may have been broken.
What is the Espionage Act?
Three sections of Title 18 of the United States Code are listed on the warrant that was used to search Trump’s Mar-a-Lago home for documents in August 2022.
Section 793 covers the unlawful retention of defense-related information that could harm the United States or aid a foreign adversary. Section 1519 covers destroying or concealing documents to obstruct government investigations or administrative proceedings. Section 2071 covers the unlawful removal of government records.
Prior to Trump, no U.S. president in history had been investigated for violating the Espionage Act.
JOSE ROMERO/US DEPARTMENT OF JUSTICE/AFP via Getty Images
How did Trump allegedly break the law?
A receipt that accompanied the unsealed warrant shows what federal agents collected in their search of Trump’s Palm Beach, Fla., residence. Among the materials retrieved were 11 sets of classified documents, including some marked “top secret” that are only meant to be viewed at secure government facilities.
Binders of photos, a handwritten note, unspecified information about French PresidentEmmanuel Macronand an executive grant of clemency forformer Trump aide Roger Stonewere also listed on the receipt.
But prosecutors are also said to have obtained audio recordings of Trumpdiscussing classified documentswith those who do not have the clearances necessary to view them. CNN obtained the audio of one recording in which Trump acknowledges that he had retained “secret” military information that he had not declassified while in office.
“As president, I could have declassified, but now I can’t,” Trump says on the tape, CNN reports.
Trump has publicly claimed that he declassified all the documents found during the search of Mar-a-Lago.
The document in question, the outlet reports, is a classified Pentagon document about attacking Iran. Trump’s conversation about it reportedly took place during a 2021 meeting at his Bedminster, New Jersey, resort, with two people working on the autobiography of his former chief of staffMark Meadowsas well as some of his own aides.
Donald Trump arrives at New York Criminal Court in April 2023 for his arraignment in the Stormy Daniels case.John Angelillo/UPI/Shutterstock
What is the punishment for violating the Espionage Act?
A single count of violating the Espionage Act can yield a maximum sentence of 10 years in prison and associated fines. Previous espionage convictions have been far less than that.
“The corrupt Biden Administration has informed my attorneys that I have been Indicted, seemingly over the Boxes Hoard, even though Joe Biden has 1850 Boxes at the University of Delaware,” Trump wrote on Truth Social following the news of his indictment.
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With that initial indictment, Trump became the first sitting or former president in U.S. history to face criminal charges.
In May, Trump was also found liable forsexually abusing and defamingformerElleadvice columnistE. Jean Carrollfollowing a highly publicized civil trial in Manhattan.
source: people.com
