![]() ![]() But it's a good bet that, regardless of how this turns out, it will still be annoying. As the Times points out, "prosecutors would not technically need to prove that were still classified because the Espionage Act predates the classification system and does not refer to it as an element." If true, that would of course preclude charges related to mishandling classified documents-and could point to one reason why the Espionage Act is being invoked here. ![]() Trump and his team have argued that Trump declassified whatever documents he retained before leaving office. " That's his argument and I think it's a good one." ![]() " If a govt official mishandles classified info they can be administratively punished, fired, etc, but it's not a crime," tweeted Grim. The Intercept's Ryan Grim noted that Daniel Ellsberg-who leaked the Pentagon Papers to news outlets in 1971 and was charged under the Espionage Act-" has been arguing for years that the Espionage Act is an unconstitutional violation of the First Amendment." Government has employed it to avoid scrutiny and chill free speech, and it violates basic tenets of due process." "I'm categorically opposed to charging anyone under the Espionage Act, even those who seem obviously to have engaged in espionage," tweeted former U.S. On the other, maybe ordinary citizens should face fewer Espionage Act charges, too. On the one hand, it represents Trump being treated just like ordinary citizens. The Espionage Act charges have raised eyebrows on the pro-Trump right and from libertarians and folks on the left. Granted, the offense Trump is reportedly charged with-illegally retaining "national defense information"-needn't involve a plan to give or sell that information to a foreign country. The Espionage Act charge could carry a penalty of up to 10 years in prison per offense.Īs Reason's Jacob Sullum noted last August, "there is some evidence to support the inference that Trump's alleged mishandling of classified material was 'intentional and willful'" or, at minimum, "a pretty reckless way to handle sensitive material." And according to the Justice Department, documents found at Mar-a-Lago included sensitive information "relating to nuclear weapons." Unauthorized retention of national security documents violates the Espionage Act of 1917, but it beggars belief that Trump's behavior amounts to espionage. While the indictment is not yet public, what we know about the charges suggests that they are also annoying. Trump insists that the charges are part of a politically motivated witch hunt and is trying to deflect blame to Democrats, in this case, President Joe Biden. The corrupt Biden Administration has informed my attorneys that I have been Indicted, seemingly over the Boxes Hoax, even though Joe Biden has 1850 Boxes at the University of Delaware, additional Boxes in Chinatown, D.C., with even more Boxes at the University of Pennsylvania, and documents strewn all over his garage floor where he parks his Corvette, and which is "secured" by only a garage door that is paper thin, and open much of the time. Here's the first paragraph of Trump's statement from yesterday: The former president's response has been annoying, albeit typical for Trump. Now, Trump has reportedly been charged with seven federal criminal counts, including conspiracy to obstruct justice, making false statements, and unauthorized retention of national security documents. The FBI found the documents during a raid of Trump's Florida resort, Mar-a-Lago, last summer. The former president is accused of keeping classified documents after he left office and obstructing government efforts to get them back. Donald Trump has been indicted on federal charges …and everything about it is annoying. ![]()
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