Did Trump Violate the Espionage Act? New reporting suggests that he did...Jay Kuo

[Joinfortmill]

https://statuskuo.substack.com/p/did-trump-violate-the-espionage-act?utm_source=substack&utm_medium

'The Espionage Act: In the warrant to search Mar-a-Lago, the Justice Department listed three crimes for which it believed evidence was at Trump’s Florida resort residence. In the section titled “Property to be Seized,” the Department stated,

All physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071 , or 1519...Section (d)...is problematic for the ex-president. It prohibits willful communication of national defense information to any person not entitled to see it. It also prohibits willful retention of national defense information and the failure to return it on demand to the U.S. government. Simply put, an Espionage Act charge could be made against Trump if he willfully communicated or retained national defense information.

For espionage...it is sufficient that the documents are “relating to the national defense”—not that they are “classified.” (This makes sense, because the Espionage Act of 1917 predates the modern classification system.) As explained by Professor Heidi Kitrosser in Lawfare, this has meant, according to relevant court cases, two things: they are “closely held” in that they “have not been made public and are not available to the general public,” and the disclosure must be “potentially damaging to the United States or useful to an enemy of the United States.”

As reported by Rolling Stone...some of Trump’s top advisers and lawyers have told him that they expect the Justice Department to charge him for retaining highly sensitive and classified documents...“Looks like they’re going for it,” one of the sources said. “People close to the president have discussed with him what we think is going to happen soon, and how he and everyone else needs to be ready for it … we have to consider that Trump has skirted justice and accountability all his life. But to my eye, it looks like Special Counsel Jack Smith has finally caught up to him...'

[bucolic_frolic]

1. Just think of him as Snowden Lite /nt

[chicoescuela]

2. Remind me the penalty given to the Rosenbergs for espionage

[triron]

17. Yes but Trump is special. Sarcasm

[dweller]

3. Friday news dump ?

Long holiday weekend ?
Perfect for hidden indictment news …
🤔


✌🏻

[AZ8theist]

4. OF COURSE he (they) did.....

You think Kushner got that $2B because he was a smart, charming guy?????

How many of our assets were EXECUTED because of the IMBECILE in the WH??

[Kid Berwyn]

5. When you laugh at the FBI with Russians in the Oval Office, yeah. I can see that.

“I just fired the head of the FBI. He was crazy, a real nut job," Trump said, according to The Times. "I faced great pressure because of Russia. That's taken off.”

"I'm not under investigation," he added.



President Trump gestures to Russia's ambassador to the U.S., Sergey Kislyak, as he speaks to Russian Foreign Minister Sergey Lavrov in the Oval Office on Wednesday, May 10, 2017. (Alexander Shcherbak/TASS/Getty Images)

Sources:

https://www.npr.org/sections/thetwo-way/2017/05/10/527755991/trump-meets-with-russias-lavrov-at-the-white-house-today

https://www.businessinsider.com/trump-nut-job-james-comey-russia-2017-5

[Duppers]

11. Indeed! 👍

[Kid Berwyn]

18. "He's got my back."

Photo courtesy of TASS because no other news media were invited in to witness the moment.

[Duppers]

20. Perfect photo. 😉

[tanyev]

6. You name it, Trump's probably violated it.

That’s his thing.

[LiberalLovinLug]

8. Exactly. There is no doubt he did.

The question for authorities is:

Should they listen to those who say its a national security issue if they prosecute. It may be good for America internally to deal with this by the letter of the law, but internationally, this looks very bad. And other countries may use it against the US

Should they listen to one of the angles lawyers have used before. That Trump is such a newbie to public office that he routinely broke the law but didn't know he was, or how serious of an infraction it was. And is it worth the first point above, to prosecute a dimwit for being a dimwit.

I'm only putting it out there. I support fully prosecuting him. In the long run, it would be the best thing for the US. But I'm sure Trump's lawyers are using both of these arguments.

[EndlessWire]

12. It is well established

that ignorance of the law is not a defense. And we should not selectively prosecute someone based on the optics of the whole thing.

Anyway, everyone knows that Trump is on the hook for it. The bad optics here would be if we did not prosecute him for what we claim is the concept that no one is above the law. They should vigorously prosecute him to the fullest extent of the law, and if convicted, if security is an issue, they should throw him into a Supermax. You know, for his own safety.

[Ligyron]

14. Thing is...those lawyers told the Chief Dimwit he was in violation.

So even if he didn't realize it a first, he soon was made aware and yet he continued to hide them and otherwise take steps to insure he'd remain in possession of them in violation of the law.

[LiberalLovinLug]

16. That is a good point.

In that if they don't prosecute him for that at least, how do they ever prosecute anyone else for doing it including Jack Teixeira.

My point was that Pentagon officials could pressure the administration, and the DOJ to NOT go ahead with it. (If that happened I'd also suspect that Flynns brother and other Trump humpers there were strongly behind such a plea). To find some technicality to either charge him with a much less charge, or none at all. And I just don't have faith in Democratic leadership to not be suckered in. Sorry but history shows how fast they buckle under to Republican machinations. Al Franken etc.

[BumRushDaShow]

7. We are actually seeing this play out with that young Air National Guard gamer - Jack Teixeira -

and that is one of things he is being charged for - https://www.theguardian.com/us-news/2023/apr/14/jack-teixeira-charged-pentagon-leaks-espionage-act

[SWBTATTReg]

9. Traitor. And anyone who aided and abetted his crimes should pay too. NT

[progressoid]

10. Yaaawn.

Wake me when something actually happens.

[PlutosHeart]

13. Can we hope for the circle to spread

to include supporters and enablers in elected government positions?

[Blue Owl]

15. Yes you did Donny YES YOU DID

[usaf-vet]

19. Please, God, let's just stop talking about it, and somebody pull the pin or push the button, and....

.... indict the traitor.

[Duppers]

21. Neil Katyal is on msnbc now

Discussing this with Nicole Wallace.

But, yes, will the justice dept ever do anything in regard to his stealing secret documents? Doubtful.