Espionage

2022 - 8 - 13

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Image courtesy of "The Guardian"

Trump under investigation for potential violations of Espionage Act ... (The Guardian)

Details contained in explosive search warrant show US officials investigating whether three criminal statutes violated. Trump in New York this week, ...

The Espionage Act, for instance, does not distinguish between classified and declassified materials – unauthorized retention of any document relevant to the statute remains a crime. “Every day that information of such a classification sits in an unsecure location is a risk to our national security,” Schiff said. The committee the California Democrat chairs oversees the FBI as well as other federal law enforcement agencies. FBI agents retrieved a total of 11 sets of classified documents, some of which were marked top secret, the Wall Street Journal first reported. Other materials removed from Mar-a-Lago included binders of photos, information on the “President of France”, and a grant of clemency for the Trump political operative Roger Stone. “It was all declassified,” Trump asserted.

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Image courtesy of "Financial Times"

Trump under investigation for possible violation of US Espionage Act (Financial Times)

FBI search warrant reveals former president was holding highly classified documents at Mar-a-Lago estate.

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Image courtesy of "Politico"

FBI search warrant shows Trump under investigation for potential ... (Politico)

A search warrant viewed by POLITICO reveals that the FBI is investigating Donald Trump for potential violations of the Espionage Act and obstruction of ...

But after several rounds of negotiations in which materials were recovered by the Archives, federal investigators came to believe Trump hadn’t returned everything in his possession. “The idea that some paper-pushing bureaucrat, with classification authority delegated BY THE PRESIDENT, needs to approve of declassification is absurd.” The disclosure of the documents comes four days after Trump publicly confirmed the court-authorized search of his Mar-a-Lago home by the FBI, marshaling his political allies to unleash fierce criticism of federal investigators. But that’s stands in contrast with how Trump’s office has handled matters of declassification in the past. The concern grew so acute that Attorney General Merrick Garland approved the unprecedented search of Trump’s estate last week. Conviction under the statutes can result in imprisonment or fines.

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Image courtesy of "USA TODAY"

Espionage? Witch hunt? The best, most beautiful recap of Trump ... (USA TODAY)

With news Trump is being investigated for violating the Espionage Act, a look at his swirling, twirling excuses for possessing classified documents.

While asserting the whole thing was all a political hit job by radical Democrats, Trump and company slammed the FBI and the Department of Justice, comparing them to the Gestapo and other horrible things. After the Washington Post reported Thursday that some of the documents FBI agents were seeking involved nuclear weapons, Trump again called that a hoax, then followed up hours later with this statement: “President Barack Hussein Obama has kept 33 million pages of documents, much of them classified. But the Justice Department, you see, refused to release the search warrant, right up until Thursday when it said, “Sure, let’s release the search warrant.” Of course Trump himself could have released the warrant at any time. But, the warrant got stuck to his hand after he ate a jelly doughnut, putting the onus on the government to release it. Well, it’s complicated, but here is a rough rundown of what we’ve heard over the course of this momentous week. So how are Trump and the Republican loyalists and right-wing media pundits who make up his Praetorian Guard explaining all this? How many of them pertained to nuclear? It's also the process. If you’ve followed Trump over the years – and I pray you haven’t – you can hear his meandering mendacity already: “It was the best espionage. Where was I? For starters, Trump didn’t have any classified information at Mar-a-Lago and this is all part of an elaborate “witch hunt.” Also, as Trump and many politicians and pundits suggested on Fox News and elsewhere, who’s to say those devious FBI agents didn’t plant stuff in Trump’s boxes of documents, the ones he didn’t have in the first place because – all together now – it’s a witch hunt. Tears! And he said, ‘Thank you, sir, for doing such amazing espionage.

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Image courtesy of "EURACTIV"

FBI seized top secret documents at Trump's home; Espionage Act cited (EURACTIV)

FBI agents in this week's search of former US President Donald Trump's Florida home removed 11 sets of classified documents including some marked as top ...

Attorney General Merrick Garland on Thursday announced that the department asked Reinhart to unseal the warrant. Since Monday’s search, the department has faced fierce criticism and online threats, which Garland have condemned. It did not spell out the details about why investigators have reason to believe such a violation occurred. Also included in the list was information about the “President of France.” As such, Trump’s claims that he declassified the documents would have no bearing on the potential legal violations at issue. That law was initially enacted to combat spying.

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Image courtesy of "USA TODAY"

Trump calls DOJ probe a "hoax." Experts, citing the Espionage Act ... (USA TODAY)

Ex-President Donald Trump could be in serious legal trouble after a warrant for a search of his Mar-a-Lago home suggested an Espionage Act probe.

In that role, Laufman supervised the investigation and prosecution of cases affecting national security, including mishandling of classified documents. It is difficult to think of a crime more serious than violations of the Espionage Act.” Specifically, the warrant authorizing federal agents to search Mar-a-Lago shows that authorities sought a range of highly sensitive documents, including 11 caches of classified materials. The FBI and Justice Department have long warned that Chinese agents are in the United States looking to collect any information they can. But the other two statutes cited in the search warrant are also serious, legal experts said. In April 2019, federal authorities said they were reviewing whether then-President Trump's private resort was vulnerable to foreign spying, a person familiar with the matter said. The legal predicate that is part of the Espionage Act, 18 U.S.C. §§ 793, pertains to “gathering, transmitting or losing defense information.” Instead, they're supposed to be held by the National Archives, he said, in a secure location not unlike Fort Knox where no one can access them without many layers of authorization and approval. “You don't think the U.S. intelligence services would be all over themselves trying to penetrate that site?” I guarantee you that there's foreign intelligence services who have targeted that location,” Leonard told USA TODAY. "The fact that the search was predicated on evidence of crimes committed under the Espionage Act is of enormous importance," said Ryan Goodman, a national security law expert and former special counsel to the Department of Defense. But if the FBI, the Justice Department and an independent federal judge are to be believed, Trump could be in some serious legal trouble, including what they say could be violations of the U.S. Espionage Act.

Week in politics: FBI investigates Trump for potential breach of the ... (NPR)

An unsealed warrant for the search of former President Trump's home indicates the FBI is investigating a possible breach of the Espionage Act.

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Image courtesy of "CBS News"

What is the Espionage Act? (CBS News)

The Justice Department is investigating Trump for potential Espionage Act violations, according to a search warrant. What does it mean?

"I personally do not foresee the government bringing such a case here, unless the information is something they can also prove was classified," Moss said. The latter carries a 20-year maximum prison sentence, double what someone would face under Section 793 of the Espionage Act. Trump has claimed that all the documents were declassified. "I think that's one of the closest precedents to the current situation," said Ryan Goodman, a New York University law professor. In January, the National Archives and Records Administration said it retrieved 15 boxes of records from Mar-a-Lago, some of which contained classified national security material. Congress enacted the Espionage Act on June 15, 1917, two months after the U.S. entered World War I, to stifle dissent of U.S. involvement in the war.

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Image courtesy of "Vox"

The DOJ's Espionage Act investigation into Trump, explained (Vox)

The FBI's unsealed warrant tells us why they searched Mar-a-Lago — but not much about what they found.

One of Trump’s lawyers apparently signed a document in June stating that all classified material had been returned to the government; the DOJ’s unsealed receipts detailing all the items taken from Mar-a-Lago Monday indicate that statement wasn’t true. Daniel Ellsberg, for example, was tried in 1973 under the Espionage Act for leaking to the Washington Post and the New York Times the so-called Pentagon Papers — about 7,000 pages of documents covering US involvement in the Vietnam War that countered the government’s official narrative for that involvement. Under that statute, presidential records belong to the national archivist — and therefore the American people — when a president leaves office, unless that person has the permission of the archivist to dispose of records that are no longer useful. That Winner’s single charge resulted in more than five years in prison is an indication of just how seriously the Espionage Act can be prosecuted; it’s also part of an almost consistent struggle between the free press and the US government across administrations. That didn’t happen at the end of the Trump administration; instead, as Maggie Haberman reported on a recent episode of the New York Times podcast The Daily, Trump took 15 boxes of material with him when he departed for Mar-a-Lago as Biden took office. The Mar-a-Lago search warrant referred to Section 793 — “Gathering, transmitting or losing defense information,” which doesn’t just cover “spying” in the sense that many think of when they hear the term.

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Image courtesy of "Vanity Fair"

Mar-a-Lago Search Warrant Reveals Former President Donald ... (Vanity Fair)

On Friday afternoon, the F.B.I.'s search warrant for Mar-a-Lago was unsealed, revealing that the government believed evidence of three federal crimes ...

Similarly, Trump said on Friday that he had declassified all the Mar-a-Lago material while he was still president—although he provided no documentation to support this claim. Both the signed statement by Trump's lawyer and Trump's claim contradict the findings laid out in the unsealed warrant. The remaining statute mentioned in the warrant—Section 2071— criminalizes the concealment, mutilation or destruction of government documents. Conviction of this penalty can result in a penalty of three years in prison per offense; perhaps more significantly, a conviction also prohibits the guilty party from holding any federal office—including the presidency. The search warrant said that a magistrate judge had established “probable cause” for the U.S. Department of Justice to request access to Trump's Mar-a-Lago property and seize documents —including some related to nuclear weapons, the Washington Post reported. Of the three laws listed, Section 793—more commonly known as the Espionage Act—is drawing the most attention.

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