Connect with us

World

What might the Espionage Act mean for Donald Trump?

Published

on

What might the Espionage Act mean for Donald Trump?

WASHINGTON, June 11 (Reuters) – Former U.S. President Donald Trump has become the most high-profile person to ever face criminal charges under the Espionage Act for the unlawful retention of sensitive national defense records.

In all, Trump faces 37 criminal counts, 31 of which relate to secret or top secret classified documents. He is also charged with obstructing justice, conspiracy, concealment and false statements.

WHAT IS THE ESPIONAGE ACT?

The Espionage Act is an anti-spy law enacted by Congress shortly after the start of World War One.

The statute criminalizes a broad array of conduct related to the mishandling of sensitive government records connected to the “national defense,” a term generally referring to military records that if disclosed could damage U.S. national security.

Over the years, the law has been used as a legal tool by the Justice Department to prosecute people ranging from suspected Soviet spies to famous whistleblowers like Daniel Ellsberg, who leaked the Pentagon Papers, and Edward Snowden, a former intelligence consultant who leaked classified National Security Agency records to reveal the existence of a domestic surveillance program.

Advertisement

During the Obama and Trump administrations, some of the Justice Department’s most high-profile Espionage Act prosecutions targeted government employees who leaked classified information to the press or to the website Wikileaks, such as former Army Private First Class intelligence analyst Chelsea Manning and former intelligence contractor Reality Winner.

Manning was sentenced to 35 years in prison, though President Barack Obama later commuted her sentence, while Winner was sentenced to more than five years after she admitted to leaking a top secret report on Russian interference in U.S. elections to the media outlet The Intercept.

Wikileaks founder Julian Assange has also been charged under the Espionage Act, and is fighting extradition to the United States.

HOW DOES THE ESPIONAGE ACT APPLY TO TRUMP?

Special Counsel Jack Smith’s office filed charges against Trump after the FBI searched the Florida resort where he lives in August 2022 and located about 13,000 government records, about 100 of which were marked as secret or top secret — the highest classification level, reserved for the government’s most closely-held secrets. Altogether, prosecutors say he improperly retained 337 classified records.

Trump has previously denied breaking the law, arguing that he declassified the records in question and that his broad presidential powers gave him the authority to disclose or declassify materials.

Advertisement

However, the Espionage Act itself does not explicitly require prosecutors to prove that the records themselves were classified, and neither Trump nor his attorneys have provided any evidence to suggest they were ever declassified.

Prosecutors have charged Trump with violating a section in the Espionage Act which applies to someone who has “unauthorized possession” of national defense information — the same crime to which Winner pleaded guilty.

This section of the law makes it a crime to willfully retain the information and fail to deliver it back to the proper U.S. government official.

WHAT WILL PROSECUTORS HAVE TO PROVE TO A JURY?

To obtain a conviction against Trump, the government will need to prove beyond a reasonable doubt that he willfully retained the material and failed to turn it over to the government.

Prosecutors do not need to show that Trump knew it was national defense information, but rather that a reasonable person should have known it was.

Advertisement

Part of the government’s evidence will likely entail laying out all the steps it took to get the records returned.

This includes a year-long effort by the U.S. National Archives and Records Administration, which repeatedly reached out to Trump through his attorneys to request that he return missing records.

While Trump finally agreed to send the Archives 15 boxes of material a year after leaving the White House, some of those records were marked as classified, and the boxes did not include all of the records in his possession.

Even after the Justice Department tried to retrieve the remaining records with a subpoena, Trump only handed over an additional 38 pages marked as classified.

It took a court-approved search warrant before the FBI was able to retrieve the bulk of the records that remained.

Advertisement

The government will also present evidence from Trump’s own attorney, who was compelled to testify to a grand jury about his communications with Trump. The indictment alleges Trump tried to get his own attorney to lie to the government about the existence of the records, even going so far as to ask the attorney to destroy or hide them.

Reporting by Sarah N. Lynch; Editing by Scott Malone and Rosalba O’Brien

Our Standards: The Thomson Reuters Trust Principles.

Sarah N. Lynch

Thomson Reuters

Advertisement

Sarah N. Lynch is the lead reporter for Reuters covering the U.S. Justice Department out of Washington, D.C. During her time on the beat, she has covered everything from the Mueller report and the use of federal agents to quell protesters in the wake of George Floyd’s murder, to the rampant spread of COVID-19 in prisons and the department’s prosecutions following the Jan. 6 attack on the U.S. Capitol.

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

World

US briefed Ukraine ahead of Putin's 'experimental Intermediate-range ballistic' attack

Published

on

US briefed Ukraine ahead of Putin's 'experimental Intermediate-range ballistic' attack

A U.S. official on Thursday confirmed to Fox News Digital that Ukrainian authorities were briefed ahead of Russia’s “experimental Intermediate-range ballistic missile” attack that this type of weapon may be used against Ukraine in order to help it prepare.

Russian President Vladimir Putin confirmed the attack Thursday evening local time in an address to the nation and said it was in direct response to the U.S. and the U.K. jointly approving Ukraine’s use of Western-supplied long-range missiles to target Russia.

It remains unclear if there were any casualties in the attack on the city of Dnipro, which was originally reported as an Intercontinental Ballistic Missile (ICBM) strike, and which would have marked the first time such a weapon had been used during a time of war, sending panic across the globe. 

1,000 DAYS OF WAR IN UKRAINE AS ZELENSKYY DOUBLES DOWN ON AERIAL OPTIONS WITH ATACMS, DRONES AND MISSILES

Putin and U.S. sources have since confirmed the strike was not an ICBM, but the Kremlin chief also claimed that the weapon used poses a significant challenge for Western nations. 

Advertisement

“The missiles attack targets at a speed of MACH 10. That’s 2.5 miles per second,” Putin said according to a translation. “The world’s current air defense systems and the missile defense systems developed by the Americans in Europe do not intercept such missiles.”

Fox News Digital could not immediately verify whether the U.S. or its NATO allies are capable of defending against this latest missile, dubbed the Oreshnik. 

But according to one U.S. official, Putin may be playing up his abilities in a move to intimidate the West and Ukraine. 

A Yars intercontinental ballistic missile is test-fired in northwestern Russia on Oct. 29. (Russian Defense Ministry Press Service via AP)

“While we take all threats against Ukraine seriously, it is important to keep a few key facts in mind: Russia likely possesses only a handful of these experimental missiles,” the official told Fox News Digital. “Ukraine has withstood countless attacks from Russia, including from missiles with significantly larger warheads than this weapon.

Advertisement

“Let me be clear: Russia may be seeking to use this capability to try to intimidate Ukraine and its supporters, or generate attention in the information space, but it will not be a game-changer in this conflict,” the official added. 

US EMBASSY IN KYIV CLOSED AS ‘POTENTIAL SIGNIFICANT AIR ATTACK’ LOOMS

Following President Biden’s position reversal this week to allow Ukraine to use U.S.-supplied long-range Army Tactical Missile Systems (ATACMS) against the Russian homeland, Kyiv immediately levied strikes against a military arsenal in the Russian region of Bryansk, more than 70 miles from Ukraine’s border. 

While Ukrainian troops are the ones to officially fire the sophisticated missiles, the weapons system still relies on U.S. satellites to hit its target — an issue Putin touched on in his unannounced speech Thursday. 

“We are testing the Oreshnik missile systems in combat conditions in response to NATO countries’ aggressive actions against Russia. We will decide on the further deployment of intermediate-range and shorter-range missiles depending on the actions of the U.S. and its satellites,” he said.

Advertisement

CLICK TO GET THE FOX NEWS APP

dnipro

Firefighters work at the site of a Russian missile strike in Dnipro, Ukraine, on Thursday. (Press service of the State Emergency Service of Ukraine in Dnipropetrovsk region/Handout via Reuters)

Putin claimed Russia will alert Ukrainian citizens of an impending attack like the strike he carried out on Thursday, though it remains unclear if he issued a warning to the Ukrainians living in Dnipro. 

The Kremlin chief said the “defense industry” was targeted, though images released by the Ukrainian ministry of defense showed what appeared to be civilian infrastructure was also caught in the fray. 

The Pentagon on Thursday confirmed that Russia informed the U.S. of the impending attack, which corresponds with information obtained by Fox News Digital, but it is unclear if Moscow clarified which Ukrainian city was the intended target.

A U.S. official told Fox News Digital that the U.S. is committed to helping Ukraine bolster its air defense systems and has done so already by supplying Ukraine with hundreds of additional Patriot and Advanced Medium-Range Air-to-Air Missiles. 

Advertisement

Continue Reading

World

South Korea says Russia sent North Korea missiles in exchange for troops

Published

on

South Korea says Russia sent North Korea missiles in exchange for troops

South Korea’s national security adviser says North plans to use the weapons to defend its airspace over the capital.

Russia has provided North Korea with anti-air missiles and air defence equipment in return for sending soldiers to support its war against Ukraine, according to a top South Korean official.

Asked what the North stood to gain from dispatching an estimated 10,000 troops to Russia, South Korea’s national security adviser Shin Won-sik said Moscow had given Pyongyang economic and military technology support.

“It is understood that North Korea has been provided with related equipment and anti-aircraft missiles to strengthen Pyongyang’s weak air defence system,” Shin told South Korean broadcaster SBS in an interview aired on Friday.

At a military exhibition in the capital, Pyongyang, North Korean leader Kim Jong Un on Friday called for developing and upgrading “ultra-modern” versions of weaponry, and pledged to keep advancing defence capabilities, state media reported.

Advertisement

Russia this month ratified a landmark mutual defence pact with North Korea as Ukrainian officials reported clashes with Pyongyang’s soldiers on the front lines.

The treaty was signed in Pyongyang in June during a state visit by Russian President Vladimir Putin. It obligates both states to provide military assistance “without delay” in the case of an attack on the other and to cooperate internationally to oppose Western sanctions.

South Korea’s National Intelligence Service told lawmakers this week that the troops deployed to Russia are believed to have been assigned to an airborne brigade and marine corps on the ground, with some of the soldiers having already entered combat, the Yonhap news agency reported.

The intelligence agency also said recently that North Korea had sent more than 13,000 containers of artillery, missiles and other conventional arms to Russia since August 2023 to replenish its dwindling weapons stockpiles.

Experts say Pyongyang could be using Ukraine as a means of realigning foreign policy.

Advertisement

By sending soldiers, North Korea is positioning itself within the Russian war economy as a supplier of weapons, military support and labour – potentially bypassing its traditional ally, neighbour and main trading partner, China, according to analysts.

Russia can also provide North Korea access to its vast natural resources, such as oil and gas, they say.

North Korean Foreign Minister Choe Son Hui recently visited Moscow and said her country would “stand firmly by our Russian comrades until victory day“.

North Korea said last month that any troop deployment to Russia would be “an act conforming with the regulations of international law”, but stopped short of confirming that it had sent soldiers.

The deployment has led to a shift in tone from Seoul, which had so far resisted calls to send weapons to Kyiv. However, President Yoon Suk-yeol indicated South Korea might change its longstanding policy of not providing arms to countries in conflict.

Advertisement
Continue Reading

World

How Indian Billionaire Gautam Adani's Alleged Bribery Scheme Took off and Unraveled

Published

on

How Indian Billionaire Gautam Adani's Alleged Bribery Scheme Took off and Unraveled
By Luc Cohen NEW YORK (Reuters) – In June of 2020, a renewable energy company owned by Indian billionaire Gautam Adani won what it called the single largest solar development bid ever awarded: an agreement to supply 8 gigawatts of electricity to a state-owned power company. But there was a problem.
Continue Reading

Trending