![]() ![]() "It could well be that what the Justice Department has in mind is not obstruction of an investigation, but simply interference or obstruction of the ability of the National Archives to properly administer government documents, presidential records," he said. Goodman said that the obstruction statute is not necessarily limited to obstruction of a Justice Department criminal investigation, but it could apply to the National Archive's ability to collect presidential records. That led to the FBI executing a search warrant Monday at Mar-a-Lago, with the agents seizing 11 sets of classified documents, including four sets that were classified "top secret." Trump has claimed that all the documents were declassified. It then asked the Justice Department to investigate. 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. The latter carries a 20-year maximum prison sentence, double what someone would face under Section 793 of the Espionage Act. They include, involving removing, falsifying or destroying public records and, obstruction of justice. " The other laws involved in the investigationĪccording to the search warrant, Trump is also under investigation for two other potential crimes not related to the Espionage Act. "And it's also one in which Petraeus could have been charged for the false statement, which is very similar to Trump potentially being charged with. "I think that's one of the closest precedents to the current situation," said Ryan Goodman, a New York University law professor. ![]() "The question for the Justice Department was, did she create this private server with the intent of people sending her unmarked classified information? And did she have any reason to suspect the information in those emails was in fact classified? And they concluded there was insufficient evidence of that," Moss said.Īfter intensely criticizing Clinton for her handling of classified information, Trump signed a law upgrading the mishandling of secret records from a misdemeanor to a felony.įormer CIA Director David Petraeus admitted to keeping classified information at home, which he shared with his biographer with whom he was having an affair, while lying to the government about returning all such information. ![]() Dozens of emails containing classified information were housed on the server. The provision for which Trump is under investigation has a maximum 10-year prison sentence.įormer FBI Director James Comey controversially decided not to seek criminal charges against former Secretary of State Hillary Clinton under the Espionage Act for her private email server because there wasn't enough evidence of willful intent or gross negligence. Section 794 also carries a much steeper sentence of up to life in prison or the death penalty. Though the 793 provision of the law references "transmitting" defense information, that refers to "any method of moving the document from the secure location to an unauthorized party or an unsecured location," national security lawyer Brad Moss said. The distinction is that Trump - as far as is publicly known - is not under investigation for giving national defense information to a foreign government with the intent to harm the U.S or aid a foreign nation, or traditional espionage, according to experts who spoke to CBS News. ![]() The most notorious spies were prosecuted under the Espionage Act of 1917, including Robert Hanssen and Aldrich Ames, who are serving life sentences in prison for spying for the Soviet and Russian intelligence services while they worked for the FBI and CIA, respectively.īut while Hanssen and Ames were charged under Section 794 - gathering or delivering defense information to aid a foreign government - Trump is being investigated for potentially violating Section 793 - gathering, transmitting or losing defense information, which also includes refusal to return information that is demanded by the government. ![]()
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