Trump doesn't have to be working as a spy to be charged under the Espionage Act, jordan_s_rubin writes.
, means prosecutors have to prove he was working on behalf of a foreign government. But the federal law covers broader conduct than that, as we may soon see if Trump is indicted in special counsel Jack Smith's classifiedOne part of the act, first passed by Congress during World War I, that could surface in a Trump indictment is.
In Trump’s potential case, the National Archives and Records Administration was entitled to receive the records Trump kept at Mar-a-Lago and failed to deliver. That section of the Espionage Act wouldn't require Trump, for example, to share the documents with a foreign government in order to be charged., which deals with “classic spying” for foreign governments, the sort of thing that one might think of more readily when hearing the term “espionage.
from Just Security — has been more on section 793 and other potential violations related to mishandling government documents, such as concealing government records and converting government property. Of course, in addition to any potential charges under the Espionage Act or other substantive criminal allegations, there are also possible obstruction-related offenses, which areBut if you see a Trump indictment containing Espionage Act charges, it won’t necessarily be an allegation — and therefore won’t be a requirement to prove — that he was working as a spy.
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