Willful Retention of National Defense Information (Counts 1-31)
8 search, months after other boxes were voluntarily returned to the National Archives and Records Administration.
The FBI seized more than 100 documents in the Aug. Proof of intend would "require proof of some communication be it email, text, or oral," he said. "Here is where cooperators come in handy.( NewsNation) - Former President Donald Trump was indicted on 37 formal charges after an investigation into his alleged mishandling of classified documents.Ī monthlong special counsel probe was conducted after records were found last fall at Mar-a-Lago, Trump’s Palm Beach estate. Randy Zelin, an attorney who specialized in a wide range of legal disputes, told CNBC in an email that while the authorities may have proof Trump broke these statutes, proving intent could be difficult. "A very dangerous precedent in our democracy." "Unless someone is selling classified information for profit, it would seem quite a stretch to prosecute a former president criminally and get a conviction under these statues - it seems a bit like they are trying to find some sort of crime in his actions as opposed to searching for the perpetrator of a known crime," Elson said in an email. "Remember that the offenses you cited to me were not on the stone tablets that Moses brought down from the mountain, while the January 6 case looks more like a coup d'etat, treason or sedition - which are ancient and more serious charges."Ĭharles Elson, a veteran attorney who specializes in corporate law, told CNBC in an email he's not convinced that the FBI would be able to prosecute and convict Trump under the statutes listed on the warrant. "If they do prosecute him, I think it will be for January 6 charges, and these record-keeping offenses are more technical and might look like piling on," Coffee said in an email to CNBC. But, he added, they could have a much stronger case when it comes to the pro-Trump riot on Capitol Hill on Jan. John Coffee, a longtime professor at Columbia Law School, said federal authorities don't need to prosecute Trump if they retrieved everything they were looking for. She was released early from prison in 2021 for good behavior. Winner had leaked intelligence on Russian election interference to The Intercept and pleaded guilty in 2018. Air Force member Reality Winner "went to jail for five years for leaking one document in violation of 18 USC 793," one of the same statutes listed on the warrant to raid Trump's Florida home. Legal experts are mixed about whether the statutes cited by the FBI will lead to Trump's prosecution.īradley Moss, a lawyer specializing in national security and federal employment, noted that former U.S. "But the idea that a candidate would have to litigate this is during a campaign is in my view a 'blockbuster in American politics.'" "Yes, I recognize the legal challenge that application of this law to a president would garner (since qualifications are set in Constitution)," Elias tweeted late Monday. Willick was responding to Marc Elias, a veteran attorney who has been aligned with the Democratic Party for years.
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