"It has to do with the unlawful retention of national defense information and failing to return it."
Former Pres. Donald Trump's indictment is drawing new attention to a century-old federal law: the Espionage Act of 1917.
According to CNN, 31 of the 37 counts in the DOJ's indictment against Trump stem from the Espionage Act.
What is the Espionage Act? Enacted in 1917, the law prohibits the dissemination of national security secrets. (NYT)
The law covers broad ground: it can be used to prosecute any official who mishandles classified information. (NYT)
Who's been prosecuted under the Espionage Act? Famously, Reality Winner, Edward Snowden, and Julian Assange.
What exactly is Trump being charged with? Trump is being prosecuted under Section 793(e) of the Espionage Act. (CNN)
Section 793(e) explicitly bars officials from "willfully" retaining classified national defense information. (CNN)
Section 793(e) also makes it a crime to fail to return national defense information to the U.S. government. (CNN)
According to the DOJ, Trump kept 300+ classified documents at Mar-a-Lago, 30 of which were marked "top secret."
Trump refused requests to return documents for a year and a half, culminating in a grand jury subpoena in May 2022. (NYT)
DOJ prosecutors also uncovered recordings of Trump showing classified military secrets to others twice. (CNN)
CNN reported Fri. that Trump was heard in one recording lamenting: "I could have declassified, but now I can’t."