Analysis: Donald Trump was charged under the Espionage Act, but was not charged with espionage. His defenders have debuted a remarkable defense of the former president. It both obviates a key distinction in the law and relies on a very dicey assumption.
after the May 2022 subpoena describe Trump approvingly citing a Hillary Clinton aide who deleted emails from her private server.
Trump also appears to have taken a great interest in the boxes, with multiple aides talking about him personally going through them. None of which would seem to instill full confidence that the government has recovered all of what it sought. All of it points in the direction of Trump willfully trying not to return the documents when he was legally required to.
And the fact that Trump’s allies are setting the bar at “at least Trump isn’t a literal spy” would seem to reinforce how much trouble he’s in, legally speaking.
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