News Analysis
On June 9, 2023, special counsel Jack Smith unveiled a 38-count indictment of former President Donald Trump and Waltine Nauta, a personal valet who works at Trump’s Mar-a-Lago estate. The first 31 counts relate to Trump alone and involve charges under the Espionage Act.
Of the remaining counts, five charge Trump and Nauta jointly with regard to the concealing of documents subject to a grand jury subpoena. The final two counts, one of which charges Trump and the other Nauta, pertain to making false statements. In total, Trump is charged with 37 counts in the indictment and Nauta with six counts.
Much attention has been focused on the 31 counts charged under the Espionage Act. Contrary to what the name Espionage Act indicates, most of the Act is unrelated to espionage. Trump has been charged under section e of 18 U.S.C. 793 of the Act, which makes it unlawful to willfully retain national defense information and to fail “to deliver it to the officer or employee of the United States entitled to receive it.” This section of the Espionage Act does not require that Trump share national defense information with anyone, nor even that he has the intention to share it with anyone. It merely requires that he have unauthorized possession of national defense information and that he fail to return it. It also does not explicitly require that the information be classified….