Espionage Act Explained: Trump Is First U.S. President Charged with Violating the 1917 Law

The bombshell news that Donald Trump had been indicted on at least seven criminal counts Thursday sheds more light on a startling aspect of the federal investigation into his alleged mishandling of White House documents: that the former president is being accused of violating the Espionage Act and other laws related to national security.

The federal indictment charges Trump with willfully retaining national defense secrets in violation of the Espionage Act, making false statements and conspiring to obstruct justice, according to The New York Times.

Trump's indictment comes months after the release of a previously sealed search warrant that was executed by the FBI at Trump's Mar-a-Lago home last August.

Under a section labeled "property to be seized," the warrant, viewable here, indicates that the FBI agents were seeking "all physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of" three sections — 2071, 1519 or 793, better known as the Espionage Act — in Title 18 of the United States Code.

Here's more about the law, and how — according to reports — it may have been broken.

What is the Espionage Act?

The Espionage Act was first enacted by Congress in 1917 during World War I and makes it illegal to obtain information (including photographs or documents) related to national defense, with the intent of that information being used against the U.S., or to benefit a foreign nation.

Three sections of Title 18 of the United States Code are listed on the warrant that was used to search Trump's Mar-a-Lago home for documents in August 2022.

Section 793 covers the unlawful retention of defense-related information that could harm the United States or aid a foreign adversary. Section 1519 covers destroying or concealing documents to obstruct government investigations or administrative proceedings. Section 2071 covers the unlawful removal of government records.

Prior to Trump, no U.S. president in history had been investigated for violating the Espionage Act.

How did Trump allegedly break the law?

A receipt that accompanied the unsealed warrant shows what federal agents collected in their search of Trump's Palm Beach, Fla., residence. Among the materials retrieved were 11 sets of classified documents, including some marked "top secret" that are only meant to be viewed at secure government facilities.

Binders of photos, a handwritten note, unspecified information about French President Emmanuel Macron and an executive grant of clemency for former Trump aide Roger Stone were also listed on the receipt.

But prosecutors are also said to have obtained audio recordings of Trump discussing classified documents with those who do not have the clearances necessary to view them. CNN obtained the audio of one recording in which Trump acknowledges that he had retained “secret” military information that he had not declassified while in office.

“As president, I could have declassified, but now I can’t,” Trump says on the tape, CNN reports.

Trump has publicly claimed that he declassified all the documents found during the search of Mar-a-Lago.

The document in question, the outlet reports, is a classified Pentagon document about attacking Iran. Trump's conversation about it reportedly took place during a 2021 meeting at his Bedminster, New Jersey, resort, with two people working on the autobiography of his former chief of staff Mark Meadows as well as some of his own aides.

The audio suggests that Trump physically showed the documents to others in the room during his discussion, with the former president saying: “Secret. This is secret information. Look, look at this. This was done by the military and given to me.”

What is the punishment for violating the Espionage Act?

Most espionage crimes are matters of federal jurisdiction, investigated by agencies such as the FBI and resulting in federal charges. 

A single count of violating the Espionage Act can yield a maximum sentence of 10 years in prison and associated fines. Previous espionage convictions have been far less than that.

Trump has chalked the criminal charges against him up to a sabotage attempt by President Biden, who has kept a distance from the Department of Justice's investigations into Trump for that very reason.

"The corrupt Biden Administration has informed my attorneys that I have been Indicted, seemingly over the Boxes Hoard, even though Joe Biden has 1850 Boxes at the University of Delaware," Trump wrote on Truth Social following the news of his indictment.

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Trump was previously indicted by a Manhattan grand jury in March 2023 for allegedly paying hush money to adult film star Stormy Daniels while he was a presidential candidate in 2016.

With that initial indictment, Trump became the first sitting or former president in U.S. history to face criminal charges.

In May, Trump was also found liable for sexually abusing and defaming former Elle advice columnist E. Jean Carroll following a highly publicized civil trial in Manhattan.