Upon reports that former President Donald Trump may have broken the law by taking home documents marked “top secret” in the 15 boxes he removed to his private Mar-a-Lago home, Levy Firestone Muse partner Daren H. Firestone authored an opinion for Law360 to discuss the likelihood of prosecution under the Espionage Act:
We don’t know why Trump took the documents to Mar-a-Lago. Was it a mistake? Were the documents mementos of his time in office? If the classified Mar-a-Lago documents turn out to implicate Trump in a crime — related to Jan. 6 or otherwise — and there are multiple reliable witnesses to testify that Trump intended to hide them from investigations into his criminality, then a prosecution may be warranted, and conviction may be sufficiently likely to overcome political and legal liabilities.