FACT CHECK: No, Trump Has Not Been Charged With Espionage

Christine Sellers | Fact Check Reporter

A post shared on Facebook purports former President Donald Trump has been charged with espionage in his recent indictment.

Verdict: False

Trump faces 37 charges of allegedly mishandling classified documents, including 31 counts of willful retention of national defense information under 18 U.S. Code 793, which is part of the Espionage Act, according to the indictment. A national security law expert denied Trump had been charged with espionage in an email to Check Your Fact.

Fact Check:

Trump’s former White House Communications Director Anthony Scaramucci said the 2024 hopeful is “stressed” over his recent indictment and has predicted he will drop out of the presidential race, according to USA Today. Trump pleaded not guilty to charges he allegedly mishandled classified documents in a Miami federal court Tuesday, Politico reported.

“SEE IT: Trump Indictment Unsealed, Charged with Espionage Posted in comments,” the Facebook post, shared by conservative commentator Todd Starnes and liked over 200 times, purports. A link shared in the comments section of the post redirects social media users to Starnes’ website, where a PDF copy of the indictment is available to read.

The claim is false. Trump faces 37 charges of allegedly mishandling classified documents, including 31 counts of willful retention of national defense information under 18 U.S. Code 793, which is part of the Espionage Act, according to the indictment. (RELATED: Did Donald Trump Post A Truth Social Message Criticizing Mark Meadows?)

The remaining six charges are conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheme to conceal, and false statements and representations, also according to the indictment. There is no mention of espionage charges anywhere in the document.

Trump’s 31 charges of alleged willful retention of national defense information violate 18 U.S. Code 793, which makes it a crime to communicate, deliver, transmit, or cause to communicate, deliver, or transmit national defense information to anyone who is not entitled to receive it under the Espionage Act.

Chris Edelson, a national security law expert and professor at American University, denied Trump had been charged with espionage in an email to Check Your Fact.

“Former President Trump has been charged with 31 counts of willful retention of national defense information under the Espionage Act (18 USC sec. 793(e)), but he has not been charged with espionage, [or] spying. The other 6 counts against Mr. Trump allege conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, a scheme to conceal, as well as false statements and representations.”

“So, there are 37 counts in all against Mr. Trump, 31 of which come under the Espionage Act, alleging willful retention of national defense information, but not espionage. The Espionage Act does not only apply to espionage or spying—its name is a bit confusing because it actually applies to other offenses as well,” Edelson said.

Check Your Fact has also contacted four other legal experts for comment and will update this piece accordingly if one is received.

Christine Sellers

Fact Check Reporter

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