Legal expert expects 'Espionage Act charges' after Trump reportedly told staff to move documents

The Washington Post revealed Thursday that the day prior to the execution of a search warrant at Mar-a-Lago, former President Donald Trump told his staff to move the documents the FBI were seeking.

The report has prompted legal experts to anticipate Espionage charges will be filed against the Republican.

National security analyst Marcy Wheeler pointed out the three classified documents in Trump's desk drawer included "one 'compiled' with docs that post-date Trump's White House departure."

"One of the most important details is that the grand jury hasn't sat since May 5; three Fridays ago," Wheeler explained. "That means two of the last live bodies the grand jury have seen are Matthews Calamari Sr. and Jr. They were asked why Walt Nauta called after DOJ sent a subpoena for surveillance footage. Want your additional instance of obstruction? There ya go!"

It was also reported this week that the National Archives released information showing they talked to the White House about handling classified documents and packing them up.

Wheeler cited 18 USC 793(e), which says that showing people not cleared to see such documents is a more serious violation.

The Department of Justice has "evidence that even before Trump’s office received the subpoena in May, he had what some officials have dubbed a 'dress rehearsal' for moving government documents that he did not want to relinquish," the Post report said.

Ryan Goodman, former Department of Defense special counsel and NYU Law professor, agreed with Wheeler and cited 18 USC 793(e), which is about "willful retention," and 18 USC1519, which is obstruction.

He pointed out the Post report it was told "evidence showing that boxes of documents were moved into a storage area on June 2, just before senior Justice Department lawyer Jay Bratt arrived at Mar-a-Lago with agents."

"A second employee who helped Walt Nauta move boxes into (the) storage room a day before the FBI visit on June 3. The next day... 'the employee helped Nauta pack an SUV 'when former president Trump left for Bedminster,'" Goodman explained.

It's more than enough for obstruction, Goodman said. "Willfully disseminating to third parties is also easily distinguishable from [Mike] Pence, [Joe] Biden, other instances in which DOJ has declined to prosecute (e.g. Alberto Gonzales)."

He tweeted: "I expect this will result in Espionage Act charges. Dissemination is key."

Former US Attorney Harry Litman agreed with the others highlighting 793(e) saying it "makes disclosure of classified info a crime but evidence in WaPo story is far from well-developed and raises the issue of prosecutorial judgment whether Smith wants to now take on a whole separate charge. If so, he could really use an eyewitness to whom Trump disclosed."