Trump faces charges under Espionage Act, a 1917 law used to target whistleblowers. The law has been criticized for being too broad and for being used to silence dissent.
The Espionage Act has been used to go after traitors and spies. It has nothing to do with a former president legally keeping his own documents. As president, the law that applies to this case is not the Espionage Act, but, very simply, the Presidential Records Act, which is not even mentioned in this ridiculous 44-page indictment. Under the Presidential Records Act, which is civil, not criminal, I had every right to have these documents.
So, up until Trump, the Espionage Act has always been used as a sort of viewpoint discrimination-based law, because it’s an extremely broad law, right? I mean, under the letter of the Espionage Act, if I read inthat the CIA thought that Ukraine might bomb the Nord Stream pipeline, and I tweet that, I text that, I just talk about it to a barista, I’ve violated the Espionage Act, right? Your previous guest was mentioning the difference between Biden, Pence’s and Trump’s conduct, and I think...
And I do worry that some of the use of the Espionage Act, given that it’s historically a law of political repression, will sort of embolden Trump’s claims that he is being victimized by the deep state. But I really want to point out how nonsensical those claims are. It’s true that Trump does not enjoy the warm relations with the national security establishment that a Barack Obama or a Dick Cheney does.
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