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The DOJ considers charging Trump with breaking three federal laws

Donald Trump, Devin Nunes
FILE – President Donald Trump speaks during a ceremony to sign a “Presidential Memorandum Promoting the Reliable Supply and Delivery of Water in the West,” Oct. 19, 2018, in Scottsdale, Ariz. Standing behind the president is Rep. Devin Nunes, R-Calif. Nunes is leaving the House at the end of this year to lead former President Donald Trump’s effort to launch a social media platform intended to rival Twitter. A statement from the Trump Media & Technology group said Nunes would serve as chief executive officer, beginning in January 2022. The company is preparing to launch as social media platform intended to rival Twitter, which blocked Trump’s account in January following the deadly storming of the U.S. Capitol. (AP Photo/Carolyn Kaster, File)

(WASHINGTON D.C.) —  So if Democrats decide to charge former President Donald Trump with a crime, what charges could the Department of Justice bring?

The warrant signed by U.S. Magistrate Judge Bruce Reinhart of the Southern District of Florida gave prosecutors the right to seize records containing evidence in violation of three federal laws, 18 USC 7932071 and 1519.

Many of the documents seized from Mar-a-Lago by 30 FBI were classified, according to the DOJ so those three laws would apply because they deal with the mishandling of federal government records regardless of whether or not they are classified.

Law 793 prevents unauthorized possession of national defense information, without mentioning whether the records are classified or not. It is punishable by up to 10 years in prison for each infraction.

That law was initially passed under the 1917 Espionage Act, which predates the statutory classification system.

The other laws, 2071 and 1519, make it illegal to conceal or destroy official US documents. They are punishable by up to three and 20 years in prison, respectively. Neither law requires the information in question to be classified.

Federal law also makes it illegal to intentionally take classified documents to an unauthorized location, but that law was not among the three cited in the search warrant.

Ironically, President Donald Trump himself signed a change in law in 2018 making it a felony to mishandle classified documents and increasing the maximum prison term for individuals convicted of such from one to five years after criticizing Democratic presidential candidate Hillary Clinton for using a private email server to handle sensitive information while she was secretary of state.
Hillary Clinton, Donald Trump
Republican presidential candidate Donald Trump, right, shakes hands with Democratic presidential candidate Hillary Clinton, left, at the conclusion of the 71st annual Alfred E. Smith Memorial Foundation Dinner, a charity gala organized by the Archdiocese of New York, Thursday, Oct. 20, 2016, at the Waldorf Astoria hotel in New York. (AP Photo/Andrew Harnik)