We know that he did, by his own admission. This year, a number of boxes of material were turned over to the National Archives. Included in that material were some that were classified. On Monday, the FBI removed another dozen boxes, with speculation rampant that more of that material was similarly restricted.
If Trump is found to have violated federal law in removing and retaining classified documents without authorization, he could be convicted of a felony punishable by five years in prison. And that conviction would be a felony carrying that punishment because of a law signed by President Donald Trump.
Trump’s 2016 campaign was intertwined with a similar question. His Democratic opponent, former secretary of state Hillary Clinton, had been found to have operated a private email server that she used for official business — including, the FBI determined, some that was classified. Trump and his allies pushed for Clinton to face criminal charges but in July 2016, FBI Director James B. Comey announced that the FBI wouldn’t seek an indictment. Trump was furious, but he won anyway.
During his first year in office, a central tool used for surveillance by the intelligence community — Section 702 of the FISA Amendments Act — was set to expire. Shortly before it did, Congress passed an extension of the authority for another five years.
But that didn’t come without turmoil. Trump came into office angry at the intelligence community for revealing to reporters that it believed Russia had interfered in the 2016 election. He excoriated intelligence agencies on Twitter — and continued to do so as the contours of the investigation into that interference became clear.
On the day that the House was set to vote on the reauthorization, Trump complained on Twitter:
“House votes on controversial FISA ACT today.” This is the act that may have been used, with the help of the discredited and phony Dossier, to so badly surveil and abuse the Trump Campaign by the previous administration and others?
(That initial phrase is in quotes because Trump, characteristically, was responding to something he saw on Fox News.)
The tweet freaked out advocates of the extension. A few hours later, he tweeted his support and it passed. On Jan. 18, 2018, he signed it into law.
What became law was S. 139. It had been introduced by Sen. Orrin G. Hatch (R-Utah) as the Rapid DNA Act of 2017. But sometimes Congress hollows out existing legislation and replaces it entirely with other legislation to move the process forward more quickly. So S. 139 was replaced with H.R. 4478, which extended Section 702 for another five years.
It also had a stipulation editing 18 U.S. Code §1924. It originally read:
Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
With Trump’s signing S. 139 into law, that became: “ … shall be fined under this title or imprisoned for not more than five years, or both.” And with that, it became a felony.
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Read More: Citizen Trump may have broken a law that President Trump made a felony
