How much prison time could Donald Trump be facing?

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How much prison time could Donald Trump be facing?
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Robert Kelner, a Washington criminal defense lawyer, said while an outright acquittal seems unlikely given the volume of evidence, a pathway for a mistrial exists if Trump attorneys can persuade ev…

WASHINGTON — The FBI investigators who searched Harold Martin’s Maryland property in the fall of 2016 found classified documents — including material at the top secret level — strewn about his home, car and storage shed.

“When they decide to pursue a willful mishandling case, it’s to send a message: that we take these cases very seriously,” said Michael Zweiback, a defense lawyer and former Justice Department prosecutor. “They almost always are seeking jail time.” Justice Department prosecutors in recent years have used the Espionage Act provision against a variety of defendants, including a West Virginia woman who retained an NSA document related to a foreign government’s military and political issues. Elizabeth Jo Shirley pleaded guilty in 2020 to a willful retention count and was sentenced to eight years in prison.

A three-judge panel of the U.S. Court of Appeals for the 11th Circuit unanimously overturned her ruling, which was widely criticized by legal experts as extraordinary and unusually broad. Still, “I think that it might very well be that Jack Smith welcomes a Florida jury because if there is a conviction, it will be much harder to say, ‘Well, that jury was somehow anti-Trump,'” said Stephen Saltzburg, a George Washington University law school professor and former Justice Department official.

“The theme of the defense can be riddled with suggestions of unfairness and selective prosecution — basically trying to convince a jury that even if the former president did what the government says he did, none of this should have ever ended up in a criminal prosecution,” said Robert Mintz, a defense attorney and former Justice Department prosecutor.

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