Many defendants have pleaded guilty, rather than face trial, though not all have gone to prison. This month, a retired Air Force intelligence officer named Robert Birchum was sentenced to three years in prison after pleading guilty to keeping classified files at his home, his overseas officer’s quarters and a storage pod in his driveway. Elizabeth Jo Shirley pleaded guilty in 2020 to a willful retention count and was sentenced to eight years in prison. 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. Some of the other counts in the indictment, including conspiracy to obstruct justice, call for up to 20 years in prison. But beyond the retention, prosecutors have also identified multiple aggravating factors in Trump’s alleged conduct, accusing him of seeking to enlist others - including a lawyer and aides - to hide the records from investigators and showing off some to visitors. The Espionage Act offence is punishable by up to 10 years in prison, though it’s rare for first-time federal offenders to get close to the maximum. It’s also hard to know the extent to which other factors - including the logistical and political complications of jailing a former president - might play a role. How much prison time the former president could face in the event of a conviction is impossible to say, with such a decision ultimately up to the trial judge - in this case, a Trump appointee who has already demonstrated a willingness to rule in his favor. “They almost always are seeking jail time.” “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. Even many like Martin who have pleaded guilty and accepted responsibility have nonetheless been socked with yearslong prison sentences. The resolution of that case looms as an ominous guidepost for the legal jeopardy Trump could face as he confronts 37 felony counts - 31 under the same century-old Espionage Act statute used to prosecute Martin and other defendants alleged to have illegally retained classified documents. The former National Security Agency contractor didn’t contest the allegations, ultimately pleading guilty in 2019 and admitting his actions were “wrong, illegal and highly questionable.” But his expressions of contrition and guilty plea to a single count of willful retention of national defense information didn’t spare him the harsh punishment of nine years in prison. WASHINGTON (AP) - 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.
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