Trump search warrant cites statutes that carry possible multiyear prison sentences

An armed Secret Service agent stands outside an entrance to former President Donald Trump’s Mar-a-Lago estate, Monday, Aug. 8, 2022, in Palm Beach, Fla.

Some of the statutes used to justify the seizure of boxes and documents from the property were marked as top secret.

All physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. 793, 2071, or 1519.

• 18 U.S.C. §§ 793: Gathering, transmitting or losing defense information, which carries a penalty of up to 10 years in prison.
• 18 U.S.C. §§ 2071: Concealment, removal, or mutilation generally, which carries a penalty of up to three years in prison and disqualification from holding office (more on this below).
• 18 U.S.C. §§ 1519: Destruction, alteration, or falsification of records in Federal investigations and bankruptcy, which carries a penalty of up to 20 years in prison.

FBI agents searched Trump's home and club in Florida. According to the former president's attorneys, the president declassified the material before he left office.

It is not known if Trump will be charged with a crime. He compared the situation to a witch hunt and criticized previous investigations.

The search warrant is blacked out here.

Legal experts say it is unlikely that Trump would be banned from running for president again if he were found guilty of violating the law.

The qualifications for the presidency are in the constitution. The search for a weird trick to get Donald Trump out of politics will have to continue, according to a Washington Post legal columnist.

Willick was responding to a man who has been with the Democratic Party for a long time. I am aware of the legal challenge that application of this law to a president would cause. In my opinion, the idea that a candidate would have to litigate this is a roadblock in American politics.

The statutes cited by the FBI may or may not lead to Trump's prosecution.

Reality Winner went to jail for five years for leaking one document in violation of 18 USC 793, which was listed on the warrant to raid Trump's Florida. The winner pleaded guilty to leaking intel on Russian election interference. She was released from prison in 2021.

John Coffee is a professor at Columbia Law School. They could have a stronger case when it comes to the pro- Trump riot on Capitol Hill.

Coffee said in an email to CNBC that he thinks the charges will be for January 6th. The January 6 case looks more like a coup d'etat, treason or sedition than the offenses you cited to me.

In an email to CNBC, Charles Elson, a veteran attorney who specializes in corporate law, said he wasn't sure if the FBI would be able to prosecute and convict Trump.

Unless someone is selling classified information for profit, it would seem quite a stretch to prosecute a former president criminally and get a conviction under these statues. It's a very dangerous precedent in our democracy.

Randy Zelin, an attorney who specialized in a wide range of legal disputes, told CNBC in an email that it would be difficult to prove intent in a case like this. He said that proof of intend would require proof of some communication.