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We Need To Talk About the Espionage Act

The Lawfare Podcast

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The Role of Prosecutors in the Trump Case

The first type of controversial case is the intentional mishandling but there's no evidence of disclosure right so somebody brings home a lot of material and kind of hoards it. Putting that aside assuming we're talking about the carelessness like the Hillary Clinton situation that you were referencing. Someone doing it for convenience nothing really bad happens but they know they're not supposed to do it. So far as they have it at home or on their private server or what have you. In that situation I think it would fall within the act, although prosecutorial discretion reasonably comes into play and doesn't often lead to non-prescution. As to whether there's a first amendment issue there I don't really

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