How Jack Smith Turned the ‘Ancient and Seldom-Enforced’ Espionage Act Against Trump

The law, long the bane of liberals, will now be used to prosecute a conservative president.

AP/Alex Brandon
Special Counsel Jack Smith on June 9, 2023, at Washington. AP/Alex Brandon

Of the 37 counts leveled at President Trump in Special Counsel Jack Smith’s indictment, 31 of them relate to the Espionage Act, telegraphing that the case against Mr. Trump is likely to double as a turn in the spotlight for a law that many dissidents and radicals have loathed for more than a century. Now, if a jury determines that Mr. Trump acted crosswise with its provisions, he could go to prison.  

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