THREAD: As explained on @foxnewsnight w/ @ShannonBream, there is probable cause @Comey committed CRIMINAL ESPIONAGE against Trump when he leaked #ComeyMemos. The law punishes espionage w/ a 10 year federal prison sentence & can be found at 18 USC 793(f). https://www.law.cornell.edu/uscode/text/18/793 …

Contrary to what you may hear, a person can be convicted of CRIMINAL ESPIONAGE even if they do not leak classified material & even if they only remove, but do not share, national security information. Criminal Espionage laws were written before we had a classification system.

2/ Contrary to what you may hear, a person can be convicted of CRIMINAL ESPIONAGE even if they do not leak classified material & even if they only remove, but do not share, national security information. Criminal Espionage laws were written before we had a classification system.

— Robert Barnes (@Barnes_Law) April 24, 2018

3/ Criminal Espionage only requires proof that a person entrusted w/ “national defense related” information remove that information from its proper place or disclose that information to an unauthorized person in either an intentional act or because of their “gross negligence.”

3/ Criminal Espionage only requires proof that a person entrusted w/ “national defense related” information remove that information from its proper place or disclose that information to an unauthorized person in either an intentional act or because of their “gross negligence.”

— Robert Barnes (@Barnes_Law) April 24, 2018

4/ The courts have defined “national defense related” information very broadly in the seminal Supreme Court case of Gorin v. United States, effectively deferring to the judgment of the jury as to what constitutes national defense related information.

4/ The courts have defined “national defense related” information very broadly in the seminal Supreme Court case of Gorin v. United States, effectively deferring to the judgment of the jury as to what constitutes “national defense related” information. https://t.co/tmitUc1Jzk

— Robert Barnes (@Barnes_Law) April 24, 2018

5/ Some courts limited the Criminal Espionage statute to information which is “potentially dangerous” to disclose to national security and “closely held” information. That same court also said the information did not have to ever be classified for it to be a crime to disclose it.

5/ Some courts limited the Criminal Espionage statute to information which is “potentially dangerous” to disclose to national security and “closely held” information. That same court also said the information did not have to ever be classified for it to be a crime to disclose it.

— Robert Barnes (@Barnes_Law) April 24, 2018

6/ Here is the key: In order for @Comey to ever classify #ComeyMemos as either “confidential” or “secret,” he admitted the memos were government proprietary information, related to national security, & the disclosure of which was “reasonably expected” to hurt national security.

6/ Here is the key: In order for @Comey to ever classify #ComeyMemos as either “confidential” or “secret,” he admitted the memos were government proprietary information, related to national security, & the disclosure of which was “reasonably expected” to hurt national security.

— Robert Barnes (@Barnes_Law) April 24, 2018

7/ Now add in: Classified Information NDA @Comey signed to be FBI Director, his sophisticated longtime use of classified information, his admission that information did not have to be marked classified in the Hillary press conference, and his record prosecuting whistleblowers.

7/ Now add in: Classified Information NDA @Comey signed to be FBI Director, his sophisticated longtime use of classified information, his admission that information did not have to be marked classified in the Hillary press conference, and his record prosecuting whistleblowers.

— Robert Barnes (@Barnes_Law) April 24, 2018

8/ Adds up to one thing: there is probable cause that James @Comey committed CRIMINAL ESPIONAGE when he removed the #ComeyMemos from FBI exclusive control & custody after his firing (the first crime) & then gave them to an unauthorized person (the 2nd crime). #MultipleFelonies

8/ Adds up to one thing: there is probable cause that James @Comey committed CRIMINAL ESPIONAGE when he removed the #ComeyMemos from FBI exclusive control & custody after his firing (the first crime) & then gave them to an unauthorized person (the 2nd crime). #MultipleFelonies

— Robert Barnes (@Barnes_Law) April 24, 2018