How much prison time could Trump face? Past cases brought steep punishment for document hoarders

WASHINGTON — 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. Unlike former President Donald Trump, 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. “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. “They almost always are seeking jail time.” 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. Still, “I think that it might very well be that Jack Smith welcomes a Florida jury because if there is a conviction, it will be much harder to say, ‘Well, that jury was somehow anti-Trump,’” said Stephen Saltzburg, a George Washington University law school professor and former Justice Department official.