While it is clear from today’s Washington Post report that President Trump revealed classified information to the Russian foreign minister, the path to prosecuting him for that breach may be complex, according to Dan Abrams, chief legal affairs anchor for ABC News
The fact the information is classified may not be enough. Abrams quotes national security law expert Bradley Moss who says that under the Espionage Act, Trump as president has the power to declare any information that comes to him as no longer classified.
Where Trump could be liable, however, Moss told Abrams for his blog Law Newz: “If it is viewed as tied to alleged collusion with the Russian Government, there is a legitimate argument that could be made for it.”
So to prosecute Trump for disclosing the classified information, it will need to be tied to evidence in the larger investigation into the Trump-Russia campaign interference scandal, which would show there was “collusion.”
So while Trump may not face an immediate liability for his loose lips, what he told the Russians could still become a reason to impeach him as part of a larger case.