Former Federal Bureau of Investigation (FBI) agent Kendra Kingsbury was sentenced to 46 months in prison on Wednesday after pleading guilty to two counts of willful retention of classified documents.
Her crimes mirror 31 of the 37 counts that former president Donald Trump faces in respect to the classified documents case. Trump, who was indicted earlier this month and arraigned last Tuesday, is facing 37 counts ranging from willful retention of classified documents to obstruction in connection with the DOJ's investigation into his handling of classified documents after leaving office. He is the first former president to face federal charges in United States history.
The indictment, which was brought by DOJ special counsel Jack Smith, accuses Trump of mishandling sensitive presidential records and obstructing government efforts to retrieve them. Trump has maintained his innocence, accusing federal prosecutors of investigating him for political reasons.
During the sentencing hearing, U.S. District Judge Stephen Bough condemned Kingsbury for keeping classified documents at her home, the same charge that Trump is accused of.
"I cannot fathom why you would jeopardize our nation by leaving these documents in your bathtub," Bough said, according to a tweet from The Daily Beast investigative reporter Jose Pagliery.
— Jose Pagliery (@Jose_Pagliery) June 21, 2023"I cannot fathom why you would jeopardize our nation by leaving these documents in your bathtub," judge says.
Something tells me we're going to quote this guy a year from now in the Southern District of Florida.
Kingsbury's sentencing could be some insight into what Trump may face if found guilty of the federal charges against him, as Pagliery tweeted that one of the prosecutors on Kingsbury's case is now working with Smith's team in in the prosecution against Trump.
At Kingsbury's sentencing, Bough erred on the side of the prosecutors, who asked for a sentence of just shy of five years. The sentence of 46 months is much less than the maximum sentence for the crimes, which is 10 years in prison and a $250,000 fine.
Kingsbury's legal team was seeking probation.
A look inside Kingsbury's crimes
Kingsbury worked for the Kansas City FBI office as an analyst from 2004 to December 2017. She held top secret security clearance and had access to national defense and classified information, according to a press release from the Department of Justice (DOJ).
Kingsbury was prohibited from bringing the classified information to her home but pleaded guilty in 2022 after admitting that she repeatedly removed "sensitive government materials" from the FBI and kept them at her home, including classified documents related to national defense.
The press release said that Kingsbury unlawfully and willfully retained 386 classified documents. The FBI also found more than 300 documents with classified markings at Trump's Mar-a-Lago resort.
However, what was in the documents Kingsbury retained is unclear, as she asked the FBI to destroy her computer. She also admitted that she "may have" had a top-secret document at home, which she destroyed by soaking in water, tearing up and then flushing it down a drain.
How Kingsbury's case compares to Trump's
Pagliery pointed out similarities in the case, such as the improper storage or destruction of classified documents and the location where the documents were kept. Both Kingsbury and Trump kept documents in or near a bathroom.
Despite the similarities between the two cases, former federal prosecutor Michael McAuliffe told Newsweek that there are several key differences between the two cases.
McAuliffe said that Kingsbury's mere possession of the documents in an improper way warranted federal prosecution. However, many of the documents in Kingsbury's possession were in electronic format, and she was not accused of using the materials to harm national security or charged with obstruction of justice. Print documents were discovered at Trump's residence, and the former president also faces an obstruction charge.
"A relatively low level FBI employee's case isn't a meaningful parallel to charging the former president with the same crime," McAuliffe said. "One could argue that Trump is actually more culpable because he was the key national security policy maker and user of the most sensitive information in the government's possession.
"Unlike Kingsbury, the allegations are that he proactively obstructed the government's attempts to retrieve the materials," McAuliffe added. "The direct and repeated obstruction, if and when proven in court, is a significant aggravator in Trump's case. It is likely the primary reason he was indicted."
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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