A legal expert has confirmed that Sen. Adam Schiff could face two decades of federal prison time and get hit with a staggering $250,000 fine if he is found guilty of treason based on allegations from a whistleblower that he willfully leaked classified information to “damage” President Trump, which could be tantamount to treason in the eyes of the law.
For background, on August 12, 2025, conservative commentator Benny Johnson spoke to former U.S. Attorney Brett Tolman about the accusations of treason against Sen. Adam Schiff (D-CA), who allegedly leaked classified information in an effort to undermine President Trump. Shockingly, Tolman confirmed that if the senator were to be proven guilty, he could face a six-figure fine and decades of prison time.
Speaking to Johnson, Tolman asserted that in the eyes of the American people, Sen. Schiff had gone beyond the pale in allegedly leaking classified information related to the president. He explained, “Every American would say, ‘Yeah, absolutely, you shouldn’t leak classified information. We don’t want that to be something that you can do or get away with.'” He added, “Or if there’s a temptation to do that and get paid for it, then the penalties should be very severe.”
In response, Johnson asked Tolman to explain the possible penalties for Sen. Schiff’s alleged leaking of classified information. Tolman replied, “Yeah, I mean, the fine is up to $250,000 for every leak that’s charged.” The former U.S. attorney continued, “So, it depends on the counts in the indictment. Also, keep in mind, some of the punishment hinges on the purpose that the classified leak or the possession of classified documentation illegally.”
Explaining further, Tolman made an example out of former FBI Director James Comey, saying, “If you’ll recall, Comey, when he said, ‘No one, no prosecutor would prosecute Hillary Clinton for having classified information.'” Tolman clarified, “I mean, it was just an outright lie, but there was always this question, this debate, what was the purpose of it? Was it just sloppiness?”
Rounding out his point, the former U.S. attorney explained that the potential charges against Sen. Schiff would ultimately depend on his intent, adding, “I believe this was, in essence, the beginning of a conspiracy to take down a president, to impact his ability to lead.” Tolman concluded that Schiff most likely did not “satisfy the elements for treason, but there are some related crimes that could come into play.” He clarified that if Sen. Schiff was found guilty, he would be “looking at potential penalties of up to 20 years in federal prison.”
Notably, the accusations against Sen. Schiff stemmed from a Democrat whistleblower’s testimony alleging that Schiff approved leaking classified information to hurt President Trump’s reputation. According to the whistleblower, Sen. Schiff confirmed his intent to “leak classified information which was derogatory to President of the United States DONALD J. TRUMP.” Moreover, the whistleblower claimed, “SCHIFF stated the information would be used to indict President TRUMP.”
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In response to the whistleblower’s accusations, Sen. Schiff’s team dismissed the testimony as “absolutely and categorically false,” calling it “just the latest in a series of defamatory attacks from the President and his allies meant to distract from their plummeting poll numbers and the Epstein files scandal.”
Watch Johnson interview Tolman:
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