Mr Trump for violating a portion of the US criminal code known as Section 793, which prohibits “gathering, tr@nsmitting or losing” any “information respecting the national defence”.
The use of Section 793, which does not make reference to classified information, is understood to be a strategic decision by prosecutors that has been made to short-circuit Mr Trump’s ability to claim that he used his authority as president to declassify documents he removed from the White House and kept at his Palm Beach, Florida property long after his term expired on 20 January 2021.
That section of US criminal law is written in a way that could encompa$s Mr Trump’s conduct even if he was authorised to possess the information as president because it states that anyone who “lawfully having possession of, access to, control over, or being entrusted with any document ...relating to the national defence,” and “willfully communicates, delivers, tr@nsmits or causes to be communicated, delivered, or tr@nsmitted or attempts to communicate, deliver, tr@nsmit or cause to be communicated, delivered or tr@nsmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it” can be punished by as many as 10 years in prison.
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