Presidential Records Act v. Espionage Act
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A good summary of the issue. Basically in addition to mere retention, the government would need to allege and prove that the former President intended to cause "injury to the United States or aid to a foreign nation result from the disclosures."
He's charge with willful retention of national defense information. That's the bulk of the charges 31 counts.
Not disclosure. The Espionage Act details many different crimes..... .I forgot he is charged with two instances of disclosure.
But willfull retention is a separate crime
What did Peteaus plead guilty to? That probably applies
Petreaus plead guilty to a differen law. Trump is not charged with this
https://www.law.cornell.edu/uscode/text/18/1924