A key provision of the Espionage Act applies to anyone who “willfully retains” classified information—and refuses to return it.
including any “document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note” that “could be used to the injury of the United States or to the advantage of any foreign nation.”According to one section of the act, it is illegal to transmit the information not only to a foreign agent but to “any person not entitled to receive it.
More to the point, several of the documents he hoarded were very highly classified—some of them, among the most highly classified in the federal government. The special prosecutor who filed the indictment had no obligation to do so, but, for each of the 31 counts under the Espionage Act, he not only described the nature of the documents involved but also cited the level of classification.
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