Trump’s attorneys are believed to be planning to argue that the 76-year-old was given very “broad powers” as President of the United States that would have entitled him to “keep” or “declassify” documents as he saw fit.
However, Section 793 states that the rule applies even to those who “lawfully” have the “possession of, access to, control over, or being entrusted with any document” related to the national defence who then “willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted 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.”
Section 793 further clarifies that those found in violation of the law may face up to 10 years in prison.