The Independent has learned that prosecutors are ready to ask grand jurors to approve an indictment against Mr. Trump for violating a portion of the US criminal code known as Section 793, which prohibits “gathering, transmitting or losing” any “information respecting the national defense”.
That section of US criminal law is written in a way that could encompass Mr. Trump’s conduct even if he was authorized 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 defense,” and “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” can be punished by as many as ten years in prison.
https://www.independent.co.uk/news/world/americas/us-politics/trump-indictment-espionage-prosecution-charges-b2353397.html