or misuse of classified info. However, 18 U.S. Code § 1924 seems to a key one governing mere possession and retention.

I have pasted it in below (it's also at the link). As paragraph (a) states, It is a crime when an officer, employee or contractor of the US "knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location"

Note that intent seems to matter when it comes to removal and retention. Intent probably does not matter when it comes to disclosure or misuse, though I have not checked.

Here is another source on the laws governing classified materials (see section 6):
https://www.lawfareblog.com/law-classified-information-primer
There are several, but most (other than 18 USC § 1924) seem to deal with disclosure or misuse -- or with defining what is classified. Any attorneys with in-depth knowledge of this?

At face value, it seems intent matters a lot in the three cases being discussed (Trump, Biden, and Pence). Adverse intent seems clear in only one.


18 USC § 1924
(a)Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.

(b)For purposes of this section, the provision of documents and materials to the Congress shall not constitute an offense under subsection (a).

(c)In this section, the term “classified information of the United States” means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.
[Post edited by TomGlansAski at 01/24/2023 7:27PM]