Eventually, the Justice Department obtained a grand jury subpoena for documents with classification markings remaining in Mr. Trump’s possession, and a lawyer for Mr. Trump turned over several more and told the department there were none left. But an August search by the F.B.I. found 103 more marked as classified — along with thousands of other official records.
The search warrant affidavit that the Justice Department submitted suggested that Mr. Trump was under investigation for obstruction, along with possible violations of the Espionage Act, which criminalizes the willful unauthorized retention of national security documents and failure “to deliver them on demand” to a government official entitled to take custody of them.
Still, whatever the legal questions, as a matter of political reality, the discovery will make the perception of the Justice Department potentially charging Mr. Trump over his handling of the documents…
