18 U.S. Code § 798 - Disclosure of classified information: (a)Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
So if he had it, they need prove it was shared with someone, if not shared seems like no violation of this act occurred.




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