Please find for me the penalty for a president failing to give over non-personal records to the National Archives. Also find for me who is the final arbitrator of what will be regarded as such when there is any dispute. I am unable to find a time limit for settling disputes about records.
This should have remained a civil matter. Only an extremely dishonest DOJ would morph a dispute over the Presidential Records Act into accusations under the Espionage Act.
My understanding, that most here would probably agree with, is that if they are not classified, it would be a violation of the Presidential Records Act, which is apparently a civil charge, that would be tried in a civil court, as was one case against Bill Clinton. At least that seems to be everyone's understanding, best I can tell. Being a civil case, I assume the damages would be based on the value of the property in question. In this case, however, the charges are criminal charges, based on classified information mishandling, which the PRA doesn't address. There is no telling how it will ultimately play out.