An intelligence source tells Fox News that FBI is now focused on whether there were violations of an Espionage Act subsection pertaining to “gross negligence” in the safekeeping of national defense information. It is a violation for the “lawful possession” of national defense information by a security clearance holder who “through gross negligence,” such as the use of an unsecure computer network, permits the material to be removed or abstracted from its proper, secure location. The section also requires the clearance holder to report any loss, theft or destruction to their superior. The penalty is a fine and/or no more than ten years in jail. The source also says that the FBI are investigating possible obstruction of justice:
If someone knows there is an ongoing investigation and takes action to impede an investigation, for example destruction of documents or threatening of witnesses, that could be a separate charge but still remain under a single case.