18 U.S.C. 1924 – Unauthorized Removal and Retention of Classified Documents or Material
Section 1924 makes it a crime to knowingly remove classified documents with the intent to retain them in an unauthorized location. Trump has already admitted his intent to retain the documents and has even demanded they be given back. Good luck proving intent to retain for Biden or Pence. That their search was consensual demonstrates a lack of intent to retain.
18 U.S.C. 2071 – Concealment, Removal, or Mutilation Generally
Section 2071 makes it a crime to willfully and unlawfully remove a government record with the intent to conceal or destroy it or to conceal or destroy such documents already in one’s custody. Trump tried to conceal that he had the documents in the first place by having his lawyers sign an affidavit stating they searched Maralago and did not find any more government records. This doesnt require the documents be classified. Good luck proving Biden or Pence attempted to conceal considering they allowed the FBI to search their residence and didnt require a subpoena. Any documents Trump has recently turned over after the search likely wont bring a charge because they willingly turned in the documents when found.
18 U.S.C. 641, Section 2071 provides for criminal penalties against anyone who “steals, purloins, or knowingly converts to his use or the use of another” government property. Again, the relevant qualifier here is knowingly.
18 U.S.C. 1924, covers criminal liability for anyone who improperly possesses, disseminates or disposes of “information relating to the national defense. Subsection (d) concerns the willful delivery of the information to any person not entitled to receive it or the retention of the information and failure to return it to the United States when demanded.