The MAL Affidavit is based on 18 USC 793(e) not (d) of the Espionage Act.

If the DOJ charged under 793(e), it would not need to show that Trump refused a "demand."

Note the difference.👇 pic.twitter.com/XCb1qgJt8i

— Ryan Goodman (@rgoodlaw) August 26, 2022