Prosecutors working for special counsel Jack Smith have been presenting the grand jury with evidence and witness testimony for months, but activity appeared to have slowed in recent weeks based on observations at the courthouse and sources.

It’s unclear whether prosecutors are prepared to seek an indictment at this point. The Justice Department would not comment on the status of the investigation.

According to reporting from NBC News and other outlets, prosecutors face two central legal questions: 1) Did Trump wrongfully retain classified documents after he left the White House? 2) Did he later obstruct the government’s efforts to retrieve them? (snip)

Prosecutors cited the Espionage Act, which conjures up an image of someone acting as a spy for a foreign country. But the statute, enacted after World War I, is broader. It criminalizes anyone with "unauthorized possession" of "national defense" material who "willfully" retains it. A string of court decisions has concluded that even if a document isn’t technically "classified," someone can be charged under the law, so long as the information is "closely held" and the information would be useful to U.S. adversaries.