I don't think a claim under the Espionage Act that involved unclassified materials would be brought, and if it was, it would be shot down very quickly under the First Amendment. It doesn't sound like the Espionage Act is really on the table because there isn't a claim that he actually did disclose them to anyone else.Well, it's one of the statutes they cited in getting the warrant and it doesn't rely on classification or disclosure. Posession and/or retention is enough.
"The Espionage Act does not define national defense information, but courts have elaborated on its meaning. In a 1941 decision, Gorin v. United States, the Supreme Court agreed with the interpretation that national defense is a “generic concept of broad connotations, relating to the military and naval establishments and the related activities of national preparedness.” Lower courts have since stated that, to qualify as national defense information, the information must be “closely held” and its disclosure “potentially damaging” to the United States or useful to its adversaries. Those accused of violating the Congressional Research Service 3 Espionage Act have argued that the statute is unconstitutionally vague because it does not provide sufficiently clear standards for people of common intelligence to determine whether information in their possession qualifies as national defense information. In Gorin, however, the Supreme Court concluded that the statute’s state-of-mind (or mens rea) requirements had a delimiting effect that gave what was otherwise potentially problematic language enough definitiveness to pass constitutional muster.Section 793 is divided into several subsections with technical and legal distinctions. The affidavit supporting the warrant focuses on subsection (e), which applies when an individual is in unauthorized possession of certain national defense information. Section 793(e) creates penalties for willfully disclosing or attempting to disclose that information. It also prohibits willfully retaining national defense information and failing to deliver it to the proper official."
I think getting an indictment against Trump using this would be a stretch but my larger point is the whole classification discussion is a bit of a red herring.
None of the potential crimes used to get the warrant required classification.
My other point is for Trump to declassify sensitive material just so he could legally take it home, even if it threatened national security, would be pretty weak.