It does not matter. He should be punished with life in prison for having the documents still marked with classification markings, even if they were declassified. In fact, his whole family should be imprisoned, including the kids! All his property should be confiscated. And the little garden at Mar-a-Lago should be plowed under and salted!
I would say more, a lot more, but it is time for me to head over to my county Democratic party meeting. I'm a precinct chairman there and we do have to meet our responsibilities!