RE: Well, Trump can try to make that argument, but I don’t think it will be successful.
The question the jury needs to consider first is this — What should be the *DEFAULT status of those documents in dispute* when they are at Mar-a-Lago? I can only see the following possibilities:
1) ALL DECLASSIFIED
2) ALL CLASSIFIED
3) SOME CLASSIFIED, SOME DECLASSIFIED
If #3, How is a jury to know which is which?
It doesn’t matter if the documents recovered were classified or not to the indictment.
All were declassified.
Besides, if he was just waving them around, as CNN wrote, then no one was able to read them, anyway.
Also, in any classified document, a confidential, secret or top-secret document, every paragraph is marked with its classification. I’ve seen entire documents in which only one paragraph was classified.
So, showing a document to someone doesn’t mean security has been breached.