RE: To establish intent - that knowing the documents he had were still classified, he knowingly shared them with people not authorized to have access to them.
Again this begs the question:
1. Who or what tells us whether or not a document has or has not been declassified?
2. To whom did he share it with and to what extent did they know the contents of a document? He might have just waved a folder and said “it’s classified here”
Actually, to show intent does not require a showing that the documents were actually still classified. They just need to show that he believed they were and that he shared the information anyway. Remember, he was not charged with sharing classified data, so they don’t have to prove whether the document was classified or not as regards to the tape. It goes to showing his state of mind.