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.
But the question still is open — was it or was it not really classified?
I’m still unclear as to how a jury can know whether or not the document he said is classified is INDEED classified. Why? I want to know if what many FReepers and lawyers are saying is true :
THE FACT THAT TRUMP TOOK THEM MAKES THEM DECLASSIFIED BY DEFAULT.