If Trump is accused of waving a document in the air and saying he could have declassified it but can’t now that he is not President... would they not have to show the court the document Trump was waving around to prove it was, in fact, a classified document?
Yes
I just listened to Pres Trump say after his court visit that the Presidential Records Act gives him “unconstrained” choice on what he keeps. Does The PRA even say everything must be declassified? I never checked. Unconstrained would mean that it doesn’t have to be declassified.