Yes, if Trump declassified them. That’s the legal argument being discussed.
So, did he declassify them?
Ability to declassify is not the same thing as actually declassifying.
I wish people stopped with this silly theory that since he was able to declassify, he was not in possession of classified documents.
If I walk away from a store with a pair of pants without paying, I am a thief, even if I have the ability to pay.