Levin is referring to McCarthy
It excludes FOIA releasable documents. Also, Trump had COPIES of documents. The government has the originals in its possession. Trump had the authority to rip up these copies while he was President. If he could throw them in the garbage, he also had the authority to determine that the documents were no longer relevant to the national defense. They were presidential records and under the Sock Drawer case and others Trump had absolute authority as to how to dispose of the records.