I assume that is something the prosecutor will try to prove and Trump will try to argue that the statute does not apply to him. A court will have to sort that out, I guess.
RE: A court will have to sort that out, I guess.
So, why indict?
If the issue is about classification, then it has to go through the scrutiny of the courts. A dispute about a document and who owns them need not be a criminal case.
And also, my original question remains unanswered — doesn’t the very fact that the president takes a document OUT of the White House to his home AUTOMATICALLY declassify the document?
Many lawyers ( including many FReeper — just read the posts in this thread ) say so. If this is the case, Trump now holds NO CLASSIFIED DOCUMENTS.