Obama created an executive order. It states that:
All records the President receives are subject to his control. (And to me, this means he controls ALL records from the moment he is President until the moment he is no longer President.
So, per Obama's E/O it can be shown that President Trump had a clear basis for believing he had the authority to possess copies of records stored at the DOD. (In spades because he is the Executive Officer and the CIC !!!!)
Therefore per Obama's E/O Trump cannot be charged with retaining records “without authorization,” “willfully,” and “knowingly,” because the Obama E/O gives control of all records to Trump. Smith's case just evaporated. Now the question is criminal culpability on the part of those who authorized the raid.
What poetic justice that would be: Trump gets off on the charges because of what Obama did in the EO!