@Devildoc good read.
The one area I'm curious about from your article is,
"The supposedly confidential papers stolen from Trump’s safe are not subject to the Federal Records Act because they are copies of papers that exist in other places. And
by definition, if the President removes them from the White House to another place, they are no longer classified. His action, taken
before the new occupant was sworn in, was completely lawful. The act of removing them from a SCIF (Secure Compartmented Information Facility, e.g. the White House) by the only person lawfully empowered to do so, is not subject to prosecution."
Classified Information is weird and I don't feel like trying to figure out the layers that could be at play, though I'm inclined to agree with the above analysis based on practicality.
However, Bloomberg actually produced an
interesting article about this whole thing with a section that really stood out, bolding my own.
"Presidents do have ultimate decision-making power over the classification of documents, and Trump could theoretically have declassified any records he removed from the White House. Indeed, former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office.
There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.
But even if Trump was found to have declassified documents, he could still potentially be prosecuted for removing or destroying them. And Richard Painter, chief White House ethics lawyer under President George W. Bush, points out that declassification of documents for an improper purpose could be a crime in itself. “If he declassified documents in order to remove them and destroy them, he’s destroying evidence, and that’s obstruction of justice or obstruction of Congress,” Painter said."
Do I think that will stick? Probably not, but its not about the odds, its about the stakes. Clinton was impeached because he got his willy washed and then lied about it, not for the stuff he was being investigated for...so anything seems possible. If they went in because "classified documents" but found something else and a judge says it's admissible...wellllllll, who knows.