> This is why they can't prosecute trump for the files at Mara-lago, besides the (very reaosnable) argument that he was the president so be definition anything he takes home should be deemed unclassified, Comey set the precedent of intent so if they cant prove intent they cant prosecute.
According to most legal experts I've heard from that's not actually the case. Declassification is a process that must be gone through and it's not just an "at-will" activity[1]. I also believe that, if charges do come about, it will be an attempt to prove that the documents Trump hid were repeatedly and willfully withheld, which, given his unwillingness to work with and repeated lying to the government, does seem to be the case. Again, intent.
[1] The American Bar Association: "In all cases, however, a formal procedure is required so governmental agencies know with certainty what has been declassified and decisions memorialized. A federal appeals court in a 2020 Freedom of Information Act case, New York Times v. CIA, underscored that point: “Declassification cannot occur unless designated officials follow specified procedures,” the court said."
https://www.americanbar.org/news/abanews/aba-news-archives/2...
