I'll let former National Archives litigation director Jason Baron, who is now a professor at the University of Maryland form my reply.
Baron has told interviewers that there are clear distinctions between the audiotapes at issue in the Clinton case and the classified records in the Trump criminal case.
The Clinton tapes, Baron said, “were in the nature of a diary or journal in recorded form,” fitting the definition of a personal record in the Presidential Records Act. But the documents with classified markings that were seized from Mar-a-Lago, Baron said, “were official government records that should never have been transferred out of the government's hands.”
Moreover, the question of whether the documents were personal or presidential records is beside the point in a case involving the Espionage Act, like the one against Trump.
Whether as a presidential record or a personal record, the records at issue in this indictment still have classification markings and contain information relating to the national defense.
