"Based on the documents I’ve read and his actions that I’ve read about, I believe that Trump viewed his “boxes” as his Personal Records under the PRA. There are statements he made, quoted in the Indictment, that support that view. If Trump considered the contents of these boxes to be of purely personal interest, hence his designation of them as Personal Records, did he knowingly retain NDI?
Did he really think these documents, like years old briefing notes and random maps, jumbled together with his letters, news clippings, scribbled notes, and random miscellaneous items, “could be used to the injury of the United States”? Or did he just think of them as mementos of his time in office, his Personal Records of the four years, akin to a journal or diary?
If he thought these boxes were his Personal Records, he may have believed that NARA simply had no right to receive them at all. Meaning that he did not willfully withhold anything from an official he knew had the right to receive them. Because he didn’t believe that anyone had the right to receive them.
By breathlessly bandying around classification levels and markings, the Special Counsel is trying to make this case seem much, much simpler than it is. Classification levels do not automatically make something NDI, and having classified documents in your possession is not enough to convict here.
This is not a matter of
[Classified Documents]+[Mar a Lago bathroom]=Conviction.
That’s what they want you to think, and that’s the media’s inch deep view, typically, but it’s dead wrong.
More than anything, this case hinges on the ability of the Special Counsel to prove *beyond a reasonable doubt* aspects of Trump’s state of mind that will be extremely difficult to prove in this case because of his obligations and rights under the Presidential Records Act. In addition to all of the usual issues."