I did mention this in an earlier post. But I should have provided the information in this one as well. There may be other court filings involved, but the one I was referring to is the recent one regarding a special master. When something is not said is harder to prove than when something is said. To date, his lawyers have not mounted a defense based on those document classifications, in fact they have yet to mention classification or declassification in any court appearance since the warrant was executed.
Here's an interest tidbit. The absolute ability to classify or declassify documents at will only applies to the sitting President. If he wanted to and it were necessary, Biden could (re)classify all those documents in question. So far that hasn't been an issue because no one thus far has shown proof they were ever declassified.
Whether classified or not, it is the content of the documents, including the security risk involved that will be of most importance. Have you read the law violations invoked in the FBI warrant? 1. Section 793 of Title 18 of the U.S. Code (the Espionage Act) 2. Section 1519 -Sarbanes-Oxley Act (obstruction of justice). 3. Section 2071, criminalizes the theft or destruction of government documents (note whether classified or declassified the documents seized remain government documents).
Hope this answers your question.
Thanks. I don't think it matters.
This entire situation is FUBAR. This isn't a situation where someone improperly accessed classified information. Trump obviously had the right to possess whatever he wanted as president. He had the power to declassify anything. He maintains a security clearance after leaving office (i.e., he still has one now). He is provided either a SCIF or needs to have a secure location when possessing documents that are still classified after leaving office. His home is protected by the secret service. So what the heck is the problem?
This is absolutely politically motivated. The guy who started this hates Trump, thought 6 January was the worst day of his life

, and wanted to ensure he was replaced by a Democrat:
NARA then explained that upon learning of Clinton’s use of a non-governmental email account in March 2015, it “immediately acted In accordance with our regulations by sending a letter to the State Department, setting off the process described above.” Significantly, while noting that the use of the non-government email may result in a separate DOJ investigation, in the case of Clinton, “NARA has not Initiated an ‘Investigation’ of Secretary Clinton’s email practices; rather, as noted above, we have been communicating with the State Department on this matter, and are deferring to the State Department’s review (and any other agencies conducting Investigations).”
In contrast, in the case of Trump, NARA referred the matter of documents stamped “classified” to the DOJ, which promptly opened an investigation into Trump and used a grand jury to subpoena Trump and others.
Numerous public statements by Ferriero, who at the time of the referral to the DOJ served as the country’s archivist, suggest a partisan goal underlying the referral. First was Ferriero’s bizarre overreaction to “watching the Trumps leaving the White House and getting off in the helicopter” while someone was “carrying a white banker box.” “What the hell’s in that box?,” Ferriero claimed he asked himself.
Then there was Ferriero’s admission that he decided to retire at the end of April 2022 “because he is worried about the political future.” “It’s important to me, that this administration replace me,” Ferriero said, adding, “I’m concerned about what’s going to happen in 2024. I don’t want it left to … the unknowns of the presidential election.”
That’s quite a strange statement for an archivist to make, suggesting as it does that politics matter in the performance of his role.
Third, Ferriero’s comments during a post-retirement interview discussing Jan. 6, suggest he holds an anti-Trump bias. “On his office television, David S. Ferriero, the archivist of the United States, had watched outgoing President Donald Trump whip up the right-wing crowd near the White House,” the Post reported. Ferriero said he recalled watching “this angry mob … really angry, angry people” and thinking to himself, “if these people realize what’s in this building they’re passing, we’re at risk here.” The former archivist called January 6, 2021, “the worst day of his tenure as the keeper of the nation’s collective memory,” and “the worst day of my life” — “the absolute worst.”
It is not merely NARA’s referral to the DOJ and Ferriero’s apparent bias that suggests a political motive, however: It is the reality that even if the documents were classified, Trump has the right to access them and NARA could have worked with the former president to set up a secure location for his presidential papers, which is precisely what Ferriero and the NARA did with Barack Obama.
. . . .
Records Suggest A Backbench Bureaucrat’s Partisan Grievance Spurred The FBI’s Nakedly Political Raid On Trump
BY: MARGOT CLEVELAND
AUGUST 15, 2022
https://thefederalist.com/2022/08/15/from-bureaucrat-hack-to-grand-jury-witch-hunt-the-dojs-trump-raid-smells-like-spygate/