Whether the documents were classified or not doesn't prevent Trump from being charged. He stole official records from the White House when leaving office. That is a felony under the Presidential Records Act. It doesn't matter whether the documents were classifed. All documents belonging to the White House are covered by this law.
I respectfully disagree with this with this argument. I believe that this something that you read or heard somewhere. I do not believe that you are referring to the original source document that is the text of the presidential records act which is here:
Read it through and you will see that it has no criminal penalties at all. It does state that presidential records are the property of of the public and not the personal property of the president. Any prosecution of a former president or other official for stealing copies of documents would have to rely on the value of the stolen property in determining the level of crime. Boxes and boxes of printed paper would actually be less valuable than blank paper usable for printing. It's value would be whatever a recycling center would pay for it. Old paper has long been used in the making of new paper, so there is some value:
Make the leap that Trump actually "stole" a complete ton and the value is still under one hundred dollars, which does not amout to a felony in any state.
Taking paper out of the White House on the way out is "theft" in the same way a Postal worker "steals" by not emptying their pockets of government pens and paper clips before going home.
I believe that you misunderstand the purpose and spirit of the PRA. It was passed after Nixon to ensure that presidential records be recognized as property of the taxpayers, and are not wrongfully destroyed or taken to hide them, or wrongfully sold for their information. It is not intended to ensure that no departing president ever keeps a copy of any piece of paper generated in the White House.
Suppose Trump had invited his cronies to gloat over the fact that he released the transcript of his call to
Volodymyr Zelenskyy and sandbagged the Democrats who thought they could trash him based on false descriptions of it. Suppose he made copies of the transcripts, autographed them and gave them away. Of course that would not be a crime.
Also, Trump's claims that he declassifed the documents are worthless. Saying something was declassifed isn't enough. The law requires that a certain protocol is followed to make it official. The President has the authority to order a document be declassified, but if his staff does not follow proper procedure and change the classification markings on those documents, than those documents are still classified. The markings on the documents determine it's official status. Any documents found on Trump's property that were still marked as classified were still legally classified.
I disagree with this, but it has been hashed and rehashed, and the part in blue disproven many times.
Same with Biden. The documents he had were classified, since they were still marked as such. All that matters in his case is whether or not he intentionally kept them. The fact that they were still locked away in a secure office, instead of a unlocked broom closet like with Trump is a good start. If they can't prove that he knowingly kept them, negligence is the most they could charge him with, but I would highly doubt they would bother, it was his staff wo found and returned the documents.
Suffice to say, I don't think either Trump or Biden should or could be charged with a crime for being a former president or VP who took documents - classified or not - from the White House. Their is no credible evidence for the part in blue. Again, I think you are listening to or reading people say that, without seeing the evidence for yourself. Because their is none.
I blame Biden much more for hiding his Senatorial records in the wake of Tara Reade's accusation of sexual misconduct, which she claims would be backed up by the information that Biden is hidin'.