Which is fine.
He can make the claim in court. But under Judge Dearie, when that specific question was asked - they refused to put the claim before a Judge.
Once he make the claim officially in court, then that opens up Federal prosecutors to do what is called "impeaching the witness" (not to be confused with Constitutional Impeachment - which Trump has already gone through - twice.)
If Trump makes the claim that he declassified the documents PRIOR to leaving office (because we all know he can't declassify items after leaving office), then the prosecution will bring out:
- Text showing Trump still directing that the documents be treated as classified,
- Emails showing Trump still directing that the documents be treated as classified,
- The will bring in a parade of staff, aids, counselors, etc. and have them testify under oath how Trump referred to the documents and how they were treated,
- They will show the documents themselves (probably in redacted form) showing the classification markings still on the documents because once documents are declassified those markings have to be removed,
- The will talk about the June 2022 federal subpoena requiring the FPOTUS to return classified documents and how he did return some and then address the fact that Trump never disagreed with the fact the Redweld of documents returned were classified and that if he had declassified the items then he should have challenged the subpoena. An action he didn't take therefore admitting the documents were still classified.
- Finally they will play audio of Trump himself referring to classified documents from June 2021 (after he left office) and how they were still secret and he couldn't declassify them now.
So...
..... ..... ..... Yes please.
..... ..... ..... ..... ..... ..... Please make the claim before a Judge in court.
WW