Merrick Garland should request that Joe Biden "re-classify" all the documents from MAL.

[kentuck]

As a civilian, Donald Trump would have no claim to any documents taken from the White House. None.

New Presidents usually extend security clearance to previous presidents. Joe Biden did not do that with Trump.

Re-classifying the documents would serve a couple of purposes. If new documents were discovered in the possession of Donald Trump, he would automatically be in possession of "classified" documents. That would be against the law.

Also, it would remove any legal argument Trump might try to make if he took it to court to try and maintain possession.

However, it is worth noting that once Trump left the White House, with no security clearance, he was in violation of the law by having any classified documents in his possession. He was in violation of the law from January 20th, 2021.

[hlthe2b]

1. there is likely zero evidence any of those docs were declassified to begin with...

There is a process. Further, apparently, Stephen Miller all but admitted they were not declassified when he quickly pushed Laura Ingraham off that point and said that that was not the issue. Someone posted on this earlier--sorry I don't have the link.

[AkFemDem]

2. It doesn't matter.

The whole classification system is moot to the core issue here- The Presidential Records Act doesn’t apply archival rules only to “classified” documents. No need to play games with the doc classifications now. In court it’ll come down to “were these personal documents or were they presidential records, not whether Trump had declassified them before he left the WH or not.

[tableturner]

4. But if they were still classified it would be a much more serious offense.

[AkFemDem]

6. Possibly but if Biden reclassifies it NOW

That doesn’t mean Trump “stole” classified documents. It means documents the feds now have are once again classified. It also doesn’t let Trump off the hook, if he’s found in possession of presidential (non-personal) documents.

[Chainfire]

3. I see Trump's coming defense as being like the bank robber

caught after a high-speed chase from the scene. Upon being apprehended claiming that they had the money back now, so, no harm no foul, so you should let me go.

Whether the documents were or were not classified, they did not belong to Trump; he stole them, he had possession of them and he is a thief, caught in the act. If any of the documents were classified, that just adds another layer of criminality to the theft.

The test to my claim is to imagine what would happen to me if I took documents, classified or not, from a file cabinet in the White House, took them to my home and hid them in my safe. I guarantee you that when the FBI recovered the documents from my home, I would be in silver bracelets, getting a ride in a police car, a new color portrait and new set of clothes.

We can not have a separate system of judgement for plumbers and presidents.

[Maeve]

5. Your last paragraph says it all---NO right to classified docs. Eom

[getagrip_already]

7. It doesn't take biden......

The doj, by notifying trump that the materials "are" classified per their headers, effectively reclassified them.

The crime is being notified you are in possession of government property, some of which is highly classified", and refusing to turn them over.

The doj has the authority to classify data. It doesn't take biden. It was done when they told him to turn it over.

They did a formal spill review on the docs in February. That seals the deal.

[Laura PourMeADrink]

8. What we don't know yet...in what form did DOJ inform/request

The docs to begin with? Surely they were brushed off multiple times already