Presidential Records Act v. Espionage Act
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You make this seem like it happens on the fly. Presidents still have to follow laws and executive orders.
Which means they'll be evidence of if certain things happened or there won't be. It's not a constitutional argument.
It's an argument of did this happen before he left the presidency or not.
The indictment alleges at all 31 documents are classified to this day.
Also Trump's lawyers do not think the sock drawer case applies here.
Only where laws and executive orders apply to them. If there is no legal procedure which concerns the de-classification of documents, then it stands to reason that the President only needs to give the order, which has been proven to be done for at least some of the documents that were seized.
I would think the grand jury would have included testimony on classification.