I don't doubt that Trump had documents that may have classified at one time or might even still be classified. But if he argues he declassified them, it will be hard to prove he did not and if they prove that, it will be hard to assert acting differently than they did with Hillary.

Trump may well be President again before this case resolves itself in the courts. At which point, it becomes mute.

The FBI and DOJ have already admitted they violated various statutes looking at the documents before a master had sorted them and they seized documents they were not entitled to. All of this points to the fact that they were not sure what they were looking for. And it presents Trump with a whole slew of additional defenses.

This is beginning to look like the Keystone Cops.