The National Archives has confirmed that Donald Trump took classified items to his home in Mar-a-Lago and the agency has referred the matter to the Biden Justice Department. Under federal law, classified documents cannot be sent to unauthorized locations and Trump appears to have done this. The former president, however, could argue that he had the ultimate authority over what got declassified, so it would have been acceptable for him to transfer these records to his home in southern Florida. However, it doesn’t appear that he declassified any of these documents, instead, he just took them.

Moreover, this would not address the alleged violations of the Presidential Records Act which requires that these records be preserved. It’s entirely possible that this, like so many other Trump scandals, goes nowhere and his actions go without consequences. However, it’s ludicrous to think someone who is suspected of transferring, incinerating, and even flushing sensitive information was able to effectively argue that his political opponents can’t be trusted with classified material.

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