Yeah, actually you can say, oops, here ya go. The burden to prove you intended to retain them falls completely on prosecutors. They have to be able to prove, in a court of law, that you took affirmative actions to retain them with intent. That's why others were not charged while Trump was because prosecutors claim they have evidence of Trump intentionally hiding classified documents the NARA was aware hevhad and had asked for them back.
So willful retention of classified docs is not illegal?
Also, please explain how it is that Biden had those docs for over 30 years and nara never came banging down his door? But 2 weeks after Trump left office, Nara was right there.
Two sided approach?
Also, I don’t buy the “they didn’t know they had them”. Classified material is tracked. It has to be signed for when it leaves its place of custody, SOMEBODY knew they had them, but nobody seemed to care…benefits of being a democrat? Seems so.