I have not heard any lawyer or TV pundit suggest this, so take this prediction for what it’s worth.
Since Donald Trump left the White House a few days before his term ended, he was still president while he was in Mar-a-Lago. Therefore he had the right to take those classified documents from the White House and relocate them to the “southern” White House in Florida. His crime started as soon as Joe Biden was inaugurated. It was at that point that ex president Donald Trump had unlawful possession of classified documents. He probably would’ve gotten a pass, had he not made a fuss and then claimed he had the right to keep them. He may or may not have been under the delusion he was still president.
Of course, he exacerbated his crime by obstructing justice, showing the documents to others, denying that he had them, and refusing to return them.
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