Based on reporting from NBC News and other outlets, prosecutors face two central legal questions: 1) Did Trump wrongfully retain classified documents after he left the White House? There are two basic categories: 1) crimes about the handling of classified documents, and 2) crimes about obstructing investigators from retrieving those materials. "His best defense is he didn’t realize they were classified documents because he didn’t pack them up," Moss added. In 2017, the Justice Department charged a former defense contractor, Harold Martin, with improperly retaining national defense information. Could Trump’s case conceivably go to trial before the 2024 election?
