I don't think Trump and his lawyers understand this yet.

[fightforfreedom]

The obstruction charge can be used without the secret documents. In an obstruction case prosecutors would not have to mention secret documents.

Trump was subpoenaed for all documents. He and his lawyers lied. They got a warrant and found documents which proves they obstructed a Federal grand jury subpoena. It is a serious felony. This is an easy case to prove

The charge of stealing secret documents could be prosecuted in a separate trial which would be more difficult because the documents are so secret.

[onenote]

1. Actually, the subpoena was limited to documents with classifications

See page 8 and Attachment C of the DOJ Response.

https://s3.documentcloud.org/documents/22272789/doj-response-to-trump-special-master.pdf

[underpants]

2. If it ain't yours, keep you damned hands off it

You are dead on. This is getting complicated (and even more thoroughly embarrassing for Trump) with the security issues. It’s theft AND obstruction. Pure and simple.

[Claustrum]

3. Factually, you are right.

But if the DoJ is going after TFG for the non-classified documents with a search warrant and seizure, it probably wouldn't have gotten pass the court. The probable clause for getting the warrant is indeed linked with national security worries. So at least on the court front, the main battle will be on the classified documents and the mishandling and risking of national security, even though technically he still violated the law with the unclassified documents.

Also, I am sure if some polling is done, the general public will be for an indictment for charging TFG with mishandling of classified documents but not if there are no classified documents. So both on the legal front and public opinion front, the important part of the story is about classified documents.

[unblock]

5. As long as the search was valid, they can seize any evidence of any crime

If the had a proper warrant from classified documents but in the process of executing that search, they found a pile of drugs and a dead body with bullet wounds and gun and so on, obviously they could seize that evidence and proceed with drug charges and a murder charge.

If they had a legitimate warrant for classified documents and all they found was declassified government property, they could still seize it and charge him with theft or espionage or whatever.

The warrant limits where you can look. It doesn't limit what you might find or what you might later charge them with.

[Jilly_in_VA]

4. If it's not yours, leave it alone

That was one of our family rules growing up. Guess it wasn't in the tRump family.