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I don't understand what you mean. Even if he believed he had the right to retain the documents, he wasn't willfully improperly keeping the documents or obstructing their retrieval until after he was out of office - you'd basically just have to not charge him regarding any documents he handed over the first time, because after the first time handing over documents he definitely knew better and definitely wasn't in office.
Oh, I agree that it should be considered a crime. I’m just suggesting a way Cannon may leverage this in Trumps favor.
Since there’s no requirement that the President needs to be actively in office for immunity, if she ruled that his ownership of the documents was an “official act,” then any crime he may have committed involving the documents could be considered in service of said act.