This, from AP, will be used by 45th and his apologists to paint 45th as careless and sloppy, like he misplaced them, not malevolent. Do hope 45th argues that because it is no defense. Per the statute, if you knowingly had them, that's enough. 45th has admitted to having them. He told more than one person who worked for him on more than one occasion, "They're mine." He refused to return what he had. That's a separate crime, obstruction. The underlying substantive crime though is a slam dunk. He had, knowingly had, and refused to return what he shouldn't have had despite repeated attempts by NARA and DOJ and the representations of his attorneys that he had returned everything. "Oopsies, me make mistake, here they are"? Doesn't cut it. If you misplaced them the statute requires you to report it. You don't have to have them for any purpose (e.g. transmittal), You're. Not. Allowed. To. Have. Them.