A particularly egregious moment came in his false claims about the parallel investigations into his and President Biden’s retention of classified information. That’s likely one reason why Jack Smith’s team included a bunch of highly classified documents among those charged. For both men, prosecutors would need to show that they realized they had classified documents, and then retained them. Because it was handwritten, it had no classification marks and couldn’t be proven to have obviously classified information, much less information still classified in 2023, when it was found. How Trump’s Case Got DismissedTrump falsely claimed he “won” his classified documents case.