I'm also finding @emptywheel 's analysis persuasive as usual, which leads to this conclusion: "Taking classified documents unknowingly is probably not a crime, especially for a President or Vice President. Refusing to give them back may well be. That’s the question before Jack Smith, as well as the obstruction question. That’s probably the question before Robert Hur."
Marcy's thinking as to why this is so is worth your time:
https://www.emptywheel.net/2023/01/15/why-trumps-lawyer-evan-corcoran-thinks-joe-biden-didnt-violate-18-usc-1924/