Good Afternoon OCU~!
In fact, Article I, Section 9, Clause 3 specifically covers "passage" of ex post facto laws.
This is not at all the same thing.
The Constitution prohibits the making of ex post facto law, not an ex post facto event, whatever the legal definition of an ex post facto event might be.
If there is a definition at all.
Obviously I understand the point you make.
But this is definitely not a constitutional question.
Documents are not classified when written, or dictated.
They are classified when proscribed by law.
A person could knowingly compromise the security of a document that "might, or could, or should have been" classified at a later time.
I know it is nuanced bullshit.
The number implies a "course of action" which also opens up a kettle of worms.
The bottom line of course is that it would be easier to find twelve people to indict the famous ham sandwich than it would be to indict Hillary Clinton.
She obviously did nothing wrong, and this is obviously more Banghazi Bullshit.
When Hillary moves into the White House next year she is in fact bringing a dog named Banghazi. Or possibly Donald.