Yes because if it were about possession, Joke would be guilty as well. He's hiding behind the "prove Joke knew he took/had them" legal trick to cover for the years and in some cases decades he had classified material, kept in plain sight in a wholly insecure location he visited hundreds of times no less, with a drug addict for a son having access to them.
Meanwhile if that's an acceptable excuse, congress critters could/should instruct someone else to take classified material (how can a Senator be in possession of classified material anyway, when they're kept in SCIFs?). What's the downside?