Trump Lawyers Fire Back After DOJ Asks to Continue Review of Documents Seized by FBI

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Former President Donald Trumpโ€™s lawyers on Sept. 12 urged a federal judge to reject the Department of Justiceโ€™s bid to continue reviewing documents that were taken during the FBI raid of Mar-a-Lago.

Trumpโ€™s lawyers argued that the materials that were taken by FBI agents on Aug. 8 may not be classified. While he was president, Trump had broad latitude in declassifying documents and has a โ€œright to accessโ€ any presidential records whether they are classified or declassified, the attorneys added.

โ€œIn what at its core is a document storage dispute that has spiraled out of control, the Government wrongfully seeks to criminalize the possession by the 45th President of his own Presidential and personal records,โ€ Trumpโ€™s team wrote (pdf) to federal Judge Aileen Cannon, a Trump appointee.

Last week, Cannon sided with Trump and ordered that a special master be appointed to review the materials that were taken during the raid. A special master is generally a retired judge or prosecutor who is named to act as an independent arbiter on the courtโ€™s behalf.

When FBI agents arrived in August, they took 11 sets of allegedly classified documents from Mar-a-Lago, asserting that some were marked โ€œtop secret.โ€ Department of Justice (DOJ) prosecutors also alleged the empty folders that had classified markings were found during the raid, and in one court filing, they included a photo that showed several documents scattered on the floor, some marked โ€˜TOP SECRET.โ€

Prosecutors further said that there is a likelihood that โ€œimproperly stored classified information may have been accessed by others and compromised,โ€ which is a โ€œcore aspectโ€ of the investigation.

The DOJ last week submitted its request (pdf) for a stay of portions of Cannonโ€™s order pending an appeal to the 11th Circuit Court of Appeals. When Cannon issued her order, she also halted any use of materials for the DOJโ€™s investigation but stipulated the Intelligence Community assessment could continue.

As it stands, the Florida judgeโ€™s order risks โ€œirreparable harm to our national security and intelligence interestsโ€ by allegedly undermining the Intelligence Communityโ€™s efforts to review the materials.

By Jack Phillips

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