The Justice Department accused the Trump team of “gamesmanship.”
WASHINGTON — The Justice Department and lawyers for Donald Trump are at odds over whether the former president can assert executive privilege over to shield them from investigators and over whether he can treat the records as his own personal belongings.
Dueling legal briefs unsealed Monday lay bare a continuing dispute over the status of thousands of records taken during an Aug. 8 FBI search of Mar-a-Lago. Justice Department investigators want broad access to the documents as they consider whether to bring charges for the retention of top-secret information at the Palm Beach property, but Trump’s lawyers are resisting that.
Both sides submitted written arguments on points of disagreement, including whether Trump could designate records created or received during his administration as personal records after leaving the White House and whether he could assert executive privilege to withhold certain documents from investigators. that Trump exercised his authority under the Presidential Records Act to designate the records that were later seized from Mar-a-Lago as his own personal belongings.
“President Trump was still serving his term in office when the documents at issue were packed, transported, and delivered to his residence in Palm Beach, Florida,” the Trump team wrote. “Thus, when he made a designation decision, he was President of the United States; his decision to retain certain records as personal is entitled to deference, and the records in question are thus presumptively personal,” Trump’s lawyers wrote. and said that Trump was not entitled to claim as personal records documents that were clearly presidential.
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