The filing underscores the significant factual and legal disagreements between lawyers for Trump and the U.S. government as the Justice Department looks to move forward with its criminal investigation.
Former President Donald Trump speaks at a rally in Wilkes-Barre, Pa., Saturday, Sept. 3, 2022. WASHINGTON — Former President Donald Trump’s lawyers on Monday dismissed as a “storage dispute” Trump’s retention of top-secret documents at his Florida home, urging a judge to keep in place a directive that temporarily halted key aspects of the Justice Department’s criminal probe.
“This investigation of the 45th President of the United States is both unprecedented and misguided,” they wrote. “In 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.”
The Justice Department has asked the judge to lift that hold and said it would contest her ruling to a federal appeals court. The department said its investigation risked being harmed beyond repair if that order remained in place, noting that confusion about its scope and meaning had already led the intelligence community to pause a separate risk assessment it was doing.
In the meantime, both sides on Friday night each proposed different names of candidates who could serve in the role of a special master, though they disagreed on the exact scope of duties the person should have. Cannon has said the yet-to-be-named arbiter would be tasked with reviewing the documents and weeding out from the investigation any that could be covered by claims of either executive privilege or attorney-client privilege.
In its filing Monday, the Trump team again voiced a broad view of presidential power, asserting that a president has an “unfettered right of access” to his presidential records and absolute authority to declassify any information without the “approval of bureaucratic components of the executive branch” — though it did not say, as Trump has maintained, that he had actually declassified them.
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