By Aaron Miller-
Lawyers for Donald Trump have petitioned the court to appoint a so-called special master to separate out and determine what materials the justice department can review as evidence because they are subject to privilege issues.
The suggestion from Trump’s legal team has led to suspicion that documents at the raided property at Mar-A Lago- are official records which he is not authorized to keep and should have turned over to the National Archives at the end of the administration.
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A number of analysts and media representatives have deduced from the request that the former president may have violated one of the criminal statutes listed on the warrant used by the FBI to search the former president’s Mar-a-Lago resort – 18 USC 2071 – concerning the unlawful removal of government records.
“If he’s acknowledging that he’s in possession of documents that would have any colorable claim of executive privilege, those are by definition presidential records and belong at the National Archives,” said Asha Rangappa, a former FBI agent and former associate dean at Yale Law School.
“And so it’s not clear that executive privilege would even be relevant to the particular crime he’s being investigated for and yet in this filing, he basically admits that he is in possession of them, which is what the government is trying to establish,” Rangappa said.
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Trump wants a detailed receipt accounting for documents retrieved by the FBI from Mar-a-Lago , and also wants the justice department restrained from further reviewing the materials until the process is complete.
Eleven sets of classified files were taken from the estate on August 8, according to the FBI, and US media reports suggested that more than 300 classified documents were found at the former president’s home.
The search warrant for Mar-a-Lago listed obstruction for the statutes potentially violated, though it remains unclarified whether the search related to obstruction of the investigation into the very retrieval of government documents from Mar-a-Lago or for another, or some other separate investigation.
The section in Trump’s motion titled “President Donald J Trump’s Voluntary Assistance” detailed the multiple steps the justice department took to initially retrieve 15 boxes in January, additional materials in June, and then 26 boxes when the FBI conducted its search.
The filing discussed how Trump returned the 15 boxes to the National Archives, and then – one day after the National Archives told Trump’s lawyers that those boxes contained classified documents – “accepted service of a grand jury subpoena” for additional documents with classification markings.
The justice department learned there may have been additional documents marked as classified, and issued a subpoena on 22 June demanding security camera footage of the hallway outside where the materials were being stored.
That subpoena for security tapes included a subsequent subpoena for CCTV footage of that area from just before the FBI search on 8 August, suggests the justice department did not think Trump was being entirely truthful or forthcoming in his interactions with the investigation.
The FBI reportedly retrieve more boxes of classified materials despite claims from Trump’s team that all documents had been returned. The former president continues to be under intense political and legal scrutiny ahead of his plans to run for president again.
U.S authorities are determined to scupper any hopes the polarising former America leader nurses, using the multiple tools they have at their disposal.
The insurrection at Capitol Hill on January 6 2021 was inspired by a rally presided over by Trump shortly before national mayhem was wrought at a building where congressmen gathered to certify the election victory of Joe Biden still ranks high among offences investigators want to see Trump pay dearly for.
Meanwhile, Trump has been endorsing a few Democrats on his truth social site alternative social media site: ’26 and 0 tonight, turning numerous tight races into big and easy wins. Overall for last 4 years, 98.4% on Endorsements!’
His Truth Social post depicted his odd support for some Democrats on the ballot, but also included wins like embattled Florida Republican Congressman Matt Gaetz , who won his primaries
Trump would not have been impressed with news that Colorado state senator has switched his party affiliation from Republican to Democrat, due to criticisms against the GOP on issues ranging from climate change to its response to Jan. 6.
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