The Mar-A-Lago Affidavit Makes It An Easier Job For Trump's Legal Team

By Darren Nagel | Sunday, 28 August 2022 12:00 PM
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Former President Donald Trump's legal team responded for the first time to the heavily censored FBI affidavit issued Friday, saying what has not been redacted poses "more questions than answers."

Trump's lawyers mulled over the affidavit in a court filing Friday in which they again asked that a neutral third party be appointed to handle the Department of Justice handling of evidence.

The attorneys mentioned uncovering the redacted affidavit as a reason for a judge to grant its motion for a "special master."

"The Redacted Affidavit underscores why this Motion should be granted, as it provides almost no information that would allow Movant to understand why the raid took place, or what was taken from his home," Trump's legal team wrote.

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Around 20 pages of the 38-page document were either immensly or fully redacted. Twenty-four pages had at least some information blacked out.

"The few lines that are unredacted raise more questions than answers. For instance, Paragraph 3 states, in pertinent part, as one of the bases for probable cause, that there ‘are Presidential records subject to record retention requirements currently remain[ing] at the PREMISES,’" the team argues.

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Significant redactions were expected, given the Justice Department's argument about the sensitivity of the case.

Trump's legal team added, "This provides the deeply troubling prospect that President Trump’s home was raided under a pretense of a suspicion that Presidential records were on his property – even though the Presidential Records Act is not a criminally-enforceable statute."

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The affidavit refers to nearly 200 documents with classified markings that Trump had previously handed over. It said that the FBI in May inspected 15 boxes of documents Trump gave to the National Archives and Records Administration earlier this year, which contained a trove of documents marked classified.

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"A preliminary triage of the documents with classification markings revealed the following approximate numbers: 184 unique documents bearing classification markings, including 67 documents marked as CONFIDENTIAL, 92 documents marked as SECRET, and 25 documents marked as TOP SECRET," the affidavit said. "Based on my training and experience, I know that documents classified at these levels typically contain NDI."

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Shading the DOJ for editting large swaths of the affidavit that laid out the legal justifications for the Aug. 8 search and seizure, the lawyers claimed that the affidavit raised "more questions than answers" in a supplemental motion for their request for a special master to supervise the DOJ review of the Mar-a-Lago material.

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At least one lawyer on Trump's legal team, Christina Bobb, is facing scrutiny for a document she signed asserting that all classified material from Mar-a-Lago had been given to the government, the New York Times reported.

Trump has denied wrongdoing, and his representatives have insisted that he declassified the material at Mar-a-Lago. He has denounced the raid as an "unAmerican break-in" and a "witch hunt."

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