Trump attorneys say Justice affidavit for Mar-a-Lago search misleading, request unredacted copy

Trump's lawyers want to check affidavit for accuracy and "misleading omissions."

Published: November 23, 2022 12:43pm

Updated: November 23, 2022 4:32pm

Attorneys for former President Trump say the Justice Department affidavit used in the Mar-a-Lago raid this summer has "misleading omissions" and have asked a federal judge to make the agency hand over an unredacted copy.

FBI agents in August raided the Florida estate in search of materials the federal government says should have gone from the Trump White House to the National Archives. 

"The supposedly 'detailed' inventory provided little in the way of actual information or detail," the lawyer wrote in a letter Tuesday to U.S. District Judge Aileen Cannon. "Instead, the 'detailed' inventory incorrectly labeled nearly every document seized as a 'U.S. Government Document.'"

The partially redacted version of the affidavit was released in August by a U.S. magistrate. 

Trump's argument was that under federal law, he was allowed to declassify any White House records he wanted and take them with him.

"The affiant should have fully disclosed and discussed the total authority of a President to declassify materials and determine that materials are personal records under the Presidential Records Act, as well as the fact that presidents are accorded great deference when they have designated materials as either a Presidential record or a personal record," according to the filing.

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