Days after the extraordinary search of Mr. Trump’s estate, Mar-a-Lago, the former president made public statements claiming that he had in fact declassified some of the seized records, suggesting that the Justice Department had no case against him for illegally retaining sensitive government material. But neither he nor his lawyers have ever made those same assertions in court — or in court papers — where they could face penalties for lying.
Instead, they have danced a fine line between suggesting that, as president, Mr. Trump had the authority to declassify the documents, while remaining silent on the issue of what he actually did — or did not do. At the same time, Mr. Trump’s lawyers have pursued another line of argument, telling Judge Dearie that he should not simply take the Justice Department’s word that some of the seized records are classified, as prosecutors claim.
At his first hearing as special master, Judge Dearie seemed to cut through this confusing web, telling Mr. Trump’s lawyers in direct terms that he was likely to deem the documents classified — unless they offered evidence to the contrary.
That prompted one of the lawyers, James Trusty, to say that Mr. Trump’s legal team might in the future offer that sort of evidence — in witness statements, for example — but that to do so now would telegraph its legal strategy to the government.
Source Article from https://www.nytimes.com/2022/09/20/us/politics/trump-declassification-documents.html
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