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The lawyers for former President Donald Trump said Wednesday that the FBI should have known to look for 'sensitive' documents when they raided his Florida estate.
This was said in a new legal filing that also said the materials taken from Mar-a-Lago were no "cause for alarm" and that the National Archives and Records Administration should have "simply followed up... in a good faith effort to secure" the more than 100 classified documents found in the raid.
The document, which was filed in the Southern District of Florida before a hearing on Thursday about Trump's request for a special master to look at documents taken from his Florida home, also said that if federal prosecutors were not overseen, they would "impeach, leak, and publicize" details of the investigation against him.
In the interest of national security, the feds denied Trump's request on Tuesday to hand over the investigation to a third party. They also said that "efforts were likely made to obstruct the government's investigation" and that documents were "likely hidden and removed" from Mar-a-Lago before the raid.
Some of the documents that were seized were marked "TS/SCI," which means "top secret," and the DOJ filing said that the FBI and federal prosecutors "needed additional clearances" before they could look at them.
On Wednesday, Trump's team said that the failure of the Biden administration to let the former president "assert executive privilege" and that the former president's Fourth Amendment rights were violated during the August 8 raid were to blame for the discovery of the classified documents.
His lawyers also said that the search warrant used to do the raid was wrong because it said "the Espionage Act may apply."
The DOJ says that Trump's team tricked them into thinking that after a "diligent search" in June, all of his presidential documents were found.
The DOJ said Tuesday that prosecutors had already found and looked over documents that "may contain attorney-client privileged information." This was in response to Trump's request to have a special master weigh in on privilege issues.
On Wednesday, Trump's lawyers said that the former president "still has rights related to the use of executive privilege."
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