Trump's lawyers have said that he designated as personal property the records he took with him to Mar-a-Lago.
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Special counsel Jack Smith's team, by contrast, says the files Trump is charged with possessing are presidential records, not personal ones, and that the statute does not apply to classified and top-secret documents like those kept at his Mar-a-Lago estate in Florida. It is not surprising that defense lawyers are seeking dismissal of the case based on the Presidential Records Act given that the legal team has repeatedly invoked the statute since the FBI's August 2022 search of Mar-a-Lago.
After the Trump team sued the Justice Department in 2022 to get his records back, Cannon appointed a special master to conduct an independent review of the documents taken during the FBI's Mar-a-Lago search. That appointment was later overturned by a federal appeals court.
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