In essence, Trump always had a right to hold onto the Mar-a-Lago documents. Not only does this fact render the DOJ raid and subsequent investigation unnecessary, but it also suggests those moves were a huge abuse of power.
No wonder they’re hoping to avoid facing a neutral third party.
“The [Presidential Records Act] accords any President extraordinary discretion to categorize all his or her records as either Presidential or personal records, and established case law provides for very limited judicial oversight over such categorization. The PRA further contains no provision authorizing or allowing for any criminal enforcement,” Trump’s motion read.
“What is clear regarding all of the seized materials is that they belong with either President Trump (as his personal property to be returned pursuant to Rule 41(g)) or with NARA, but not with the Department of Justice.”
Multiple experts said this latest motion completely eradicated the DOJ argument.