The Justice Department and Trump's legal team are at odds over whether most of the material seized from Mar-a-Lago are subject to any type of protection and should be kept from investigators.
Prosecutors argued in their recently unsealed filing that the small proportion of documents over which there is disagreement between the parties warrants the removal of Cannon's restrictions on the investigation.
The former president"treated" the documents as personal, his team argued, and so their official designation as presidential records was no longer valid. And if Dearie were to reject this assertion, Trump's team argues the special master should still find that some of the documents were restricted under executive privilege claims and shield them from criminal investigators.
"It would reduce the [Presidential Records Act's] detailed definitions of 'presidential record' and 'personal records' to mere suggestions," prosecutors told Dearie.
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