So the Trump argument against the DoJ going through the government docs is by hinting that they may not be classified (without ever claiming that Trump declassified them).
They argue that these are just presidential records, and argue presidents have broad authority on what they consider “presidential records”. As if that gives a departing president absolute authority on what they can cart home with them.
So what? It’s still government property. You can’t declassify anything you want, deem them as “presidential records” and then take them,
My guess is they’re kicking the can down the road and using that flimsy excuse as an argument now, and will argue whether they are classified or not later on. However, we all know they weren’t declassified. It would make no sense and Trump would have tipped people off that he was stealing records.
They’re not his if they’re classified, and they aren’t suddenly his if they are. The lawyers and Trump may be digging themselves into a deeper hole with these claims they are making.
It’s a poor and easily-seen tactic. They say the government claims they are classified and refer to them in quotes as “classified documents”, but never actually argue Trump declassified them. They just say there’s a dispute over whether they are or not.
It’s not going to end well if they continue on this path, as his lawyers scrambling to make arguments for him gives the DoJ more material for their arguments.
