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Sources: FBI Seized Personal, Confidential Trump Records That Are Protected By Attorney-Client Privilege

The DOJ is said to be against a request by Trump’s attorney to have a third party review those records

Fox News

(Fox News) The FBI seized boxes containing records covered by attorney-client privilege and potentially executive privilege during its raid of former President Trump’s Mar-a-Lago home, sources familiar with the investigation told Fox News, adding that the Justice Department opposed Trump lawyers’ request for the appointment of an independent, special master to review the records.

Sources familiar with the investigation told Fox News Saturday that the former president’s team was informed that boxes labeled A-14, A-26, A-43, A-13, A-33, and a set of documents—all seen on the final page of the FBI’s property receipt —contained information covered by attorney-client privilege.

 

The FBI seized classified records from Trump’s Palm Beach home during its unprecedented Monday morning raid, including some marked as top secret. But the former president is disputing the classification, saying the records have been declassified.

The warrant and property receipt from the FBI’s Monday search were formally unsealed Friday afternoon.

Attorney-client privilege refers to a legal privilege that keeps communications between an attorney and their client confidential.

Sources told Fox News that some records could be covered by executive privilege, which gives the president of the United States and other officials within the executive branch the authority to withhold certain sensitive forms of advice and consultation between the president and senior advisors.

Donald Trump leaves NYC post FBI raid on Mar-a-Lago resort
Donald Trump leaves NYC post FBI raid on Mar-a-Lago resort (Felipe Ramales: Fox News Digital)

It is unclear, at this point, if the records include communications between the former president and his private attorneys, White House counsel during the Trump administration, or a combination.

Sources told Fox News that, due to attorney-client privilege, Trump’s team asked the Justice Department for their position on whether they would support a third party, independent special master to review those records, but sources told Fox News that the DOJ notified Trump’s team that they would oppose that request.

The Justice Department and the FBI declined to comment.

A spokesman for Trump did not immediately respond to Fox News’ request for comment.

The search warrant and property receipt for the FBI’s Monday raid of Mar-a-Lago were unsealed by Magistrate Judge Bruce Reinhart on Friday afternoon.

A guard stands outside Mar-a-Lago in Palm Beach, Florida.
A guard stands outside Mar-a-Lago in Palm Beach, Florida. (Alon Skuy/Fox News Digital)

Prior to the release of the documents, Fox News reviewed the warrant and receipt, revealing that the FBI seized classified records from Trump’s home, including some marked as top secret. Trump is disputing the classification, saying the records had been declassified.

Reinhart signed the warrant on Aug. 5 giving the FBI authority to conduct its search “on or before August 19, 2022,” and “in the daytime 6:00 am. to 10:00 p.m.”

“The locations to be searched include the ‘45 Office,’ all storage rooms, and all other rooms or areas within the premises used or available to be used by FPOTUS and his staff and in which boxes or documents could be stored, including all structures or buildings on the estate,” the warrant states, but did not give authority to agents to search areas being occupied by Mar-a-Lago members or not used by Trump and staff.

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