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FILE - Republican presidential candidate former President Donald Trump speaks at a campaign rally May 1, 2024, in Waukesha, Wis. Trump told Republican donors Saturday, May 5, at Mar-a-Lago, that President Joe Biden is running a "Gestapo administration," the latest example of the former president employing the language of Nazi Germany in his campaign rhetoric. The remarks were described by people who attended the event and spoke on condition of anonymity to discuss the private session. (AP Photo/Morry Gash, File)

Trump lawyers and prosecutors spar over evidence in classified documents case

Lawyers for Donald Trump have asked the judge overseeing the classified documents case against him to block prosecutors from using as evidence the boxes of records that FBI agents seized during a search of the former president’s Florida property nearly two years ago

By Eric Tucker
Published - May 21, 2024, 05:25 PM ET
Last Updated - May 21, 2024, 05:25 PM EDT

WASHINGTON (AP) — Lawyers for Donald Trump asked the judge overseeing the classified documents case against him to block prosecutors from using as evidence the boxes of records that FBI agents seized during a search of the former president's Florida property nearly two years ago, according to a motion unsealed Tuesday.

The defense lawyers asserted in the motion that the August 2022 search of Mar-a-Lago in Palm Beach, Florida was unconstitutional and “illegal” and the FBI affidavit filed in justification of it was tainted by misrepresentations.

Prosecutors with special counsel Jack Smith's office, which brought the case, rejected each of those accusations and defended the investigative approach as “measured” and “graduated.” They said the search warrant was obtained after investigators obtained surveillance video showing what they said was a concerted effort to conceal the boxes of classified documents inside the property.

“The warrant was supported by a detailed affidavit that established probable cause and did not omit any material information. And the warrant provided ample guidance to the FBI agents who conducted the search. Trump identifies no plausible basis to suppress the fruits of that search,” prosecutors wrote.

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