Trump may have put his lawyers in a bind if they have to face the 11th Court of Appeals: legal analyst
Donald YTrump (Photo by Mandel Ngan for AFP)

During an appearance on MSNBC on Sunday afternoon, former federal prosecutor Glenn Kirschner claimed the attorneys for Donald Trump may have some explaining to do if they have to face the eleven judges who make up the 11th Circuit Court of Appeals and have to admit they weren't entirely truthful with Judge Aileen Cannon.

Speaking with host Yasmin Vossoughian, Kirschner said the former president may have put his attorneys in a bad spot by insisting he declassified all of the sensitive government documents sought by the Department of Justice that led to an FBI search of Mar-a-Lago.

Of concern, is how Trump's attorneys will respond on Tuesday to another appeal from the DOJ over disputed documents and where it goes from there.

"Donald Trump's defense team will probably offer nothing new," Kirschner offered. "They have been playing coy the whole time with respect to whether Trump ever declassified anything."

"If he had, I suspect his defense team would have asserted that in court. But they've put themselves in a bit of a trick bag because if they now go up to the 11th Circuit and start to make new factual representations like 'Oh, we may have withheld from Judge Cannon the fact that he declassified documents but we are now telling you, the 11th Circuit judges,' I do not think that will play well."

"Why?" the MSNBC host pressed.

"Because they will have withheld relevant information to Judge Cannon's determination," he replied. "I think this whole thing has been a parlor game. Did he or did he not declassify documents? And I think Donald Trump may have been using it to whip up his base. But I don't think we're going to see a legal argument that he declassified anything."

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