This Sunday, former President Donald Trump called on the FBI to return documents they recovered at Mar-a-Lago that he says are are protected by attorney-client privilege.
Trump was referencing a Fox News report that the FBI seized information covered by attorney-client privilege during its search at Trump’s Palm Beach resort. The network also reported that some some of the material seized could be covered by executive privilege.
Speaking on CNN this Monday, legal expert Jennifer Rodgers said Trump's claims are a "red herring."
"Attorney-client privilege documents are attorney-client communications," Rodgers said. "So nothing that's classified at any level of classification and nothing that belongs to the government as a presidential record is going to be attorney-client privilege."
Rodgers went on to say if any documents that were recovered do enter into that category, the government will put a "filter team" in place "to weed those documents out."
"So this is really a claim without any basis at all."
FBI agents recovered records marked "top secret" during their search of former president Trump's Florida estate, according to documents made public last week in a probe that includes possible violations of the US Espionage Act.
The warrant and related materials, unsealed by a Florida judge, showed agents took away with them a significant amount of classified files after the raid, which ignited a political firestorm in an already bitterly divided country.
The extraordinary search was partly based on suspicions of violations of the US Espionage Act related to the illegal retention of sensitive defense documents, the warrant showed.
Some of the papers were marked "top secret" and were "meant to be only available in special government facilities," said the unsealed seven-page federal court filing.
The filing contained a list of items removed from Mar-a-Lago, including information about the "President of France," and the warrant to search the palatial estate in Palm Beach.
With additional reporting by AFP