Former President Donald Trump’s big plan to stall the investigation into the Mar-a-Lago classified documents scandal isn’t going the way he might have hoped.
On , a federal judge pushed back against Trump’s lawyers for hinting that the documents might be declassified while refusing to say whether they definitely had been. In other words, Trump’s own lawyers balked at backing up claims their boss made loudly outside the courtroom.
“My view is, you can’t have your cake and eat it too,” Judge Raymond Dearie said.
Judge Dearie didn’t rule on the issue Tuesday, but he pressed Trump lawyer Jim Trusty about why he shouldn’t simply rule in favor of the side that at least showed him some evidence.
“If the government gives me prima facia evidence that they are classified documents, and you don’t advance any claim of declassification, I’m left with a prima facia case of classified documents, and as far as I’m concerned, that’s the end of it,” Judge Dearie said.
Trump’s lawyers argued they can’t explain whether Trump really declassified any of the documents because that would reveal their future defense strategy if Trump ever gets charged with a crime.
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