Trump appears to concede he illegally retained official documents in filing

Donald Trump appeared to concede in his court filing surrounding the seizure of materials from his Florida resort that he unlawfully retained official government documents, as the former president argued that some of the documents collected by the FBI could be subject to executive privilege.

Related: FBI searched Trump’s Mar-a-Lago home for classified nuclear weapons documents – report

The motion submitted on Monday by the former president’s lawyers argued that a court should appoint a so-called special master to separate out and determine what materials the justice department can review as evidence due to privilege issues.

But the argument from Trump that some of the documents are subject to executive privilege protections indicates that those documents are official records that he is not authorized to keep and should have turned over to the National Archives at the end of the administration.

The motion, in that regard, appeared to concede that Trump violated one of the criminal statutes listed on the warrant used by the FBI to search the former president’s Mar-a-Lago resort – 18 USC 2071 – concerning the unlawful removal of government records.

“If he’s acknowledging that he’s in possession of documents that would have any colorable claim of executive privilege, those are by definition presidential records and belong at the National Archives,” said Asha Rangappa, a former FBI agent and former associate dean at Yale Law School.

“And so it’s not clear that executive privilege would even be relevant to the particular crime he’s being investigated for and yet in this filing, he basically admits that he is in possession of them, which is what the government is trying to establish,” Rangappa said.

Trump remains able to make the case that a special master should be appointed to review the seized documents, seek a more detailed receipt for what the FBI retrieved from Mar-a-Lago and restrain the justice department from further reviewing the materials until the process is complete.