The court documents reveal that Trump's lawyers have defended the former President's actions of transporting classified documents from the White House to his Mar-a-Lago residence in West Palm Beach, Florida. They argue that Trump acted in "good faith and non-criminal states of mind."
In a surprising revelation, the legal filing also cites a government document from June 2023, suggesting that Trump held a "Q" clearance from the Department of Energy. This clearance implies that Trump retained an active security clearance, even years after his departure from the White House.
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Trump's attorney, Todd Blanche, first publicly mentioned the "Q" clearance during a court hearing in Florida in November. As reported by the Washington Post, Blanche stated that Trump "continued to have an active clearance" at that time. The "Q" clearance, as per the publication, pertains to a security clearance managed by the agency, primarily dealing with nuclear secrets.
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The comprehensive 65-page legal filing also calls upon prosecutors from special counsel Jack Smith's office to disclose more information about the alleged evidence against the former president. Trump's lawyers have requested correspondence between Smith's office and the Biden administration, arguing that such communication could reveal the political motivations behind Trump's indictment.
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The legal team has also urged the prosecutors to provide further proof concerning the alleged damage caused by Trump's possession of the documents. The filing accuses the Energy Department of trying to modify an "inconvenient truth" by removing Trump’s name from the clearance list several weeks after his indictment.
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According to a previous court filing, one of the documents in Trump's possession at his Florida residence was related to nuclear codes. Despite Trump's "Q" clearance, such a document is reportedly restricted. However, the Washington Post reports that this document was marked "formerly restricted."
Trump, who is currently leading the 2024 GOP primary presidential election, has pleaded not guilty to 40 counts, including willful retention of national defense information, obstruction, withholding or altering of documents, and making false statements. The case was initiated by President Biden's Special Counsel Jack Smith. Trump has accused Biden of using the Department of Justice against his primary political adversary.
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