Trump’s Privilege Claims Are Beside the Point

Some of the documents seized in the FBI’s search of Mar-a-Lago may be covered by privilege — but all of them are the property of the government by law.

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Former President Trump takes the stage at CPAC in Dallas, Texas, August 6, 2022.

Brian Snyder/Reuters

As with myriad other controversies ignited by Donald Trump’s norm-breaking and the irate norm-breaking with which it inspires his opponents to respond (while each side indignantly slams the other for, you know, breaking norms), the Mar-a-Lago don’t-you-dare-call-it-a-raid has reached peak farce.

First, it emerged over the weekend, as if it were stunning news, that some of the documents seized in the FBI’s search of Trump’s estate may have been covered by the attorney-client and executive privileges. Then, the former president issued a statement on his Truth Social platform claiming that the FBI “knowingly should not have taken” this “privileged material,” and “respectfully request[ing] that these documents be returned to the location from which they were taken.”

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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