According to legal analyst Mike Davis, former President Donald Trump had the right to hold onto records from his time as president despite federal prosecutors arguing the move constituted willful retention of national defense information.
Davis—who served as a legal counsel to Sen. Chuck Grassley (R-Iowa), as clerk for a federal judge, and who now heads the Article III Project—said the 37-count federal indictment against Trump is legally flawed when held against past court precedents surrounding presidential records.
“Former presidents are allowed to have their presidential records when they leave office, whether they are classified or not, and that is in the Presidential Records Act. And that’s why Congress gives former presidents secure office space, federally funded staff, and Secret Service protection in the heavily guarded office of the former president,” Davis said in a Wednesday interview with NTD’s “Capitol Report.”…