Texas Attorney General Files Brief Defending Trump’s Private Documents After ‘Unprecedented Raid’ by FBI

The brief focused on keeping privileged documents out of Biden administration’s hands.

QUICK FACTS:
  • Texas Attorney General Ken Paxton and 10 other state attorneys general have filed amicus briefs, known as a “friend of the court” or unaffiliated party briefs, in support of former President Donald Trump.
  • Paxton’s brief was focused on requesting that the Eleventh Circuit Court of Appeals pending decision on the Department of Justice’s (DOJ) request regarding documents covered by attorney-client privilege.
  • The DOJ has appealed Trump’s previously granted request to allow a special master to determine if items taken in the raid on Trump’s Florida home are protected by privilege.
  • According to a press release from Paxton’s office, the group believes the documents should be returned to Trump, partially due to the potential conflict of interest as Trump represents a former and potentially future political opponent of the president.
FROM PAXTON’S OFFICE:
  • “Joe Biden’s commitment to weaponizing the DOJ to go after political opponents should deeply concern all Americans,” said Attorney General Paxton. “Given Biden’s track record, combined with his rhetoric demonizing anyone he disagrees with, the courts must be on high alert to the ways in which DOJ may abuse its power to punish President Donald Trump. At a bare minimum, the Eleventh Circuit should ensure that any privileged information taken from President Trump is returned and the special master stays in place.” 
  • The brief explains: “At a minimum, this Court should view the Administration’s assertions of good-faith, neutrality, and objectivity through jaundiced eyes. Consequently, this Court should reject the Administration’s request to stay the district court’s order pending appeal and instead permit this document dispute to proceed before a neutral special master.”   
BACKGROUND:
  • The FBI seized more than 11,000 documents during its raid of Trump’s Mar-a-Lago residence, some of which are believed to be privileged documents between Trump and his attorney.
  • The department has been told to put its investigation on hold while a third-party reviews the documents to ensure they aren’t in violation of attorney-client or executive privilege.
  • The special master has been appointed and has until Nov. 30 to complete the review.