A May subpoena requested all documents 'bearing classification markings,' regardless of whether they'd been declassified.
Trump and his team have made public comments alluding to the documents being declassified by Trump but have been careful to not to actually assert the claim in legal proceedings, theAs part of the grand jury investigation into Trump's handling of records, the grand jury issued a subpoena on May 11 requesting all documents "bearing classification markings," the court filing stated.
As part of an "exchange of correspondence" in which Trump's team sought a deadline extension to respond to the subpoena, they asked the Justice Department to "consider a few 'principles,' including the claim that a President has absolute authority to declassify documents ," the filing added. “The government notes that the subpoena sought documents ‘bearing classification markings,’ and therefore a complete response would not turn on whether or not responsive documents had been purportedly declassified,” the Justice Department claimed in the court filing.Even if Trump had declassified the documents, they still would have needed to go to the National Archives, per
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