Lawyers for Mr Trump have argued that he had the right to have the documents because he had "unreviewable discretion" to designate these classified records as personal documents.

Special counsel Jack Smith, who brought the charges against Mr Trump, disagreed.

"The PRA does not exempt Trump from the criminal law, entitle him to unilaterally declare highly classified presidential records to be personal records, or shield him from criminal investigations," Mr Smith wrote in response to Mr Trump's lawyers' motion.

The second argument Mr Trump's lawyers will present focuses on the Espionage Act, which makes it illegal for people who are not authorised to retain national defence information.

Trump lawyers have claimed Mr Smith's use of the statute was "unconstitutionally vague", an argument that Mr Smith's team called "meritless".

"Trump is charged with the unauthorized possession and willful retention of national defense information. The statute's prohibitions are clear," his team wrote.

Mr Trump's co-defendants, aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, are attending the day in court.

Mr Trump's attorneys have filed several other motions to get the case dismissed, including an argument based on presidential immunity.

The Supreme Court is hearing a case on whether Mr Trump is immune from criminal prosecution as a former president.

Source:
courtesy of BBC NEWS

by Madeline Halpert

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