There was already the question of the warrant being overly broad, applying to every document made throughout Trump's presidency, which is ridiculous. Yet they may have gone beyond what they were entitled to take as well.
According to a Fox report, the FBI seized documents covered by attorney-client privilege and documents potentially protected by executive privilege throughout the raid.
"Sources familiar with the investigation told Fox News Saturday that the former president's team was informed that boxes labeled A-14, A-26, A-43, A-13, A-33, and a set of documents—all seen on the final page of the FBI's property receipt —contained information covered by the attorney-client privilege."
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"Sources told Fox News that some records could be covered by executive privilege, which gives the president of the United States and other officials within the executive branch the authority to withhold certain sensitive forms of advice and consultation between the president and senior advisers."
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"Sources told Fox News that, due to attorney-client privilege, Trump's team asked the Justice Department for their position on whether they would support a third party, independent special master to review those records, but sources told Fox News that the DOJ notified Trump's team that they would oppose that request."
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That naturally raises more questions: Why would they oppose the request for an independent special master if their action was proper? And why would they oppose the request if they cared about demonstrating transparency and objectivity to the public? This will make people even more suspicious now about the action.
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We already talked regarding the raid being a fishing expedition, yet it's very concerning if they took documents subject to attorney-client privilege. That may give them a window into the potential defense actions that Trump and his lawyers take in cases — something that should never happen. Also, former presidents may be able to assert executive privilege in some cases, setting up potentially yet another issue with what they may have taken.
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While the property receipt shows some classified or top-secret documents, Trump states they would have been declassified. As we noted, however, the underlying criminal statutes don't require that the documents in question be classified for them to apply.
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"The government searched for a response to what it believes to be a violation of federal laws: 18 USC 793 — Gathering, transmitting or losing defense information; 18 USC 2071 — Concealment, removal or mutilation; and 18 USC 1519 — Destruction, alteration or falsification of records in Federal investigations."
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