During a Monday interview, one of former President Donald Trump’s attorneys criticized Joe Biden’s Justice Department and stated that her client was “absolutely” permitted to possess the classified materials for which he has been indicted.

Christina Bobb told Newsmax that Trump’s authorization stems from the Presidential Records Act, before criticizing the way he’s been treated by the DOJ and FBI compared to President Joe Biden and Vice President Mike Pence, who both had classified materials in their possession but are not covered by the same act as vice presidents.

“The difference between how they handled the Mar-a-Lago raid and how Joe Biden handled it is like night and day,” she said.

She then referred to an incident that occurred in August 2022, describing how she was forced to wait outside Mar-a-Lago for several hours while the FBI conducted a search inside the former president’s estate.

“I was forced to stand outside on the Mar-a-Lago circle drive in August in Florida in temperatures between 80 and 90 degrees for eight to ten hours while the FBI searched every room,” she said.

“Donald Trump was 100% authorized to keep everything he kept. And it was actually the Department of Justice that actually had to return materials because they took things they were not allowed to possess and had to return them,” Bobb noted further.

“President Trump had every right to have possession of those documents. And the only statute that applies to Donald Trump on this is the Presidential Records Act 44 U.S.C. Section 2203 Alpha, which specifically says the president and only the president is the one who has authority to make this call,” she told Newsmax.

“I think their case is dead on arrival,” she predicted.

The Presidential Records Act (PRA), codified at 44 U.S.C. Section 2203, is a significant piece of legislation that regulates the management of official records belonging to presidents and vice presidents, especially those created or received after January 20, 1981.

The act was instrumental in transforming the legal status of presidential records from private to public property and establishing a comprehensive framework for managing these records.

A central tenet of the act is that presidents have control over their recordings. A president retains complete control over their records upon assuming office and has the discretion to determine which records are no longer of administrative, historical, informative, or evidentiary value.

However, before destroying any records, the president must consult with the United States Archivist to debate the proposed destruction.

Trump was scheduled to appear in court in Miami Tuesday afternoon. Special counsel Jack Smith indicted him on 37 counts, all presumably related to his handling of classified materials.

More on this story via Conservative Brief:

A federal judge overseeing Trump’s arraignment on Tuesday will not allow cameras, phones, or electronic devices into the Miami courtroom. CONTINUE READING…