Leading the story: In the 40-page filing, Trump’s legal team argued that the Justice Department has not successfully demonstrated that the documents “claimed to be classified are in fact classified and their separation is inviolable.”
Trump’s team argues that a document with classification markers “does not necessarily negate claims of privilege,” including Trump’s handwritten notes.
The big picture: Trump’s testimony comes after his legal team on Monday night objected to a request by the special counsel reviewing the documents for disclosures about the declassification of documents found at his Florida residence, Axios’ Rebecca Falconer reports .
Trump’s team in a letter to Judge Raymond Dearie cites a draft plan they say “requires the plaintiff to disclose specific information about the declassification to the Court and the government.”
What to watch: Dearie is scheduled to hold a preliminary hearing in federal court in Brooklyn on Tuesday. Editor’s note: This story has been updated with additional details.
