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Rh on August 8, 2022 … were created during his term as President.” D.E. 1 at 15. These are precisely the types of documents that likely constitute Presidential records.

Because these records do not belong to Plaintiff, Rule 41(g) gives him no right to have them returned. And because Plaintiff has no such right, this Court should not appoint a special master to review Presidential records for the purpose of entertaining potential claims of executive privilege. At most, Plaintiff can seek return of his personal property.

Plaintiff Is Not Entitled to the Return of Property or to Injunctive Relief A. Plaintiff Is Not Entitled to the Return of Any Property

As his last claim for relief, Plaintiff asks this Court to order “the Government to return any item seized pursuant to the Search Warrant that was not within the scope of the Search Warrant.” D.E. 28 at 10; see id. at 4. In Plaintiff’s view, retaining such material “would amount to a violation of the Fourth Amendment’s protections against wrongful searches and seizures.” D.E. 28 at 9. Although Plaintiff does not specify what material he contends was seized in excess of the search warrant, certain personal effects were commingled with classified material in the Seized Evidence, and they remain in the custody of the United States because of their evidentiary value. Personal effects without evidentiary value will be returned.

Nonetheless, contrary to Plaintiff’s contention, personal effects in these circumstances are not subject to return under Criminal Rule 41(g), for four independent reasons. First, the search warrant authorized seizing and retaining items in containers/boxes in which documents with classification markings were stored. See MJ Docket D.E. 17 at 4. Evidence of commingling personal effects with documents bearing classification markings is relevant evidence of the statutory offenses under investigation.

Second, even if the personal effects were outside the scope of the search warrant