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U.S. federal judge unseals search warrant used on Trump's Mar-a-Lago estate

U.S. federal judge unseals search warrant used on Trump's Mar-a-Lago estate

CBC
Friday, August 12, 2022 10:02:28 PM UTC

The FBI recovered documents that were labelled "top secret" from former U.S. president Donald Trump's Mar-a-Lago estate in Florida, according to court papers released Friday after a federal judge unsealed the warrant that authorized the unprecedented search this week.

A property receipt unsealed by the court shows FBI agents took 11 sets of classified records from the estate during a search on Monday.

The seized records include some that were marked classified as top secret and also "sensitive compartmented information," a special category meant to protect the nation's most important secrets that if revealed publicly could cause "exceptionally grave" damage to U.S. interests. The court records did not provide specific details about the documents or what information they might contain.

The warrant details that federal agents were investigating potential violations of three different federal laws, including one that governs gathering, transmitting or losing defence information under the Espionage Act. The other statutes address the concealment, mutilation or removal of records and the destruction, alteration, or falsification of records in federal investigations.

The property receipt also showed federal agents collected other potential presidential records, including the order pardoning Trump ally Roger Stone, a "leatherbound box of documents," and information about the "President of France." A binder of photos, a handwritten note, "miscellaneous secret documents" and "miscellaneous confidential documents" were also seized in the search.

Trump's attorney, Christina Bobb, who was present at Mar-a-Lago when the agents conducted the search, signed both property receipts — one that was two pages long and another that is a single page.

In a statement earlier Friday, Trump claimed that the documents seized by agents at his Florida club situated on the estate were "all declassified," and argued that he would have turned over the documents to the Justice Department if asked.

While incumbent presidents have the power to declassify information, that authority lapses as soon as they leave office and it was not clear if the documents in question have ever been declassified. And even an incumbent's powers to declassify may be limited regarding secrets dealing with nuclear weapons programs, covert operations and operatives, and some data shared with allies.

Trump kept possession of the documents despite multiple requests from agencies, including the National Archives, to turn over presidential records in accordance with federal law.

The Mar-a-Lago search warrant served Monday was part of an ongoing Justice Department investigation into the discovery of classified White House records recovered from Trump's home earlier this year. The Archives had asked the department to investigate after saying 15 boxes of records it retrieved from the estate included classified records.

It remains unclear whether the Justice Department moved forward with the warrant simply as a means to retrieve the records or as part of a wider criminal investigation. Multiple federal laws govern the handling of classified information, with both criminal and civil penalties, as well as presidential records.

U.S. Magistrate Judge Bruce Reinhart, the same judge who signed off on the search warrant, unsealed the warrant and property receipt Friday at the request of the Justice Department after Attorney General Merrick Garland declared there was "substantial public interest in this matter," and Trump backed the warrant's "immediate" release. The Justice Department told the judge Friday afternoon that Trump's lawyers did not object to the proposal to make it public.

In messages posted on his Truth Social platform, Trump wrote, "Not only will I not oppose the release of documents ... I am going a step further by ENCOURAGING the immediate release of those documents."

The Justice Department's request is striking because such documents traditionally remain sealed during a pending investigation. But the department appeared to recognize that its silence since the search had created a vacuum for bitter verbal attacks by Trump and his allies, and that the public was entitled to the FBI's side about what prompted Monday's action at the former president's home.

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