Former President Donald Trump and his attorneys tried but failed to justify the contents of some 25 boxes of documents and miscellaneous materials removed Aug. 8 under a Department of Justice search warrant from the locked basement of his Palm Beach Mar-a-Lago residence. Trump, his attorneys and former aids tried to say that anything contained in boxes at Mar-a-Lago was declassified by the president, a process requiring involvement by various government departments. So, when it came to 184 classified documents, including 25 marked “To Secret”: were found in Feb. when Trump handed over to the National Archives some 15 boxes of materials. DOJ investigators got concerned that Trump was not releasing the bulk of materials deemed classified by the National Archives, seeking all, not some, of the documents Trump removed from the White House when he left office Jan. 20, 2020.
Calling the Fourth Amendment search-and-seizure of Mar-a-Lago documents “the Break-in of my home,” Trump told his audience on Truth Social that there was no justification for the DOJ and FBI raid on Mar-a-Lago. Well if the first batch of classified documents released to the National Archives were incomplete, what did Trump think the National Archives was supposed to do? Forget about the abundance of classified materials stored in Mar-a-Lago’s locked basement? DOJ officials had enough of Trump’s excuses for retaining at least 25 more boxes of materials, no matter how worthless to U.S. national security. “I believe that sealing this documents is necessary because the items and information to be seized are relevant to an ongoing investigation and the FBI has no yet identified all potential criminal consideration nor located all evidence related to its investigation,” said an unnamed FBI agent.
FBI officials said the redactions were necessary in the affidavit because it would compromise sources-and-methods used in the investigation. “Premature disclosure of the contents of this affidavit and related documents may have a significant and negative impact on the continuing investigation and may severely jeopardize the effectiveness by allowing criminal parties an opportunity to flee, destroy evidence [stored electronically or otherwise] change patters of behavior, and notify criminal confederates,” said the unnamed FBI agent. Releasing the redacted affidavit gave the public everything they need to know about the ongoing investigation into Trump’s violations of various federal records acts, including the Presidential Records Act, Title 18. Section 271 of the U.S. Code and the 1917 Espionage Act, all of which could carry criminal charges, essentially ending Trump’s bid to run in 2024.
Trump’s argument that this was all part of the same witch hunt that fabricated an FBI counterintelligence investigation of his 2016 presidential campaign does not excuse the fact that Trump and his handlers removed classified documents from the White House and stored them illegally in Mar-a-Lago’s basement. DOJ and FBI officials must ask themselves some tough questions regarding filing charges against Trump for violating various U.S. records; acts. What bothers Trump and his associates about the Mar-a-Lago raid was the fact that it was ordered by Deputy Atty. Gen. Lisa Monaco, the same person who conspired with 62-year-old former FBI Director James Comey who used Crossfire Hurricane to harass Trump for his 2016 campaign and the four years of his presidency. But when comes down to this time around, there’s not much Trump can say about violating U.S. record-keeping.
Trump’s legal arguments break down when he insists that he declassified all the documents found by the FBI at Mar-a-Lago. For that to happen, he would have asked various agencies to declassify documents retained by the White House and transported to a distant location in Palm Beach.. U.S. federal magistrate Bruce Reinhart approved the release of the redacted DOJ warrant due to the public’s compelling interest in the case. Media reports indicate that FBI agents have had their lives threatened for raiding Trump’s personal residence. Reinhart felt in releasing the redacted warrant the public would have more understanding of the basis for removing documents from Mar-a-Lago. Whether Trump broke technical aspects of various U.S. records acts, Atty. Gen. Merrick Garland must ask what compelling reason would there be to indict Trump. Clearly, the government established probable cause.
President Joe Biden, who defeated Trump in the Nov. 3, 2020 presidential election, as asked to comment about Trump’s retention of classified materials. “I just want you to know I’ve declassified everything in the world. I’m president. I can do it,” Biden said sarcastically, when asked about Trump record problems. “Come on,” Biden said, refusing to accept that any president can arbitrarily declassify documents at his whim. “The government has well-founded concerns that steps may be take to frustrate or otherwise interfere with this investigation if fact in the affidavit were prematurely discloses,” said a DOJ memo. Whatever federal records laws Trump breached, Garland will have to decide whether they’re compelling enough to indict a past president for the purpose of making him pay. Republicans say that if Trump is indicted, it would kill his plans for 2024.
About the Author
John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He’s editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.
