FBI search warrant was seeking evidence about whether the mishandling of classified documents by Trump, including some marked top secret, amounted to a violation of three criminal statutes.
According
to report, Donald Trump is under criminal investigation for potential
violations of the Espionage Act and additional statutes relating to obstruction
of justice and destroying federal government records, according to the search
warrant executed by FBI agents at the former president’s home on Monday.
Most
notably, the search warrant authorized FBI agents to seize materials from
Trump’s Mar-a-Lago residence to investigate crimes in connection with the
Espionage Act, which outlaws the unauthorized retention of national security
information that could harm the United States or aid an adversary.
The other
statutes listed on the warrant include the federal law that makes it a crime to
destroy or conceal a document in order to obstruct a government investigation,
and the federal law that prohibits the unlawful removal of government documents
more generally.
The
inclusion of the obstruction statute could be an indication that the justice
department is investigating Trump not just over the potentially unlawful
retention of records, but also whether he attempted to impede a separate, or
wider, criminal inquiry.
The
disclosures, which came in an attachment to the search warrant, mark a dramatic
escalation in the justice department’s criminal inquiries into Trump. They
represent perhaps one of the most treacherous legal and political moments faced
to date by the former president.
A
conviction for violating any of the detailed laws would be severe: the
Espionage Act has a maximum penalty of 10 years in federal prison and the
statute for obstruction has a maximum penalty of 20 years, while the statute
for destruction of records can also bar anyone convicted from holding future
office.
The
contents of the search warrant became public days after FBI agents seized 11
boxes worth of materials from Trump’s Mar-a-Lago resort in Palm Beach, Florida,
including records considered so sensitive that they could not be individually
listed in the “receipt” of what was removed.
The most
sensitive set of documents removed from Trump’s post-presidency home in Florida
were listed generically as “Various Classified/TS/SCI” – the abbreviation for
top secret/sensitive compartmented information – the warrant shows.
FBI agents
retrieved a total of 11 sets of classified documents, some of which were marked
top secret, the Wall Street Journal first reported. Federal agents also took
away four sets of top secret documents, three sets of secret documents, and
three sets of confidential documents, the receipt showed.
The search
warrant receipt did not provide any further detail about the substance of the
classified documents. Other materials removed from Mar-a-Lago included binders
of photos, information on the “President of France”, and a grant of clemency
for the Trump political operative Roger Stone.
Caught at
the center of a rapidly escalating controversy, Trump lashed out at the justice
department on Friday, saying in a statement that he had declassified all of the
records in question. “It was all declassified,” Trump asserted.
The former
president’s claim was met with immediate scepticism, partly because the seized
documents appeared to retain their original classified markings, according to a
source familiar with the matter who spoke on the condition of anonymity to
discuss an open investigation.
Trump has
offered no details about how the supposed declassification took place, and a
former Trump administration aide, Kash Patel, has said that even though Trump
did declassify the records, the White House counsel’s office never provided the
required paperwork.
Whether
the former president actually declassified the documents may not ultimately
matter. The Espionage Act, for instance, does not distinguish between
classified and declassified materials – unauthorized retention of any document
relevant to the statute remains a crime.
Documents
marked as top secret are also meant only to be viewed in secure rooms known as
a sensitive compartmented information facilities, or SCIF, and their presence
in a basement storage area at Mar-a-Lago appears to satisfy the technical
elements of a violation of law.
In a
statement, the House intelligence committee chairman, Adam Schiff, said the
classified documents found at Mar-a-Lago were a potential security issue.
“Every day that information of such a classification sits in an unsecure
location is a risk to our national security,” Schiff said.
“The
protection of classified information, and particularly the protection of
sources and methods, is an issue of the highest priority for the intelligence
committee, and as we learn more, we will responsibly discharge our oversight
responsibilities,” Schiff said.
Calls and
texts to Trump’s lawyers and aides went unreturned after the contents of the
warrant became public on Friday. A spokesperson for the justice department
declined to comment.
The
disclosure of the contents of the search warrant and the receipt came hours
before the deadline for Trump and his legal team, led by Evan Corcoran, to
oppose a motion by the justice department to make public both documents, which
remain under seal.
The motion
to unseal, announced by Attorney General Merrick Garland in prepared remarks at
the justice department on Thursday, does not currently include the affidavit
accompanying the warrant that would give greater detail on the probable cause
that led to the approval of the Mar-a-Lago raid.
The House
intelligence committee chairman, Adam Schiff, released a statement regarding
the revelations about classified documents found at Mar-a-Lago.
“If reports are accurate and contained among these documents are some of the most highly classified information our government holds – information classified as top secret/secure compartmented information – then it would explain a great deal about why the department and the FBI took the step of obtaining a warrant to recover the documents,” Schiff said.
“It
appears that the FBI sought to remove those documents to a safe location
previously, but Trump did not fully cooperate. Every day that information of
such a classification sits in an unsecure location is a risk to our national
security. If any other individual had information of that nature in their
possession, the FBI would work quickly to mitigate the risks of disclosure.”
The
committee the California Democrat chairs oversees the FBI as well as other
federal law enforcement agencies.
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