Tuesday’s filing represents the Justice Department’s strongest case yet that Trump hid classified material he kept at Mar-a-Lago in an effort to obstruct the FBI’s investigation into possible mishandling of classified material. Trump advanced an “incomplete and inaccurate narrative” in his recent court filings about the Mar-a-Lago investigation, the Justice Department said. “The government provides below a detailed recitation of the relevant facts, many of which are provided to correct the incomplete and inaccurate narrative presented in Plaintiff’s filings,” prosecutors wrote. It presents a powerful rebuttal to criticism of the FBI’s unprecedented search of a former president’s residence, laying bare how Trump failed to return dozens of classified documents even after his lawyer assured him he had provided all the classified material in his possession. A photo on the last page of the dossier showing classified documents strewn across the floor of Trump’s office — replete with classified indicia such as “HCS” or human confidential sources — demonstrated just how sensitive the footage Trump had taken was. At issue is Trump’s compliance with a grand jury subpoena issued in May demanding he turn over classified documents from Mar-a-Lago. Prosecutors said Tuesday that some documents were likely removed from a warehouse before Trump’s lawyers examined the area while trying to comply with the subpoena. The timing is significant because Trump’s lawyers later told investigators that they had searched the storage facility and that all classified documents had been logged. “The government also developed evidence that government records were likely concealed and removed from the Vault and that efforts were likely made to obstruct the government’s investigation,” prosecutors wrote. “This included evidence that boxes formerly in Storage were not returned prior to counsel’s review.” In the filing opposing Trump’s request, the Justice Department argues that the former president lacks jurisdiction over the presidential records “because those records do not belong to him,” since presidential records are considered government property. The Presidential Records Act makes clear that “[t]the United States” has “full ownership, possession and control thereof,” the DOJ filing said. Trump has argued that his constitutional rights have been violated and that some of the documents seized earlier this month contain material covered by privilege — particularly executive privilege. The Justice Department was ordered to file the filing by Judge Aileen Cannon, who has already indicated she is inclined to grant Trump’s request for third-party oversight of documents seized by the FBI at Mar-a-Lago. The role of a special master is to filter out any materials seized in a search that are not in the hands of investigators due to privilege. Special masters have been used in high-profile cases in the past, but usually in cases where the FBI has searched an attorney’s office or home and there is a need to filter material involving attorney-client privilege. Trump’s request focused on the need to protect documents involving executive privilege from his conduct as president. Messages from Cannon, a Trump appointee, that she is leaning toward appointing a special master in the Mar-a-Lago investigation have alarmed legal observers. First, Trump filed his nomination request two weeks after the search of his Florida home, risking the possibility that the Justice Department was already done with most of its review. Second, Trump and the judge have pointed to civil rules regarding special master appointments when the search warrant arises in a criminal context. Since the Aug. 8 investigation, a number of previously secret court filings the DOJ filed to obtain the warrant have been made public, in part because of a bid for transparency filed in court by various media organizations, including CNN. Those redacted documents revealed that the investigation was linked to a Justice Department investigation into alleged violations of the Espionage Act, criminal mishandling of government documents and obstruction of justice. According to an FBI affidavit released last week, an FBI review of 15 boxes recovered by the National Archives from Mar-a-Lago in January found 184 classified documents — some of which were identified as highly sensitive government documents. Trump, in seeking the special master, has highlighted in court filings the lack of criminal enforcement of the Presidential Records Act, a Watergate-era law that sets out the process for preserving presidential records. He did not mention the three criminal laws cited by the Justice Department in the warrant documents. Trump’s lawyers have also highlighted his supposedly unlimited ability as president to declassify documents, although the statute in question does not require the material to be discarded.
Trump’s lawyer limited what the Justice Department could review during the June visit
A senior Justice Department official maintains that federal investigators were limited in what they could look at when they visited the resort in June — contrary to the Trump team’s narrative of full cooperation. Trump’s lawyer asked the FBI to come to the resort to retrieve the documents after the Trump team received a grand jury subpoena in May, requesting any material marked classified, according to the Justice Department. The DOJ account also undermined claims by Trump and his allies that the former president had declassified the materials in question. “When producing the documents, neither counsel nor the custodian asserted that the former President had declassified the documents or that he had claimed executive privilege,” the filing said. “Instead, counsel handled them in a manner that suggested counsel believed the documents were confidential: the production included a single Redweld envelope, double-wrapped in tape, containing the document.” In the Justice Department account, Trump’s lawyer said all other documents from the Trump White House were kept in the warehouse at Mar-a-Lago. “Counsel further argued that there were no other records stored in any private office space or other location on the premises and that all available boxes were searched,” the filing said. Prosecutors confirmed Trump’s claim that visiting DOJ and FBI officials were allowed to visit the storage facility. “Crucially, however, counsel for the former president expressly prohibited government personnel from opening or looking inside any of the boxes that remained in storage, without giving the government an opportunity to confirm that no classified documents remained.” , the DOJ said.
DOJ reveals procedures related to Mar-a-Lago investigation taking place in DC
The Justice Department confirmed that grand jury subpoenas had been issued in its investigation, and in doing so, prosecutors indicated that proceedings related to the investigation were taking place in secret in federal court in Washington, DC. Referring to a subpoena issued in May for “[a]ny and all classified documents or writings in the custody or control of Donald J. Trump and/or the Office of Donald J. Trump [list of classification markings],” the Justice Department said in a footnote that it had been authorized by Chief Judge Beryl Howell in the D.C. District Court to disclose those grand jury subpoenas. The reference to her suggests that in addition to Judge Bruce Reinhart and Cannon in Florida, a third judge is now involved in the DOJ investigation. “The former President disclosed this subpoena and a videotaping subpoena at the premises in his Court filings,” the footnote reads. “Then, on August 29, 2022, Chief Judge Howell in the District of Columbia authorized the government to disclose to this Court those grand jury subpoenas and the material discussed herein.” This story has been updated with additional details.
title: “Mar A Lago Probe Justice Department Says Documents Likely Hidden And Removed From Warehouse Klmat” ShowToc: true date: “2022-11-16” author: “Nellie Jones”
Tuesday’s filing represents the Justice Department’s strongest case yet that Trump hid classified material he kept at Mar-a-Lago in an effort to obstruct the FBI’s investigation into possible mishandling of classified material. Trump advanced an “incomplete and inaccurate narrative” in his recent court filings about the Mar-a-Lago investigation, the Justice Department said. “The government provides below a detailed recitation of the relevant facts, many of which are provided to correct the incomplete and inaccurate narrative presented in Plaintiff’s filings,” prosecutors wrote. It presents a powerful rebuttal to criticism of the FBI’s unprecedented search of a former president’s residence, laying bare how Trump failed to return dozens of classified documents even after his lawyer assured him he had provided all the classified material in his possession. A photo on the last page of the dossier showing classified documents strewn across the floor of Trump’s office — replete with classified indicia such as “HCS” or human confidential sources — demonstrated just how sensitive the footage Trump had taken was. At issue is Trump’s compliance with a grand jury subpoena issued in May demanding he turn over classified documents from Mar-a-Lago. Prosecutors said Tuesday that some documents were likely removed from a warehouse before Trump’s lawyers examined the area while trying to comply with the subpoena. The timing is significant because Trump’s lawyers later told investigators that they had searched the storage facility and that all classified documents had been logged. “The government also developed evidence that government records were likely concealed and removed from the Vault and that efforts were likely made to obstruct the government’s investigation,” prosecutors wrote. “This included evidence that boxes formerly in Storage were not returned prior to counsel’s review.” In the filing opposing Trump’s request, the Justice Department argues that the former president lacks jurisdiction over the presidential records “because those records do not belong to him,” since presidential records are considered government property. The Presidential Records Act makes clear that “[t]the United States” has “full ownership, possession and control thereof,” the DOJ filing said. Trump has argued that his constitutional rights have been violated and that some of the documents seized earlier this month contain material covered by privilege — particularly executive privilege. The Justice Department was ordered to file the filing by Judge Aileen Cannon, who has already indicated she is inclined to grant Trump’s request for third-party oversight of documents seized by the FBI at Mar-a-Lago. The role of a special master is to filter out any materials seized in a search that are not in the hands of investigators due to privilege. Special masters have been used in high-profile cases in the past, but usually in cases where the FBI has searched an attorney’s office or home and there is a need to filter material involving attorney-client privilege. Trump’s request focused on the need to protect documents involving executive privilege from his conduct as president. Messages from Cannon, a Trump appointee, that she is leaning toward appointing a special master in the Mar-a-Lago investigation have alarmed legal observers. First, Trump filed his nomination request two weeks after the search of his Florida home, risking the possibility that the Justice Department was already done with most of its review. Second, Trump and the judge have pointed to civil rules regarding special master appointments when the search warrant arises in a criminal context. Since the Aug. 8 investigation, a number of previously secret court filings the DOJ filed to obtain the warrant have been made public, in part because of a bid for transparency filed in court by various media organizations, including CNN. Those redacted documents revealed that the investigation was linked to a Justice Department investigation into alleged violations of the Espionage Act, criminal mishandling of government documents and obstruction of justice. According to an FBI affidavit released last week, an FBI review of 15 boxes recovered by the National Archives from Mar-a-Lago in January found 184 classified documents — some of which were identified as highly sensitive government documents. Trump, in seeking the special master, has highlighted in court filings the lack of criminal enforcement of the Presidential Records Act, a Watergate-era law that sets out the process for preserving presidential records. He did not mention the three criminal laws cited by the Justice Department in the warrant documents. Trump’s lawyers have also highlighted his supposedly unlimited ability as president to declassify documents, although the statute in question does not require the material to be discarded.
Trump’s lawyer limited what the Justice Department could review during the June visit
A senior Justice Department official maintains that federal investigators were limited in what they could look at when they visited the resort in June — contrary to the Trump team’s narrative of full cooperation. Trump’s lawyer asked the FBI to come to the resort to retrieve the documents after the Trump team received a grand jury subpoena in May, requesting any material marked classified, according to the Justice Department. The DOJ account also undermined claims by Trump and his allies that the former president had declassified the materials in question. “When producing the documents, neither counsel nor the custodian asserted that the former President had declassified the documents or that he had claimed executive privilege,” the filing said. “Instead, counsel handled them in a manner that suggested counsel believed the documents were confidential: the production included a single Redweld envelope, double-wrapped in tape, containing the document.” In the Justice Department account, Trump’s lawyer said all other documents from the Trump White House were kept in the warehouse at Mar-a-Lago. “Counsel further argued that there were no other records stored in any private office space or other location on the premises and that all available boxes were searched,” the filing said. Prosecutors confirmed Trump’s claim that visiting DOJ and FBI officials were allowed to visit the storage facility. “Crucially, however, counsel for the former president expressly prohibited government personnel from opening or looking inside any of the boxes that remained in storage, without giving the government an opportunity to confirm that no classified documents remained.” , the DOJ said.
DOJ reveals procedures related to Mar-a-Lago investigation taking place in DC
The Justice Department confirmed that grand jury subpoenas had been issued in its investigation, and in doing so, prosecutors indicated that proceedings related to the investigation were taking place in secret in federal court in Washington, DC. Referring to a subpoena issued in May for “[a]ny and all classified documents or writings in the custody or control of Donald J. Trump and/or the Office of Donald J. Trump [list of classification markings],” the Justice Department said in a footnote that it had been authorized by Chief Judge Beryl Howell in the D.C. District Court to disclose those grand jury subpoenas. The reference to her suggests that in addition to Judge Bruce Reinhart and Cannon in Florida, a third judge is now involved in the DOJ investigation. “The former President disclosed this subpoena and a videotaping subpoena at the premises in his Court filings,” the footnote reads. “Then, on August 29, 2022, Chief Judge Howell in the District of Columbia authorized the government to disclose to this Court those grand jury subpoenas and the material discussed herein.” This story has been updated with additional details.
title: “Mar A Lago Probe Justice Department Says Documents Likely Hidden And Removed From Warehouse Klmat” ShowToc: true date: “2022-11-08” author: “Melissa Brown”
Tuesday’s filing represents the Justice Department’s strongest case yet that Trump hid classified material he kept at Mar-a-Lago in an effort to obstruct the FBI’s investigation into possible mishandling of classified material. Trump advanced an “incomplete and inaccurate narrative” in his recent court filings about the Mar-a-Lago investigation, the Justice Department said. “The government provides below a detailed recitation of the relevant facts, many of which are provided to correct the incomplete and inaccurate narrative presented in Plaintiff’s filings,” prosecutors wrote. It presents a powerful rebuttal to criticism of the FBI’s unprecedented search of a former president’s residence, laying bare how Trump failed to return dozens of classified documents even after his lawyer assured him he had provided all the classified material in his possession. A photo on the last page of the dossier showing classified documents strewn across the floor of Trump’s office — replete with classified indicia such as “HCS” or human confidential sources — demonstrated just how sensitive the footage Trump had taken was. At issue is Trump’s compliance with a grand jury subpoena issued in May demanding he turn over classified documents from Mar-a-Lago. Prosecutors said Tuesday that some documents were likely removed from a warehouse before Trump’s lawyers examined the area while trying to comply with the subpoena. The timing is significant because Trump’s lawyers later told investigators that they had searched the storage facility and that all classified documents had been logged. “The government also developed evidence that government records were likely concealed and removed from the Vault and that efforts were likely made to obstruct the government’s investigation,” prosecutors wrote. “This included evidence that boxes formerly in Storage were not returned prior to counsel’s review.” In the filing opposing Trump’s request, the Justice Department argues that the former president lacks jurisdiction over the presidential records “because those records do not belong to him,” since presidential records are considered government property. The Presidential Records Act makes clear that “[t]the United States” has “full ownership, possession and control thereof,” the DOJ filing said. Trump has argued that his constitutional rights have been violated and that some of the documents seized earlier this month contain material covered by privilege — particularly executive privilege. The Justice Department was ordered to file the filing by Judge Aileen Cannon, who has already indicated she is inclined to grant Trump’s request for third-party oversight of documents seized by the FBI at Mar-a-Lago. The role of a special master is to filter out any materials seized in a search that are not in the hands of investigators due to privilege. Special masters have been used in high-profile cases in the past, but usually in cases where the FBI has searched an attorney’s office or home and there is a need to filter material involving attorney-client privilege. Trump’s request focused on the need to protect documents involving executive privilege from his conduct as president. Messages from Cannon, a Trump appointee, that she is leaning toward appointing a special master in the Mar-a-Lago investigation have alarmed legal observers. First, Trump filed his nomination request two weeks after the search of his Florida home, risking the possibility that the Justice Department was already done with most of its review. Second, Trump and the judge have pointed to civil rules regarding special master appointments when the search warrant arises in a criminal context. Since the Aug. 8 investigation, a number of previously secret court filings the DOJ filed to obtain the warrant have been made public, in part because of a bid for transparency filed in court by various media organizations, including CNN. Those redacted documents revealed that the investigation was linked to a Justice Department investigation into alleged violations of the Espionage Act, criminal mishandling of government documents and obstruction of justice. According to an FBI affidavit released last week, an FBI review of 15 boxes recovered by the National Archives from Mar-a-Lago in January found 184 classified documents — some of which were identified as highly sensitive government documents. Trump, in seeking the special master, has highlighted in court filings the lack of criminal enforcement of the Presidential Records Act, a Watergate-era law that sets out the process for preserving presidential records. He did not mention the three criminal laws cited by the Justice Department in the warrant documents. Trump’s lawyers have also highlighted his supposedly unlimited ability as president to declassify documents, although the statute in question does not require the material to be discarded.
Trump’s lawyer limited what the Justice Department could review during the June visit
A senior Justice Department official maintains that federal investigators were limited in what they could look at when they visited the resort in June — contrary to the Trump team’s narrative of full cooperation. Trump’s lawyer asked the FBI to come to the resort to retrieve the documents after the Trump team received a grand jury subpoena in May, requesting any material marked classified, according to the Justice Department. The DOJ account also undermined claims by Trump and his allies that the former president had declassified the materials in question. “When producing the documents, neither counsel nor the custodian asserted that the former President had declassified the documents or that he had claimed executive privilege,” the filing said. “Instead, counsel handled them in a manner that suggested counsel believed the documents were confidential: the production included a single Redweld envelope, double-wrapped in tape, containing the document.” In the Justice Department account, Trump’s lawyer said all other documents from the Trump White House were kept in the warehouse at Mar-a-Lago. “Counsel further argued that there were no other records stored in any private office space or other location on the premises and that all available boxes were searched,” the filing said. Prosecutors confirmed Trump’s claim that visiting DOJ and FBI officials were allowed to visit the storage facility. “Crucially, however, counsel for the former president expressly prohibited government personnel from opening or looking inside any of the boxes that remained in storage, without giving the government an opportunity to confirm that no classified documents remained.” , the DOJ said.
DOJ reveals procedures related to Mar-a-Lago investigation taking place in DC
The Justice Department confirmed that grand jury subpoenas had been issued in its investigation, and in doing so, prosecutors indicated that proceedings related to the investigation were taking place in secret in federal court in Washington, DC. Referring to a subpoena issued in May for “[a]ny and all classified documents or writings in the custody or control of Donald J. Trump and/or the Office of Donald J. Trump [list of classification markings],” the Justice Department said in a footnote that it had been authorized by Chief Judge Beryl Howell in the D.C. District Court to disclose those grand jury subpoenas. The reference to her suggests that in addition to Judge Bruce Reinhart and Cannon in Florida, a third judge is now involved in the DOJ investigation. “The former President disclosed this subpoena and a videotaping subpoena at the premises in his Court filings,” the footnote reads. “Then, on August 29, 2022, Chief Judge Howell in the District of Columbia authorized the government to disclose to this Court those grand jury subpoenas and the material discussed herein.” This story has been updated with additional details.
title: “Mar A Lago Probe Justice Department Says Documents Likely Hidden And Removed From Warehouse Klmat” ShowToc: true date: “2022-11-15” author: “Corey Stout”
Tuesday’s filing represents the Justice Department’s strongest case yet that Trump hid classified material he kept at Mar-a-Lago in an effort to obstruct the FBI’s investigation into possible mishandling of classified material. Trump advanced an “incomplete and inaccurate narrative” in his recent court filings about the Mar-a-Lago investigation, the Justice Department said. “The government provides below a detailed recitation of the relevant facts, many of which are provided to correct the incomplete and inaccurate narrative presented in Plaintiff’s filings,” prosecutors wrote. It presents a powerful rebuttal to criticism of the FBI’s unprecedented search of a former president’s residence, laying bare how Trump failed to return dozens of classified documents even after his lawyer assured him he had provided all the classified material in his possession. A photo on the last page of the dossier showing classified documents strewn across the floor of Trump’s office — replete with classified indicia such as “HCS” or human confidential sources — demonstrated just how sensitive the footage Trump had taken was. At issue is Trump’s compliance with a grand jury subpoena issued in May demanding he turn over classified documents from Mar-a-Lago. Prosecutors said Tuesday that some documents were likely removed from a warehouse before Trump’s lawyers examined the area while trying to comply with the subpoena. The timing is significant because Trump’s lawyers later told investigators that they had searched the storage facility and that all classified documents had been logged. “The government also developed evidence that government records were likely concealed and removed from the Vault and that efforts were likely made to obstruct the government’s investigation,” prosecutors wrote. “This included evidence that boxes formerly in Storage were not returned prior to counsel’s review.” In the filing opposing Trump’s request, the Justice Department argues that the former president lacks jurisdiction over the presidential records “because those records do not belong to him,” since presidential records are considered government property. The Presidential Records Act makes clear that “[t]the United States” has “full ownership, possession and control thereof,” the DOJ filing said. Trump has argued that his constitutional rights have been violated and that some of the documents seized earlier this month contain material covered by privilege — particularly executive privilege. The Justice Department was ordered to file the filing by Judge Aileen Cannon, who has already indicated she is inclined to grant Trump’s request for third-party oversight of documents seized by the FBI at Mar-a-Lago. The role of a special master is to filter out any materials seized in a search that are not in the hands of investigators due to privilege. Special masters have been used in high-profile cases in the past, but usually in cases where the FBI has searched an attorney’s office or home and there is a need to filter material involving attorney-client privilege. Trump’s request focused on the need to protect documents involving executive privilege from his conduct as president. Messages from Cannon, a Trump appointee, that she is leaning toward appointing a special master in the Mar-a-Lago investigation have alarmed legal observers. First, Trump filed his nomination request two weeks after the search of his Florida home, risking the possibility that the Justice Department was already done with most of its review. Second, Trump and the judge have pointed to civil rules regarding special master appointments when the search warrant arises in a criminal context. Since the Aug. 8 investigation, a number of previously secret court filings the DOJ filed to obtain the warrant have been made public, in part because of a bid for transparency filed in court by various media organizations, including CNN. Those redacted documents revealed that the investigation was linked to a Justice Department investigation into alleged violations of the Espionage Act, criminal mishandling of government documents and obstruction of justice. According to an FBI affidavit released last week, an FBI review of 15 boxes recovered by the National Archives from Mar-a-Lago in January found 184 classified documents — some of which were identified as highly sensitive government documents. Trump, in seeking the special master, has highlighted in court filings the lack of criminal enforcement of the Presidential Records Act, a Watergate-era law that sets out the process for preserving presidential records. He did not mention the three criminal laws cited by the Justice Department in the warrant documents. Trump’s lawyers have also highlighted his supposedly unlimited ability as president to declassify documents, although the statute in question does not require the material to be discarded.
Trump’s lawyer limited what the Justice Department could review during the June visit
A senior Justice Department official maintains that federal investigators were limited in what they could look at when they visited the resort in June — contrary to the Trump team’s narrative of full cooperation. Trump’s lawyer asked the FBI to come to the resort to retrieve the documents after the Trump team received a grand jury subpoena in May, requesting any material marked classified, according to the Justice Department. The DOJ account also undermined claims by Trump and his allies that the former president had declassified the materials in question. “When producing the documents, neither counsel nor the custodian asserted that the former President had declassified the documents or that he had claimed executive privilege,” the filing said. “Instead, counsel handled them in a manner that suggested counsel believed the documents were confidential: the production included a single Redweld envelope, double-wrapped in tape, containing the document.” In the Justice Department account, Trump’s lawyer said all other documents from the Trump White House were kept in the warehouse at Mar-a-Lago. “Counsel further argued that there were no other records stored in any private office space or other location on the premises and that all available boxes were searched,” the filing said. Prosecutors confirmed Trump’s claim that visiting DOJ and FBI officials were allowed to visit the storage facility. “Crucially, however, counsel for the former president expressly prohibited government personnel from opening or looking inside any of the boxes that remained in storage, without giving the government an opportunity to confirm that no classified documents remained.” , the DOJ said.
DOJ reveals procedures related to Mar-a-Lago investigation taking place in DC
The Justice Department confirmed that grand jury subpoenas had been issued in its investigation, and in doing so, prosecutors indicated that proceedings related to the investigation were taking place in secret in federal court in Washington, DC. Referring to a subpoena issued in May for “[a]ny and all classified documents or writings in the custody or control of Donald J. Trump and/or the Office of Donald J. Trump [list of classification markings],” the Justice Department said in a footnote that it had been authorized by Chief Judge Beryl Howell in the D.C. District Court to disclose those grand jury subpoenas. The reference to her suggests that in addition to Judge Bruce Reinhart and Cannon in Florida, a third judge is now involved in the DOJ investigation. “The former President disclosed this subpoena and a videotaping subpoena at the premises in his Court filings,” the footnote reads. “Then, on August 29, 2022, Chief Judge Howell in the District of Columbia authorized the government to disclose to this Court those grand jury subpoenas and the material discussed herein.” This story has been updated with additional details.