News of the day...NYT
Files Seized From Trump Are Part of Espionage Act Inquiry
The materials included some marked as top secret and meant to be viewed only in secure government facilities, according to a copy of the warrant.
Federal agents removed top secret documents when they searched former President Donald J. Trump’s Florida residence on Monday as part of an investigation into possible violations of the Espionage Act and other laws, according to a
search warrant made public on Friday.
F.B.I. agents seized 11 sets of documents in all, including some marked as “classified/TS/SCI” — shorthand for “top secret/sensitive compartmented information,” according to an inventory of the materials seized in the search. Information categorized in that fashion is meant to be viewed only in a secure government facility.
It was the latest stunning revelation from the series of investigations swirling around his efforts to retain power after his election loss, his business practices and, in this case, his handling of government material that he took with him when he left the White House.
The results of the search showed that material designated as closely guarded national secrets was being held at an unsecured resort club, Mar-a-Lago, owned and occupied by a former president who has long shown a disdain for careful handling of classified information.
The documents released on Friday also made clear for the first time the gravity of the possible crimes under investigation in an inquiry that has generated denunciations of the Justice Department and the F.B.I. from prominent Republicans and fueled the anger of Mr. Trump, a likely 2024 presidential candidate.
In total, agents collected four sets of top secret documents, three sets of secret documents and three sets of confidential documents, the inventory showed. Also taken by the F.B.I. agents were files pertaining to the pardon of Roger J. Stone Jr., a longtime associate of Mr. Trump, and material about President Emmanuel Macron of France — along with more than a dozen boxes labeled only by number.
The disclosure of the search warrant and the inventory made clear the stakes of the collision between a Justice Department saying it is intent on enforcing federal law at the highest levels and a former president whose norm-shattering behavior includes exhibiting a proprietary view of material that legally belongs to the government.
It is not clear why Mr. Trump apparently chose to hang onto materials that would ignite another legal firestorm around him. But last year, he told close associates that he regarded some presidential documents as his own personal property. When speaking about his friendly correspondence with the North Korean leader Kim Jong-un, Mr. Trump said, “They’re mine,” according to a person familiar with the exchange.
Even though the F.B.I.’s inventory of materials seized from Mar-a-Lago indicated that numerous files had markings like “top secret,” Mr. Trump said on Friday that he had declassified all the material. Presidents wield sweeping power to declassify documents, although normally when that happens such markings are removed.
But even if Mr. Trump declassified the information before he left office, none of the three potential crimes cited by the department in seeking the warrant
depend on whether a mishandled document has been deemed classified.
The warrant said the agents would be searching for material as they investigated potential violations of the Espionage Act, which outlaws the unauthorized retention of defense-related information that could harm the United States or aid a foreign adversary — a standard that was written by Congress before the creation of the modern classification system.
It also cited a federal law that makes it a crime to destroy or conceal a document to obstruct a government investigation, and another statute that bars the unlawful taking or destruction of government records or documents.
The existence of a search warrant does not mean the Justice Department has decided to pursue criminal charges against anyone. Mr. Trump has repeatedly said he did nothing wrong.
A federal court in Florida unsealed the search warrant and the inventory on Friday after a request from the Justice Department a day earlier to make them public. Sections of the warrant and the accompanying inventory were reported earlier in the
The Wall Street Journal, and The New York Times obtained them as well before they were unsealed.
The warrant appears to have given agents broad latitude in searching for materials deemed to be improperly stored at Mar-a-Lago, allowing access to “the 45 Office” and “all storage rooms and all other rooms or areas” on the premises that might be used to store documents.
The most informative and sensitive document —
the Justice Department’s application for the warrant, which most likely included an affidavit detailing the evidence that persuaded a judge there was probable cause to believe that a search would find evidence of crimes — was not among the documents the department asked to unseal. It is unlikely to become public soon if ever.
The documents did little to answer several fundamental questions about the daylong search, including its timing. It took place after months of negotiations between the department and the former president’s lawyers.