Update on the state of play in the Mar-A-Lago search:
Trump filed a civil lawsuit last week in Florida seeking the appointment of a “special master” to go over all the recovered documents to protect any potential privilege claim, and requested the investigators not be allowed to continue examining documents til that’s done. This appears to have backfired; last night DOJ filed it’s reply to the motion, and it’s a doozy. This has allowed them to expound on what led to the search. It could not disclose much specific criminal evidence (this is civil, not criminal, and is before a different judge than the search warrant), but it’s also not redacted. A few highlights:
- Investigators have already gone through all the documents and a small amount of potentially attorney/client privileged documents were set aside by a filter team prior to examination. A separate risk assessment is also being done.
- FBI counterintelligence investigators had to get read in to additional security clearance levels (I assume SCI/SAP as they were going through the documents recovered in the spring’
- After the subpoena for classified documents in the spring, Trump’s team certified that a diligent search had been done, and that all responsive records brought from the White House had been located in the storage room. At this time, although investigators were shown the Mar-A-Lago storage room, they were not permitted to look in the boxes still there.
- Investigators then got new info that documents had been moved, concealed, and retained. They cite multiple sources of information for the investigation. It was after this that a warrant was sought.
- The warrant founds classified records not just in the boxes in the storage room, but also in Trump’s office, both boxes as well as a few loosely in his desk. This is where his passports came from; they were located with classified docs and seized as evidence. (My note- personal documents, notes, etc would absolutely be potential evidence of personal knowledge/possession and would be legitimately seized.) A redacted photo from the search shows at least 5 folders marked up to TS//SCI and others at Secret//SCI in his office.
- The search warrant allowed the search and seizure of all containers containing classified records, plus any containers stored with them, hence the seizure of other personal items and documents. See my note above re: passports.
- The search warrant recovered
more classified documents than had been turned over in response to the subpoena and the certified ‘diligent search’ that his lawyer signed off on. I.e., when served with a subpoena, less than half the classified materials present at Mar-A-Lago were turned over.
My personal opinions based on the assumption that they can prove in court what they filed last night:
- Someone is SUPER fucked for the big picture here. I don’t know who that is. Someone will be going to jail.
- Trump’s lawyer who signed off on the subpoena response is gonna go through some things. Signing that declaration it not something I would personally have chosen to stake a law license on.
- Trump himself is likely exposed to at least some amount of personal legal (criminal) jeopardy at this point.
- Investigstors believe they have a clear case for obstruction. Not clear if they have any specific individual dead to rights, but this clearly goes beyond accident or oversight.
- Someone currently or recently inside team Trump is snitching. Probably more than one person. Likely that investigators by now have solid leverage to flip others.
All that aside, I suspect the court in Florida will also find that it doesn’t have jurisdiction to hear this civil claim, and/or it’ll deny the relief sought because it’s not founded in law and is moot due to how long they waited.
Trump’s counsel have until 8 pm tonight to file a response, which will immediately be publicly available.
www.nationalreview.com
