Trump lawyers find two more classified documents
at Florida storage unit
Discovery appears to confirm DoJ’s suspicions that
former president possessed additional government records, sources say
Hugo Lowell
in Washington
@hugolowell
Wed 7 Dec
2022 16.09 EST
https://www.theguardian.com/us-news/2022/dec/07/trump-classified-documents-found
Donald
Trump’s lawyers found at least two more documents bearing classification
markings inside boxes at a storage unit in Florida when they searched through
items that were brought from the White House at the end of his administration,
one source familiar with the matter said on Tuesday.
The new
discovery could exacerbate the former president’s legal exposure after the FBI
seized 103 documents marked classified at his Mar-a-Lago resort in August as
part of the justice department’s criminal investigation into the possible
unauthorized retention of national security information and obstruction of
justice.
The
presence of documents marked classified in a second location beyond Mar-a-Lago,
earlier reported by the Washington Post, appears to confirm the justice
department’s suspicions, communicated to Trump’s lawyers in October, that Trump
possessed additional government records.
Trump’s
lawyers found the documents after the former president retained an outside firm
to search four locations after a federal judge ordered his legal team to
conduct a more thorough search to make sure all documents marked classified had
been returned to the government.
The outside
firm ended up searching a number of Trump’s properties, according to another
source, including Trump Tower in New York, Trump Bedminster golf club in New
Jersey, the Mar-a-Lago resort and the external storage unit in West Palm Beach,
Florida, which has been understood to have been controlled by a federal agency.
According
to emails released by the General Services Administration, a government agency
that assists in presidential transitions, Trump used a storage facility in West
Palm Beach to hold some materials that were packed up from the White House and
had been temporarily held in Virginia.
That
storage facility was used to hold at least three pallets of boxes that had been
packed up by Trump White House staffers and the GSA initially transported to an
office space in Virginia before sending them to Florida in September 2021, the
emails show.
The
contents of the boxes in the pallets do not appear to have ever been
catalogued, the second source said. It was not clear whether the storage
facility referenced in the emails was the same storage unit where the new
documents were found – but it was the place from where Trump’s lawyers sent two
dozen boxes to the National Archives earlier this year.
The justice
department declined to comment. A Trump spokesman did not immediately respond
to a request for comment.
Trump’s
lawyers were ordered in recent weeks to conduct a more thorough search of items
in the former president’s possession by Beryl Howell, the chief US district
court judge for the District of Columbia, in a sealed order issued as part of a
closed-door court battle.
The order
capped a weeks-long process that started after the justice department expressed
concern that Trump still had additional documents marked classified in his
possession, potentially at other properties, after the FBI seized thousands of
materials at Mar-a-Lago on 8 August.
Trump was
served with a grand jury subpoena in May demanding the return of all government
records – bearing classification markings or otherwise – in the possession of
the “45 Office”, to which his lawyers responded by turning over a double-taped
folder containing responsive documents.
The
double-taped folder contained documents found by Trump attorney Evan Corcoran
in a basement storage room at Mar-a-Lago, the second source told the Guardian,
and got another Trump attorney Christina Bobb to sign a caveated attestation
certifying compliance with the subpoena.
But in the
following months, the justice department developed evidence that other
sensitive materials remained at Mar-a-Lago, and the FBI retrieved 103 documents
marked classified in Trump’s office and in the basement storage room, according
to the unsealed search warrant affidavit.
The justice
department then developed suspicions that Trump potentially was in possession
of still more government records he should no longer have access to, and
eventually asked Howell to intervene and order a second search of Trump’s
belongings, the second source said.
Former
Florida solicitor general Christopher Kise, who had by then been added to
Trump’s legal team, had suggested retaining an outside firm to conduct another
search even before the court order, though that idea was initially rejected by
some of the more bullish Trump lawyers on the team.
But when
the court order necessitated a more thorough search, Trump engaged the outside
firm. The FBI is understood to have been invited to observe the search of at
least one of the properties, but declined the offer, as is typical for searches
not done by law enforcement, the source said.
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