Justice Department makes revised Mar-a-Lago affidavit public

The Justice Department made the RO public on Fridayedited affidavit Who supported the search of former President Donald Trump’s Mar-a-Lago estate in Florida.

After reviewing the DOJ’s proposed amendments on Thursday, a magistrate judge had said Order to file revised affidavit in public docket until Friday afternoon.

Photo: An aerial view shows President Donald Trump's Mar-a-Lago estate in Palm Beach, Fla., August 10, 2022.

An aerial view shows President Donald Trump’s Mar-a-Lago estate in Palm Beach, Fla., August 10, 2022.

Steve Halber / AP

A coalition of news organizations, including ABC News, argued that the release was in the public interest.

The FBI special agent tasked with writing the affidavit supporting the Mar-a-Lago search said that as a result of his ongoing criminal investigation he had “probable reason to believe that additional documents classified [National Defense Information] or which are presidential records, subject to the record retention requirements that currently remain [Mar a Lago],

“There is also likely reason to believe that evidence of the interruption will be found. [Mar a Lago]”The affidavit continues.

The revised affidavit is a total of 32 pages with attachments, including a May 25 letter signed by Evan Corcoran, a lawyer for former President Trump, who has been described as Trump officials with regards to the president’s record.

Unpublished portions of the affidavit display the timeline of the Justice Department’s investigation, leading to their unprecedented move to search the former president’s residence.

Photo: A police car is seen outside former US President Donald Trump's residence in Mar-a-Lago, Fla., on August 8, 2022.

A police car is seen outside former US President Donald Trump’s residence in Mar-a-Lago, Fla., on August 8, 2022.

Giorgio Viera/AFP via Getty Images, FILE

According to the affidavit, after a special agent of the Inspector General of the National Archives sent a criminal referral to the DOJ, it was disclosed that “highly classified records” were unearthed in 15 boxes handed over by Trump’s team in January, with otherwise innocuous documents. ,

The affidavit outlines further negotiations between NARA and Trump’s team to secure the return of improperly taken records from the White House.

Between May 16-18, the affidavit said, an FBI review revealed that those 15 boxes handed out in January 2021 contained a total of 184 documents with the following classifications:

67 documents marked as confidential 92 documents marked as SECRET25 documents marked as TOP SECRET

“Further,” the affidavit continues, “FBI agents saw markings indicating the following compartments/spread controls: HCS, FISA, Orcon, Noforan, and SI. Based on my training and experience, I know that at these levels Classified documents usually include [National Defense Information], Several documents also contained handwritten notes from FPOTUS.”

The affidavit details communications between the DOJ and one of Trump’s top attorneys, Ivan Corcoran, in May 2021, with Corcoran claiming that Trump had “absolute authority to declassify documents” and that the letter was in the case. Any grand jury investigating the matter had to be awarded.

The filing then references a public Breitbart article from May 5 featuring an interview with Kash Patel, a former top Trump aide, who sought to refute claims that Trump took classified material at Mar-a-Lago. because they claimed that Trump had collectively removed the docs. However, there is no such evidence, and Trump’s team has not produced any document that proves that much.

In a later affidavit, the DOJ detailed a letter to Corcoran from one of its attorneys that “repeatedly” Mar-a-Lago was not authorized to store classified information and requested that the room’s documents be further stored. was stored for safekeeping and the documents were “protected”. in that room until further notice.” This section of the DOJ makes no mention of instructing the president’s team to simply add a lock to the room, although Trump’s legal team has repeatedly claimed – it There is a direct request to the DOJ that the documents should not be taken from the room.

An unpublished header later read, “There is probable cause to believe that documents containing classified NDIs and presidential records remain on campus.”

And after several pages of revised lines, the affidavit agent concluded that, “Based on this investigation, I believe the storage room, the residential suite of FPOTUS, Pine Hall, “45 Offices,” and others within the complex The locations are not currently authorized locations for the storage of classified information or NDIs. Similarly, based on this investigation, I do not believe that any location within the PREMISES will be permitted at least since the end of the Presidential Administration of FPOTUS on 20 January The storage of classified information has been authorized since, 2021.”

“As described above, evidence of subject offenses has been collected at several places in the premises,” the affidavit said.

In his original request to seal the affidavit, the agent says it was necessary to keep it sealed because the FBI had not yet “identified all possible criminal associations nor explored all evidence related to its investigation.”

“Premature disclosure of the contents of this affidavit and related documents could have a significant and negative impact on continued investigation and seriously jeopardize its effectiveness by giving criminal parties the opportunity to escape, destroy evidence (stored electronically and otherwise) behavior, and notify criminal associations,” the affidavit said.

The affidavit also outlined the procedures agents would use to execute the search, that a privilege review team separate from the ‘case team’ would search Trump’s personal office and “be available to assist in the event that potential It is necessary to include attorney-client privileged information.”

“If the privilege review team determines that documents or data potentially do not constitute attorney-client privilege, they will be provided to law-enforcement personnel assigned to investigate,” the affidavit said. “If at any point the law-enforcement personnel assigned to the investigation subsequently identified any data or documents that they may have potential attorney-client privileges, they may review such identified data or documents.” and refer the material for privilege review. Team for further review by the Privilege Review Team.”

This is a developing story. Please check back for updates.

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