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MAR-a-LAGO CLASSIFIED PAPERS HELD US SECRETS about IRAN and CHINA
Iran’s missile program, U.S. intelligence work aimed at China were among the most sensitive material seized by the FBI, people familiar with the matter say
By Devlin Barrett
Published October 21, 2022 at 11:00 a.m. EDT
Some of the classified documents recovered by the FBI from Donald Trump’s Mar-a-Lago home and private club included highly sensitive intelligence regarding Iran and China, according to people familiar with the matter. If shared with others, the people said, such information could expose intelligence-gathering methods that the United States wants to keep hidden from the world.
At least one of the documents seized by the FBI describes Iran’s missile program, according to these people, who spoke on the condition of anonymity to describe an ongoing investigation. Other documents described highly sensitive intelligence work aimed at China, they said.
Unauthorized disclosures of specific information in the documents would pose multiple risks, experts say. People aiding U.S. intelligence efforts could be endangered, and collection methods could be compromised. In addition, other countries or U.S. adversaries could retaliate against the United States for actions it has taken in secret.
The classified documents about Iran and China are considered among the most sensitive the FBI has recovered to date in its investigation of Trump and his aides for possible mishandling of classified information, obstruction and destruction of government records, the people said. The criminal probe is unfolding even as the Justice Department and a district attorney in Georgia investigate alleged efforts by Trump and others to overturn the results of the 2020 presidential election, and as a House select committee has subpoenaed the former president seeking documents and testimony related to those allegations.
Trump has denied wrongdoing in having the documents at Mar-a-Lago, claiming in a recent television interview that he declassified any documents in his possession, and that a president can declassify information “even by thinking about it.” National security lawyers have derided those claims.
A spokesman for the former president did not respond to requests for comment Friday morning. But after this article published online, Trump posted on social media, decrying what he called leaks “on the Document Hoax” and suggesting that the FBI and the National Archives and Records Administration were trying to frame him.
“Who could ever trust corrupt, weaponized agencies, and that includes NARA,” Trump wrote. “ … Also who knows what NARA and the FBI plant into documents, or subtract from documents — we will never know, will we?”
Some of the most sensitive materials were recovered in the FBI’s court-approved search of Trump’s home on Aug. 8, in which agents seized about 13,000 documents, 103 of them classified and 18 of them top secret, according to court papers.
Those papers were the third batch of classified documents recovered in the course of the investigation. Boxes voluntarily sent from Mar-a-Lago to the National Archives and Records Administration earlier this year were found to contain 184 classified documents, 25 of which were marked top secret, according to court records. In June, Trump’s representatives responded to a subpoena by giving investigators 38 additional classified documents.
The Washington Post has previously reported that one of the documents seized in the FBI search described a foreign country’s military defenses, including its nuclear capabilities. The people discussing the case would not say if that intelligence related to Iran, China or some other nation. Iran’s missile program and nuclear capabilities are closely watched by the Western world; U.S. intelligence agencies believe Tehran is close to having enough fissile material for a nuclear weapon, but has not demonstrated the mastery of some technologies necessary to deploy such weapons, such as the ability to integrate a nuclear warhead with a long-range delivery system.
The people familiar with the matter said that many of the more sensitive documents Trump or his aides apparently took to Mar-a-Lago after he left the White House are top-level analysis papers that do not contain sources’ names. But even without individual identifiers, such documents can provide valuable clues to foreign adversaries about how the United States may be gathering intelligence, and from whom, the people said.
Some of the seized documents detail top-secret U.S. operations so closely guarded that many senior national security officials are not informed about them, The Post reported in September. Only the president, some members of his Cabinet or a near-Cabinet-level official could authorize government officials to know details of these special-access programs, people have said. Investigators conducting the Mar-a-Lago probe did not initially have the authority to review that material.
The new information about the documents obtained by The Post highlight what current and former intelligence officials say was the inherent risk posed by removing highly classified material from strictly guarded government buildings and keeping them in a private club filled with staffers, guests and visitors.
David Laufman, a former senior Justice Department official who handled cases involving mishandling of classified information, said the “exceptional sensitivity” of the material found at Mar-a-Lago will count as an aggravating factor as prosecutors weigh whether to file charges in the case.
“The exceptional sensitivity of these documents, and the reckless exposure of invaluable sources and methods of U.S. intelligence capabilities concerning these foreign adversaries, will certainly influence the Justice Department’s determination of whether to charge Mr. Trump or others with willful retention of national defense information under the Espionage Act,” Laufman said.
The FBI referred questions about the documents to the Justice Department, which declined to comment for this article.
Trump and his most ardent supporters have dismissed the criminal probe as an effort to undermine the former president — who remains the most influential figure in the Republican Party and talks openly about running for the White House again in 2024.
Officials at the National Archives began seeking the return of government records from the Trump administration last year, after officials came to believe that some records — such as letters from North Korean leader Kim Jong Un — were unaccounted for, and perhaps in Trump’s possession.
After months of back and forth, Trump agreed in January to turn over 15 boxes of material. When archivists examined the boxes, they found 184 documents marked classified, including 25 marked top secret, which were scattered throughout the boxes in no particular order, according to court filings.
Archives officials notified the Justice Department, and authorities soon came to believe that Trump had not turned over all the classified material in his possession. Justice officials secured a grand jury subpoena in May, seeking any documents still at Mar-a-Lago that bore classified markings. In response, Trump’s advisers met with government agents and prosecutors at Mar-a-Lago in early June, handing over a sealed envelope containing another 38 classified documents, including 17 marked top secret, according to court papers.
According to government filings, Trump’s representatives claimed at the meeting that a diligent search had been conducted for all classified documents at the club.
That meeting, which included a visit to the storage room where Trump’s advisers said the relevant boxes of documents were kept, did not satisfy investigators, who were not allowed to inspect the boxes they saw in the storage room, according to government court filings.
Five days later, senior Justice Department official Jay Bratt wrote to Trump’s lawyers to remind them that Mar-a-Lago “does not include a secure location authorized for the storage of classified information.” Bratt wrote that based on the visit, it appeared classified documents “have not been handled in an appropriate manner or stored in an appropriate location.”
“Accordingly, we ask that the room at Mar-a-Lago where the documents had been stored be secured and that all of the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until further notice.”
Agents continued to gather evidence that Trump was apparently not complying with either government requests or subpoena demands. According to people familiar with the investigation, security camera footage showed boxes being carried from the storage area after the May subpoena was issued — and a key witness told the FBI that he moved the boxes at Trump’s instruction.
With that evidence in hand, the Justice Department decided to seek a judge’s approval to search the former president’s home.
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Politics
Takeaways from the unsealed Mar-a-Lago search affidavit
By JILL COLVIN and NOMAAN MERCHANT@AP NEWS
WASHINGTON (AP) — The Justice Department on Friday unsealed the FBI affidavit justifying the unprecedented search of former President Donald Trump’s Mar-a-Lago estate. While the document released is highly redacted, with many of its 32 pages crossed out in black blocks, it includes new details about the sheer volume of sensitive and highly classified information that was stored at the former president’s Florida beachfront home, underscoring the government’s concerns about its safety.
Here are top takeaways of what the document revealed:
- TRUMP HAD ‘A LOT’ OF CLASSIFIED MATERIAL STORED AT HIS CLUB
While the affidavit doesn’t provide new details about the 11 sets of classified records that were recovered during the FBI’s Aug. 8 search of Trump’s winter home, it does help to explain why the Justice Department believed that retrieving the outstanding documents was necessary.
Federal investigators knew months before the search that Trump had been storing top secret government records at Mar-a-Lago, a private club accessible not only to Trump, his staff and his family, but paying members and their guests, along with a revolving door of attendees at various functions, including weddings, paid political fundraisers and charity galas.
The affidavit notes that Mar-a-Lago storage areas, Trump’s office, his residential suite and other areas at the club where documents were suspected to still be kept were not authorized locations for the storage of classified information. Indeed, it notes that no space at Mar-a-Lago had been authorized for the storage of classified information at least since the end of Trump’s term in office.
Yet the affidavit reveals that, of the batch of 15 boxes that the National Archives and Records Administration retrieved from Trump’s home in January, 14 contained documents with classification markings. Inside, they found 184 documents bearing classification markings, including 67 marked confidential, 92 secret and 25 top secret.
The Archives referred the matter to the Justice Department on Feb. 9 after a preliminary review of the boxes found what they described as “a lot of classified records."
- THE RECORDS INCLUDED TOP INTELLIGENCE SECRETS
Agents who inspected the boxes found special markings suggesting they included information from highly sensitive human sources or the collection of electronic “signals” authorized by a court under the Foreign Intelligence Surveillance Act.
The affidavit lists several markings, including ORCON, or “Originator Controlled.” That means officials at the intelligence agency responsible for the report did not want it distributed to other agencies without their permission.
There may also be other types of records with classified names or codewords still redacted.
“When things are at that level of classification, it’s because there’s a real danger to the people who are collecting the information or the capability,” said Douglas London, a former senior CIA officer who wrote a book about the agency, “The Recruiter.” “
The Office of the Director of National Intelligence has not responded to calls from Congress for a damage assessment. Sen. Mark Warner, the Virginia Democrat who chairs the Senate Intelligence Committee, issued a statement in which he once again called for a briefing.
“It appears, based on the affidavit unsealed this morning, that among the improperly handled documents at Mar-a-Lago were some of our most sensitive intelligence,” Warner said.
- CLASSIFIED RECORDS WERE MIXED WITH OTHER PAPERS
Some of those classified records were mixed with other documents, the affidavit says, citing a letter from the Archives.
According to Archives’ White House liaison division director, the boxes contained “newspapers, magazines, printed news articles, photos, miscellaneous print-
outs, notes, presidential correspondence, personal and post-presidential records, and ‘a lot of classified records.’” Several contained what appeared to be Trump’s handwritten notes.
Of most significant concern: “highly classified records were unfoldered, intermixed with other records, and otherwise unproperly (sic) identified.”
A president might be given raw intelligence reporting to supplement his briefings or to cover a breaking or critically important matter, said David Priess, a former CIA officer and White House briefer who wrote “The President’s Book of Secrets,” a history of the President’s Daily Brief.
But it would be “unusual, if not unprecedented, for a president to keep it and to intermingle it with other papers,” he said.
“Even though I was prepared for this because I knew the judge would not approve a search based on something minor, the breadth and depth of the careless handling of classified information is truly shocking,” Priess said.
- TRUMP HAD REPEATED OPPORTUNITIES TO RETURN THE DOCUMENTS
The affidavit makes clear yet again that Trump had numerous opportunities to return the documents to the government, but simply chose not to.
A lengthy process to retrieve the documents had been underway essentially since Trump left the White House. The document states that, on or about May 6, 2021, the Archives made a request for the missing records “and continued to make requests until approximately late December 2021” when it was informed 12 boxes were found and ready for retrieval from the club.
The affidavit makes clear that the Department of Justice’s criminal investigation concerns not just the improper removal and storage of classified information in unauthorized spaces and the potentially unlawful concealment or removal of government records, but says investigators had “probable cause to believe that evidence of obstruction” would be found in their search.
Trump’s lawyer, in a letter that was included in the release, had argued to DOJ that presidents have “absolute” authority to declassify documents, claiming that his “constitutionally-based authority regarding the classification and declassification of documents is unfettered.” Trump has not provided evidence the documents at Mar-a-Lago were declassified before he left Washington.
- TRUMP SAYS HE DID ‘NOTHING WRONG’
Trump has long insisted, despite clear evidence to the contrary, that he fully cooperated with government officials and had every right to have the documents on site. On his social media site, he responded to the unsealing by continuing to vilify law enforcement.
He called it a “total public relations subterfuge by the FBI & DOJ” and said “WE GAVE THEM MUCH.” In another post, he offered just two words: “WITCH HUNT!!!”
In an interview on Lou Dobbs’ “The Great America Show” on Thursday, he said he’d done nothing wrong.
“This is a political attack on our country and it’s a disgrace,” he added. “It’s a disgrace.”
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Current events