United States' Response to Motion for Judicial Oversight and Additional Relief
Category: News & PoliticsBy: tig • 4 weeks ago • 109 comments
A legal response including a timeline for NARA attempting to get classified documents back from Trump's residence.
Here is a link to an article that puts this all in context:
Here is a link to the full detail of the response:
Here is a summary of the timeline contained in the response:
A. NARA, upon Observing that It Was Missing Presidential Records from the Former President’s Administration, Attempted to Obtain the Missing Records Voluntarily from the Former President’s Representatives Throughout 2021, the United States National Archives and Records Administration (“NARA”) had ongoing communications with representatives of former President Trump in which it sought the transfer of what it perceived were missing records from his Administration.
B. Observing that the Fifteen Boxes Contained “Highly Classified Records,” NARA Sent a Referral to the Department of Justice “In its initial review of materials within those boxes, NARA identified items marked as classified national security information, up to the level of Top Secret and including Sensitive Compartmented Information and Special Access Program materials. NARA informed the Department of Justice about that discovery.”
C. The Former President Delayed the FBI’s Access to the Fifteen Boxes As the NARA Referral stated, the Fifteen Boxes contained “highly classified records.” Upon learning this, DOJ sought access to the Fifteen Boxes in part “so that the FBI and others in the Intelligence Community could examine them.”
D. The FBI’s Review of the Fifteen Boxes Highlighted the National Security Implications of Their Improper Storage Between May 16-18, 2022, after finally obtaining access to the Fifteen Boxes, FBI agents conducted a preliminary review of the documents and identified documents with classification markings in fourteen of the Fifteen Boxes.
E. After Obtaining Evidence Indicating that Additional Classified Records Remained at the Premises, DOJ Initially Sought Their Return Through the Issuance of a Grand Jury Subpoena2 Through its investigation,3 the FBI developed evidence indicating that even after the Fifteen Boxes were provided to NARA, dozens of additional boxes remained at the Premises that were also likely to contain classified information. Accordingly, DOJ obtained a grand 2 The former President disclosed this subpoena and a subpoena for video footage at the Premises in his filings to this Court.
F. In Response to the Subpoena, Counsel for the Former President Provided a Limited Number of Documents Accompanied by a Certification that All Responsive Documents Were Produced Following a Diligent Search On June 3, 2022, three FBI agents and a DOJ attorney arrived at the Premises to accept receipt of the materials. In addition to counsel for the former President, another individual was also present as the custodian of records for the former President’s post-presidential office. When producing the documents, neither counsel nor the custodian asserted that the former President had declassified the documents or asserted any claim of executive privilege.
G. After Further Investigation Indicated that the Response to the Subpoena Was Incomplete, that Obstructive Conduct Occurred in Connection with the Response to the Subpoena, and that Classified Information Remained at the Premises, DOJ Obtained a Court-Authorized Search Warrant Through further investigation, the FBI uncovered multiple sources of evidence indicating that the response to the May 11 grand jury subpoena was incomplete and that classified documents remained at the Premises, notwithstanding the sworn certification made to the government on June 3. In particular, the government developed evidence that a search limited to the Storage Room would not have uncovered all the classified documents at the Premises. The government also developed evidence that government records were likely concealed and removed from the Storage Room and that efforts were likely taken to obstruct the government’s investigation.
H. During the August 8 Execution of the Search Warrant at the Premises, the Government Seized Thirty-Three Boxes, Containers, or Items of Evidence, Which Contained over a Hundred Classified Records, Including Information Classified at the Highest Levels Pursuant to the above-described search protocols , the government seized thirty-three items of evidence, mostly boxes (hereinafter, the “Seized Evidence”), falling within the scope of Attachment B to the search warrant because they contained documents with classification markings or what otherwise appeared to be government records. Three classified documents that were not located in boxes, but rather were located in the desks in the “45 Office,” were also seized. Per the search warrant protocols discussed above, the seized documents included documents that were collectively stored or found together with documents with classification markings.I. The Privilege Review Team Has Completed Its Work The privilege review team has completed its review of the materials in its custody and control that were identified as potentially privileged.
Bottom line, some people claim that the news of Trump holding classified documents at his residence is mere rhetoric, mere partisan media bullshit. Not sure there is any way to get through to those who refuse to acknowledge reality, but if they deny this then they will truly deny anything.