Trump search warrant: FBI took top secret documents from Mar-a-Lago

Mr Trump denies any wrongdoing saying the items were declassified and safe.

In Summary

• One list of documents is marked "TS/SCI" - or top secret / sensitive compartmented information - a level reserved for information that could cause "exceptionally grave" damage to US national security.

• The list of items was made public after a judge unsealed a seven-page document on Friday afternoon which included the warrant authorizing the unprecedented search of the former president's Palm Beach residence.

 

Donald Trump has said he welcomes the warrant being made public.
Donald Trump has said he welcomes the warrant being made public.
Image: BBC

The FBI took 11 sets of classified documents, including some labelled top secret, from Donald Trump's Mar-a-Lago residence in Florida earlier this week.

One list of documents is marked "TS/SCI" - or top secret / sensitive compartmented information - a level reserved for information that could cause "exceptionally grave" damage to US national security.

Mr Trump denies any wrongdoing.

He said the items were declassified and safe.

The list of items was made public after a judge unsealed a seven-page document on Friday afternoon which included the warrant authorizing the unprecedented search of the former president's Palm Beach residence.

It said more than 20 boxes of items were taken on Monday, including a binder of photos, a handwritten note, unspecified information about the "President of France" and a clemency letter written on behalf of long-time Trump ally Roger Stone.

As well as four sets of top secret documents, the list includes three sets of "secret documents" and three sets of "confidential" documents.

The warrant indicates that FBI agents were looking into potential violations of the Espionage Act, which makes it illegal to keep or transmit potentially dangerous national security information.

The removal of classified documents or materials is prohibited by law. Mr Trump increased the penalties for the crime while in office and it is now punishable by up to five years in prison.

The warrant notes that the locations searched at Mar-a-Lago include an area called the "45 office" and storage rooms, but not private guest suites being used by Mr Trump and his staff.

The Justice Department had asked a court to make it public on Thursday, a move considered rare amid an ongoing investigation.

It was approved by a judge on 5 August, three days before it was carried out on Monday, 8 August.

In a statement on his Truth Social platform, Mr Trump said the items recovered were "all declassified" and securely stored.

He said he would have been willing to hand the items over before the search warrant was carried out.

"They could have had it anytime they wanted - and that includes long ago," he said. "All they had to do was ask."

Mr Trump's supporters have been making the legally debatable case that he had the authority as president to declassify all of the recovered documents before he left office, and did so.

Legal experts have told US media it is unclear whether this argument would hold up in court. "Presidents can declassify information but they have to follow a procedure," Tom Dupree, a lawyer who previously worked in the Justice Department, told the BBC.

"They have to fill out forms. They have to give certain authorizations. They can't simply say these documents are declassified. They have to follow a process [and it is] not clear that was followed here."

A spokesman for Mr Trump, Taylor Budowich, told the BBC's US partner, CBS News, that the administration of Joe Biden "is in obvious damage control after their botched raid".

Mr Budowich added that the search was "not just unprecedented, but unnecessary". He also accused the administration of "leaking lies and innuendos to try to explain away the weaponisation of government against their dominant political opponent".

Monday's search marked the first time the property of a former president has been searched as part of a criminal investigation.

Many of his Republican allies, speaking before the warrant was unsealed, condemned the move as politically motivated.


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