Trump search: What may come next in enquiry with legal peril

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A newly released FBI document helps flesh out the contours of an investigation into classified material at former President Donald Trump's Florida estate. But plenty of questions remain, especially because half the affidavit, which spelled out the FBI's rationale for searching the property, was blacked out.

That document, which the FBI submitted so it could get a warrant to search Trump's winter home, provides new details about the volume and top secret nature of what was retrieved from Mar-a-Lago in January.

It shows how Justice Department officials had raised concerns months before the search that closely held government secrets were being illegally stored and before they returned in August with a court-approved warrant and located even more classified records at the property.

 It all raises questions whether a crime was committed and, if so, by whom. Answers may not come quickly. A department official this month described the investigation as in its early stages, suggesting more work is ahead as investigators review the documents they removed and continue interviewing witnesses. At a minimum, the investigation presents a political distraction for Trump as he lays the groundwork for a potential presidential run.Then there's the obvious legal peril.

A look at what's next:

WHAT IS THE FBI INVESTIGATING?

None of the government's legal filings released so far singles out Trump - or anyone else - as a potential target of the investigation. But the warrant and accompanying affidavit make clear the investigation is active and criminal in nature.

The department is investigating potential violations of multiple laws, including an Espionage Act statute that governs gathering, transmitting or losing national defense information.

The other laws deal with the mutilation and removal of records as well as well as the destruction, alteration or falsification of records in federal investigations.

The enquiry began quietly with a referral from the National Archives and Records Administration, which retrieved 15 boxes of records from Mar-a-Lago in January - 14 of which were found to contain classified information.

All told, the FBI affidavit said, officials found 184 documents bearing classification markings, including some suggesting they contained information from highly sensitive human sources. Several had what appeared to be Trump's handwritten notes, the affidavit says. The FBI has spent months investigating how the documents made their way from the White House to Mar-a-Lago, whether any other classified records might exist at the property.

The bureau also has tried to identify the person or people "who may have removed or retained classified information without authorisation and/or in an unauthorised space," the affidavit states.

So far the FBI has interviewed a "significant number of civilian witnesses," according to a Justice Department brief unsealed Friday, and is seeking "further information" from them. The FBI has not identified all "potential criminal confederates nor located all evidence related to its investigation."

WILL ANYONE BE CHARGED?

It's hard to say at this point. To get a search warrant, federal agents must persuade a judge that probable cause exists to believe there's evidence of a crime at the location they want to search. But search warrants aren't automatic precursors to a criminal prosecution and they certainly don't signal that charges are imminent.

The laws at issue are felonies that carry prison sentences. One law, involving the mishandling of national defence information, has been used in recent years in the prosecution of a government contractor who stowed reams of sensitive records at his Maryland home (he was sentenced to nine years in prison) and a National Security Agency employee who transmitted classified information to someone who was not authorised to receive it (the case is pending).

Attorney General Merrick Garland hasn't revealed his thinking on the matter. Asked last month about Trump in the context of a separate investigation into the Jan 6, 2021, riot at the Capitol, he responded that "no person is above the law".

WHAT HAS TRUMP ARGUED?

Trump, irate over the records investigation, issued a statement Friday saying that he and his team have cooperated with the Justice Department and that his representatives "GAVE THEM MUCH".

That's at odds with the portrayal of the Trump team in the affidavit and the fact that the FBI search occurred despite warnings months earlier that the documents were not being properly stored and that there was no safe location for them anywhere in Mar-a-Lago.

Daily Pioneer
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