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Trump Was Subpoenaed for Documents Months Before F.B.I. Searched His Home

cigaretteman

HR King
May 29, 2001
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Former President Donald J. Trump received a subpoena this spring in search of documents that federal investigators believed he had failed to turn over earlier in the year, when he returned boxes of material he had improperly taken with him upon moving out of the White House, three people familiar with the matter said.
The existence of the subpoena helps to flesh out the sequence of events that led to the search of Mr. Trump’s Florida home on Monday by F.B.I. agents seeking classified material they believed might still be there, even after efforts by the National Archives and the Justice Department to ensure that it had been returned.
The subpoena suggests that the Justice Department tried methods short of a search warrant to account for the material before taking the politically explosive step of sending F.B.I. agents unannounced to Mar-a-Lago, Mr. Trump’s home and members-only club.
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Two people briefed on the classified documents that investigators believe remained at Mar-a-Lago indicated that they were so sensitive in nature, and related to national security, that the Justice Department had to act.

The subpoena was first disclosed by John Solomon, a conservative journalist who has also been designated by Mr. Trump as one of his representatives to the National Archives.
The existence of the subpoena is being used by allies of Mr. Trump to make a case that the former president and his team were cooperating with the Justice Department in identifying and returning the documents in question and that the search was unjustified.
The Justice Department declined to comment. Christina Bobb, a lawyer working for Mr. Trump, did not respond to messages. It is not clear what precise materials the subpoena sought or what documents the former president might have provided in response.
The subpoena factored into a visit that Jay Bratt, the Justice Department’s top counterintelligence official, made with a small group of other federal officials to Mar-a-Lago weeks later, in early June, one of the people said.



The officials met with Mr. Trump’s lawyer, Evan Corcoran. Mr. Trump, who likes to play host and has a long history of trying to charm officials inquiring about his practices, also made an appearance. During the visit, the officials examined a basement storage area where the former president had stowed material that had come with him from the White House.

A few days after the visit, Mr. Bratt emailed Mr. Corcoran and told him to further secure the remaining documents, which were kept in the storage area with a stronger padlock, one of the people said. The email was reported earlier by The Wall Street Journal.
 
The existence of the subpoena is being used by allies of Mr. Trump to make a case that the former president and his team were cooperating with the Justice Department in identifying and returning the documents in question and that the search was unjustified.
WTF is wrong with these people? Maintiaing possession of classified government documents in violation of federal law for more than a year is not 'cooperating".

POLICE TO THIEF: "Return the property; it is highly confidential material. It is not yours, return it immediately."

THIEF TO POLICE: "Yes, the property that was removed from my employer is here in my possession but I have it stored in a secure place. I'll need some time to identify what is mine and what belongs to my employer....several months, maybe a year. Hey, I'm cooperating, Let's talk."

That shit doesn't fly with law enforcement. IMO the feds showed extraordinary restraint if, as reported, classified government informaton is involved. Did he really believe that they were going to beg him to comply with federal law?
 
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WTF is wrong with these people? Maintiaing possession of classified government documents in violation of federal law for more than a year is not 'cooperating".

POLICE TO THIEF: "Return the property; it is highly confidential material. It is not yours, return it immediately."

THIEF TO POLICE: "Yes, the property that was removed from my empoyer is here in my possession but I have it stored in a secure place. I'll need some time to identify what is mine and what belongs to my employer....several months, maybe a year. Hey, I'm cooperting, Let's talk."

That shit doesn't fly with law enforcement. IMO the feds showed extraordinary restraint if, as reported, classified government informaton is involved. Did he really believe that they were going to beg him to comply with federal law?
 
The argument that actually holds water is that the president has the sole and absolute right to declassify materials. If he simply claims he did so on Jan 20, 2021 prior to 12 noon when JB was sworn in, it’s a he said she said. There won’t be evidence beyond a reasonable doubt he failed to declassify these documents in time, as it’s awfully hard to prove a negative.

that being said, the argument that the National records archive must stamp the document implies that the president doesn’t in fact have absolute authority and would (imo, not a lawyer) send this to an appeals court for clarification.

I am not saying I think trump is right, just saying there is a legal argument that isn’t totally far fetched even if it’s morally suspect.
 
The argument that actually holds water is that the president has the sole and absolute right to declassify materials. If he simply claims he did so on Jan 20, 2021 prior to 12 noon when JB was sworn in, it’s a he said she said. There won’t be evidence beyond a reasonable doubt he failed to declassify these documents in time, as it’s awfully hard to prove a negative.

that being said, the argument that the National records archive must stamp the document implies that the president doesn’t in fact have absolute authority and would (imo, not a lawyer) send this to an appeals court for clarification.

I am not saying I think trump is right, just saying there is a legal argument that isn’t totally far fetched even if it’s morally suspect.

Wasnt that the argument scooter libby tried to use and the court said no?
 
Wasnt that the argument scooter libby tried to use and the court said no?

Going off memory and too lAzy to look, I am pretty sure you’re right. But, scooter Libby wasn’t the president. That little line feels huge In the eyes of the law. I would hate every section of that decision if it came down.
 
The argument that actually holds water is that the president has the sole and absolute right to declassify materials. If he simply claims he did so on Jan 20, 2021 prior to 12 noon when JB was sworn in, it’s a he said she said. There won’t be evidence beyond a reasonable doubt he failed to declassify these documents in time, as it’s awfully hard to prove a negative.

that being said, the argument that the National records archive must stamp the document implies that the president doesn’t in fact have absolute authority and would (imo, not a lawyer) send this to an appeals court for clarification.

I am not saying I think trump is right, just saying there is a legal argument that isn’t totally far fetched even if it’s morally suspect.
Nope u have to have done it by procedures. There is a process. U can't just say I'm declassifying this and it's done. Plus none of the reasons given in the search warrant hinges on it being declassified. Absolutely zero defense to having those documents in MAL.
 
The argument that actually holds water is that the president has the sole and absolute right to declassify materials. If he simply claims he did so on Jan 20, 2021 prior to 12 noon when JB was sworn in, it’s a he said she said. There won’t be evidence beyond a reasonable doubt he failed to declassify these documents in time, as it’s awfully hard to prove a negative.

that being said, the argument that the National records archive must stamp the document implies that the president doesn’t in fact have absolute authority and would (imo, not a lawyer) send this to an appeals court for clarification.

I am not saying I think trump is right, just saying there is a legal argument that isn’t totally far fetched even if it’s morally suspect.
Whether they were "declassified" by Trump is irrelevant to the charges. Taking/mishandling those kind of documents is still illegal. Also, there are laws that say a President can't just randomly declassify secrets.

 
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The argument that actually holds water is that the president has the sole and absolute right to declassify materials. If he simply claims he did so on Jan 20, 2021 prior to 12 noon when JB was sworn in, it’s a he said she said. There won’t be evidence beyond a reasonable doubt he failed to declassify these documents in time, as it’s awfully hard to prove a negative.

that being said, the argument that the National records archive must stamp the document implies that the president doesn’t in fact have absolute authority and would (imo, not a lawyer) send this to an appeals court for clarification.

I am not saying I think trump is right, just saying there is a legal argument that isn’t totally far fetched even if it’s morally suspect.
Trump apparently released a statement last night claiming that he had a standing order that any documents he took with him out of the WH were by definition "declassified".

Not sure that would hold up legally either.
 
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WOAH! 😱FBI agents who raided Mar A Lago are actively under criminal investigation by Special Counsel John Durham, sources say. If this is true, and they really did raid MAL over Russia-gate documents, this will be EXPLOSIVE!

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