The seized records include some also marked \u0027sensitive compartmented information,\u0027 a special category meant to protect the nation\u0027s most important secrets
While incumbent presidents generally have the power to declassify information, that authority lapses as soon as they leave office and it was not clear if the documents in question have ever been declassified. And even an incumbent’s powers to declassify may be limited regarding secrets dealing with nuclear weapons programs, covert operations and operatives, and some data shared with allies.
It remains unclear whether the Justice Department moved forward with the warrant simply as a means to retrieve the records or as part of a wider criminal investigation or attempt to prosecute the former president. Multiple federal laws govern the handling of classified information, with both criminal and civil penalties, as well as presidential records.
In a statement earlier Friday, Donald Trump claimed that the documents seized by FBI agents were “all declassified,” and argued that he would have turned them over if the Justice Department had asked.The Justice Department’s request was striking because such warrants traditionally remain sealed during a pending investigation.
To obtain a search warrant, federal authorities must prove to a judge that probable cause exists to believe that a crime was committed. Garland said he personally approved the warrant, a decision he said the department did not take lightly given that standard practice where possible is to select less intrusive tactics than a search of one’s home.
In this case, though, Garland cited the fact that Trump himself had provided the first public confirmation of the FBI search, “as is his right.” The Justice Department, in its new filing, also said that disclosing information about it now would not harm the court’s functions.
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