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In an unexpected revelation, the National Archives disclosed that it found more than a hundred documents with classified markings among the first 15 boxes retrieved from Donald Trump’s residence in Florida back in January 2022.
This assortment of documents, including materials labeled as Top Secret and associated with highly sensitive Special Access Programs, has stirred significant intrigue and concern.
CBS News’ Robert Costa was informed by a source familiar with the situation about the authenticity of a letter from the acting archivist of the National Archives to one of Trump’s attorneys.
This development was initially brought to light through a report by John Solomon, a conservative commentator and investigative journalist, on Just the News.
Notably, Solomon, alongside former administration official Kash Patel, was appointed by Trump to oversee access to records from his presidency.
The National Archives made the letter public on Tuesday afternoon, choosing not to accompany it with any comments.
Penned by Acting Archivist Debra Wall to Trump’s lawyer Evan Corcoran, the letter shed light on the archives’ concerns regarding the handling of these documents at Trump’s Mar-a-Lago estate and hinted at what federal investigators were seeking during their search earlier this month.
Before the FBI’s June visit to Trump’s home for further classified material, the Archives were gearing up to allow FBI access to the records, despite Trump’s legal team asserting executive privilege in an attempt to block scrutiny.
At the time of the letter, the FBI had not yet been granted access to the documents in question.
The letter underscored that the records, being federal property, were not Trump’s to claim and highlighted the Justice Department’s National Security Division’s interest in assessing potential damage from how these materials were stored and transported, and taking necessary corrective steps.
This situation has escalated into a major probe led by the National Security Division, with its top prosecutors liaising directly with Trump’s legal representatives before and during the FBI’s August search of Mar-a-Lago, as revealed by court records and a lawsuit Trump filed.
Despite Trump’s attempts to stall the investigation, citing executive privilege, President Biden’s White House counsel’s office requested that the FBI be allowed access, leaving the applicability of executive privilege to be determined by legal experts from the Archives and the Justice Department.
Requests from Trump’s team to delay transferring the records to the FBI under the guise of reviewing them for potential privilege were met with the Archives’ letter, which explicitly stated the necessity for the FBI and Intelligence Community to access these materials due to significant national security interests.
Acting Archivist Wall’s letter concluded decisively against the viability of Trump’s privilege claim, emphasizing the importance of securing classified information for the sake of future presidential duties.
In response to the Archives’ findings and subsequent FBI search, Trump’s legal team has sought the appointment of a special master to review seized materials for privilege violations.
However, given the stance of the National Archives and Justice Department, the outlook for Trump’s lawsuit appears uncertain.
The search at Trump’s estate not only yielded more boxes of potentially classified documents than those mentioned in the May letter but also continues to draw investigators’ attention as they sift through the materials with a “filter team.”
Unsealed court documents have since shed light on potential legal violations by Trump concerning the retention and possible obstruction related to classified information, marking a continuation of the investigation that predates the August search.
Following the public disclosure of the letter, Trump decried the investigation as a “political Witch Hunt” on Truth Social, accusing the White House of political interference, thereby escalating the controversy surrounding the handling of sensitive documents post-presidency.
