Trump classified documents: New evidence shows Trump knew he couldn’t take records
Ryan King
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Government officials said they have evidence proving former President Donald Trump knew documents he took from Mar-a-Lago documents were classified.
The National Archives and Records Administration told Trump of its plans to deliver 16 records to special counsel Jack Smith detailing his understanding of the proper declassification procedure, sources told CNN.
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“The 16 records in question all reflect communications involving close presidential advisers, some of them directed to you personally, concerning whether, why, and how you should declassify certain classified records,” acting Archivist Debra Steidel Wall wrote to Trump in a May 16 letter, per the report.
Those records were reportedly subject to a subpoena earlier in the year.
Trump has maintained the materials he kept at his Mar-a-Lago home were declassified. Last year, he said, “You can declassify just by saying, ‘It’s declassified,’ even by thinking about it.” Trump repeated that theory during a New Hampshire town hall last week, insisting the material was “automatically” declassified when he took it home from the White House.
His team reportedly tried to prevent Smith from gaining access to the records, arguing they were subject to a “constitutionally based privilege.” However, Wall said Smith is prepared to prove the records are relevant to his investigation.
Archives officials plan on handing over the records on May 24 unless a court intervenes.
Since January last year, the government has recovered more than 300 files with classification markings ranging from “CONFIDENTIAL to TOP SECRET information,” according to court records. The sensitive material was first flagged after Trump’s team handed over 15 boxes of presidential records to the National Archives in early 2022.
Under the Presidential Records Act, administrations are required to turn over documents to the National Archives, but the law lacks teeth to enforce it. However, improper possession of classified documents is subject to other laws.
Wall also noted the National Archives unearthed 104 unclassified files Smith’s team sought, but Trump’s team made privilege claims for 81 of them, per the report.
Smith was appointed to spearhead the Justice Department’s investigation into Trump regarding the classified document scandal and his actions surrounding the Jan. 6 Capitol riot, as well as the coinciding efforts to challenge the 2020 election. He was appointed after Trump launched his 2024 campaign.
Court records indicate the DOJ was investigating violations of the Espionage Act and obstruction of justice. Trump has maintained his innocence across the board.
The Washington Examiner contacted a Trump lawyer and National Archives official for comment.
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President Joe Biden and former Vice President Mike Pence have run into classified document controversies from their vice presidency days. Special counsel Robert Hur was named to oversee the investigation into Biden’s documents.
Recently, a transcript revealed that William Bosanko, chief operating officer for the National Archives, told members of Congress that in every “administration from Reagan forward, we have found classified information in unclassified boxes.”