The FBI have just released the affidavit for the Mar-A-Lago raid! Heavily redacted but it's 38 pages long. I've got the evening off so I've tried to clean up the spelling and other 'unfortunate' shite grammar and word spacing. I hope I haven't made a mess. Here's the link to the FBI page.
ktar.com/story/5213253/doj-releases-redacted-affidavit-for-fbi-search-at-donald-trumps-mar-a-lago-estate/ I hope it looks better than the original document, Gentle Readers...............
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN THE MATTER OF THE SEARCH OF
Case No. LOCATIONS WITHIN THE PREMISES TO BE SEARCHED IN ATTACHMENT A
Filed Under Seal I AFFIDAVIT IN SUPPORT OF AN APPLICATION UNDER RULE 4 FOR A WARRANT TO SEARCH AND SEIZE, being first duly sworn, hereby depose and state as follows: INTRODUCTION AND AGENT BACKGROUND
1The government is conducting a criminal investigation concerning the improper removal and storage of classified information in unauthorized spaces, as well as the unlawful concealment or removal of government records. The investigation began as a result of a referral the United States National Archives and Records Administration (NARA) sent to the United States Department of Justice (DOJ)on February 9, 2022, hereinafter, NARA Referral. The NARA Referral stated that on January 18, 2022, in accordance with the Presidential Records Act(PRA),NARAreceived from the office of former President DONALD J TRUMP, hereinafter FPOTUS, via representatives, fifteen (15) boxes of records, hereinafter, the FIFTEEN BOXES. The FIFTEEN BOXES, which had been transported from the FPOTUS property at 1100 S Ocean Blvd, Palm Beach,FL33480, hereinafter, the PREMISES, a residence and club known as Mar-a-Lago, fomther described in Attachment A, were reported by NARA to contain, among other things, highly classified documents intermingled with other records.
2. After an initial review of the NARA Referral, the Federal Bureau of Investigation(FBI) opened a criminal investigation to, among other things, determine how the documents with1Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 1 of 38 classification markings and records were removed from the White House or any other authorized locations) for the storage of classified materials) and came to be stored at the PREMISES: determine whether the storage location s) at the PREMISES were authorized locations for the storage of classified information; determine whether any additional classified documents or records may have been stored in an unauthorized location at the PREMISES or another unknown location, and whether they remain at any such location; and identify any persons who may have removed or retained classified information without authorization and/or in an unauthorized space.
3TheFBI's investigation has established that documents bearing classification markings,which appear to contain National Defence Information NDI), were among the materials contained in the FIFTEEN BOXES and were stored at the PREMISES in an unauthorized location.-Further, there is probable cause to believe that additional documents that contain classified NDI or that are Presidential records subject to record retention requirements currently remain at the PREMISES. There is also probable cause to believe that evidence of obstruction will be found at the PREMISES.4. I am a Special Agent with the FBI assigned to the Washington Field Office. During this time, I have received training at theFBI Academy located at Quantico, Virginia, specific to counterintelligence and espionageinvestigations.2Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 2 of 38
Based on my experience and training, I am familiar with efforts used to unlawfully collect, retain and disseminate sensitive government information, including classified NDI.5.I make this affidavit in support of an application under Rule41ofthe Federal Rules of Criminal Procedure for a warrant to search the premises known as 1100 S Ocean Blvd, Palm Beach, FL 33480, the PREMISES, as further described in Attachment A, for the things described in Attachment B.6.Based upon the following facts, there is probable cause to believe that the locations to be searched at the PREMISES contain evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18U.S.C.§§793(e),1519 or2071.SOURCE OF EVIDENCE7.The facts set forth in this affidavit are based on my personal knowledge, knowledge obtained during my participation in this investigation, and information obtained from other FBI and U.S. Government personnel. Because this affidavit is submitted for the limited purpose of establishing probable cause in support of the application for a search warrant, it does not set forth each and every fact that I or others, have learned during the course of this investigation. STATUTORY AUTHORITY AND DEFINITION S8.Under18U.S.C. § 793(e), whoever having unauthorized possession of, access to, or control over any document or information relating to the national defence which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, wilfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to do or causes the same to any person not entitled to receive it, or wilfully retains the same and fails to deliver it to the officer or employee 3 Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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of the United States entitled to receive it shall be fined or imprisoned not more than ten years, or both.9 Under Executive Order 13526, information in any form may be classified if it
(1)is owned by, produced by or for, or is under the control of the United States Government;
(2) falls within one or more of the categories set forth in the Executive Order [Top Secret, Secret, and Confidential]; and
(3) is classified by an original classification authority who determines that its' unauthorized disclosure reasonably could be expected to result in damage to the national security.
10. Where such unauthorized disclosure could reasonably result in damage to the national security, the information may be classified as Confidential and must be properly safeguarded. Where such unauthorized disclosure could reasonably result in serious damage to the national security, the information may be classified as Secret and must be properly safeguarded. Where such unauthorized disclosure could reasonably result in exceptionally grave damage to the national security, the information may be classified as Top Secret and must be properly safeguarded.
11. Sensitive Compartmented Information (SCI) means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems.
12. Special Intelligence, or SI, is an SCI control system designed to protect technical and intelligence information derived from the monitoring of foreign communications signals by other than the intended recipients. The SI control system protects SI-derived information and information relating to SI activities, capabilities, techniques, processes, and procedures.
13. HUMINT Control System, or HCS, is an SCI control system designed to protect intelligence information derived from clandestine human sources, commonly referred to as 4 Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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human intelligence. The HCS control system protects human intelligence-derived information and information relating to human intelligence activities, capabilities, techniques, processes, andprocedures.14. Foreign Intelligence Surveillance Act, or PISA, is a dissemination control designed to protect intelligence information derived from the collection of information authorized under the Foreign Intelligence Surveillance Act by the Foreign Intelligence Surveillance Court,orFISC.15Classified information may be marked as Not Releasable to Foreign Nationals/Governments/US Citizens, abbreviated NOFORN, to indicate information that may not be released in any form to foreign governments, foreign nationals, foreign organizations, or non-U.S. citizens without permission of the originator.16. Classified information may be marked as Originator Controlled, abbreviated ORCON. This marking indicates that dissemination beyond pre-approved U.S. entities requires originator approval.17Classified information of any designation may be shared only with persons determined by an appropriate United States Government official to be eligible for access, and who possess a need to know. Among other requirements, in order for a person to obtain a security clearance allowing that person access to classified United States Government information, that person is required to and must agree to properly protect classified information by not disclosing such information to persons not entitled to receive it, by not unlawfully removing classified information from authorized storage facilities, and by not storing classified information in unauthorized locations. If a person is not eligible to receive classified information, classified information may not be disclosed to that person. In order for a foreign government to receive
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access to classified information, the originating United States agency must determine that such release is appropriate.18Pmsuant to Executive Order 13526, classified information contained on automated information systems, including networks and telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store classified information must be maintained in a manner that:
(1)prevents access by unauthorized persons; and
(2) ensures the integrityotheinformation.1932 C.F .R. Parts 2001 and 2003 regulate the handling of classified information. Specifically, 32 C.F.R. § 2001.43, titled Storage, regulates the physical protection of classified information. This section prescribes that Secret and Top Secret information shall be stored in a[General Services Administration]-approved security container, a vault built to Federal Standard(FHD STD) 832, or an open storage area constructed in accordancewith§2001.53. It also requires periodic inspection of the container and the use of an Intrusion Detection System, among other things.
20. Under 18U.S.C. § 1519:Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration or any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
21. Under18U.S.C. § 2071:(a) Whoever wilfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer or the United States, shall be fined under this title or imprisoned not more than three years, or both. Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, wilfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term office does not include the office held by any person as a retired officer of the Armed Forces of the United States.
22. Under the PRA, 44 U.S.C. § 2201:(2) The term Presidential records means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President's immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term-(A) includes any documentary materials relating to the political activities of the President or members of the President's staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e)of title 5, United States Code; (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.23. Under 44 U.S.C.§3301(a), government records are defined as: all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. PROB BLE C USEN R Referral24.OnFebruary 9, 2022, the Special Agent in Charge of NARA sOfficeofthe7Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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Inspector General sent the NARA Referral via email to DOJ. The NARA Referral stated that according to NARA's White House Liaison Division Director, a preliminary review of the FIFTEEN BOXES indicated that they contained newspapers, magazines, printed news articles, photos, miscellaneous print-outs, notes, presidential correspondence, personal and postpresidential records, and 'a lot of classified records.' Of most significant concern was that highly classified records were un-foldered, intermixed with other records, and otherwise unproperly identified.25. On February 18, 2022, the Archivist of the United States,chief administrator for NARA, stated in a letter to Congress's Committee on Oversight and Reform Chairwoman The Honorable Carolyn B. Maloney, NARA had ongoing communications with the representatives of former President Trump throughout 2021, which resulted in the transfer of 5 boxes to NARA in January 2022 NARA has identified items marked as classified national security information within the boxes. The letter also stated that, b
ecause NARA identified classified information in the boxes, NARA staff has been incommunication with the Department of Justice. The letter was made publicly available at the following uniform resource locator (URL):https://www.archives.gov/files/foia/ferriero-response-to-02.09.2022-maloney-letter.02. l 8.2022.pdf. On February 18, 2022, the same day, the Save America Political Action Committee (PAC) posted the following statement on behalf of FPOTUS:The National Archives did not 'find' anything, they were given, upon request, Presidential Records in an ordinary and routine process to ensure the preservation of my legacy and in accordance with the Presidential RecordsAct An image of this statement is below.8Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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26.27.S V AMERICA Statement by DonaldJ.Trump, 45th President of theUmted StatesQIAmencahrS. lili11,1IAnhnsr1 ,hdnot"hu,.J 4U\1Jl.l>Ji,lhryW" f"~l\f'll,uptnJ<'""jll,.._hi>1}ik'1: Ulk,r,cctd\tr..tr.otdUUlyilndl◊lllUpt<J(t'U(V ~llMUf-U-:f,,ft''\l'fVl:ltnn)(mr'j(llf:'\";ln;:litillf"CPrdaun,•"11h 1hrl>ft"Ul:.rhli.itlINor,bAdJff1'1~ wa"' ar,.\,,t,1•Vitt·•ttuo,ptt,n,~h<>Hh1_...""•01yt .o•fn-•,lt·v1.1twU(•mon.it,,lr 'In v·a;r<hofthto:rtw'xt~,ltl\1hrlr.u~n;.ikU1'Wl. lhlt.1iai tlo~x.twmdtmlu~•ii0..nMMlIU"ijJ. Jt•dlth•,U•I)'11l1dlJ':"tu;)ht,tnttht\\llnt•mlmp,'41hl"il"l11U•4lt~I linflf'--Jfl:nlf"lll H.MI;2:andWlHlJI hff,,r,·li.iJ..11hrn1.illt-.n. Tlirf:aliwSt'Y.1bm,d,ms:IfwnulitirU1't".'1'11ht'Ptt">it.lrntullhi' l'ullt<(ISl2tl~\\,}'\\l'fl,,lJigl limu,;::t<Jt.,lll. :,.,,f\Va<,hU >}tlMtt1Jj1Iigl~J: ..bttlltlbiJl?w- Jlf'J.lMol e.:t11;:u11yAl~«'llc.111..Je"'r'f~nboUJ11,gf't<M~rt.-.b.IUalU~\Ill ' Rmi1,1 ,1ntu·1d[Uti.11'1<1,u,r,nuL.lng'>lll"t"Clmullvlh1ial,,1•U~"f'ft.:n~i:.iri. uulnn:,:·nrfif'frw.u. nam1~ttc·11rtNflnll, .inrnl:"rJVmdeper.umttl.:uotr,; td•uU..ilni;:,wJIUlllat;'andlawt>n: on:ti:a~tit$.tVl:nj:outSM.11111Alhrt'thnrnl()nlt"''liUJ•-"Ul 011 Jilli]tllltlllJ1,11'' i 'io.,,.lu'.\''-'hITI\-td.111.1'kHlril'u:ul'("(Jfl{);ft)':nbru1gdnJt1rynl,ourlfonk-tUbWt''IJ>l Jlo\-errun. arut me inaruure nmt:nUi"\lrutudvrfr,.oftmngr.,nA.IIWfka..ttH•nlll dw)'J\I\Wf,t'I10talk.;l,1,11111..upL111H,#f'"l-Tnunp1....:)1Wwu1·1,1.-,,ndrutah\1t,11~tl9Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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Boxes Containing Documents Were Transported from the White House to A far a Lago30. According to a CBS Miami article titled ''Moving Tmcks Spotted At Mar-a-Lago, published Monday, January182021, at least two moving trucks were observed at the PREMISES on January 18, 2021.31.32.Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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353637 Provision of the Fifteen Boxes to N R383Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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39.On or about May 6 2021N R made a request for the missing PRA records and continued to make requests until approximately late December 2021 when NARA was informed twelve boxes were found and ready for retrieval at the PREMISES.4Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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The FIFTEEN BOXES Provided to N4 RA Contain Classified Information 47 FromMay16-182022 FBI agents conducted a preliminary review of the FIFTEEN BOXES provided to NARA and identified documents with classification markings in fourteen of the FIFTEEN BOXES. A prelin1inary triage of the documents with classification markings revealed the following approximate numbers: 184 unique documents bearing classification markings including 67 documents marked as CONFIDENTIAL 92 documents marked as SECRET and 25 documents marked as TOPSECRET. Fm1her the FBI agents observed markings reflecting the following compartments/dissemination controls: HCS FISAORCON NOFORN and SI.
Based on my training and experience I know that documents classified at these levels typically contain NDI. Several of the documents also contained what appears to be FPOTUSs hand-written notes.48.49.17Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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52.In the second such letter, which is attached as Exhibit I, FPOTUS COUNSEL 1 asked DOJ to consider a few principles, which include FPOTUS COUNSEL's claim that a President has absolute authority to declassify documents. In this letter, FPOTUS COUNSEL requested, among other things, that DOJ provide this letter to any judicial officer who is asked to rule on any motion pertaining to this investigation, or on any application made in completion with any investigative request concerning this investigation.53. I am aware of an article published in Breitbart on May 5, 2022, available at
www.breitbart.com politics in 2022/05/05/ documents-mar-a-lago-marked-classified-wereah eadv-declassifi.ed-kash-patel-savs/, which states that Kash Patel, who is described as a former top FPOTUS administration official, characterized as ''misleading reports in other news organizations that NARA had found classified materials among records that FPOTUS provided to NARA from Mar-a-Lago. Patel alleged that such repot1s were misleading because FPOTUS had declassified the materials at issue.54.9Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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59.60.61. On June 8, 2022, DOJ COUNSEL sent FPOTUS COUNSEL 1 a letter, which reiterated that the PREMISES are not autho1ized to store classified info1mation and requested the preservation of the STORAGE ROOM and boxes that had been moved from the White House to the PREMISES. Specifically, the letter stated in relevant part: As I previously indicated to you, Mar-a-Lago does not include a secure location authorized for the storage of classified information. As such, it appears that since the time classified documents were removed from the secure facilities at the White House and moved to Mar-a-Lago on or around January 20, 2021, they have not been handled in au appropriate manner or stored in an appropriate location. Accordingly, we ask that the room at Mar-a-Lago where the documents had been stored be secured and that all of the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until further notice.218U.S.C. 793(e) does not use the tem1 classified information.'' but rather criminalizes the unlawful retention of information relating to the national defence. The statute does not definei.11fom1ationrelated to the national defence. but courts have construed it broadly. See Gorin United States.312 U.S. 19. 28 (1941) (holding that the phrase •'information relating to the national defence as used in the Espionage Act is a generic concept of broad connotations. referring to the military and naval establishments and the related activities of national preparedness ).for addition. the information must be closely held by the U.S. government. See United States Squil/acote.221F.3d 542, 579 (4th Cir. 2000) (''[Information made public by the government as well as information never protected by the government is not national defence information. );United States Morison.844 F.2d 1057, 1071-72 (4th Cir.1988). Certain courts have also held that the disclosure of the documents must be potentially damaging to the UnitedStates.SeeM01ison844 F.2d at 1071-72.22Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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On June 9, 2022, FPOTUS COUNSEL I sent an email to DOJ COUNSEL stating, I write to acknowledge receipt of this letter.62.63.64.23Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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There is Probable Cause to Believe That Documents Containing Classified and Presidential Records Remain at the Premises707126Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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77. Based upon this investigation, I believe that the STORAGE ROOM, FPOTUS's residential suite, Pine Hall, the 45 Office, and other spaces within the PREMISES are not currently authorized locations for the storage of classified information or NDI. Similarly, based upon this investigation, I do not believe that any spaces within the PREMISES have been authorized for the storage of classified information at least since the end of FPOTUS's Presidential Administration on January 20, 2021.78. As described above, evidence of the SUBJECT OFFENSES has been stored in multiple locations at the PREMISES. Accordingly, this affidavit seeks authorization to search the 45 Office and all storage rooms and 9Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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any other rooms or locations where boxes or records may be stored within the PREMISES, as further described in Attachment A. The PREMISES is currently closed to club members for the summer; however, as specified in Attachment A, at the time of the search, there are areas on the PREMISES being occupied, rented, or used by third parties, and not otherwise used or available to be used by FPOTUS and his staff, the search would not include such areas.CONCLUSION79. Based on the foregone facts and circumstances, I submit that probable cause exists to believe that evidence, contraband, fruits of crime, or other items illegally possessed in violation8U.S.C.§§793 e), 2071, or 1519 will be found at the PREMISES. Further, I submit that this affidavit supports probable cause for a warrant to search the PREMISES described in Attachment A and seize the items described in Attachment B.REQUEST FOR SE LING80. It is respectfully requested that this Court issue an order sealing, until further order of the Court, all papers submitted in support of this application, including the application and search warrant. I believe that sealing this document is necessary because the items and information to be seized are relevant to an ongoing investigation and the FBI has not yet identified all potential criminal confederates nor located all evidence related to its investigation. Premature disclosure of the contents of this affidavit and related documents may have a significant and negative impact on the continuing investigation and may severely jeopardize its effectiveness by allowing criminal parties an opportunity to flee, destroy evidence stored electronically and otherwise), change patterns of behavior, and notify criminal confederates.30Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 30 of38
SEARCH PROCEDURES FOR HANDLING POTENTIAL ATTORNE/ CLIENT PRIVILEGED INFORMATION The following procedures will be followed at the time of the search in order to protect against disclosures to attorney-client privileged material:81. These procedures will be executed by: (a) law enforcement personnel conducting this investigation (the Case Team ); and (b) law enforcement personnel not participating in the investigation of the matter, who will search the 45 Office and be available to assist in the event that a procedure involving potentially attorney-client privileged information is required (the Privilege Review Team ).82. The Case Team will be responsible for searching the TARGET PREMISES. However, the Privilege Review Team will search the 45 Office and conduct a review of the seized materials from the 45 Office to identify and segregate documents or data containing potentially attorney-client privileged information.83.fhe Privilege Review Team determines the documents or data are not potentially attorney-client privileged, they will be provided to the law-enforcement personnel assigned to the investigation at any point the law-enforcement personnel assigned to the investigation subsequently identify any data or documents that they consider may be potentially attorney-client privileged, they will cease the review of such identified data or documents and refer the materialsto the Privilege Review Team for further review by the Privilege Review Team.84.fthe Privilege Review Team determines that documents are potentially attorneyclient privileged or merit further consideration in that regard, a Privilege Review Team attorney may do any of the following: (a) apply ex p rte to the court for a determination whether or not the documents contain attorney-client privileged material; (b) defer seeking court intervention and3Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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continue to keep the documents inaccessible to law-enforcement personnel assigned to the investigation; or c) disclose the documents to the potential privilege holder, request the privilege holder to state whether the potential privilege holder asserts attorney-client privileges to any documents, including requesting a particularized privilege log, and seek a mling from the comi regarding any attorney-client privilege claims as to which the P1ivilege Review Team and the privilege-holder cannot reach agreement. Subscribed and sworn before me by telephone WhatsApp) or other reliable electronic means this day o , .ISt2022:Respectfully submitted, Special Agent Federal Bureau of Investigation32Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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EXHIBIT Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 33 of38
TOMPSON Silverman Thompson Slutkin White ATTORNEYS AT L4 W Via electronic Mail Jay I Bratt, Esquire Chief A Limited Liability Company400 EastPrattStreet-Suite900Baltimore Maryland 2 1 2 0 2Telephone410 385 2225Facsimile 410.547.2432silvermanthompson comBaltin-1orr2ITowsonIVewYorkIJVashingtonDMay 25, 2022Counterintelligence Exp mi Control Section National Security DivisionUS.DepartmentofJustice950 Pennsylvania, Avenue, N.W.Washington, D.C. 20530Re: Presidential Records Investigation Dear Jay: Writers Direct Contact: Evan Corcoran410-385-2225ecorcoran(,v,silwnnanthompson.com I write on behalf of President Donald J Trump regarding the above-referenced matter. Public trust in the government is low. At such times, adherence to the rules and long-standing policies is essential. President Donald J Trump is a leader of the Republican Party. The Department of Justice (DOJ), as part of the Executive Branch, is under the control of a President from the opposite party. It is critical, given that dynamic, that every effort is made to ensure that actions by DOJ that may touch upon the former President, or his close associates, do not involve politics. There have been public reports about an investigation by DOJ into Presidential Records purportedly marked as classified among materials that were once in the White House and unknowingly included among the boxes brought to Mar-a-Lago by the movers. It is important to emphasize that when a request was made for the documents by the National Archives and Records Administration (NARA), President Trump readily and voluntarily agreed to their transfer to NARA. The communications regarding the transfer of boxes to NARA were friendly, open, and straight forward. President Trump voluntarily ordered that the boxes be provided to NARA. No legal objection was asserted about the transfer. No concerns were raised about the contents of the boxes. It was a voluntary and open process. Unfortunately, the good faith demonstrated by President Trump was not matched once the boxes arrived at NARA. Leaks followed. And, once DOJ got involved, the leaks continued. Leaks about any investigation are concerning. Leaks about an investigation that involve the residence of a former President who is still active on the national political scene are particularly troubling. Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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Jay I.Bratt May 25, 2022Page2of3 It is important to note a few bedrock principles:1) A President Has Absolute Authority To Declassify Documents. Under the U.S. Constitution, the President is vested with the highest level of authority when it comes to the classification and declassification of documents. See U.S. Const., Art. II,§2 ( The President [is] Commander in Chief of the Army and Navy of the United States[.] ). His constitutionally-based authority regarding the classification and declassification of documents is unfettered. See Navy v Egan,484 U.S. 518, 527 (1988) ( [The President's] authority to classify and control access to information bearing on national security flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant. ).2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal Sanction. Any attempt to impose criminal liability on a President or former President that involves his actions with respect to documents marked classified would implicate grave constitutional separation-ofpowers issues. Beyond that, the primary criminal statute that governs the unauthorized removal and retention of classified documents or material does not apply to the President. That statute provides, in pertinent part, as follows: Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.18U.S.C.§1924(a). An element of this offense, which the government must prove beyond a reasonable doubt, is that the accused is an officer, employee, contractor, or consultant of the United States. The President is none of these. See Free Enter. Fund v Pub. Co Acct. OversightBd.,561U.S. 477,497-98(2010) (citing U.S. Const., Art.II,§2cl. 2) ( The people do not vote for the 'Officers of the United States. ');see also Melcher v Fed Open Mkt. Comm.,644 F. Supp.510, 518-19 (D.D.C. 1986),aff d,836 F.2d561(D.C. Cir. 1987) ( an officer of the United States can only be appointed by the President, by and with the advice and consent of the Senate, or by a court of law, or the head of a department. A person who does not derive his position from one of these sources is not an officer of the United States in the sense of the Constitution. ). Thus, the statute does no Via electronic Mail Jay I Bratt, Esquire Chief A Limited Liability Company400 EastPrattStreet-Suite900Baltimore Maryland 2 1 2 0 2Telephone410 385 2225Facsimile 410.547.2432silvermanthompson comBaltin-1orr2ITowsonIVewYorkIJVashingtonDMay 25, 2022Counterintelligence Expmi Control Section National Security DivisionUS.DepartmentofJustice950 Pennsylvania, Avenue, N.W.Washington, D.C. 20530Re: Presidential Records Investigation Dear Jay:Writers DirectContact:Evan Corcoran410-385-2225ecorcoran(,v,silwnnanthompson.comI write on behalf of President Donald J Trump regarding the above-referenced matter. Public trust in the government is low. At such times, adherence to the rules and long-standing policies is essential. President Donald J Trump is a leader of the Republican Party. The Department of Justice (DOJ), as part of the Executive Branch, is under the control of a President from the opposite party. It is critical, given that dynamic, that every effort is made to ensure that actions by DOJ that may touch upon the former President, or his close associates, do not involve politics. There have been public reports about an investigation by DOJ into Presidential Records purportedly marked as classified among materials that were once in the White House and unknowingly included among the boxes brought to Mar-a-Lago by the movers. It is important to emphasize that when a request was made for the documents by the National Archives and Records Administration (NARA), President Trump readily and voluntarily agreed to their transfer to NARA. The communications regarding the transfer of boxes to NARA were friendly, open, and straightforward. President Trump voluntarily ordered that the boxes be provided to NARA. No legal objection was asserted about the transfer. No concerns were raised about the contents of the boxes. It was a voluntary and open process. Unfortunately, the good faith demonstrated by President Trump was not matched once the boxes arrived at NARA. Leaks followed. And, once DOJ got involved, the leaks continued. Leaks about any investigation are concerning. Leaks about an investigation that involve the residence of a former President who is still active on the national political scene are particularly troubling. Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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Jay I. Bratt May 25, 2022Page2of3Itis important to note a few bedrock principles:1) A President Has Absolute Authority To Declassify Documents. Under the U.S. Constitution, the President is vested with the highest level of authority when it comes to the classification and declassification of documents. See U.S. Const., Art. II,§2 ( The President [is] Commander in Chief of the Army and Navy of the United States[.] ). His constitutionally-based authority regarding the classification and declassification of documents is unfettered. See NavyvEgan,484 U.S. 518, 527 (1988) ( [The President's] authority to classify and control access to information bearing on national security flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant. ).2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal Sanction. Any attempt to impose criminal liability on a President or former President that involves his actions with respect to documents marked classified would implicate grave constitutional separation-ofpowers issues. Beyond that, the primary criminal statute that governs the unauthorized removal and retention of classified documents or material does not apply to the President. That statute provides, in pertinent part, as follows: Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.18U.S.C.§1924(a). An element of this offense, which the government must prove beyond a reasonable doubt, is that the accused is an officer, employee, contractor, or consultant of the United States. The President is none of these. See Free Enter. Fund v Pub.Co Acct. OversightBd.,561U.S. 477,497-98(2010) (citing U.S. Const., Art.II,§2cl. 2) ( The people do not vote for the 'Officers of the United States. ');see also Melcher v Fed Open Mkt. Comm.,644 F. Supp.510, 518-19 (D.D.C. 1986),aff d,836 F.2d561(D.C. Cir. 1987) (
n officer of the United States can only be appointed by the President, by and with the advice and consent of the Senate, or by a court of law, or the head of a department. A person who does not derive his position from one of these sources is not an officer of the United States in the sense of the Constitution. ). Thus, the statute does not apply to acts by a President. Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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Jay I Bratt May 25, 2022Pageof3) DOJ Must Be Insulated From Political Influence. According to the Inspector General of DOJ, one of the top challenges facing the Department is the public perception that DOJ is influenced by politics. The report found that [o ]ne important strategy that can build public trust in the Department is to ensure adherence to policies and procedures designed to protect DOJ from accusations of political influence or partial application of the law.Seehttps://oig.justice.gov/reports/top-management-and-performance-challengesfacing-depatiment-justice-2021 (last visited May 25, 2022). We request that DOJ adhere to longstanding policies and procedures regarding communications between DOJ and the White House regarding pending investigative matters which are designed to prevent political influence in DOJdecision-making.4) DOJ Must Be Candid With Judges And Present Exculpatory Evidence. Long-standing DOJ policy requires that DOJ attorneys be candid in representations made to judges. Pursuant to those policies, we request that DOJ provide this letter to any judicial officer who is asked to rule on any motion pertaining to this investigation, or on any application made in connection with any investigative request concerning this investigation. The official policy of DOJ further requires that prosecutors present exculpatory evidence to a grand jury. Pursuant to that policy, we request that DOJ provide this letter to any grand jury considering evidence in connection with this matter, or any grand jury asked to issue a subpoena for testimony or documents in connection with this matter. Thank you for your attention to this request. With best regards,~4 MMEvan Corcoran cc: Matthew G Olsen Assistant Attorney General National Security Division Via electronic Mail3Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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ATTACHMENT Property to be searched. The premises to be searched, 1100 S Ocean Blvd, Palm Beach, FL 33480, is further described as a resort, club, and residence located near the intersection on Southern Blvd and S Ocean Blvd. It is described as a mansion with approximately 58 bedrooms, bathrooms, on a17-acre estate. The locations to be searched include the 45 Office, all storage rooms, and all other rooms or areas within the premises used or available to be used by FPOTUS and his staff and in which boxes or documents could be stored, including all structures or buildings on the estate. It does not include areas currently (i.e., at the time of the search) being occupied, rented, or used by third parties (such as Mar-a-Largo Members) and not otherwise used or available to be used by FPOTUS and his staff, such as private guest suites. Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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ATTACHMENT Property to be seized a) All physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violationo18U.S.C.§§793, 2071, or 1519, including the following: b) Any physical documents with classification markings, along with any containers/boxes including any other contents) in which such documents are located, as well as any other containers/boxes that are collectively stored or found together with the aforementioned documents and containers/boxes; Information, including communications in any form, regarding the retrieval, storage, or transmission of national defence information or classified material; c) Any government and/or Presidential Records created between January20, 2017, and January 20, 2021; or d) Any evidence of the knowing alteration, destruction, or concealment of any government and/or Presidential Records, or any documents with classification markings. Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
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