Special Report | Skepticism before a search: Inside the Trump Mar-a-Lago documents investigation
, 2021, which threatened the peaceful transition of power to Joe Biden. Prosecutors were working from the bottom up to see if a criminal case could be made against high-profile people such as Trump over the insurrection or the attempt to sabotage the certification of election results.
A list of items seized in the FBI’s search of former president Donald Trump’s Mar-A-Lago home was unsealed on Aug. 12. Just reaching the decision to seek a court-approved search warrant had presented difficulties. In mid- and late July, lawyers at the Justice Department’s national security division were frustrated with FBI agents at the Washington Field Office, some of whom still weren’t certain there was enough legal justification to conduct a search, people familiar with the situation said.
Trump lawyer Alex Cannon notified the Archives by late December that Trump’s legal team had identified a dozen boxes of material, including a letter from President Barack Obama and letters from the North Korean leader, that would be returned to the government. Upon opening what turned out to be 15 boxes, archivists immediately spotted highly classified papers.
The FBI knew “as early as the end of February that there were documents at the secret level that were designated as formerly restricted data,” one person familiar with the matter said.“even by thinking about it. ... There doesn’t have to be a process, as I understand it.” Trump lawyers tried to pump the brakes on the investigation by asserting executive privilege, but government lawyers concluded a former president cannot try to invoke the privilege against a sitting president; case law, they noted, largely supports the idea that executive privilege lies with the current occupant of the White House.
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