The FBI justified its unprecedented raid of former President Donald Trump’s home based on agents’ previous recovery of 184 classified documents Mr. Trump had removed from the White House, according to the affidavit for the search.
The heavily-redacted affidavit, which was made public Friday, revealed that FBI agents in May reviewed 15 boxes Mr. Trump returned to the National Archives and discovered the classified documents.
Some of the documents detailed particularly sensitive national security information, including foreign surveillance, according to the affidavit.
Roughly 30 armed FBI agents raided Mr. Trump’s residence on Aug. 8 and removed dozens of boxes of documents and other materials, including 11 sets of classified documents. Some documents were marked “top secret” and “sensitive compartmented information,” the federal government’s two highest security classifications.
So far, no details have been released about what the documents may have contained.
The redacted affidavit was released after the Justice Department on Thursday submitted its proposed redactions to the document, prompting the judge to order the unsealing on Friday.
It is highly unusual for an affidavit to be unsealed in a criminal investigation. Typically, such documents remain under seal until criminal charges are filed or an investigation is closed to protect cooperating witnesses and shield documents that could compromise the investigation.
Judge Reinhart said after reviewing the Justice Department’s proposed redactions he believes the government showed compelling reasons to keep portions of the affidavit redacted because disclosure could reveal the identities of witnesses, law enforcement agents, uncharged parties as well as the investigation’s strategy, direction and sources.
But Judge Reinhart had said he was not inclined to keep the full affidavit under seal, saying that national interest in the case was too great to keep it shielded from the public.
The Justice Department has fought to keep it the affidavit under seal, arguing that its Trump investigation is still in “the early stages” and making it public could jeopardize the probe.
Several news organizations and the conservative advocacy group Judicial Watch have mounted a legal challenge to unseal the affidavit. Mr. Trump has not joined the lawsuit, despite his repeated insistence that the affidavit goes public.
Taylor Budowich, a spokesman for the former president, called the Justice Department’s efforts to shield the affidavit from the public a “cynical attempt” to cover up its political bias.
“The whole affidavit should be released, given the Democrats’ penchant for using redactions to hide government corruption, just like they did with the Russia hoax,” Mr. Budowich said last week.
Several news organizations and the conservative advocacy group Judicial Watch have mounted a legal challenge to unseal the affidavit. Mr. Trump has not joined the lawsuit, despite his repeated insistence that the affidavit goes public.
Justice Department lawyers argued that releasing the affidavit could set a precedent in other high-profile cases, thus jeopardizing those investigations.
However, Judge Reinhart said in his court filing that those cases are not his immediate concern.
“I do not need to reach the question of whether, in some other case, these concerns could justify denying public access; they very well might. Particularly given the intense public and historical interest in an unprecedented search of a former President’s residence, the Government has not yet shown that these administrative concerns are sufficient to justify sealing,” he wrote.
Source:Washington Times
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