DOJ Reportedly Believes Trump Has More Government Documents

Topline

The Justice Department believes former President Donald Trump has not returned all the government documents in his possession, according to multiple reports, indicating that Trump may be holding on to critical documents even after the FBI’s search of his private residence in Mar-A-Lago in August.

The DOJ believes Trump is still in possession of more classified government material.

AFP via Getty Images

Key Facts

Jay Bratt, head of the DOJ’s counterintelligence operations, reached out to Trump’s lawyers about the issue, according to the New York Times, which first reported the story.

As part of his outreach, Bratt has demanded the return of all documents with classified markings that remain in Trump’s possession, CNN reported.

Trump’s legal team was reportedly divided on how to respond, with one side proposing bringing in an outside forensic firm to carry out a search for any remaining documents.

However, another side is pushing a more confrontational approach with the DOJ has reportedly “won out,” the Times report added, without elaborating what this approach would exactly entail.

Disagreement over the forensic audit proposal has reportedly created a rift inside Trump’s legal team, but it is unclear where this search would take place and if the Trump team believes he is still in possession of classified documents.

The Wall Street Journal also corroborated the story and spoke to Trump’s spokesperson Taylor Budowich, who attacked the “weaponized Department of Justice and the politicized FBI” for spending tax dollars on a “witch hunt.”

Key Background

In January, the National Archives and Records Administration said it received 15 boxes of important government records from Trump’s Mar-A-Lago residence that included more than 150 classified documents. By taking the documents into his private residence, Trump may have violated federal record-keeping laws. After receiving a grand jury subpoena demanding the return of any remaining classified materials, Trump’s lawyers handed over an envelope containing several government files including 38 classified documents in June. Suspecting that more documents were being held at Mar-A-Lago, the FBI executed a search warrant on the property where it managed to recover more than 100 pieces of classified material. In a court filing later that month, the DOJ said its prosecutors suspected that Trump had likely “concealed or removed” sensitive government materials in an effort to impede the investigation.

News Peg

The DOJ has previously indicated it was not convinced that all the government documents had been recovered from Trump. This was due to the fact the FBI’s search of Trump’s property had turned up at least 48 empty folders with classified markings—indicating the actual documents may have been removed.

What To Watch For

Trump has attempted to slow down the DOJ’s investigation by trying to block it from examining the recovered documents. Arguing that the seized documents should be protected under either attorney-client or executive privilege, Trump requested Florida federal court judge Aileen Cannon appoint a special master to review them. Cannon sided with Trump and appointed federal judge Raymond Dearie to conduct the review. The DOJ swiftly moved to appeal this decision at the 11th Circuit, which reversed Cannon’s ruling and blocked Dearie from reviewing the recovered classified documents. Earlier this week, Trump appealed to the Supreme Court to overturn the 11th Circuit’s ruling.

Big Number

325. That is the total number of classified documents that have been recovered from Trump’s Mar-A-Lago residence so far, according to a CNN tracker. “Over 100” of those were seized by the FBI during its search of Trump’s residence in August.