Trump lawyer says documents he held had been returned
At least one lawyer for former President Donald Trump signed a written statement in June asserting all material marked as classified and held in boxes in a storage area at Trump’s Mar-a-Lago residence and club had been returned to the government, four people with knowledge of the document said.
The written declaration was made after a visit June 3 to Mara-Lago by Jay I. Bratt, the top counterintelligence official in the Justice Department’s national security division.
The existence of the signed declaration, which has not previously been reported, is a possible indication Trump or his team were not fully forthcoming with federal investigators about the material. And it could help explain why a potential violation of a criminal statute related to obstruction was cited by the department as one basis for seeking the warrant used to carry out the daylong search of the former president’s home Monday, an extraordinary step that generated political shock waves.
It also helps to further explain the sequence of events that prompted the Justice Department’s decision to conduct the search after months in which it had tried to resolve the matter through discussions with Trump.
An inventory of the material taken from Trump’s home that was released Friday showed FBI agents seized 11 sets of documents during the search with some type of confidential or secret marking on them, including some marked as “classified/ TS/SCI” — shorthand for “top secret/sensitive compartmented information.” Information categorized in that fashion is meant to be viewed only in a secure government facility.
The search encompassed not just the storage area where boxes of material known to the Justice Department were being held but also Trump’s office and residence. The search warrant and inventory unsealed Friday did not specify where in the Mara-Lago complex the documents marked as classified were found.
Trump said Friday that he had declassified all the material in his possession while he was still in office. He did not provide any documentation he had done so.
In an appearance on Fox News on Friday night, right-wing writer John Solomon, whom Trump has designated as one of his representatives to interact with the National Archives, read a statement from the former president’s office claiming Trump had a “standing order” during his presidency “that documents removed from the Oval Office and taken to the residence were deemed to be declassified the moment he removed them.”
A spokesperson for the former president, Taylor Budowich, said Saturday, “Just like every Democrat-fabricated witch hunt previously, the water of this unprecedented and unnecessary raid is being carried by a media willing to run with suggestive leaks, anonymous sources and no hard facts.”
The warrant said FBI agents were carrying out the search to look for evidence related to possible violations of the obstruction statute as well as the Espionage Act and a statute that bars the unlawful taking or destruction of government records or documents. No one has been charged in the case, and the search warrant on its own does not mean anyone will be.
Last year, officials with the National Archives discovered that Trump had taken a slew of documents and other government material with him when he left the White House at the end of his tumultuous term in January 2021.
Trump returned 15 boxes of material in January of this year. When archivists examined the material, they found many pages of documents with classified markings and referred the matter to the Justice Department, which began an investigation and convened a grand jury.
In the spring, the department issued a subpoena to Trump seeking additional documents that it believed may have been in his possession. The former president was repeatedly urged by advisers to return what remained.
In an effort to resolve the dispute, Bratt and other officials visited Mar-a-Lago in Palm Beach, Fla., in early June, briefly meeting Trump while they were there. Two of Trump’s lawyers, M. Evan Corcoran and Christina Bobb, spoke with Bratt and a small number of investigators he traveled with, people briefed on the meeting said.
Corcoran and Bobb showed Bratt and his team boxes holding material Trump had taken from the White House that were being kept in a storage area, the people said.
According to two people briefed on the visit, Bratt and his team left with additional material marked classified and around that time also obtained the written declaration from a Trump lawyer attesting that all the material marked classified in the boxes had been turned over.
A short time after the meeting, according to people briefed on it, Bratt sent Corcoran an email telling him to get a more secure padlock for the room. Trump’s team complied.
The Justice Department also subpoenaed surveillance footage from Mar-a-Lago recorded over a 60-day period, including views from outside the storage room. According to a person, the footage showed, after one instance in which Justice Department officials were in contact with Trump’s team, boxes were moved in and out of the room.