FBI executes search warrant at Mar-A-Lago

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https://threadreaderapp.com/thread/1564825192865611777.html

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Bradley P. Moss

   
10h • 11 tweets • 2 min read[/color]
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I have read the entire Government filing. I spend all day, every day, litigating against the Government, so some of this is familiar stuff to see. This particular brief is very well-done.

Here are the highlights:

1) The facts. NARA negotiated in 2021 for the missing 
records. They finally got 15 boxes. After going through them and finding all kinds of classified records (not organized at all), they raised the alarm. They wanted to make a referral to the FBI but had to first consult with Trump's team, per the PRA procedure. Trump's team delayed for weeks and weeks, and never substantively responded. Finally, NARA told Trump's team they were making the referral and rejected the "protective" assertion of Executive Privilege.

2) At no time did Trump's legal team file an action *at that point* to prevent the referral to FBI.

3) The FBI reviewed the records and the criminal inquiry was opened. A grand jury subpoena was issued to Trump's team. Again, they delayed and delayed in complying. Finally, in early June they agreed to a meeting at MAL to comply. They turned over more classified records, and swore out a statement that they had done a diligent search, they had not found any more classified records, and any records that remained were in the storage room. They refused to let the FBI agents look at the boxes in the storage room. 


4) The FBI gathered new evidence that there were in fact more classified records at MAL, including in locations outside of the storage room. They got the search warrant and found approximately 100 additional classified records, some located in Trump's own office.

5) That is straight up obstruction and concealment of classified records, and willfully retaining them in an unauthorized location.

6) Now come the legal arguments. First, DOJ says Trump lacks standing. The records are not his: they are the property of the US. Even if he wanted to claim them as personal records, he never did so. He did not do so in 2021, he did not do so when subpoenaed, he never did it. He has no possessory interest in the records.

7) Second, they argue Trump is not entitled to any injunctive relief. Again, these are not his records, he 


waited way too long to even try to stop the FBI from getting the records, he's not entitled to relief given Executive Privilege would not apply, and even if it did the criminal investigative need outweighs it.

8) Third, the Special Master is moot. The A/C privilege records were already separated and are set to be evaluated by the magistrate. The records Trump claims are covered by EP are not his anyway, and the Nixon precedents make clear he cannot invoke it to override the need to conduct a criminal investigation.

9) To sum it up, Trump took PLAINLY MARKED classified records to MAL, he delayed, obstructed and resisted Government efforts to recover them, he (or his staff) concealed the records from investigators, and they got caught doing so.

/end