The FBI recovered documents that were labeled “top secret” from former President Donald Trump’s Mar-a-Lago estate in Florida, according to court papers released Friday after a federal judge unsealed the warrant that authorized the search this week.
The seized records include some marked not only top secret but also “sensitive compartmented information,” a special category meant to protect the nation's most important secrets that if revealed publicly could cause “exceptionally grave” damage to U.S. interests. The court records did not provide specific details about information the documents might contain.
While incumbent presidents generally have the power to declassify information, that authority lapses as soon as they leave office and it was not clear if the documents in question have ever been declassified. And even an incumbent's powers to declassify may be limited regarding secrets dealing with nuclear weapons programs, covert operations and operatives, and some data shared with allies.
U.S. Magistrate Judge Bruce Reinhart, the same judge who signed off on the search warrant, unsealed the warrant and property receipt Friday at the request of the Justice Department after Attorney General Merrick Garland declared there was “substantial public interest in this matter,” and Trump said he backed the warrant’s “immediate” release. The Justice Department told the judge Friday afternoon that Trump’s lawyers did not object to the proposal to make it public.
The information was released as( Trump prepares for another run for the White House. During his 2016 campaign, he pointed frequently to an FBI investigation into his Democratic opponent, Hillary Clinton,To obtain a search warrant, federal authorities must prove to a judge that probable cause exists to believe that a crime was committed.
The Justice Department under Garland has been leery of public statements about politically charged investigations, or of confirming to what extent it might be investigating Trump as part of a broader probe into the Jan. 6 riot at the U.S. Capitol and efforts to overturn the results of the 2020 election.
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