Guest post: Notes on an affidavit
Originally a comment by Screechy Monkey on 9 a.m. Pacific time.
After reviewing the affidavit (it’s here, the link @6 is to something else), I would say it’s not a completely uninformative nothingburger, but not terribly illuminating or new.
My notes:
— A criminal investigation was opened after the return of the 15 boxes. In other words, it’s not just the discovery that Trump continued to withhold documents that triggered a criminal inquiry.
— Of the 15 boxes that Trump voluntarily turned over, there were 67 documents marked confidential, 92 marked secret, and 25 top secret. Many also carried other designations, including those relating to human intelligence (i.e. sources)
— According to the FBI agent, many of the documents contain national defense information, which is a basis for criminal liability separate and apart from any classification status (this is not really new info)
— The classified documents were not kept in any orderly fashion and were interspersed with other nonclassified materials
— some of the documents bear what appear to be Trump’s handwritten notes (unclear whether those notes were made during his time in office or later)
— Trump’s counsel wrote a letter to investigators pointing out the president’s authority to declassify, and demanded that the letter be provided to any court. The DOJ did in fact attach the letter to the warrant application; Trump’s position was not “hidden” from the judge
None of the unredacted portions shed any light on how DOJ came to believe there were additional materials being withheld. Unsurprising as that would reveal sources and methods.
Some further comments based on reading analysis from people who actually know this stuff:
In addition to the human intelligence (HCS) designation, the signals intercept (SI) and FISA designations are noteworthy and troubling.
There is no mention of the Atomic Energy Act, so presumably none of the returned documents involved American nuclear secrets; if there were documents related to nuclear, it would be pertaining to other countries.