Question……concerning the time line.
First, do we agree that PRA and NARA issues are not criminal?
If so, what was the reason for a raid?
What was the criminal probable cause?
Thus, they raid Maralago and grab everything in every room so to speak, no defined area or goal.
They later rifle through everything and determine what?
That Trump had agency documents?
And that becomes a criminal probe?
I’m asking these questions because it seems like the raid was not legal.
Of course the obvious is double standards and if indeed Presidents can only take with them their own notes and similar items, how did Obama have 30,000 documents that still haven’t been reviewed by anyone other than himself?
As a side note, who packed the boxes for shipment to MaraLago?
Who made the list of what to take?
Did staffers know what was legal to pack and what wasn’t?
“ First, do we agree that PRA and NARA issues are not criminal?”
Yes.
“If so, what was the reason for a raid?
What was the criminal probable cause?”
According to the indictment, Trump returned 15 boxes to NARA in Jan 2022. Of those 15 boxes, 14 contained a total of 197 classified documents, including 98 marked secret and 30 marked top secret. Some were also marked SCI (Special Compartmented Information) and SAP (Special Access Program), both designations above Top Secret. NARA made a referral to DoJ upon discovery of the classified documents and DoJ opened a criminal investigation. A grand jury submitted a subpoena for all documents with classification markings. Trump and his attorneys submitted additional classified documents under the subpoena and certified that all boxes had been searched and all classified documents turned over. The FBI reviewed security surveillance videos from Mar-a-Lago that showed a lot of the boxes being moved around, with boxes apparently being removed before the attorneys could search them. Based on this video, the FBI claimed to have probable cause to believe Trump was hiding and retaining classified documents in defiance of the subpoena. It was on this basis they obtained the search warrant.
The criminal probe already existed even before the grand jury subpoena.
The double standard at play is painfully obvious, but a selective prosecution claim hardly ever prevails. Fair or not, as long as the prosecutor can make a facially reasonable argument as to why one was prosecuted and another was not, the courts are loathe to interfere with prosecutorial discretion.
And regarding who packed the boxes, it really doesn’t matter. As everyone agrees, Trump was the head of the Executive Branch and is ultimately responsible.
GSA packed the boxes. That was because NARA declined to do so, the first time they have refused to participate in decades. I think that’s curious. Was it because they were involved in the plot with the DOJ to go after Trump later, knowing full well he’d inadvertently take a few questionable documents? I hope the House Oversight Committee compels NARA officials to testify before them as to why they chose not to pack Trump’s papers.