- The DOJ is investigating Trump for keeping classified documents in his Mar-a-Lago home.
- A former federal prosecutor told MSNBC that the investigation is similar to a narcotics case.
A former federal prosecutor compared the Justice Department's investigation into former President Donald Trump's possession of classified documents to a narcotics case.
Danya Perry, a former assistant US attorney of the Southern District of New York, told MSNBC's "The Beat" on Wednesday that it doesn't matter whether documents found by the FBI in Trump's Mar-a-Lago home earlier this month were declassified or not because she believed he was still keeping them illegally.
"Even if Trump had attempted to declassify ... Isn't the mere fact that he had these records in his possession from the beginning evidence of his guilt?" the MSNBC anchor Katie Phang asked Perry.
"In some ways, this is like a narcotics case," Perry responded. "If you have it in your possession ... you can argue [that you] didn't realize that white powdery substance was cocaine, but that's a difficult argument. I've never seen that argument succeed."
According to the Presidential Records Act, every presidential document — from notebook doodles to top-secret security plans — has to go directly to the National Archives after the end of their term as it is considered the property of the American people.
Perry's comments came after the FBI executed a search warrant at Mar-a-Lago on August 8 and seized about 20 boxes worth of material, including 11 sets marked as classified. The search was part of an investigation into whether the former president violated three federal laws, including the Espionage Act.
The DOJ had been trying to obtain all of the classified documents in Trump's possession for several months.
On June 3 — nearly two months before the raid — Trump's lawyer, Christina Bobb, signed a letter attesting that all classified material that was in Mar-a-Lago had been returned and that a "diligent search" had been conducted, the DOJ said in a court filing released on Tuesday.
The DOJ filing said that the FBI's August 8 search, which uncovered more sensitive material, "cast serious doubt" on Bobb's sworn statement. The filing is evidence that the government is also focused on the possibility that Trump and his allies were obstructing the probe.
Trump has given a range of defenses in the wake of the Mar-a-Lago search, including claiming that he had a "standing order" as president to automatically declassify any documents he took away from the Oval Office.
While the president does have broad power to declassify documents, there is a lengthier process that usually requires the approval of officials in other federal departments and agencies, The New York Times noted.
Representatives for Trump did not immediately respond to Insider's request for comment.