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The affidavit that led to the FBI's search of Trump's Mar-a-Lago home specifically mentions an Obama-era executive order about classified national security information

Aug 27, 2022, 00:53 IST
Business Insider
Former President Donald Trump holds up papers during a press conference in the James Brady Press Briefing Room on April 20, 2020.Alex Brandon/AP
  • The Justice Department on Friday released the affidavit that led to the Mar-a-Lago raid.
  • The heavily redacted affidavit mentions an Obama-era executive order about classified information.
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The affidavit that led to the FBI's search of former President Donald Trump's Mar-a-Lago home earlier this month specifically mentions an Obama-era executive order about classified national security information.

A redacted version of the affidavit — which unveils new details about the unprecedented August 8 search — was released on Friday by the Justice Department and came after public pressure for the department to disclose documents that supported the search.

The affidavit specifically mentions Executive Order 13526, which then-President Barack Obama issued in December 2009.

A White House statement accompanying the order said its aim was to outline a "uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism."

Obama's order updated previous executive orders that presidents Bill Clinton and George W. Bush issued in 1995 and 2003, respectively, that also outlined a system for classified information.

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The affidavit reads:

"Under Executive Order 13526, information in any form may be classified if it: (1) is owned by, produced by or for, or is under the control of the United States Government; (2) falls within one or more of the categories set forth in the Executive Order [Top Secret, Secret, and Confidential]; and (3) is classified by an original classification authority who determines that its unauthorized disclosure reasonably could be expected to result in damage to the national security."

The affidavit then goes on to describe the different classifications for information marked "Confidential," "Secret," and "Top Secret," and explain how unauthorized disclosure of the information under each category could harm national security.

In their search of Mar-a-Lago, federal agents recovered 11 sets of classified documents — some of which were highly classified or top secret, the Wall Street Journal reported.

The 38-page court filing unveiled on Friday details how the FBI believed that, even after Trump returned 15 boxes of documents to the National Archives back in January, there were still sensitive documents at his Mar-a-Lago resort.

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"There is probable cause to believe that additional documents that contain classified NDI [national defense information] or that are Presidential records subject to record retention requirements currently remain at the premises," an FBI special agent wrote, referring to Mar-a-Lago.

The agent continued: "There is also probable cause to believe that evidence of obstruction will be found at the premises."

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