By Perry Stein and Devlin Barrett
Mar-a-Lago affidavit (click here): 184 classified documents recovered in January
Some White House documents sent to the National Archives in January appear to contain Trump’s handwritten notes, court filing says.
There is no denying the writing belongs to Trump. He was in possession of the documents.
...On Aug. 8, FBI agents searched the estate in Palm Beach and carted away about 20 boxes from a bedroom, office and a first-floor storage room....
...Some were marked “HCS,” a category of highly classified government information; others related to the Foreign Intelligence Surveillance Court and material meant not to be shared with foreign nations....
...It is unusual to make the details of such an affidavit public, particularly in an ongoing investigation. But numerous media organizations and other parties have asked that the document be unsealed, citing the extreme public interest in the case involving a former president who may run again in 2024....
...a telling revelation that a large number of individuals have provided information to the FBI about the classified documents that were kept at Mar-a-Lago....
The "PREMISES" were never a secured facility for the storage of classified military documents. It is a national security issue. How many copies were made and distributed. Russia and China didn't have to engage in corporate espionage, Trump made is easy for them. Trump was never president, he was Putin's yes man.
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022
Putin said, "Jump."
Trump said, "How high?"
Trump violated U.S.C. 793(c), 1519 or 2071
(c)
Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter;
(a)
Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b)
Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
The United States of America has been compromised by its own president.
1994—Pub. L. 103–322 (click here) substituted “fined under this title” for “fined not more than $2,000” in subsecs. (a) and (b).
1990—Subsec. (b). Pub. L. 101–510 inserted at end “As used in this subsection, the term ‘office’ does not include the office held by any person as a retired officer of the Armed Forces of the United States.”
I imagine that is $2000 per document.
I would also know what the agency found in the room where these documents were found. Were they the only documents there or what exactly seemed to be the function of the storage area besides hiding stolen documents. Availability of copiers, telecommunication devices and the records of those apparatus.
...Sec. 1.2. Classification Levels. (a) Information may be classified at one of the following three levels:
(1) "Top Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.
(2) "Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.
(3) "Confidential" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe....
(1) "Top Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.
(2) "Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.
(3) "Confidential" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe....
...Sec. 1.4. Classification Categories....
...(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential sources;
(e) scientific, technological, or economic matters relating to the national security;
(f) United States Government programs for safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or
(h) the development, production, or use of weapons of mass destruction....
(b) foreign government information;
(c) intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential sources;
(e) scientific, technological, or economic matters relating to the national security;
(f) United States Government programs for safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or
(h) the development, production, or use of weapons of mass destruction....
There is a lot of words used in this affidavit that is rather scary. This wasn't simply classified and filed, this is also about the agencies and their agents.
Under "Statutory Authority and Definitions"
SCI - Sensitive Compartmented Information
SI - Special Intelligence is a control system (a safeguard system) within an SCI to prevent foreign intelligence from monitoring the US Government's deepest secrets.
Paragraph 13
HUMIT is an intelligence control systems for SCI to protect clandestine human sources also called "human intelligence." In other words, those human beings in the world that act IN TRUST to the USA to bring about better security for the USA and other countries were in the mix of the documents Trump stole. The agencies have to find out if these Human Intelligence have indeed been compromised and bring them to the USA if they were. This aspect of the affidavit could be highly injurious to the USA considering how long it takes to develop this kind of trusted human intelligence.
It is one thing to have corporate and government espionage by foreign powers, but, these are human beings that developed a loyalty to the USA and trusted it. There is a lot that has to be weeded through to determine exactly who was compromised and if we can know if harm came to them as an act by this president.
FISA - Foreign Intelligence Surveillance Act
NOFORN - Not releasable to foreign nationals/governments/US citizens
ORCON - Originator Controlled - distribution beyond designated US entities and persons must have originator approval. There is also extensive discussion in the Executive Order about originators. So, this is a sensitive issue in that there is a high level of trust within this classification. The originator of the document remains in the loop for any distribution beyond what the originator considers pertinent to share. This includes all sorts of legal implications for the USA as well. Patents come to mind. There is probably foreign intelligence that falls into this category as well. Even troop movements as reported by a source other than the USA military. We see a lot of originator information within the Ukraine war. Average folks shared information that was gathered from common sources. The information was important to military operations.
"Need to Know" comes up as a function of the government even when dealing with foreign governments. Levels of classification of PERSONNEL comes to play in this aspect of the classification system.
My nightmare is probably true. Under that same heading in the affidavit in paragraph 18 are the words,
...automated information systems, including networks and telecommunication systems...
Trump transmitted information. He also didn't care about having these documents in a proper holding area. There must be electronic records that could be hacked into or read electronically by outside sources.
November 25, 2019
By Kevin Breuninger
Yujing Zhang, a 33-year-old Shanghai business consultant, was arrested on March 30 and charged with unlawfully entering Trump’s Mar-a-Lago club and lying to federal agents.
She was convicted on both counts by a 12-member jury in Florida federal court in September, following a brief but unusual trial....
32 CFR § 2001.43 - Storage (click here)
Michael Moore has an interesting release on Substack this week about his time at Maralago. Not until people were gathering and taking selfies with him did any security personnel stop his progression through the facility.
32 C.F.R. Parts 2001 (click here) and 2003 (click here); specifically 32 C.F.R. 2001.43 (click here) also
Cornell 32 CFR § 2001.43 - Storage (click here)
The storage area at Maralago was never certified by the GSA, a vault built to federal standards or an area constructed according to specifications of 2001.53.
Listed in the affidavit in entirety of parts of law of significance to the affidavit:
18 U.S.C. 1518
18 U.S.C. 2071
PRA 44 U.S.C. 2201
44 U.S.C.3301(a)
They can be read on Page 6, just before the section "Probable Cause"
February 9, 2022 was the trigger that began the investigation at DOJ, when a Special Agent assigned to NARA's Office of Inspector General received information from NARA's White House Liaison Division the 15 boxes retrieved from Maralago besides public records were classified documents that had been opened and strewn in with all the other information and records as well as improperly identified. It was a security breach.
Congress was notified with the first in line the Chairwoman of Oversight and Reform in the USA House Carolyn Maloney. There is a URL listed. Then came the enforcement of the "Big Lie" once again by "Save America Political Action Committee." Lies about the agents never finding anything and how this was a big political stunt, no doubt by President Biden himself. No loyalty to the country was expressed at all. Everything was to enforce "The Big Lie" that Trump was still and even more so "Poor Trump" burdened heavily with all the faults and corruption of the USA Government. I doubt seriously any such PAC will apologize for the propaganda campaign while the USA was treated with enormous disrespect by Trump himself and allowed the country to be compromised.
January 18, 2021 a report from CBS Miami citing moving trucks at Maralago.
Section "Provisions of the 15 Boxes" - page 13
May 6, 2021 NARA request for missing PRA records and continued to ask for them until December 2021 when NARA was informed 12 boxes were found and ready for retrieval at the PREMISES.
Section The Fifteen Boxes provided to NARA contained classified information - Page 16 of the affidavit.
May 16-18, 2021 FBI agents did a preliminary review and found classified documents in 14 of the 15 boxes. Then the breakdown of the documents, 184 unique document total with 67 marked confidential, 92 marked secret and 25 marked top secret.
Another abbreviation of NDI is listed in the affidavit. The only NDI I am familiar with is (click here).
Entering the picture are the legal advisers to Trump and a letter what's value is enough to present to a judge considering action with the information presented. Also a reference to May 5, 2022, "Breitbart" and Kash Patel with another URL.
It is going to be difficult to attempt to tie all this together because it is heavily redacted. This is page 18.
Page 21 of the affidavit June 8, 2022 a letter between DOJ and Trump counsel states the PREMISES was basically in violation of the security of the USA as it never had sufficient means to protect the documents to standard.
Page 22 - Footnote number 2 refers to 18 U.S.C. 793(e) and it has been viewed legally in reference to military national defense. Case law is stated. 312 U.S. 19 28 (1941), applicable language including the Espionage Act. More case law 221 F.3d 542 579 (4th Cir 2000), more case law 844 F.2d 1057, 1071-72 (4th Cir. 1988) and also Case Law 844 F.2d at 1071-72.
I don't recall Footnote 1. It must be redacted.
June 9, 2022 Trump's counsel acknowledges receipt of the DOJ letter.
New section on page 25 entitled, There is Probable Cause to Believe That Documents Containing Classified NDI and Presidential Records Remain at the Premises
Page 28 lists the exact places where documents were found, STORAGE ROOM, the president's suite at Maralago, Pine Hall and "45 Office." EGO TRIP. Trump was president number 45, yes? The affidavit goes on to say, these areas and others are not secure or authorized since January 20, 2021.
Section "Conclusion"
No one is holding back for any reason, there is reason to believe and plenty of it evidently, although it would only take one classified document to violate 18 U.S.C. 793(e), 2071 or 1519. Here is mentioned for the second time Attachment A and now there is Attachment B.
Section "Request for Sealing" is to protect the documents submitted as evidence. There is some open question about the thoroughness of the documents returned and more being in the possession of Trump on the PREMISES.
Section that speaks to rules for handling Client - Privilege Documents on Page 30 and 31.
Exhibit 1 on Pages 31 to 35
Attachment A on Page 36
Attachment B on Page 37
Total of 38 pages of the document with non-disclosure of page 38, probably a blank.
Trump and is alternate universe and media is untrustworthy and dangerous to not just the people of the USA, but, every other person and country that trusted the USA.
