It is not clear how much the appointment of a special master would slow or complicate the government’s review of the material. Mr. Trump’s team has suggested that it would be a first step toward challenging the validity of the search warrant; but it also gives the Justice Department, which is expected to respond this week, an opportunity to air new details in public through their legal filings.
The release on Aug. 26 of a partly redacted affidavit used by the Justice Department to justify its search of former President Donald J. Trump’s Florida residence included information that provides greater insight into the ongoing investigation into how he handled documents he took with him from the White House. Here are the key takeaways:
The government tried to retrieve the documents for more than a year. The affidavit showed that the National Archives asked Mr. Trump as early as May 2021 for files that needed to be returned. In January, the agency was able to collect 15 boxes of documents. The affidavit included a letter from May 2022 showing that Trump’s lawyers knew that he might be in possession of classified materials and that the Justice Department was investigating the matter.
Prosecutors are concerned about obstruction and witness intimidation. To obtain the search warrant, the Justice Department had to lay out possible crimes to a judge, and obstruction of justice was among them. In a supporting document, the Justice Department said it had “well-founded concerns that steps may be taken to frustrate or otherwise interfere with this investigation if facts in the affidavit were prematurely disclosed.”
Some of the Trump lawyers’ efforts have also appeared ineffective or misdirected. Mr. Corcoran, in his May 25 letter, made much of Mr. Trump’s powers to declassify material as president, and cited a specific law on the handling of classified material that he said did not apply to a president. The search warrant, however, said federal agents would be seeking evidence of three potential crimes, none of which relied on the classification status of the documents found at Mar-a-Lago; the law on the handling of classified material cited by Mr. Corcoran in the letter was not among them.
Two lawyers who are working with Mr. Trump on the documents case — Mr. Corcoran and Jim Trusty — have prosecutorial experience with the federal government. But the team was put together quickly.
Mr. Trusty was hired after Mr. Trump saw him on television, people close to the former president have said. Mr. Corcoran came in during the spring, introduced by another Trump adviser during a conference call in which Mr. Corcoran made clear he was willing to take on a case that many of Mr. Trump’s other advisers were seeking to avoid, people briefed on the discussion said.
What we consider before using anonymous sources.
How do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.
Mr. Trump’s allies have reached out to several other lawyers, but have repeatedly been turned down.
Mr. Corcoran in particular has raised eyebrows within the Justice Department for his statements to federal officials during the documents investigation. People briefed on the investigation say officials are uncertain whether Mr. Corcoran was intentionally evasive, or simply unaware of all the material still kept at Mar-a-Lago and found during the Aug. 8 search by the F.B.I.
Mr. Corcoran did not respond to a request for comment. Taylor Budowich, a spokesman for Mr. Trump, said only that Mr. Trump and his legal team “continue to assert his rights and expose the Biden administration’s misuse of the Presidential Records Act, which governs all pertinent facts, has been complied with and has no enforcement mechanism.”
Source Article from https://www.nytimes.com/2022/08/28/us/politics/trump-search-legal-team.html
Comments