More classified documents have been discovered in former President Donald Trump’s Mar-a-Lago bedroom following an FBI search, court records filed Tuesday reveal.
What Happened: Additional classified records were found in Donald Trump‘s Mar-a-Lago bedroom after an FBI search of his Florida estate. The detail emerged in court filings related to a separate legal battle as Trump seeks to have his indictment dismissed for prosecutorial misconduct, reported The Hill.
The filings, unsealed for the first time, include a decision from Judge Beryl Howell, who indicated that Trump was subpoenaed again in January 2023. His attorneys later handed over a "mostly empty folder marked ‘Classified Evening Summary.'" Howell expressed disbelief at Trump’s lack of awareness of the classified records in his home well after the August 2022 search.
"Notably, no excuse is provided as to how the former president could miss the classified-marked documents found in his own bedroom at Mar-a-Lago," Howell wrote. The case has revealed classified records in various locations, alarming prosecutors, including a ballroom stage and a bathroom.
The newly unsealed opinion follows special counsel Jack Smith‘s push to secure further testimony from Trump attorney Evan Corcoran and 88 pages of his records. Howell reviewed Trump’s legal culpability, including obstruction of justice charges for willfully retaining classified records.
She noted Trump’s role in concealing information from his attorney and encouraging co-defendant Walt Nauta to return storage room boxes without being caught on camera. The DOJ accused Trump of ordering footage deletion in a superseding indictment, one of 41 counts he faced.
Howell also explained her rationale for lifting attorney-client privilege, noting "the crime-fraud exception pierces the attorney-client privilege even when the attorney is an unknowing tool of his client." The opinion was shared as an exhibit by Trump's legal team, seemingly favoring Smith’s position.
The matter is now before Judge Aileen Cannon, who is weighing this motion and others asking to dismiss the case. She has indefinitely delayed Trump's trial, refusing to set a new trial date while needing more time to consider the motions.
Why It Matters: The discovery of additional classified documents in Trump’s Mar-a-Lago bedroom adds another layer to the ongoing investigation into his handling of sensitive materials. This follows reports that two of Trump’s employees moved boxes of papers just before an FBI visit in June 2022, raising suspicions of potential obstruction.
Earlier this year, it was revealed that FBI agents and Justice Department prosecutors had disagreements over how to recover documents from Mar-a-Lago. Some agents preferred a more cautious approach, seeking Trump’s permission for the search instead of conducting a surprise raid.
Most recently, a federal judge indefinitely postponed Trump’s trial regarding the classified documents, citing the need for more time to consider various motions. The trial was initially set to begin on May 20, 2024.
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