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edschweppeA redacted version of the affidavit supporting the Trump Mar-a-lago search warrant (executed on August 8) was released today. One thing not redacted in the affidavit: details of the classified information that Trump returned to the National Archives and Records Administration on January 18 of this year (which, one might note, was nearly a full year after Trump left office):
I suppose the "good" news is that the affidavit doesn't reference the type of classified info I was most familiar with during my submarine days - "Restricted Data", as defined by the Atomic Energy Act (42 US Code section 2014):
Of course, this doesn't say anything about the materials seized on August 8. But at least it doesn't appear that Trump took nuclear information with him. The human and signals intelligence is bad enough ...
The NARA Referral stated that on January 18, 2022, in accordance with the Presidential Records Act (PRA), NARA received from the office of former President DONALD J. TRUMP, hereinafter "FPOTUS," via representatives, fifteen (15) boxes of records, hereinafter, the "FIFTEEN BOXES." The FIFTEEN BOXES, which had been transported from the FPOTUS property at 1100 S Ocean Blvd, Palm Beach, FL 33480, hereinafter, the "PREMISES," a residence and club known as "Mar-a-Lago," futther described in Attachment A, were reported by NARA to contain, among other things, highly classified documents intermingled with other records.
[ ... ]
47. From May 16-18, 2022, FBI agents conducted a preliminary review of the FIFTEEN BOXES provided to NARA and identified documents with classification markings in fourteen of the FIFTEEN BOXES. A prelin1ina1y triage of the documents with classification markings revealed the following approximate numbers: 184 unique documents bearing classification markings, including 67 documents marked as CONFIDENTIAL, 92 documents marked as SECRET, and 25 documents marked as TOP SECRET. Further, the FBI agents observed markings reflecting the following compa11ments/dissemination controls: HCS, FISA, ORCON, NOFORN, and SI. Based on my training and experience, I know that documents classified at these levels typically contain NDI. Several of the documents also contained what appears to be FPOTUS's handwritten notes.
I suppose the "good" news is that the affidavit doesn't reference the type of classified info I was most familiar with during my submarine days - "Restricted Data", as defined by the Atomic Energy Act (42 US Code section 2014):
(y) The term "Restricted Data" means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 2162 of this title.Presumably, if the fifteen boxes returned to NARA on January 18 had included anything marked RESTRICTED DATA, the affidavit would have mentioned them as well.
Of course, this doesn't say anything about the materials seized on August 8. But at least it doesn't appear that Trump took nuclear information with him. The human and signals intelligence is bad enough ...
