The FBI investigation into top-secret government information discovered at Mar-a-Lago is zeroing in on the question of whether former President Donald Trump's team criminally obstructed the probe. A new document alleges that government records had been concealed and removed and that law enforcement officials were misled about what was still there.
The allegation does not necessarily mean that Trump or anyone else will ultimately face charges. But it could pose the most direct legal threat to Trump or those in his orbit, in part because the Justice Department has historically viewed obstruction as an aggravating factor that tilts in favour of bringing charges in investigations involving the mishandling of classified information.
“It goes to the heart of trying to suborn the very integrity of our criminal justice system,” said David Laufman, who once oversaw the same Justice Department counterintelligence section now responsible for the Mar-a-Lago investigation.
The latest Justice Department motion in the case is focused less on the removal last year of classified information from the White House to Mar-a-Lago and more on the events of this past spring. That's when law enforcement officials tried — unsuccessfully — to get all documents back and were assured, falsely, that everything had been accounted for after a “diligent search.”
The Justice Department issued a grand jury subpoena in May for the records, and officials visited Mar-a-Lago on June 3 to collect them. When they got there, Tuesday's department document says, they were handed by a Trump lawyer a “single Redweld envelope, double-wrapped in tape” containing documents.
A custodian for the records presented a sworn certification to the officials saying that “any and all responsive documents" to the subpoena had been located and produced. A Trump lawyer said that all records that had come from the White House had been held in one location — a storage room — and that there were none in any private space or other spot at the house.
But the FBI came to doubt the truth of those statements and obtained a search warrant to return on Aug. 8.
Officials had "developed evidence that government records were likely concealed and removed from the Storage Room and that efforts were likely taken to obstruct the government's investigation,” the new Justice Department filing says.
In their August search, agents found classified documents not only in the storage room but also in the former president's office, including three classified documents in an office desk, according to the Justice Department. In some instances, the agents and attorneys conducting the review of seized documents required additional clearances since the material was so highly classified.
