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      Trump was issued subpoena for folder marked ‘Classified Evening Briefing’ discovered at Mar-a-Lago

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      Trump was issued subpoena for folder marked ‘Classified Evening Briefing’ discovered at Mar-a-LagoExclusive: Subpoena was issued last month after the folder was observed in Trump’s private quarters at the property Donald Trump’s lawyers turned over an empty manilla folder marked “Classified Evening Briefing” after the US justice department issued a subpoena for its surrender once prosecutors became aware that it was located inside the private quarters of the former president’s Mar-a-Lago resort, two sources familiar with the matter said.The previously unreported subpoena was issued last month, the sources said, as the recently appointed special counsel escalates the inquiry into Trump’s possible unauthorized retention of national security materials and obstruction of justice.Mike Pence subpoenaed in Trump special counsel investigations – reportsRead moreThe folder was seen in Trump’s residence by a team of investigators he hired to search his properties last year for any remaining documents marked as classified. The team transparently included the observation in an inventory of Mar-a-Lago and Trump properties in Florida, New Jersey and New York.Weeks after the report was sent to the justice department, the sources said, federal prosecutors subpoenaed the folder. The folder is understood to have not been initially returned because the lawyers thought “Classified Evening Briefing” did not make it classified, nor is it a formal classification marking.The backstory the justice department was told about the folder was that Trump would sometimes ask to keep the envelopes, featuring only the “Classified Evening Briefings” in red lettering, as keepsakes after briefings were delivered, one of the sources said.Around the same time that Trump’s lawyers turned over the empty folder – earlier reported by CNN – they also returned in December a box of presidential schedules at Mar-a-Lago of which a couple were marked as classified, and in January, a laptop on to which the contents of the box had been scanned last year by a junior aide.The mishandling of those materials appears to have been inadvertent – in which case, the justice department would be unlikely to include them in the criminal investigation, which has been far more focused on the documents that the FBI seized from Mar-a-Lago last summer.But the contentious saga reflects the deteriorating relationship between federal prosecutors who have become frustrated at Trump’s resistance towards the inquiry and his lawyers who have complained that the justice department has been unnecessarily heavy-handed at every turn.A spokesperson for the special counsel’s office declined to comment.Late last year, Trump hired a team of two private contractors with security clearances to search his properties after the department told his lawyers that they suspected the former president was still in possession of classified-marked documents even after the FBI search in August.The contractors found and immediately returned two documents, both marked as classified at the “SECRET” level, from boxes that appeared to have been unopened since they were shipped from the White House at the end of the Trump administration, the Guardian previously reported.Then, at Mar-a-Lago in December, the contractors found a box that mainly contained presidential schedules, in which they found a couple of classified-marked documents to also be present and alerted the legal team to return the materials to the justice department, the sources said.The exact nature of the classified-marked documents remains unclear, but a person with knowledge of the search likened their sensitivity to schedules for presidential movements – for instance, presidential travel to Afghanistan – that are considered sensitive until they have taken place.Trump documents: Congress offered briefing on records kept at Mar-a-LagoRead moreAfter the Trump legal team turned over the box of schedules, the sources said, they learned that a junior Trump aide – employed by Trump’s Save America political action committee who acted as an assistant in Trump’s political “45 Office” – last year scanned and uploaded the contents of the box to a laptop.The junior Trump aide, according to what one of the sources said, was apparently instructed to upload the documents by top Trump aide Molly Michael to create a repository of what Trump was doing while in office and was apparently careless in scanning them on to her work laptop.When the Trump legal team told the justice department about the uploads, federal prosecutors demanded the laptop and its password, warning that they would otherwise move to obtain a grand jury subpoena summoning the junior aide to Washington to grant them access to the computer.To avoid a subpoena, the Trump legal team agreed to turn over the laptop in its entirety last month, though they did not allow federal prosecutors to collect it from Mar-a-Lago.ABC News earlier reported the handover.“This is nothing more than a politically-motivated witch-hunt against President Trump,” a spokesman for Trump said in a statement. “The weaponized Department of Injustice has shown no regard for common decency and key rules that govern the legal system.”It was around the same time in January as the justice department retrieved the laptop that federal prosecutors in the office of the Trump special counsel Jack Smith issued a grand jury subpoena for the manilla folder marked “Classified Evening Briefing” observed in Trump’s Mar-a-Lago private quarters.TopicsDonald TrumpTrump administrationMar-a-LagoUS CongressUS politicsUS SenatenewsReuse this content More

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      Mike Pence subpoenaed in Trump special counsel investigations – reports

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      Mike Pence subpoenaed in Trump special counsel investigations – reportsFormer vice-president and former Trump official Robert O’Brien issued subpoena though nature of requests is not known Former US vice-president Mike Pence and the former national security adviser Robert O’Brien have been subpoenaed by the special counsel leading investigations into classified documents found at former president Donald Trump’s Mar-a-Lago residence and efforts to overturn the 2020 election result, according to media reports on Thursday.Pence was issued a subpoena by special counsel Jack Smith, though the nature of the request was not immediately known, ABC News reported, citing sources. The action follows months of negotiations involving federal prosecutors and Pence’s lawyers.Judge who told Pence not to overturn election predicts ‘beginning of end of Trump’Read moreO’Brien has been asserting executive privilege in declining to provide some of the information that prosecutors are seeking from him, according to CNN.Pence’s office did not immediately respond to a request for comment. Smith’s office declined to comment on both reports from CNN and ABC.Trump’s former acting Department of Homeland Security secretary, Chad Wolf, was interviewed by justice department lawyers in recent weeks as part of the ongoing special counsel investigation related to 2020 election interference, the report added, citing sources.The US attorney general, Merrick Garland, named Smith as special counsel in November to oversee investigations of Trump, shortly after Trump said he would seek the Republican nomination for president again in 2024.The first investigation involves Trump’s handling of highly sensitive classified documents he retained at his Florida resort after leaving the White House in January 2021.The second investigation is looking at efforts to overturn the 2020 presidential election’s results, including a plot to submit phony slates of electors to block Congress from certifying Democrat Joe Biden’s victory.Grand juries in Washington have been hearing testimony in recent months for both investigations from many former top Trump administration officials.Last month, Garland named a separate special counsel, Robert Hur, to probe the improper storage of classified documents at Biden’s home and former office.In late January, Pence said he was not aware though he takes “full responsibility” after classified documents were found at his Indiana home.The documents were discovered after a review of his personal records was conducted in the wake of classified material being found at Biden’s home in Delaware.TopicsUS newsMike PenceDonald TrumpMar-a-LagoLaw (US)US politicsnewsReuse this content More

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      Why prosecutors might get Trump – and not Biden – for classified documents

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      AnalysisWhy prosecutors might get Trump – and not Biden – for classified documentsHugo Lowell in WashingtonTrump’s situation is more perilous because of his reluctance to cooperate and his suspected obstruction of justice Donald Trump’s retention of classified-marked documents at his Mar-a-Lago resort is distinguished in the eyes of the justice department from that of Joe Biden or Mike Pence as a result of one particularly crucial difference: suspected obstruction of justice.In the case of the classified documents, it’s more serious for Trump than BidenRead moreLegal experts believe the situation for the former US president is more perilous than others swept up in the scandal because of his reluctance to cooperate at key moments in the investigation and his unwillingness to proactively search his properties for marked documents after becoming aware that he possessed such papers.The justice department has added in court filings that it suspected Trump of concealing classified-marked documents at Mar-a-Lago – and while that might be the most aggressive characterization, the trouble for Trump is that he has handled his case far differently from Biden and Pence.The recent discoveries of marked documents, first at Biden’s office in Washington and home in Delaware, and then at Pence’s home in Indiana, reflect how presidential transitions are chaotic and senior government officials are clearly unaware of the contents of boxes packed by aides.But what matters to the justice department – and what distinguishes an inadvertent error from a potential crime – is what happens once classified-marked documents are found and whether officials take steps to ensure they have returned any such papers to the government.“If they found Trump took them away, purposely, but then as soon as the archives said he had, he said: ‘Oops, sorry, here have them back,’ I don’t think they would be considering charges,” former US attorney Harry Litman said of the criminal investigation into Trump.To date, Biden and Pence freely gave up the marked documents as soon as they were found and proactively allowed their lawyers to search their properties out of an abundance of caution – whereas the department found getting documents back from Trump to be a monumental struggle.Trump’s legal team has suggested the first time they knew of classified-marked documents in the former president’s possession was when they were issued a grand jury subpoena on 11 May, demanding the return by 24 May of any marked papers, regardless of whether they had been declassified.Trump’s lawyer Evan Corcoran asked for a roughly two-week extension to comply with the subpoena, which the justice department initially declined, before giving him a one-week extension until 7 June. Corcoran then told the department they could collect documents on 3 June.At Mar-a-Lago, Corcoran returned a folder of documents and, at Trump’s urging, took the officials from the justice department to the storage room that he had searched, and asked them to be in touch if they needed anything more. The Trump lawyers also presented a sworn statement attesting compliance.Trump’s legal team has said the 3 June meeting was not obstructive, since Corcoran believed, albeit erroneously, that he was in full compliance and Trump went out of his way to show them the storage room that had been searched, and was prepared to let them search it themselves had they asked.Biden and Pence documents reveal US crisis of ‘overclassification’, expert saysRead moreBut from the perspective of federal prosecutors, a source familiar with the matter said, the overtures were deceptive: the compliance was incomplete, and the FBI seized 101 classified-marked documents from the property, including from the storage room that they passed off as clear.“The big element here is that you know they want the documents back and you resist or impair,” Litman said. “That false certification is strong evidence of intent. It’s hard to say: ‘Oh, you wanted them all back, I’m so sorry, we’ve been so busy,’ when they signed that paper.”The prosecutors, the source said, have not regarded being shown the storage room to be a mitigating factor for an additional reason: the burden to ensure compliance with a grand jury subpoena was not on the justice department and tacitly allowing them to search the room was meaningless.For Trump’s case to mirror that of Biden or Pence, Trump essentially would have had to comply with the subpoena, but then proactively conduct another search of his resort – as Biden later did with his home – and proactively search his other properties, as Biden did with his beach house.But as it turned out, once the justice department left Mar-a-Lago that day in June, Trump’s lawyers made no effort to ensure no more classified-documents remained at the resort, or any other property, until the department repeatedly sought them to do so around Thanksgiving – a search that turned up two more marked papers.TopicsDonald TrumpTrump administrationMar-a-LagoBiden administrationJoe BidenUS politicsanalysisReuse this content More

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      In the case of the classified documents, it’s more serious for Trump than Biden

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      AnalysisIn the case of the classified documents, it’s more serious for Trump than BidenHugo Lowell in WashingtonThe former president’s retention of papers at Mar-a-Lago appears to satisfy more criteria for prosecution than the find at Biden’s institute Donald Trump’s retention of documents marked classified at his Mar-a-Lago resort has aggravating factors that might support his criminal prosecution unlike the discovery of some documents also marked classified stored at Joe Biden’s former institute from his time as vice-president, legal experts said.The US justice department has clear criteria for prosecuting people who intentionally mishandle highly sensitive government documents, and the facts of the Trump documents case appear to satisfy more elements than in the Biden documents case.Broadly, the Department of Justice has typically pursued prosecutions when cases have involved a combination of four factors: wilful mishandling of classified information, vast quantities of classified information to support an inference of misconduct, disloyalty to the United States and obstruction.The criminal investigation into Trump touches on at least two of those elements – obstruction, where a person conceals documents with an intent to impede a government agency, and the volume of classified materials at Mar-a-Lago – unlike the Biden case, which appears to touch on none.The obstruction applies particularly to Trump because of his repeated refusal to fully surrender classified documents, including when he only partially complied with a grand jury subpoena issued in May demanding any classified materials, that led to the FBI search of Mar-a-Lago last August.And Trump for months also resisted conducting a search for any classified documents that the justice department suspected were still in his possession even after the FBI seized hundreds of classified materials, only for that second search to turn up at least two more classified documents.By contrast, the classified documents found last year at the University of Pennsylvania’s Biden Center for Diplomacy in Washington, where he was an honorary professor until 2019, were returned to the National Archives as soon as they were discovered when the office was being closed down.The Trump documents case also significantly differs from the Biden documents case over the sheer quantity and scattered nature of classified materials that were potentially exposed in such a way as to support an inference of intentional misconduct, the legal experts noted.Trump had kept hundreds of classified documents across his office and a storage room at Mar-a-Lago, as well as a separate storage unit in Palm Beach, Florida, compared with 10 classified documents found at the UPenn Biden Center in downtown Washington.Taken together, the aggravating factors of Trump’s partial compliance with the grand jury subpoena – that led the justice department to believe Trump was actively concealing documents – and the number of classified materials at Mar-a-Lago make his case more perilous, the legal experts said.“These cases typically are charged criminally only when an aggravating factor is present,” former US attorney Barb McQuade said of classified documents investigations. “The key difference with Trump is that two of the four are well met, and that is willful violation and obstruction of justice.“The two factors that are present for Trump do not appear to be present in the Biden case, and so for that reason, I would say that these cases are very different,” McQuade said, adding that if she was the US attorney reviewing the Biden case, she would decline to prosecute the current president.The two cases do share a notable similarity: both the Trump classified documents and the Biden classified documents were found commingled with other, non-classified materials, which can be an indicator of when a defendant would have been aware of their presence.For Trump, the commingled non-classified materials were dated after the end of his presidency, suggesting he had access to the classified documents when he was no longer authorized. For Biden, the commingled materials were dated no more recently than 2016, when he was still the vice-president.TopicsDonald TrumpJoe BidenMar-a-LagoUS politicsanalysisReuse this content More

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      DoJ seeking to hold Trump team in contempt of court over classified documents

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      DoJ seeking to hold Trump team in contempt of court over classified documentsTrump office did not comply with subpoena issued in May demanding the return of all classified documents, a source says The US justice department is seeking a top federal judge to hold Donald Trump’s political office in contempt of court for not fully complying with a grand jury subpoena issued in May demanding the return of all classified documents in its possession, according to a source familiar with the matter.The department in recent weeks asked the chief US district court judge for the District of Columbia, Beryl Howell, to hold Trump’s office in contempt after prosecutors were unable to get the former president’s lawyers to designate a custodian of records to certify all records were returned.Howell has not ruled on the matter, which remains under seal. But the move, earlier reported by the Washington Post, significantly raises the stakes for Trump as he stares down a criminal investigation into unauthorized retention of national security information and obstruction of justice.The issue is to do with the Trump legal team’s reluctance to designate a custodian of records to certify that Trump is no longer in possession of any documents marked classified and thus in compliance with the subpoena that demanded the return of all such government records, the source said.If the Trump legal team could not find someone to certify under oath that all documents bearing classified markings had been returned, the department is said to have communicated, it would seek a judicial sanction.The contempt action is understood to be focused on Trump’s office because the subpoena, issued on 11 May, sought the return of all documents and writings “in the custody of Donald J Trump and/or the Office of Donald J Trump” bearing classification markings.In response to the subpoena, the Trump lawyer Evan Corcoran conducted a search of the former president’s Mar-a-Lago resort in Florida and identified a number of pertinent documents, and got another Trump lawyer Christina Bobb to sign a caveated certification certifying all records were returned.The certification letter, though, was heavily caveated and Bobb insisted on changes to the letter drafted by Corcoran so that it ultimately read she was making the attestation “based on the information provided to me” and “to the best of my knowledge”, the Guardian previously reported.In the weeks after the FBI seized 103 documents marked classified when officials searched Mar-a-Lago on 8 August, the justice department told Trump’s lawyers that they believed Trump was still in possession of additional documents, and sought a second assurance that no documents were left.The department never got a second attestation and recently moved to have Trump’s office held in contempt, catching by surprise Trump’s legal team which had decided to take a more cooperative approach with federal prosecutors after initially trying an aggressive approach, the source said.That appears to have deeply frustrated the government, which told Trump’s lawyers that if they refused to designate a custodian of records to sign a sworn statement attesting that all documents marked classified had been returned, it would formally seek to hold them in contempt.Should Howell hold Trump’s office in contempt – a closed-door hearing is scheduled at the US district court for the District of Columbia for Friday – it would likely be subject to some form of sanction until the former president’s office is deemed to be in compliance with the May subpoena.“Contempt is used as a coercive tactic,” said Barbara McQuade, former US attorney and University of Michigan Law School professor. “When it’s an entity, it’s often a monetary fine.”The impending court battle between the justice department and Trump’s lawyers comes after it emerged that a search of a storage unit in Florida holding boxes of material belonging to Trump turned up two more documents marked classified, in addition to the 103 found at Mar-a-Lago by the FBI.It was not clear whether the department initiated the contempt proceeding before or after the two additional documents were found. The Trump legal team is understood to have turned over the two new documents as soon as they were discovered, the source said.TopicsDonald TrumpUS politicsFBIMar-a-LagonewsReuse this content More

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      US courts ruling in favor of justice department turns legal tide on Trump

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      US courts ruling in favor of justice department turns legal tide on TrumpThe ex-president’s supporters will no longer be able to avoid testifying before grand juries in Washington DC and Georgia A spate of major court rulings rejecting claims of executive privilege and other arguments by Donald Trump and his top allies are boosting investigations by the US justice department (DoJ) and a special Georgia grand jury into whether the former US president broke laws as he sought to overturn the 2020 election results.Justice department asks Pence to testify in Trump investigationRead moreFormer prosecutors say the upshot of these court rulings is that key Trump backers and ex-administration lawyers – such as ex-chief of staff Mark Meadows and legal adviser John Eastman – can no longer stave off testifying before grand juries in DC and Georgia. They are wanted for questioning about their knowledge of – or active roles in – Trump’s crusade to stop Joe Biden from taking office by leveling false charges of fraud.Due to a number of court decisions, Meadows, Eastman, Senator Lindsey Graham and others must testify before a special Georgia grand jury working with the Fulton county district attorney focused on the intense drive by Trump and top loyalists to pressure the Georgia secretary of state and other officials to thwart Biden’s victory there.Similarly, court rulings have meant that top Trump lawyers such as former White House counsel Pat Cipollone, who opposed Trump’s zealous drive to overturn the 2020 election, had to testify without invoking executive privilege before a DC grand jury investigating Trump’s efforts to block Congress from certifying Biden’s election victory.On another legal front, some high level courts have ruled adversely for Trump regarding the hundreds of classified documents he took to his Florida resort Mar-a-Lago when he left office, thus helping an inquiry into whether he broke laws by holding onto papers that should have been sent to the National Archives.“Trump’s multipronged efforts to keep former advisers from testifying or providing documents to federal and state grand juries, as well as the January 6 committee, has met with repeated failure as judge after judge has rejected his legal arguments,” ex-justice department prosecutor Michael Zeldin told the Guardian. “Obtaining this testimony is a critical step, perhaps the last step, before state and federal prosecutors determine whether the former president should be indicted … It allows prosecutors for the first time to question these witnesses about their direct conversations with the former president.”Other ex-justice lawyers agree that Trump’s legal plight has now grown due to the key court rulings.“Favorable rulings by judges on issues like executive privilege and the crime-fraud exception to the attorney-client privilege bode well for agencies investigating Trump,” said Barbara McQuade, a former US attorney for eastern Michigan. “Legal challenges may create delay, but on the merits, with rare exception, judges are consistently ruling against him.”Although Trump has been irked by the spate of court rulings against him and his allies, experts point out that they have included decisions from typically conservative courts, as well as ones with more liberal leanings.Former federal prosecutor Dennis Aftergut, for instance, said that: “Just last month, the 11th circuit court of appeals, one of the country’s most conservative federal courts, delivered key rulings in both the Fulton county and DoJ Trump investigations.”Specifically, the court in separate rulings gave a green light to “DoJ criminal lawyers to review the seized, classified documents that Trump took to Mar-a-Lago, reversing renegade district court judge Aileen Cannon’s freeze-in-place order”, Aftergut said.In the other ruling, the court held that Graham “couldn’t hide behind the constitution’s ‘speech and debate’ clause to avoid testifying before the Atlanta grand jury”, Aftergut noted.“The speech and debate clause,” he pointed out, “only affords immunities from testifying about matters relating to congressional speeches and duties. That dog didn’t hunt here.”Soon after these rulings, the supreme court left both orders in place. “It’s enough to make an old prosecutor with stubborn faith in the courts proud,” Aftergut said.Separately, federal court judge David Carter, who issued a scathing decision earlier this year that implicated Trump and Eastman in a conspiracy to overturn the 2020 election, last month ruled that Eastman had to turn over 33 documents to the House January 6 panel including a number that the judge ruled were exempt from attorney-client privilege because they involved a crime or an attempted crime.Ex-justice lawyers say that a number of the recent court rulings should prove helpful to the special counsel Jack Smith, who attorney general Merrick Garland recently tapped to oversee both DoJ’s investigation into Trump’s retention of sensitive documents post presidency and the inquiry into his efforts to stop Biden from taking office.True to form, Trump didn’t waste any time attacking the new special counsel.“I have been going through this for six years – for six years I have been going through this, and I am not going to go through it any more,” Trump told Fox News Digital in an interview the same day Smith was appointed. “And I hope the Republicans have the courage to fight this.” More

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      Trump to barrel ahead with campaign reveal despite Republican pushback

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      Trump to barrel ahead with campaign reveal despite Republican pushbackSources say Trump will deliver the address from Mar-a-Lago Tuesday even though his candidates fared poorly in the midterms Donald Trump is expected to announce his 2024 presidential campaign on Tuesday night as planned, according to multiple sources close to the former US president, inserting himself into the center of national politics as he attempts to box out potential rivals seeking the Republican nomination.Trump for 2024 would be ‘bad mistake’, Republican says as blame game deepens Read moreTrump will deliver at 9pm ET a speech from the ballroom at his Mar-a-Lago resort, where he recently hosted a subdued midterm elections watch party, and detail several policy goals that aides hope could become central themes of the presidential campaign.Trump’s remarks were being finalized late into the night with a pair of speechwriters and his political team, the sources said, with aides keen for the former president to convey a degree of seriousness as he seeks voters to elevate him to a second term in the White House.The political team at Mar-a-Lago are aware nonetheless that Trump has a penchant for veering off script and delivering news as he pleases, often fixating on grievances over debunked election fraud claims that have historically done him no favors.Still, Trump appears to know that after the disappointing Republican results in the midterm elections, he is perhaps at his most politically vulnerable since the January 6 Capitol attack, and faces a critical moment to ensure he does not get discarded by the rest of the GOP.03:20The former president has been forced to shoulder some of the blame for poor performances in key races, including in Pennsylvania, where his handpicked Republican candidate, Mehmet Oz, lost to Democrat John Fetterman in a contest that allowed Democrats to keep the Senate majority.That prompted some of his trusted external advisers to urge him to delay announcing his 2024 candidacy until after the Senate runoff election in Georgia, where another of his Republican candidates, Herschel Walker, trailed Democratic incumbent Raphael Warnock in a close general election.The group urging a delay feared that Trump could sink the Senate runoff for Republicans as he is widely considered to have done in 2020, when he focused on his own angry complaints about the 2020 election rather than helping the party’s two candidates, who both ended up losing.But Trump was told by top members of his political team to stick to the original schedule, the Guardian has previously reported, since delaying the announcement would give him the appearance of being wounded by the disappointing results in the midterms and would make him look weak.The calendar would also complicate an announcement later in the year, he was told, since waiting until the week after the runoffs in December would be the final week before Christmas – which would mean only several days of cable news coverage before the holiday season.A further consideration may have also been on Trump’s mind: the idea – though likely misguided – that declaring his candidacy would provide protection from the justice department as prosecutors investigate whether he criminally retained national security documents at Mar-a-Lago.Trump was swayed by the “go” advisers just a few days after election night for the midterms, the sources said. The decision was communicated as final and several “delay” advisers, like Jason Miller, reversed course to publicly support a Tuesday announcement.But Trump has remained unsettled about the possibility that Florida governor Ron DeSantis, who won re-election last week in a landslide, may consider a 2024 White House bid of his own – the one potential candidate he considers a genuine threat.To get ahead of rivals, reinforce his status as the frontrunner for the Republican nomination, and if nothing else, seize the limelight, Trump has been itching for some time to launch his 2024 campaign and has already started laying the groundwork for the effort.The former president wanted to announce his candidacy at his final rally before the midterms when he stumped for Senate candidate JD Vance in Ohio, one of the bright spots for Trump’s endorsements given Vance’s comfortable victory.Instead, having been told to hold off his 2024 campaign launch for fear he could turn out more Democratic voters in the midterms, Trump ended up announcing that he would announce his candidacy – which his political team later rued as perhaps having the same effect.TopicsDonald TrumpRepublicansMar-a-LagoUS Capitol attackUS midterm elections 2022newsReuse this content More

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      Court files show evidence Trump handled records marked classified after presidency

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      Court files show evidence Trump handled records marked classified after presidencyJustice department filing claims former US president kept secret documents in drawer at Mar-a-Lago with other files from after his time in office Donald Trump retained documents bearing classification markings, along with communications from after his presidency, according to court filings describing the materials seized by the FBI as part of the ongoing criminal investigation into whether he mishandled national security information.The former US president kept in the desk drawer of his office at the Mar-a-Lago property one document marked “secret” and one marked “confidential” alongside three communications from a book author, a religious leader and a pollster, dated after he departed the White House.‘Where’s the beef?’: special master says Trump’s Mar-a-Lago records claims lack substanceRead moreThe mixed records could amount to evidence that Trump wilfully retained documents marked classified when he was no longer president as the justice department investigates unauthorised possession of national security materials, concealment of government records, and obstruction.The classification status of the two documents is in dispute after Trump claimed that all documents at Mar-a-Lago had been declassified before he left office, though no such evidence has emerged and his lawyers have not repeated it in court.New details about the commingled documents came in a eight-page filing submitted by the justice department on Saturday to Raymond Dearie, the special master examining whether the 103 documents seized by the FBI should be excluded from the evidence cache.The justice department said towards the end of the filing: “Because plaintiff [Trump] can only have received the documents bearing classification markings in his capacity as president, the entire mixed document is a presidential record.”The commingled records appear to have some significance to the criminal investigation, since the two classified documents were the only ones found in Trump’s office besides those contained in a leather-bound box and one additional document that the FBI seized during its search on 8 August.The leather-bound box contained some of the most sensitive records found at Mar-a-Lago: seven documents marked “top secret”, 15 marked “secret”, two marked “confidential”, as well as 45 empty folders with “classfied” banners and 28 folders marked “Return to Staff Secretary/Military Aide”.Trump has attacked the investigation as a partisan effort designed to hurt him politically, as analysts speculate he will announce his 2024 campaign on Tuesday. The Guardian identified the nature and location of the commingled documents at issue by comparing the unique identifier numbers with a spreadsheet filed by the justice department showing they were part of “Item #4” seized by the FBI, which is described in another filing as “Documents from Office”.The documents investigation is expected to intensify in the coming weeks, with the midterm elections largely finished and federal investigators closing in on several key witnesses.The justice department gained testimony last Friday from top Trump adviser Kash Patel about claims that all the documents seized from Mar-a-Lago were declassified, after he was forced to take limited immunity and appear before a federal grand jury in Washington.It comes after federal investigators also obtained contradictory accounts from Walt Nauta, a former White House valet who followed Trump to Florida after his presidency, about removing boxes from a storage room at Mar-a-Lago that was used to keep some documents marked classified.The justice department has also attempted in recent weeks to compel Trump to return more government documents that it believes to be in his possession, prompting some of Trump’s lawyers to discuss ideas such as having an outside firm certify that no more records remain, say people close to the matter.TopicsDonald TrumpUS politicsMar-a-LagonewsReuse this content More