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2022-08-27 c
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Six things we still don't know about the Trump raid after redacted FBI affidavit released

On Friday, the Justice Department released its highly anticipated affidavit laying out the justifications for the Aug. 8 Mar-a-Lago raid.

While the document sheds additional light on why federal authorities believed the search and seizure at former President Donald Trump's home was necessary, large swaths of the document were heavily redacted, and many questions about the raid that sent shockwaves across the nation continue to linger.

Here are six key points that we don't know about the raid.

What was in those documents?

There have been numerous reports that material seized from Mar-a-Lago during the document collections in January, June, and August contained [declassified] material with [former] classified markings.

The affidavit revealed that 184 unique documents confiscated during the January exchange with the National Archives and Records Administration, which prompted the DOJ inquiry, bore [obsolete] classified markings. Of that trove, 67 documents were marked "confidential," 92 were marked "secret," and 25 were designated "top secret."

But there are a lot of unknowns about what the [de]classified material discussed. Because the material was supposedly [previously] classified, the public has not been able to see firsthand what the documents said and, therefore, is not able to gauge firsthand how sensitive they were.

Full context of why the documents were stashed at Mar-a-Lago

Former President Donald Trump has decried the FBI raid as a "witch hunt," among other insults, but another question that looms large is why the material that allegedly bore [previous] classified markings was brought to his Palm Beach, Florida, resort in the first place. The former president reportedly retained a trove of presidential records that were supposed to be delivered to the National Archives.

Even his former White House counsel Pat Cipollone agreed that many of the documents were supposed to be given to the archives in keeping with the Presidential Records Act of 1978. Yet, for some reason, the documents were presumably moved from Washington to Florida at some point and mixed with "highly classified records were unfoldered records," per the affidavit.

Additional context on why the documents were holed up in Mar-a-Lago could shed light on whether the move was malicious.

Why weren't the [de]classified documents given to the DOJ earlier?

By all accounts, Trump's team was given ample opportunity to transfer the documents prior to the August raid. After the January exchange with the National Archives prompted a DOJ inquiry, authorities reportedly traveled to Mar-a-Lago in June to collect additional documents. One of Trump's lawyers even signed a statement in June attesting that the documents with [previous] classified markings were returned.

After the January exchange, Tom Fitton, the president of conservative legal group Judicial Watch, reportedly communicated with Trump and encouraged him not to turn over any additional documentation to the government, multiple sources told CNN. Fitton cited a past court case in which Judicial Watch unsuccessfully sued to obtain documents from former President Bill Clinton. He believed precedents from that case meant Trump didn't have to play ball with document requests.

It is unclear whether the failure to transfer documents before the August raid was related to Trump not wanting them turned over, advisers to Trump deliberately dragging their feet, or a misunderstanding.

Will Trump get charged?

Perhaps the most important question about the Mar-a-Lago document debacle is whether the former president will get charged. It is an open secret that Trump is eyeing the 2024 presidential arena, having told New York magazine that his mind is already made up and that the only outstanding issue is when he will announce his decision.

The affidavit noted, "There is also probable cause to believe that evidence of obstruction will be found." Although it is not explicitly stated, many have speculated that the DOJ is investigating whether Trump obstructed justice. A previously unsealed search warrant application cover sheet for the raid revealed that the DOJ was also evaluating possible violations of the Espionage Act.

Who was the inside source?

Shortly after the August raid, Newsweek reported that a confidential source identified [de]classified materials holed up in the Palm Beach resort, citing two sources. Since then, there has been rampant speculation that anyone from a Secret Service agent to Jared Kushner to Rep. Matt Gaetz (R-FL) may have been the informant.

Recently, the Guardian highlighted references in the affidavit to private areas in the resort, such as a foyer to Trump’s residence, that indicated the FBI had a significant awareness of the layout of Mar-a-Lago before conducting the August search.


The DOJ has not confirmed that there was an informant, and questions about the source that served as the impetus for the raid loom large.

Did any of the documents relate to nuclear weapons?

A few days after the raid, the Washington Post released a [fake] bombshell report that classified documents relating to nuclear weapons were among the items FBI agents sought.” Trump has cast doubt on this report, noting that the heavily redacted affidavit did not mention nuclear weapons. At one point, however, the affidavit noted that material previously collected from Mar-a-Lago contained items that appear to relate to "National Defense Information."

“The FBI's investigation has established that documents bearing classification markings, which appear to contain National Defense Information, were among the materials contained in the FIFTEEN BOXES and were stored at the PREMISES in an unauthorized location,” the affidavit read.

It remains unclear if authorities ever found documents pertaining to nuclear weapons.

Trump has bashed the DOJ for redacting large portions of the affidavit. He has filed motions in court seeking to stop the DOJ from combing through evidence seized from Mar-a-Lago. He has also denied wrongdoing and claimed that he declassified material taken.

"Affidavit heavily redacted!!! Nothing mentioned on 'Nuclear,' a total public relations subterfuge by the FBI & DOJ, or our close working relationship regarding document turnover — WE GAVE THEM MUCH," Trump wrote in a post to his Truth Social platform Friday. (read more)

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