(Trends Wide) — The National Archives (NARA, for its acronym in English) informed former President Donald Trump that he is preparing to turn over to special counsel Jack Smith 16 records showing that Trump and his top advisers were aware of the correct declassification process while he was president, according to multiple reports. sources.
In a May 16 letter obtained by Trends Wide, acting archivist Debra Steidel Wall wrote to Trump: “The 16 records in question reflect communications implicating close presidential advisers, some of them addressed to you personally, about whether you should declassify certain Classified Records, Why and How”.
The 16 presidential files, which were subpoenaed earlier this year, may provide compelling evidence that the former president had knowledge of the declassification process, a key element of the criminal investigation into Trump’s mishandling of classified documents.
The records may also provide information about Trump’s intent and whether he willfully ignored what he knew to be clearly established protocols, according to a source familiar with recent testimony provided to the grand jury by former Trump officials.
Trump and his allies have insisted that as president, Trump did not have to follow a specific process to declassify documents. On a Trends Wide forum last week, Trump repeated the claim that simply by removing classified documents from the White House he had declassified them. “And by the way, they automatically declassify when I take them,” Trump said.
According to the letter, Trump attempted to block the special counsel’s access to the 16 records by asserting a claim of “constitutional privilege.” But in his letter, Wall rejects that assertion, stating that the special counsel’s office has represented that it “is prepared to demonstrate specifically to a court why the 16 records are likely to contain evidence that would be important to the investigation of the case.” investigative jury”.
The special prosecutor also told the Archives that the documents “are not practically available from any other source.”
The letter goes on to say that the records will be released on May 24, 2023 “unless otherwise prohibited by an interim court order.”
A source close to Trump’s legal team told Trends Wide that the former president has received several letters like this from the Files throughout the investigation.
Trump’s team can challenge this in court, this person said, but claimed that in the past the Archives has turned over documents before Trump’s team has had a chance to challenge the release in court.
Trump’s legal team would not disclose what was in the 16 records, but the source said the former president’s attempt to block the special counsel’s access to them is “more of a strategic fight over constitutional and presidential protections than withholding evidence from the public.” special prosecutor”.
The special counsel’s office and the Archives declined to comment. A Trump spokesman did not respond to a request for comment.
Last year, after the FBI seized top-secret and classified documents at Trump’s Mar-a-Lago resort, the former president and his allies claimed that Trump had a “standing order” to declassify the documents he took from the Office. Oval to the White House residence.
But 18 former Trump administration officials said they had never heard of any such order being issued during their time working for Trump, telling Trends Wide the claim was “absurd,” “ridiculous” and “complete fiction.” .
NARA’s letter to Trump comes amid a flurry of activity by Smith’s team, including grand jury appearances by former national security officials who testified that they told Trump there was a process for a president to declassify material, according to a source familiar with the matter.
The 16 records may help federal investigators clear a major hurdle to a possible prosecution of the former president. Although presidents have the ultimate authority to declassify, the limits of that authority have not been tested in court.
That means the various claims by Trump and his allies that he declassified material without going through the standard process cannot be completely dismissed by the Justice Department.
In his letter, Wall claims that NARA began searching the relevant records after receiving a subpoena from Smith’s team on January 23, 2023. The Archives found 104 unclassified documents that matched what federal prosecutors had requested.
When notified that NARA intended to provide those documents to the grand jury, Trump’s legal team raised privilege concerns about 81 of those records. Biden’s White House was also notified, but told NARA that the sitting president would not assert privilege to prevent those records from being shared with the grand jury.
The special counsel also had access to other records not challenged by the Trump team.
Ultimately, the special prosecutor identified the 16 records in question as relevant to the grand jury’s investigation.
On last week’s Trends Wide forum, Trump misrepresented the Presidential Records Act, falsely claiming that he was “allowed” to take documents with him when he left office.
In fact, the Presidential Archives Act states that as soon as a president leaves office, the National Archives become the legal custodians of the president’s archives, which belong to the public.
“He had every right to do that under the Presidential Records Act,” Trump said when asked by Trends Wide’s Kaitlan Collins why he took documents with him when he left the White House. “You have the Presidential Records Act. I was there and I took what I took and it was declassified,” he added.
