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Justice Dept. said to have more evidence of possible Trump obstruction at Mar-a-Lago

edited April 2023 in Off-Topic
Ex-staffer’s emails, texts are guiding investigators, who increasingly suspect Trump went through boxes after subpoena

Below are abridged excerpts from a current report in The Washington Post:
Justice Department and FBI investigators have amassed fresh evidence pointing to possible obstruction by former president Donald Trump in the investigation into top-secret documents found at his Mar-a-Lago home, according to people familiar with the matter.

The additional evidence comes as investigators have used emails and text messages from a former Trump aide to help understand key moments last year, said the people, who like others interviewed for this article spoke on the condition of anonymity to discuss an ongoing criminal investigation.

The new details highlight the degree to which special counsel Jack Smith’s investigation into the potential mishandling of hundreds of classified national security papers at Trump’s Florida home and private club has come to focus on the obstruction elements of the case — whether the former president took or directed actions to impede government efforts to collect all the sensitive records.

In the classified documents case, federal investigators have gathered new and significant evidence that after the subpoena was delivered, Trump looked through the contents of some of the boxes of documents in his home, apparently out of a desire to keep certain things in his possession, the people familiar with the investigation said.

Investigators now suspect, based on witness statements, security camera footage, and other documentary evidence, that boxes including classified material were moved from a Mar-a-Lago storage area after the subpoena was served, and that Trump personally examined at least some of those boxes, these people said. While Trump’s team returned some documents with classified markings in response to the subpoena, a later FBI search found more than 100 additional classified items that had not been turned over.

Court papers filed seeking judicial authorization for the FBI to conduct the search of Trump’s home show agents believed that “evidence of obstruction will be found at the premises.”

A key element in most obstruction cases is intent, because to bring such a charge, prosecutors have to be able to show that whatever actions were taken were done to try to hinder or block an investigation. In the Trump case, prosecutors and federal agents are trying to gather any evidence pointing to the motivation for Trump’s actions.

Investigators have also amassed evidence indicating that Trump told others to mislead government officials in early 2022, before the subpoena, when the National Archives and Records Administration was working with the Justice Department to try to recover a wide range of papers, many of them not classified, from Trump’s time as president, the people familiar with the investigation said. While such alleged conduct may not constitute a crime, it could serve as evidence of the former president’s intent.

These people said prosecutors have collected evidence that Trump ignored requests from multiple advisers to return the documents to the archives over a period of a year, that he asked advisers and lawyers to release false statements claiming he had returned all documents, and that he grew angry after being subpoenaed for the documents.

Investigators also have evidence that Trump sought advice from other lawyers and advisers on how he could keep documents after being told by some on his team that he could not, people familiar with the investigation said. They have collected evidence that multiple advisers warned Trump that trying to keep the documents could be legally perilous.

But people familiar with the matter stressed that a major thrust of the investigation has been the question of obstruction, and whether Trump sought to deliberately prevent officials from gathering all of the classified material at Mar-a-Lago.

Smith’s team has been presenting witnesses and evidence for months to a grand jury in Washington focused on the Mar-a-Lago probe, even as a separate grand jury at the same federal courthouse hears evidence related to efforts to block the results of the 2020 election, and the state-level prosecutors in New York and Georgia press forward with their cases.

The Mar-a-Lago prosecutors recently won a court fight that allowed them to question Trump’s lawyer, Evan Corcoran, before the grand jury about what he knew about the documents.

Grand jury proceedings are secret, and Smith has given no public indication of the pace of his investigation or when he expects it to be finished.
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