The Department of Justice (DOJ), in a court filing Tuesday night, suggested former President Donald Trump and his team tried to “obstruct” its investigation into the possible mishandling of government documents.
The DOJ’s latest court filing provides more details regarding why prosecutors sought a search warrant for Trump’s Mar-a-Lago home. The filing “casts doubt on the extent of cooperation” by Trump’s team earlier in the year, as it notes that the FBI recovered numerous documents “with classification markings” in its August 8 search. (RELATED: DOJ’s Highly Redacted Trump Affidavit Details Reasons For Raid)
“Through further investigation, the FBI uncovered multiple sources of evidence indicating that the response to the May 11 grand jury subpoena was incomplete and that classified documents remained at the Premises, notwithstanding the sworn certification made to the government on June 3,” DOJ Counterintelligence Chief Jay Bratt wrote in the filing.
The August 8 raid, the filing notes, came months after the June 3 signing of a certification letter that asserted “any and all” documents relating to the DOJ investigation had been given over.
“In particular, the government developed evidence that a search limited to the Storage Room would not have uncovered all the classified documents at the Premises. The government also 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,” Bratt added.
FILE PHOTO: An aerial view of former U.S. President Donald Trump’s Mar-a-Lago home after Trump said that FBI agents searched it, in Palm Beach, Florida, U.S. August 15, 2022. REUTERS/Marco Bello/File Photo
The latest court filing argues that the judge should deny Trump’s push to have a “Special Master” – an individual who would independently review the documents taken from his home – appointed.
Bratt suggests that Trump, in his lawsuit asking for a “Special Master,” failed to cite a case “in which executive privilege has been successfully invoked to prohibit the sharing of documents within the Executive Branch.”
Bratt also argues this is not a case in which Trump could, even theoretically, claim executive privilege and that he has not actually “asserted executive privilege.”
“Even if the Court had jurisdiction to entertain Plaintiff’s claims, appointment of a special master is unnecessary and would significantly harm important governmental interests, including national security interests,” the DOJ argued in its filing. “Appointment of a special master is disfavored in a case such as this.”
“In any event, the government’s filter team has already completed its work of segregating any seized materials that are potentially subject to attorney-client privilege, and the government’s investigative team has already reviewed all of the remaining materials, including any that are potentially subject to claims of executive privilege,” the filing adds, reiterating news from earlier in the week that revealed the DOJ has already reviewed documents taken in the raid.
The DOJ’s court filing also includes an evidence photograph showing a number of documents strewn across a floor. Some of these documents have “Secret” and “Top Secret” labeling.
Trump’s team did not immediately respond to a request for comment from the Daily Caller.