Because they might have been declassified., Without looking at the documents you have no idea. End of story.
The investigation, according to the three crimes cited in the search warrant as suspected, providing probable cause for applying for the warrant, does not involve classified vs declassified, but you are aware of that and post to contradict your own awareness because you have no defense of the crimes the warrant cites.
These are the questions a jury would consider if Trump were ever tried under 18 USC 793e.
www.emptywheel.net
August 26, 2022
"...Here’s what jurors would be asked to decide:
Did the defendant, without authorization, have possession of, access to, or control over a document that was National Defense Information?
Yes. As of January 20, 2021, Donald Trump (FPOTUS) had an affirmative obligation to return all Presidential Records to the National Archives, whether or not those records had National Defense Information.
From May 6, 2021 until late December 2021, NARA informed FPOTUS of missing documents and attempted to negotiate their return. Upon retrieval of those documents, NARA sent a referral to DOJ regarding the classified documents. Inventories and witness testimony confirmed FPOTUS retained further Presidential Records, including classified records. On May 12, the FBI subpoenaed the remaining classified documents at Mar-a-Lago, but when Jay Bratt arrived to retrieve them on June 3, he discovered FPOTUS continued to withhold classified documents.
From January 20, 2021 until August 8, 2022, FPOTUS retained 100s of documents including NDI in defiance of the Presidential Records Act, as well as other documents.
Did the document in question relate to the national defense?
From January 20, 2021 until January 2022,
FPOTUS retained the following documents containing NDI:
- 67 Confidential documents
- 92 Secret documents
- 25 Top Secret documents
- Others marked HCS, FISA, ORCON, NOFORN, and SI
- Some documents with Trump’s handwritten notes
From January 2022 until June 3, 2022, FPOTUS retained [description of the documents turned over]. On that day, representatives showed Jay Bratt–but refused to turn over–identifiable documents containing NDI.
From January 20, 2021 until August 8, 2022, FPOTUS had unauthorized possession of 11 boxes including NDI documents, including documents classified TS/SCI.
All of these documents were closely held, related to national defense,
would do grave damage if released.
Did the defendant have reason to believe the information could be used to the injury of the United States or to the advantage of any foreign nation? ..."
